The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021

The Juvenile Justice (Care and Protection of Children) Amendment Act amends the Juvenile Justice (Care and Protection of Children) Act, 2015. It seeks to introduce measures for strengthening the child protection setup.

Key Changes made by the Act: Serious Offences: It states that an offence which is punishable with imprisonment between three to seven years will be non-cognizable (arrest cannot be made without warrant). Earlier, it was a cognizable offence.

  • Adoption: In case of adoption of a child by the prospective parents in India as well as abroad, the District Magistrate will issue an adoption order. Earlier it was done by a Civil Court.
  • Appeals: The Act provides that any person aggrieved by an adoption order passed by the District Magistrate may file an appeal before the Divisional Commissioner, within 30 days from the date of passage of such order. Such appeals should be disposed within four weeks from the date of filing of the appeal.
  • Additional Functions of the District Magistrate: These include: (i) supervising the District Child Protection Unit, and (ii) conducting a quarterly review of the functioning of the Child Welfare Committee.
  • Designated Court: It proposes that all offences under the Act be tried in children’s court. Earlier, only offences punishable with imprisonment of a term more than seven years were tried in Children’s court.
  • Child Welfare Committees (CWCs): It specifies certain additional criteria for the appointment of members in these committees.

A person will not eligible to be a member of the CWC if he/she:

  • has any record of violation of human rights or child rights,
  • has been convicted of an offence involving moral turpitude
  • has been removed or dismissedfrom service of the government
  • is part of the management of achild care institution in a district