(1) The State Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent juvenile to be discharged from the juvenile home or special home, either absolutely or on such conditions as it may think fit to impose.
(2) The State Government may, notwithstanding anything contained in this Act, order --
(a) a neglected juvenile to be transferred from one juvenile home to another ;
(b) a delinquent juvenile to be transferred from one special home to another or from a special home to a borstal school where such school exists or from a special home to a juvenile home ;
(c) a neglected juvenile or a delinquent juvenile to be transferred from a juvenile home or a special home to a fit person or a fit institution;
(d) a juvenile who has been released on licence which has been revoked or forfeited, to be sent to the special home or juvenile home from which he was released or to any other juvenile home or special home or borstal school:
Provided that the total period of the stay of the juvenile in a juvenile home or a special home or a fit institution or under a fit person shall not be increased by such transfer.
(3) The State Government may, notwithstanding anything contained in this Act, at any time, discharge a Juvenile from the care of any person under whom he was placed under this Act either absolutely or on such conditions as it may think fit to impose.
Section 47 - Transfers between juvenile homes, etc., under the Act and juvenile homes, etc., of like nature in different parts of India
(1) The Government of a State may direct any neglected juvenile or delinquent juvenile to be transferred from any juvenile home or special home within the State to any other juvenile home, special home or institution of a like nature in any other State with the consent of the Government of the State.
(2) The Government of a State may, by general or special order, provide for the reception of a juvenile home or special home within the State of a neglected juvenile or delinquent juvenile detained in a juvenile home or special home or institution of a like nature in any other State where the Government of that State makes an order for such transfer, and upon such transfer the provisions of this Act shall apply to such juvenile as if he had been originally ordered to be sent to such juvenile home or special home under this Act.
Section 48 - Transfer of juveniles of unsound mind or suffering from leprosy or addicted to drugs
(1) Where it appears to the State Government that any Juvenile kept in a special home or juvenile home or institution in pursuance of this Act is suffering from leprosy so is of unsound mind, or is addicted to any narcotic drug or psychotropic substances, the State Government may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or other place of safe custody for being kept there for such period not exceeding the period for which he is required to be kept in custody under the orders of the competent authority or for such further period as may be certified by the medical officer to be necessary for the proper treatment of the juvenile.
(2) Where it appears to the State Government that the juvenile is cured of leprosy or of unsoundness of mind of drug addiction it may, if the juvenile is still liable to be kept in custody, order the person having charge of the juvenile to send him to the special home or juvenile home or institution from which he was removed or, if the juvenile is no longer liable to be kept in custody, order him to be discharged.
Section 49 - Placing out on licence
(1) When a juvenile is kept in a juvenile home or special home, the State Government may, if it so thinks fit, release the juvenile from the juvenile home or special home and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling.
(2) Any licence so granted under sub-section (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted.
(3) The State Government may, at any time, by order in writing, revoke any such licence and order the juvenile to return to the juvenile home or special home from which he was released or to any other juvenile home or special home, and shall do so at the desire of the person with whom, or under whose supervision the juvenile has been permitted to live in accordance with a licence granted under sub-section (1).
(4) When a licence has been revoked or forfeited and the juvenile refuses or fails to return to the special home or juvenile home to which he was directed so to return, the State Government may, if necessary, cause him to be taken charge of and to be taken back to the special home or juvenile home.
(5) The time during which a juvenile is absent from a special home or juvenile home in pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the special home or juvenile home:
Provided that when a juvenile has failed to return to the special home or juvenile home on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is liable to be kept in custody.
Section 50 - Provision in respect of escaped juveniles
Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a juvenile who has escaped from a special home or a juvenile home or from the care of a person under whom he was placed under this Act and shall send the juvenile back to the special home or the juvenile home or that person, as the case may be; and no proceeding shall be instituted in respect of the juvenile by reason of such escape but the special home, juvenile home or the person may, after giving the information to the competent authority which passed the order in respect of the juvenile, take such steps against the juvenile as may be deemed necessary.
Section 51 - Contribution by parents
(1) The competent authority which makes an order for sending a neglected juvenile or a delinquent juvenile to a juvenile home or a special home or placing the juvenile under the care of a fit person or fit institution may make an order requiring the parent or other person liable to maintain the juvenile to contribute to his maintenance, if able to do so, in the prescribed manner.
(2) The competent authority before making any order under subsection (1) shall inquire into the circumstances of the parent of other person liable to maintain the juvenile and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
(3) The person liable to maintain a juvenile shall, for the purposes of sub-section (1), include in the case of illegitimacy, his putative father:
Provided that where the juvenile is illegitimate and an order for his maintenance has been made under Sec. 125 of the Code of Criminal Procedure, 1973 (2 of 1974), the competent authority shall not ordinarily make an order for contribution against the putative father, but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person as may be named by the competent authority and such sum shall be paid by him towards the maintenance of the juvenile.
(4) Any order made under this section may be enforced in the same manner as an order under Sec. 125 of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 52 - Fund
(1) The State Government may create a Fund under such name as it thinks fit for the welfare and rehabilitation of the juveniles dealt with under this Act.
(2) There shall be credited to the Fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation.
(3) The Fund created under sub-section (1) shall be administered by such officers or authority in such manner and for such purposes as may be prescribed.
Section 53 - Advisory Board
(1) The State Government may constitute an Advisory Board to advice it on matters relating to the establishment and maintenance of homes, mobilisation of resources, provision of facilities for education, training and rehabilitation of neglected and delinquent juveniles and co-ordination among the various official and non-official agencies concerned.
(2) The Advisory Board shall consist of such number of officers and other persons as the State Government thinks fit and may also include experts and the representatives of voluntary organisations engaged in the relevant areas.
Section 54 - Visitors
(1) The State Government may nominate not more than three non-officials to be Visitors for each of the homes established under this Act.
(2) A Visitor nominated for a home under sub-section (1) shall periodically visit such home and make a report to the State Government.
Section 55 - Control of custodian over juvenile
Any person in whose custody a juvenile is placed In pursuance of this Act shall, while the order is in force, have the like control over the juvenile as he would have if, he were his parent, and shall be responsible for his maintenance, and the juvenile shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other person :
Provided that no juvenile while in such custody shall be carried except with the permission of the competent authority.
Section 56 - Delinquent juvenile undergoing sentence at commencement of the Act
In any area in which this Act is brought into force, the State Government may direct that a delinquent juvenile who is undergoing any sentence of imprisonment at the commencement of this Act shall, in lieu of undergoing such sentence, be sent to a special home or be kept in safe custody in such place and manner as the State Government thinks fit for the remainder of the period of the sentence ; and the provisions of this Act shall apply to the juvenile as if he had been ordered by a Juvenile Court to be sent to such special home or as the case may be, ordered to be detained under sub-section (2) of Sec. 22.
Section 57 - Appointment of officers
(1) The State Government may appoint as many probation officers, officers for the inspection of special homes, juvenile homes, observation homes or after care organisations and such other officers as it may deem necessary for carrying out the purposes of this Act.
(2) It shall be the duty of the probation officer --
(a) to inquire, in accordance with the direction of a competent authority, into the antecedents and family history of any juvenile accused of an offence, with a view to assist the authority in making the inquiry;
(b) to visit neglected and delinquent juveniles at such intervals as the probation officer may think fit;
(c) to report to the competent authority as to the behaviour of any neglected or delinquent juvenile;
(d) to advise and assist neglected or delinquent juveniles and, if necessary, endeavour to find them suitable employment;
(e) where a neglected or delinquent juvenile is placed under the care of any person or institution on certain conditions, to see whether such conditions are being complied with; and
(f) to perform such other duties as may be prescribed.
(3) Any officer empowered in this behalf by the State Government may enter any special home, juvenile home, observation home or after-care organisation and make a complete inspection thereof in all its departments and of all papers, registers and accounts relating thereto and shall submit the report of such inspection to the State Government.
Section 58 - Officers appointed under the Act to be public servants
Probation officers and other officers appointed in pursuance of this Act shall be deemed to be public servants within the meaning of Sec. 21 of the Indian Penal Code, 1860 (45 of 1860).
Section 59 - Procedure in respect of bonds
The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, as far as may be, apply to bonds taken under this Act.
Section 60 - Delegation of powers
The State Government may, by general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by an officer subordinate to that Government.
Section 61 - Protection of action taken in good faith
No suit or other legal proceeding shall lie against the State Government or any probation officer or other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
Section 62 - Power to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the places at which, the days on which, the time at which, and the manner in which, a competent authority may hold its sittings;
(b) the procedure to be followed by a competent authority in holding inquiries under this Act, and the mode of dealing with juveniles suffering from dangerous diseases or mental complaints;
(c) the circumstances in which, and the conditions subject to which, an institution may be certified as a special home or a juvenile's home or recognised as an observation home, and the certification or recognition withdrawn;
(d) the internal management of special homes, juvenile homes and observation homes and the standards and the nature of services to be maintained by them;
(e) the functions and responsibilities of special homes, juvenile homes and observation homes;
(f) the inspection of special homes, juvenile homes, observation homes and after-care organisations;
(g) the establishment, management, and functions of after-care organisations; the circumstances in which, and the conditions subject to which an institution may be recognised as an after-care organisation and such other matters as are referred to in Sec. 12;
(h) the qualifications and duties of probation officers;
(i) the recruitment and training of persons appointed to carry out the purposes of this Act and the terms and conditions of their services;
(j) the conditions subject to which a girl who is a neglected or delinquent juvenile may be escorted from one place to another, and the manner in which a juvenile may be sent outside the jurisdiction of a competent authority;
(k) the manner in which contribution for the maintenance of a juvenile may be ordered to be paid by a parent or guardian;
(l) the officers or authorities by whom, the manner in which and the purpose for which the Fund created under Sec. 52 shall be administered;
(m) the conditions under which a juvenile may be placed out on licence and the form and conditions of such licence;
(n) the conditions subject to which juveniles may be placed under the care of any parent, guardian or other fit person or fit institution under this Act and the obligations of such persons or institutions towards the juveniles so placed;
(o) any other matter which has to be, or may be, prescribed.
(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State.
Section 63 - Repeal and savings
If, immediately before the date on which this Act comes into force in any State, there is in force in that State, any law corresponding to this Act, that law shall stand repealed on the said date:
Provided that the repeal shall not affect --
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
Repealing Act 1 - JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
[Act, No. 56 of 2000]
[30th December, 2000]
PREAMBLE
An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment.
Whereas the Constitution has, in several provisions, including clause (3) of article 15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected;
And Whereas, the General Assembly of the United Nations has adopted the Convention on the Rights of the Child on the 20th November, 1989;
And Whereas, the Convention on the Rights of the Child has prescribed a set of standards to be adhered to by all State parties in securing the best interests of the child;
And Whereas, the Convention on the Rights of the Child emphasises social reintegration of child victims, to the extent possible, without resorting to judicial proceedings;
And Whereas, the Government of India has ratified the Convention on the 11th December, 1992.
And Whereas, it is expedient to re-enact the existing law relating to juveniles bearing in mind the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), and all other relevant international instruments.
Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--
CHAPTER I. PRELIMINARY
1. Short title, extent and commencement
(1) ThisAct may be called the Juvenile Justice(Care and Protection of Children) Act, 2000.
(2) Itextends to the whole of India except the State of Jammu and Kashmir.
(3) It shall comeinto force on such date1 as the Central Government may,by notification in the Official Gazette, appoint.
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1. Cameinto force on 1-4-2001, vide S.O. 177(E),dated 28th February, 2001, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 28thFebruary, 2001.
2. Definitions
In this Act, unless the context otherwise requires,--
(a) "advisory board" means a Central or a State advisory board or a district and city level advisory board, as the case may be, constituted under section 62;
(b) "begging" means--
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(c) "Board" means a Juvenile Justice Board constituted under section 4;
(d) "child in need of care and protection" means a child--
(i) who is found without any home or settled place or abode and without any ostensible means of subsistence,
(ii) who resides with a person (whether a guardian of the child or not) and such person--
(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or
(b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person,
(iii) who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after,
(iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child,
(v) who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is missing and run away child and whose parents cannot be found after reasonable injury,
(vi) who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts,
(vii) who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
(viii) who is being or is likely to be abused for unconscionable gains, (ix) who is victim of any armed conflict, civil commotion or natural calamity;
(e) "children's home" means an institution established by a State Government or by voluntary organisation and certified by that Government under section 34;
(f) "Committee" means a Child Welfare Committee constituted under section 29;
(g) "competent authority" means in relation to children in need of care and protection a Committee and in relation to juveniles in conflict with law a Board;
(h) "fit institution" means a governmental or a registered non-governmental organisation or a voluntary organisation prepared to own the responsibility of a child and such organisation is found fit by the competent authority;
(i) "fit person" means a person, being a social worker or any other person, who is prepared to own the responsibility of a child and is found fit by the competent authority to receive and take care of the child;
(j) "guardian", in relation to a child, means his natural guardian or any other person having the actual charge or control over the child and recognised by the competent authority as a guardian in course of proceedings before that authority;
(k) "juvenile" or "child" means a person who has not completed eighteenth year of age;
(l) "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;
(m) "local authority" means Panchayats at the village and Zila Parishad at the district level and shall also include a Municipal Committee or Corporation or a Cantonment Board or such other body legally entitled to function as local authority by the Government;
(n) "narcotic drug" and "psychotropic substance" shall have the meanings respectively assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(o) "observation home" means a home established by a State Government or by a voluntary organisation and certified by that State Government under section 8 as an observation home for the juvenile in conflict with law;
(p) "offence" means an offence punishable under any law for the time being in force;
(q) "place of safety" means any place or institution (not being a police lock-up or jail), the person incharge of which is willing temporarily to receive and take care of the juvenile and which, in the opinion of the competent authority, may be a place of safety for the juvenile;
(r) "prescribed" means prescribed by rules made under this Act;
(s) "probation officer" means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958);
(t) "public place" shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
(u) "shelter home" means a home or a drop-in-centre set up under section 37;
(v) "special home" means an institution established by a State Government or by a voluntary organisation and certified by that Government under section 9;
(w) "special juvenile police unit" means a unit of the police force of a State designated for handling of juveniles or children under section 63;
(x) "State Government", in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;
(y) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in that Code.
3. Continuation of inquiry in respect of juvenile who has ceased to be a juvenile
Wherean inquiry has been initiated against a juvenile in conflict with law or achild in need of care and protection and during the course of such inquiry thejuvenile or the child ceases to be such, then, notwithstanding anythingcontained in this Act or in any other law for the time being inforce, the inquiry may be continued and orders may be made in respectof such person as if such person had continued to be a juvenile or a child.
CHAPTER II. JUVENILE IN CONFLICT WITH LAW
4. Juvenile Justice Board
(1) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1973 (2 of 1974), theState Government may, by notification in the Official Gazette, constitute for adistrict or a group of districts specified in the notification, one or moreJuvenile Justice Boards for exercising the powers and discharging theduties conferred or imposed on such Boards in relation to juvenilesin conflict with law under this Act.
