State child rights bodies decry amendment
New Delhi: The Delhi Comission for Protection of Child Rights held a session and discussion on the serious drawbacks of the Juvenile Justice Care and Protection Amendment Act 2021 at the Constitution Club of India in the presence of four state commissions for protection of child rights namely Goa, Punjab, Rajasthan and West Bengal. The event was also attended by Aam Admi Party MP Sanjay Singh, AAP MLA Atishi and notable human rights activist and lawyer Mrs Vrinda Grover.
In early July last year, the Parliament had passed the Juvenile Justice Care and Protection Amendment Act 2021 which reintroduces serious felony as cognisable and non-cognisable based on the duration of the crime. In this amendment, cognisable offence denotes crimes that are punishable for a period that anounts to more than three years but less than seven years and non-cognisable denotes that police cannot register a First Investigation Report without the permission of the district magistrate.
In the session, the diverse group of panelists highlighted how this flawed amendment will have a disastrous impact on the vulnerability of the children as lawbreakers will get a free run because of the newly tailored soft law which seems to be introduced specifically for them and shield the perpetrators. "The virtue of this amendment makes serious crimes like sale and procurement of children, using children for drug peddling, exploiting child labour, giving the children intoxicating drugs or liquor a non cognisable offence. Now even to register an FIR for these offences we'll have to run from pillar to post to trace a magistrate and make them understand our plight to file a complaint.", DCPCR Chairperson Anurag Kundu said.
It was also highlighted that dalits, muslims, tramsgenders and economically weaker sections as it would be difficult for them to go through the tedious process and bureaucracy to register a simple complaint. According to AAP MP Sanjay Singh, a private member bill has been moved by him in the Rajya Sabha in this regard.
Activist and lawyer Vrinda Grover emphasized that "The 2021 amendments are in defence of the letter and spirit of the JJ Act. The sole objective of the JJ Act js to ensure the best interest of the child. By designating offences punishable between three go seven years, these amendments depart from general law as codified under CrPC. This is going to have a very serious fallout as a strict mandate to file a case or to arrest the accused has been taken away. In my view, the reclassification of the whole system is violative of Articles 14 and 15 of the Constitution and would not withstand judicial scrutiny".
Members of the four state commissions for the protection of child rights also stressed upon the adverse impact it will have in the near future as Mrs Ananya Chakraborty, Chairperson for the West Bengal State Comission for Protection of Child Rights said, "If we allow this bill to be enforced then we will be answerable to our children and the future generation won't forgive us". Chairpersons for Protection of Child Rights of Goa, Punjab and Rajasthan also echoed her views.
Previously, Shiv Sena MP Priyanka Chatruvedi had also written to Union Minister Smriti Irani regarding this controversial amendment and asked her to rectify the changes or the innocent children will have to pay the price.
