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.]
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-frien ly 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, 1 85 (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:- CHAP PRELIMINARY CHAPTER I
PRELIMINARY
Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be
called the Juvenile Justice (Care and Protection of Children) Act,
2000.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
Definitions. 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 inquiry, (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 Gove nment; (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 o 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.
Continuation of inquiry in respect of juvenile who has ceased to
be ajuvenile. 3. Continuation of inquiry in respect of juvenile who
has ceased to be a juvenile.-Where an inquiry has been initiated
against a juvenile in conflict with law or a child in need of care
and protection and during the course of such inquiry the juvenile or
the child ceases to be such, then, notwithstanding anything contained
in this Act or in any other law for the time being in force, the
inquiry may be continued and orders may be made in respect of such
person as if such person had continued to be a juven le or a child.
CHAP JUVENILE IN CONFLICT WITH LAW CHAPTER II JUVENILE IN CONFLICT
WITH LAW
Juvenile Justice Board.
4. Juvenile Justice Board.-(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), the State
Government may, by notification in the Official Gazette, constitute
for a district or a group of districts specified in the n tification,
one or more Juvenile Justice Boards for exercising the powers and
discharging the duties conferred or imposed on such Boards in
relation to juveniles in conflict with law under this Act.
(2) A Board shall consist of a Metropolitan Magistrate or a
Judicial Magistrate of the first class, as the case may be, and two
social workers of whom at least one shall be a woman, forming a Bench
and every such Bench shall have the powers conferred by he 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 and
the Magistrate on the Board shall be designated as the principal
Magistrate.
(3) No Magistrate shall be appointed as a member of the Board
unless he has special knowledge or training in child psychology or
child welfare and no social worker shall be appointed as a member of
the Board unless he has been actively involved in health education,
or welfare activities pertaining to children for at least seven
years.
(4) The term of office of the members of the Board and the manner
in which such member may resign shall be such as may be prescribed.
(5) The appointment of any member of the Board 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 Board for consecutive three months without any
valid reason or he fails to attend less than three-fourth of the
sittings in a year.
Procedute, etc., in relation to Board.
5. Procedure, etc., in relation to Board.-(1) The Board shall meet
at such times and shall observe such rules of procedure in regard to
the transaction of business at its meetings, as may be prescribed.
(2) A child in conflict with law may be produced before an
individual member of the Board, when the Board is not sitting.
(3) A Board may act notwithstanding the absence of any member of
the Board, and no order made by the Board shall be invalid by reason
only of the absence of any member during any stage of proceedings:
Provided that there shall be at least two members including the
principal Magistrate present at the time of final disposal of the
case.
(4) In the event of any difference of opinion among the members of
the Board in the interim or final disposition, the opinion of the
majority shall prevail, but where there is no such majority, the
opinion of the principal Magistrate shall prevail.
Powers of Juvenile Justice Board.
6. Powers of Juvenile Justice Board.-(1) Where a Board has been
constituted for any district or a group of districts, such Board
shall, notwithstanding anything contained in any other law for the
time being in force but save as otherwise expressly provid d in this
Act, have power to deal exclusively with all proceedings under this
Act relating to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may
also be exercised by the High Court and the Court of Session, when
the proceeding comes before them in appeal, revision or otherwise.
Procedure to be followed by a Magistrate not empowered under the
Act. 7. Procedure to be followed by a Magistrate not empowered under
the
Act.-(1) When any Magistrate not empowered to exercise the powers
of a Board under this Act is of the opinion that a person brought
before him under any of the provisions of this Act (ot er than for
the purpose of giving evidence), is a juvenile or the child, he shall
without any delay record such opinion and forward the juvenile or the
child and the record of the proceeding to the competent authority
having jurisdiction over the proceed ng.
(2) The competent authority to which the proceeding is forwarded
under
sub-section (1) shall hold the inquiry as if the juvenile or the
child had originally been brought before it.
Observation homes.
8. Observation homes.-(1) Any State Government may establish and
maintain either by itself or under an agreement with voluntary
organisations, observation homes in every district or a group of
districts, as may be required for the temporary reception of ny
juvenile in conflict with law during the pendency of any inquiry
regarding them under this Act.
(2) Where the State Government is of opinion that any institution
other than a home established or maintained under sub-section (1),
is fit for the temporary reception of juvenile in conflict with law
during the pendency of any inquiry regarding them un er this Act, it
may certify such institution as an observation home for the purposes
of this Act.
(3) The State Government may, by rules made under this Act,
provide for the management of observation homes, including the
standards and various types of services to be provided by them for
rehabilitation and social integration of a juvenile, and the cir
umstances under which, and the manner in which, the certification of
an observation home may be granted or withdrawn.
(4) Every juvenile who is not placed under the charge of parent or
guardian and is sent to an observation home shall be initially kept
in a reception unit of the observation home for preliminary
inquiries, care and classification for juveniles according o his age
group, such as seven to twelve years, twelve to sixteen years and
sixteen to eighteen years, giving due considerations to physical and
mental status and degree of the offence committed, for further
induction into observation home.