(2) A Board shallconsist of a Metropolitan Magistrate or a Judicial Magistrate of the firstclass, as the case may be, and two social workers of whom at least one shall be awoman, forming a Bench and every suchBench shall havethe powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on aMetropolitan Magistrate or, as the case may be, a Judicial Magistrate of thefirst class and the Magistrate on the Board shall bedesignated as the principal Magistrate.
(3) NoMagistrate shall be appointed as a member of the Boardunless he has special knowledge or training in child psychology or childwelfare and no social worker shall be appointed as a member ofthe Board unless he has been actively involved inhealth, education, or welfare activities pertaining to children for at leastseven years.
(4) The termof office of the members of theBoard and the manner in whichsuch member may resign shall be such as may beprescribed.
(5) Theappointment of any member of theBoard may be terminated afterholding inquiry, by the Sate Government, if--
(i)he has been found guilty of misuse of power vested under this Act,
(ii)he has been convicted of an offence involving moral turpitude, and suchconviction has not been reversed or he has not been granted full pardon inrespect of such offence,
(iii)he fails to attend the proceedings of the Board for consecutive threemonths without any valid reason or he fails to attend less than three-fourth ofthe sittings in a year.
5. Procedure, etc., in relation to Board
(1) The Board shall meet atsuch times and shall observe such rules of procedure in regard tothe transaction of business at its meetings, as may be prescribed.
(2) A childin conflict with law may be produced before an individual member ofthe Board, when theBoard is not sitting.
(3) A Board mayact notwithstanding the absence of any member of the Board, andno order made by the Board shall beinvalid by reason only of the absence of any member during any stage ofproceedings:
Providedthat there shall be at least two members including the principalMagistrate present at the time of final disposal of the case.
(4) In theevent of any difference of opinion among the members of the Board inthe interim or final disposition, the opinion of the majority shallprevail, but where there is no such majority, the opinion of theprincipal Magistrate shall prevail.
6. Powers of Juvenile Justice Board
(1) Where a Board hasbeen constituted for any district or a group of districts, such Board shall,notwithstanding anything contained in any other law for the time being inforce but save as otherwise expressly provided in this Act, have power todeal exclusively with all proceedings under this Act relating to juvenile inconflict with law.
(2) Thepowers conferred on the Board by or under this Act mayalso be exercised by the High Court and the Court ofSession, when the proceeding comes before them in appeal, revision or otherwise.
7. Procedure to be followed by a Magistrate not empowered under the Act
(1) When any Magistrate notempowered to exercise the powers of a Board under this Act is of theopinion that a person brought before him under any of the provisionsof this Act (other than for the purpose of giving evidence), is a juvenile orthe child, he shall without any delay record such opinion andforward the juvenile or the child and the record of the proceeding to thecompetent authority having jurisdiction over the proceeding.
(2) Thecompetent authority to which the proceeding is forwarded under sub-section(1) shall holdthe inquiry as if the juvenile or the child had originally been brought beforeit.
8. Observation homes
(1) Any State Government may establish and maintaineither by itself or under an agreement with voluntary organisations,observation homes in every district or a group of districts, as may be requiredfor the temporary reception of any juvenile in conflict with law during thependency of any inquiry regarding them under this Act.
(2) Wherethe State Government is of opinion that any institution other thana home established or maintained under sub-section (1), is fitfor the temporary reception of juvenile in conflict with law during thependency of any inquiry regarding them under this Act, it may certify suchinstitution as an observation home for the purposes of this Act.
(3) TheState Government may, by rules made under this Act, provide for the managementof observation homes, including the standards and various types of services tobe provided by them for rehabilitation and social integration of a juvenile,and the circumstances under which, and the manner in which, the certificationof an observation home may be granted or withdrawn.
(4) Everyjuvenile who is not placed under the charge of parent or guardian and is sentto an observation home shall be initially kept in a reception unit of theobservation home for preliminary inquiries, care and classification forjuveniles according to his age group, such as seven to twelve years, twelveto sixteen years and sixteen to eighteen years, giving due considerations tophysical and mental status and degree of the offence committed,for further induction into observation home.
9. Special homes
(1) AnyState Government may establish and maintain either by itself or under anagreement with voluntary organisations, special homes in every district or agroup of districts, as may be required for reception and rehabilitation ofjuvenile in conflict with law under this Act.
(2) Wherethe State Government is of opinion that any institution other thana home established or maintained under sub-section (1), is fitfor the reception of juvenile in conflict with law to be sent there under thisAct, it may certify such institution as a special home for the purposes of thisAct.
(3) TheState Government may, by rules made under this Act, provide for the managementof special homes, including the standards and various types of services to beprovided by them which are necessary for re-socialisation of a juvenile, andthe circumstances under which, and the manner in which, the certification of aspecial home may be granted or withdrawn.
(4) Therules made under sub-section (3) may also provide for theclassification and separation of juvenile in conflict with law on the basis ofage and the nature of offences committed by them and his mental andphysical status.
10. Apprehension of juvenile in conflict with law
(1) As soon as a juvenile inconflict with law is apprehended by police, he shall be placed under thecharge of the specialjuvenile police unit or the designated police officer who shallimmediately report the matter to a member of the Board.
(2) TheState Government may make rules consistent with this Act,--
(i)to provide for persons through whom (including registered voluntaryorganisations) any juvenile in conflict with law may be produced before the Board;
(ii)to provide the manner in which such juvenile may be sent to an observationhome.
11. Control of custodian over juvenile
Any person in whose charge a juvenile isplaced in pursuance of this Act shall, while the order isin force have the control over the juvenile as he would have if he were hisparents, and shall be responsible for hismaintenance, and the juvenile shall continue in his chargefor the period stated by competent authority, notwithstanding that he isclaimed by his parents or any other person.
12. Bail of juvenile
(1) When anyperson accused of a bailable or non-bailable offence, and apparently ajuvenile, is arrested or detained or appears or is brought before a Board, suchperson shall, notwithstanding anything contained in the Codeof Criminal Procedure, 1973 (2 of 1974) or inany other law for the time being in force, be released onbail with or without surety but he shall not be so released ifthere appear reasonable grounds for believing that the release is likely tobring him into association with any known criminal orexpose him to moral, physical or psychological danger orthat his release would defeat the ends of justice.
(2) Whensuch person having been arrested is not released on bail under sub-section(1)by the officer incharge of the police station, such officer shallcause him to be kept only in an observation home in theprescribed manner until he can be brought before a Board.
(3) Whensuch person is not released on bail under sub-section (1) by the Board it shall,instead of committing him to prison, make an order sending him to anobservation home or a place of safety for such period during the pendency ofthe inquiry regarding him as may be specified in the order.
13. Information to parent, guardian or probation officer
Where a juvenile is arrested,the officer incharge of the police station or the special juvenile police unitto which the juvenile is brought shall, as soon as may be afterthe arrest, inform--
(a)the parent or guardian of the juvenile, if he can be found of such arrest and direct him to bepresent at the Board before which the juvenile will appear; and
(b)the probation officer of such arrest to enable him to obtain informationregarding the antecedents and family background of the juvenile and othermaterial circumstances likely to be of assistance to the Board formaking the inquiry.
14. Inquiry by Board regarding juvenile
Where a juvenile having been charged with theoffence is produced before a Board, the Board shall holdthe inquiry in accordance with the provisions of this Act and may make such order inrelation to the juvenile as it deems fit:
Providedthat an inquiry under this section shall be completed within aperiod of four months from the date of its commencement, unless the period isextended by the Board having regard to the circumstances of the caseand in special cases after recording the reasons in writing for such extension.
15. Order that may be passed regarding juvenile
(1) Where a Board issatisfied on inquiry that a juvenile has committed an offence, then,notwithstanding anything to the contrary contained in any other lawfor the time being in force, the Board may, if it so thinksfit,--
(a)allow the juvenile to go home after advice or admonition following appropriateinquiry against and counselling to the parent or the guardian and the juvenile;
(b)direct the juvenile to participate in group counselling and similar activities;
(c)order the juvenile to perform community service;
(d)order the parent of the juvenile or the juvenile himself topay a fine, if he is over fourteen years of age and earns money;
(e)direct the juvenile to be released on probation of good conduct and placedunder the care of any parent, guardian or other fit person, on suchparent, guardian or other fit person executing a bond, with or withoutsurety, as the Board may require, for the good behaviour andwell-being of the juvenile for any period not exceeding three years;
(f)direct the juvenile to be released on probation of good conduct and placedunder the care of any fit institution for the good behaviour and well-being ofthe juvenile for any period not exceeding three years;
(g)make an order directing the juvenile to be sent to a specialhome,--
(i)in the case of juvenile, over seventeen years but less than eighteen years ofage for a period of not less than two years;
(ii)in case of any other juvenile for the period until he ceases to be ajuvenile:
Providedthat the Board may, if it is satisfied that having regard tothe nature of the offence and the circumstances of the case it is expedient soto do, for reasons to be recorded, reduce the period of stay to such period asit thinks fit.
(2) The Board shallobtain the social investigation report on juvenile either through a probationofficer or a recognised voluntary organisation or otherwise, and shall takeinto consideration the findings of such report before passing an order.
(3) Where an orderunder clause (d), clause (e) or clause (f) of sub-section (1) is made,the Board may, if it is of opinion that in the interestsof the juvenile and of the public, it is expedient so to do, in addition makean order that the juvenile in conflict with law shallremain under the supervision of a probation officer named in the orderduring such period, not exceeding three years as may be specified therein, andmay in such supervision order impose such conditions asit deems necessary for the due supervision of the juvenile in conflict withlaw:
Providedthat if at any time afterwards it appears to the Board on receiving a report fromthe probation officer or otherwise, that the juvenile inconflict with law has not been of good behaviour during the period ofsupervision or that the fit institution under whose care the juvenile wasplaced is no longer able or willing to ensure the good behaviour and well-beingof the juvenile it may, after making such inquiry as it deems fit, order thejuvenile in conflict with law to be sent to a special home.
(4) The Board shallwhile making a supervision order under sub-section(3),explain to the juvenile and the parent, guardian or other fitperson or fit institution, as the case may be, under whose care the juvenilehas been placed, the terms and conditions of the order and shallforthwith furnish one copy of the supervision order to the juvenile, theparent, guardian or other fit person or fit institution, as the case may be,the sureties, if any, and the probation officer.
16. Order that may not be passed against juvenile
(1) Notwithstanding anything tothe contrary contained in any other law for the time being inforce, no juvenile in conflict with law shall be sentenced to death orlife imprisonment, or committed to prison in default of payment of fine or indefault of furnishing security:
Providedthat where a juvenile who has attained the age of sixteen years has committedan offence and the Board is satisfied that the offence committed is soserious in nature or that his conduct and behaviour havebeen such that it would not be in his interest or in the interestof other juvenile in a special home to send him to such special home andthat none of the other measures provided under this Act is suitable orsufficient, the Board may order the juvenile in conflictwith law to be kept in such place of safety and in such manner as it thinks fitand shall report the case for the order ofthe State Government.
(2) Onreceipt of a report from a Board under sub-section(1),the State Government may make such arrangement in respect of the juvenile as itdeems proper and may order such juvenile to be kept under protectivecustody at such place and on such conditions as it thinks fit:
Providedthat the period of detention so ordered shall notexceed the maximum period of imprisonment to which the juvenile could have beensentenced for the offence committed.
17. Proceeding under Chapter VIII of the Code of Criminal Procedure not competent against juvenile
Notwithstanding anything to the contrary contained in theCode of Criminal Procedure, 1973 (2 of 1974) noproceeding shall be instituted and no order shall bepassed against the juvenile under Chapter VIII of the said Code.
18. No joint proceeding of juvenile and person not a juvenile
(1) Notwithstanding anythingcontained in section 223 of the Code of Criminal Procedure,1973 (2 of 1974) or inany other law for the time being in force, no juvenile shall becharged with or tried for any offence together with a person who is not ajuvenile.
(2) If ajuvenile is accused of an offence for which under section 223 of theCode of Criminal Procedure, 1973 (2 of 1974) orany other law for the time being in force, such juvenile andany person who is not a juvenile would, but for the prohibition contained in sub-section(1),have been charged and tried together, the Board taking cognizance of thatoffence shall direct separate trials of the juvenile and the otherperson.
19. Removal of disqualification attaching to conviction
(1)Notwithstanding anything contained in any other law, a juvenile who hascommitted an offence and has been dealt with under the provisions of this Act shall notsuffer disqualification, if any, attaching to a conviction of an offence undersuch law.
(2) The Board shall makean order directing that the relevant records of such conviction shall beremoved after the expiry of the period of appeal or a reasonable period asprescribed under the rules, as the case may be.
20. Special provision in respect of pending cases
Notwithstanding anythingcontained in this Act, all proceedings in respect of a juvenile pending in anycourt in any area on the date on which this Act comes into force in that area, shall becontinued in that court as if this Act had not been passed and if the courtfinds that the juvenile has committed an offence, it shallrecord such finding and instead of passing any sentence in respect of thejuvenile, forward the juvenile to the Board which shall pass orders inrespect of that juvenile in accordance with the provisions of this Act as if ithad been satisfied on inquiry under this Act that a juvenile has committed theoffence.
21. Prohibition of publication of name, etc., of juvenile involved in any proceeding under the Act
(1) No report in any newspaper, magazine, news-sheetor visual media of any inquiry regarding a juvenile in conflictwith law under this Act shall disclose the name,address or school or any other particulars calculated tolead to the identification of the juvenile nor shall any picture of any suchjuvenile be published:
Providedthat for reasons to be recorded in writing the authority holding the inquirymay permit such disclosure, if in its opinion such disclosure is in theinterest of the juvenile.
(2) Anyperson contravening the provisions of sub-section(1) shallbe punishable with fine, which may extend to one thousand rupees.
22. Provision in respect of escaped juvenile
Notwithstanding anything to the contrary contained in any other lawfor the time being in force, any police officer may take charge without warrantof a juvenile in conflict with law who has escaped from a special home or anobservation home or from the care of a person under whom he was placed underthis Act, and shall be sent back to the special home or theobservation home or that person, as the case may be; and no proceeding shall beinstituted in respect of the juvenile by reason of such escape, but the specialhome, or the observation home or the person may, after giving the informationto the Board which passed the order in respect of thejuvenile, take such steps in respect of the juvenile as may be deemed necessaryunder the provisions of this Act.
23. Punishment for cruelty to juvenile or child
Whoever, having the actual chargeof, or control over, a juvenile or the child, assaults, abandons, exposes orwilfully neglects the juvenile or causes or procures him to beassaulted, abandoned, exposed or neglected in a manner likely to cause suchjuvenile or the child unnecessary mental or physical suffering shall bepunishable with imprisonment for a term which may extend to six months, orfine, or with both.
