PDF | The aim of this article is to look into the provisions of the newly amended Juvenile Justice Act. The central question which this article looks at whether the. BILL to amend the Juvenile Justice (Care and Protection of Children) Act, BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as. Juvenile Justice Board. 5. Placement of person, who cease to be a child during process of inquiry. 6. Placement of persons, who committed an offence .
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31st December, , and is hereby published for general (1) This Act may be called the Juvenile Justice (Care and Protection of Children). and Protection of Children) Act, (2 of ), the Central Government (1) This Act may be called the Juvenile Justice (Care and Protection of Children). changes, especially with reference to the new Juvenile Justice Act, , and would also serve . Juvenile Justice (Care and Protection of Children) Act,
Standing Committee Report. This page was last edited on 12 December , at BBC News. The opinions expressed herein are entirely those of the author s. Therefore, they may not have the competence to issue adoption orders. Also, district magistrates are trained to be administrators and perform functions of the government. The Indian Express.
It may be argued that empowering district magistrates to issue adoption orders may lead to further delay as they are already burdened with several responsibilities such as maintenance of law and order, land and revenue administration, disaster management, general administration, and implementation of several government schemes and programmes in a district. It has been noted that a district magistrate chairs about 75 committees which are spread across 23 departments. Appropriateness of empowering district magistrates to issue adoption orders.
Under the Act, adoption of a child is final once a court issues an adoption order.
As a result, the child becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are afforded to a biological child. The Bill amends this provision to empower the district magistrate to issue such adoption orders.
This raises a question on the appropriateness of vesting the power to issue adoption orders with the district magistrate instead of a civil court. Adoption of a child is a legal process which creates a permanent legal relationship between the child and adoptive parents. In doing so, the court is required to review documents presented to it, ensure necessary procedures have been complied with, and conduct an inquiry of the child and adoptive parents. This is done to ensure that the adoption is for the welfare of the child, and that due consideration is given to the wishes of the child.
It may be argued that determining whether the adoption is in the best interests of the child requires judicial training and competence. Also, district magistrates are trained to be administrators and perform functions of the government.
Therefore, they may not have the competence to issue adoption orders. Further, vesting of such core judicial functions with the district magistrate may raise concerns of separation of powers between the executive and the judiciary.
Note that, since the Juvenile Justice Care and Protection of Children Act, came into force, the power to issue adoption orders has rested with the courts. Similarly, in countries such as United Kingdom, Germany, France, and several states in the United States of America, adoption orders are issued only by the court.
Lok Sabha Unstarred Question No. United States of America governed by state specific laws: The Adoption and Children Act, ; Germany: The German Civil Code, ; France: The Napoleonic Code, This document is being furnished to you for your information.
The opinions expressed herein are entirely those of the author s. PRS makes every effort to use reliable and comprehensive information, but PRS does not represent that the contents of the report are accurate or complete.
PRS is an independent, not-for-profit group. This document has been prepared without regard to the objectives or opinions of those who may receive it.
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Aug 06, Highlights of the Bill The Juvenile Justice Care and Protection of Children Act, states that adoption of a child is final on the issuance of an adoption order by the court.
One of the accused in the Delhi gang rape was a few months younger than 18 years of age.
He was tried in a juvenile court. Demands for a reduction of the age of juveniles from 18 to 16 years were also turned down by the Supreme Court, when the Union of India stated that there is no proposal to reduce the age of a juvenile.
The Court asked the juvenile court to delay its verdict. In July , Minister of Women and Child Development , Maneka Gandhi said that they were preparing a new law which will allow year-olds to be tried as adult. She added that changing the law, which will allow them to be tried for murder and rape as adults, would scare them.
The new bill will allow minors in the age group of to be tried as adults if they commit heinous crimes. The crime will be examined by the Juvenile Justice Board to ascertain if the crime was committed as a 'child' or an 'adult'.
The bill will allow a Juvenile Justice Board, which would include psychologists and sociologists , to decide whether a juvenile criminal in the age group of 16—18 should be tried as an adult or not. 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.
One of the most criticized step in the new JJ Bill 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.
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 Now Government to working on an amendment to sure such errors.
The bill now stands Passed in Rajya-Sabha on Tuesday 22 December , after the Nirbhaya case accused juvenile was released. During the debate in the Lok Sabha in May , Shashi Tharoor , an INC Member the Parliament MP , argued that the law was in contradiction with international standards and that most children who break the law come from poor and illiterate families.
He said that they should be educated instead of being punished. Child Rights Activists and Women Rights Activists have called the bill a regressive step and have criticized the Bill. Many experts and activists viewed post December Delhi Gang Rape responses as creation of media sensationalisation of the issue, and cautioned against any regressive move to disturb the momentum of Juvenile Justice Legislation in the Country.
However some sections in the society felt that in view of terrorism and other serious offences, Juvenile Justice Act of needed to be amended to include punitive approaches in the existing Juvenile Justice Law, which so far is purely rehabilitative and reformative.
Some argued that there is no need of tampering with Juvenile Justice Act for putting up effective deterrent against terrorism. Retired Judge of Delhi High Court, Justice RS Sodhi on 8 August told Hindustan Times, "We are a civilised nation and if we become barbaric by twisting our own laws, then the enemy will succeed in destroying our social structure.
We should not allow that but we must condemn this move of sending children to fight their war". From Wikipedia, the free encyclopedia. Juvenile Justice Care and Protection of Children Act An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.
In force Juvenile Justice Care and Protection of Children Act, has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity.
As notified at Learning the Law , Last accessed on 27 July Retrieved 10 May Retrieved 15 January