Special homes.
9. Special homes.-(1) Any State Government may establish and
maintain either by itself or under an agreement with voluntary
organisations, special homes in every district or a group of
districts, as may be required for reception and rehabilitation of ju
enile in conflict with law under this Act.
(2) Where the State Government is of opinion that any institution
other than a home established or maintained under sub-section (1),
is fit for the reception of juvenile in conflict with law to be sent
there under this Act, it may certify such institutio as a special
home for the purposes of this Act.
(3) The State Government may, by rules made under this Act,
provide for the management of special homes, including the standards
and various types of services to be provided by them which are
necessary for re-socialisation of a juvenile, and the circumst nces
under which, and the manner in which, the certification of a special
home may be granted or withdrawn.
(4) The rules made under sub-section (3) may also provide for the
classification and separation of juvenile in conflict with law on the
basis of age and the nature of offences committed by them and his
mental and physical status.
Apprehension of juvenile in conflict with law.
10. Apprehension of juvenile in conflict with law.-(1) As soon as
a juvenile in conflict with law is apprehended by police, he shall be
placed under the charge of the special juvenile police unit or the
designated police officer who shall immediately rep rt the matter to
a member of the Board.
(2) The State Government may make rules consistent with this Act,-
(i) to provide for persons through whom (including registered
voluntary organisations) 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 observation home.
Control of custodian over juvenile. 11. Control of custodian over
juvenile.-Any person in whose charge a juvenile is placed in
pursuance of this Act shall, while the order is in force have the
control over the juvenile as he would have if he were his parents,
and shall be responsible for h s maintenance, and the juvenile shall
continue in his charge for the period stated by competent authority,
notwithstanding that he is claimed by his parents or any other
person.
Bail of juvenile.
12. Bail of juvenile.-(1) When any person accused of a bailable or
non-bailable offence, and apparently a juvenile, is arrested or
detained or appears or is brought before a Board, such person shall,
notwithstanding anything contained in the Code of Crim nal Procedure,
1973 (2 of 1974) or in any other law for the time being in force, be
released on bail with or without surety but he shall not be so
released if there appear reasonable grounds for believing that the
release is likely to bring him into asso iation with any known
criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail
under sub-section (1) by the officer incharge of the police
station, such officer shall cause him to be kept only in an
observation home in the prescribed manner until he can be brought
efore a Board.
(3) When such 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 an observation home or a place of safety for
such period during the pendency of the inquiry regard ng him as may
be specified in the order.
Information to parent, guardian or probation officer. 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 unit to which the juvenile is brought
shall, as soon as may be after the arrest, inform- (a) the parent or
guardian of the juvenile, if he can be found of such arrest and
direct him to be present at the Board before which the juvenile will
appear; and (b) the probation officer of such arrest to enable him to
obtain information regarding the antecedents and family background of
the juvenile and other material circumstances likely to be of
assistance to the Board for making the inquiry.
Inquiry by Board regarding juvenile. 14. Inquiry by Board
regarding juvenile.-Where a juvenile having been charged with the
offence is produced before a Board, the Board shall hold the inquiry
in accordance with the provisions of this Act and may make such order
in relation to the juvenile s it deems fit: Provided that an inquiry
under this section shall be completed within a period of four months
from the date of its commencement, unless the period is extended by
the Board having regard to the circumstances of the case and in
special cases after recordin the reasons in writing for such
extension.
Order that may be passed regarding juvenile.
15. Order that may be passed regarding juvenile.-(1) Where a Board
is satisfied on inquiry that a juvenile has committed an offence,
then, notwithstanding anything to the contrary contained in any other
law for the time being in force, the Board may, if t thinks so fit,-
(a) allow the juvenile to go home after advice or admonition
following appropriate inquiry 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 to pay 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 placed under the care of
any parent, guardian or other fit person, on such parent, guardian or
other fit person executing a bond, with or without surety, as the
Board may require, fo the good behaviour and well-being of the
juvenile for any period not exceeding three years; (f) direct the
juvenile to be released on probation of good conduct and placed under
the care of any fit institution for the good behaviour and well-being
of the juvenile for any period not exceeding three years; (g) make an
order directing the juvenile to be sent to a special home,- (i) in
the case of juvenile, over seventeen years but less than eighteen
years of age for a period of not less than two years; (ii) in case of
any other juvenile for the period until he ceases to be a juvenile:
Provided that the Board may, if it is satisfied that having regard to
the nature of the offence and the circumstances of the case it is
expedient so to do, for reasons to be recorded, reduce the period of
stay to such period as it thinks fit.
(2) The Board shall obtain the social investigation report on
juvenile either through a probation officer or a recognised voluntary
organisation or otherwise, and shall take into consideration the
findings of such report before passing an order.
