Abstract
The Juvenile age or teenage years are marked by innocence, curiosity and vulnerability. But this may not be the same for every child around this world, some may be on the brightest side of this life while others on the darkest side. Many children around the world are exposed to unfathomable barbarity. This kind of experience can be destructive, leaving deep scars on the innocent minds that last a lifetime. After looking into the sensitivity of this matter it can be better understood that it is our collective responsibility to ensure these young and vulnerable are protected from the harm and a safe and nurturing environment is provided to them. In that direction only the government of India passed the Juvenile Justice Act, 1986 for the first time in such an act with an objective to provide for the care, protection, and welfare of the Juveniles involved in criminal activities. In 2000 amendment was initiated in the act which replaced the age of Juvenile from 16 years to 18 years aligning with the UN convention on Child rights. After that year 2015 had a significant amendment following a non famous case of Nirbhaya Gangrape 2012. The amendment stated that Juvenile if found involved in a heinous crime like murder and rape can be treated as major. The Juvenile Justice Act was changed to Juvenile Justice ( Care and Protection ) Act. With the passage of the time the act also evolved with the number of amendments. The most recent amendment proposed. in the act is the Juvenile Justice Act ( Care and protection ) Amendment Bill 2022.
Objective of Juvenile Justice Amendment Bill, 2022
The bill seeks to achieve the objective of having such reforms in our Juvenile Justice Act which should give paramount consideration to the child welfare, care , and protection. It aims to create such a environment for the Juvenile that ensure safe environment for them and no scope of abuse , harassment and other offence against children. The act aims to establish such a society by introducing more stricter penalties against offender of child related offences. Major changes in the section 26 and section 86 of the Juvenile Justice can observed which makes offence related child abuse non cognizable. This resolves major issues of registering FIR by the child victims against the offenders without permission of district magistrate with the present amend in the act.
Strengthening Child protection : Key amendment in Juvenile Justice Act, 2022
As the change in the name of the act from Juvenile justice act to Juvenile justice( Care and protection) Amendment act , 2022. The new amendments initiated in the act are more focus towards child protection and providing healthy and protected environment to children. Some of the major changes initiated in the Juvenile justice amendment model 2022 are as follows:
There are reduction substitution and addition in the in the purposed Amendment act which ensures that basic aim of the legislation is maintained. The power to order adoption is now with district magistrate not with courts under the respective act which ensures the child welfare. This change is illustrated in the rule 81 of the act sub rule (5) which empowers the district magistrate to deal with the issues related to transfer of child which has been now changed to “Transfer or Repatriation of Children” in new amendment of 2022.
New provision is also added which states that it is obligation of district magistrate to supervise District child protection unit and to also review the functioning of child protection committees. It also state that district magistrate should be exploring all the possible opportunities such as scheme for the child welfare such a sub mentioned under section 45 and section 105 of the Juvenile justice act, 2015.
There is also mention of girl child protection in the recent amendment 2022 it says any girl released from child care institution should be kept in working women hostel or any other safe location until arrangement of proper accommodation is ensured. The act also emphasizes on educating children about their rights as in the rule 69 the sub rule is to be inserted regarding awareness of rights and information about child care institute to the Juvenile.
There is also measure taken to lessen down the crime against children’s by making offence related to children that are punishable with imprisonment between three to seven years ” non – Cognizable”.
A New Era of Child Welfare : Understanding Juvenile Justice amendment act 2022
It is a significant legislation which aims to strengthen the children welfare and protection in India.
It gives a paramount consideration to overall well being of child and preventing Juvenile Delinquency. This all is ensured with introduction of the child friendly procedure which ensure that every child is treated with dignity throughout the judicial process. It also focuses more on rehabilitation rather than penalties to children. There is very less scope of child abuse is left with rigid and more stringent penalties for chid abuse. The definition of child and Juvenile is expanded in the act buy substituting get with “any individual under the age of 18” The act priorities rehabilitation, protection , accountability and providing save and supporting environment to children’s.
