New rules for child welfare panel members.

Following the enactment of the Juvenile Justice Amendment Act, 2021, the Government of India recently notified the Juvenile Justice (Care and Protection Amendment) Model Amendment Rules, 2022.

The recently amended rules for implementing the Juvenile Justice Act, prohibit anyone associated with an organisation receiving foreign funds from serving on Child Welfare Committees.

The Act was introduced (by the Ministry of Women and Child Development) and passed in 2015 to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children) Act, 2000.
One of the Act’s main provisions is allowing the trial of juveniles in conflict with the law in the age group of 16-18 years as adults.
- Under the Act, juvenile offences are categorised as heinous (with a minimum or maximum sentence of 7 years), serious (with 3-7 years of imprisonment) and petty offences.
- According to the Act, juveniles charged with heinous crimes and between the ages of 16-18 years would be tried as adults and processed through the adult justice system.
- The nature of the crime and whether the juvenile should be tried as a minor or a child, was to be determined by a Juvenile Justice Board.
The second major provision is with regards to
- The Act streamlined adoption procedures for orphans, abandoned, and surrendered children, and the existing Central Adoption Resource Authority (CARA) has been made a statutory body to enable it to perform its function more effectively.
The State Government may, by notification, establish one or more Child Welfare Committees (CWC) for each district or group of districts to exercise the powers conferred under this Act.
- The Committee shall be composed of a chairperson and four other members, at least one of whom shall be a woman, and another a child expert.

The amendment has been based on a National Commission for Protection of Child Rights (NCPCR) report (2018-19) in which over 7,000 child care institutions (CCIs or children’s homes) were surveyed.
The report found that 1.5% of child care institutions (CCIs) do not conform to the rules and regulations of the JJ Act, and 29% of them had major shortcomings in their management.
It also found that not a single CCI in the country was 100% compliant with the provisions of the JJ Act.
The amendments:
- According to the amendment, District Magistrates (DMs), including Additional District Magistrates (ADMs), can now issue adoption orders under the JJ Act.
- This is to ensure faster case resolution and increased accountability.
- The new amendment prohibits the opening of any new CCI without the sanction of the DM.
- Now, DMs are now also responsible for ensuring that CCIs falling in their district are following all norms and procedures.
- The DM will also carry out background checks (including educational qualifications) of CWC members, who are usually social welfare activists, as there is no such provision currently.
- The Child Welfare Committees (CWCs) are also to report regularly to the DMs on their district activities.
- According to the Act, serious offences will also include offences for which the maximum punishment is more than seven years in prison and the minimum punishment is not prescribed or is less than seven years.

As per Section 27(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), Child Welfare Committees (CWCs) are to be constituted by the State Government by notification in the Official Gazette for every district, for exercising the powers and to discharge the duties conferred on such committees in relation to children in need of care and protection under the JJ Act, 2015.
The Committee shall consist of a chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.
It is a quasi-judicial agency and is the final authority on children in need of care and protection. It is an autonomous body.

Content Source: The Hindu