Cabinet clears changes to Juvenile Justice Act
NEW DELHI: The Union cabinet on Wednesday approved a raft of changes to the Juvenile Justice (Care and Protection of Children) Act, 2015, or JJ Act, and plans to introduce measures to strengthen the set-up to protect the interests of children.
The amendments, once approved by Parliament, will increase the role of district magistrates and empower them to undertake inspections of childcare institutions.
Union minister for women and child development Smriti Irani said the move would enhance the accountability of those involved in the process of safeguarding children’s interests. “The decisions have been taken keeping in mind the need to increase protection of children,” she said.
There have been reports of an increase in child abuse and trafficking during the Covid-19 lockdown. A substantial increase was noted in the number of distress calls received by 1098, the childcare helpline set up the ministry of women and child development, between March and August, a news report said.
The ministry implements a centrally sponsored Child Protection Services (CPS) Scheme for supporting children in distress conditions. Under CPS, financial assistance is provided to the states and Union territories, for, inter-alia, undertaking a situational analysis of children in difficult circumstances and for setting up and maintaining Child Care Institutes (CCIS) for providing rehabilitative services.
The primary responsibility of the execution of the JJ Act rests with the states/uts.
The amendments include authorizing district magistrates and additional district magistrates to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of pending adoption cases and enhance accountability.
District magistrates have been empowered under the Act, to ensure its smooth implementation, as well as put in place synergized efforts in favour of children in distress conditions, defining eligibility parameters for the appointment of child welfare committee members, and categorizing previously undefined offences as “serious offence.”
According to Swagata Raha, a legal researcher based in Bengaluru, district magistrates already have a significant role to play when it comes to monitoring the implementation of the JJ Act.
“It would be important to understand how they have dealt with those responsibilities, including holding review meetings and addressing grievances, and the challenges that have arisen before vesting them with additional responsibilities,” Raha said. “Prima facie, introduction of eligibility parameters for CWCS and clarifying undefined offences are necessary, but without looking at the actual amendments, it is hard to comment.”