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Lok Sabha Passes Bill To Amend Juvenile Justice Act; Empower District Magistrates To Authorise Adoption Orders

first_imgNews UpdatesLok Sabha Passes Bill To Amend Juvenile Justice Act; Empower District Magistrates To Authorise Adoption Orders Akshita Saxena24 March 2021 7:24 AMShare This – xThe Lok Sabha on Wednesday passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021. The Bill inter alia, seeks to re-define the category of “serious offences” under the Juvenile Justice (Care and Protection of Children) Act, 2015 and further, empower the District Magistrates to pass adoption orders. It was introduced in the House by the Minister of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Lok Sabha on Wednesday passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021. The Bill inter alia, seeks to re-define the category of “serious offences” under the Juvenile Justice (Care and Protection of Children) Act, 2015 and further, empower the District Magistrates to pass adoption orders. It was introduced in the House by the Minister of Women and Child Development, Ms. Smriti Zubin Irani, purportedly to “strengthen the child protection setup under the 2015 Act”. Salient Features Re-defines Serious offences Section 2(54) of the JJ Act provides that a serious offence is one for which the punishment under prescribed is between 3-7 years. Such offences are to be disposed of by the Board, by following the procedure for trial in summons cases under the CrPC. In Shilpa Mittal v. State of NCT of Delhi, the Supreme Court observed that the Juvenile Justice Act does not deal with the fourth category of offences viz., offence where the maximum sentence is more than seven years imprisonment, but no minimum sentence, or minimum sentence of less than seven years is provided and treated the same as “serious offences” under the Act. It had asked the Law Ministry and the Home Ministry to ensure that the issue raised in this judgment about the 4th Category of offences is addressed by the Parliament as early as possible. To give effect to the above recommendation, the Bill proposes to redefine ‘serious offences’ to include such offences for which the punishment is: minimum imprisonment for a term of 3-7 years; maximum imprisonment for a term more than 7 years but no minimum imprisonment or minimum imprisonment of less than 7 years. Classification of offences and designated Courts The Bill proposes to amend Section 86 of the Act to the effect that offences punishable with imprisonment between 3-7 years shall be non-cognizable and non-bailable. (At present, such offences are cognizable (where arrest is allowed without warrant) and non-bailable). The Bill also proposes that notwithstanding anything contained in CrPC or the POCSO Act, or the Child Rights Act, offences under the JJ Act shall be triable by the Children’s Court. Presently, only such offences that are punishable with imprisonment for more than 7 years are triable by the Children’s Court. Other offences (punishable with imprisonment less than 7 years) are triable by Judicial Magistrate. Adoption Section 58 of the JJ Act prescribes the procedure for adoption of children by prospective adoptive parents. The procedure involves a seal of approval by the Civil Court, which passes the final adoption order. The Bill provides that instead of the court, the District Magistrate (including Additional District Magistrate) will issue such adoption orders, both for intra-country and inter-country adoptions. The Union Minister said, “It was observed that there is significant delay in finalisation of adoption cases in Courts. Besides, these adoption cases are non-adversarial in nature and to be dealt according to well laid out process. Hence, it is proposed to culminate the adoption process at the level of District Magistrate in the District.” Appeals Section 101(3)(b) of the JJ Act provides that there will be no appeal for any order made by a Child Welfare Committee finding that a person is not a child in need of care and protection. The Bill proposes to omit this provision. The Bill further proposes to insert sub-sections 6 and 7 under Section 101 of the Act. The proposed provisions provide that any person aggrieved by an adoption order passed by the District Magistrate may file an appeal before the Divisional Commissioner within a period of 30 days. Endeavour shall be made to dispose of such appeals within 4 weeks. Additional functions of the District Magistrate The Bill proposes to empower the District Magistrate including Additional District Magistrate to effectively coordinate and monitor the functions of various agencies responsible for implementation of provisions of the principal Act. They have been empowered to (i) supervise the District Child Protection Units and Special Juvenile Protection Units, and (ii) conduct a quarterly review of the functioning of the Child Welfare Committee, JJ Boards. Child Welfare Committees The Bill seeks to strengthen the Child Welfare Committees (CWCs) by incorporating provisions relating to educational qualifications for its members and stipulating eligibility conditions for selection of the Committee. Presently, Section 27 of the Act provides that States shall constitute one or more CWCs for each district for dealing with children in need of care and protection. Sub-section 4 thereof provides that the members of CWCs should be: (i) involved in health, education, or welfare of children for at least 7 years, or (ii) a practising professional with a degree in child psychology, psychiatry, law, or social work. The Bill proposes to insert sub-section (4A) under Section 27 to stipulate certain additional criteria for appointment of CWC members. It provides that no person shall be eligible for selection as a member of the CWC, if he: has any past record of violation of human rights or child rightshas been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offencehas been removed or dismissed from service of the Government of India or State Government or an undertaking or corporation owned or controlled by the Government of India or State Governmenthas ever indulged in child abuse or employment of child labour or immoral act or any other violation of human rights or immoral actsis part of management of a child care institution in a District. Concerns over the Bill Cutting across party lines, the members of the House supported the Bill. A few issues that were raised during the discussion are listed below: The Bill puts entire onus of children’s welfare on District Magistrates, ignoring the fact that the DMs are over-burdened authorities, with the charge of entire district and other multifarious duties. Ministry should consider providing them with suitable assistance to ensure that this important issue does not get side-tracked in the rigmarole of their day to day work.Centralizing all powers with respect to children rehabilitation in one authority (DMs) may lead to delays, and may have wider repercussions on child welfare.The Grievance redressal powers under the Act have been taken away from the judiciary and have been given to the executive. It seeks to take away the role of judges who are specialized authorities in dealing with the nuances of law. This has serious implications on the doctrine of separation of powers. Click Here To Download Bill Read BillNext Storylast_img read more


