{"id":14827,"date":"2026-09-28T11:18:00","date_gmt":"2026-09-28T05:48:00","guid":{"rendered":"https:\/\/www.infipark.com\/articles\/?p=14827"},"modified":"2026-09-22T00:05:00","modified_gmt":"2026-09-21T18:35:00","slug":"the-juvenile-justice-care-and-protection-of-children-act-2015-notes","status":"publish","type":"post","link":"https:\/\/www.infipark.com\/articles\/the-juvenile-justice-care-and-protection-of-children-act-2015-notes\/","title":{"rendered":"The Juvenile Justice (Care and Protection of Children) Act, 2015 Notes"},"content":{"rendered":"\n

The Juvenile Justice (Care and Protection of Children) Act, 2015 Notes<\/h2>\n\n\n\n
Q. No.<\/strong><\/th>Question<\/strong><\/th><\/tr><\/thead>
1<\/td>Who is a Juvenile?<\/td><\/tr>
2<\/td>What are the Salient Features of the Juvenile Justice Act, 2015?<\/td><\/tr>
3<\/td>What are the Pros and Cons of the Juvenile Justice Act, 2015?<\/td><\/tr>
4<\/td>Definitions under The Juvenile Justice Act, 2015<\/td><\/tr>
5<\/td>What are the functions of Juvenile Justice Board (JJB)?<\/td><\/tr>
6<\/td>What are the general principles of Care and Protection of Children?<\/td><\/tr>
7<\/td>What are the key provisions related to the constitution, functioning, and responsibilities of the Juvenile Justice Board?<\/td><\/tr>
8<\/td>What are the procedures to be followed when a person, who was a child at the time of committing an offence, is brought before a court?<\/td><\/tr>
9<\/td>Who is Juvenile in Conflict with Law? State the provisions concerning release of such juvenile on bail.<\/td><\/tr>
10<\/td>Discuss the constitution and powers of Juvenile Justice Board with reference to Juvenile Justice Act.<\/td><\/tr>
11<\/td>What are the powers of Juvenile Justice Board?<\/td><\/tr>
12<\/td>State the orders that may be passed regarding juveniles by the JJ Board.<\/td><\/tr>
13<\/td>Discuss “Employment of Juvenile or Child for Begging.”<\/td><\/tr>
14<\/td>State how Child Welfare Committee is constituted under the Juvenile Justice Act, 2015 and explain the powers of the committee.<\/td><\/tr>
15<\/td>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)<\/td><\/tr>
16<\/td>Discuss the Rehabilitation and Social Re-Integration under the Juvenile Justice Act, 2015. (Sections 39-55)<\/td><\/tr>
17<\/td>Discuss the establishment of various homes under the Juvenile Justice Act, 2015.<\/td><\/tr>
18<\/td>Explain in detail about “Adoption” under the Juvenile Justice Act, 2015.<\/td><\/tr>
19<\/td>Explain the role of CARA and adoption procedures under the Juvenile Justice Act, 2015.<\/td><\/tr>
20<\/td>Discuss the eligibility criteria and safeguards for adoption under the Juvenile Justice Act, 2015.<\/td><\/tr>
21<\/td>Discuss the offences of cruelty and exploitation of children under the Juvenile Justice Act, 2015.<\/td><\/tr>
22<\/td>Explain the offence of corporal punishment and its implications under the Juvenile Justice Act, 2015.<\/td><\/tr>
23<\/td>Discuss the penalties for trafficking and illegal activities involving children under Chapter 9 of the Juvenile Justice Act, 2015.<\/td><\/tr>
24<\/td>Explain the measures for monitoring child care institutions under the Juvenile Justice Act, 2015.<\/td><\/tr>
25<\/td>Discuss the penalties for non-compliance with provisions of the Juvenile Justice Act, 2015.<\/td><\/tr>
26<\/td>What provisions ensure the safety of children during legal proceedings under the Juvenile Justice Act, 2015?<\/td><\/tr>
27<\/td>Discuss the accountability measures for stakeholders under the Juvenile Justice Act, 2015.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

1. Who is a Juvenile?<\/strong><\/h2>\n\n\n\n

A juvenile, according to the law, is any person below the age of 18. This definition aligns with international standards, such as the United Nations Convention on the Rights of the Child (CRC), which stresses the protection and care of children. In India, the law further provides that children under the age of 7 cannot be held criminally liable for any offense, meaning they cannot be convicted for crimes. This provision acknowledges that young children lack the mental and emotional maturity required to understand the consequences of their actions. For instance, if a 6-year-old child were to steal an item, they would not be held criminally responsible because of their age, which is considered too young for criminal liability.<\/p>\n\n\n\n

