Juvenile Justice Act (Part II)
Child in Need of Care & Protection
- Every state govt shall constitute a Child Welfare Committee in every district by notification. The committee shall consist of a Chairperson & 4 members with at least 1 woman to be appointed by state govt. The committee shall function as a bench of Magistrates & have powers as given in CrPC.
- The committee have exclusive powers and final authority to dispose the cases of care, treatment, protection, rehabilitation of children as well as for their basic needs and rights.
- Any child in need of care & protection can be produced before committee by any police officer, public servant, any social worker/citizen (Amend 2006) and child himself within 24hrs excluding journey.
- The state govt shall constitute a Children Home in a dist/group of districts for reception, care, protection and rehabilitation of child.
- The committee shall make an inquiry that shall be completed within 4 months. After inquiry if committee thinks that child has no family support than place child in Children Home till age of 18 years.
- The state govt may constitute Shelter Homes as many as required by recognize or giving assistance to voluntary organisations with the facilities as prescribed by the rules.
Rehabilitation & Social Integration
- The rehabilitation & social integration of child shall begin when he enters in Children/Special Home and this can be done alternatively by :-
- Adoption – no child adoption without committee recommendation, child consent if able to think and express. The court may allow adoption of child to any parent irrespective of children (have or not) and to any unmarried person.
- Foster Care – for infants that are going to be adopted.
- Sponsorship – for supplementary support to children/special homes for educational, nutritional etc. facilities of children to improve quality of life.
- After Care Organization – for purpose of taking care of juveniles after leaving from children or special home’s to improve their quality of life.
- The state govt can make rules/schemes for all of above methods and can provide support/assistance to any organization for rehabilitation of children.
- Any aggrieved person from order of JJB/committee can appeal to Session Court within 30 days. However no appeal can be made if JJB/committee finds that juvenile is not committed the offence or child is not neglected by parents.
- No provisions of second appeal after order of session court except that High Court use its Suo motto power or on an application received call for record of any order passed by JJB or Session court and can pass/revise order after giving sufficient opportunity to both sides.
- The JJB/committee can generally grant leave for not exceeding seven days to a juvenile/child in case of examinations, marriage of relatives, illness or death of kin/parents and in emergency of like nature.