The Juvenile Justice (Care and Protection of
Children) Act, 2015
1. Object, Application and definitions under the Act
The Juvenile Justice (Care and Protection of Children) Act, 2015 is an
important piece of legislation in India that addresses the legal framework for
the care, protection, and rehabilitation of children in conflict with the law
and children in need of care and protection. The Act primarily seeks to ensure
that the rights and interests of children are protected and that they are
provided with appropriate care and support.
1) Objectives:
The primary objective of the Act is to provide for a
comprehensive legal framework for dealing with children who come into conflict
with the law and for children in need of care and protection.
It aims to establish a child-friendly approach to the
justice system, focusing on the rehabilitation and reintegration of children in
conflict with the law rather than punitive measures.
The Act is based on the principles of the best
interests of the child, non-stigmatization, and the dignity and worth of the
child.
2) Application:
The Act applies
to all children in India, defined as individuals below the age of eighteen
years.
It applies to
children in conflict with the law, which includes children accused of
committing offenses, as well as children in need of care and protection, such
as abandoned or orphaned children, victims of trafficking, or those in
vulnerable situations.
The Act
outlines the procedures and mechanisms for dealing with both categories of
children, ensuring their protection, welfare, and rehabilitation.
2. General Principles of Care and Protection of
Children
Chapter II of the Juvenile Justice (Care and Protection of
Children) Act, 2015 outlines the general principles to be followed in the
administration of the Act. These principles are fundamental to ensuring the
care and protection of children in India, both those in conflict with the law
and those in need of care and protection. Here is a simplified summary of these
principles:
- Presumption of
Innocence: Children under the age of eighteen shall be presumed innocent of
any wrongdoing.
- Dignity and Worth:
All individuals, including children, must be treated with equal dignity and
rights.
- Participation: Every
child has the right to be heard and participate in decisions affecting their
interests, considering their age and maturity.
- Best Interest:
Decisions regarding children must prioritize their best interests and support
their full potential.
- Family Responsibility:
The primary responsibility for caring and protecting the child lies with their
biological family or adoptive/foster parents.
- Safety: Measures
must be taken to ensure a child's safety and protect them from harm or abuse
while in the care and protection system.
- Positive Measures:
All resources, including family and community support, should be utilized to
promote a child's well-being and reduce vulnerabilities.
- Non-Stigmatizing
Semantics: Avoid using adversarial or accusatory language when dealing with
a child.
- Non-Waiver of Rights:
No one can waive a child's rights, and the non-exercise of a fundamental right
does not amount to a waiver.
- Equality and
Non-Discrimination: Children cannot be discriminated against based on
factors such as sex, caste, ethnicity, disability, etc., and they should have
equal access and treatment.
- Right to Privacy and
Confidentiality: Every child has the right to privacy and confidentiality
throughout legal processes.
- Institutionalization as
a Last Resort: Placing a child in institutional care should be the last
resort after a reasonable inquiry.
- Repatriation and
Restoration: Children in the juvenile justice system have the right to be
reunited with their family and restored to their previous socio-economic and
cultural status unless it's not in their best interest.
- Fresh Start: Past
records of children in the juvenile justice system should generally be erased,
except in special circumstances.
- Diversion: Measures
to deal with children in conflict with the law without resorting to judicial
proceedings should be promoted unless it's in the best interest of the child or
society.
- Natural Justice:
Basic procedural fairness standards, including the right to a fair hearing,
impartiality, and the right to review, must be upheld by all individuals or
bodies acting in a judicial capacity under this Act.
3. Juvenile Justice Board
Chapter III of the Juvenile Justice (Care and Protection of Children)
Act, 2015 deals with the establishment and functions of the Juvenile Justice
Board. Here's a simplified summary of the key points:
Section 4 - Juvenile Justice Board:
1) Constitution of the Board:
The State Government is mandated to
establish one or more Juvenile Justice Boards in every district, independent of
the provisions in the Code of Criminal Procedure, 1973.
Composition: Each Board is comprised of -
(a) Metropolitan
Magistrate or Judicial Magistrate of First Class with at least 3 years of
experience
(b) Two
social workers, one of whom must be a woman.