24. Employment of juvenile or child for begging
(1) Whoever employs or uses any juvenile or the childfor the purpose or causes any juvenile to beg shall be punishable withimprisonment for a term which may extend to three years and shall alsobe liable to fine.
(2) Whoever,having the actual charge of, or control over, a juvenile or the child abets thecommission of the offence punishable under sub-section (1), shall bepunishable with imprisonment for a term which may extend to one year and shall alsobe liable to fine.
25. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child
Whoever gives, or causes to begiven, to any juvenile or the child any intoxicating liquor in a public placeor any narcotic drug or psychotropic substance except upon the order of dulyqualified medical practitioner or in case of sickness shall bepunishable with imprisonment for a term which may extend to three years and shall alsobe liable to fine.
26. Exploitation of juvenile or child employee
Whoever ostensibly procures a juvenileor the child for the purpose of any hazardous employment keeps him inbondage and withholds his earnings or uses such earning for his ownpurposes shall be punishable with imprisonment for a termwhich may extend to three years and shall also be liable to fine.
27. Special offences
The offences punishable under sections23, 24, 25 and 26 shall becognizable.
28. Alternative punishment
Where an act or omission constitute an offence punishableunder this Act and also under any other Central or State Act, then,notwithstanding anything contained in any law for the time being in force, theoffender found guilty of such offences shall be liable to punishmentonly under such Act as provides for punishment which is greater in degree.
CHAPTER III. CHILD IN NEED OF CARE AND PROTECTION
29. Child Welfare Committee
(1) The State Government may, by notification in Official Gazette, constitute for every district or group of districts, specified in the notification, one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.
(3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be such as may be prescribed.
(4) The appointment of any member of the Committee may be terminated, after holding inquiry, by the State Government, if--
(i) he has been found guilty of misuse of power vested under this Act;
(ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.
30. Procedure, etc., in relation to Committee
(1) The Committee shall meet atsuch times and shall observe such rules of procedure in regard tothe transaction of business at its meetings, as may be prescribed.
(2) A childin need of care and protection may be produced before an individual member forbeing placed in safe custody or otherwise when the Committee isnot in session.
(3) In theevent of any difference of opinion among the members of the Committee at thetime of any interim decision, the opinion of the majority shallprevail but where there is no such majority the opinion of theChairperson shall prevail.
(4) Subject to theprovisions of sub-section (1), the Committee may act,notwithstanding the absence of any member of the Committee, and no order madeby the Committee shall be invalid by reason only of the absence of any memberduring any stage of the proceeding.
31. Powers of Committee
(1) The Committee shall have the final authorityto dispose of cases for the care, protection, treatment, development andrehabilitation of the children as well as to provide for their basic needs andprotection of human rights.
(2) Where aCommittee has been constituted for any area, such Committee shall,notwithstanding anything contained in any other law for the time being inforce but save as otherwise expressly provided in this Act, have the powerto deal exclusively with all proceedings under this Act relating to children inneed of care and protection.
32. Production before Committee
(1) Any child in need of care andprotection may be produced before the Committee by one of the followingpersons:--
(i)any police officer or special juvenile police unit or a designated policeofficer; (ii) any public servant;
(iii)childline, a registered voluntary organisation or by such othervoluntary organisation or an agency as may be recognised by the StateGovernment;
(iv)any social worker or a public spirited citizen authorised by the StateGovernment; or
(v)by the child himself.
(2) TheState Government may make rules consistent with this Act to provide for themanner of making the report to the police and to the Committee and the mannerof sending and entrusting the child to children's home pending the inquiry.
33. Inquiry
(1) On receipt of a report under section32, theCommittee or any police officer or special juvenile police unit or thedesignated police officer shall hold an inquiry in theprescribed manner and the Committee, on its own or on the report from anyperson or agency as mentioned in sub-section (1) ofsection 32, may pass an order to send the child to thechildren's home for speedy inquiry by a social worker or child welfare officer.
(2) Theinquiry under this section shall be completed within fourmonths of the receipt of the order or within such shorterperiod as may be fixed by the Committee:
Providedthat the time for the submission of the inquiry report may be extended bysuch period as the Committee may, having regard to the circumstances and forthe reasons recorded in writing, determine.
(3) Afterthe completion of the inquiry if the Committee is of the opinion that the saidchild has no family or ostensible support, it may allow the child to remain inthe children's home or shelter home till suitable rehabilitation is foundfor him or till he attains the age of eighteen years.
34. Children's homes
(1) The State Government mayestablish and maintain either by itself or in association with the voluntaryorganisations, children's homes, in every district or group of districts, asthe case may be, for the reception of child in need of care and protectionduring the pendency of any inquiry and subsequently for their care,treatment, education, training, development and rehabilitation.
(2) TheState Government may, by rules made under this Act, provide for the managementof children's homes including the standards and the nature of services to beprovided by them, and the circumstances under which, and the manner in which,the certification of a children's home or recognition to a voluntaryorganisation may be granted or withdrawn.
35. Inspection
(1) TheState Government may appoint inspection committees for the children's homes (hereinafterreferred to as the inspection committees) for the State, a district and city,as the case may be, for such period and for such purposes as may be prescribed.
(2) Theinspection committee of a State, district or of a city shallconsist of such number of representatives from the State Government, localauthority, Committee, voluntary organisations and such other medicalexperts and social workers as may be prescribed.
36. Social auditing
The Central Government or State Government may monitor andevaluate the functioning of the Children's homes at such period and throughsuch persons and institutions as may be specified by that Government.
37. Shelter homes
(1) The State Government may recognise, reputed andcapable voluntary organisations and provide them assistance to set up andadminister as many shelter homes for juveniles or children as may berequired.
(2) The shelterhomes referred in sub-section (1) shall function as drop-in-centresfor the children in the need of urgent support who have been brought to suchhomes through such persons as are referred to in sub-section (1) ofsection 32.
(3) As faras possible, the shelter homes shall have such facilities asmay be prescribed by the rules.
38. Transfer
(1) Ifduring the inquiry it is found that the child hails from the place outside thejurisdiction of the Committee, the Committee shall order thetransfer of the child to the competent authority having jurisdiction over theplace of residence of the child.
(2) Suchjuvenile or the child shall be escorted by the staff of the homein which he is lodged originally.
(3) TheState Government may make rules to provide for the travelling allowance to bepaid to the child.
39. Restoration
(1) Restoration of and protection to a child shall bethe prime objective of any children's home or the shelter home.
(2) Thechildren's home or a shelter home, as the case may be, shall takesuch steps as are considered necessary for the restoration of and protection toa child deprived of his family environment temporarily or permanentlywhere such child is under the care and protection of a children's home or a shelterhome, as the case may be.
(3) TheCommittee shall have the powers to restore any child in need ofcare and protection to his parent, guardian, fit person or fit institution,as the case may be, and give them suitable directions.
Explanation.--Forthe purposes of this section "restoration of child" meansrestoration to--
(a)parents;
(b)adopted parents;
(c)foster parents.
CHAPTER IV. REHABILITATION AND SOCIAL REINTEGRATION
40. Process of rehabilitation and social reintegration
The rehabilitation and socialreintegration of a child shall begin during the stay ofthe child in a children's home or special home and the rehabilitation andsocial reintegration of children shall be carried outalternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv)sending the child to an after-care organisation.
41. Adoption
(1) Theprimary responsibility for providing care and protection to children shall bethat of his family.
(2) Adoption shall beresorted to for the rehabilitation of such children as are orphaned, abandoned,neglected and abused through institutional and non-institutional methods.
(3) Inkeeping with the provisions of the various guidelines for adoption issued fromtime to time by the State Government, the Board shall beempowered to give children in adoption and carry out such investigations as arerequired for giving children in adoption in accordance with the guidelinesissued by the State Government from time to time in this regard.
(4) Thechildern's homes or the State Government run institutions for orphans shall berecognised as an adoption agencies both for scrutiny and placement of suchchildren for adoption in accordance with the guidelines issued under sub-section(3).
(5) No child shall beoffered for adoption--
(a)until two members of the Committee declare the child legallyfree for placement in the case of abandoned children,
(b)till the two months period for reconsideration by the parent is over in thecase of surrendered children, and
(c)without his consent in the case of a child who can understandand express his consent.
(6) The Board mayallow a child to be given in adoption--
(a)to a single parent, and
(b)to parents to adopt a child of same sex irrespective of the number of livingbiological sons or daughters.
42. Foster care
(1) The foster care may be usedfor temporary placement of those infants who are ultimately to be given foradoption.
(2) Infoster care, the child may be placed in another family for a short orextended period of time, depending upon the circumstances where the child's ownparent usually visit regularly and eventually after the rehabilitation, wherethe children may return to their own homes.
(3) TheState Government may make rules for the purposes of carrying out the scheme offoster care programme of children.
43. Sponsorship
(1) Thesponsorship programme may provide supplementary support to families, tochildren's homes and to special homes to meet medical,nutritional, educational and other needs of the childrenwith a view to improving their quality of life.
(2) TheState Government may make rules for the purposes of carrying out variousschemes of sponsorship of children, such as individual to individualsponsorship, group sponsorship or community sponsorship.
44. After-care organisation
The State Government may, by rules made under this Act, provide--
(a) for the establishment or recognition of after-care organisations and the functions that may be performed by them under this Act;
(b) for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industrious and useful life;
(c) for the preparation or submission of a report by the probation officer or any other officer appointed by that Government in respect of each juvenile or the child prior to his discharge from a special home, children's home, regarding the necessity and nature of after-care of such juvenile or of a child, the period of such after-care, supervision thereof and for the submission of report by the probation officer or any other officer appointed for the purpose, on the progress of each juvenile or the child;
(d) for the standards and the nature of services to be maintained by such after care organisations;
(e) for such other matters as may be necessary for the purpose of carrying out the scheme of after-care programme for the juvenile or the child:
Provided that any rule made under this section shall not provide for such juvenile or child to stay in the after-care organisation for more than three years:
Provided further that a juvenile or child over seventeen years of age but less than eighteen years of age would stay in the after-care organisation till he attains the age of twenty years.
45. Linkages and co-ordination
The State Government may make rules to ensureeffective linkages between various governmental, non-governmental, corporateand other community agencies for facilitating therehabilitation and social reintegration of the child.
CHAPTER V. MISCELLANEOUS
46. Attendance of parent or guardian of juvenile or child
Any competent authoritybefore which a juvenile or the child is brought under any of the provisions ofthis Act, may, whenever it so thinks fit, require any parent or guardian havingthe actual charge of or control over the juvenile or the child to be present atany proceeding in respect of the juvenile or the child.
47. Dispensing with attendance of juvenile or child
If, at any stage during thecourse of an inquiry, a competent authority is satisfied that the attendance ofthe juvenile or the child is not essential for the purpose of inquiry, thecompetent authority may dispense with his attendance and proceed withthe inquiry in the absence of the juvenile or the child.
48. Committal to approved place of juvenile or child suffering from dangerous diseases and his future disposal
(1) When a juvenile or the child who has been broughtbefore a competent authority under this Act, is found to be suffering from adisease requiring prolonged medical treatment or physicalor mental complaint that will respond to treatment, the competent authoritymay send the juvenile or the child to any place recognised to be an approvedplace in accordance with the rules made under this Act for such period as itmay think necessary for the required treatment.
(2) Where ajuvenile or the child is found to be suffering from leprosy, sexuallytransmitted disease, Hepatitis B, open cases of Tuberculosisand such other diseases or is of unsound mind, he shall bedealt with separately through various specialised referral services or underthe relevant laws as such.
49. Presumption and determination of age
(1) Where it appears to acompetent authority that person brought before it under any of the provisionsof this Act (otherwise than for the purpose of giving evidence) is a juvenileor the child, the competent authority shall make due inquiry so as tothe age of that person and for that purpose shall take such evidence as maybe necessary (but not an affidavit) and shall record a finding whetherthe person is a juvenile or the child or not, stating his age asnearly as may be.
(2) No order of acompetent authority shall be deemed to have become invalid merely byany subsequent proof that the person in respect of whomthe order has been made is not a juvenile or the child,and the age recorded by the competent authority to be the age of person sobrought before it, shall for the purpose of this Act, be deemed to bethe true age of that person.
50. Sending a juvenile or child outside jurisdiction
In the case of a juvenile orthe child, whose ordinary place of residence lies outside thejurisdiction of the competent authority before which he is brought, the competentauthority may, if satisfied after due inquiry that it is expedient so to do,send the juvenile or the child back to a relative or otherperson who is fit and willing to receive him at his ordinaryplace of residence and exercise proper care and control over him,notwithstanding that such place of residence is outside the jurisdiction of thecompetent authority; and the competent authority exercising jurisdiction overthe place to which the juvenile or the child is sent shall inrespect of any matter arising subsequently have the samepowers in relation to the juvenile or the child as if the original order hadbeen passed by itself.
51. Reports to be treated as confidential
The report of the probation officer orsocial worker considered by the competent authority shall betreated as confidential:
Providedthat the competent authority may, if it so thinks fit, communicate the substancethereof to the juvenile or the child or his parent or guardian and maygive such juvenile, or the child, parent or guardian an opportunity ofproducing such evidence as may be relevant to the matter stated in the report.
52. Appeals
(1) Subject tothe provisions of this section, any person aggrieved by an order madeby a competent authority under this Act may, within thirty days from the dateof such order, prefer an appeal to the Court of Session:
Providedthat the Court of Session may entertain the appeal after the expiry of the saidperiod of thirty days if it is satisfied that the appellant was prevented bysufficient cause from filing the appeal in time.
(2) Noappeal shall lie from--
(a)any order of acquittal made by theBoard inrespect of a juvenile alleged to have committed an offence; or
(b)any order made by a Committee in respect of a finding thata person is not a neglected juvenile.
(3) Nosecond appeal shall lie from any order of the Court of Sessionpassed in appeal under this section.
53. Revision
The High Courtmay, at any time, either of its own motion or on an application received inthis behalf, call for the record of any proceeding in which any competentauthority or Court of Session has passed an order for the purpose ofsatisfying itself as to the legality or propriety of any such order andmay pass such order in relation thereto as it thinks fit:
Providedthat the High Court shall not pass an orderunder this section prejudicial to any person without giving him areasonable opportunity of being heard.
54. Procedure in inquiries, appeals and revision proceedings
(1) Save as otherwise expressly provided bythis Act, a competent authority whileholding any inquiryunder any of the provisions of this Act, shall follow such procedure asmay be prescribed and subject thereto, shall follow, as far as may be,the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) fortrials in summons cases.
(2) Save as otherwiseexpressly provided by or under this Act, the procedure to be followed in hearingappeals or revision proceedings under this Act shall be, as far aspracticable, in accordance with the provisions of the Code of CriminalProcedure, 1973 (2 of 1974).
55. Power to amend orders
(1) Without prejudice to theprovisions for appeal and revision under this Act, any competent authority may,on an application received in this behalf, amend any order asto the institution to which a juvenile or the child is to be sent or as to theperson under whose care or supervision a juvenile or the child is to be placedunder this Act:
Providedthat there shall be at least two members and the parties or itsdefence present during the course of hearing for passing an amendment inrelation to any of its order.
