Executive Summary:
The Juvenile Justice Care and Protection of Children Amendment Act, 2018, was introduced in Lok Sabha on August 6, 2018, to amend the Juvenile Justice Care and Protection of Children Act, 2015. The amendment aims to expedite the adoption process by empowering the District Magistrate to issue adoption orders, a task previously handled by the courts. This change addresses delays and ensures orphaned, abandoned, and surrendered children receive timely familial care and protection.
Key Points / Main Content:
Amendments to Chapter VIII of the Juvenile Justice Care and Protection of Children Act, 2015:
* Section 56(5): Replaces "valid order from the Court" with "valid order from the District Magistrate."
* Section 58(3): Replaces "in the court" with "before the District Magistrate."
* Section 58(4): Replaces "the receipt of a certified copy of the court order" with "receipt of the certified copy of the order passed by the District Magistrate."
* Section 59(7): Replaces "in the court" with "before the District Magistrate."
* Section 59(8): Replaces "the receipt of a certified copy of the court order" with "receipt of the certified copy of the order passed by the District Magistrate."
* Section 60(1): Replaces "an order from the court" with "an order from the District Magistrate."
* Section 61: Changes the marginal heading to "Procedure for disposal of adoption proceedings." and replaces "the court shall satisfy itself that" with "the District Magistrate shall satisfy that," and replaces "and the case shall be disposed of by the court" with "and the proceeding shall be disposed of by the District Magistrate."
* Section 63: Replaces "issued by the court" with "issued by the District Magistrate."
* Section 64: Replaces "concerned courts" with "District Magistrates."
* Section 65(4): Replaces "order from the court" with "order from the District Magistrate."
Transfer of Pending Proceedings:
* All proceedings pending before any court for adjudication under Chapter VIII of the Juvenile Justice Care and Protection of Children Act, 2015, will be transferred to the District Magistrate having jurisdiction over the area.
Impact Analysis:
District Magistrates:
* Impact: Empowered to issue adoption orders, manage adoption proceedings, and handle pending cases transferred from courts.
* Action Required: Prepare to manage the increased workload and ensure timely processing of adoption cases.
Courts:
* Impact: Relieved of the responsibility of issuing adoption orders and handling adoption proceedings under Chapter VIII of the Juvenile Justice Care and Protection of Children Act, 2015.
* Action Required: Transfer all pending adoption cases under Chapter VIII to the relevant District Magistrates.
Orphaned, Abandoned, and Surrendered Children:
* Impact: Potential for faster placement in families due to the streamlined adoption process.
* Action Required: None.
Child Care Institutions:
* Impact: Reduced time children spend in institutions while awaiting adoption orders.
* Action Required: Cooperate with District Magistrates to facilitate the adoption process.
Key Entities Referenced
Juvenile Justice Care and Protection of Children Act, 2015: A law in India providing a framework for the care and protection of children in conflict with the law and those in need of care and protection.
Juvenile Justice Care and Protection of Children Amendment Act, 2018: An amendment to the Juvenile Justice Care and Protection of Children Act, 2015.
Lok Sabha: The lower house of the Parliament of India, where the Bill was introduced.
Parliament: The legislative body of the Republic of India.
District Magistrate: An administrative officer in India, who, according to the amendment, will be empowered to issue adoption orders.
Convention on the Rights of the Child: An international human rights treaty that sets out the civil, political, economic, social, health and cultural rights of children.
Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption 1993: An international convention to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child.
MANEKA SANJAY GANDHI: The signatory of the document.
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LOK SABHA
————
The following Bill was introduced in Lok Sabha on 6th August, 2018:—
BILL NO.137 OF 2018
A Bill to amend the Juvenile Justice (Care and Protection of Children) Act, 2015.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Juvenile Justice (Care and Protection of Children) Short title and
Amendment Act, 2018. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
CHAPTER II
AMENDMENTS TO CHAPTER VIII OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)
ACT, 2015
Amendments 2. In the Juvenile Justice (Care and Protection of Children) Act, 2015, in 2 of 2016.
to Chapter CHAPTER VIII,—
VIII.
