15. Discuss in detail the term “Child in Need of Care and Protection” in the light of relevant provisions of Juvenile Justice Act, 2015. (Sections 31-38)
Who Can Present a Child: Section 31 specifies who can present a child before the Committee, including police, NGOs, or even the child themselves.
Qualifying Criteria: Children without family support, those abandoned, working in hazardous conditions, abused, or threatened, qualify under Section 14 of the Act.
Medical or Educational Needs: Medical or educational needs, especially of children with disabilities or illnesses, also classify them as requiring care.
Immediate Safety and Placement: The CWC ensures immediate safety and placement in children’s homes, foster care, or adoption agencies, if necessary.
Orphaned and Abandoned Children: Orphaned and abandoned children are legally declared adoptable after proper inquiry under Section 38.
Surrendered Children: Surrendered children are given a two-month reconsideration window before permanent placement.
Child-Friendly Proceedings: The Act emphasizes child-friendly proceedings, focusing on rehabilitation rather than punishment.
Priority Categories: Children affected by drug abuse, armed conflict, or natural disasters are prioritized under this category.
Social Investigations: Social investigations are mandatory for assessing the child’s background, ensuring customized rehabilitation plans.
Fit Facilities or Foster Families: Fit facilities or foster families are identified based on the child’s specific needs.
Legal Compliance: The CWC ensures legal compliance, timely reporting, and coordination with relevant departments.
Quarterly Reports: Quarterly reports are reviewed to address case pendency or inefficiency.
Case Law – Bachpan Bachao Andolan v. Union of India (2011): Emphasized the immediate care of children rescued from trafficking and labor.