(2) Clericalmistakes in orders passed by a competent authority or errorsarising therein from any accidental slip or omission may, at any time, becorrected by the competent authority either on its own motion or on anapplication received in this behalf.
56. Power of competent authority to discharge and transfer juvenile or child
Thecompetent authority or the local authority may, notwithstanding anythingcontained in this Act, at any time, order a child in need of careand protection or a juvenile in conflict with law to be discharged ortransferred from one children's home or special home to another,as the case may be, keeping in view the best interest of the child or thejuvenile, and his natural place of stay, either absolutely or onsuch conditions as it may think fit to impose:
Providedthat the total period of stay of the juvenile or the child in a childern's homeor a special home or a fit institution or under a fit person shall notbe increased by such transfer.
57. Transfer between children's homes, under the Act, and juvenile homes, of like nature in different parts of India
The State Government or the local authoritymay direct any child or the juvenile to be transferred from any children's homeor special home outside the State to any other children's home, specialhome or institution of a like nature with the prior intimation to the localCommittee or the Board, as the case may be, and such order shall bedeemed to be operative for the competent authority of the area to which thechild or the juvenile is sent.
58. Transfer of juvenile or child of unsound mind or suffering from leprosy or addicted to drugs
Whereit appears to the competent authority that any juvenile or the child kept in aspecial home or a children's home or shelter home or in aninstitution in pursuance of this Act, is suffering from leprosy or is ofunsound mind or is addicted to any narcotic drug or psychotropic substance,the competent authority may order hisremoval to a leper asylum or mental hospital or treatment centrefor drug addicts or to a place of safety for being keptthere for such period not exceeding the period for which he is required to bekept under the order of the competent authority or for such furtherperiod as may be certified by the medical officer necessary forthe proper treatment of the juvenile or the child.
59. Release and absence of juvenile or child on placement
(1) When a juvenile orthe child is kept in a children's home or special home and on a report of aprobation officer or social worker or of Government or a voluntaryorganisation, as the case may be, the competent authority may consider, therelease of such juvenile or the child permitting him to live with his parentor guardian or under the supervision of any authorised person named in the order,willing to receive and take charge of the juvenile or the child to educate andtrain him for some useful trade or calling or to look after him forrehabilitation.
(2) Thecompetent authority may also permit leave of absence to any juvenile or thechild, to allow him, on special occasions like examination, marriageof relatives, death of kith and kin or the accident or serious illness ofparent or any emergency of like nature, to go on leave under supervision, formaximum seven days, excluding the time taken in journey.
(3) Where apermission has been revoked or forfeited and the juvenile or the child refusesor fails to return to the home concerned or juvenile to which he was directedso to return, the Board may, if necessary, cause him to betaken charge of and to be taken back to the concerned home.
(4) The timeduring which a juvenile or the child is absent from a concerned home inpursuance of such permission granted under this section shall bedeemed to be part of the time for which he is liable to be kept in the specialhome:
Providedthat when a juvenile has failed to return to the special home on the permissionbeing revoked or forfeited, the time which elapses after hisfailure so to return shall be excluded in computing the time during whichhe is liable to be kept in the institution.
60. Contribution by parents
(1) The competent authority which makes an order for sending a juvenile or the child to a children's home or to a special home or placing the juvenile under the care of a fit person or fit institution may make an order requiring the parent or other person liable to maintain the juvenile or the child to contribute to his maintenance, if able to do so, in the prescribed manner according to income.
(2) The competent authority may direct, if necessary, the payment to be made to poor parent or guardian by the Superintendent or the Project Manager of the home to pay such expenses for the journey of the inmate or parent or guardian or both, from the home to his ordinary place of residence at the time of sending the juvenile as may be prescribed.
61. Fund
(1) TheState Government or local authority may create a Fund under such name as itthinks fit for the welfare and rehabilitation of the juvenile or the childdealt with under this Act.
(2) There shall becredited to the Fund such voluntary donations, contributions or subscriptionsas may be made by any individual or organisation.
(3) TheFund created under sub-section (1) shall be administered by theState advisory board in such manner and for such purposes as may be prescribed.
62. Central, State, district and city advisory boards
(1) The CentralGovernment or a State Government mayconstitute a Central or a State advisory board, as the case may be, to advisethat Government on matter relating to the establishment and maintenance of the homes,mobilisation of resources, provision of facilities for education, training andrehabilitation of child in need of care and protection and juvenile in conflictwith law and co-ordination among the various official and non-official agenciesconcerned.
(2) TheCentral or State advisory board shall consist of such personsas the Central Government or the State Government, as the case may be, maythink fit and shall include eminent social workers, representativesof voluntary organisation in the field of child welfare corporate sector,academicians, medical professionals and the concerned Department ofthe State Government.
(3) Thedistrict or city level inspection committee constituted under section 35 of thisAct shall also function as the district or city advisoryboard.
63. Special juvenile police unit
(1) In order toenable the police officers who frequently or exclusively deal with juveniles orare primarily engaged in the prevention of juvenile crime or handling of thejuveniles or children under this Act to perform their functions moreeffectively, they shall be specially instructed and trained.
(2) In everypolice station at least one officer with aptitude and appropriate training andorientation may be designated as the 'juvenile or the child welfare officer'who will handle the juvenile or the child in co-ordination with the police.
(3) Specialjuvenile police unit, of which all police officers designated as above, tohandle juveniles or children will be members, may be created inevery district and city to co-ordinate and to upgrade the police treatment ofthe juveniles and the children.
64. Juvenile in conflict with law undergoing sentence at commencement of this Act
Inany area in which this Act is brought into force, the State Government or thelocal authority may direct that a juvenile in conflict with law who isundergoing any sentence of imprisonment at the commencement of this Act, shall, inlieu of undergoing such sentence, be sent to a special home or be kept in fitinstitution in such manner as the StateGovernment or the local authority thinks fit for the remainder of the period ofthe sentence; and the provisions of this Act shall apply to the juvenile asif he had been ordered by theBoard to be sent to such specialhome or institution or, as the case may be, ordered to be kept underprotective care under sub-section (2) of section 16 of this Act.
65. Procedure in respect of bonds
Provisions of Chapter XXXIII of the Codeof Criminal Procedure, 1973 (2 of 1974) shall, asfar as may be, apply to bonds taken underthis Act.
66. Delegation of powers
The State Government may, by the general order,direct that any power exercisable by it under this Act shall, insuch circumstances and under such conditions, if any, as may be prescribed inthe order, be exercisable also by an officer subordinateto that Government or the local authority.
67. Protection of action taken in good faith
No suit or legal proceedings shall lieagainst the State Government or voluntary organisation running the home or anyofficer and the staff appointed in pursuance of this Act in respect of anythingwhich is in good faith done or intended to be done in pursuance of this Act orof any rules or order madethereunder.
68. Power to make rules
(1) The State Government may, by notification in theOfficial Gazette, make rules to carry out the purposes of this Act.
(2) Inparticular, and without prejudice to the generality of the foregoing powers,such rules may provide for all or any of the following matters, namely:--
(i)the term of office of the members of the Board andthe manner in which such member may resign under sub-section(4)of section 4;
(ii)the time of the meetings of theBoard and the rules of procedurein regard to the transaction of business at its meeting under sub-section(1)of section 5;
(iii)the management of observation homes including the standards and various typesof services to be provided by them and the circumstances in which and themanner in which, the certification of the observation home may be granted orwithdrawn and such other matters as are referred to in section8;
(iv)the management of special homes including the standards and various types ofservices to be provided by them and the circumstances in which and the mannerin which, the certification of the special home may be granted or withdrawn andsuch other matters as are referred to in section9;
(v)persons by whom any juvenile in conflict with law may be produced before the Board andthe manner of sending such juvenile, to an observation home under sub-section(2)of section 10;
(vi)matters relating to removal of disqualifications attaching to conviction of ajuvenile under section 19;
(vii)the qualifications of the Chairperson and members, and the tenure forwhich they may be appointed under sub-section (3) ofsection 29;
(viii)the time of the meetings of the Committee and the rules of procedurein regard to the transaction of business at its meeting under sub-section(1)of section 30;
(ix)the manner of making the report to the police and to the Committee and themanner of sending and entrusting the child to children's home pending theinquiry under sub-section (2) of section 32;
(x)the management of children's homes including the standards and nature ofservices to be provided by them, and the manner in which certification of achildren's home or recognition to a voluntary organisation may be granted orwithdrawn under sub-section (2) of section 34;
(xi)appointment of inspection committees for children's homes, their tenure andpurposes for which inspection committees may be appointed and such othermatters as are referred to in section 35;
(xii)facilities to be provided by the shelter homes under sub-section(3)of section 37;
(xiii)for carrying out the scheme of foster care programme of children under subsection(3)of section 42;
(xiv)for carrying out various schemes of sponsorship of children under sub-section(2)of section 43;
(xv)matters relating to after-care organisation under section 44;
(xvi)for ensuring effective linkages between various agencies for facilitatingrehabilitation and social integration of the child under section 45;
(xvii)the purposes and the manner in which the Fund shall be administered under sub-section(3)of section 61;
(xviii)any other matter which is required to be, or may be,prescribed.
(3) Everyrule made by a State Government under this Act shall be laid, as soon as maybe after it is made, before the Legislature of that State.
69. Repeal and savings
(1) The Juvenile Justice Act,1986 (53 of 1986) ishereby repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the saidAct shall be deemed to have been done or taken under thecorresponding provisions of thisAct.
70. Power to remove difficulties
(1) If any difficulty arises ingiving effect to the provisions of this Act, the Central Government may, by order, notinconsistent with the provisions of this Act, remove the difficulty:
Providedthat no such order shall be made after the expiryof the period of two years from the commencement of this Act.
(2) However, order madeunder the section shall be laid, as soon as may be after it is made,before each House of Parliament.
CHARTER
NATIONAL CHARTER FOR CHILDREN, 20031
The Government of India have had for consideration the question of adopting a National Charter for Children to reiterate its commitment to the cause of the children in order to see that no child remains hungry, illiterate or sick. After the consideration, it has been decided to adopt the National Charter for Children enunciated below,--
National Charter for Children, 2003--Whereas the Constitution of India enshrines both in Parts III and IV the cause and the best interest of children, insofar that:
The State can make special provisions for children, (Art. 15(3))
The State shall provide free and compulsory education to all children of the age of six to fourteen years, (Art. 21A)
No child below the age of 14 years shall be employed to work in a factory, mine or any other hazardous employment, (Art. 24)
The tender age of children is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Art. 39e), and that
Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that youth are protected against exploitation and against moral and material abandonment (Art. 39f),
The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years, (Art. 45)
Whereas it is a Fundamental Duty of a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years, (Art. 51A)
Whereas through the National Policy for Children, 1974, we are committed to providing for adequate services to children, both before and after birth and throughout the period of growth, to ensure their full physical, mental and social development,
Whereas we affirm that the best interest of children must be protected through combined action of the State, civil society, communities and families in their obligations in fulfilling children's basic needs,--
Whereas we also affirm that while State, Society, Community and Family have obligations towards children, these must be viewed in the context of intrinsic and attendant duties of children and inculcating in children a sound sense of values directed towards preserving and strengthening the Family, Society and the Nation.
And whereas we believe that by respecting the child, society is respecting itself,
Now, therefore, in accordance with our pledge in the National Agenda of Governance, the following National Charter for Children, 2003 is announced.
Underlying this Charter is our intent to secure for every child its inherent right to be a child and enjoy a healthy and happy childhood, to address the root causes that negate the healthy growth and development of children, and to awaken the conscience of the community in the wider societal context to protect children from all firms of abuse, while strengthening the family, society and the Nation.
1. Survival, Life and Liberty--(a) The State and community shall undertake all possible measures to ensure and protect the survival, life and liberty of all children.
(b) In particular, the State and community will undertake all appropriate measures to address the problems of infanticide and foeticide, especially of female child and all other emerging manifestations that deprive the girl child of her right to survive with dignity.
2. Promoting High Standards of Health and Nutrition--(a) The State shall take measures to ensure that all children enjoy the highest attainable standards of health, and provide for preventive and curative facilities at all levels especially immunisation and prevention of micronutrient deficiencies for all children.
(b) The State shall take measures to cover, under primary health facilities and specialised care and treatment, all children of families below the poverty line.
(c) The State shall take measures to provide adequate pre-natal and post-natal care form others along with immunization against preventable diseases.
(d) The State shall undertake measures to provide for a national plan that will ensure that the mental health of all children is protected.
(e) The State shall take steps to ensure protection of children from all practices that are likely to harm the child's physical and mental health.
3. The State shall take steps to provide all children from families below the poverty line with adequate supplementary nutrition and undertake adequate measures for ensuring access to safe drinking water and environmental sanitation and hygiene.
4. Assuring Basic Minimum Needs and Security--(a) The State recognizes that the basic minimum needs of every child must be met, that foster full development of the child's faculties.
(b) In order to ensure this, the State shall in partnership with the community provide social security for children, especially for abandoned children and street children.
(c) State and community shall try and remove the fundamental causes which result in abandoned children and children living on streets, and provide infrastructure and material support by way of shelter, education, nutrition and recreation.
5. Play and Leisure--The State and community shall recognize that all children require adequate play and leisure for their healthy development and must ensure means to provide for recreational facilities and services for children of all ages and social groups.
6. Early Childhood Care for Survival, Growth and Development--(a) The State shall in partnership with the community provide early childhood care for all children and encourage programmes which will stimulate and develop their physical and cognitive capacities.
(b) The State shall in partnership with the community aim at providing a child care centre in every village where infants and children of working mothers can be adequately cared for.
(c) The State will make special efforts to provide these facilities to children from SCs / STs and marginalised sections of society.
7. Free and Compulsory Primary Education--(a) The State recognises that all children shall have access to free and compulsory education. Education at the elementary level shall be provided free of cost and special incentives should be provided to ensure that children from disadvantaged social groups are enrolled, retained and participate in schooling.
(b) At the secondary level, the State shall provide access to education for all and provide supportive facilities from the disadvantaged groups.
(c) The State shall in partnership with the community ensure that all the educational institutions function efficiently and are able to reach universal enrolment, universal retention, universal participation and universal achievement.
(d) The State and community recognise that a child be educated in its mother tongue.
(e) The State shall ensure that education is child-oriented and meaningful. It shall also take appropriate measures to ensure that education is sensitive to the healthy development of the girl child and to children of varied cultural backgrounds.
(f) The State shall ensure that school discipline and matters related thereto do not result in physical, mental, psychological harm or trauma to the child.
(g) The Stale shall formulate special programmes to spot, identify, encourage and assist the gifted children for their development in the field of their excellence.
8. Protection from Economic Exploitation and All Forms of Abuse--(a) The State shall provide protection to children from economic exploitation and from performing tasks that are hazardous to their well-being.