Stricter Qualifications for Child Welfare Committee Members
The amendment also introduces stringent criteria for the selection of Child Welfare Committee (CWC) members. To qualify, individuals must have at least seven years of experience in fields related to child welfare, such as health, education, or social work, or hold relevant professional degrees. Additionally, the bill bars individuals with records of human rights violations or offenses involving moral turpitude from serving on CWCs. This move ensures that only qualified and ethically sound individuals are involved in making critical decisions regarding child welfare.
Grievance Redressal Mechanism
In an effort to enhance accountability, the amendment designates the district magistrate as the grievance redressal authority for CWCs. This allows any individual connected with a child to file a petition regarding grievances, which the district magistrate will then address. This mechanism ensures that concerns related to child welfare are promptly and effectively resolved.
Protecting the Future: Amendment in the Juvenile justice Act 2022
As it is always said that children are the future of any nation. In order to build a better future it is very crucial to preserve the rights of this children and ensure better environment for a nation builders. The Amendment Act initiated is focusing on to remove all the loopholes present in our system dealing with issues related to Juveniles. The most stricter penalties for child abused has been added. In the case of State of Maharashtra v. Chandraprakash Kambal (2020)
The Indian Supreme Court upheld a life sentence for a convicted child abuser, emphasizing the need for harsher punishment.
Additionally, the bill redefines “serious offenses” under the Juvenile Justice Act to include crimes with a maximum sentence of more than seven years, regardless of the minimum sentence. This change aims to provide clearer guidelines for handling such offenses and improve the interpretation of the law
Previously the Juvenile justice act had a dual system where more serious offences more than 7 years imprisonment what treated in the child Court and less serious of answers at less than 7 year of punishment what treated in general criminal courts. Now the new amendments had changed this too , all the offences regardless of their severity will be treated in children’s Court that will be more focusing on their rehabilitation. This change aims to ensure that all juvenile offenders are dealt with in a specialized court that is better equipped to handle their cases, focusing on rehabilitation and restorative justice rather than punishment alone. The Children’s Court is designed to provide a more child-friendly and supportive environment for juvenile offenders, with trained judges, prosecutors, and staff who understand the unique needs and challenges of young offenders.
Conclusion
The Juvenile Justice (Care and Protection of Children) Amendment Bill 2023 introduces critical reforms aimed at bolstering the juvenile justice framework in India. By empowering district magistrates and ensuring stringent qualifications for child welfare committee members, the bill seeks to enhance the efficiency and accountability of the system. The redefinition of serious offenses and the inclusion of robust grievance redressal mechanisms further strengthen the legal provisions for child protection. These amendments are designed to address existing shortcomings, ensuring that the juvenile justice system more effectively safeguards the rights and well-being of children across the country. The bill also strengthens the requirements for members of Child Welfare Committees (CWCs). It mandates that members must have a minimum of seven years of experience in child-related fields or hold relevant professional degrees. Furthermore, individuals with records of human rights violations or offenses involving moral turpitude are barred from serving on these committees, ensuring that only qualified and ethically sound individuals are involved in child welfare decisions. Overall, these amendments are designed to address existing gaps in the juvenile justice system, ensuring that it more effectively protects the rights and well-being of children. By enhancing the roles of key officials and establishing stricter criteria for committee members, the bill aims to create a more robust and responsive framework for juvenile Justice act.
Authored by Sukhman kapoor (UILS, Panjab University Chandigarh)
References :
[1] Ministry of women and child development https://wcd.nic.in [Last accessed on July 10,2024]
[2] Issue with the Juvenile Justice Amendment Act, 2021, Drishti IAS [Last accessed on July 12,2024] https://www.drishtiias.com
[3] Sansad.in https://sansadin [Last accessed July 13, 2024]
[4] CARA Central Adoption Resource Authority https://cara.wcd.gov.in [Last accessed on July 13,2024]