2) Qualifications and Eligibility:
Social
Worker Criteria: Social workers
must have at least 7 years of active involvement in health, education, or
welfare activities related to children, or be practicing professionals with a
degree in child psychology, psychiatry, sociology, or law.
Disqualification: No individual is eligible if they have a
history of human rights or child rights violations, conviction for an offense
involving moral turpitude, removal or dismissal from government service, or
engagement in child abuse, child labor, or other immoral acts.
4) Training and Sensitization:
1. Training:
The State Government is responsible for ensuring that all Board members,
including the Principal Magistrate, receive induction training and
sensitization within 60 days of their appointment. This training covers aspects
related to the care, protection, rehabilitation, legal provisions, and justice
for children.
2. Term and Termination:
Term
of Office: The term of office for
Board members, along with the resignation process, is determined by prescribed
rules.
Termination: The State Government has the authority to
terminate the appointment of any Board member (excluding the Principal
Magistrate) after an inquiry if
(a) they misuse their power,
(b) fail to attend proceedings without valid
reasons,
(c) attend less than the prescribed number of
sittings,
(d) become ineligible under specified criteria
during their term.
Section 5 - Placement of Persons Turning 18 During Inquiry:
If a child turns 18 during an inquiry, the Board can continue the
inquiry and make orders as if the child were still under 18.
Section 6 - Placement of Persons Committing Offense Below 18:
If a person aged 18 or older is accused of an offense committed when
they were under 18, they are treated as a child during the inquiry. Such a
person can be placed in a place of safety during the inquiry.
Section 7 - Procedure in Relation to Board:
- The Board
should conduct child-friendly proceedings, and the venue should not be
intimidating.
- A child can be
produced before an individual member of the Board if the full Board is not
available.
- A Board can act
even in the absence of some members, but certain conditions must be met for
final case disposal.
- In the case of
differences of opinion among Board members, the Principal Magistrate's opinion
prevails.
Section 8 - Powers and Functions of the Board:
1) Exclusive Jurisdiction: The Board has the exclusive power to handle all proceedings related to
children in conflict with the law in its designated district.
2) Extended Powers: The High Court and
Children’s Court can also exercise the powers of the Board under certain
circumstances, such as when cases come before them through specified legal
processes.
3) Functions and Responsibilities of the Board:
(1) Ensuring the active participation of
the child and their parent or guardian throughout the process.
(2) Safeguarding the rights of the child during apprehension, inquiry,
aftercare, and rehabilitation.
(3) Facilitating access to legal aid
for the child through legal services institutions.
(4) Providing interpreters or translators
when necessary for children who do not understand the language used in
proceedings.
(5) Directing a social investigation into
the case by a Probation Officer or Child Welfare Officer to understand
the circumstances of the alleged offense.
(6) Adjudicating and disposing of cases following the specified inquiry process.
(7) Transferring relevant matters to the Committee when a child in conflict
with the law in need of care and protection.
(8) Passing final orders that include individual
care plans for the child's rehabilitation, with follow-up by relevant
authorities.
(9) Conduct
inquiries for declaring fit persons for the care of children in
conflict with the law
(10) Inspecting residential facilities for children in conflict with the law
monthly and recommending improvements.
(11) Directing the police to register first
information reports for offenses against children in conflict with the
law or children in need of care and protection.
(12) Regularly inspecting adult jails to ensure no child is held there and
arrange transfers to observation homes or places of safety.
(13) Performing any other functions
as prescribed.
Section 9 - Procedure for Magistrate Not Empowered Under This Act:
If a Magistrate
not empowered under this Act believes that the accused is a child, they should
forward the case to the appropriate Board. If an accused
claims they were a child at the time of the offense, the court should inquire
into their age and, if found to be a child, forward the case to the Board.
4. Procedure in Relation to Children in Conflict with
Law
Section 10: Apprehension of Child
When a child is caught by the police for a
wrongdoing, they must be handed over to special juvenile police or a child
welfare police officer. The child should be brought before the Board (a
special authority for children) within 24 hours, excluding travel time. The
child should not be placed in police lockup or jail.