Earlier laws were vague in differentiating between two types of children: those who commit offenses and those who need care and protection. Both were broadly categorized as “juveniles.” This lack of clarity sometimes led to confusion in handling cases involving children. The Juvenile Justice (Care and Protection of Children) Act, 2015, amended this by creating clear distinctions between “children in conflict with the law” (CCLs), who have broken the law, and “children in need of care and protection” (CNCPs), who may be victims of abuse, neglect, or abandonment. For example, a child who steals due to hunger would fall under the category of a child in conflict with the law, while a child abandoned by their parents would be classified as a child in need of care and protection. This distinction allows for a more appropriate and tailored approach to handling each situation.<\/p>\n\n\n\n

2. What are the Salient Features of the Juvenile Justice Act, 2015?<\/strong><\/h2>\n\n\n\n

The Juvenile Justice (Care and Protection of Children) Act, 2015, contains several salient features designed to protect and rehabilitate children. These are as follows:<\/p>\n\n\n\n

    \n
  • Definition of Juvenile:<\/strong> The Act defines a juvenile as anyone below 18 years of age, bringing it in line with international standards like the CRC (Convention on the Rights of the Child). Earlier, juveniles were considered those below 16 years.<\/li>\n\n\n\n
  • Focus on Rehabilitation:<\/strong> The Act focuses on rehabilitation and reintegration of juvenile offenders rather than punishment, aiming to guide them back to society. For example, vocational training and counseling are prioritized.<\/li>\n\n\n\n
  • Child Welfare Committees:<\/strong> Child Welfare Committees are set up to ensure children in need of care and protection are produced within 24 hours of apprehension.<\/li>\n\n\n\n
  • Juvenile Justice Boards:<\/strong> Juvenile Justice Boards (JJB) are established to ensure speedy trials and individual care for juveniles accused of crimes.<\/li>\n\n\n\n
  • Adoption Provisions:<\/strong> The Act allows adoption of children, whether the parents are married or not, and regulates inter-country adoptions to prevent misuse.<\/li>\n\n\n\n
  • Special Homes:<\/strong> It establishes Special Homes to rehabilitate juveniles aged 16-18 years, especially for those involved in serious crimes.<\/li>\n\n\n\n
  • Fast-Track Courts:<\/strong> The Act creates 14 fast-track courts to deal with cases of missing children, abuse, and crimes against children to speed up justice delivery.<\/li>\n\n\n\n
  • Central Adoption Resource Authority:<\/strong> It introduces the Central Adoption Resource Authority, which regulates inter-country adoptions and ensures transparency by issuing no-objection certificates.<\/li>\n\n\n\n
  • Shelter Homes:<\/strong> The Act ensures each district has at least one shelter home to provide immediate care for juveniles in crisis situations.<\/li>\n\n\n\n
  • Strict Punishments:<\/strong> It imposes strict punishments for crimes against children, like child labor, sexual exploitation, and using children for begging. For instance, traffickers face harsher penalties.<\/li>\n\n\n\n
  • Guidelines for Serious Offences:<\/strong> The Act provides guidelines for dealing with serious offences committed by juveniles aged 16-18, ensuring a balance between accountability and protection of their rights.<\/li>\n\n\n\n
  • Best Interests of Children:<\/strong> It emphasizes the best interests of children at all stages, ensuring they are not treated as adults even in the most serious cases.<\/li>\n<\/ul>\n\n\n\n

