Paridhi Arya
Published on May 17, 2022 at 15:44 IST
The Delhi Commission for Protection of Child Rights (DCPCR) moved Supreme Court challenging the amendment of Juvenile Justice Act, 2015 as it categorised some of the Offences as Non-cognizable which took place against children.
Some offences categorised as Non-Cognizable are punished with seven years of Imprisonment the main defect is such Cases cannot be investigated directly by the Police until the Magistrate passed the Order to Probe.
These Amendments were not in operation although they have passed in the Parliament and President has also given assent to it.
The Petition of Delhi Commission for Protection of Child Rights stated “There are 29 Amendments carried out in the Juvenile Justice (Care and Protection of Children) Act, 2015 by the JJ (Amendment) Act, 2021.”
“Section 26 of the Amendment Act categorizes Offences with Imprisonment for a term of three years and above, but not more than seven years as Non-cognizable.”
These Offences include sale and procurement of children, employment of children for begging, use of children by militant groups, cruelty committed by staff of Child Care Institutions, giving drugs to children which were Serious Offences as contented by Delhi Commission for Protection of Child Rights it will put stress on children to Report Offences happened against them which will make them suffer trauma again.
“There is no reasonable justification or rational nexus sought to be achieved by reclassifying the Cognizable Offences as Non-cognizable Offences,” the Delhi Child Rights Panel said.
These Amendments violate Right to Equality under Article 14 and Right to Life under Article 21 of the Constitution of India.
Delhi Commission for Protection of Child Rights also wrote to Centre on April 8 protesting the Amendments but didn’t get any response. Rajasthan, Punjab, West Bengal and Chandigarh also supporting Delhi Commission for Protection of Child Rights so that these Amendments should be withdrawn by Centre.