Changes in Juvenile Justice Act - Daily Current Affair Article

References

Recently the cabinet has approved changes in the rules of the Juvenile Justice Act.

Introduction

  • Recently the cabinet has approved changes in the rules of Juvenile Justice Act-2015. This rule relates to children who have committed a crime in the eyes of the law and who need care and protection. A juvenile or child is a person who is under 18 years of age.
  • Under Section 82 of the Indian Penal Code (IPC), seven years is the minimum age when a person can be charged for a crime. The Juvenile-related Act is the Juvenile Justice Care and Protection of Children Act, 2000, which was amended in 2015. The recent amendment was based on the report of the National Commission for Protection of Child Rights.

Need for changes

  • Changes in 2015 focused on only one particular category, causing many problems. Within 1 year of the amendment, large-scale corruption and other problems started occurring in child care institutes.
  • Large-scale managerial problems were visible in about 30% of the institutions.
  • The report of the National Commission for Protection of Child Rights stated that there is no child care institute in the entire nation that can meet the standards of Juvenile Justice.
  • 1.5% of the institutions are following no rules.
  • Many child care institutions were taking advantage of funding, not being registered under Juvenile Justice Care.
  • An increase in juvenile crimes has also been observed in the last 10 years, including crimes like rape and murder.

Changes in Juvenile Justice Act

  • For the first time, a serious crime has been made out of the category of the heinous crime.
  • Juvenile shall be treated as an "adult" (over 18) in the event of committing a heinous crime.
  • Children in the age group of 16 to 18 will be treated like "Adults" in the case of drug-related crimes.
  • The District Magistrate has been given more powers after amendment. Now child care institutions will not open without the permission of the District Magistrate.
  • The District Magistrate is also empowered to supervise the various implementing agencies of the Juvenile Justice Act, in this task he can take the assistance of the ADM.
  • It has been made mandatory to check the criminal background, educational qualification, etc. of the members involved in CWC, and this work will be performed by the District Magistrate itself.
  • Adoption of children will be regulated and DM has been given powers for this.

Provisions related to the protection of children in India

Constitutional provisions -

  • Article 21 (a) - Provision for compulsory education in the age group of 6-14
  • Article 24 - It prohibits child labor in hazardous work till the age of 14
  • Article 39 (e) - It is the duty of the state to ensure that children of tender age are not misused due to economic disparity
  • Article 45 - It is the duty of the state to provide for the care of children in the age group of 0-6.
  • Article 51 (a) - The fundamental duty of parents is to ensure that their child receives education for the age group of 6 to 14.

National Children's Policy 2013

  • It defines a child as everyone less than 18 years of age.
  • It makes provisions against violence and exploitation to protect the right to life, survival, development (mental, physical, emotional, social, cultural, positive) education, health, and participation.
  • According to its principles, the interest of children should be the priority in all decisions affecting children.

Ministry of Women and Child Development - Overview of schemes for the welfare of children

National Commission for Protection of Child Rights -

  • It is a statutory body formed under the aegis of Child Rights Act 2005
  • It aims to ensure the protection of child rights and policies in accordance with the United Nations Convention on the Rights of the Child.

The conclusion

Children are the future of the country and many times indulge in crime due to economic and social inequality. In this situation, where on the one hand it is necessary to follow the existing laws, on the other hand, economic and social justice will have to be established at the earliest. Child care institutions also have to play an important role in this context.

General Studies Paper 2
  • Social Justice
  • Welfare schemes for the most sensitive sections of the population by the Center and States and the performance of these schemes; Mechanisms, laws, institutions, and bodies set up for the protection and betterment of these very sensitive sections.

Mains Question:-

  • Discuss the provisions of the Juvenile Justice Act in the welfare of children who are indulged in crime due to economic and social inequality?