Section 11: Responsibility of the Person in Charge
The person in charge of the child, while the order
is in effect, is responsible for the child's well-being, as if they were the
child's parent. The child stays with this person as long as the
Board believes it's best, except if the Board thinks another person is better
for the child.
Section 12: Bail for Children
If a person who appears to be a child is accused
of a crime, they can be released on bail, with or without surety, or placed
under supervision or care. However, they can't be released if it's believed
they might become involved in more crimes or be harmed, or if their release
would harm justice.
Section 13: Informing Parents and Probation Officer
The police must inform the child's parents or
guardian if they can be found and direct them to appear before the Board. The probation officer or a Child Welfare Officer
must prepare a report about the child's background and submit it to the Board
within two weeks.
Section 14: Inquiry by the Board
The Board must hold an
inquiry when a child is brought before it and can make various orders based on
the child's situation. The inquiry should be completed within four months,
but it can be extended for two more months if needed.
Section 15: Preliminary Assessment for Serious Offences
For serious crimes committed
by a child above 16, a preliminary assessment is done to see if the child
understands the crime and its consequences. Depending on the assessment, the
case may be tried as an adult or handled under this Act.
Section 16: Review of Pending Cases
The Chief Judicial Magistrate or Chief
Metropolitan Magistrate reviews cases every three months and may recommend more
Boards if needed. A high-level committee reviews cases every six
months to check progress and may involve experts and organizations.
Section 17: No Death Penalty or Life Imprisonment
No child can receive the
death penalty or life imprisonment without the possibility of release under
this Act or any other law.
Section 18: Orders for Children in Conflict with Law
The Board can make various
orders based on the child's age, offense, and circumstances, including
counseling, community service, probation, or placement in a special home. Education,
skills training, and therapy may also be included.
Section 19: Powers of Children’s Court
The Children's Court can
decide whether a child should be tried as an adult or handled under this Act. It
ensures an individual care plan for the child's rehabilitation, and the child
stays in a place of safety until 21 years old.
Section 20: Child Aged 21 and Unfinished Sentence
If a child turns 21 before
completing their sentence, a review is done to determine if they can rejoin
society. They may be released with conditions or sent to jail.
Section 21: No Disqualification for Certain Offenses
A child dealt with under
this Act won't suffer disqualifications due to a conviction, except for heinous
offenses committed by children above 16.
Section 22: No Joint Proceedings
A child in conflict with the
law should not be tried jointly with an adult.
Section 23: Special Provision for Runaway Child
If a child escapes from
care, the police can take charge of them and bring them back. The Board
assesses why the child ran away and makes appropriate decisions for their care.
Section 24: Removal of Disqualification
A child who has committed an
offense under this Act doesn't suffer disqualifications attached to convictions
under other laws. Records of such convictions may be destroyed.
Section 25: Special Provision for Pending Cases
Cases pending before any
Board or court at the start of this Act continue as if the Act wasn't enacted.
Section 26: Runaway Child in Conflict with Law
Police can take charge of a
runaway child in conflict with the law and return them to care. The Board
decides the best course of action for the child's welfare.
5. Child Welfare Committee
Section 27 - Child Welfare Committee (CWC):
The Child Welfare
Committee (CWC) is established by the State Government for each district,
responsible for handling matters concerning children in need of care and
protection, as per the Juvenile Justice (Care and Protection of Children) Act,
2015.
1) Formation and Composition:
(1) Each district must have one or more CWCs.
(2) A Committee includes a Chairperson and four
members appointed by the State Government.
(3) At least one member must be a woman, and
another must be an expert in child-related matters.
2) Qualifications for Committee Members:
Members should have degrees in specific
fields related to children or be practicing professionals involved in
child-related activities for at least seven years.
Criteria disqualifying potential members include past human rights
or child rights violations, convictions for offenses involving moral turpitude,
dismissal from government service, engagement in child abuse or labor, or
involvement in the management of a child care institution.
3) Tenure and Termination:
Committee members serve for a maximum of
three years.
Termination can occur if a member misuses
power, has certain criminal convictions, or consistently fails to attend
Committee proceedings without a valid reason.