(3) Where an order under clause (d), clause (e) or clause (f) of
sub-section (1) is made, the Board may, if it is of opinion that
in the interests of the juvenile and of the public, it is expedient
so to do, in addition make an order that the juvenile i conflict with
law shall remain under the supervision of a probation officer named
in the order during such period, not exceeding three years as may be
specified therein, and may in such supervision order impose such
conditions as it deems necessary for he due supervision of the
juvenile in conflict with law: Provided that if at any time
afterwards it appears to the Board on receiving a report from the
probation officer or otherwise, that the juvenile in conflict with
law has not been of good behaviour during the period of supervision
or that the fit institut on under whose care the juvenile was placed
is no longer able or willing to ensure the good behaviour and
well-being of the juvenile it may, after making such inquiry as it
deems fit, order the juvenile in conflict with law to be sent to a
special home.
(4) The Board shall while making a supervision order under
sub-section
(3), explain to the juvenile and the parent, guardian or other fit
person or fit institution, as the case may be, under whose care the
juvenile has been placed, the terms and conditio s of the order and
shall forthwith furnish one copy of the supervision order to the
juvenile, the parent, guardian or other fit person or fit
institution, as the case may be, the sureties, if any, and the
probation officer.
Order that may not be passed against juvenile.
16. Order that may not be passed against juvenile.-(1)
Notwithstanding anything to the contrary contained in any other law
for the time being in force, no juvenile in conflict with law shall
be sentenced to death or life imprisonment, or committed to pri on in
default of payment of fine or in default of furnishing security:
Provided that where a juvenile who has attained the age of sixteen
years has committed an offence and the Board is satisfied that the
offence committed is of so serious in nature or that his conduct and
behaviour have been such that it would not be in hi interest or in
the interest of other juvenile in a special home to send him to such
special home and that none of the other measures provided under this
Act is suitable or sufficient, the Board may order the juvenile in
conflict with law to be kept in uch place of safety and in such
manner as it thinks fit and shall report the case for the order of
the State Government.
(2) On receipt of a report from a Board under sub-section (1), the
State Government may make such arrangement in respect of the juvenile
as it deems proper and may order such juvenile to be kept under
protective custody at such place and on such conditio s as it thinks
fit: Provided that the period of detention so ordered shall not
exceed the maximum period of imprisonment to which the juvenile could
have been sentenced for the offence committed.
Proceeding under Chapter VIII of the Code of Criminal Procedure
notcompetent against juvenile. 17. Proceeding under Chapter VIII of
the Code of Criminal Procedure not competent against
juvenile.-Notwithstanding anything to the contrary contained in the
Code of Criminal Procedure, 1973 (2 of 1974) no proceeding shall be
instituted and no order shal be passed against the juvenile under
Chapter VIII of the said Code.
No joint proceeding of juvenile and person not a juvenile.
18. No joint proceeding of juvenile and person not a juvenile.-(1)
Notwithstanding anything contained in section 223 of the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other law for the time
offence together with a person who is not a juvenile. being in force,
no juvenile shall be charged with or tried for any
(2) If a juvenile is accused of an offence for which under section
223 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other
law for the time being in force, such juvenile and any person who is
not a
juvenile would, but for the prohibition co tained in sub-section
(1), have been charged and tried together, the Board taking
cognizance of that offence shall direct separate trials of the
juvenile and the other person.
Removal of disqualification attaching to conviction.
19. Removal of disqualification attaching to conviction.-(1)
Notwithstanding anything contained in any other law, a juvenile who
has committed an offence and has been dealt with under the provisions
of this Act shall not suffer disqualification, if any, ttaching to a
conviction of an offence under such law.
(2) The Board shall make an order directing that the relevant
records of such conviction shall be removed after the expiry of the
period of appeal or a reasonable period as prescribed under the
rules, as the case may be.
Special provision in respect of pending cases. 20. Special
provision in respect of pending cases.-Notwithstanding anything
contained in this Act, all proceedings in respect of a juvenile
pending in any court in any area on the date on which this Act comes
into force in that area, shall be continued n that court as if this
Act had not been passed and if the court finds that the juvenile has
committed an offence, it shall record such finding and instead of
passing any sentence in respect of the juvenile, forward the juvenile
to the Board which sha l pass orders in respect of that juvenile in
accordance with the provisions of this Act as if it had been
satisfied on inquiry under this Act that a juvenile has committed the
offence.
Prohibition of publication of name, etc., of juvenile involved in
anyproceedin under the Act. 21. Prohibition of publication of name,
etc., of juvenile involved in
any proceeding under the Act.-(1) No report in any newspaper,
magazine, news-sheet or visual media of any inquiry regarding a
juvenile in conflict with law under this Act shall disclos the name,
address or school or any other particulars calculated to lead to the
identification of the juvenile nor shall any picture of any such
juvenile be published: Provided that for reasons to be recorded in
writing the authority holding the inquiry may permit such disclosure,
if in its opinion such disclosure is in the interest of the juvenile.
(2) Any person contravening the provisions of sub-section (1)
shall be punishable with fine, which may extend to one thousand
rupees.
