News Analysis India

Tag: juvenile justice act

  • Juvenile directed to be tried as adult in a case can seek benefit of provisions of JJ Act: Bombay HC 

    By PTI

    MUMBAI: Merely because a juvenile is directed to be tried as an adult in a case does not mean he or she can be denied the benefit of provisions of the Juvenile Justice (Care and Protection of Children) Act, the Bombay High Court said while granting bail to a youngster in a murder case.

    A single bench of Justice Bharati Dangre on October 21 granted bail to a youngster arrested in 2020 by Borivali police for murder.

    The accused was 17 years old at the time of the offence.

    The accused sought bail under section 12 of the Juvenile Justice Act, which states that any child in conflict with law ought to be released on bail notwithstanding any provision of the Code of Criminal Procedure and placed under the supervision of a probation officer or any family member.

    The accused approached the high court after a special children’s court rejected his bail plea on the ground that the Juvenile Justice Board had directed him to be tried as an adult in the case and hence, he could not seek the benefit of provisions of the Juvenile Justice Act.

    The high court, however, refused to accept this and noted that though the accused had been ordered to be tried as an adult, he was still a juvenile.

    “Merely because he is directed to be tried as an adult, he cannot be denied the benefit of section 12 of the Juvenile Justice Act,” Justice Dangre said.

    “The Juvenile Justice Act focuses on a principle of presumption of innocence and on the principle of best interest as well as principle of repatriation and restoration, by virtue of which, the applicant, who is a juvenile, has a right to be reunited with his family at the earliest and to be restored in the same socio-economic and cultural status that he was in,” the order said.

    The high court in its order noted that the Juvenile Justice Act was a beneficial piece of legislation with the objective of providing care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles.

    According to the prosecution, on March 12, 2020, the youngster along with his friend stabbed an acquaintance with whom they had a dispute.

    The police opposed his bail plea and argued that at the time of the commission of offence, the accused was 17 years, 11 months and 24 days old and was mentally mature to understand the consequences of his action.

    Justice Dangre also relied on the report submitted by the youth’s probation officer who said that this was the first time the accused was involved in a criminal act and that he was under the influence of narcotic substances at the time.

    The report further stated that the accused was attending counselling and his father was ready to take his custody and ensure his well-being.

    “The report of the probation officer has recorded that the child in conflict with law (accused youth) has committed the offence under the influence of a drug and in a fit of anger and he had no intention to kill the victim, but his intention was only to beat him,” the high court said in its order.

    The youngster had studied till Class 10 and was working to earn money, it added.

    “The probation officer report also reveals that at present he (accused) was learning carpentry work. He is also attending counselling sessions. The remark of the probation officer is that the overall behaviour of the child is noticed to be good,” the order said.

    The court ordered for the youngster to be released on bail on a personal bond of Rs 25,000 and ordered him to report to the probation officer once every two months.

    MUMBAI: Merely because a juvenile is directed to be tried as an adult in a case does not mean he or she can be denied the benefit of provisions of the Juvenile Justice (Care and Protection of Children) Act, the Bombay High Court said while granting bail to a youngster in a murder case.

    A single bench of Justice Bharati Dangre on October 21 granted bail to a youngster arrested in 2020 by Borivali police for murder.

    The accused was 17 years old at the time of the offence.

    The accused sought bail under section 12 of the Juvenile Justice Act, which states that any child in conflict with law ought to be released on bail notwithstanding any provision of the Code of Criminal Procedure and placed under the supervision of a probation officer or any family member.

    The accused approached the high court after a special children’s court rejected his bail plea on the ground that the Juvenile Justice Board had directed him to be tried as an adult in the case and hence, he could not seek the benefit of provisions of the Juvenile Justice Act.

    The high court, however, refused to accept this and noted that though the accused had been ordered to be tried as an adult, he was still a juvenile.

    “Merely because he is directed to be tried as an adult, he cannot be denied the benefit of section 12 of the Juvenile Justice Act,” Justice Dangre said.

    “The Juvenile Justice Act focuses on a principle of presumption of innocence and on the principle of best interest as well as principle of repatriation and restoration, by virtue of which, the applicant, who is a juvenile, has a right to be reunited with his family at the earliest and to be restored in the same socio-economic and cultural status that he was in,” the order said.

    The high court in its order noted that the Juvenile Justice Act was a beneficial piece of legislation with the objective of providing care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles.

