Amendments to the Juvenile Justice (Care and Protection of Children) Bill

Amendments to the Juvenile Justice (Care and Protection of Children) Bill

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the introduction of Amendment to the Juvenile Justice (Care and Protection of Children) Bill 2014. The amendments to the draft Bill strike a fine balance between the demands of the stakeholders asking for continued protection of rights of juveniles and the popular demand of citizens in the light of increasing incidence of heinous crimes by young boys. The amended version of the Bill is the result of an elaborate consultative process undertaken by the Ministry of Women and Child Development which included regional/ national consultations as well as consultations with state governments. The draft Bill was placed on the website for views of the public. The Ministry had received an unprecedented number of inputs/suggestions which have been duly taken into account while drafting the Bill.


The Ministry of Women and Child Development had introduced the Juvenile Justice (Care and Protection of Children) Bill 2014 in the Lok Sabha on 12th August 2014. This draft Bill sought to make more robust, effective and responsive the legislative framework for children in need of care and protection as well as children in conflict with law. Its provisions responded to the perceptions, articulated by a wide cross-section of society for the need to have an effective and strengthened system of administration of juvenile justice, care and protection.

The proposed legislation, which would replace the existing Juvenile Justice Act 2000, clearly defined and classified offences as petty, serious and heinous, and defined differentiated processes for each category. Keeping in view the increasing number of serious offences being committed by persons in the age group of 16-18 years and recognizing the rights of the victims as being equally important as the rights of juveniles, special provisions were proposed to tackle heinous offences committed by individuals in this age group.

The new proposed Act provides that in case a heinous crime has been committed by a person in the age group of 16-18 years it will be examined by the Juvenile Justice Board to assess if the crime was committed as a ‘child’ or as an ‘adult’. Since this assessment will take place by the Board which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected if he has committed the crime as a child. The trial of the case will accordingly take place as a juvenile or as an adult on the basis of this assessment. As per the Ministry of Women and Child Development, this unique instrument of a two-stage assessment/ trial brings about a balance that is sensitive to the rights of the child, protective of his legitimate interests and yet conscious of the need to deter crimes, especially brutal crimes against women. The proposed amendment further reinforces these principles through introduction of a new provision that disallows the protection from disqualification in cases where a juvenile is tried and convicted under the adult system.

The new legislation proposed to streamline adoption procedures for orphaned, abandoned and surrendered children. It establishes a statutory status for the Child Adoption Resources Authority (CARA). The legislation further proposed several rehabilitation and social integration measures for institutional and non-institutional children. It also provided for sponsorship and foster care as completely new measures. It provided for mandatory registration of all institutions engaged in providing child care. New offences including illegal adoption, corporal punishment in child care institutions, the use of children by militant groups, and offences against disabled children were also incorporated in the proposed legislation.

The Bill was referred to the Department related Parliamentary Standing Committee. In their report of 25th February 2015, the Committee made several recommendations to further strengthen the Bill. Most of the recommendations of the Committee have been accepted. Accordingly, the Ministry of Women and Child Development has proposed to undertake Amendment to the said Bill on the basis of the recommendations of the Committee.

The major amendments include removal of Clause 7 that relates to trial of a person above the age of 21 years as an adult for committing any serious or heinous offence when the person was between the ages of 16-18 years; enhancing the period of preliminary inquiry by the Juvenile Justice Board in case of heinous offences committed by children in the age group of 16-18 years; increasing the reconsideration period for surrender of children by parents or guardians; enhancing the period for inter-country adoption in case the child is not given for domestic adoption; assigning the role of designated authority to monitor the implementation of the Bill to the National Commission for Protection of Child Rights; and making the Central and State Governments responsible for spreading awareness on the provisions of the Bill.

On the basis of the approval of the Cabinet, an amendment to the Juvenile Justice (Care and Protection of Children) Bill 2014 will be introduced in the current session of Parliament. The new legislation, when enacted, will provide a robust mechanism not only to dealing with offences by Juveniles but establish a strong framework to provide care and protection to children and streamline the process of adoption.

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The Commercial Division and Commercial Appellate Division of High Courts and Commercial Bill, 2015

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved, while taking into consideration the Law Commission's recommendations, to introduce a Bill namely, "The Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015" in the current session of Parliament.