4) Oversight and Functioning:
The District Magistrate conducts a quarterly
review of the Committee's functioning.
The Committee operates as a Bench and
possesses the powers of a Metropolitan Magistrate or a Judicial Magistrate of
First Class as per the Code of Criminal Procedure, 1973.
5) Grievance Redressal:
The District Magistrate serves as the
grievance redressal authority for any concerns arising from the Committee's
actions.
Anyone associated with the child in question
can file a complaint with the District Magistrate, who will review the
Committee's actions and make appropriate decisions after hearing all parties
involved.
Section 28 - Procedure in relation to Committee
(1)
Meeting Frequency:
The CWC is required to meet at least 20
days in a month. During these meetings, it must follow the rules and procedures
prescribed for conducting its business.
(2)
Visits to Child Care Institutions:
When the CWC conducts visits to existing
child care institutions to assess their functioning and the well-being of
children, these visits are considered as official CWC meetings.
(3)
Placement of Children:
If a child in need of care and protection
needs immediate attention and the CWC is not in session, that child can be
presented to an individual member of the Committee. This allows for swift
action when required.
(4)
Decision Making:
If there are disagreements among the
Committee members when making decisions, the majority opinion prevails.
However, if there is no clear majority, the opinion of the Chairperson takes
precedence.
(5)
Absence of Members:
The CWC is allowed to continue its work and
make decisions even if some members are absent. The absence of a member at any
stage of the proceedings does not invalidate the orders made by the Committee.
Section 29 - Powers of Committee
(1) Case
Disposal Authority:
The
Committee is empowered to handle cases concerning the care, protection,
treatment, development, and rehabilitation of children in need of care and
protection. Additionally, the Committee provides basic needs and ensure their
safety.
(2) Exclusive Authority
of the Committee:
Suppose a
committee is established for a particular area. In that case, it has the exclusive power,
overriding any other laws in effect, to address all proceedings concerning
children in need of care and protection under this Act.
Section 30 - Functions
and responsibilities of Committee
(1) Assessment
and Reception: Handling the reception and initial assessment of children
brought before the Committee.
(2) Investigations and
Inquiries: Conducting inquiries and investigations into issues affecting
children's safety and well-being.
(3) Placement and Care:
Responsible for placing children in suitable care environments, ensuring their
protection, and overseeing their rehabilitation.
(4) Selection and Oversight
of Facilities: Selecting appropriate institutions and regularly monitoring
their quality through inspections and improvement recommendations.
(5) Family Support and
Reintegration: Supporting families considering surrendering children and
making efforts to keep families together, as well as restoring lost or
abandoned children to their families.
(6) Legal and Adoption
Procedures: Handling legal procedures for declaring children legally
available for adoption and accessing legal services for children.
(7) Proactive Initiatives:
Taking proactive measures to reach children in need of care and protection who
aren't presented before the Committee under specific conditions.
(8) Collaboration and
Coordination: Coordinating with various agencies like police, labor
departments, and others involved in child protection.
6. Procedure in Relation to Children in Need of Care
and Protection
Chapter VI of the Juvenile Justice (Care and Protection of Children)
Act, 2015 outlines the procedures related to children in need of care and
protection. Here is a simplified breakdown of the key provisions in this
chapter:
Section 31 - Production before Committee:
1) Persons Authorized to Present the Child:
(1) Any public servant.
(2) Child welfare or probation officers.
(3) Police officers, including special juvenile
units or designated Child Welfare Police Officers.
(4) Officers from District Child Protection
Units or inspectors appointed under labor laws.
(5) Social workers or concerned citizens.
(6) The child themselves can also present before
the committee.
2) Timeframe for Presentation:
The child must be
brought before the Committee promptly, within 24 hours, excluding travel time.
Section 32 - Mandatory Reporting:
Any person,
officer, or individual associated with an organization, nursing home, or
hospital who encounters a child claiming to be an orphan and without family
support must report this information.
(1) Reporting Authorities: Childline services, nearest police station,
Child Welfare Committee, district child protection unit Within 24 hours
(excluding travel time).
Details
regarding the child must be uploaded to a specified government website.
(2) Non-Reporting
Offense (Section 33): Failure to provide the required information
about a child within the specified time is considered an offense.