(b) The State shall ensure that there is appropriate regulation of conditions of work in occupations and processes where children perform work of a non-hazardous nature and that their rights are protected.
(c) The State shall move towards a total ban of all forms of child labour.
9. (a) All children have a right to be protected against neglect, maltreatment, injury, trafficking, sexual and physical abuse of all kinds, corporal punishment, torture, exploitation, violence and degrading treatment.
(b) The State shall take legal action against those committing such violations against children even if they be legal guardians of such children.
(c) The State shall in partnership with the community set up mechanisms for identification, reporting, referral, investigation and follow-up of such acts, while respecting the dignity and privacy of the child.
(d) The State shall in partnership with the community take up steps to draw up plans for the identification, care, protection, counselling and rehabilitation of child victims and ensure that they are able to recover, physically, socially and psychologically, and re-integrate into society.
10. (a) The State shall take strict measures to ensure that children are not used in the conduct of any illegal activity, namely, trafficking of narcotic drugs and psychotropic substances, begging, prostitution, pornography or violence. The State in partnership with the community shall ensure that such children are rescued and immediately placed under appropriate care and protection.
(b) The State and community shall ensure protection of children in distress for their welfare and all round development.
(c) The State and community shall ensure protection of children during the occurrence of natural calamities in their best interest.
11. Protection of the Girl Child--(a) The State and community shall ensure that crimes and atrocities committed against the girl child, including child marriage, discriminatory practices, forcing girls into prostitution and trafficking are speedily eradicated.
(b) The State shall in partnership with the community undertake measures, including social, educational and legal, to ensure that there is greater respect for the girl child in the family and society.
(c) The State shall take serious measures to ensure that the practice of child marriage is speedily abolished.
12. Empowering Adolescents--The State and community shall take all steps to provide the necessary education and skills to adolescent children so as to equip them to become economically productive citizens. Special programmes will be undertaken to improve the health and nutritional status of the adolescent girl.
13. Equality, Freedom of Expression, Freedom to Seek and Receive Information, Freedom of Association and Peaceful Assembly--The State and community shall ensure that all children are treat edequally without discrimination on grounds of the child's or the child's parents or legal guardian's race, colour, caste, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, birth, political status, or any other consideration.
14. All children shall be given every opportunity for all round development of their personality, including expression of creativity.
15.(a) Every child shall have the freedom to seek and receive information and ideas. The State and community shall provide opportunities for the child to access information that will contribute to the child's development.
(b) The State and community shall undertake special measures to ensure that the linguistic needs of children are taken care of and encourage the production and dissemination of child-friendly information and material in various forms.
(c) The State and community shall be responsible for formulating guidelines for the mass media in order to ensure that children are protected from material injuries to their well-being.
16. All children shall enjoy freedom of association and peaceful assembly, subject to reasonable restrictions and in conformity with social and family values.
17. Strengthening Family--(a) Every child has a right to a family. In case of separation of children from their families, the State shall ensure that priority is given to re-unifying the child with its parents. In cases where the State perceives adverse impact of such a re-unification, the State shall make alternate arrangements immediately, keeping in mind the best interests and the views of the child.
(b) All children have a right to maintain contact with their families, even when they are within the custody of the State for various reasons.
(c) The State shall undertake measures to ensure that children without families are either placed for adoption, preferably intra-country adoption, or foster care or any other family substitute services.
(d) The State shall ensure that appropriate rules with respect to the implementation of such services are drafted in a manner that are in the best interest of the child and that regulatory bodies are set up to ensure the strict enforcement of these rules.
(e) All children shall have the right to meet their parents and other family members who may be in custody.
18. Responsibilities of Both Parents--The State recognizes the common responsibilities of both parents in rearing their children.
19. Protection of Children with Disabilities--(a) The State and community recognise that all children with disabilities must be helped to lead a full life with dignity and respect. All measures would be undertaken to ensure that children with disabilities are encouraged to be integrated into the mainstream society and actively participate in all walks of life.
(b) State and community shall also provide for their education, training, health care, rehabilitation, recreation in a manner that will contribute to their overall growth and development.
(c) State and community shall launch preventive programmes against disabilities and early detection of disabilities so as to ensure that the families with disabled children receive adequate support and assistance in bringing up their children.
(d) The State shall encourage research and development in the field of prevention, treatment and rehabilitation of various forms of disabilities.
20. Care, Protection, Welfare of Children of Marginalized and Disadvantaged Communities.--The State and community shall provide care, protect and ensure the welfare of children from marginalized and disadvantaged communities, support them in preserving their identity, and encourage them to adopt practices that promote their best interest.
21. The State recognises that children from disadvantaged communities and weaker/vulnerable sections of the society are in need of special interventions and support in all matters pertaining to education, health, recreation and supportive services. It shah make adequate provisions for providing such groups with special attention in all its policies and programmes.
22. Ensuring Child Friendly Procedures--All matters and procedures relating to children, viz., judicial, administrative, educational or social, should be child friendly. All procedures laid down under the juvenile justice system for children in conflict with law and for children in need of special care and protection shall also be child-friendly.
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Resolution No. 6-15/98-C.W., Dated 9-2-2004, Issued by Ministry of Human Resource Development.
Repealing Act 1 - JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
[Act, No. 56 of 2000]
[30th December, 2000]
PREAMBLE
An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment.
Whereas the Constitution has, in several provisions, including clause (3) of article 15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected;
And Whereas, the General Assembly of the United Nations has adopted the Convention on the Rights of the Child on the 20th November, 1989;
And Whereas, the Convention on the Rights of the Child has prescribed a set of standards to be adhered to by all State parties in securing the best interests of the child;
And Whereas, the Convention on the Rights of the Child emphasises social reintegration of child victims, to the extent possible, without resorting to judicial proceedings;
And Whereas, the Government of India has ratified the Convention on the 11th December, 1992.
And Whereas, it is expedient to re-enact the existing law relating to juveniles bearing in mind the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), and all other relevant international instruments.
Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--
CHAPTER I. PRELIMINARY
1. Short title, extent and commencement
(1) ThisAct may be called the Juvenile Justice(Care and Protection of Children) Act, 2000.
(2) Itextends to the whole of India except the State of Jammu and Kashmir.
(3) It shall comeinto force on such date1 as the Central Government may,by notification in the Official Gazette, appoint.
____________________
1. Cameinto force on 1-4-2001, vide S.O. 177(E),dated 28th February, 2001, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 28thFebruary, 2001.
2. Definitions
In this Act, unless the context otherwise requires,--
(a) "advisory board" means a Central or a State advisory board or a district and city level advisory board, as the case may be, constituted under section 62;
(b) "begging" means--
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(c) "Board" means a Juvenile Justice Board constituted under section 4;
(d) "child in need of care and protection" means a child--
(i) who is found without any home or settled place or abode and without any ostensible means of subsistence,
(ii) who resides with a person (whether a guardian of the child or not) and such person--
(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or
(b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person,
(iii) who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after,
(iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child,
(v) who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is missing and run away child and whose parents cannot be found after reasonable injury,
(vi) who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts,
(vii) who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
(viii) who is being or is likely to be abused for unconscionable gains, (ix) who is victim of any armed conflict, civil commotion or natural calamity;
(e) "children's home" means an institution established by a State Government or by voluntary organisation and certified by that Government under section 34;
(f) "Committee" means a Child Welfare Committee constituted under section 29;
(g) "competent authority" means in relation to children in need of care and protection a Committee and in relation to juveniles in conflict with law a Board;
(h) "fit institution" means a governmental or a registered non-governmental organisation or a voluntary organisation prepared to own the responsibility of a child and such organisation is found fit by the competent authority;
(i) "fit person" means a person, being a social worker or any other person, who is prepared to own the responsibility of a child and is found fit by the competent authority to receive and take care of the child;
(j) "guardian", in relation to a child, means his natural guardian or any other person having the actual charge or control over the child and recognised by the competent authority as a guardian in course of proceedings before that authority;
(k) "juvenile" or "child" means a person who has not completed eighteenth year of age;
(l) "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;
(m) "local authority" means Panchayats at the village and Zila Parishad at the district level and shall also include a Municipal Committee or Corporation or a Cantonment Board or such other body legally entitled to function as local authority by the Government;
(n) "narcotic drug" and "psychotropic substance" shall have the meanings respectively assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(o) "observation home" means a home established by a State Government or by a voluntary organisation and certified by that State Government under section 8 as an observation home for the juvenile in conflict with law;
(p) "offence" means an offence punishable under any law for the time being in force;
(q) "place of safety" means any place or institution (not being a police lock-up or jail), the person incharge of which is willing temporarily to receive and take care of the juvenile and which, in the opinion of the competent authority, may be a place of safety for the juvenile;
(r) "prescribed" means prescribed by rules made under this Act;
(s) "probation officer" means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958);
(t) "public place" shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
(u) "shelter home" means a home or a drop-in-centre set up under section 37;
(v) "special home" means an institution established by a State Government or by a voluntary organisation and certified by that Government under section 9;
(w) "special juvenile police unit" means a unit of the police force of a State designated for handling of juveniles or children under section 63;
(x) "State Government", in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;
(y) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in that Code.
3. Continuation of inquiry in respect of juvenile who has ceased to be a juvenile
Wherean inquiry has been initiated against a juvenile in conflict with law or achild in need of care and protection and during the course of such inquiry thejuvenile or the child ceases to be such, then, notwithstanding anythingcontained in this Act or in any other law for the time being inforce, the inquiry may be continued and orders may be made in respectof such person as if such person had continued to be a juvenile or a child.
CHAPTER II. JUVENILE IN CONFLICT WITH LAW
4. Juvenile Justice Board
(1) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1973 (2 of 1974), theState Government may, by notification in the Official Gazette, constitute for adistrict or a group of districts specified in the notification, one or moreJuvenile Justice Boards for exercising the powers and discharging theduties conferred or imposed on such Boards in relation to juvenilesin conflict with law under this Act.
(2) A Board shallconsist of a Metropolitan Magistrate or a Judicial Magistrate of the firstclass, as the case may be, and two social workers of whom at least one shall be awoman, forming a Bench and every suchBench shall havethe powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on aMetropolitan Magistrate or, as the case may be, a Judicial Magistrate of thefirst class and the Magistrate on the Board shall bedesignated as the principal Magistrate.
(3) NoMagistrate shall be appointed as a member of the Boardunless he has special knowledge or training in child psychology or childwelfare and no social worker shall be appointed as a member ofthe Board unless he has been actively involved inhealth, education, or welfare activities pertaining to children for at leastseven years.
(4) The termof office of the members of theBoard and the manner in whichsuch member may resign shall be such as may beprescribed.
(5) Theappointment of any member of theBoard may be terminated afterholding inquiry, by the Sate Government, if--
(i)he has been found guilty of misuse of power vested under this Act,
(ii)he has been convicted of an offence involving moral turpitude, and suchconviction has not been reversed or he has not been granted full pardon inrespect of such offence,
(iii)he fails to attend the proceedings of the Board for consecutive threemonths without any valid reason or he fails to attend less than three-fourth ofthe sittings in a year.
5. Procedure, etc., in relation to Board
(1) The Board shall meet atsuch times and shall observe such rules of procedure in regard tothe transaction of business at its meetings, as may be prescribed.
(2) A childin conflict with law may be produced before an individual member ofthe Board, when theBoard is not sitting.
(3) A Board mayact notwithstanding the absence of any member of the Board, andno order made by the Board shall beinvalid by reason only of the absence of any member during any stage ofproceedings:
Providedthat there shall be at least two members including the principalMagistrate present at the time of final disposal of the case.
(4) In theevent of any difference of opinion among the members of the Board inthe interim or final disposition, the opinion of the majority shallprevail, but where there is no such majority, the opinion of theprincipal Magistrate shall prevail.
6. Powers of Juvenile Justice Board
(1) Where a Board hasbeen constituted for any district or a group of districts, such Board shall,notwithstanding anything contained in any other law for the time being inforce but save as otherwise expressly provided in this Act, have power todeal exclusively with all proceedings under this Act relating to juvenile inconflict with law.
(2) Thepowers conferred on the Board by or under this Act mayalso be exercised by the High Court and the Court ofSession, when the proceeding comes before them in appeal, revision or otherwise.
7. Procedure to be followed by a Magistrate not empowered under the Act
(1) When any Magistrate notempowered to exercise the powers of a Board under this Act is of theopinion that a person brought before him under any of the provisionsof this Act (other than for the purpose of giving evidence), is a juvenile orthe child, he shall without any delay record such opinion andforward the juvenile or the child and the record of the proceeding to thecompetent authority having jurisdiction over the proceeding.
(2) Thecompetent authority to which the proceeding is forwarded under sub-section(1) shall holdthe inquiry as if the juvenile or the child had originally been brought beforeit.
8. Observation homes
(1) Any State Government may establish and maintaineither by itself or under an agreement with voluntary organisations,observation homes in every district or a group of districts, as may be requiredfor the temporary reception of any juvenile in conflict with law during thependency of any inquiry regarding them under this Act.
(2) Wherethe State Government is of opinion that any institution other thana home established or maintained under sub-section (1), is fitfor the temporary reception of juvenile in conflict with law during thependency of any inquiry regarding them under this Act, it may certify suchinstitution as an observation home for the purposes of this Act.
(3) TheState Government may, by rules made under this Act, provide for the managementof observation homes, including the standards and various types of services tobe provided by them for rehabilitation and social integration of a juvenile,and the circumstances under which, and the manner in which, the certificationof an observation home may be granted or withdrawn.
(4) Everyjuvenile who is not placed under the charge of parent or guardian and is sentto an observation home shall be initially kept in a reception unit of theobservation home for preliminary inquiries, care and classification forjuveniles according to his age group, such as seven to twelve years, twelveto sixteen years and sixteen to eighteen years, giving due considerations tophysical and mental status and degree of the offence committed,for further induction into observation home.
9. Special homes
(1) AnyState Government may establish and maintain either by itself or under anagreement with voluntary organisations, special homes in every district or agroup of districts, as may be required for reception and rehabilitation ofjuvenile in conflict with law under this Act.
(2) Wherethe State Government is of opinion that any institution other thana home established or maintained under sub-section (1), is fitfor the reception of juvenile in conflict with law to be sent there under thisAct, it may certify such institution as a special home for the purposes of thisAct.
(3) TheState Government may, by rules made under this Act, provide for the managementof special homes, including the standards and various types of services to beprovided by them which are necessary for re-socialisation of a juvenile, andthe circumstances under which, and the manner in which, the certification of aspecial home may be granted or withdrawn.
(4) Therules made under sub-section (3) may also provide for theclassification and separation of juvenile in conflict with law on the basis ofage and the nature of offences committed by them and his mental andphysical status.
10. Apprehension of juvenile in conflict with law
(1) As soon as a juvenile inconflict with law is apprehended by police, he shall be placed under thecharge of the specialjuvenile police unit or the designated police officer who shallimmediately report the matter to a member of the Board.
