NCPCR & JUVENILE JUSTICE ACT

NCPCR & JUVENILE JUSTICE ACT

Subject: National Organisations

Context: NCPCR urges states to share info on children orphaned due to COVID-19.

Concept:

National Commission for Protection of Child Rights

• NCPCR is a statutory body set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005.
• It is under the administrative control of the Ministry of Women & Child Development.
• The Commission’s mandate is to ensure that all laws, policies, programmes, and administrative mechanisms are in consonance with the child rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
• It inquires into complaints relating to a child’s right to free and compulsory education under the Right to Education Act, 2009.
• It monitors the implementation of Protection of Children from Sexual Offences (POCSO) Act, 2012.

Juvenile Justice (Care and Protection of Children) Act, 2015

• The Juvenile Justice (Care and Protection of Children) Act, 2015 replaced the Juvenile Justice (Care and Protection of Children) Act, 2000.
• The Act changes the nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’. Also, it removes the negative connotation associated with the word “juvenile”.
• It also includes several new and clear definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children.
• Includes special provisions to tackle child offenders committing heinous offences in the age group of 16-18 years.
• It mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
• A separate new chapter on Adoption to streamline adoption procedures for an orphan, abandoned and surrendered children.
• Also, the Central Adoption Resource Authority (CARA) was granted the status of a statutory body to enable it to perform its function more effectively.
• The Act states that the adoption of a child is final on the issuance of an adoption order by the court. Currently, there are 629 adoption cases pending in various courts.
• All Child Care Institutions, whether run by State Government or by voluntary or non-governmental organisations are to be mandatorily registered under the Act within 6 months from the date of commencement of the Act.
• Recently, the Lok Sabha passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 that seeks to strengthen and streamline the provisions for protection and adoption of children.
• The Bill amends the Juvenile Justice (Care and Protection of Children) Act, 2015 and contains provisions related to children in conflict with law and children in need of care and protection.