DWCD to offer inputs to Draft Juvenile Justice Rules
THE GOAN NETWORK
PANAJI
Directorate of Women and Child Development (DWCD) is gearing up to offer its inputs to the Draft Model Rules-2016 under the Juvenile Justice (Care and Protection of Children), Act-2015, which were released by the Union Minister for Women and Child Development Maneka Gandhi in New Delhi on Wednesday.
As per the Juvenile Justice Act-2015, state governments can either adopt or adapt the new model rules upon finalization, which will effectively repeal the Model Rules-2007.
Speaking to The Goan, Director of Women and Child Development Shilpa Shinde stated, “We are aware of the release of the new draft model rules, 2016 and we will begin reviewing the same shortly in order to offer our inputs before the last date.”
Various stakeholders including civil society organizations, NGOs, individuals, state governments and central government ministries have also been called upon to review and comment on the proposed rules.
It was informed that a copy of the Draft Model Rules, 2016 has been made available on the ministry’s website and the draft will remain open for suggestions and comments for a period of 15 days from the time of its release, till 6 pm on June 9.
The stakeholders can email their comments in not more than five A4 size pages at [email protected].
The Rules originate from the rhetoric of rehabilitation, reformation and reintegration of children into society.
Key features include special provisions for children between the age group of 16 to 18 years who commit heinous offences, inclusion of new offences committed against children and granting statutory status to the Central Adoption Resource Authority (CARA) facilitating a simplified adoption process.
The renewed list of offences against children includes sale of children, corporal punishment in childcare institutions, forcing children to become child soldiers and giving underage persons alcohol, drugs and tobacco products.
One of the main clauses included in the Rules stems from the Nirbhaya case of 2012 and upon finalization, would allow 16 to 18 year-olds to be tried for murder and rape as adults. Till date, such offenders were tried by the Juvenile Justice Board and conviction entailed admittance to a correctional home for three years.
Police can no longer register an FIR against underage persons for minor offences and an FIR can be registered only if the offence attracts imprisonment of more than seven years or is committed along with an adult.
In addition to this, the proposed rules have specified a time frame to ensure speedy trial for underage offenders while also requiring the age of the offender to be determined within 30 days of a petition seeking such verification.