    3. What are the Pros and Cons of the Juvenile Justice Act, 2015?<\/strong><\/h2>\n\n\n\n
    Pros<\/strong><\/th>Cons<\/strong><\/th><\/tr><\/thead>
    Treats juveniles differently from adult offenders, recognizing their capacity for reform.<\/td>Allows juveniles aged 16-18 to be tried as adults in certain heinous crimes, raising concerns.<\/td><\/tr>
    Provides safeguards like the right to dignity, a fair trial, and protection from harm.<\/td>Some argue it’s too lenient, offering inadequate deterrence for juveniles committing serious crimes.<\/td><\/tr>
    Offers rehabilitation through education, counseling, and vocational training.<\/td>Implementation challenges due to inadequate resources and infrastructure.<\/td><\/tr>
    Ensures care and protection services, like foster care and adoption, for vulnerable children.<\/td>Lack of uniformity in applying provisions, leading to potential misuse.<\/td><\/tr>
    Prevents discrimination and promotes reintegration into society.<\/td>Difficulties in monitoring and managing inter-country adoptions.<\/td><\/tr>
    Child Welfare Committees provide timely interventions for children in need of care.<\/td>Overburdened Juvenile Justice Boards may delay decisions and affect children’s welfare.<\/td><\/tr>
    Addresses child-specific crimes, ensuring harsher penalties for traffickers and abusers.<\/td>Community resistance to rehabilitating juvenile offenders in residential areas.<\/td><\/tr>
    Promotes fast-track courts to handle child-related cases efficiently.<\/td>Fast-track courts might focus more on disposal speed than comprehensive justice.<\/td><\/tr>
    Supports families in adopting abandoned or orphaned children.<\/td>Concerns about juveniles faking age to escape harsher adult punishments.<\/td><\/tr>
    Integrates international adoption norms to prevent child trafficking.<\/td>Limited training for officials involved leads to inconsistent enforcement.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    4. Definitions under The Juvenile Justice Act, 2015<\/strong><\/h2>\n\n\n\n
    Section<\/strong><\/th>Term<\/strong><\/th>Definition<\/strong><\/th>Example<\/strong><\/th><\/tr><\/thead>
    2(1)<\/td>Abandoned Child<\/td>A child deserted by biological or adoptive parents, declared abandoned by the Committee after inquiry. A child is considered abandoned when their parents or guardians leave them without care or support.<\/td>A child left in a park with no one to care for them is declared abandoned by the Committee.<\/td><\/tr>
    2(2)<\/td>Adoption<\/td>The process where a child permanently separates from biological parents to become the lawful child of adoptive parents. Adoption legally transfers all rights and responsibilities to the adoptive parents.<\/td>A couple adopts a child from an agency, gaining the same rights as biological parents.<\/td><\/tr>
    2(3)<\/td>Adoption Regulations<\/td>Regulations framed by the Central Adoption Resource Authority and notified by the Central Government. These are rules governing adoption processes in India.<\/td>Guidelines specifying eligibility criteria for prospective adoptive parents.<\/td><\/tr>
    2(5)<\/td>Aftercare<\/td>Support for individuals aged 18-21 leaving institutional care to reintegrate into society. Provides transitional assistance, such as financial aid or skill training.<\/td>A girl who aged out of a shelter home receives vocational training support.<\/td><\/tr>
    2(6)<\/td>Authorized Foreign Adoption Agency<\/td>A foreign social\/child welfare agency authorized by CARA to facilitate adoption by foreign citizens. Ensures that international adoptions follow ethical and legal procedures.<\/td>An agency in the U.S. authorized to process Indian child adoptions.<\/td><\/tr>
    2(7)<\/td>Authority<\/td>Refers to the Central Adoption Resource Authority constituted under Sec 68. CARA oversees adoption processes in India.<\/td>CARA manages inter-country adoption procedures.<\/td><\/tr>
    2(8)<\/td>Begging<\/td>Soliciting or receiving alms in public\/private places, or exposing wounds\/deformities to gain alms. The act of begging includes extortion or emotional manipulation for money.<\/td>A person exhibiting injuries on a train to solicit money.<\/td><\/tr>
    2(9)<\/td>Best Interest of the Child<\/td>Decisions ensuring the child’s basic rights, identity, and holistic development. Prioritizes the child’s well-being above all else.<\/td>Placing a child in foster care to protect them from abuse at home.<\/td><\/tr>
    2(10)<\/td>Board<\/td>The Juvenile Justice Board constituted under Sec 4. Handles cases involving children in conflict with the law.<\/td>A Board adjudicating a case of a minor accused of theft.<\/td><\/tr>
    2(11)<\/td>Central Authority<\/td>A government department under the Hague Convention on Inter-country Adoption. Coordinates with foreign authorities for legal adoptions.<\/td>The Central Authority helps process an NRI adoption application.<\/td><\/tr>
    2(12)<\/td>Child<\/td>A person below 18 years of age. Defined as a minor under Indian law.<\/td>A 16-year-old boy is considered a child under this Act.<\/td><\/tr>
    2(13)<\/td>Child in Conflict with Law<\/td>A child under 18 alleged or found to have committed an offence. Focuses on rehabilitation rather than punishment.<\/td>A 17-year-old caught shoplifting is dealt with under this provision.<\/td><\/tr>
    2(14)<\/td>Child in Need of Care and Protection<\/td>A child without care\/support or at risk of harm, as defined under specific criteria. Includes abandoned, abused, or vulnerable children.<\/td>A mentally ill child with unfit guardians is protected under this category.<\/td><\/tr>
    2(15)<\/td>Child-friendly<\/td>Practices or environments that prioritize a child’s well-being and humane treatment. Ensures child-sensitive approaches in all dealings.<\/td>A child-friendly court with informal seating arrangements.<\/td><\/tr>