(2) TheState Government may make rules consistent with this Act,--
(i)to provide for persons through whom (including registered voluntaryorganisations) any juvenile in conflict with law may be produced before the Board;
(ii)to provide the manner in which such juvenile may be sent to an observationhome.
11. Control of custodian over juvenile
Any person in whose charge a juvenile isplaced in pursuance of this Act shall, while the order isin force have the control over the juvenile as he would have if he were hisparents, and shall be responsible for hismaintenance, and the juvenile shall continue in his chargefor the period stated by competent authority, notwithstanding that he isclaimed by his parents or any other person.
12. Bail of juvenile
(1) When anyperson accused of a bailable or non-bailable offence, and apparently ajuvenile, is arrested or detained or appears or is brought before a Board, suchperson shall, notwithstanding anything contained in the Codeof Criminal Procedure, 1973 (2 of 1974) or inany other law for the time being in force, be released onbail with or without surety but he shall not be so released ifthere appear reasonable grounds for believing that the release is likely tobring him into association with any known criminal orexpose him to moral, physical or psychological danger orthat his release would defeat the ends of justice.
(2) Whensuch person having been arrested is not released on bail under sub-section(1)by the officer incharge of the police station, such officer shallcause him to be kept only in an observation home in theprescribed manner until he can be brought before a Board.
(3) Whensuch person is not released on bail under sub-section (1) by the Board it shall,instead of committing him to prison, make an order sending him to anobservation home or a place of safety for such period during the pendency ofthe inquiry regarding him as may be specified in the order.
13. Information to parent, guardian or probation officer
Where a juvenile is arrested,the officer incharge of the police station or the special juvenile police unitto which the juvenile is brought shall, as soon as may be afterthe arrest, inform--
(a)the parent or guardian of the juvenile, if he can be found of such arrest and direct him to bepresent at the Board before which the juvenile will appear; and
(b)the probation officer of such arrest to enable him to obtain informationregarding the antecedents and family background of the juvenile and othermaterial circumstances likely to be of assistance to the Board formaking the inquiry.
14. Inquiry by Board regarding juvenile
Where a juvenile having been charged with theoffence is produced before a Board, the Board shall holdthe inquiry in accordance with the provisions of this Act and may make such order inrelation to the juvenile as it deems fit:
Providedthat an inquiry under this section shall be completed within aperiod of four months from the date of its commencement, unless the period isextended by the Board having regard to the circumstances of the caseand in special cases after recording the reasons in writing for such extension.
15. Order that may be passed regarding juvenile
(1) Where a Board issatisfied on inquiry that a juvenile has committed an offence, then,notwithstanding anything to the contrary contained in any other lawfor the time being in force, the Board may, if it so thinksfit,--
(a)allow the juvenile to go home after advice or admonition following appropriateinquiry against and counselling to the parent or the guardian and the juvenile;
(b)direct the juvenile to participate in group counselling and similar activities;
(c)order the juvenile to perform community service;
(d)order the parent of the juvenile or the juvenile himself topay a fine, if he is over fourteen years of age and earns money;
(e)direct the juvenile to be released on probation of good conduct and placedunder the care of any parent, guardian or other fit person, on suchparent, guardian or other fit person executing a bond, with or withoutsurety, as the Board may require, for the good behaviour andwell-being of the juvenile for any period not exceeding three years;
(f)direct the juvenile to be released on probation of good conduct and placedunder the care of any fit institution for the good behaviour and well-being ofthe juvenile for any period not exceeding three years;
(g)make an order directing the juvenile to be sent to a specialhome,--
(i)in the case of juvenile, over seventeen years but less than eighteen years ofage for a period of not less than two years;
(ii)in case of any other juvenile for the period until he ceases to be ajuvenile:
Providedthat the Board may, if it is satisfied that having regard tothe nature of the offence and the circumstances of the case it is expedient soto do, for reasons to be recorded, reduce the period of stay to such period asit thinks fit.
(2) The Board shallobtain the social investigation report on juvenile either through a probationofficer or a recognised voluntary organisation or otherwise, and shall takeinto consideration the findings of such report before passing an order.
(3) Where an orderunder clause (d), clause (e) or clause (f) of sub-section (1) is made,the Board may, if it is of opinion that in the interestsof the juvenile and of the public, it is expedient so to do, in addition makean order that the juvenile in conflict with law shallremain under the supervision of a probation officer named in the orderduring such period, not exceeding three years as may be specified therein, andmay in such supervision order impose such conditions asit deems necessary for the due supervision of the juvenile in conflict withlaw:
Providedthat if at any time afterwards it appears to the Board on receiving a report fromthe probation officer or otherwise, that the juvenile inconflict with law has not been of good behaviour during the period ofsupervision or that the fit institution under whose care the juvenile wasplaced is no longer able or willing to ensure the good behaviour and well-beingof the juvenile it may, after making such inquiry as it deems fit, order thejuvenile in conflict with law to be sent to a special home.
(4) The Board shallwhile making a supervision order under sub-section(3),explain to the juvenile and the parent, guardian or other fitperson or fit institution, as the case may be, under whose care the juvenilehas been placed, the terms and conditions of the order and shallforthwith furnish one copy of the supervision order to the juvenile, theparent, guardian or other fit person or fit institution, as the case may be,the sureties, if any, and the probation officer.
16. Order that may not be passed against juvenile
(1) Notwithstanding anything tothe contrary contained in any other law for the time being inforce, no juvenile in conflict with law shall be sentenced to death orlife imprisonment, or committed to prison in default of payment of fine or indefault of furnishing security:
Providedthat where a juvenile who has attained the age of sixteen years has committedan offence and the Board is satisfied that the offence committed is soserious in nature or that his conduct and behaviour havebeen such that it would not be in his interest or in the interestof other juvenile in a special home to send him to such special home andthat none of the other measures provided under this Act is suitable orsufficient, the Board may order the juvenile in conflictwith law to be kept in such place of safety and in such manner as it thinks fitand shall report the case for the order ofthe State Government.
(2) Onreceipt of a report from a Board under sub-section(1),the State Government may make such arrangement in respect of the juvenile as itdeems proper and may order such juvenile to be kept under protectivecustody at such place and on such conditions as it thinks fit:
Providedthat the period of detention so ordered shall notexceed the maximum period of imprisonment to which the juvenile could have beensentenced for the offence committed.
17. Proceeding under Chapter VIII of the Code of Criminal Procedure not competent against juvenile
Notwithstanding anything to the contrary contained in theCode of Criminal Procedure, 1973 (2 of 1974) noproceeding shall be instituted and no order shall bepassed against the juvenile under Chapter VIII of the said Code.
18. No joint proceeding of juvenile and person not a juvenile
(1) Notwithstanding anythingcontained in section 223 of the Code of Criminal Procedure,1973 (2 of 1974) or inany other law for the time being in force, no juvenile shall becharged with or tried for any offence together with a person who is not ajuvenile.
(2) If ajuvenile is accused of an offence for which under section 223 of theCode of Criminal Procedure, 1973 (2 of 1974) orany other law for the time being in force, such juvenile andany person who is not a juvenile would, but for the prohibition contained in sub-section(1),have been charged and tried together, the Board taking cognizance of thatoffence shall direct separate trials of the juvenile and the otherperson.
19. Removal of disqualification attaching to conviction
(1)Notwithstanding anything contained in any other law, a juvenile who hascommitted an offence and has been dealt with under the provisions of this Act shall notsuffer disqualification, if any, attaching to a conviction of an offence undersuch law.
(2) The Board shall makean order directing that the relevant records of such conviction shall beremoved after the expiry of the period of appeal or a reasonable period asprescribed under the rules, as the case may be.
20. Special provision in respect of pending cases
Notwithstanding anythingcontained in this Act, all proceedings in respect of a juvenile pending in anycourt in any area on the date on which this Act comes into force in that area, shall becontinued in that court as if this Act had not been passed and if the courtfinds that the juvenile has committed an offence, it shallrecord such finding and instead of passing any sentence in respect of thejuvenile, forward the juvenile to the Board which shall pass orders inrespect of that juvenile in accordance with the provisions of this Act as if ithad been satisfied on inquiry under this Act that a juvenile has committed theoffence.
21. Prohibition of publication of name, etc., of juvenile involved in any proceeding under the Act
(1) No report in any newspaper, magazine, news-sheetor visual media of any inquiry regarding a juvenile in conflictwith law under this Act shall disclose the name,address or school or any other particulars calculated tolead to the identification of the juvenile nor shall any picture of any suchjuvenile be published:
Providedthat for reasons to be recorded in writing the authority holding the inquirymay permit such disclosure, if in its opinion such disclosure is in theinterest of the juvenile.
(2) Anyperson contravening the provisions of sub-section(1) shallbe punishable with fine, which may extend to one thousand rupees.
22. Provision in respect of escaped juvenile
Notwithstanding anything to the contrary contained in any other lawfor the time being in force, any police officer may take charge without warrantof a juvenile in conflict with law who has escaped from a special home or anobservation home or from the care of a person under whom he was placed underthis Act, and shall be sent back to the special home or theobservation home or that person, as the case may be; and no proceeding shall beinstituted in respect of the juvenile by reason of such escape, but the specialhome, or the observation home or the person may, after giving the informationto the Board which passed the order in respect of thejuvenile, take such steps in respect of the juvenile as may be deemed necessaryunder the provisions of this Act.
23. Punishment for cruelty to juvenile or child
Whoever, having the actual chargeof, or control over, a juvenile or the child, assaults, abandons, exposes orwilfully neglects the juvenile or causes or procures him to beassaulted, abandoned, exposed or neglected in a manner likely to cause suchjuvenile or the child unnecessary mental or physical suffering shall bepunishable with imprisonment for a term which may extend to six months, orfine, or with both.
24. Employment of juvenile or child for begging
(1) Whoever employs or uses any juvenile or the childfor the purpose or causes any juvenile to beg shall be punishable withimprisonment for a term which may extend to three years and shall alsobe liable to fine.
(2) Whoever,having the actual charge of, or control over, a juvenile or the child abets thecommission of the offence punishable under sub-section (1), shall bepunishable with imprisonment for a term which may extend to one year and shall alsobe liable to fine.
25. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child
Whoever gives, or causes to begiven, to any juvenile or the child any intoxicating liquor in a public placeor any narcotic drug or psychotropic substance except upon the order of dulyqualified medical practitioner or in case of sickness shall bepunishable with imprisonment for a term which may extend to three years and shall alsobe liable to fine.
26. Exploitation of juvenile or child employee
Whoever ostensibly procures a juvenileor the child for the purpose of any hazardous employment keeps him inbondage and withholds his earnings or uses such earning for his ownpurposes shall be punishable with imprisonment for a termwhich may extend to three years and shall also be liable to fine.
27. Special offences
The offences punishable under sections23, 24, 25 and 26 shall becognizable.
28. Alternative punishment
Where an act or omission constitute an offence punishableunder this Act and also under any other Central or State Act, then,notwithstanding anything contained in any law for the time being in force, theoffender found guilty of such offences shall be liable to punishmentonly under such Act as provides for punishment which is greater in degree.
CHAPTER III. CHILD IN NEED OF CARE AND PROTECTION
29. Child Welfare Committee
(1) The State Government may, by notification in Official Gazette, constitute for every district or group of districts, specified in the notification, one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.
(3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be such as may be prescribed.
(4) The appointment of any member of the Committee may be terminated, after holding inquiry, by the State Government, if--
(i) he has been found guilty of misuse of power vested under this Act;
(ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.
30. Procedure, etc., in relation to Committee
(1) The Committee shall meet atsuch times and shall observe such rules of procedure in regard tothe transaction of business at its meetings, as may be prescribed.
(2) A childin need of care and protection may be produced before an individual member forbeing placed in safe custody or otherwise when the Committee isnot in session.
(3) In theevent of any difference of opinion among the members of the Committee at thetime of any interim decision, the opinion of the majority shallprevail but where there is no such majority the opinion of theChairperson shall prevail.
(4) Subject to theprovisions of sub-section (1), the Committee may act,notwithstanding the absence of any member of the Committee, and no order madeby the Committee shall be invalid by reason only of the absence of any memberduring any stage of the proceeding.
31. Powers of Committee
(1) The Committee shall have the final authorityto dispose of cases for the care, protection, treatment, development andrehabilitation of the children as well as to provide for their basic needs andprotection of human rights.
(2) Where aCommittee has been constituted for any area, such Committee shall,notwithstanding anything contained in any other law for the time being inforce but save as otherwise expressly provided in this Act, have the powerto deal exclusively with all proceedings under this Act relating to children inneed of care and protection.
32. Production before Committee
(1) Any child in need of care andprotection may be produced before the Committee by one of the followingpersons:--
(i)any police officer or special juvenile police unit or a designated policeofficer; (ii) any public servant;
(iii)childline, a registered voluntary organisation or by such othervoluntary organisation or an agency as may be recognised by the StateGovernment;
(iv)any social worker or a public spirited citizen authorised by the StateGovernment; or
(v)by the child himself.
(2) TheState Government may make rules consistent with this Act to provide for themanner of making the report to the police and to the Committee and the mannerof sending and entrusting the child to children's home pending the inquiry.
33. Inquiry
(1) On receipt of a report under section32, theCommittee or any police officer or special juvenile police unit or thedesignated police officer shall hold an inquiry in theprescribed manner and the Committee, on its own or on the report from anyperson or agency as mentioned in sub-section (1) ofsection 32, may pass an order to send the child to thechildren's home for speedy inquiry by a social worker or child welfare officer.
(2) Theinquiry under this section shall be completed within fourmonths of the receipt of the order or within such shorterperiod as may be fixed by the Committee:
Providedthat the time for the submission of the inquiry report may be extended bysuch period as the Committee may, having regard to the circumstances and forthe reasons recorded in writing, determine.
(3) Afterthe completion of the inquiry if the Committee is of the opinion that the saidchild has no family or ostensible support, it may allow the child to remain inthe children's home or shelter home till suitable rehabilitation is foundfor him or till he attains the age of eighteen years.
34. Children's homes
(1) The State Government mayestablish and maintain either by itself or in association with the voluntaryorganisations, children's homes, in every district or group of districts, asthe case may be, for the reception of child in need of care and protectionduring the pendency of any inquiry and subsequently for their care,treatment, education, training, development and rehabilitation.
(2) TheState Government may, by rules made under this Act, provide for the managementof children's homes including the standards and the nature of services to beprovided by them, and the circumstances under which, and the manner in which,the certification of a children's home or recognition to a voluntaryorganisation may be granted or withdrawn.
35. Inspection
(1) TheState Government may appoint inspection committees for the children's homes (hereinafterreferred to as the inspection committees) for the State, a district and city,as the case may be, for such period and for such purposes as may be prescribed.
(2) Theinspection committee of a State, district or of a city shallconsist of such number of representatives from the State Government, localauthority, Committee, voluntary organisations and such other medicalexperts and social workers as may be prescribed.