May 26, 2021 0

Kobe Bryant discusses his new fantasy books

first_imgApril 10, 2019 /Sports News – National Kobe Bryant discusses his new fantasy books Beau Lund Written bycenter_img FacebookTwitterLinkedInEmailEddie Perlas / ESPN Images(NEW YORK) — After leaving the court in 2016, basketball legend Kobe Bryant dove into his more artistic side: first writing the Oscar-winning Dear Basketball and now creating a whole series of books for young people. His new book The Wizenard Series: Training Camp was released just last month, and has already found its way onto the New York Times bestsellers list. Bryant told ABC News’ Good Morning America that he gets “a lot” of eye rolls when he tries to tell people about the series, which has been described as a Harry Potter-style fantasy mixed with the Olympics. “It’s strange right?” he quipped. “Ok, Kobe’s now writing fantasy novels and creating fantasy novels.”But Bryant says he is passionate about wanting to help young people to process their emotions and fears, and plus, says he is a “huge, huge Harry Potter fan.” One way he hopes to help young people process emotions is by helping them find something they are passionate about. “If you can wrap it around something that they are passionate about — basketball or volleyball or soccer — and teach life lessons through the sport,” he said. “Then it’s more powerful.” “And that’s what I try to do with the Wizenard series,” Bryant added.“I was very fortunate to have basketball, but even more fortunate to find storytelling after,” he said. “Because I really, really love this.” What comes next for the retired sports legend? Well, probably not Dancing With the Stars, he said. “My knees would be like, ‘Dude, what are you doing? we just went through 20 years of beating me up — Don’t dance,’” he said.Copyright © 2019, ABC Radio. All rights reserved.last_img read more


