Stakeholders flay proposed Juvenile Justice Bill 2014

The stakeholders at a discussion on re-enacted Juvenile Justice (Care and Protection of Children) Bill 2014, opposed the proposal on Child Welfare Committee (CWC) in each district being chaired by the Deputy Commissioner.

Speaking at the consultation meeting on the Bill organised by the Padi, Campaign Against Child Labour - Karnataka (CACL-K) here on Tuesday, UNICEF Consultant and Rector of Shanthi Sandesha Resources and Development Centre Sr Dulcine said that in the JJ Act 2000, the CWC had five members wherein all come from civil society and representatives of NGOs.

However, the new Bill proposes to introduce bureaucrats in the committee with Deputy Commissioner as Chairman and DHO as its member along with representatives of NGOs.

The proposal should not be accepted as it would be impossible for the DC to concentrate on the care and protection of children with his hectic schedule.

At the same time, Juvenile Justice Board and CWC is a judicial body under the Act. The term of the committee is fixed for three years.

If the DC is transferred, then who will chair the CWC? she asked.

An interim body at the district-level to review the meeting once in three months chaired by a retired judge needs to be constitited.

The Bill does not speak on the children who are victims of child marriages.

In a move aimed at protecting children in educational institutions, the government in its Bill has for the first time proposed to define corporal punishment, and has made it a criminal offence under law.

Offence like corporal punishment has been included in the JJ Bill, 2014. For corporal punishment, a six months jail term has been proposed.

Though the Bill has removed the word ‘juvenille,’ it has retained the word for those in the age group of 16 to 18 years. There is a need to define the word, she added.

As per the Bill, the perpetrators of offences against child needs to be dealt in the special court and the child will be dealt by the CWC.

So far, there was confusion over who will try the perpetrators of the crime.

The amendments in the Bill enables faster adoption of children, foster care homes, relook at heinous crimes committed by children, expanding the area of crimes committed against children, proposed that malpractices in adoption be made a crime which will invite penalty and punishment.

The Bill also accelerates the process of registration of child care institutions unlike the JJ Act 2000, wherein the registration process was delayed by three to four years.

As per the draft bill, the registration process has to be completed within six months.

Padi Childline Director Renni D'Souza said that the copy of draft Bill has been placed on the website of the Ministry of Women and Child Welfare has invited suggestion/comments from the civil society and others who are encouraged to review the provision of the proposed Bill and send in their comments.

The last date for submitting suggestions is July 3. The Bill is likely to be tabled in the Parliament on July 17.

In a major move to enhance the care and protection provided to children across the country, the Union Ministry of Women and Child Development has decided to repeal and re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000.

Over the last few years, concerns regarding protection of children have arisen, which needs to be addressed as a priority, Renni D'Souza added.

Advocate Dinesh Ulepady was present.