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Tribune News Service
New Delhi, July 20
More than four years after its enactment, several states, including Punjab, Haryana and Delhi, are “yet to notify” state rules under the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides for strengthened provisions for children in need of care and protection and also in conflict with law.
However, till such time a state does not notify its own rules, Central rules and Act will apply, the government has specified response to questions on Friday in the Lok Sabha related to implementation of the Act and increase in child abuses cases in the country.
In a written response to whether all states have complied with the Centre’s directive of framing rules, Minister of Women and Child Development Smriti Irani said 10 states and UTs have framed and notified their own rules under the JJ Act. They include Bihar, Maharashtra, Tamil Nadu, West Bengal and Odisha. Five States and UTs, including Chandigarh, have adopted Central government rules and notified them.
Eight States, including Punjab, Haryana and Rajasthan have drafted rules under the Act but are yet to notify them. Whereas Haryana, according to the ministry, “has adopted the Centre JJ Model Rules, 2016 after approval of Chief Minister (Manohar Lal Khattar) but are yet to be notified”, Punjab has “prepared draft rules and these are pending before Legal Remembrance (LR) for vetting and further directions”
The 13 states which are still in the process of framing Rules under JJ Act include Delhi, HP, Uttrakhand, UP and Gujarat, it said in response to Tamil Nadu MP Thol Thirumaavalavan query regarding implementation of the Act.
Calling it “shocking” that about 21 states and Union Territories are yet to notify the rules, Thirumaavalavan urged the minister to “fix a timeframe for states.” To this Irani said “We are actively pursuing with states. But, be assured that the Central Act applies till such time the state does not notify its own rules.”
Anandpur Sahib MP Manish Tewari also raised the issue regarding pathetic condition of juvenile justice homes and suggested appointing a commission to look into the matter. “The difficulty is when young juveniles are remanded to these Juvenile Justice Homes or what is colloquially called as remand homes, come back as hardened criminals rather than being reformed,” he said.
Notably the law addresses children in conflict with law and also provides a comprehensive process for domestic and inter-country adoption of orphan, abandoned and surrendered children. Several rehabilitation and social reintegration measures have been provided, including the institutional care involving education, health, de-addiction, and counselling.
‘Central Rules apply’
Till such time, a state does not notify its own rules, Central rules and Act apply. — Smriti Irani, WCD Minister
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