Rajya Sabha on 22 December 2015 passed the Juvenile Justice (Care and Protection of Children) Bill, 2015. With this passage, the bill awaits the President’s nod to be qualified as an act as it was already passed by theLok Sabha on 7 May 2015.
Most importantly, the Bill permits juveniles between the ages of 16-18 years to be tried as adults for heinous offences.
Also, any 16-18 year old, who commits a lesser (serious) offence, may be tried as an adult only if he is apprehended after the age of 21 years.
The Bill replaces the Juvenile Justice (Care and Protection of Children) Act, 2000. It addresses children in conflict with law and children in need of care and protection.
Key features of the bill
• Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC)will be constituted in each district.
• The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult. The trial of the case will take place accordingly by the board which will consist of psychologists and social experts.
• The CWC will determine institutional care for children in need of care and protection.
• It proposed to streamline adoption procedures for orphaned, abandoned and surrendered children by making mandatory registration of all institutions engaged in providing child care.
• It also proposed several rehabilitation and social integration measures for institutional and non- institutional children. It provides for sponsorship and foster care as completely new measures.
• Eligibility of adoptive parents and the procedure for adoption have been included in the Bill.
• Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.
• The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult. The trial of the case will take place accordingly by the board which will consist of psychologists and social experts.
• The CWC will determine institutional care for children in need of care and protection.
• It proposed to streamline adoption procedures for orphaned, abandoned and surrendered children by making mandatory registration of all institutions engaged in providing child care.
• It also proposed several rehabilitation and social integration measures for institutional and non- institutional children. It provides for sponsorship and foster care as completely new measures.
• Eligibility of adoptive parents and the procedure for adoption have been included in the Bill.
• Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.
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