36. Social auditing
The Central Government or State Government may monitor andevaluate the functioning of the Children's homes at such period and throughsuch persons and institutions as may be specified by that Government.
37. Shelter homes
(1) The State Government may recognise, reputed andcapable voluntary organisations and provide them assistance to set up andadminister as many shelter homes for juveniles or children as may berequired.
(2) The shelterhomes referred in sub-section (1) shall function as drop-in-centresfor the children in the need of urgent support who have been brought to suchhomes through such persons as are referred to in sub-section (1) ofsection 32.
(3) As faras possible, the shelter homes shall have such facilities asmay be prescribed by the rules.
38. Transfer
(1) Ifduring the inquiry it is found that the child hails from the place outside thejurisdiction of the Committee, the Committee shall order thetransfer of the child to the competent authority having jurisdiction over theplace of residence of the child.
(2) Suchjuvenile or the child shall be escorted by the staff of the homein which he is lodged originally.
(3) TheState Government may make rules to provide for the travelling allowance to bepaid to the child.
39. Restoration
(1) Restoration of and protection to a child shall bethe prime objective of any children's home or the shelter home.
(2) Thechildren's home or a shelter home, as the case may be, shall takesuch steps as are considered necessary for the restoration of and protection toa child deprived of his family environment temporarily or permanentlywhere such child is under the care and protection of a children's home or a shelterhome, as the case may be.
(3) TheCommittee shall have the powers to restore any child in need ofcare and protection to his parent, guardian, fit person or fit institution,as the case may be, and give them suitable directions.
Explanation.--Forthe purposes of this section "restoration of child" meansrestoration to--
(a)parents;
(b)adopted parents;
(c)foster parents.
CHAPTER IV. REHABILITATION AND SOCIAL REINTEGRATION
40. Process of rehabilitation and social reintegration
The rehabilitation and socialreintegration of a child shall begin during the stay ofthe child in a children's home or special home and the rehabilitation andsocial reintegration of children shall be carried outalternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv)sending the child to an after-care organisation.
41. Adoption
(1) Theprimary responsibility for providing care and protection to children shall bethat of his family.
(2) Adoption shall beresorted to for the rehabilitation of such children as are orphaned, abandoned,neglected and abused through institutional and non-institutional methods.
(3) Inkeeping with the provisions of the various guidelines for adoption issued fromtime to time by the State Government, the Board shall beempowered to give children in adoption and carry out such investigations as arerequired for giving children in adoption in accordance with the guidelinesissued by the State Government from time to time in this regard.
(4) Thechildern's homes or the State Government run institutions for orphans shall berecognised as an adoption agencies both for scrutiny and placement of suchchildren for adoption in accordance with the guidelines issued under sub-section(3).
(5) No child shall beoffered for adoption--
(a)until two members of the Committee declare the child legallyfree for placement in the case of abandoned children,
(b)till the two months period for reconsideration by the parent is over in thecase of surrendered children, and
(c)without his consent in the case of a child who can understandand express his consent.
(6) The Board mayallow a child to be given in adoption--
(a)to a single parent, and
(b)to parents to adopt a child of same sex irrespective of the number of livingbiological sons or daughters.
42. Foster care
(1) The foster care may be usedfor temporary placement of those infants who are ultimately to be given foradoption.
(2) Infoster care, the child may be placed in another family for a short orextended period of time, depending upon the circumstances where the child's ownparent usually visit regularly and eventually after the rehabilitation, wherethe children may return to their own homes.
(3) TheState Government may make rules for the purposes of carrying out the scheme offoster care programme of children.
43. Sponsorship
(1) Thesponsorship programme may provide supplementary support to families, tochildren's homes and to special homes to meet medical,nutritional, educational and other needs of the childrenwith a view to improving their quality of life.
(2) TheState Government may make rules for the purposes of carrying out variousschemes of sponsorship of children, such as individual to individualsponsorship, group sponsorship or community sponsorship.
44. After-care organisation
The State Government may, by rules made under this Act, provide--
(a) for the establishment or recognition of after-care organisations and the functions that may be performed by them under this Act;
(b) for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industrious and useful life;
(c) for the preparation or submission of a report by the probation officer or any other officer appointed by that Government in respect of each juvenile or the child prior to his discharge from a special home, children's home, regarding the necessity and nature of after-care of such juvenile or of a child, the period of such after-care, supervision thereof and for the submission of report by the probation officer or any other officer appointed for the purpose, on the progress of each juvenile or the child;
(d) for the standards and the nature of services to be maintained by such after care organisations;
(e) for such other matters as may be necessary for the purpose of carrying out the scheme of after-care programme for the juvenile or the child:
Provided that any rule made under this section shall not provide for such juvenile or child to stay in the after-care organisation for more than three years:
Provided further that a juvenile or child over seventeen years of age but less than eighteen years of age would stay in the after-care organisation till he attains the age of twenty years.
45. Linkages and co-ordination
The State Government may make rules to ensureeffective linkages between various governmental, non-governmental, corporateand other community agencies for facilitating therehabilitation and social reintegration of the child.
CHAPTER V. MISCELLANEOUS
46. Attendance of parent or guardian of juvenile or child
Any competent authoritybefore which a juvenile or the child is brought under any of the provisions ofthis Act, may, whenever it so thinks fit, require any parent or guardian havingthe actual charge of or control over the juvenile or the child to be present atany proceeding in respect of the juvenile or the child.
47. Dispensing with attendance of juvenile or child
If, at any stage during thecourse of an inquiry, a competent authority is satisfied that the attendance ofthe juvenile or the child is not essential for the purpose of inquiry, thecompetent authority may dispense with his attendance and proceed withthe inquiry in the absence of the juvenile or the child.
48. Committal to approved place of juvenile or child suffering from dangerous diseases and his future disposal
(1) When a juvenile or the child who has been broughtbefore a competent authority under this Act, is found to be suffering from adisease requiring prolonged medical treatment or physicalor mental complaint that will respond to treatment, the competent authoritymay send the juvenile or the child to any place recognised to be an approvedplace in accordance with the rules made under this Act for such period as itmay think necessary for the required treatment.
(2) Where ajuvenile or the child is found to be suffering from leprosy, sexuallytransmitted disease, Hepatitis B, open cases of Tuberculosisand such other diseases or is of unsound mind, he shall bedealt with separately through various specialised referral services or underthe relevant laws as such.
49. Presumption and determination of age
(1) Where it appears to acompetent authority that person brought before it under any of the provisionsof this Act (otherwise than for the purpose of giving evidence) is a juvenileor the child, the competent authority shall make due inquiry so as tothe age of that person and for that purpose shall take such evidence as maybe necessary (but not an affidavit) and shall record a finding whetherthe person is a juvenile or the child or not, stating his age asnearly as may be.
(2) No order of acompetent authority shall be deemed to have become invalid merely byany subsequent proof that the person in respect of whomthe order has been made is not a juvenile or the child,and the age recorded by the competent authority to be the age of person sobrought before it, shall for the purpose of this Act, be deemed to bethe true age of that person.
50. Sending a juvenile or child outside jurisdiction
In the case of a juvenile orthe child, whose ordinary place of residence lies outside thejurisdiction of the competent authority before which he is brought, the competentauthority may, if satisfied after due inquiry that it is expedient so to do,send the juvenile or the child back to a relative or otherperson who is fit and willing to receive him at his ordinaryplace of residence and exercise proper care and control over him,notwithstanding that such place of residence is outside the jurisdiction of thecompetent authority; and the competent authority exercising jurisdiction overthe place to which the juvenile or the child is sent shall inrespect of any matter arising subsequently have the samepowers in relation to the juvenile or the child as if the original order hadbeen passed by itself.
51. Reports to be treated as confidential
The report of the probation officer orsocial worker considered by the competent authority shall betreated as confidential:
Providedthat the competent authority may, if it so thinks fit, communicate the substancethereof to the juvenile or the child or his parent or guardian and maygive such juvenile, or the child, parent or guardian an opportunity ofproducing such evidence as may be relevant to the matter stated in the report.
52. Appeals
(1) Subject tothe provisions of this section, any person aggrieved by an order madeby a competent authority under this Act may, within thirty days from the dateof such order, prefer an appeal to the Court of Session:
Providedthat the Court of Session may entertain the appeal after the expiry of the saidperiod of thirty days if it is satisfied that the appellant was prevented bysufficient cause from filing the appeal in time.
(2) Noappeal shall lie from--
(a)any order of acquittal made by theBoard inrespect of a juvenile alleged to have committed an offence; or
(b)any order made by a Committee in respect of a finding thata person is not a neglected juvenile.
(3) Nosecond appeal shall lie from any order of the Court of Sessionpassed in appeal under this section.
53. Revision
The High Courtmay, at any time, either of its own motion or on an application received inthis behalf, call for the record of any proceeding in which any competentauthority or Court of Session has passed an order for the purpose ofsatisfying itself as to the legality or propriety of any such order andmay pass such order in relation thereto as it thinks fit:
Providedthat the High Court shall not pass an orderunder this section prejudicial to any person without giving him areasonable opportunity of being heard.
54. Procedure in inquiries, appeals and revision proceedings
(1) Save as otherwise expressly provided bythis Act, a competent authority whileholding any inquiryunder any of the provisions of this Act, shall follow such procedure asmay be prescribed and subject thereto, shall follow, as far as may be,the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) fortrials in summons cases.
(2) Save as otherwiseexpressly provided by or under this Act, the procedure to be followed in hearingappeals or revision proceedings under this Act shall be, as far aspracticable, in accordance with the provisions of the Code of CriminalProcedure, 1973 (2 of 1974).
55. Power to amend orders
(1) Without prejudice to theprovisions for appeal and revision under this Act, any competent authority may,on an application received in this behalf, amend any order asto the institution to which a juvenile or the child is to be sent or as to theperson under whose care or supervision a juvenile or the child is to be placedunder this Act:
Providedthat there shall be at least two members and the parties or itsdefence present during the course of hearing for passing an amendment inrelation to any of its order.
(2) Clericalmistakes in orders passed by a competent authority or errorsarising therein from any accidental slip or omission may, at any time, becorrected by the competent authority either on its own motion or on anapplication received in this behalf.
56. Power of competent authority to discharge and transfer juvenile or child
Thecompetent authority or the local authority may, notwithstanding anythingcontained in this Act, at any time, order a child in need of careand protection or a juvenile in conflict with law to be discharged ortransferred from one children's home or special home to another,as the case may be, keeping in view the best interest of the child or thejuvenile, and his natural place of stay, either absolutely or onsuch conditions as it may think fit to impose:
Providedthat the total period of stay of the juvenile or the child in a childern's homeor a special home or a fit institution or under a fit person shall notbe increased by such transfer.
57. Transfer between children's homes, under the Act, and juvenile homes, of like nature in different parts of India
The State Government or the local authoritymay direct any child or the juvenile to be transferred from any children's homeor special home outside the State to any other children's home, specialhome or institution of a like nature with the prior intimation to the localCommittee or the Board, as the case may be, and such order shall bedeemed to be operative for the competent authority of the area to which thechild or the juvenile is sent.
58. Transfer of juvenile or child of unsound mind or suffering from leprosy or addicted to drugs
Whereit appears to the competent authority that any juvenile or the child kept in aspecial home or a children's home or shelter home or in aninstitution in pursuance of this Act, is suffering from leprosy or is ofunsound mind or is addicted to any narcotic drug or psychotropic substance,the competent authority may order hisremoval to a leper asylum or mental hospital or treatment centrefor drug addicts or to a place of safety for being keptthere for such period not exceeding the period for which he is required to bekept under the order of the competent authority or for such furtherperiod as may be certified by the medical officer necessary forthe proper treatment of the juvenile or the child.
59. Release and absence of juvenile or child on placement
(1) When a juvenile orthe child is kept in a children's home or special home and on a report of aprobation officer or social worker or of Government or a voluntaryorganisation, as the case may be, the competent authority may consider, therelease of such juvenile or the child permitting him to live with his parentor guardian or under the supervision of any authorised person named in the order,willing to receive and take charge of the juvenile or the child to educate andtrain him for some useful trade or calling or to look after him forrehabilitation.
(2) Thecompetent authority may also permit leave of absence to any juvenile or thechild, to allow him, on special occasions like examination, marriageof relatives, death of kith and kin or the accident or serious illness ofparent or any emergency of like nature, to go on leave under supervision, formaximum seven days, excluding the time taken in journey.
(3) Where apermission has been revoked or forfeited and the juvenile or the child refusesor fails to return to the home concerned or juvenile to which he was directedso to return, the Board may, if necessary, cause him to betaken charge of and to be taken back to the concerned home.
(4) The timeduring which a juvenile or the child is absent from a concerned home inpursuance of such permission granted under this section shall bedeemed to be part of the time for which he is liable to be kept in the specialhome:
Providedthat when a juvenile has failed to return to the special home on the permissionbeing revoked or forfeited, the time which elapses after hisfailure so to return shall be excluded in computing the time during whichhe is liable to be kept in the institution.
60. Contribution by parents
(1) The competent authority which makes an order for sending a juvenile or the child to a children's home or to a special home or placing the juvenile under the care of a fit person or fit institution may make an order requiring the parent or other person liable to maintain the juvenile or the child to contribute to his maintenance, if able to do so, in the prescribed manner according to income.
(2) The competent authority may direct, if necessary, the payment to be made to poor parent or guardian by the Superintendent or the Project Manager of the home to pay such expenses for the journey of the inmate or parent or guardian or both, from the home to his ordinary place of residence at the time of sending the juvenile as may be prescribed.
61. Fund
(1) TheState Government or local authority may create a Fund under such name as itthinks fit for the welfare and rehabilitation of the juvenile or the childdealt with under this Act.
(2) There shall becredited to the Fund such voluntary donations, contributions or subscriptionsas may be made by any individual or organisation.
(3) TheFund created under sub-section (1) shall be administered by theState advisory board in such manner and for such purposes as may be prescribed.
62. Central, State, district and city advisory boards
(1) The CentralGovernment or a State Government mayconstitute a Central or a State advisory board, as the case may be, to advisethat Government on matter relating to the establishment and maintenance of the homes,mobilisation of resources, provision of facilities for education, training andrehabilitation of child in need of care and protection and juvenile in conflictwith law and co-ordination among the various official and non-official agenciesconcerned.
(2) TheCentral or State advisory board shall consist of such personsas the Central Government or the State Government, as the case may be, maythink fit and shall include eminent social workers, representativesof voluntary organisation in the field of child welfare corporate sector,academicians, medical professionals and the concerned Department ofthe State Government.
(3) Thedistrict or city level inspection committee constituted under section 35 of thisAct shall also function as the district or city advisoryboard.
63. Special juvenile police unit
(1) In order toenable the police officers who frequently or exclusively deal with juveniles orare primarily engaged in the prevention of juvenile crime or handling of thejuveniles or children under this Act to perform their functions moreeffectively, they shall be specially instructed and trained.