    2(16)<\/td>Child Legally Free for Adoption<\/td>A child declared adoptable after due inquiry by the Committee under Sec 38. Ensures the child’s status for adoption is legally established.<\/td>An abandoned baby declared legally free for adoption after investigation.<\/td><\/tr>
    2(17)<\/td>Child Welfare Officer<\/td>An officer attached to a Children’s Home for implementing Committee\/Board directions. Provides support to children in institutional care.<\/td>A welfare officer ensures educational access for children in a shelter home.<\/td><\/tr>
    2(18)<\/td>Child Welfare Police Officer<\/td>A police officer designated under Sec 107 to handle cases involving children. Trained to interact sensitively with minors.<\/td>A CWPO assists in investigating a child trafficking case.<\/td><\/tr>
    2(19)<\/td>Children’s Home<\/td>A State or NGO-run facility for care and rehabilitation of children in need of care\/protection. Provides safe shelter for vulnerable children.<\/td>A government-run home for abandoned children.<\/td><\/tr>
    2(20)<\/td>Children’s Court<\/td>A court designated under specific Acts to handle child-related cases. Ensures speedy and child-sensitive adjudication.<\/td>A court hearing a child abuse case.<\/td><\/tr>
    2(21)<\/td>Child Care Institution<\/td>Includes Children’s Homes, observation homes, special homes, or any institution providing care and protection to children in need. Encompasses facilities for children requiring support.<\/td>An NGO-run shelter for street children.<\/td><\/tr>
    2(22)<\/td>Committee<\/td>The Child Welfare Committee constituted under Sec 27. Focuses on rehabilitation and welfare of children in need of care\/protection.<\/td>A committee deciding on custody of an abandoned child.<\/td><\/tr>
    2(23)<\/td>Court<\/td>Civil courts handling adoption and guardianship matters, including District, Family, and City Civil Courts. Courts authorized to process legal guardianship\/adoption.<\/td>A Family Court approving an adoption application.<\/td><\/tr>
    2(24)<\/td>Corporal Punishment<\/td>Physical punishment inflicted on a child for disciplining or reforming them. Prohibited under the Act due to its harmful effects.<\/td>A teacher hitting a student is considered corporal punishment.<\/td><\/tr>
    2(25)<\/td>Childline Services<\/td>A 24-hour emergency outreach service linking children in crisis to care and rehabilitation. Provides immediate help for children in distress.<\/td>A child rescued through a call to 1098 helpline.<\/td><\/tr>
    2(26)<\/td>District Child Protection Unit<\/td>A district-level unit established for implementing child protection measures. Coordinates all child welfare initiatives in a district.<\/td>A unit arranging foster care for orphans.<\/td><\/tr>
    2(26-A)<\/td>District Management<\/td>Includes additional district magistrates managing district-level child welfare efforts. Enhances administrative oversight in child protection matters.<\/td>An ADM supervising a children’s shelter audit.<\/td><\/tr>
    2(27)<\/td>Fit Facility<\/td>A government or NGO-run facility temporarily taking responsibility for a child, recognized by the Committee or Board. Offers short-term care for specific needs.<\/td>A hospital identified as a fit facility for a sick child.<\/td><\/tr>
    2(28)<\/td>Fit Person<\/td>An individual recognized by the Committee\/Board as capable of taking responsibility for a child. Ensures the child’s well-being under temporary care.<\/td>A relative appointed to care for a child after parental loss.<\/td><\/tr>
    2(29)<\/td>Foster Care<\/td>Placement of a child in a qualified family other than their biological family. Provides temporary care in a family setting.<\/td>A foster family caring for an abandoned infant until adoption.<\/td><\/tr>
    2(30)<\/td>Foster Family<\/td>A family approved by the District Child Protection Unit to provide foster care. Acts as a substitute family for children in need.<\/td>A couple fostering a 12-year-old boy.<\/td><\/tr>
    2(31)<\/td>Guardian<\/td>A natural or appointed caretaker of a child, recognized by the Committee or Board. Responsible for the child’s well-being.<\/td>An elder sibling acting as a guardian for orphaned minors.<\/td><\/tr>
    2(32)<\/td>Group Foster Care<\/td>A family-like care facility for children without parental care, promoting a sense of belonging. Creates a community-based environment.<\/td>A group foster home for children affected by natural disasters.<\/td><\/tr>
    2(33)<\/td>Heinous Offences<\/td>Offences under IPC or other laws with minimum punishment of seven years or more. Applies to severe crimes committed by children.<\/td>A 17-year-old charged with homicide.<\/td><\/tr>
    2(34)<\/td>Inter-country Adoption<\/td>Adoption of an Indian child by a non-resident Indian, person of Indian origin, or foreigner. Ensures legal and ethical procedures for international adoptions.<\/td>An American couple adopting a child from India.<\/td><\/tr>
    2(35)<\/td>Juvenile<\/td>A person below 18 years of age. Defined as a minor under this Act.<\/td>A 15-year-old charged with a petty theft.<\/td><\/tr>
    2(36)<\/td>Narcotic Drug and Psychotropic Substance<\/td>Defined under the Narcotic Drugs and Psychotropic Substances Act, 1985. Includes substances harmful to health and subject to strict regulations.<\/td>Seizure of illegal cannabis from a juvenile.<\/td><\/tr>
    2(37)<\/td>No Objection Certificate for Inter-country Adoption<\/td>Certificate issued by CARA for foreign adoption processes. Confirms the legality of inter-country adoption.<\/td>CARA issuing a certificate for a Canadian couple adopting from India.<\/td><\/tr>
    2(38)<\/td>Non-resident Indian<\/td>A person holding an Indian passport but residing abroad for more than one year. Eligible for adoption under Indian law.<\/td>An NRI in the U.S. adopting a child from an Indian shelter.<\/td><\/tr>
    2(39)<\/td>Notification<\/td>A formal announcement published in the Official Gazette. Public communication about laws, regulations, or guidelines.<\/td>A notification about child adoption procedures published in the Gazette.<\/td><\/tr>