May 8, 2021 0

Tutor Jeffrey Ketland ‘terminated’ after harassment case

first_imgDr Jeffrey Ketland, a Pembroke Philosophy tutor who, according to an inquest in February, sent ‘crazed and rambling’ emails to BPhil student Charlotte Coursier last year, who committed suicide after breaking up with her boyfriend, has been ‘terminated’ from Oxford, according to a statement posted on behalf of Ketland on philosophy blog Leiter Reports (http://leiterreports.typepad.com).In the statement, Ketland criticises the way Oxford handled the situation, writing, “As of mid April 2014, I am terminated from Oxford. The reasons stated amount to this: that I told a student to stay away from me and then responded to her refusal to do so; that I pointed out to a witness at Oxford her harassment of me while it was happening; and that I complained to Oxford of false allegations being made against me.”The statement in full reads as follows:“I knew Ms Charlotte Coursier, formerly Ms Charlotte Marklew, since 2008 at the University of Edinburgh. In June 2011, on graduation, she emailed me, “you are still the person who saved my life and my degree!”. I applied to Oxford in 2011, she in 2012. During her time in Oxford, concerns about her welfare were reported to the Faculty, but, as far I as know, were ignored. Following her suicide in June 2013 after her boyfriend ended their relationship, Oxford conducted an inquiry into her death which concluded in October 2013. At that time the University told my College that my involvement in the matter was a minor affair, and the Coroner’s office had provided repeated assurances (until a week before the inquest) that my name would not be mentioned.However, behind the scenes a group of graduate students, including some of the signatories of the Open Letter of 5 March 2014 had been campaigning the University to have my contact with students suspended and me fired. My supervisions were reassigned, my seminars were postponed and then reassigned to my College, with the lead author of the Open Letter boasting about this on Facebook. My wife complained to a College Principal about the distress and intimidation she felt her family were being subjected to.From late 2013, Oxford proceeded with a prosecution, involving failures of due process and proportionality, despite the support I received from my College and several members of the Faculty. The prosecution ignored my evidence, detailed email documentation, a police incident note concerning an assault against me, application records, and eleven witness statements, covering the period November 2008 up to the present. As of mid April 2014, I am terminated from Oxford. The reasons stated amount to this: that I told a student to stay away from me and then responded to her refusal to do so; that I pointed out to a witness at Oxford her harassment of me while it was happening; and that I complained to Oxford of false allegations being made against me. For the time being, I do not intend to comment further on the case.”The University and Pembroke College declined to comment.last_img read more


May 3, 2021 0

Update on the latest in sports:

first_imgIn other NBA news:—The Los Angeles Lakers’ first game since Kobe Bryant’s death was the second-most watched regular-season NBA game on ESPN. The game against the Portland Trail Blazers averaged 4.41 million viewers.OHIO STATE-TEAM DOCTORHouse leader urges action on bill tied to Ohio State scandalCOLUMBUS, Ohio (AP) — Unhappy with Ohio State’s response to allegations of widespread, decades-old sexual abuse by a team doctor, the leader of the Ohio House called Monday for lawmakers to act soon on a stalled proposal to enable the survivors to sue the university under state law. February 3, 2020 Share This StoryFacebookTwitteremailPrintLinkedinRedditNBA-SCHEDULE-CELTICS-HAWKSTatum leads Celtics past Hawks 123-115 for 4th straight winUNDATED (AP) — Jayson Tatum scored 28 points and Grant Williams drove for a key basket in the final minute, leading the Boston Celtics to a 123-115 victory over the Atlanta Hawks. UNDATED (AP) — Left-hander Marco Gonzales and the Seattle Mariners have agreed to a $30 million contract covering 2021-24, a deal that includes a club option and could be worth $45 million over five seasons. Gonzales is coming off the best season of his career. He tied for the American League lead with 34 starts and was tied for fifth with 16 victories. His 3.99 ERA was the lowest of his career and he set career highs in starts, innings pitched and strikeouts. The 27-year-old is about to begin his third full season with Seattle after starting his career with St. Louis.Elsewhere:—The Houston Astros have hired James Click as their new general manager. The Tampa Bay Rays executive is now in charge of the scandal-ridden team a week before the start of spring training. Click succeeds Jeff Luhnow, who along with manager AJ Hinch was suspended by Major League Baseball in the wake of a sign-stealing scam and then fired by the Astros. The Astros hired Dusty Baker last week as their new manager.— Right-hander Brandon Kinztler and the Miami Marlins have finalized a one-year contract that guarantees $3,275,000. Miami also completed a $1.5 million, one-year deal with outfielder Matt Joyce. Kintzler was 3-3 with a 2.68 ERA last year in 68 relief appearances for the Chicago Cubs. Joyce hit .295 with 10 doubles, seven home runs, and 23 RBIs in 238 plate appearances for the Atlanta Braves last season.— Jhoulys Chacín (joh-LEES’ cha-SEEN’) has finalized a minor league contract with the Minnesota Twins after a miserable 2019 season that saw him go from an opening day start to an August release. The 32-year-old right-hander was 15-8 with a 3.50 ERA for Milwaukee in 2018 after signing a $15.5 million, two-year deal with the Brewers. UNDATED (AP) — Patrick Williams had 14 points and nine rebounds, Trent Forrest also scored 14 and No. 8 Florida State beat North Carolina 65-59 on Monday. RaiQuan Gray had 10 second-half points as the Seminoles improved to 9-3 in Atlantic Coast Conference play. Cole Anthony started in his second game back from knee surgery for UNC. The freshman guard scored 16 points on 5-of-23 shooting and added seven rebounds.T25 MEN’S BASKETBALL POLLBaylor strengthens hold on No. 1 in AP Top 25 pollUNDATED (AP) — Baylor has strengthened its hold on No. 1 in The Associated Press men’s college basketball poll.The Bears received 49 of 65 first-place votes in the latest poll to stay comfortably ahead of Gonzaga and Kansas. The Bears are atop the rankings for a third straight week. UNDATED (AP) — Brian Elliott made 16 saves to earn his 40th career shutout in the Philadelphia Flyers’ 3-0 win over the sinking Detroit Red Wings. Scott Laughton, Kevin Hayes and defenseman Matt Niskanen scored for Philadelphia. The goals by Hayes and Niskanen were short-handed. The punchless Red Wings have been shut out in two consecutive games and have lost nine straight overall.In other rink action:—Mark Pysyk scored three times in his first career hat trick, and the Florida Panthers beat the Toronto Maple Leafs 5-3. Mike Hoffman had a goal and an assist for Florida, which trailed 3-1 early in the third period. Mike Matheson had three assists, and Sergei Bobrovsky made 31 saves in the Panthers’ seventh win in eight games.MLB NEWS-MARINERS-GONZALESGonzales, Mariners agree to $30 million deal for 2021-24 About 350 men alleging sexual misconduct by the late Richard Strauss have sued the school in federal court. Ohio State initially argued those claims are time-barred by law, but it has since committed to a “monetary resolution” for those who were abused.RUSSIAN DOPINGRussian track federation board resigns over doping failureMOSCOW (AP) — The entire board of the Russian Athletics Federation has resigned as Russia faces another ban from Olympic track events and possible expulsion from World Athletics. The federation says the entire board stepped down after a meeting with the new Russian Sports Minister, Oleg Matytsin. The federation has been suspended by World Athletics since 2015 because of widespread doping. The crisis has deepened in recent months after a program allowing Russians to compete internationally as neutral athletes was frozen. Nos. 1-4 remained unchanged, continuing a stretch of stability in what has been an unpredictable season with a record-tying seven different teams reaching No. 1.Atlantic Coast Conference leader Louisville climbed a spot to No. 5, followed by Dayton, Duke, Florida State and Maryland – which jumped six spots to No. 9 after beating Iowa last week for its fourth straight win.Villanova rounded out the top 10. No. 9 Maryland and No. 11 Auburn made the week’s biggest jumps. Each rose six spots. No. 21 Creighton and No. 23 Arizona re-entered the poll. Wichita State and Rutgers fell out.NHL-SCHEDULE-FLYERS-RED WINGSElliott gets 40th shutout in Flyers’ 3-0 win over Red Wings Update on the latest in sports: Associated Press —Caris LeVert tied his career high with 29 points in his first start in nearly three months, helping the Brooklyn Nets overcome the absence of Kyrie Irving to beat the Phoenix Suns 119-97. Suns star Devin Booker was held to 11 points on 3-for-15 shooting. Joe Harris added 16 points and Taurean Prince had 15. in the decisive third quarter for the Nets.