(2) In everypolice station at least one officer with aptitude and appropriate training andorientation may be designated as the 'juvenile or the child welfare officer'who will handle the juvenile or the child in co-ordination with the police.
(3) Specialjuvenile police unit, of which all police officers designated as above, tohandle juveniles or children will be members, may be created inevery district and city to co-ordinate and to upgrade the police treatment ofthe juveniles and the children.
64. Juvenile in conflict with law undergoing sentence at commencement of this Act
Inany area in which this Act is brought into force, the State Government or thelocal authority may direct that a juvenile in conflict with law who isundergoing any sentence of imprisonment at the commencement of this Act, shall, inlieu of undergoing such sentence, be sent to a special home or be kept in fitinstitution in such manner as the StateGovernment or the local authority thinks fit for the remainder of the period ofthe sentence; and the provisions of this Act shall apply to the juvenile asif he had been ordered by theBoard to be sent to such specialhome or institution or, as the case may be, ordered to be kept underprotective care under sub-section (2) of section 16 of this Act.
65. Procedure in respect of bonds
Provisions of Chapter XXXIII of the Codeof Criminal Procedure, 1973 (2 of 1974) shall, asfar as may be, apply to bonds taken underthis Act.
66. Delegation of powers
The State Government may, by the general order,direct that any power exercisable by it under this Act shall, insuch circumstances and under such conditions, if any, as may be prescribed inthe order, be exercisable also by an officer subordinateto that Government or the local authority.
67. Protection of action taken in good faith
No suit or legal proceedings shall lieagainst the State Government or voluntary organisation running the home or anyofficer and the staff appointed in pursuance of this Act in respect of anythingwhich is in good faith done or intended to be done in pursuance of this Act orof any rules or order madethereunder.
68. Power to make rules
(1) The State Government may, by notification in theOfficial Gazette, make rules to carry out the purposes of this Act.
(2) Inparticular, and without prejudice to the generality of the foregoing powers,such rules may provide for all or any of the following matters, namely:--
(i)the term of office of the members of the Board andthe manner in which such member may resign under sub-section(4)of section 4;
(ii)the time of the meetings of theBoard and the rules of procedurein regard to the transaction of business at its meeting under sub-section(1)of section 5;
(iii)the management of observation homes including the standards and various typesof services to be provided by them and the circumstances in which and themanner in which, the certification of the observation home may be granted orwithdrawn and such other matters as are referred to in section8;
(iv)the management of special homes including the standards and various types ofservices to be provided by them and the circumstances in which and the mannerin which, the certification of the special home may be granted or withdrawn andsuch other matters as are referred to in section9;
(v)persons by whom any juvenile in conflict with law may be produced before the Board andthe manner of sending such juvenile, to an observation home under sub-section(2)of section 10;
(vi)matters relating to removal of disqualifications attaching to conviction of ajuvenile under section 19;
(vii)the qualifications of the Chairperson and members, and the tenure forwhich they may be appointed under sub-section (3) ofsection 29;
(viii)the time of the meetings of the Committee and the rules of procedurein regard to the transaction of business at its meeting under sub-section(1)of section 30;
(ix)the manner of making the report to the police and to the Committee and themanner of sending and entrusting the child to children's home pending theinquiry under sub-section (2) of section 32;
(x)the management of children's homes including the standards and nature ofservices to be provided by them, and the manner in which certification of achildren's home or recognition to a voluntary organisation may be granted orwithdrawn under sub-section (2) of section 34;
(xi)appointment of inspection committees for children's homes, their tenure andpurposes for which inspection committees may be appointed and such othermatters as are referred to in section 35;
(xii)facilities to be provided by the shelter homes under sub-section(3)of section 37;
(xiii)for carrying out the scheme of foster care programme of children under subsection(3)of section 42;
(xiv)for carrying out various schemes of sponsorship of children under sub-section(2)of section 43;
(xv)matters relating to after-care organisation under section 44;
(xvi)for ensuring effective linkages between various agencies for facilitatingrehabilitation and social integration of the child under section 45;
(xvii)the purposes and the manner in which the Fund shall be administered under sub-section(3)of section 61;
(xviii)any other matter which is required to be, or may be,prescribed.
(3) Everyrule made by a State Government under this Act shall be laid, as soon as maybe after it is made, before the Legislature of that State.
69. Repeal and savings
(1) The Juvenile Justice Act,1986 (53 of 1986) ishereby repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the saidAct shall be deemed to have been done or taken under thecorresponding provisions of thisAct.
70. Power to remove difficulties
(1) If any difficulty arises ingiving effect to the provisions of this Act, the Central Government may, by order, notinconsistent with the provisions of this Act, remove the difficulty:
Providedthat no such order shall be made after the expiryof the period of two years from the commencement of this Act.
(2) However, order madeunder the section shall be laid, as soon as may be after it is made,before each House of Parliament.
CHARTER
NATIONAL CHARTER FOR CHILDREN, 20031
The Government of India have had for consideration the question of adopting a National Charter for Children to reiterate its commitment to the cause of the children in order to see that no child remains hungry, illiterate or sick. After the consideration, it has been decided to adopt the National Charter for Children enunciated below,--
National Charter for Children, 2003--Whereas the Constitution of India enshrines both in Parts III and IV the cause and the best interest of children, insofar that:
The State can make special provisions for children, (Art. 15(3))
The State shall provide free and compulsory education to all children of the age of six to fourteen years, (Art. 21A)
No child below the age of 14 years shall be employed to work in a factory, mine or any other hazardous employment, (Art. 24)
The tender age of children is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Art. 39e), and that
Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that youth are protected against exploitation and against moral and material abandonment (Art. 39f),
The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years, (Art. 45)
Whereas it is a Fundamental Duty of a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years, (Art. 51A)
Whereas through the National Policy for Children, 1974, we are committed to providing for adequate services to children, both before and after birth and throughout the period of growth, to ensure their full physical, mental and social development,
Whereas we affirm that the best interest of children must be protected through combined action of the State, civil society, communities and families in their obligations in fulfilling children's basic needs,--
Whereas we also affirm that while State, Society, Community and Family have obligations towards children, these must be viewed in the context of intrinsic and attendant duties of children and inculcating in children a sound sense of values directed towards preserving and strengthening the Family, Society and the Nation.
And whereas we believe that by respecting the child, society is respecting itself,
Now, therefore, in accordance with our pledge in the National Agenda of Governance, the following National Charter for Children, 2003 is announced.
Underlying this Charter is our intent to secure for every child its inherent right to be a child and enjoy a healthy and happy childhood, to address the root causes that negate the healthy growth and development of children, and to awaken the conscience of the community in the wider societal context to protect children from all firms of abuse, while strengthening the family, society and the Nation.
1. Survival, Life and Liberty--(a) The State and community shall undertake all possible measures to ensure and protect the survival, life and liberty of all children.
(b) In particular, the State and community will undertake all appropriate measures to address the problems of infanticide and foeticide, especially of female child and all other emerging manifestations that deprive the girl child of her right to survive with dignity.
2. Promoting High Standards of Health and Nutrition--(a) The State shall take measures to ensure that all children enjoy the highest attainable standards of health, and provide for preventive and curative facilities at all levels especially immunisation and prevention of micronutrient deficiencies for all children.
(b) The State shall take measures to cover, under primary health facilities and specialised care and treatment, all children of families below the poverty line.
(c) The State shall take measures to provide adequate pre-natal and post-natal care form others along with immunization against preventable diseases.
(d) The State shall undertake measures to provide for a national plan that will ensure that the mental health of all children is protected.
(e) The State shall take steps to ensure protection of children from all practices that are likely to harm the child's physical and mental health.
3. The State shall take steps to provide all children from families below the poverty line with adequate supplementary nutrition and undertake adequate measures for ensuring access to safe drinking water and environmental sanitation and hygiene.
4. Assuring Basic Minimum Needs and Security--(a) The State recognizes that the basic minimum needs of every child must be met, that foster full development of the child's faculties.
(b) In order to ensure this, the State shall in partnership with the community provide social security for children, especially for abandoned children and street children.
(c) State and community shall try and remove the fundamental causes which result in abandoned children and children living on streets, and provide infrastructure and material support by way of shelter, education, nutrition and recreation.
5. Play and Leisure--The State and community shall recognize that all children require adequate play and leisure for their healthy development and must ensure means to provide for recreational facilities and services for children of all ages and social groups.
6. Early Childhood Care for Survival, Growth and Development--(a) The State shall in partnership with the community provide early childhood care for all children and encourage programmes which will stimulate and develop their physical and cognitive capacities.
(b) The State shall in partnership with the community aim at providing a child care centre in every village where infants and children of working mothers can be adequately cared for.
(c) The State will make special efforts to provide these facilities to children from SCs / STs and marginalised sections of society.
7. Free and Compulsory Primary Education--(a) The State recognises that all children shall have access to free and compulsory education. Education at the elementary level shall be provided free of cost and special incentives should be provided to ensure that children from disadvantaged social groups are enrolled, retained and participate in schooling.
(b) At the secondary level, the State shall provide access to education for all and provide supportive facilities from the disadvantaged groups.
(c) The State shall in partnership with the community ensure that all the educational institutions function efficiently and are able to reach universal enrolment, universal retention, universal participation and universal achievement.
(d) The State and community recognise that a child be educated in its mother tongue.
(e) The State shall ensure that education is child-oriented and meaningful. It shall also take appropriate measures to ensure that education is sensitive to the healthy development of the girl child and to children of varied cultural backgrounds.
(f) The State shall ensure that school discipline and matters related thereto do not result in physical, mental, psychological harm or trauma to the child.
(g) The Stale shall formulate special programmes to spot, identify, encourage and assist the gifted children for their development in the field of their excellence.
8. Protection from Economic Exploitation and All Forms of Abuse--(a) The State shall provide protection to children from economic exploitation and from performing tasks that are hazardous to their well-being.
(b) The State shall ensure that there is appropriate regulation of conditions of work in occupations and processes where children perform work of a non-hazardous nature and that their rights are protected.
(c) The State shall move towards a total ban of all forms of child labour.
9. (a) All children have a right to be protected against neglect, maltreatment, injury, trafficking, sexual and physical abuse of all kinds, corporal punishment, torture, exploitation, violence and degrading treatment.
(b) The State shall take legal action against those committing such violations against children even if they be legal guardians of such children.
(c) The State shall in partnership with the community set up mechanisms for identification, reporting, referral, investigation and follow-up of such acts, while respecting the dignity and privacy of the child.
(d) The State shall in partnership with the community take up steps to draw up plans for the identification, care, protection, counselling and rehabilitation of child victims and ensure that they are able to recover, physically, socially and psychologically, and re-integrate into society.
10. (a) The State shall take strict measures to ensure that children are not used in the conduct of any illegal activity, namely, trafficking of narcotic drugs and psychotropic substances, begging, prostitution, pornography or violence. The State in partnership with the community shall ensure that such children are rescued and immediately placed under appropriate care and protection.
(b) The State and community shall ensure protection of children in distress for their welfare and all round development.
(c) The State and community shall ensure protection of children during the occurrence of natural calamities in their best interest.
11. Protection of the Girl Child--(a) The State and community shall ensure that crimes and atrocities committed against the girl child, including child marriage, discriminatory practices, forcing girls into prostitution and trafficking are speedily eradicated.
(b) The State shall in partnership with the community undertake measures, including social, educational and legal, to ensure that there is greater respect for the girl child in the family and society.
(c) The State shall take serious measures to ensure that the practice of child marriage is speedily abolished.
12. Empowering Adolescents--The State and community shall take all steps to provide the necessary education and skills to adolescent children so as to equip them to become economically productive citizens. Special programmes will be undertaken to improve the health and nutritional status of the adolescent girl.
13. Equality, Freedom of Expression, Freedom to Seek and Receive Information, Freedom of Association and Peaceful Assembly--The State and community shall ensure that all children are treat edequally without discrimination on grounds of the child's or the child's parents or legal guardian's race, colour, caste, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, birth, political status, or any other consideration.
14. All children shall be given every opportunity for all round development of their personality, including expression of creativity.
15.(a) Every child shall have the freedom to seek and receive information and ideas. The State and community shall provide opportunities for the child to access information that will contribute to the child's development.
(b) The State and community shall undertake special measures to ensure that the linguistic needs of children are taken care of and encourage the production and dissemination of child-friendly information and material in various forms.
(c) The State and community shall be responsible for formulating guidelines for the mass media in order to ensure that children are protected from material injuries to their well-being.
16. All children shall enjoy freedom of association and peaceful assembly, subject to reasonable restrictions and in conformity with social and family values.
17. Strengthening Family--(a) Every child has a right to a family. In case of separation of children from their families, the State shall ensure that priority is given to re-unifying the child with its parents. In cases where the State perceives adverse impact of such a re-unification, the State shall make alternate arrangements immediately, keeping in mind the best interests and the views of the child.
(b) All children have a right to maintain contact with their families, even when they are within the custody of the State for various reasons.
(c) The State shall undertake measures to ensure that children without families are either placed for adoption, preferably intra-country adoption, or foster care or any other family substitute services.
(d) The State shall ensure that appropriate rules with respect to the implementation of such services are drafted in a manner that are in the best interest of the child and that regulatory bodies are set up to ensure the strict enforcement of these rules.
(e) All children shall have the right to meet their parents and other family members who may be in custody.
18. Responsibilities of Both Parents--The State recognizes the common responsibilities of both parents in rearing their children.
19. Protection of Children with Disabilities--(a) The State and community recognise that all children with disabilities must be helped to lead a full life with dignity and respect. All measures would be undertaken to ensure that children with disabilities are encouraged to be integrated into the mainstream society and actively participate in all walks of life.
(b) State and community shall also provide for their education, training, health care, rehabilitation, recreation in a manner that will contribute to their overall growth and development.
(c) State and community shall launch preventive programmes against disabilities and early detection of disabilities so as to ensure that the families with disabled children receive adequate support and assistance in bringing up their children.
(d) The State shall encourage research and development in the field of prevention, treatment and rehabilitation of various forms of disabilities.
20. Care, Protection, Welfare of Children of Marginalized and Disadvantaged Communities.--The State and community shall provide care, protect and ensure the welfare of children from marginalized and disadvantaged communities, support them in preserving their identity, and encourage them to adopt practices that promote their best interest.
21. The State recognises that children from disadvantaged communities and weaker/vulnerable sections of the society are in need of special interventions and support in all matters pertaining to education, health, recreation and supportive services. It shah make adequate provisions for providing such groups with special attention in all its policies and programmes.
22. Ensuring Child Friendly Procedures--All matters and procedures relating to children, viz., judicial, administrative, educational or social, should be child friendly. All procedures laid down under the juvenile justice system for children in conflict with law and for children in need of special care and protection shall also be child-friendly.
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Resolution No. 6-15/98-C.W., Dated 9-2-2004, Issued by Ministry of Human Resource Development.