    According to the prosecution, on March 12, 2020, the youngster along with his friend stabbed an acquaintance with whom they had a dispute.

    The police opposed his bail plea and argued that at the time of the commission of offence, the accused was 17 years, 11 months and 24 days old and was mentally mature to understand the consequences of his action.

    Justice Dangre also relied on the report submitted by the youth’s probation officer who said that this was the first time the accused was involved in a criminal act and that he was under the influence of narcotic substances at the time.

    The report further stated that the accused was attending counselling and his father was ready to take his custody and ensure his well-being.

    “The report of the probation officer has recorded that the child in conflict with law (accused youth) has committed the offence under the influence of a drug and in a fit of anger and he had no intention to kill the victim, but his intention was only to beat him,” the high court said in its order.

    The youngster had studied till Class 10 and was working to earn money, it added.

    “The probation officer report also reveals that at present he (accused) was learning carpentry work. He is also attending counselling sessions. The remark of the probation officer is that the overall behaviour of the child is noticed to be good,” the order said.

    The court ordered for the youngster to be released on bail on a personal bond of Rs 25,000 and ordered him to report to the probation officer once every two months.

  • More transparent, less bureaucratic: Parliament panel bats for uniform legislation on adoption

    By PTI

    NEW DELHI: A Parliamentary panel on Monday said there was a need to harmonise the Hindu Adoptions and Maintenance Act and the Juvenile Justice Act and bring out a uniform and comprehensive legislation on adoption which is more transparent, accountable, less bureaucratic and applicable to all irrespective of religion to make the process easier and less cumbersome.

    In its report on “review of Guardianship and Adoption Laws”, the standing committee on Law and Personnel said the Hindu Adoptions and Maintenance Act (HAMA) and Juvenile Justice Act have their own virtues and shortcomings.

    “While the adoption procedure laid down under HAMA is simple and takes less time as compared to that stipulated in JJ Act, adoptions made under JJ Act are transparent, accountable and verifiable,” it said.

    However, the Committee also noted that the Adoption Regulations framed under Juvenile Justice Act provide for an elaborate and time-consuming adoption procedure beset with inordinate delays.

    “In view of the above, the Committee feels that there is a need to harmonise both the laws and bring out a Uniform and comprehensive legislation on adoption which is more transparent, accountable, verifiable, less bureaucratic and applicable to all irrespective of religion in order to make adoptions more easy and less cumbersome,” it recommended.

    The new law may prescribe separate adoption procedures for institutionalized children and children living with family, it said.

    “As regards adoption by relatives, the adoption process should be more flexible and simplified and involve less documentation. The Committee feels that the new legislation should cover LGBTQ community,” the panel headed by BJP leader Sushil Modi said.

    NEW DELHI: A Parliamentary panel on Monday said there was a need to harmonise the Hindu Adoptions and Maintenance Act and the Juvenile Justice Act and bring out a uniform and comprehensive legislation on adoption which is more transparent, accountable, less bureaucratic and applicable to all irrespective of religion to make the process easier and less cumbersome.

    In its report on “review of Guardianship and Adoption Laws”, the standing committee on Law and Personnel said the Hindu Adoptions and Maintenance Act (HAMA) and Juvenile Justice Act have their own virtues and shortcomings.

    “While the adoption procedure laid down under HAMA is simple and takes less time as compared to that stipulated in JJ Act, adoptions made under JJ Act are transparent, accountable and verifiable,” it said.

    However, the Committee also noted that the Adoption Regulations framed under Juvenile Justice Act provide for an elaborate and time-consuming adoption procedure beset with inordinate delays.

    “In view of the above, the Committee feels that there is a need to harmonise both the laws and bring out a Uniform and comprehensive legislation on adoption which is more transparent, accountable, verifiable, less bureaucratic and applicable to all irrespective of religion in order to make adoptions more easy and less cumbersome,” it recommended.

    The new law may prescribe separate adoption procedures for institutionalized children and children living with family, it said.

    “As regards adoption by relatives, the adoption process should be more flexible and simplified and involve less documentation. The Committee feels that the new legislation should cover LGBTQ community,” the panel headed by BJP leader Sushil Modi said.

  • Adoption through DMs: Centre seeks feedback on Juvenile Justice Act amendments

    By Express News Service

    NEW DELHI:  Three months after the Rajya Sabha passed a bill proposing amendments in the Juvenile Justice Act to allow district magistrates instead of civil or family courts to approve adoptions, the Centre has sought public feedback on the bill. 