—Kristaps Porzingis had 38 points and 12 rebounds to lead the Dallas Mavericks to a 112-103 victory over the Indiana Pacers. Porzingis shot 6 of 13 on 3-pointers and made all 12 of his free throws. Tim Hardaway Jr. contributed 25 points for Dallas, which played without injured All-Star Luka Doncic for the third straight game. Domantas Sabonis led the Pacers with 26 points.—Alec Burks scored 30 points, Glenn Robinson III added 22 and the Golden State Warriors beat Bradley Beal and the Washington Wizards 125-117.  It was the second straight win for the NBA-worst Warriors (12-39), with both coming on the road.T25-SCHEDULE-NORTH CAROLINA-FLORIDA STATEWilliams, Gray lead No. 8 Florida State past North Carolina The Hawks had a chance when a video review overturned a call along the baseline that initially gave Boston the ball. But Trae Young turned it over with a bad pass at the other end. The Celtics milked the shot clock before Williams took off down the lane and banked one in with 37.6 seconds remaining. Boston won its fourth straight. Young led Atlanta with 34 points but also had nine turnovers.In other Monday action:— Nikola Vucevic (NEE’-koh-lah VOOCH’-uh-vihch) scored 22 points, Aaron Gordon had 16 points and 12 rebounds, and the Orlando Magic snapped a five-game skid with a 112-100 win over the Charlotte Hornets. Evan Fournier added 17 points and Markelle Fultz had 12 points and 14 assists for the Magic, who won for the first time since beating the Hornets by 23 points in Charlotte on Jan. 20. Terry Rozier scored 18 points for the struggling Hornets, who have lost 11 of 12.— Jimmy Butler scored 38 points against his former club and the Miami Heat ran away in the second half to beat the Philadelphia 76ers 137-106. Goran Dragic scored 24 points and Bam Adebayo had 18 points, 11 assists and eight rebounds. Joel Embiid led Philadelphia with 29 points and 12 rebounds. The 76ers have dropped 10 of their last 12 on the road.—Marcus Morris Sr. scored 26 points, including a key jumper in overtime, and the New York Knicks beat the Cleveland Cavaliers 139-134. Kevin Love had 33 points and 13 rebounds in possibly his final home game with Cleveland. But the Cavaliers lost for the 11th time in 12 games. — Pro Football Hall of Fame defensive back Willie Wood has died. He was 83. Wood won five NFL championships with the Green Bay Packers under coach Vince Lombardi and made the first interception in Super Bowl history. He rose from undrafted rookie to play safety in eight Pro Bowls. Longtime friend Robert Schmidt says Wood died of natural causes in Washington.NBA-KOBIE BRYANT-STAPLES MEMORIALStaples Center removes public’s massive Kobe Bryant memorialLOS ANGELES (AP) — The massive memorial created by the public outside Staples Center after the death of former Lakers superstar Kobe Bryant is being dismantled, with an official saying some of the items will go to Bryant’s widow.The cleanup of flowers, balloons, jerseys, stuffed toys and other items began before dawn and behind a barrier. More than 1,300 basketballs were boxed. Fans spontaneously began creating the memorial in a plaza outside the arena when word surfaced that Bryant, his daughter Gianna and seven other people were killed in a helicopter crash on Jan. 26. Some of the material will be donated to Bryant’s widow. — The Yankees have more competition in the job for backup catcher. Three players — Erik Kratz, Josh Thole and Chris Iannetta — have agreed to minor league contracts. Austin Romine, Gary Sánchez’s backup the last three seasons, became a free agent and agreed to a contract with Detroit. Kyle Higashioka is the only other catcher on New York’s 40-man roster.A pair of social gathering areas are being added to the second deck of Yankee Stadium, cutting seating by 500 to 800 seats. New York is adding the Stella Artois Landing in left field and the Michelob Ultra Clubhouse in right field. Both areas are covered because they are below the top deck.NFL-SUPER BOWLChiefs fans preparing for super celebrationUNDATED (AP) — Kansas City Chiefs fans are flocking to buy T-shirts, lining up for photos and preparing to skip out on work for a celebratory parade after the team won its first Super Bowl in 50 years. Schools in the area are calling off classes so students and staff can attend “The Chiefs Kingdom Champions Parade” on Wednesday morning. Officials announced the celebration shortly after the Chiefs defeated San Francisco 31-20 on Sunday. The festivities will include a victory rally at Union Station in Kansas City, Missouri, shortly after the parade ends. Fans were taking pictures in front of a newly installed sign inside Union Station that proclaims the Chiefs “World Champions!”In other NFL news:— The Atlanta Falcons have cut ties with outside linebacker Vic Beasley, who led the NFL in sacks in 2016 but didn’t come close to matching that production over the last three seasons. Beasley will become an unrestricted free agent on Match 18. Beasley was the eighth overall pick in 2015.—The Nielsen company says 99.9 million people watched the Kansas City Chiefs come from behind to beat the San Francisco 49ers in the Super Bowl. That’s a rebound from the 98.5 million people who watched the Super Bowl in 2019. Ratings had been slowly declining since hitting a peak of 114.4 million viewers in 2015.—The Detroit Lions signed free agent guard Josh Garnett, a former first-round draft pick of the San Francisco 49ers. The Lions did not disclose contract terms. Garnett was the 28th pick in the 2016 draft out of Stanford. He spent three seasons with the 49ers before being released before the start of this season.last_img read more


September 19, 2020 0