National Commission for Protection of Child Rights (NCPCR), in partnership with Manipur Commission for Protection of Child Rights (MCPCR), conducted a one-day workshop on Juvenile Justice Amended Act, 2021 and rules on Thursday at Manipur Press Club.
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 was introduced in the Parliament by the government during the budget session in 2021 and was passed in the monsoon session. After its passage from the Parliament, it was signed into Act by the President. The Act came into force on September 1, 2022.
During the inaugural session of the workshop, MCPCR chairperson Ph Manibabu Sharma said the population of youth in India is more than adults and hoped that after 30 years the numbers will increase and be dominated by youth. On the other hand child conflict with law or child in care and protection are also increasing in various cases, particularly under NDPS cases, he lamented.
In such a scenario of changing the climax of offence, the amendment of the act is proper. The amendment of JJ Act especially focuses on the right to life and having a far-sighted future and if required it can be amended, he said.
He said that there is a report of improper functioning of observation homes and JJ Board due to lack of infrastructure and manpower in 2019, even though there is enough administration, an officer or principal magistrate being posted as in-charge is an issue to solve the case as soon as possible within the rules of the act.
He urged to look into the matter of pending cases of Juvenile Justice Board and Child Welfare Committee to solve it within period given by the Act.
The amendments authorise district magistrates and additional district magistrates to issue adoption orders under Section 61 of the JJ Act. As per the amended provisions of the Act, any child care institution will be registered only after considering the recommendations of the District Magistrate.
Regarding adoption, director of the Social Welfare Department, Ng Uttam said that while dealing with the issue of adoption of a child, if there is any sign of misuse of the child in the name of guardian or taking advantage of the image in society, there is a provision of adoption of child. Foster care can turn into adoption if there is an adoption sponsorship scheme, he said.
Sometimes, there is psychological affect or trauma to a child while staying at a children's home and in such cases, adoption facilities should be provided, he said.
During the technical session, Legal Division head of NCPCR, Harsha Garg spoke on overview of new JJ Amended Act, 2021 and Rules. Assistant professor of department of Law, Manipur University, Sapam Dilip spoke on the dilemma of implementing section 15: preliminary assessment for children in conflict with law, psychological and mental health consideration in the assessment expert’s assessment, grant of bail to juvenile in conflict with law, right to bail under section 12 of JJ Act, permissible grounds for refusal of bail, criteria for refusal.
Fast Track Special Court (No 1) judge Salam Imocha spoke on fair and speedy inquiry under the JJ Act. He interacted with the participants in connection with the JJ Act.
The judge suggested recruiting separate personnel for the Juvenile Police Unit to train them for JJ Act section-oriented attitude and mental salute. Most of the time, personnel who are in the juvenile police unit have a mindset of investigating the culprit, the judge said.
Legal counsel of MCPCR, Th Rajkishore spoke on changes brought by JJ Amended Act, 2021 and rules.
The workshop was attended by MCPCR members, CWC volunteers from different districts, and JJB members.
ALSO READ: 'Register juvenile case of NDPS under Juvenile Justice Act'
