In a major move to enhance the care and protection provided to children across the country, the Union Ministry of Women and Child Development (WCD) has decided to repeal and re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000.
Massive overhaulElaborating on the massive overhaul being undertaken Union Minister WCD Maneka Sanjay Gandhi speaking to The Hindu said: “Over the last few years concerns regarding protection of children and implementation issues related to the legislative have arisen, which need to be addressed as a priority through strengthening of existing provision and introduction of new clauses in the Act.”
“Through the proposed changes we are looking at enabling faster adoption of children, foster care homes (with strict control by the Government), re-looking at heinous crimes committed by children, expanding the area of crimes committed against children (ragging/corporal punishment), proposed that malpractices in adoption be made a cognisable crime which will invite penalty and punishment and have taken a re-look at laws governing homes being run for children,” the Minister said.
A draft of the proposed JJ Bill, 2014 incorporating the suggestions already received during previous consultation has been prepared.
And a copy of the draft Bill has been placed on the website of the Ministry for suggestion/comments from the civil society and others who are encouraged to review the provision of the proposed Bill and send in their comments.
ShortcomingsThe Act has been amended earlier on two occasions in 2006 and 2011.
Stating that discussions with various stakeholders have brought to the forefront several shortcomings within the existing Act, the Minister added: “There is a rise in the number of complaints about abuse of children in institutions, families, care and rehabilitation homes and communities.
“Also there is an acute delay in various processes under the Act including decision by Child Welfare Committees and Juvenile Justice Boards leading to high pendency of cases and delayed adoption, etc. We have observed that there is an inadequacy in provisions to deal with offences against children and provisions related to juveniles in conflict with law, in the age group of 16-18 years.’’
Key areasExplaining that the key areas of concern include streamlining the Central Adoption Resource Authority and ensuring shorter institutional stay for children awaiting adoption besides bringing in heavy penalty for children homes operating without registration and reporting abuse, Ms. Gandhi said: “We are re-looking at heinous crimes being committed by children wherein the case will be directed to the JJ Board which will decide if the child has to be tried by the Board or regular court.”
“The entire exercise is aimed at ensuring that every child enjoys his rights, stays protected and cared for without facing harassment or abuse and is swiftly and productively re-integrated into the society in case he is found to be in conflict with the law,” noted the Minister.
