Juvenile Justice Act amendment: Delhi rights panels, three others urge Centre to roll back changes
The child rights commissions of West Bengal, Rajasthan and Punjab joined the DCPCR on Wednesday at a conference, appealing to the Centre to not notify the date of enforcement without restoring the cognisability of the offences.
Child rights panels of three states joined the Delhi Commission for the Protection of Child Rights (DCPCR) on Wednesday, appealing to the Union government to roll back an amendment in the Juvenile Justice Act that makes certain offences against children non-cognisable.
In 2021, the Juvenile Justice (Care and Protection of Children) Act-2015 was amended through Presidential assent. Among the amendments is a change in Section 86 (2) of the 2015 Act that says: “When an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then such an offence shall be cognisable, non-bailable and triable by a Magistrate of First class.” With the amendment, the offences of the said category shall be “non-cognisable and non-bailable”.
The date of enforcement of the amendment, however, has not been notified yet.
The child rights commissions of West Bengal, Rajasthan and Punjab joined the DCPCR on Wednesday at a conference, appealing to the Centre to not notify the date of enforcement without restoring the cognisability of the offences.
“With this amendment, if I go to the police station to register a complaint, the police will refer me to a magistrate for permission. Navigating a judicial magistrate is difficult without an advocate. Most advocates will charge money,” said DCPCR chairperson Anurag Kundu.
According to lawyer Vrinda Grover, who delivered the keynote address at the conference, “this move is contrary to patterns established by the current government in law making”.
“When you look at the way this government has been approaching all such issues, it has been to constantly raise punishment, enhance sentences. This is actually almost like a counter current that is flowing whether it is even with respect to juveniles. If an individual in the 16-18 age bracket does a heinous offence, then put them in the adult system,” she said.
Aam Aadmi Party Rajya Sabha MP Sanjay Singh stated that he is attempting to introduce a Private Member’s Bill in Parliament to restore the older version of the section in the amended Act.
The chairpersons of state child rights panels — Sangeeta Beniwal (Rajasthan) and Ananya Chakraborti (West Bengal) — gave their consent to the proposal.