The salient features of the proposed Bill are as under:

(a) 'Commercial dispute' is defined broadly to mean dispute arising out of ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents; joint venture and partnership agreements; intellectual property rights; insurance and other areas.

(b) Commercial Divisions are to be set up in those High Courts which are already exercising ordinary original civil jurisdiction such as Delhi, Bombay, Calcutta, Madras, and Himachal Pradesh High Court. Commercial Divisions will exercise jurisdiction over all cases and applications relating to commercial disputes. The Commercial Division shall have territorial jurisdiction over such area on which it has original jurisdiction.

(c) Commercial Courts which will be equivalent to District Courts are to be set up in (i) The States and UTs where the High Courts do not have ordinary original civil jurisdiction, and (ii) In the States where the High Court has original jurisdiction, in respect of those regions to which the original jurisdiction of a High Court does not extend. The minimum pecuniary jurisdiction of such Commercial Courts and commercial division is proposed as Rs. One Crore.

(d) "Commercial Appellate Division" shall be set up in all the High Courts to hear appeal against (i) Orders of Commercial Division of High Court; and (ii) Orders of Commercial Courts.

(e) Commercial Divisions or Commercial Courts shall not have jurisdiction in matters relating to commercial dispute, where the jurisdiction of the civil court has been either expressly or impliedly barred under law.

(f) All pending suits and applications relating to commercial disputes involving a claim of Rupees One Crore in the High Courts and Civil Courts will be transferred to the relevant Commercial Division or Commercial Court as the case may be.

(g) It is proposed to have a streamlined procedure which is to be adopted for the conduct of cases in the Commercial Division and in the Commercial Court by amending the Code of Civil Procedure, 1908 so as to improve the efficiency and reduce delays in disposal of commercial cases. The amended CPC as applicable to the Commercial Divisions and Commercial Courts will prevail over the existing High Court Rules and other provisions of the CPC to the contrary.

The Government of India has under its consideration to provide a mechanism to ensure speedy disposal of high value 'commercial disputes'. The Law Commission, in its 253rd Report has recommended establishment of Commercial Courts, and Commercial Divisions and Commercial Appellate Divisions in the High Courts. The Finance Minister in his Budget Speech of 2015 had made a statement that for the quick resolution of commercial disputes, the Government proposes to set up exclusive commercial divisions in various courts in India based on the recommendations of the 253rd Report of the Law Commission.

The establishment of commercial courts in India is a stepping stone to bring about reform in the civil justice system.

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ILO Protocol to the Forced Labour Convention, 1930 and the Forced Labour (Supplementary Measures) Recommendation, 2013

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval for placing the new Instrument adopted by the International Labour Organization (ILO) - Protocol to the Forced Labour Convention (No. 29), 1930 supported by Forced Labour Recommendation, 2013 (No.-203) before Parliament.

The Protocol to the Forced Labour Convention, 1930 prescribes that each Member shall take effective measures to prevent and eliminate use of forced labour to provide protection to victims and access to appropriate and effective remedies such as compensation, and to sanction perpetrators of forced or compulsory labour. Each Member shall develop a national policy and plan of action for the effective and sustained suppression of forced or compulsory labour in consultation with employers' and workers' organizations, which shall involve systematic action by competent authorities.

The Recommendation on Supplementary Measures for the Effective Suppression of Forced Labour provides that Members should establish or strengthen national policies and plans of action with time-bound measures, using a gender and child-sensitive approach in consultation with employers, workers and competent authorities. It says that members should regularly collect, analyse and make available statistical data, disaggregated by relevant characteristics such as sex, age and nationality, on the nature and extent of forced or compulsory labour which would allow an assessment of progress made.

Background

The International Labour Conference of the ILO at its 103rd Session held in Geneva in May-June, 2014 adopted a new instrument in the form of a Protocol to the Forced Labour Convention, 1930 supported by the Forced Labour Recommendation, 2013.

ILO Conventions are international treaties, open for ratification by member countries. The ratification of an ILO Convention is a voluntary process. Once ratified, ILO Conventions create legally binding obligations on member countries. ILO Recommendations are not open to ratification but they are meant to provide guidance to national Governments on formulation and implementation of policy, legislation and practices. A Protocol is an instrument that partially modifies a Convention.

The Government of India has been proactive in taking measures for eliminating forced labour. The Ministry of Labour and Employment has initiated a Centrally Sponsored Scheme for rehabilitation of bonded labourer, to be equally contributed by the Centre and State Governments.

