Juvenile Law: Rs 10000 Fine For Corporal Punishment  

SRINAGAR — In the amendment to the Juvenile Justice Act, government proposes ten rupees thousand fine for any person in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child. 

Also any self-styled militant group or outfit declared as such by the Government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees.  

The Juvenile Justice (Care and Protection of Children’s) Act 2013 started to be implemented in J&K in 2017 after many years of delay.

While the implementation of this law is in infancy the government has come up with a new draft Juvenile Justice Act 2018 which has been put to public domain.

 “Any adult or an adult group, if uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees,” according to the section 77 of the new draft. 

The government has also proposed that the age for criminal liability be lowered to 16 years from the existing 18. The new draft law also extends application to cases of adopting children.  

Section 76 talks about corporal punishment and as per it, any person in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to three months or fine or with both.

“If a person employed in an institution referred to in sub-section (1), is convicted of an offence under that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter.” 

 

 

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