    A key provision in the bill is also to grant registration to a shelter home after the DM’s recommendation. 

    In a public notice, the Union women and child development ministry has now said that the stakeholders can send their suggestions for the amendments to Juvenile Justice (Care and Protection of Children) model rules, 2016 by November 11.

    The suggested clauses include authorising DMs and  ADMs to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of cases and enhance accountability, while proposing to empower them to implement the Act for the benefit of children in distressed conditions. 

    As per the amended provisions of the Act, any child care institution will be registered after considering the recommendation of the DM who will independently evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units and shelter homes.

    Sources in the WCD ministry said that with high pendency high in civil and family courts, it is not easy to get a date for hearing which often leads to adoption pleas being pushed to the backburner.

    The public notice came days after a group of 250 prospective adoptive parents and adoptive parents wrote to WCD minister Smriti Irani, seeking reforms in the adoption norms so that the process becomes faster and transparent.

    The parents who reached out to the ministry through an advocacy group, Adoption Action Group, included resident Indians and NRIs.

  • Centre mulling changes in law to make adoption of kids by NRIs easier

    By Express News Service

    NEW DELHI: The Centre is set to make crucial changes in the Hindu Adoption and Maintenance Act that will make adoption of kids outside India by the NRIs easier, in line with the recent reforms it has brought to ease domestic and foreign adoptions.

    The norms earlier mandated monitoring of kids adopted under the Act for at least two years which meant that even NRIs who adopted kids here had to stay in the country during this period.

    Under the latest changes, the government has decided to do away with the norm of mandating adoptive parents to stay in India after adopting a child while also allowing the Central Adoption Resource Agency to issue NOCs in such cases, which as of now, are to be issued only by courts.

    Sources in the Union women and child development ministry said that a notification in this regard is set to be issued in a day or two.

    Adoption in India, as of now, is governed under the Juvenile Justice Act and personal law, and under the HAMA, Hindus, Buddhists, Jains, and Sikhs are permitted to adopt kids.

    Sources said that the modification was necessitated as there was a gap between this Act and the Hague Convention, the international treaty for inter-country adoption, of which India is a member.

    Once the new norms are implemented, the NRIs will be able to take the kids to their country of residence by giving just two weeks’ notice and the process of verification will also start simultaneously in that country.

    Importantly, monitoring of the children to assess how they are coping in their new home will be carried out by the Indian Mission in those countries.

    “Adoptive parents, however, will have to furnish all the details including the address to the diplomatic mission, and will need to strictly follow the instructions for the safety of the child,” another official explained.

    The move comes shortly after the Union government modified the JJ act to give the district magistrate final authority on adoption.

    In India, 2,160 kids were adopted in 2020-21 including in-country and inter-country adoptions as per the government data but there have been concerns that economic slowdown over the past year, as well as high casualties during the Covid wave, would mean more children in need of adoptive families.

  • Juvenile Justice Act ‘inadequate’, gives ‘free hand’ to delinquents to commit heinous offences, says MP HC

    By PTI
    INDORE: Denying bail to a boy, who is accused of raping a girl, the Indore bench of the Madhya Pradesh High Court has termed the Juvenile Justice Act as “totally inadequate and ill-equipped” to deal with such cases, and asked how many more Nirbhayas’ (rape victims’) sacrifices are required to shake the “conscious” of the country’s lawmakers.

    It also said that this Act gives a “free hand” to the delinquents under the age of 16 years to commit heinous offences.

    The bench of Justice Subodh Abhyankar made the observations while denying bail to the minor accused while hearing the case on June 15.

    The court order was posted on June 25, a government panel lawyer Poorva Mahajan said on Friday.

    “As a parting note, this court is also at pains to observe that the Legislature has still not learnt any lesson from the Nirbhaya case of Delhi. As the age of a child is still kept below 16 years in heinous offences under section 15 of the Juvenile Justice (Care and Protection of Children) Act 2015, giving a free hand to the delinquents under the age of 16 years to commit heinous offences,” the court said.

    Thus, apparently, despite committing a heinous offence, the petitioner would be tried as a juvenile only, because he is less than 16 years old as provided under section 15 of the Act, the court added.

    “Apparently, the present law to deal with such cases is totally inadequate and ill-equipped and this court really wonders as to how many more Nirbhayas’ sacrifices would be required to shake the conscious of the lawmakers of this country,” the court said in the judgement.

