Child rights panels urge Centre to roll back amendment to JJ Act
Delhi Commission for Protection of Child Rights chairperson Anurag Kundu said no response has been received so far
New Delhi: The child rights commissions of five states and union territories (UTs) have written to the Centre expressing concerns over the amendment to the Juvenile Justice Act or JJ Act, which made certain offences against children non-cognisable. They have demanded the restoration of cognisable status of serious offences.
Parliament in July last year passed the Juvenile Justice (Care and Protection of Children) Amendment Act 2021, which classifies serious offences as “cognisable” and “non-cognisable” on the basis of duration of punishment.
Serious offences refer to the ones punishable with imprisonment of over three years but under seven years. Non-cognisable offences mean police cannot register cases over them without the permission of magistrates.
The amendment has received the presidential nod and has been notified. But the date of commencement of the amended Act has not been issued.
In a joint letter to the women and child development ministry secretary, the child rights panels of Delhi, Punjab, Rajasthan, West Bengal and Chandigarh on April 8 listed the offences made non-cognisance’ under the amendment including employment of children for begging, which are punishable for under seven years.
The letter said delays in starting an investigation in such cases allow offenders time to influence evidence or thwart investigations. “Children who are vulnerable to pressure may not be able to provide coherent testimony as time goes by,” said the letter.
It added the majority of crimes against children are committed against those from the marginalised sections. “To obtain a magistrate’s assent for an investigation requires resources in terms of time, money, access to lawyers, and perseverance that disadvantaged children do not possess. Given their social and economic disadvantages, this amounts to gross injustice towards those who need the protection of Justice the most.”
The panels said if challenged, the amended law cannot survive the constitutional test. “Having carefully studied the provision, we hold that the decision to classify serious offences as ‘non cognisable’, in our understanding, is ultra-vires the constitution, and puts children’s life and liberty at risk.”
The commissions recommended the Centre table a bill in Parliament to restore cognisable status of the serious offences. “...the commissions shall be constrained to approach the high court /supreme court seeking compliance of the recommendations rendered therein,” the letter said.
Delhi Commission for Protection of Child Rights chairperson Anurag Kundu said no response has been received from the ministry so far. In February, Shiv Sena lawmaker Priyanka Chaturvedi wrote to women and child development minister Smriti Irani about the issue.
The ministry did not comment despite repeated requests