    2(40)<\/td>Observation Home<\/td>A facility for children awaiting legal proceedings or under care orders, run by the State Government or NGOs. Provides a temporary, protective environment for children in conflict with the law.<\/td>A child placed in an observation home while awaiting trial for a theft charge.<\/td><\/tr>
    2(41)<\/td>Open Shelter<\/td>A facility for children in need of care and protection, providing short-term shelter. Offers flexible care and shelter for children who are not institutionalized.<\/td>A shelter offering housing and meals for children found on the streets.<\/td><\/tr>
    2(42)<\/td>Orphan<\/td>A child without biological or adoptive parents or legal guardians. A child who has lost both parents and has no guardian willing or able to care for them.<\/td>A child whose parents die in an accident and no relatives are willing to take responsibility.<\/td><\/tr>
    2(43)<\/td>Overseas Citizen of India<\/td>A person who is registered under the Citizenship Act, 1955 as an Overseas Citizen of India. People of Indian descent who hold specific citizenship status abroad.<\/td>An individual of Indian descent, holding an OCI card, living in the UK.<\/td><\/tr>
    2(44)<\/td>Person of Indian Origin<\/td>A person with Indian ancestry who holds a Person of Indian Origin card. This status applies to foreign nationals with Indian heritage.<\/td>A person of Indian descent living in Canada, holding a PIO card.<\/td><\/tr>
    2(45)<\/td>Petty Offences<\/td>Offences for which the maximum punishment is imprisonment up to three years. Minor crimes carrying lighter punishments.<\/td>A 16-year-old caught shoplifting and sentenced to probation.<\/td><\/tr>
    2(46)<\/td>Place of Safety<\/td>A facility where children in conflict with the law are placed for care and rehabilitation. Safe spaces for children who may have been found guilty or awaiting trial.<\/td>A child sent to a place of safety while awaiting a court verdict.<\/td><\/tr>
    2(47)<\/td>Prescribed<\/td>Rules or procedures established under the Act. Official guidelines or protocols that must be followed.<\/td>The prescribed age limits for adoption.<\/td><\/tr>
    2(48)<\/td>Probation Officer<\/td>An officer appointed to monitor children on probation or handle juvenile cases. Ensures rehabilitation of juveniles through regular monitoring.<\/td>A probation officer visiting a juvenile in foster care.<\/td><\/tr>
    2(49)<\/td>Prospective Adoptive Parents<\/td>Individuals eligible to adopt as per the adoption laws. People approved to adopt a child under the legal framework.<\/td>A couple going through the adoption process to adopt a child from a shelter.<\/td><\/tr>
    2(50)<\/td>Public Place<\/td>A location that is publicly accessible, as defined in the Immoral Traffic (Prevention) Act, 1956. Areas accessible to the general public.<\/td>A public park or street is considered a public place.<\/td><\/tr>
    2(51)<\/td>Registered<\/td>Refers to child care institutions or agencies that are formally recognized by the authorities. Institutions or organizations that have undergone official registration for child welfare purposes.<\/td>A registered children’s home operating under government oversight.<\/td><\/tr>
    2(52)<\/td>Relative<\/td>A paternal or maternal relative such as an uncle, aunt, or grandparent, in relation to a child. Family members recognized for adoption purposes.<\/td>An uncle becoming the legal guardian of a child after the death of both parents.<\/td><\/tr>
    2(53)<\/td>State Agency<\/td>The State Adoption Resource Agency (SARA), responsible for adoption-related tasks. A state-run agency managing and overseeing adoption procedures.<\/td>SARA facilitating the adoption of a child by a local couple.<\/td><\/tr>
    2(54)<\/td>Serious Offences<\/td>Offences where the punishment is between 3 to 7 years of imprisonment. More severe crimes with moderate penalties.<\/td>A child involved in a robbery charge carrying a 5-year sentence.<\/td><\/tr>
    2(55)<\/td>Special Juvenile Police Unit<\/td>A police unit designated to handle juvenile-related matters. A police team trained to deal specifically with juveniles.<\/td>A juvenile police unit responding to a case of a missing child.<\/td><\/tr>
    2(56)<\/td>Special Home<\/td>An institution for housing and rehabilitating children found to be in conflict with the law. A correctional facility aimed at rehabilitation, not punishment.<\/td>A juvenile sentenced to a special home for theft.<\/td><\/tr>
    2(57)<\/td>Specialised Adoption Agency<\/td>An institution recognized for managing the adoption process, specifically for orphaned, abandoned, or surrendered children. Agencies responsible for organizing and facilitating adoptions.<\/td>A recognized adoption agency facilitating a local or international adoption.<\/td><\/tr>
    2(58)<\/td>Sponsorship<\/td>Financial or supplementary support for families caring for children, especially for medical, educational, or developmental needs. Assistance provided to ensure proper care for children.<\/td>A sponsorship program helping a family cover the educational costs of a foster child.<\/td><\/tr>
    2(59)<\/td>State Government<\/td>The government authority in charge of child welfare programs within a Union Territory. Refers to the governing body responsible for implementing laws in the Union Territories.<\/td>The Delhi State Government implementing adoption regulations.<\/td><\/tr>
    2(60)<\/td>Surrendered Child<\/td>A child voluntarily given up by their parent or guardian due to physical, emotional, or social reasons. A child handed over by the guardian because they cannot care for them.<\/td>A parent surrendering their new-born to a recognized adoption agency due to financial difficulties.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    5. What are the functions of Juvenile Justice Board (JJB)?<\/strong><\/h2>\n\n\n\n

