With over thirty amendments proposed through the Companies (Amendment) Ordinance, 2018, the government’s sole objective has been to improve the level of compliance in the corporates and also ensure smooth corporate governance.  The amendments have been based on recommendations made in the "Report of the Committee to Review Offences under the Companies Act, 2013". By decriminalizing more than 80 offences, the government aims to reduce the burden of routine compliances by the NCLT and other jurisdictions. The Registrar of Companies and the Regional directors have been vested with additional powers. The system of e-adjudication for routine / less serious offences has also been proposed for the first time. In all, the ordinance is another step towards ease of doing business and effective corporate governance.

In August, 2018 the government passed the Juvenile Justice (Care and protection of Children) amendment bill, 2018 in the Lok Sabha. The amendments seek to plug the inordinate delays in the adoption process by empowering district magistrates to pass orders for such adoption. This would ensure that timely adoption and protection and care of such children. While it is pending in the Parliament, a look at the legislation.

The Juvenile Justice Act is a central legislation that was enacted in 1986. The objective was to provide a uniform Law on juvenile justice across the country. Prior to that each State had its own regulations which gave rise to several discrepancies in the way juveniles and juvenile crimes were interpreted and treated.  The Constitution of India contains several provisions protecting children and their rights –prohibiting child labour and employment upto 14 years of age; preventing children from working in hazardous situations; right to free and compulsory education; protection from sexual abuse to name a few. The juvenile justice laws categorized the children into two main categories: those in conflict with Law and those who required care and protection.

The Juvenile Justice Act, 1986 contained provisions for almost all the above and also dealt with treating delinquent juveniles who were accused of committing crimes at their young age. It was enacted for protection, development and treatment of neglected juveniles and delinquent juveniles. However there was major concern in the way juveniles were being interrogated, tortured and tried for such cases. It then got replaced with the Juvenile Justice (Care and protection of children), Act, 2000.

In 2012, the horrific and brutal Nirbhaya gang rape case brought back in to sharp focus the need for more stringent Juvenile laws. One of the perpetrators of the crime was not even 18 years of age. He was tried as a juvenile delinquent and sent to a reform home for 3 years. This outraged the sensibilities of people across the country. By treating him as juvenile and sending him to a reform home, it was felt that it indirectly encouraging youngsters to commit crimes. Also “reform” did not justify the brutality of the crime.

Consequently, amidst intense debate on human rights / child rights violations and protests from across the country the Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by both houses of Parliament and came into effect in December, 2015. A host of stringent measures were put in place to revamp the existing Act – Minors in the age group of 16 -18 years were to be tried as adults if they committed heinous crimes. Anyone between the age group of 16-18 years committing a less serious offence, were to be tried under the criminal justice systems if apprehended after they attained 21 years of age. A juvenile justice board (comprising also of sociologists and psychologists) would analyse and examine if the crime was committed by a child or an adult. The Act also streamlined the adoption process of orphaned and abandoned children. The Act also introduced the concept of foster care of children in India where families willing to take care of abandoned or orphaned children will be monitored by the government and also receive financial assistance. The 2015 Act also expressly stated punishments for persons selling children, selling alcohol or drugs to children and those giving corporal punishments to children.

The intense criticism of the Bill that eventually became an Act in 2015. For the first time in the history of India the Judicial waiver system was introduced – a process where a juvenile can be tried under the adult criminal justice system and meted punishments as an adult. Human Rights/ child rights activists, politicians and social activists were of the view that most juvenile delinquents were from the economically weaker, illiterate and deprived sections. Hence they required reform, rehabilitation and education and not punishment. However an equal number of people were of the view that stringent punitive measures and punishments only could deter a child, adolescent or youngster from committing a heinous crimes such as rape, murder and even terrorism. It is only when a child is condemned the very first time, they will not become habitual offenders.

It is an emotional issue as children and youngsters are involved. Their juvenility is weakening thanks to their very early exposure to adult content – porn and violent crimes on the internet, television and mobile phones. A child clearly seems to need no education to get access to them and also find their ways using such devices to their convenience. While recent reports suggest that heinous crimes such as rape, murder and online threats and kidnapping being committed in the age groups of 16-25 years, only a balanced law- one that contains reformative cum punitive measures that will ensure child rights are not violated. It is not only the role of the governments in reforming delinquent offenders, it is the role of the family and society at large to ensure a healthy environment in the first place to prevent the juvenile from becoming a delinquent juvenile.