Provision in respect of escaped juvenile. 22. Provision in respect
of escaped juvenile.-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 in conflict
with law who has escaped from a sp cial home or an observation home
or from the care of a person under whom he was placed under this Act,
and shall be sent back to the special home or the observation home or
that person, as the case may be; and no proceeding shall be
instituted in respec of the juvenile by reason of such escape, but
the special home, or the observation home or the person may, after
giving the information to the Board which passed the order in respect
of the juvenile, take such steps in respect of the juvenile as may be
eemed necessary under the provisions of this Act.
Punishment of cruelty to juvenile or child. 23. Punishment for
cruelty to juvenile or child.-Whoever, having the actual charge of or
control over, a juvenile or the child, assaults, abandons, exposes or
wilfully neglects the juvenile or causes or procures him to be
assaulted, abandoned, exposed o neglected in a manner likely to cause
such juvenile or the child unnecessary mental or physical suffering
shall be punishable with imprisonment for a term which may extend to
six months, or fine, or with both.
Employment of juvenile or child for begging.
24. Employment of juvenile or child for begging.-(1) Whoever,
employs or uses any juvenile or the child for the purpose or causes
any juvenile to beg shall be punishable with imprisonment for a term
which may extend to three years and shall also be li ble to fine.
(2) Whoever, having the actual charge of, or control over, a
juvenile or the child abets the commission of the offence punishable
under
sub-section (1), shall be punishable with imprisonment for a term
which may extend to one year and shall also be lia le to fine.
Penalty for giving intoxicating drug or psychotropic substance
tojuvenile or child. 25. Penalty for giving intoxicating drug or
psychotropic substance to juvenile or child.-Whoever gives, or causes
to be given, to any juvenile or the child any intoxicating liquor in
a public place or any narcotic drug or psychotropic substance except
up n the order of duly qualified medical practitioner or in case of
sickness shall be punishable with imprisonment for a term which may
extend to three years and shall also be liable to fine.
Exploitation of juvenile or child employee. 26. Exploitation of
juvenile or child employee.-Whoever ostensibly procures a juvenile or
the child for the purpose of any hazardous employment keeps him in
bondage and withholds his earnings or uses such earning for his own
purposes shall be punishable with imprisonment for a term which may
extend to three years and shall also be liable to fine.
Special offences. 27. Special offences.-The offences punishable
under sections 23, 24, 25 and 26 shall be cognizable.
Alternative punishment. 28. Alternative punishment.-Where an act
or omission constitute an offence punishable under this Act and also
under any other Central or State Act, then, notwithstanding anything
contained in any law for the time being in force, the offender found
g ilty of such offences shall be liable to punishment only under such
Act as provides for punishment which is greater in degree. CHAP CHILD
IN NEED OF CARE AND PROTECTION CHAPTER III CHILD IN NEED OF CARE AND
PROTECTION
Child Welfare Committee.
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 dischar e 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.
Procedure, etc., in relation to Committee.
30. Procedure, etc., in relation to Committee.-(1) The Committee
shall meet at such times and shall observe such rules of procedure in
regard to the transation of business at its meetings, as may be
prescribed.
(2) A child in need of care and protection may be produced before
an individual member for being placed in safe custody or otherwise
when the Committee is not in session.
(3) In the event of any difference of opinion among the members of
the Committee at the time of any interim decision, the opinion of the
majority shall prevail but where there is no such majority the
opinion of the Chairperson shall prevail.
(4) Subject to the provisions of sub-section (1), the Committee
may act, notwithstanding the absence of any member of the Committee,
and no order made by the Committee shall be invalid by reason only of
the absence of any member during any stage of the p oceeding.
Powers of Committee.
31. Powers of Committee.-(1) The Committee shall have the final
authority to dispose of cases for the care, protection, treatment,
development and rehabilitation of the children as well as to provide
for their basic needs and protection of human right .
(2) Where a Committee has been constituted for any area, such
Committee shall, notwithstanding anything contained in any other law
for the time being in force but save as otherwise expressly provided
in this Act, have the power to deal exclusively wi h all proceedings
under this Act relating to children in need of care and protection.
Production before Committee.
32. Production before Committee.-(1) Any child in need of care and
protection may be produced before the Committee by one of the
following persons- (i) any police officer or special juvenile police
unit or a designated police officer; (ii) any public servant; (iii)
childline, a registered voluntary organisation or by such other
voluntary organisation or an agency as may be recognised by the State
Government; (iv) any social worker or a public spirited citizen
authorised by the State Government; or (v) by the child himself.
(2) The State Government may make rules consistent with this Act
to provide for the manner of making the report to the police and to
the Committee and the manner of sending and entrusting the child to
children's home pending the inquiry.
Inquiry.
33. Inquiry.-(1) On receipt of a report under section 32, the
Committee or any police officer or special juvenile police unit or
the designated police officer shall hold an inquiry in the prescribed
or agency as mentioned in sub-section (1) of section 32, may pass
an order to send the child to the children's home for speedy inquiry
by a social worker or child welfare officer. manner and the
Committee, on its own or on the report f om any person
(2) The inquiry under this section shall be completed within four
months of the receipt of the order or within such shorter period as
may be fixed by the Committee: Provided that the time for the
submission of the inquiry report may be extended by such period as
the Committee may, having regard to the circumstances and for the
reasons recorded in writing, determine.