    The Juvenile Justice Board (JJB) performs several important functions under the Juvenile Justice Act, 2015. These are as follows:<\/p>\n\n\n\n

      \n
    • Handling CCL Cases:<\/strong> Handles cases involving Children in Conflict with Law (CCLs), ensuring fair and child-friendly proceedings.<\/li>\n\n\n\n
    • Bail Decisions:<\/strong> Decides bail applications for juveniles, considering their best interests and safety. For example, a CCL accused of theft may be released on bail for rehabilitation.<\/li>\n\n\n\n
    • Preliminary Assessments:<\/strong> Conducts preliminary assessments for juveniles aged 16-18 to decide if they should be tried as adults for heinous crimes.<\/li>\n\n\n\n
    • Inquiry into Offences:<\/strong> Inquires into the involvement of juveniles in offences, focusing on facts and circumstances rather than punitive measures.<\/li>\n\n\n\n
    • Rehabilitation Decisions:<\/strong> Makes decisions for the rehabilitation and social reintegration of CCLs through counseling and vocational training.<\/li>\n\n\n\n
    • School Re-admission Orders:<\/strong> Issues orders to schools to re-admit juveniles whose names were removed due to pending inquiries.<\/li>\n\n\n\n
    • Continuation of Education:<\/strong> Directs the continuation of a child’s education even during their stay in Observation Homes or probation periods.<\/li>\n\n\n\n
    • Monthly Inspections:<\/strong> Conducts monthly inspections of Observation Homes to ensure a safe and nurturing environment for juveniles.<\/li>\n\n\n\n
    • FIR Registration Orders:<\/strong> Orders police to register FIRs for crimes against juveniles, ensuring prompt action on complaints. For instance, in cases of abuse or trafficking.<\/li>\n\n\n\n
    • Collaboration with CWC:<\/strong> Collaborates with the Child Welfare Committee to address complaints and ensure the protection of CCLs and their rights.<\/li>\n<\/ul>\n\n\n\n

