Code: Section 70 JJ Act
(1) For the effective performance of its functions, the Authority has the following powers:
(a) Issue instructions to Specialised Adoption Agencies, Children Homes, child care institutions, State Agencies, and foreign adoption agencies. These instructions must be followed.
(b) Recommend action against any official, functionary, or institution that does not comply with the issued instructions.
(c) Forward cases of non-compliance to a Magistrate. The Magistrate will hear the case as if forwarded under section 346 of the Code of Criminal Procedure, 1973.
(d) Any other power the Central Government may give.
(2) If there’s a disagreement in an adoption case, the Authority’s decision prevails.
Explanation of Section 70 JJ Act
Powers of the Authority
Section 70 empowers the Authority with key functions to ensure adoption and child welfare processes run smoothly.
- Issuing Instructions:
The Authority can give instructions to various entities, such as Specialised Adoption Agencies and children’s homes. These agencies must follow the guidelines issued for handling children. - Recommending Action:
If an official or agency fails to comply with instructions, the Authority can recommend action against them. This ensures accountability in the process. - Forwarding Cases to Magistrates:
In cases of repeated non-compliance, the Authority can send the matter to a Magistrate. The Magistrate will handle the case in accordance with the law. - Other Powers:
The Authority may exercise additional powers as granted by the Central Government.
Decision-Making Authority
When there’s a disagreement over the eligibility of adoptive parents or a child, the Authority’s decision is final. This ensures consistency and clarity in adoption matters.
Illustration
Example 1: Issuing Instructions
The Authority may direct a Specialised Adoption Agency to ensure that orphaned children are legally cleared for adoption. The agency must comply with this order for the process to proceed.
Example 2: Forwarding to a Magistrate
If an agency doesn’t follow the Authority’s instructions, the case may be forwarded to a Magistrate for further action.
Common Questions and Answers on Section 70 JJ Act
- What powers does the Authority have?
The Authority can issue instructions, recommend actions for non-compliance, and forward cases to Magistrates. - What happens if an institution doesn’t follow instructions?
The Authority can recommend penalties. Repeated failure can result in legal action or forwarding the case to a Magistrate. - Who decides on disputes in adoption cases?
The Authority’s decision is final in case of any disagreements. - What does forwarding a case to a Magistrate mean?
If an agency repeatedly ignores instructions, the case may be forwarded to a Magistrate for legal proceedings.
Conclusion
Section 70 of the Juvenile Justice Act ensures the Authority has the necessary powers to enforce adoption procedures effectively. These powers help maintain accountability and ensure decisions are made in the best interests of children.
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