The Pioneer Covered Prayas’ Advocacy on Reconsidering Amendments in Juvenile Justice Amendment Act 2021

The Pioneer Covered Prayas’ Advocacy on Reconsidering Amendments in Juvenile Justice Amendment Act 2021.

May 6, 2022; New Delhi

The Pioneer, Delhi Edition (Newspaper) has covered Mr Amod K Kanth's and Prayas' efforts in advocating thoughtful changes in the amended JJ Act.

Recently, our founder General Secretary, Mr. Amod Kanth, a former IPS officer and Ex. Chairman - DCPCR, had in varied consultations with the Ministry of Women and Child Development along with the other government & non-government stakeholders enunciated in specific and detailed recommendations, regarding amendments to be reconsidered, such as, section (86)2 of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021.

Giving detailed reasons, he brought to the kind notice of Secretary, Ministry of Women & Child Development in December of 2021 that the above section was retrogressive and having worked for years in child protection and care, he felt that it created a legal discrepancy which in turn diluted the commitment of the government towards children to protect them and safeguard their rights.

The key question which Mr. Kanth from his long service in law enforcement and Prayas JAC Society arose in the context to JJ system: Whether an offence could be non-cognizable and non bailable at the same time.

The non-cognizable offences, we could conclude that according to the CrPC & IPC, the nature of crimes not being serious, are considered for bail and are generally not considered for bail and are generally not considered non bailable. However, a Magistrate might take into consideration other factors which might lead to a bail being rejected. Section 2(1) of CrPC, as mentioned, refers to the offences that are not serious or usually petty in nature. For example, assault, cheating, forgery, defamation etc., and are usually bailable because of their non-serious in nature. There are some sections in JJ Act, 2015 such as /sections 84,85 and 86, being the crimes against children to protect them from extremely hazardous situations, should be taken into account with or without reference to the general provisions under the CrPC.

Writing to the Ministry of Women and Child Development’s Secretary in December of 2021, in a detail explained basis such an important question of law that arose and re-recommended that it goes against children's rights as it obstructs the pathway for the government and legal bodies to act based on any offence if it falls within 3-7 years. This is because as the section had clarified that a warrant was required for arresting an individual which in turn exposed the victim's/survivor's safety and tampering of/with evidence.

Mr. Kanth further added to the written submission that section 86 (2) is in contravention of IPC and CrPC as well as against object of criminal legislation. The deviation from the procedural laws of the country. Moreover, non-cognizable offences are of non-serious nature and are bailable. Considering the nature of offences under section 84 JJ Act which deals with a major offence like that of kidnapping and abduction, it ought not to be made non cognizable.

The newspaper clipping (May 6, 2022) is from The Pioneer- Pioneer News Service, covering Prayas JAC Society and Founder General Secretary, Mr Kanth's recommendations in brief which he wrote to Secretary, Ministry of Women & Child Development.

About Prayas JAC Society

Prayas JAC Society, a national level NGO, is operating in 10 states/UTs from Arunachal to Andamans, J&K being the latest. Working for 34 years, among others, in the areas of child rights and empowerment of marginalized children, youth and women. Prayas is working for child protection, care, development, rehabilitation and social reintegration and justice for estimated 35 million children in need of care and protection (CNCP).

For more info and reaching out to Mr. Amod K. Kanth. Please Contact:

Pawan Kumar, Media Manager

pawan@prayaschildren.org; 9311506910

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