(3) Penalty
for Non-Reporting (Section 34):
(a) Imprisonment: Up to six months.
(b) Fine: Up to ten thousand rupees.
(c) Potential imposition of both imprisonment
and a fine.
Section 35 - Surrender of Children:
(1) Parent/Guardian's
Decision: If a parent or guardian
feels unable to provide adequate emotional, physical, or social support to a
child, they can voluntarily present the child before the Committee.
(2) Surrender
Deed Execution: Before
surrendering the child formally, the parent or guardian undergoes counseling.
The surrender deed is executed after this counseling process.
(3) Reconsideration
Period: The parent or guardian is
given a two-month period to reconsider their decision. During this time, the
Committee assesses the situation and decides whether to accept the surrender.
(4) Outcome
of Surrender Decision: If the
surrender is approved:
(a) Children Below Six: Sent to a Specialized
Adoption Agency.
(b) Children Above Six: Placed in a Children’s
Home.
Section 36 - Inquiry:
1) Inquiry Process (Section 36):
(1)
Upon Child's Production: When a child is
presented before the Committee or a report is received under Section 31, the
Committee conducts an inquiry.
(2)
Child Placement Orders: The Committee can
order the child's placement in a children's home, suitable facility, or with a
fit person after speedy social investigation.
(3)
Special Provisions for Young Children:
Children below six years, whether orphaned, surrendered, or appearing
abandoned, are directed to be placed in Specialised Adoption Agencies, if
available.
2) Timeframe and Review:
(1)
Inquiry Duration: Social investigation to
be completed within fifteen days, enabling the Committee to pass a final order
within four months of the child's initial production.
(2)
Placement Decision: If the Committee
determines the child lacks family support or is in continued need of care and
protection, they may place the child in a suitable facility or foster family
until suitable rehabilitation options are found, or until the child turns
eighteen.
3) Reporting and Government Intervention:
(1)
Quarterly Reporting: The Committee
submits quarterly reports on case dispositions and pending cases to the
District Magistrate.
(2)
Government Oversight: The District
Magistrate reviews case pendency and directs remedial measures if necessary. If
pendency remains unaddressed despite directions, the State Government can
terminate and reconstitute the Committee.
4) Interim Responsibility: In case of Committee
termination or delay in forming a new Committee, a nearby district's Child
Welfare Committee assumes responsibility in the interim period.
Section 37 - Orders for Children in Need of Care and Protection:
(1) Declaration of
Child in Need of Care and Protection: If the CWC finds, after
an inquiry and considering a report, that a child needs care and protection,
they can declare it.
(2) Returning to
Parents or Guardians: The CWC can decide to send the child back to their
parents, guardians, or family, either with or without supervision by a Child
Welfare Officer or designated social worker.
(3) Placement
Options: If it's not in the child's best interest to return home, the CWC may
choose to place the child in different settings:
(a) In a Children's
Home
(b) In a suitable
facility
(c) In a
Specialised Adoption Agency for potential adoption
(d) With a suitable
person for either long-term or temporary care
(4) Foster Care and
Sponsorship Orders: The CWC has the power to issue foster care and
sponsorship orders, as described in Sections 44 and 45 of the Act.
(5) Providing
Directions for Care and Rehabilitation: The CWC can give
instructions to the individuals or institutions responsible for the child's
care.
These instructions may cover immediate needs like
shelter, medical care, counseling, therapy, education, and more. They also
ensure coordination with local child protection units, the State Government,
and other relevant agencies.
(6) Legal
Declaration for Adoption: The CWC can declare a child legally free for
adoption, following the guidelines in Section 38.
Section 38 - Procedure for Declaring Child Legally Free for Adoption:
(1) Orphan
and Abandoned Child:
The
Committee makes extensive efforts to locate the parents or guardians of the
child. If after this inquiry, it is established that the child is an orphan
with no one to care for them, or abandoned, the Committee declares the child
legally free for adoption.
·
Timeframe for Declaration:
For
children up to two years old, the declaration must be made within 2 months from
the child's production.
For
children above two years old, the declaration must be made within 4 months from
the child's production.
