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Juvenile Justice (Care and Protection Amendment) Model Amendment Rules 2022

2022 SEP 19

Preliminary   > Social Justice   >   Human Resources   >   Women and Child issues

In news:

  • The Juvenile Justice (Care and Protection Amendment) Model Amendment Rules 2022 were notified on September 1 and came into effect immediately.

Juvenile Justice (Care and Protection of Children) Act 2015:

  • Features:
    • A juvenile is defined as anyone who has not completed the age of 18 years.
    • It mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one-woman member each.
  • Offences committed by a juvenile are categorized into three:
    • 'Heinous offence' is offence with minimum punishment of seven years of imprisonment or more.
      • Juveniles between the ages of 16-18 years will be tried as adults for heinous offences.
    • 'Serious offence' are offences with three to seven years of imprisonment.
      • Any 16-18 years old, who commits a serious offence may be tried as an adult.
      • But this is only if he/she is detained after the age of 21 years.
    • 'Petty offence' is with a less than three-year imprisonment.
  • An entire chapter (Chapter IX) is devoted to deal with offenses against children.
  • Chapter VIII is devoted to the subject of adoption of children.
  • The Act was amended in 2021:

More on the rules:

  • The rules make several changes to aspects under the JJ Act including those that govern adoption, foster care, sponsorship, as well as modify eligibility criteria for Child Welfare Committees (CWCs).
  • The rules bar a person associated with an organisation receiving foreign funds to be a part of Child Welfare Committees tasked with giving necessary directions for care and protection of children who are abused, exploited, abandoned or orphaned.
  • Any person working in the implementation of the JJ Act in any NGO or organisation such that it causes conflict of interest will also be ineligible to be on a CWC.
  • It adds that those who have “any family member” or “close relation” working for an NGO will also be disqualified to be on a CWC.
  • Any person working in rescue and rehabilitation in the district, or a person representing someone running a child care institution or member of the Board or Trust of any NGO can also not be on a CWC.
  • Retired judicial officers have also been omitted from the category of persons who can be considered for appointment to a CWC.