    The conduct of the petitioner clearly reveals that he committed this offence with full consciousness and it cannot be said that it was committed in ignorance, it said.

    “This court is unable to agree with the observation made by the probationary officer that an offence of rape can be committed due to ignorance. An offence of rape, being carnal in nature, cannot be committed unless a person has the specific knowledge of the same.

    “In such circumstances, in the considered opinion of this court, if the petitioner is again left to the care of his parents, considering their earlier negligence to harness him, it cannot be said that the girls of tender age around him would be safe and secure, especially when he is enjoying the protection of Juvenile Justice Act. Thus, his release, in the considered opinion of this court, would defeat the ends of justice,” the order said.

    Opposing the plea, Mahajan pointed out that rape cannot be considered as a “negligent act” as it requires all kind of knowledge and the person, even if a minor, cannot just commit it just out of ignorance.

    ” “Moreover, no one can commit such a heinous crime twice in ignorance as the accused had done it and the same was pointed out by the victim in her statement to the cops,” she said.

    The offence had been committed twice by the accused against the victim in January this year in Jhabua district of Madhya Pradesh.

    The counsel for the petitioner (accused), however, has submitted that the lower courts have erred in not allowing the petitioner’s application filed under section 12 of the Act, and not releasing him on bail.

  • Himachal: Aged couple arrested after video showing them beating mentally sick granddaughter goes viral

    By PTI
    SHIMLA: An elderly couple were arrested in Kullu district in Himachal Pradesh after a video purportedly showing them beating their young mentally sick granddaughter went viral on social media, police said on Monday.

    Jamna Dass, alias Magru Ram, and his wife Hemdasi were arrested after an FIR was registered against them under relevant sections of the Indian Penal Code and the Juvenile Justice (Care and Protection of Children) Act at Kullu police station, Kullu Superintendent of Police Gaurav Singh said.

    The FIR was lodged based on a complaint by the couple’s younger daughter-in-law who shot the video as an evidence.

    The SP said the complainant stated that her father-in-law and mother-in-law used to beat her mentally sick young niece every now and then.

      When she tried to stop them from doing so, they even threatened her, the complainant said, adding that she shot the video as evidence.

    The SP said that after committing the offence, both the accused ran away and hid in the house of another person from where they were arrested.

  • Bill to amend juvenile justice law introduced in Lok Sabha

    By PTI
    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.

    Shashi Tharoor (Cong) 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 the child welfare committee, background and educational qualification checks will be included.

  • District collectors to be final authority on adoptions soon

    Express News Service
    NEW DELHI: The Union Cabinet chaired by Prime Minister Narendra Modi on Wednesday approved a key change in the Juvenile Justice (Care and Protection of Children) Act, 2015 that authorises the district collectors/magistrates to approve adoptions.

    The decision is likely to speed up famously slow in-country adoption in India which often means that hundreds of prospective parents have to wait for years to adopt orphaned and abandoned kids in the want of families.

    As of now, prospective adoptive parents are required to go to civil or family courts to get the final go-ahead after completing all other formalities related to adoption.

    However, with pendency high in civil and family courts, it is not easy to get a date for the hearing, said officials in the Central Adoption Resource Agency under the Union women and child development ministry.

    Government figures show that 2,160 adoptions took place in India in 2020-21 but officials pointed out that about 1,000 adoption cases are pending in civil and family courts at any given time.

    “Though the JJ law mandates that courts have to dispose of adoption cases within two months from the date of filing of the application, that rarely happens,” said an official. “The latest amendment will clear these major hindrances in the way of children reaching their adoptive families.”

    As per the norms, the orphaned and abandoned children are required to be declared legally free for adoption within 2 months in case of a child up to the age of two years and within 4 months in case of a child above the age of two years, after following the due procedure.

    Further, the surrendered children are required to be declared legally free for adoption after 2 months, called reconsideration period, from the date of surrender of the child. However seldom does a child find a  home soon within being free for adoption.

    Meanwhile, under the amendments approved on Wednesday, district collectors have been further empowered under the JJ Act, to ensure its smooth implementation, as well as garner synergized efforts in favour of children in distress conditions, said a statement by the WCD ministry.

    Defining eligibility parameters for the appointment of child welfare committee members, and categorizing previously undefined offences as “serious offence” are some of the other aspects of the proposal.