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Proposal to permit Reserve Bank of India to enter into Currency Swap Agreement with the central bank of Sri Lanka

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its ex-post-facto approval for entering into an agreement with the Central Bank of Sri Lanka for extending US$1.1 billion as a special /ad-hoc swap outside the Framework on Currency Swap Arrangement for SAARC Member Countries.

India has a Framework on Currency Swap Arrangement for SAARC Member Countries since 2012. The facility is available to all SAARC member countries with a floor of US $100 million and ceiling of US $ 400 million within overall limit of US$ 2 billion and is valid till November 14, 2015. RBI in their letter dated February 18, 2015 has proposed to make available US$400 million to Sri Lanka under this Framework and the remaining US$1.1 billion as a special/ad-hoc swap facility outside the Framework, but with the same terms and conditions, for 6 months against the request of the Central Bank of Sri Lanka.

This will help Sri Lanka in availing a safety net against the probable volatility of their currency and provide short-term liquidity that would contribute to Sri Lanka’s economic recovery. This will also strengthen India’s bilateral relations and economic ties with Sri Lanka.

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Agreement between India and Jordan on maritime transport

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval for signing of a shipping agreement between India and Jordan.

Recognizing the significant mutual benefit that can be derived from cooperation in the area of shipping between the two countries, it has been decided to sign the agreement with a view to strengthening cooperation and to provide sustained mutual assistance and advice on merchant shipping and other related maritime matters.

Signing of the Agreement will help both countries in encouraging and facilitating development of their maritime relationship and cooperation in the task of enhancing and stimulating steady growth of maritime traffic. The agreement will also help in exchange and training of staff and students from various maritime establishments, exchange of information necessary for accelerating and facilitating flow of commercial goods at sea and at ports, establishment of joint ventures in maritime transportation, shipbuilding and repairs, maritime training, information technology, including development of simulators, port facilities and related activities.

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Approval to introduce the Negotiable Instruments (Amendment) Bill, 2015 in Parliament

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the proposal to introduce the Negotiable Instruments (Amendment) Bill, 2015 in Parliament. The amendments are focused on clarifying jurisdiction related issues for filing cases of offence committed under Section 138 the Negotiable Instruments Act,1881 (NI Act).

The main amendment included in this is the stipulation that the offence of rejection/return of cheque u/s 138 of NI Act will be enquired into and tried only by a Court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment is situated.

Section 138 of the NI Act deals with the offence pertaining to dishonour of cheque for insufficiency, etc., of funds in the drawer’s account on which the cheque is drawn for the discharge of any legally enforceable debt or other liability. Section 138 provides for penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque. The object of the NI Act is to encourage the usage of the cheque and enhancing the credibility of the instrument so that normal business transactions and settlement of liabilities could be ensured.

The clarification of jurisdictional issues may be desirable from the equity point of view as this would be in the interests of the complainant and would also ensure a fair trial.

The clarity on jurisdictional issue for trying cases of cheque bouncing would increase the credibility of the cheque as a financial instrument. This would help trade and commerce in general and allow lending institutions, including banks, to continue to extend financing to the economy, without the apprehension of the loan default on account of bouncing of a cheque.

Action will be initiated to introduce the Negotiable instruments (Amendment) Bill, 2015 in Parliament in the second phase of the current Session of Parliament.

Background

Various financial institutions and industry associations have expressed difficulties, arising out of the recent legal interpretation of the place of jurisdiction for filing cases under Section 138 to be the place of drawers’ bank by the Supreme Court. To address the difficulties faced by the payee or the lender of the money in filing the case under Section 138 of the NI Act, because of which, large number of cases were stuck, the jurisdiction for offence under Section 138 has been clearly defined. The Bill provides for filing of cases only by a court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment, is situated. Further, where a complaint has been filed against the drawer of a cheque in the court having jurisdiction under the new scheme of jurisdiction, all subsequent complaints arising out of Section 138 against the same drawer shall be filed before the same court, irrespective of whether those cheques were presented for payment within the territorial jurisdiction of that court. Further, it has been provided that if more than one prosecution is filed against the same drawer of cheques before different courts, when this fact is brought to the notice of the court, the court shall transfer the case to the court having jurisdiction as per the new scheme of jurisdiction.