·
No FIR Against Biological Parents:
No
first information report (FIR) can be registered against any biological parent
during the inquiry for an abandoned or surrendered child under this Act.
(2)
Surrendered Children: If the child was
surrendered, the institution where the child is placed by the Committee brings
the case before the Committee once the period specified in section 35 is
complete, to declare the child legally free for adoption
(3)
Special Cases: In special situations like
children with mentally challenged parents or those born from sexual assault and
unwanted, the Committee can declare them ready for adoption.
(4)
Decision-Making: The decision to declare
a child as legally free for adoption must be agreed upon by at least three
Committee members.
(5)
Reporting: The Committee must provide
monthly reports to the District Magistrate, State Agency, and Authority about
adopted children and pending cases
7. Rehabilitation and Social Re-integration
Section 39: Process of Rehabilitation and Social Re-integration
(1)
Individual Care Plan: The rehabilitation
and social integration process for children is based on the individual care
plan of each child. This means that the plan should be customized to meet the
specific needs and circumstances of the child in question.
(2) Family
Preferred: The Act likes family care best:
(a)
Kids go back to
their own families.
(b) If not, they might get adopted.
(c)
Foster care is
an option too.
(3) Sibling Stays: They try to keep siblings together in care, unless
it's not good for them.
(4) Law-Breaking Kids: For kids in trouble with the law:
(a) They go to observation homes if not on bail.
(b) Special homes or safe places work too.
(c) Sometimes, they live with a good person, as
ordered.
(5) Needy and Protected Kids: Kids needing help can go to:
(a) Registered institutions.
(b) A good person's place for a while or longer.
(6) Money Help: Older kids leaving care or law-breaking kids can get
financial help when they turn eighteen to help them get back into normal life.
This is in section 46 of the Act.
Section 40: Restoration of Child in Need of Care and Protection
(1) Objective: Institutions
like Children's Homes or Specialized Adoption Agencies are established with the
primary goal of ensuring the safety, well-being, and rehabilitation of
children. These institutions take necessary measures to protect and provide for
children who have been temporarily or permanently removed from their family
environments.
(2)
Competent Authority: The Act empowers the
Competent Authority to assess the suitability of returning a child to their
parents, guardians, or any fit person after evaluating their capability to care
for the child. It also grants the authority to provide guidance and directions
for the child's welfare.
Section 41: Registration of Child Care Institutions
(1) Mandatory
Registration: All organizations involved in caring for
children, regardless of receiving government funding, are mandated to register
within six months of the Act's commencement. This requirement applies uniformly
to state-operated or voluntary organizations to ensure standardization and
accountability.
(2)
Provisional Registration and Renewal: New
institutions seeking registration may receive provisional registration for six
months. Registrations are renewed every five years. Failure to comply with
registration criteria could result in cancellation by the State Government.
(3)
Penalty for Non-Registration:
(a)
Imprisonment Up to 1 Or Fine at least 1lakh
rupees or Both.
(b)
Plus, each month of delay in applying for
registration is treated as a separate offence
Section 43: Open Shelter
(1) The State
Government can create and manage these shelters itself or with help from
organizations.
(2) These shelters
are meant for children who need a safe place to stay temporarily. They aim to
protect them from harm and prevent them from living on the streets.
(3) The shelters
must provide information every month about the children they're helping to the
District Child Protection Unit and the Committee."
Section 44: Foster Care
1) Placement and Support:
Children are placed in foster care
with suitable families or individuals. Foster families are carefully chosen based on
their ability, willingness, experience in taking care of children, and are not
related to the child. The State provides financial support and conducts
regular inspections to ensure the child's well-being and proper care.
2) Sibling Cohesion:
Efforts are made to maintain siblings' unity within foster
care unless separation is deemed to be in the best interest of the children
involved.
Section 45: Sponsorship
1) Objective:
Sponsorship programs aim to financially support families,
children's homes, and special homes to meet children's various needs such as
medical, nutritional, and educational requirements, thereby enhancing their
overall well-being.
2) Eligibility Criteria:
Sponsorship initiatives target specific scenarios, including
supporting widowed mothers, aiding orphaned children living with extended
families, assisting families affected by severe illnesses or accidents
incapacitating parents from providing for their children.
