The Union Cabinet, chaired by the Prime Minister, Narendra Modi on Wednesday approved the proposal of the Ministry of Women and Child Development to amend the Juvenile Justice (Care and Protection of Children) Act, 2015. The cabinet decision aims at introducing measures for strengthening the Child Protection set-up to ensure the best interest of children.
The amendments include authorizing District Magistrate including Additional District Magistrate to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of cases and enhance accountability. The District Magistrates have been further empowered under the Act, to ensure its smooth implementation, as well as garner synergized efforts in favour of children in distress conditions. Defining eligibility parameters for the appointment of CWC members, and categorizing previously undefined offences as ‘serious offence’ are some of the other aspects of the proposal. Several difficulties faced in the implementation of various provisions of the Act have also been addressed.
Addressing the media on the Cabinet decision, Women and Child Development Minister Smriti Irani while addressing the media on the decision said that the district magistrate and the additional district magistrate of every district will get the power to monitor functions of agencies responsible for the implementation of the Act.
With a view to ensure children’s interests remain protected, proposal to amend the JJ Act empowers District Magistrate (DM) including Addtl. DM to coordinate / monitor agencies responsible for effective implementation. This will lead to enhanced accountability among stakeholders. pic.twitter.com/aKTkojOvVK
— Smriti Z Irani (@smritiirani) February 17, 2021
The district child protection unit will also function under the district magistrate, she said.
Irani said till now there was no specific direction to carry out a background check of people who are to become members of the child welfare committees (CWC).
According to the amendments cleared by the Cabinet, before becoming a member of the CWC, background and educational qualification checks will be included, she noted.
Irani said earlier any organisation which wanted to run a child care institution would need to give its purpose to the state government.
In the proposed amendments, before registration of a CCI, the DM will conduct its capacity and background check and then submit the recommendations to the state government, she said.
The DM can independently evaluate a specialised CWC, juvenile police unit and registered institutions.
The scope of the Juvenile Justice Act has been expanded.
Child victims of trafficking and drug abuse and those abandoned by their guardians will be included in the definition of “child in need of care” and protection, she said.
At present, the Act has three categories of petty, serious and heinous crimes
“One more category will be included that offences where the sentence is more than seven years but no minimum sentence is prescribed or a minimum sentence of fewer than seven years is provided shall be treated as serious offences under the Act,” she said.