      6. What are the General Principles of Care and Protection of Children?<\/strong><\/h2>\n\n\n\n

      The Juvenile Justice (Care and Protection of Children) Act, 2015, lays down the following general principles under Sec 3 for the care and protection of children:<\/p>\n\n\n\n

      No.<\/strong><\/th>Principle<\/strong><\/th>Explanation<\/strong><\/th><\/tr><\/thead>
      1<\/td>Principle of Presumption of Innocence<\/td>Every child is presumed innocent unless proven otherwise. The benefit of doubt is given to children in legal proceedings.<\/td><\/tr>
      2<\/td>Principle of Dignity and Worth<\/td>Children must be treated with respect, ensuring their dignity. Any action or decision should promote their self-worth.<\/td><\/tr>
      3<\/td>Principle of Participation<\/td>Children have the right to be heard in all matters concerning them. Their opinions should be taken into account during proceedings.<\/td><\/tr>
      4<\/td>Principle of Best Interest<\/td>Decisions should prioritize the physical, emotional, and mental well-being of the child. For example, a child rescued from labor should be placed in a safe environment that supports their growth.<\/td><\/tr>
      5<\/td>Principle of Family Responsibility<\/td>Families are recognized as primary caregivers and should be supported in fulfilling this role. Wherever possible, efforts should be made to reunite children with their families.<\/td><\/tr>
      6<\/td>Principle of Safety<\/td>Children must be protected from harm, neglect, abuse, and exploitation. Safe spaces must be provided during rehabilitation.<\/td><\/tr>
      7<\/td>Positive Measures<\/td>Proactive steps should be taken to address the root causes of juvenile offenses. For instance, providing education and vocational training to prevent delinquency.<\/td><\/tr>
      8<\/td>Principle of Non-Stigmatizing Semantics<\/td>Avoid language that labels or stigmatizes children, such as “delinquent.” Use terms like “child in conflict with the law” instead.<\/td><\/tr>
      9<\/td>Principle of Non-Waiver of Rights<\/td>Children cannot waive their legal rights, even unintentionally. Authorities must ensure their rights are always protected.<\/td><\/tr>
      10<\/td>Principle of Equality and Non-Discrimination<\/td>Every child must be treated equally, regardless of gender, religion, caste, or social background. Discrimination is prohibited at all levels.<\/td><\/tr>
      11<\/td>Principle of Right to Privacy and Confidentiality<\/td>The identity of children in legal proceedings must be protected. Media cannot disclose the child’s name or details.<\/td><\/tr>
      12<\/td>Principle of Institutionalization as a Measure of Last Resort<\/td>Institutional care should only be considered when other options, like family care, are not viable. It should be for the shortest duration possible.<\/td><\/tr>
      13<\/td>Principle of Repatriation and Restoration<\/td>Efforts should be made to return children to their families or home states. For example, a trafficked child should be reunited with their family once it is safe.<\/td><\/tr>
      14<\/td>Principle of Fresh Start<\/td>A child’s past offenses must not be held against them in the future. Records of offenses can be expunged to allow reintegration into society.<\/td><\/tr>
      15<\/td>Principle of Diversion<\/td>Minor offenses should be handled outside formal judicial processes, like through counseling or community service. This prevents unnecessary exposure to the criminal justice system.<\/td><\/tr>
      16<\/td>Principles of Natural Justice<\/td>Fairness, impartiality, and transparency must guide all proceedings involving children. Decisions must be made without bias, ensuring due process.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

      7. What are the key provisions related to the constitution, functioning, and responsibilities of the Juvenile Justice Board?<\/strong><\/h2>\n\n\n\n
      Aspect<\/strong><\/th>Provision<\/strong><\/th><\/tr><\/thead>
      Constitution<\/strong><\/td>The State Government must constitute one or more Juvenile Justice Boards in each district to handle cases of children in conflict with the law as per Chapter III of the Act.<\/td><\/tr>
      Composition<\/strong><\/td>The Juvenile Justice Board consists of a Principal Magistrate with at least three years of experience and two social workers, one of whom must be a woman.<\/td><\/tr>
      Qualification of Social Workers<\/strong><\/td>Social workers appointed to the Board should have been actively involved in child welfare for at least seven years or hold a degree in relevant fields like child psychology or law.<\/td><\/tr>
      Disqualification<\/strong><\/td>A person is not eligible to be appointed to the Board if they have violated human or child rights, been convicted of a moral offence, or have a history of child abuse or exploitation.<\/td><\/tr>
      Training Requirement<\/strong><\/td>All members, including the Principal Magistrate, must undergo training and sensitization on child care, protection, and legal provisions within 60 days of appointment.<\/td><\/tr>
      Removal of Members<\/strong><\/td>The Board’s members can be removed if they misuse their powers, miss consecutive meetings without a valid reason, or fail to attend enough meetings in a year.<\/td><\/tr>
      Child Turning 18 During Inquiry<\/strong><\/td>When a child turns 18 during an inquiry, the Board can continue the inquiry and pass orders as if the individual were still a child.<\/td><\/tr>
      Person 18 but Offence Committed as Minor<\/strong><\/td>A person who is 18 but committed an offence when a minor shall be treated as a child during the inquiry process and may be placed in a place of safety.<\/td><\/tr>
      Child-Friendly Procedures<\/strong><\/td>The Board ensures that all procedures are child-friendly, and the venue does not resemble a regular court to avoid intimidating the child.<\/td><\/tr>
      Individual Member Proceedings<\/strong><\/td>If needed, the Board may produce a child before an individual member when the full Board is not sitting.<\/td><\/tr>
      Majority Opinion<\/strong><\/td>The majority opinion of the Board prevails in case of disagreements, with the Principal Magistrate’s opinion being final if there is no majority.<\/td><\/tr>
      Exclusive Jurisdiction<\/strong><\/td>The Board has exclusive jurisdiction over matters related to children in conflict with the law in its district, and its powers can also be exercised by the High Court or Children’s Court in appeals or revisions.<\/td><\/tr>
      Responsibilities<\/strong><\/td>The Board is responsible for ensuring the child’s rights are protected throughout the process, providing legal aid, and conducting regular inspections of institutions for children.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