Section 46: After Care of Children Leaving Child Care Institution
Provides financial support
to children leaving care institutions at age 18 for reintegration into society.
Section 47: Observation Homes
Observation homes are temporary shelters for children in
legal conflict. State governments establish them, either directly or through
NGOs, in every district. They serve children while legal inquiries are
conducted, and rules ensure proper management, standards, and services.
Children are segregated based on various factors, including age, gender, and
the nature of their alleged offense
Section 48: Special Homes
Special homes rehabilitate children in conflict with the law
who have committed offenses. They are set up by state governments in districts,
either directly or through NGOs. Rules govern their management, standards, and
services, focusing on social reintegration. Children in special homes are
segregated based on age, gender, offense type, and their mental and physical
condition
Section 49: Place of Safety
Each state must have at least one registered place of safety
for individuals aged eighteen or older and children aged sixteen to eighteen
accused or convicted of serious offenses. These places provide separate
facilities during inquiries and for convicted
individuals. Rules specify the types of places that qualify
and define required facilities and services.
Section 50: Children’s Home
Children's Homes, established by state governments in
districts, provide care, education, and rehabilitation for children in need of
protection. Some offer specialized services for children with special needs.
State governments set rules for monitoring, management, and individualized care
plans for each child placed in these homes
Section 51: Fit Facility
The Board or Committee can approve a registered facility, whether
governmental or non-governmental, to temporarily care for a child based on
suitability. They can withdraw this approval with a written explanation
Section 52: Fit Person
The Board or Committee can recognize an individual as suitable to
temporarily care for a child, following proper verification. They have the
authority to withdraw this recognition with a written explanation.
Section 53: Rehabilitation and Re-integration Services in Institutions
(1)
Services Provided:
(a)
Institutions
must offer services like food, shelter, medical care, education, skills
training, mental health support, legal aid, and more to help children's
well-being.
(b)
They should also
assist with birth registration and identity proof if needed.
(2)
Management: Each
institution must have a Management Committee to oversee operations and monitor
child progress.
(3)
Children's Committees:
Institutions with children over six years old should create children's
committees to ensure child safety and well-being as per regulations
Section 54: Regular Inspection of Institutions
Inspection committees, appointed by the State Government,
conduct routine visits to registered institutions to assess their compliance
with set standards. These visits ensure that institutions maintain adequate
conditions and services for the well-being of children.
8. Adoption
Section 56: Adoption
Adoption is a legal process where a child is permanently
placed with individuals (adoptive parents) who are not their biological
parents. This process involves transferring parental rights and
responsibilities from the biological parents to the adoptive parents, making
the adopted child legally part of the adoptive family.
Adoption is a way to provide a family for orphaned,
abandoned, or surrendered children. It must follow the rules and regulations
set out in this Act and by the Authority. Relatives, regardless of their
religion, can adopt a child from another relative. This is also subject to the
rules and regulations specified in this Act.
The provisions of this Act do not apply to adoptions made
under the Hindu Adoption and Maintenance Act, 1956. All adoptions involving children from foreign
countries must adhere to the rules and regulations outlined in this Act.
Prohibition of Unauthorized International Adoption:
It is illegal for anyone to send a child to a foreign country or participate in
any arrangement to transfer a child's custody to someone in a foreign country
without a valid order from the District Magistrate. Violation of this provision
can result in punishment under Section 80 of the Act.
Section 57: Eligibility of Prospective Adoptive Parents
(1)
Physical, Financial, and Mental Fitness:
Prospective adoptive parents must be physically fit, financially stable,
mentally alert, and genuinely motivated to provide a good upbringing to the
child they wish to adopt.
(2)
Consent of Both Spouses: If a couple
wishes to adopt, the consent of both spouses is necessary for the adoption
process.
(3)
Single or Divorced Individuals: Single or
divorced individuals can also adopt, provided they meet the criteria specified
in the adoption regulations established by the Authority.
(4)
Single Males and Girl Child Adoption: Single
males are generally not eligible to adopt a girl child. This restriction is in
place to ensure the child's welfare.