(3) After the completion of the inquiry if the Committee is of the
opinion that the said child has no family or ostensible support, it
may allow the child to remain in the children's home or shelter home
till suitable rehabilitation is found for him or t ll he attains the
age of eighteen years.
Children's homes.
34. Children's homes.-(1) The State Government may establish and
maintain either by itself or in association with the voluntary
organisations, children's homes, in every district or group of
districts, as the case may be, for the reception of child in ne d of
care and protection during the pendency of any inquiry and
subsequently for their care, treatment, education, training,
development and rehabilitation.
(2) The State Government may, by rules made under this Act,
provide for the management of children's homes including the
standards and the nature of services to be provided by them, and the
circumstances under which, and the manner in which, the certific tion
of a children's home or recognition to a voluntary organisation may
be granted or withdrawn.
Inspection.
35. Inspection.-(1) The State Government may appoint inspection
committees for the children's homes (hereinafter referred 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 ma be
prescribed.
(2) The inspection committee of a State, district or of a city
shall consist of such number of representatives from the State
Government, local authority, Committee, voluntary organisations and
such other medical experts and social workers as may be pres ribed.
Social auditing. 36. Social auditing.-The Central Government or
State Government may monitor and evaluate the functioning of the
Children's homes at such period and through such persons and
institutions as may be specified by that Government.
Shelter homes.
37. Shelter homes.-(1) The State Government may recognise, reputed
and capable voluntary organisations and provide them assistance to
set up and administer as many shelter homes for juveniles or children
as may be required.
(2) The shelter homes referred in sub-section (1) shall function
as drop-in-centres for the children in the need of urgent support who
have been brought to such homes through such persons as are referred
to in sub-section (1) of section 32.
(3) As far as possible, the shelter homes shall have such
facilities as may be prescribed by the rules.
Transfer.
38. Transfer.-(1) If during the inquiry it is found that the child
hails from the place outside the jurisdiction of the Committee, the
Committee shall order the transfer of the child to the competent
child. authority having jurisdiction over the place of reside ce of
the
(2) Such juvenile or the child shall be escorted by the staff of
the home in which he is lodged originally.
(3) The State Government may make rules to provide for the
travelling allowance to be paid to the child.
Restoration.
39. Restoration.-(1) Restoration of and protection to a child
shall be the prime objective of any children's home or the shelter
home.
(2) The children's home or a shelter home, as the case may be,
shall take such steps as are considered necessary for the restoration
of and protection to a child deprived of his family environment
temporarily or permanently where such child is under the are and
protection of a children's home or a shelter home, as the case may
be.
(3) The Committee shall have the powers to restore any child in
need of care and protection to his parent, guardian, fit person or
fit institution, as the case may be, and give them suitable
directions. Explanation.-For the purposes of this section
"restoration of child" means restoration to- (a) parents;
(b) adopted parents; (c) foster parents. CHAP REHABILITATION AND
SOCIAL REINTEGRATION CHAPTER IV REHABILITATION AND SOCIAL
REINTEGRATION
Process of rehabilitation and social reintegration. 40. Process of
rehabilitation and social reintegration.-The rehabilitation and
social reintegration of a child shall begin during the stay of the
child in a children's home or special home and the rehabilitation and
social reintegration of children shall be carried out alternatively
by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv)
sending the child to an after-care organisation.
Adoption.
41. Adoption.-(1) The primary responsibility for providing care
and protection to children shall be that of his family.
(2) Adoption shall be resorted to for the rehabilitation of such
children as are orphaned, abandoned, neglected and abused through
institutional and non-institutional methods.
(3) In keeping with the provisions of the various guidelines for
adoption issued from time to time by the State Government, the Board
shall be empowered to give children in adoption and carry out such
investigations as are required for giving children in adoption in
accordance with the guidelines issued by the State Government from
time to time in this regard.
(4) The children's homes or the State Government run institutions
for orphans shall be recognised as an adoption agencies both for
scrutiny and placement of such children for adoption in accordance
with the
guidelines issued under sub-section (3).
(5) No child shall be offered for adoption- (a) until two members
of the Committee declare the child legally free for placement in the
case of abandoned children, (b) till the two months period for
reconsideration by the parent is over in the case of surrendered
children, and (c) without his consent in the case of a child who can
understand and express his consent.
(6) The Board may allow a child to be given in adoption- (a) to a
single parent, and (b) to parents to adopt a child of same sex
irrespecitve of the number of living biological sons or daughters.
Foster care.
42. Foster care.-(1) The foster care may be used for temporary
placement of those infants who are ultimately to be given for
adoption.
(2) In foster care, the child may be placed in another family for
a short or extended period of time, depending upon the circumstances
where the child's own parent usually visit regularly and eventually
after the rehabilitation, where the children may re urn to their own
homes.
(3) The State Government may make rules for the purposes of
carrying out the scheme of foster care programme of children.
Sponsorship.
43. Sponsorship.-(1) The sponsorship programme may provide
supplementary support to families, to children's homes and to special
homes to meet medical, nutritional, educational and other needs of
the children with a view to improving their quality of lif .
