Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India amidst intense controversy, debate, and protest on many of its provisions by Child Rights fraternity.
The Ministry of Women and Child Development began contemplating several desired amendments in 2011 and a process of consultation with various stake holders was initiated.
The Delhi gang rape case in December 2012 had tremendous impact on public perception of the Act.
One of the accused in the 2012 Delhi gang rape was a few months younger than 18 years of age and under the Act was tried in a juvenile court.
[7][8] The victim's mother criticized the verdict and said that by not punishing the juvenile the court was encouraging other teenagers to commit similar crimes.
[2][13] The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were missing in the previous act.
[16] The bill also seeks to make the adoption process of orphaned, abandoned and surrendered children more streamlined.
The bill now stands Passed in Rajya-Sabha on Tuesday 22 December 2015, after the Nirbhaya case accused juvenile was released.
In 2021, The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 was passed by the Parliament of India.
Many experts and activists viewed post December 2012 Delhi Gang Rape responses as creation of media sensationalisation of the issue, and cautioned against any regressive move to disturb the momentum of Juvenile Justice Legislation in the Country.
Some argued that there is no need of tampering with Juvenile Justice Act for putting up effective deterrent against terrorism.
Retired Judge of Delhi High Court, Justice RS Sodhi on 8 August 2015 told Hindustan Times, "We are a civilised nation and if we become barbaric by twisting our own laws, then the enemy will succeed in destroying our social structure.