(5)
Additional Criteria: The adoption
regulations framed by the Authority may specify additional eligibility criteria
that prospective adoptive parents must meet
Section 58: Procedure for Adoption by Indian Prospective Adoptive
Parents Living in India
(1) Interested Indian prospective adoptive
parents living in India can apply to a Specialised Adoption Agency to adopt an
orphaned, abandoned, or surrendered child. The application process is detailed
in the adoption regulations established by the Authority.
(2) The Specialised Adoption Agency will assess
the prospective adoptive parents through a home study report. If found
eligible, the agency will refer a child who has been legally declared free for
adoption to the prospective parents. This referral includes the child's study
report and medical records, following guidelines in the adoption regulations.
(3) Once the prospective adoptive parents accept
the referred child and submit the required reports signed by them, the Specialised
Adoption Agency will place the child in pre-adoption foster care. Subsequently,
the agency will file an application with the District Magistrate to obtain the
adoption order, as per the adoption regulations.
(4) Upon receiving a certified copy of the order
issued by the District Magistrate, the Specialised Adoption Agency will
promptly provide the same to the prospective adoptive parents.
(5) The progress and well-being of the child
within the adoptive family will be monitored and ensured in accordance with the
guidelines specified in the adoption regulations established by the Authority.
Section 61: Procedure for Disposal of Adoption Proceedings
(1) The District Magistrate must ensure that adoption
is for the child's welfare, considers the child's wishes, and confirms that no
illegal payments were made, except as allowed by adoption regulations.
(2) Adoption proceedings are held in-camera, and the
District Magistrate must dispose of the case within two months.
Section 63: Effect of Adoption
Adoption creates a legal parent-child relationship, giving
adoptive parents full rights and responsibilities. It offers stability and
emotional security to the adopted child, including a potential name change,
inheritance rights, and a permanent family structure. Adoption terminates legal
ties with biological parents, providing a stable and supportive environment for
the child's well-being and development.
9. Other Offences Against Children
Section
|
Offense Description
|
Punishment
|
74
|
Prohibition on disclosure of child's identity
|
Imprisonment up to 6 months or Fine up to 2 lakh rupees, or Both.
|
75
|
Cruelty to a child
|
Imprisonment up to 3 years or Fine of 1 lakh rupees, or Both.
|
76
|
Employment of child for begging
|
1) Imprisonment up to 5 years & Fine of 1 lakh rupees.
2) For amputation or maiming –
imprisonment up to 10 years & Fine of 5 lakh rupees.
|
77
|
Giving intoxicating substances to a child
|
Imprisonment up to 7 years & Fine up to 1 lakh rupees.
|
78
|
Using a child for trafficking substances
|
Imprisonment up to 7 years and a fine up to 1 lakh rupees.
|
79
|
Exploitation of a child employee
|
Imprisonment up to 5 years & Fine of 1 lakh rupees.
|
80
|
Adoption without following procedures
|
Imprisonment up to 3 years or Fine of 1 lakh rupees, or Both
|
81
|
Sale and procurement of children
|
1) Imprisonment up to 5 years & Fine of 1 lakh rupees.
2) For persons having actual charge - imprisonment 3 to 7 years.
|
82
|
Corporal punishment
|
1) First conviction: Fine of 10,000 rupees.
2) Subsequent offenses - Imprisonment up to 3 months or Fine or Both.
|
83
|
Use of child by militant groups
|
Imprisonment up to 7 years & Fine of 5 lakh rupees.
|
84
|
Kidnapping and abduction of a child
|
Provisions of IPC sections 359 to 369 apply, with necessary
modifications.
|
85
|
Offenses committed on disabled children
|
Punishment is twice the penalty provided for the offense.
|
86
|
Classification of offenses and designated court
|
Specifies the classification of offenses and courts for trial.
|
87
|
Abetment
|
Punishment as provided for the offense abetted.
|
88
|
Alternative punishment
|
Offender liable for the greater punishment under any applicable law.
|
89
|
Offense committed by child under this Chapter
|
Child committing an offense is considered a child in conflict with the
law under this Act.
|
Labels: Complete Overview