(2) The State Government may make rules for the purposes of
carrying out various schemes of sponsorship of children, such as
individual to individual sponsorship, group sponsorship or community
sponsorship.
After-care organization. 44. After-care organization.-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, i dustrious 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 chil ; (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.
Linkaes and co-ordination. 45. Linkages and co-ordination.-The
State Government may make rules to ensure effective linkages between
various governmental, non-governmental, corporate and other community
agencies for facilitating the rehabilitation and social reintegration
of the ch ld. CHAP MISCELLANEOUS CHAPTER V MISCELLANEOUS
Attendance of parent or guardian of juvenile or child. 46.
Attendance of parent or guardian of juvenile or child.-Any competent
authority before which a juvenile or the child is brought under any
of the provisions of this Act, may, whenever it so thinks fit,
require any parent or guardian having the actual c arge of or control
over the juvenile or the child to be present at any proceeding in
respect of the juvenile or the child.
Dispensing with attendance of juvenile or child. 47. Dispensing
with attendance of juvenile or child.-If, at any stage during the
course of an inquiry, a competent authority is satisfied that the
attendance of the juvenile or the child is not essential for the
purpose of inquiry, the competent authorit may dispense with his
attendance and proceed with the inquiry in the absence of the
juvenile or the child.
Committal to approved place or juvenile or child suffering
fromdangerous diseases and his future disposal. 48. Committal to
approved place or juvenile or child suffering from
dangerous diseases and his future disposal.-(1) When a juvenile or
the child who has been brought before a competent authority under
this Act, is found to be suffering from a disease req iring prolonged
medical treatment or physical or mental complaint that will respond
to treatment, the competent authority may send the juvenile or the
child to any place recognised to be an approved place in accordance
with the rules made under this Act or such period as it may think
necessary for the required treatment.
(2) Where a juvenile or the child is found to be suffering from
leprosy, sexually transmitted disease, Hepatitis B, open cases of
Tuberculosis and such other diseases or is of unsound mind, he shall
be dealt with separately through various specialised re erral
services or under the relevant laws as such.
Presumption and determination of age.
49. Presumption and determination of age.-(1) Where it appears to
a competent authority that person brought before it under any of the
provisions of this Act (otherwise than for the purpose of giving
evidence) is a juvenile or the child, the competent au hority shall
make due inquiry so as to the age of that person and for that purpose
shall take such evidence as may be necessary (but not an affidavit)
and shall record a finding whether the person is a juvenile or the
child or not, stating his age as nea ly as may be.
(2) No order of a competent authority shall be deemed to have
become invalid merely by any subsequent proof that the person in
respect of whom the order has been made is not a juvenile or the
child, and the age recorded by the competent authority to be t e age
of person so brought before it, shall for the purpose of this Act, be
deemed to be the true age of that person.
Sending and juvenile or child outside jurisdiction. 50. Sending a
juvenile or child outside jurisdiction.-In the case of a juvenile or
the child, whose ordinary place of residence lies outside the
jurisdiction of the competent authority before which he is brought,
the competent authority may, if satisfied after due inquiry that it
is expedient so to do, send the juvenile or the child back to a
relative or other person who is fit and willing to receive him at his
ordinary place of residence and exercise proper care and control
jurisdiction of the competent autho-rity; and the competent authority
exercising jurisdiction over the place to which the juvenile or the
child is sent shall in respect of any matter arising subsequently
have the s over him, notwithstanding tha such place of residence is
outside the me powers in relation to the juvenile or the child as if
the original order had been passed by itself.
Reports to be treated as confidential. 51. Reports to be treated
as confidential.-The report of the probation officer or social worker
considered by the competent authority shall be treated as
confidential: Provided that the competent authority may, if it so
thinks fit, communicate the substance thereof to the juvenile or the
child or his parent or guardian and may give such juvenile or the
child, parent or guardian an opportunity of producing such evidence
as may be relevant to the matter stated in the report.
Appeals.
52. Appeals.-(1) Subject to the provisions of this section, any
person aggrieved by an order made by a competent authority under this
Act may, within thirty days from the date of such order, prefer an
appeal to the Court of Session: Provided that the Court of Session
may entertain the appeal after the expiry of the said period of
thirty days if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(2) No appeal shall lie from- (a) any order of acquittal made by
the Board in respect of a juvenile alleged to have committed an
offence; or (b) any order made by a Committee in respect of a finding
that a person is not a neglected juvenile.
(3) No second appeal shall lie from any order of the Court of
Session passed in appeal under this section.
Revision. 53. Revision.-The High Court may, at any time, either of
its own motion or on an application received in this behalf, call for
the record of any proceeding in which any competent authority or
Court of Session has passed an order for the purpose of satisf ing
itself as to the legality or propriety of any such order and may pass
such order in relation thereto as it thinks fit: Provided that the
High Court shall not pass an order under this section prejudicial to
any person without giving him a reasonable opportunity of being
heard.
Procedure in inquiries, appeals and revision proceedings.
