Child rights bodies object to changes in JJ Act

With the amendment, the last part of the Section now states that such an offence shall be “non-cognizable and non-bailable”.

The date of enforcement of these amendments has not been notified yet.

In the letter sent to the Union Secretary of Women and Child Development on April 8, the commissions have listed the offences made non-cognisable: cruelty to child by Child Care Institution staff;
employment of child for begging; giving intoxicating liquor or narcotic drug or psychotropic substance to a child or using a child to vend, peddle, carry, supply or smuggle these; exploitation of a child employee; sale and procurement of children for any purpose; and use of children by militant groups or other adults for legal or illegal purposes.

“The effect of the amendment is that the bar under S. 155 CrPC applies as a non-cognizable offence is an offence in which the police officer cannot start an investigation or arrest without warrant,” they have stated.

They have stated that a delay in starting investigation “allows offenders time to influence evidence or thwart investigations”.

“Further, the vast majority of crime against children is committed against those children who are especially vulnerable by virtue of caste, class, religion and gender. Children living in poverty, and socially deprived are among the most likely to face abuse, and among the least likely to have the resources to pursue it. 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 disadvantage, this amounts to gross injustice towards those who need the protection the most,” states the letter.