Juvenile Justice (Care and Protection Amendment) Model Amendment Rules 2022
2022 SEP 19
Social Justice > Human Resources > Women and Child issues
- 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:
- 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: https://www.ilearncana.com/details/Juvenile-Justice-Act/3386
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.