(i) in section 56, in sub-section (5), for the words "valid order from the Court",
the words "valid order from the District Magistrate" shall be substituted;
(ii) in section 58, —
(a) in sub-section (3), for the words "in the court", the words "before the
District Magistrate" shall be substituted;
(b) in sub-section (4), for the words "the receipt of a certified copy of the
court order", the words "receipt of the certified copy of the order passed by the
District Magistrate" shall be substituted;
(iii) in section 59,—
(a) in sub-section (7), for the words "in the court", the words "before the
District Magistrate" shall be substituted;
(b) in sub-section (8), for the words "the receipt of a certified copy of the
court order", the words "receipt of the certified copy of the order passed by the
District Magistrate" shall be substituted;
(iv) in section 60, in sub-section (1), for the words "an order from the court", the
words "an order from the District Magistrate" shall be substituted;
(v) in section 61,—
(a) for the marginal heading, the following marginal heading shall be
substituted, namely:—
"Procedure for disposal of adoption proceedings.";
(b) in sub-section (1), for the words "the court shall satisfy itself that", the
words "the District Magistrate shall satisfy that" shall be substituted;
(c) in sub-section (2), for the words "and the case shall be disposed of by
the court", the words "and the proceeding shall be disposed of by the District
Magistrate" shall be substituted;
(vi) in section 63, for the words "issued by the court", the words "issued by the
District Magistrate" shall be substituted;
(vii) in section 64, for the words "concerned courts", the words "District
Magistrates" shall be substituted;
(viii) in section 65, in sub-section (4), for the words "order from the court", the
words "order from the District Magistrate" shall be substituted.
CHAPTER III
MISCELLANEOUS
Transfer of 3. All the proceedings pending before any court for adjudication under Chapter VIII
pending of the Juvenile Justice (Care and Protection of Children) Act, 2015, before the commencement 2 of 2016.
matters under
of this Act, shall stand transferred to the District Magistrate having jurisdiction over the area
Chapter VIII of
the Juvenile to entertain such proceedings.
Justice (Care
and Protection
of Children)
Act, 2015 to
the District
Magistrate.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
STATEMENT OF OBJECTS AND REASONS
The Juvenile Justice (Care and Protection of Children) Act, 2015 (the Juvenile Justice
Act) has come into effect with effect from the 15th January, 2016, with comprehensive
provisions for the children alleged and found to be in conflict with law and children in need
of care and protection. The Juvenile Justice Act, has been enacted keeping in view of the
standards prescribed in the Convention on the Rights of the Child, the United Nations
Millennium Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the
Hague Convention on Protection of Children and Co-operation in respect of Inter-country
Adoption (1993) and other related international instruments.
2. Chapter VIII of the Juvenile Justice Act deals with adoption. Sub-section (1) of
section 56 of the Juvenile Justice Act provides that adoption shall be resorted to for ensuring
right to family for the orphan, abandoned and surrendered children, as per the provisions of
the said Act and the rules and regulations made thereunder. Section 63 of the Juvenile
Justice Act states that the adoption is final on the issuance of the adoption order by the
Court. Sub-section (2) of section 61 of the said Act provides that the adoption proceedings
shall be disposed of by the court within a period of two months from the date of filing of an
application.
3. However, it has been observed that there is inordinate delay in issuing adoption
orders by the courts due to heavy work load. As on 20th July, 2018 there are 629 cases
relating to passing of orders for adoption pending in various courts across the country.
Due to delay in issuing the adoption orders by the courts, the child continues to languish
in the child care institutions, even after getting a family.
4. In order to address the aforesaid issue and in the best interest of the child, it has
been decided to amend the Juvenile Justice Act to empower the 'District Magistrate' to
issue orders for the purpose of adoption. This would ensure timely processing of adoption
cases and to provide orphaned, abandoned and surrendered children with familial care and
protection.
5. Accordingly, the Juvenile Justice (Care and Protection of Children) Amendment
Bill, 2018, inter alia, proposes:—
(a) substituting the words "District Magistrate" for "court" and empowering
the District Magistrate to issue order for adoption under section 63 and proposes to
make consequential amendments in sections 56(5), 58(3), 58(4), 59(7), 59(8), 60(1),
61(1), 61(2), 64 and 65(4) of the Juvenile Justice Act; and
(b) transferring all the proceedings pending before any court relating to adoption
orders under Chapter VIII of the Juvenile Justice Act to the District Magistrate having
jurisdiction over the area to entertain such proceedings.
6. The Bill seeks to achieve the above objectives.
NEW DELHI; MANEKA SANJAY GANDHI.
The 27th July, 2018.
————
SNEHLATA SHRIVASTAVA
Secretary General
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—1473LS(S3)—08-08-2018.