54. Procedure in inquiries, appeals and revision proceedings.-(1)
Save as otherwise expressly provided by this Act, a competent
authority while holding any inquiry under any of the provisions of
this Act, shall follow such procedure as may be prescribed nd subject
thereto, shall follow, as far as may be, the procedure laid down in
the Code of Criminal Procedure, 1973 (2 of 1974) for trials in
summons
cases. (2) Save as otherwise expressly provided by or under this
Act, the procedure to be followed in hearing appeals or revision
proceedings under this Act shall be, as far as practicable, in
accordance with the provisions of the Code of Criminal Procedure, 19
3 (2 of 1974).
Power to amend orders.
55. Power to amend orders.-(1) Without prejudice to the provisions
for appeal and revision under this Act, any competent authority may,
on an application received in this behalf, amend any order as to the
institution to which a juvenile or the child is t be sent or as to
the person under whose care or supervision a juvenile or the child is
to be placed under this Act: Provided that there shall be at least
two members and the parties or its defence present during the course
of hearing for passing an amendment in relation to any of its order.
(2) Clerical mistakes in orders passed by a competent authority or
errors arising therein from any accidental slip or omission may, at
any time, be corrected by the competent authority either on its own
motion or on an application received in this behalf
Power of competent authority to discharge and transfer juvenile
orchild. 56. Power of competent authority to discharge and transfer
juvenile or child.-The competent authority or the local authority
may, notwithstanding anything contained in this Act, at any time,
order a child in need of care and protection or a juvenile in c
nflict with law to be discharged or transferred 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 the juvenile, and his natural place
of stay, either absolutely or on such condition as it may think fit
to impose: Provided that the total period of stay of the juvenile or
the child in a children's home or a special home or a fit institution
or under a fit person shall not be increased by such transfer.
Transfer between children's homes, under that Act, and
juvenilehomes, of like nature in different parts of India. 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 authority may direct any child or the juvenile to be
transferred from any children's home or special h me outside the
State to any other children's home, special home or institution of a
like nature with the prior intimation to the local Committee or the
Board, as the case may be, and such order shall be deemed to be
operative for the competent authority of the area to which the child
or the juvenile is sent.
Transfer of juvenile or child of unsound mind or suffering
fromleprosy or addicted to drugs. 58. Transfer of juvenile or child
of unsound mind or suffering from leprosy or addicted to drugs.-Where
it appears to the competent authority that any juvenile or the child
kept in a special home or a children's home or shelter home or in an
institution n pursuance of this Act, is suffering from leprosy or is
of unsound mind or is addicted to any narcotic drug or psychotropic
substance, the competent authority may order his removal to a leper
asylum or mental hospital or treatment centre for drug addict or to a
place of safety for being kept there for such period not exceeding
the period for which he is required to be kept under the order of the
competent authority or for such further period as may be certified by
the medical officer necessary for the roper treatment of the juvenile
or the child.
Release and absence of juvenile or child on placement.
59. Release and absence of juvenile or child on placement.-(1)
When a juvenile or the child is kept in a children's home or special
home and on a report of a probation officer or social worker or of
Government or a voluntary organisation, as the case may be, the
competent authority may consider, the release of such juvenile or the
child permitting him to live with his parent or guardian or under the
supervision of any authorised person named in the order, willing to
receive and take charge of the juvenil or the child to educate and
train him for some useful trade or calling or to look after him for
rehabilitation.
(2) The competent authority may also permit leave of absence to
any juvenile or the child, to allow him, on special occasions like
examination, marriage of relatives, death of kith and kin or the
accident or serious illness of parent or any emergency of ike nature,
to go on leave under supervision, for maximum seven days, excluding
the time taken in journey.
(3) Where a permission has been revoked or forfeited and the
juvenile or the child refuses or fails to return to the home
concerned or juvenile to which he was directed so to return, the
Board may, if necessary, cause him to be taken charge of and to be
aken back to the concerned home.
(4) The time during which a juvenile or the child is absent from a
concerned home in pursuance of such permission granted under this
section shall be deemed to be part of the time for which he is liable
to be kept in the special home: Provided that when a juvenile has
failed to return to the special home on the permission 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 th institution.
Contribution by parents.
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 requir ng 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 ho e to his
ordinary place of residence at the time of sending the juvenile as
may be prescribed.
Fund.
61. Fund.-(1) The State Government or local authority may create a
Fund under such name as it thinks fit for the welfare and
rehabilitation of the juvenile or the child 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 the State advisory board in such manner and for such purposes as
may be prescribed.
Central, State, district and city advisory boards.
62. Central, State, district and city advisory boards.-(1) The
Central Government or a State Government may constitute a Central or
a State advisory board, as the case may be, to advise that Government
on matter relating to the establishment and maintena ce of the homes,
mobilisation of resources, provision of facilities for education,
training and rehabilitation of child in need of care and protection
and juvenile in conflict with law and co-ordination among the various
official and non-official agencie concerned.