    The amended act also says that district collectors along with additional district collectors/magistrates will monitor the functions of the agencies implementing JJ Act in every district and offences where the maximum sentence is more than 7 years but no minimum sentence is prescribed or a minimum sentence of fewer than 7 years is provided will be treated as serious offences under the JJ Act.

  • DMs, ADMs to monitor agencies implementing Juvenile Justice Act in every district: Smriti Irani

    By ANI
    NEW DELHI: The Union Cabinet on Wednesday gave approval for bringing amendments to the Juvenile Justice Care and Protection of Children Act, 2015 in which it is proposed that DMs, ADMs will monitor the functioning of agencies implementing the JJ Act in every district.

    Addressing a press conference here, Women and Child Development Minister Smriti Irani said, “Prime Minister Narendra Modi has accepted the proposal to bring amendments in the Juvenile Justice Care and Protection of Children Act 2015. Now, District Magistrate (DMs) along with the Additional District Magistrate (ADMs) will monitor the functions of the agencies implementing the Juvenile Justice (JJ) Act in every district.”

    Irani said with amendments in place, Child Protection Unit of districts will function under DM.

    ALSO READ: Watching porn on internet? Uttar Pradesh Police hire company to ‘keep an eye’ on people’s search data

    “DMs can independently evaluate the Child Welfare Committee, Specialised Juvenile Police Unit. DMs will check capacity and background of a Child Care Institute, after which they will be recommended for registration,” she added.

    According to an official release of the Union Cabinet, the amendments include authorising District Magistrate along with Additional District Magistrate to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of cases and enhance accountability.

    The District Magistrates have been further empowered under the Act to ensure its smooth implementation, as well as garner synergized efforts in favour of children in distress conditions.

    Defining eligibility parameters for the appointment of CWC members, and categorizing previously undefined offences as “serious offence” are some of the other aspects of the proposal.

    Several difficulties faced in the implementation of various provisions of the Act have also been addressed. (ANI)

  • Those using children for stone-pelting in J&K to now face strict punishment under JJA: Jitendra Singh

    By PTI
    NEW DELHI: Union Minister Jitendra Singh on Sunday emphasised the need for strict implementation of the Juvenile Justice Act in Jammu and Kashmir under which those using children for stone-pelting and other illegal activities will now face rigorous imprisonment of up to seven years.

    The minister said using or inducing children to stone pelting is not only a crime in the eyes of law but is also a crime against humanity.

    The Juvenile Justice Act (JJA) has now become applicable in the Union Territory of Jammu and Kashmir, following the abrogation of Article 370 and the erstwhile state becoming a Union Territory, a statement issued by the Personnel Ministry said.

    Singh, the Minister of State for Personnel, was on Sunday briefed about the law against using children as stone pelters, according to an official statement.

    ALSO READ | JeM planned terror attacks in Delhi; terrorists sourcing weapons from Bihar: DGP Dilbag Singh

    Use of children for illegal activities will invite rigorous imprisonment up to seven years and a fine of Rs 5 lakh, it said.

    Chairman of National Commission for Protection for Child Rights (NCPCR) Priyank Kanoongo met Singh and discussed the important issues concerning the rights of children in Jammu & Kashmir and Ladakh that had emerged from the analysis recently conducted by the NCPCR.

    Singh emphasised the need for strict implementation of the Juvenile Justice Act which now stands extended to the two UTs of J-K and Ladakh, the statement said.

    Kanoongo informed Singh that as per Section 83 (1) of the Juvenile Justice Act, 2015, any non-state, self-styled militant group or outfit declared as such by the central government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees.

    Section 83 (2) of the same Act states that any adult or an adult group uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees, he said.

    This, by implication, means that anyone responsible for inducing or using children in stone pelting or any other violent activity will face serious action under the law, the statement said.

    ALSO READ | Major terror plan averted in Jammu on Pulwama attack anniversary, four arrested

    Singh appreciated the NCPCR efforts for the protection of child rights in the country, including in the newly created Union Territories of Jammu & Kashmir and Ladakh.

    The minister is the Lok Sabha member from Jammu and Kashmir’s Udhampur constituency.

    Further, NCPCR chief Kanoongo discussed with Jitendra Singh the implications of the Protection of Children from Sexual Offences (POCSO) Act, 2012 which is also now applicable in Jammu & Kashmir and Ladakh.

    He also briefed the minister about various awareness workshops and programmes conducted by the NCPCR to sensitise the stakeholders in different districts of Jammu & Kashmir.