Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India amidst intense controversy, debate, and protest on many of its provisions by Child Rights fraternity.[1] It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) (applicable to Hindus, Buddhists, Jains, and Sikhs) and the Guardians and Wards Act (1890) (applicable to Muslims), though not replacing them. The Act came into force from 15 January 2016.
It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members of Parliament. It was passed on 22 December 2015 by the Rajya Sabha. To streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively. A separate chapter on Adoption provides detailed provisions relating to adoption and punishments for non compliance. Processes have been streamlined with timelines for both in-country and inter-country adoption including declaring a child legally free for adoption. This Act has further been amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 which have come into force from 1 September 2022.The bill will allow a Juvenile Justice Board, which would include psychologists and social workers, to decide whether a juvenile criminal in the age group of 16-18 should be treated as an adult or not. The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were missing in the previous act. The bill also seeks to make the adoption process of orphaned, abandoned and surrendered children more streamlined. The bill introduces foster care in India. Families will sign up for foster care and abandoned, orphaned children, or those in conflict with the law will be sent to them. Such families will be monitored and shall receive financial aid from the state. In adoption, disabled children and children who are physically and financially incapable will be given priority. Parents giving up their child for adoption will get 3 months to reconsider, compared to the earlier provision of 1 month. A person giving alcohol or drugs to a child shall be punished with 7 years imprison and/or ₹100,000 fine. Corporal punishment will be punishable by ₹50,000 or 3 years of imprisonment. A person selling a child will be fined with ₹100,000 and imprisoned for 5 years.One of the most criticized step in the new JJ Bill 2015 is introduction of "Judicial Waiver System" which allows treatment of juveniles, in certain conditions, in the adult criminal justice system and to punish them as adults. This is for the first time in India's history that such a provision has been prescribed. Given to the severe criticism, Bill was referred to a Standing Committee of Parliament which also rejected such provisions. Since recommendations of Parliament's Standing Committee are not binding, Government has moved ahead and introduced the Bill in Lok Sabha, where it stands passed. The bill is also criticized for prescribing an opaque Age Determination System and its poor draft. There are numerous drafting errors which have been coming to notice after the Bill has been rolled out for implementation on 15 January 2016. The government is working on an amendment to sure such errors. The bill now stands Passed in Rajya-Sabha on Tuesday 22 December 2015, after the Nirbhaya case accused juvenile was released. 2021 amendments As of July 2018, there were 629 adoption cases pending in various courts. In order to expedite adoption proceedings, the new amendment transfers the power to issue adoption orders to the district magistrate.in 2021, The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 was passed by the Parliament of India. The previous provisions state that adoption of a child is final on the issuance of an adoption order by the civil court. The new amendment provides that instead of the court, the district magistrate shall issue such adoption orders.As per the 2015 Act, offences committed by juveniles are categorised as heinous offences, serious offences, and petty offences. The new amendment adds that serious offences will also include non-heinous offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.
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