A New Juvenile Justice Act is Coming ; Ministry Invites Comments

The demands for amendments to the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) (JJ Act) have been in the alley for a while now. The protest began in the wake of the brutal Delhi Gang-rape incident, wherein the juvenile who as described as the vilest of the accused, was awarded three year imprisonment, the maximum tenure prescribed under the JJ Act, in a correctional home. The protestors called for more stringent punishment to the offender. Further, the violence witnessed against juveniles has also arisen as an important issue to be addressed as a priority through strengthening of existing provisions and introduction of new clauses in the Act.In March, refusing to read down the provisions of Juvenile Justice Act to account for the mental and intellectual competence of a juvenile offender, a three Judge Bench of the Supreme Court comprising Chief Justice P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh refused to interfere with the age of juvenility in cases where juveniles are found guilty of heinous crimes, in a Public Interest Litigation (PIL) filed by Subramanian Swamy. It was held by the Court that the provisions of the Act are in compliance with the Constitutional directives and international conventions. The Court further observed that it was not obligatory for a sovereign nation to be commanded by the laws of foreign jurisdictions. The Court held that the classification of juveniles as a special class stood the test of Article 14, and stated that it should restrict itself to the legitimacy and not the inevitability of the laws.But S. Syed Ahmed, former chairman of Child Welfare Committee, a statutory body, said the aim of the Juvenile Justice Board is not to punish but reform offenders. “I can understand the agony and anguish of women victims of rape. At the same time, I expect them to understand the circumstances that lead to juveniles committing heinous crimes,” he said.“There is nothing wrong with the Juvenile Justice Act. If at all something has to be changed, it is the functioning of the correctional homes run by the government. At present, these homes are places where even petty offenders are groomed to become hardcore criminals. The government must and change this situation,” he suggested. The draft does exactly this. While the maximum punishment is still 3 years, it places the onus on authorities to decide the punishment in cases of specific offences, as well as provides a detailed structure for reforming and reintegration of the juvenile with the society.The Government of India is now contemplating amendments to the Act, constituting a review committee under the Ministry of Women and Child Development.The Ministry website talks about proposed amendments in the following areas:a) Increase in reported incidents of abuse of children in institutions, families and communities;b) Inadequate facilities, quality of care and rehabilitation measures in Homes;c) Delays in various processes under the Act, such as decisions by Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) leading to high pendency of cases;d) Delay in adoption process;e) Inadequate provisions to deal with offences against children;f) Provisions related to juveniles in conflict with law, in the age group of 16 to 18 years etc.The Draft JJ Act incorporates the principles of the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (1993) which was absent in the original Act.It provides for application of the act to(i) cases involving detention, prosecution or penalty of imprisonment;(ii) matters or processes relating to apprehension, production before court, disposal orders and restoration, and(iii) procedures and decisions related to adoption of children and rehabilitation and reintegration of children, in conflict with law or, as the case may be, in need of care and protection, under such other lawIt also defines an “abandoned child” as well as “aftercare”, unlike the present enactment. According to the draft, an “abandoned child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry. Further, “aftercare” means provision of support, financial or otherwise, to young adults, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left institutional care, to help them to join mainstream society. The draft also provides for a definition for “best interest of Child”, “Central Adoption Resource Authority”, “Chief Medical Officer”, “child friendly”, “child legally free for adoption”, “open shelter”, “Child Welfare Officer”, “corporal punishment” and many others required for effective implementation of the Act.Also, the word ‘juvenile’ is replaced in ‘child’ and the expression changed to child in conflict with law. The...

A New Juvenile Justice Act is Coming ; Ministry Invites Comments

Apoorva Mandhani

Tags