Author : HASHIM AK, BBA LLB (Hons) Student, Government Law College Kozhikode

Abstract

The recent amendments to the Juvenile Justice Act, 2015[i] has brought many changes and concerns. This article dives into the major amendments and it’s concerns critically. The historical background of the Indian Juvenile Justice System is analysed to understand the recent amendments. The amendments not only affects the Indian Juvenile justice system but also affects the social democratic atmosphere of India.

Introduction

The Juvenile Justice Act is an important law in India that deals young offenders, prioritizing their rehabilitation and reform over punishment. In 2021, the Juvenile Justice (Care and Protection of Children) Act was amended to bring in significant changes, aiming to strengthen the system and better address the needs of children in conflict with the law. As time passes, the juvenile landscape will undergo major changes. There will be an essentiality to address these changes to create an efficient juvenile justice system in India.

Historical Background

The Children’s Act, 1960[ii] was introduced in India to safeguard the rights and well-being of child offenders. Observation homes and specialized educational programs were introduced through this statute. This Act was succeeded by the Juvenile Justice Act, 1986[iii] which marked a significant changes, emphasizing a more child-focused approach to address the juvenile justice issues in India.

The Juvenile Justice (Care and Protection of Children) Act, 2000[iv] replaced the Juvenile Justice Act, 1986. Juvenile justice boards, child welfare committees, and adoption agencies were introduced through this statute. It also mandated the formation of special homes, observation homes, and foster care systems for the care and protection of children.

The Juvenile Justice (Care and Protection of Children) Act, 2015[v], replaced the 2000 statute. It is the current and primary legal framework for Indian juvenile justice system. It provides for safeguarding, nurturing, and supporting children in need of protection. Dedicated juvenile police units were introduced through this statute.

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021[vi] was presented in Parliament during the budget session, aiming to enhance child protection measures and streamline adoption processes. It was passed by the Lok Sabha on March 24, 2021, and by the Rajya Sabha on July 28, 2021. The bill was officially published in the Gazette on August 9, 2021. However, the Central Government has not yet implemented the legislation[vii].

Key Amendments

• The amendment creates a new category termed “serious crimes” separate from the existing “petty crimes” and “heinous crimes” to limit the number of minors tried as adults in most situations.
• For a juvenile to be prosecuted as an adult for a heinous crime, the offense must have both a maximum penalty of seven years or more and a minimum sentence of seven years.
• Crimes against children outlined in the “Other Offences Against Children” chapter of the JJ Act, 2015, which carry prison terms of three to seven years, will now be classified as non-cognisable offence.
• The District Magistrates and the additional District Magistrates in every district will get the power to monitor the functions of agencies responsible for the implementation of the Act, including the functioning of the district child protection unit.
• The amendment empowers DMs and ADMs to authorise orders of adoption (previously it was the Juvenile Justice Board that issued the adoption orders) and proposes that appeals on the orders of adoption are referred to a Divisional Commissioner.
• The Act also makes a DM the grievance redress authority for the child welfare committees, and anyone connected with a child may file a petition before the official for passage of appropriate orders.
• Registration of any Child Care Institution will require approval based on the District Magistrate’s recommendations. The District Magistrate will also conduct an independent assessment of the operations of District Child Protection Units, Child Welfare Committees (CWCs), Juvenile Justice Boards, Specialized Juvenile Police Units, Child Care Institutions, and similar bodies.
•  The District Magistrate will also conduct background verification of Child Welfare Committee members, who are often social welfare activists. This includes reviewing their educational qualifications, as there is currently no mechanism to determine if a member has been involved in cases related to the abuse of a girl child.
• The criteria for selecting Child Welfare Committee (CWC) members have been revised. New grounds for disqualifying CWC members have also been established to ensure that only individuals with the necessary skills, competence, and integrity are appointed to serve on the committee.

Concerns

• Offenses against children are likely to rise in the coming years because of the new regulation that classifies such crimes as non-cognizable. This means law enforcement cannot arrest the accused without a warrant or initiate an investigation without judicial approval.
• Classifying these offenses as non-cognizable, alongside other serious crimes under special legislation, will further complicate the process of reporting such incidents to the police.
• The delay in the adoption procedure, leads to children not being admitted to school due to the unavailability of documents.
• Victims often cannot report crimes directly due to power imbalances, so most such cases are brought to the police by parents, child rights organizations, or child welfare committees (CWCs). Many parents are either unaware of how to file a police complaint or face challenges in doing so. In most instances, the CWCs tend to prioritize resolving the matter through dialogue rather than escalating it to law enforcement.
• Specific training in child protection rules is needed as district magistrates usually are not trained or equipped to deal with these specific laws.

Conclusion

Children who engage in criminal behavior are not just offenders but also victims of a flawed society. It is essential to take meaningful steps to offer corrective measures and support to young offenders. The recent amendments to the Juvenile Justice Act reflect a shift in India’s approach in balancing the need for accountability with the imperative of rehabilitation. While these changes address some of the concerns, they also present challenges in terms of implementation and consistency with international standards. It is important to ensure that the juvenile justice system remains focused on the best interests of the child, while also addressing the concerns of society at large.

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[i] Juvenile Justice (Care and Protection of Children) Act, 2015

[ii] Children’s Act, 1960

[iii] Juvenile Justice Act, 1986

[iv] Juvenile Justice (Care and Protection of Children) Act, 2000

[v] Juvenile Justice (Care and Protection of Children) Act, 2015

[vi] Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021

[vii] Juvenile Justice (Care and Protection of Children) Amendment Act, 2021