Adoption made easy, nod to amend Juvenile Justice Act

18 February 2021

The Union Cabinet today approved landmark amendments to the Juvenile Justice (Care and Protection of Children) Act, 2015, to allow district magistrates and additional district magistrates to pass adoption orders ending the existing challenge of legal hurdles to adoptions.

Women and Child Development Minister Smriti Irani flagged the amendments which seek to make childcare institutions and child welfare committee members and chiefs accountable, besides ensuring that district magistrates have the power to monitor child shelter homes to ensure child safety.

At present, childcare institutions need to state their intent to get permission from state governments to set up homes. But after new amendments, the permission would be subject to reports submitted by district magistrates who will do antecedent checks. Also, eligibility will be fixed for CWC members.

The most important amendment relates to the DM and ADM being allowed to issue adoption orders to fast track the process.

Former CEO of the Central Adoption Resource Agency Lt Col Deepak Kumar, who was involved in drafting the amendments, said: “At present, the family court, district court or a city civil court is competent to pass the adoption order under Section 61 of the Act. However, large scale pendency in the court is observed despite the Act mandating decision within two months. This causes duress to adoptive parents and the child.”

New amendments further expand the definition of children in need of care and protection to include victims of trafficking and drug abuse.

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