(2) The Central or State advisory board shall consist of such
persons as the Central Government or the State Government, as the
case may be, may think fit and shall include eminent social workers,
representatives of voluntary organisation in the field of child
welfare corporate sector, academicians, medical professionals and the
concerned Department of the State Government.
(3) The district or city level inspection committee constituted
under section 35 of this Act shall also function as the district or
city advisory boards.
Special juvenile police unit.
63. Special juvenile police unit.-(1) In order to enable the
police officers who frequently or exclusively deal with juveniles or
are primarily engaged in the prevention of juvenile crime or handling
of more effectively, they shall be specially instructed and trained.
the juveniles or children under this Act to perform their functions
(2) In every police station at least one officer with aptitude and
appropriate training and orientation 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) Special juvenile police unit, of which all police officers
designated as above, to handle juveniles or children will be members,
may be created in every district and city to co-ordinate and to
upgrade the police treatment of the juveniles and the chi dren.
Juvenile in conflict with law undergoing sentence at commencement
ofthis Act. 64. Juvenile in conflict with law undergoing sentence at
commencement of this Act.-In any area in which this Act is brought
into force, the State Government or the local authority may direct
that a juvenile in conflict with law who is undergoing any sent nce
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 fit
institution in such manner as the State Government or the local
authority thinks fit for the remainder of the per od of the sentence;
and the provisions of this Act shall apply to the juvenile as if he
had been ordered by the Board to be sent to such special home or
institution or, as the case may be, ordered to be kept under
protective care under
sub-section (2) of section 16 of this Act.
Procedure in respect of bonds. 65. Procedure in respect of
bonds.-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.
Delegation of powers. 66. Delegation of powers.-The State
Government may, by the general order, direct that any power
exercisable by it under this Act shall, in such circumstances and
under such conditions, if any, as may be prescribed in the order, be
exercisable also by an fficer subordinate to that Government or the
local authority.
Protection of action taken in good faith. 67. Protection of action
taken in good faith.-No suit or legal proceedings shall lie against
the State Government or voluntary organisation running the home or
any officer and the staff appointed in pursuance of this Act in
respect of anything which is i good faith done or intended to be done
in pursuance of this Act or of any rules or order made thereunder.
Power to make rules.
68. 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 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 and the manner in
which such member may resign under sub-section (4) of section 4;
(ii) the time of the meetings of the Board and the rules of procedure
in 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 types of services to be
provided by them and the circumstances in which and the manner in
which, the certification of the observation home may be granted or
withdrawn and such ther matters as are referred to in section 8; (iv)
the management of special homes including the standards and various
types of services to be provided by them and the circumstances in
which and the manner in which, the certification of the special
referred to in section 9; home may be granted or withdrawn and such
other mat ers as are (v) persons to whom any juvenile in conflict
with law may be produced before the Board and the manner of sending
such juvenile, to an
observation home under sub-section (2) of section 10; (vi) matters
relating to removal of disqualification attaching to conviction of a
juvenile under section 19; (vii) the qualifications of the
Chairperson and members, and the
tenure for which they may be appointed under sub-section (3) of
section 29; (viii) the time of the meetings of the Committee and the
rules of procedure in 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 the manner of sending
and entrusting the child to
children's home pending the inquiry under sub-section (2) of
section 32; (x) the management of children's homes including the
standards and nature of services to be provided by them, and the
manner in which certification of a children's home or recognition to
a voluntary
organisation may be granted or withdrawn under sub-sect on (2) of
section 34; (xi) appointment of inspection committees for children's
homes, their tenure and purposes for which inspection committees may
be appointed and such other matters 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 sub-section (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 facilitating
rehabilitation 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) 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.
Repeal and savings.
69. Repeal and savings.-(1) The Juvenile Justice Act, 1986 (53 of
1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Act shall be deemed to have been done or taken under
the corresponding provisions of this Act.
Power to remove difficulties.
70. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order, not inconsistent with the provisions of this Act,
remove the difficulty: Provided that no such order shall be made
after the expiry of the period of two years from the commencement of
this Act.
(2) However, order made under the section shall be laid, as soon
as may be after it is made, before each House of Parliament. SUBHASH
C. JAIN, Secy. to the Govt. of India.
CUSTODY
OF THE CHILD: WELFARE
OF THE CHILD IS THE MAIN CONSIDEERATION
Gaurav Nagpal v Sumedha
Nagpal, AIR 2009 SC 557 (Civil Appeal No.5099 of 2007 with
Cri. Appeal No.491 of 2006 dated 19.11.08 )
Dr. Arijit Pasayat and
G.S. Singhvi JJ.
(A) Hindu Minority and
Guardianship Act (32 of 1956). Ss 6, 13 – Guardians and Wards Act
(8 of 1890), Ss 7, 17 – Custody of minor – Grant of – Welfare
of child is paramount consideration – Not right of parents under
Statute – Moral and ethical welfare of child – Also ought to be a
consideration.
The principles in
relation to the custody of a minor child are well settled. In
determining the question as to who should be given custody of a
minor child, the paramount consideration is the 'welfare
of the child' and not
the rights of the parents under a statute
for the time being in force.
