Bill to amend juvenile justice law introduced in Lok Sabha

New Delhi: A bill to amend the Juvenile Justice (Care and Protection of Children) Act, 2015, which seeks to increase the role of district magistrates and additional district magistrates, was introduced in the Lok Sabha on Monday.

Congress MP Shashi Tharoor opposed the bill at the introduction stage but Women and Child Development Minister Smriti Irani rejected the points raised by him.

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 was later introduced by a voice vote.

As per the Cabinet decision, in every district, the district magistrate and the additional district magistrate will get the power to monitor functions of agencies responsible for the implementation of the Act.

The district child protection unit will also function under the district magistrate.

According to amendments cleared by the Cabinet last month, before becoming a member of a child welfare committee, background and educational qualification checks will be included.

The amendment to the bill intends to empower district magistrates and additional district magistrates to authorise orders of adoption, propose that appeals on the orders of adoption may be referred to the divisional commissioner, and to strengthen child welfare committees by incorporating provisions relating to educational qualifications for the members and stipulating eligibility conditions for selection of the committee.

The bill seeks to categorise offences wherein the maximum sentence is more than seven years' imprisonment but no minimum sentence or a minimum sentence of less than seven years has been provided as "serious offences" under the Juvenile Justice Act, and to remove difficulties in interpretation of the Act.

"Serious offences" includes offences for which the punishment under the Indian Penal Code or any other law for the time being is imprisonment between three and seven years.

The bill intends to ensure that the district magistrate is suitably placed to ensure effective coordination among the stakeholders for facilitation of necessary services for children's rehabilitation or re-integration.