      8. What are the procedures to be followed when a person, who was a child at the time of committing an offence, is brought before a court?<\/strong><\/h2>\n\n\n\n
      Step<\/strong><\/th>Procedure<\/strong><\/th><\/tr><\/thead>
      1. Recording Opinion<\/strong><\/td>If a person brought before a Magistrate is believed to be a child, the Magistrate must record this opinion and immediately send the child to the relevant Juvenile Justice Board.<\/td><\/tr>
      2. Claim of Being a Child<\/strong><\/td>If a person claims to have been a child when the offence was committed, or the court believes they were, an inquiry should be conducted to determine the person’s age.<\/td><\/tr>
      3. Disputed Age<\/strong><\/td>In cases where the person’s age is disputed, the court must gather evidence and record the age as accurately as possible.<\/td><\/tr>
      4. Stage of Claim<\/strong><\/td>The claim of the person being a child can be made at any stage of the proceedings, even after the final decision has been made.<\/td><\/tr>
      5. Finding of Being a Child<\/strong><\/td>If the court finds that the person was a child when the offence was committed, they will forward the case to the Board, and any court sentence will be considered void.<\/td><\/tr>
      6. Protective Custody<\/strong><\/td>If a person is being kept in protective custody while their age is being determined, they may be placed in a place of safety.<\/td><\/tr>
      7. Prompt Inquiry<\/strong><\/td>The inquiry into the person’s age must be done quickly to avoid unnecessary delays in proceedings.<\/td><\/tr>
      8. Prescribed Rules<\/strong><\/td>The inquiry process should follow the rules prescribed under the Juvenile Justice Act to ensure fairness and accuracy.<\/td><\/tr>
      9. Board’s Decision<\/strong><\/td>If the person is confirmed to be a child, the Board will decide on the appropriate action or rehabilitation plan.<\/td><\/tr>
      10. No Sentence<\/strong><\/td>The court should not pass any sentence if the person is found to be a child at the time of committing the offence.<\/td><\/tr>
      11. Care and Consideration<\/strong><\/td>During the inquiry, the person should be treated with care and consideration, ensuring that their rights are protected.<\/td><\/tr>
      12. FIR Registration<\/strong><\/td>The Board may order the police to register an FIR for any offences committed by the child, as required under the Act.<\/td><\/tr>
      13. Purpose of Inquiry<\/strong><\/td>The inquiry procedure is designed to ensure that children are treated fairly and given an opportunity for rehabilitation, rather than punishment.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

      9. Who is Juvenile in Conflict with Law? State the provisions concerning release of such juvenile on bail.<\/strong><\/h2>\n\n\n\n

      Who is a Juvenile in Conflict with Law?<\/strong><\/p>\n\n\n\n

        \n
      • A juvenile in conflict with law is a person who is alleged to have committed an offence and is under the age of 18 years.<\/li>\n<\/ul>\n\n\n\n

        Provisions Concerning Release on Bail (Secs 10 to 12 of the Act):<\/strong><\/p>\n\n\n\n

          \n
        • Care After Arrest:<\/strong> When a juvenile is arrested, they must be placed under the care of a special juvenile police unit or a child welfare officer.<\/li>\n\n\n\n
        • Production Before Board:<\/strong> The juvenile must be produced before a Juvenile Justice Board within 24 hours, excluding the time for travel.<\/li>\n\n\n\n
        • No Police Lockup:<\/strong> The juvenile should not be kept in a police lockup or jail under any circumstances.<\/li>\n\n\n\n
        • Bailable Offence:<\/strong> If the juvenile is accused of a bailable offence, they may be released on bail, either with or without surety.<\/li>\n\n\n\n
        • Non-Bailable Offence:<\/strong> If the juvenile is accused of a non-bailable offence, the Board may release them on bail, or they may be placed under the supervision of a probation officer.<\/li>\n\n\n\n
        • Grounds for Denial of Bail:<\/strong> Bail may be denied if the juvenile is likely to come into contact with criminals, or if their release may endanger their safety or disrupt justice.<\/li>\n\n\n\n
        • If Bail Not Granted by Police:<\/strong> If bail is not granted by the police officer, the juvenile will be placed in an observation home.<\/li>\n\n\n\n
        • If Bail Not Granted by Board:<\/strong> If the juvenile is not released on bail by the Board, they may be sent to an observation home or place of safety.<\/li>\n\n\n\n
        • Failure to Fulfill Bail Conditions:<\/strong> If the juvenile is unable to fulfill the bail conditions within 7 days, they will be brought before the Board to modify the bail conditions.<\/li>\n\n\n\n
        • Board’s Consideration:<\/strong> The Board considers the juvenile’s age, circumstances of the case, and their risk before deciding whether to grant bail.<\/li>\n\n\n\n
        • Case Law \u2013 State v. Sandeep Kumar (2019):<\/strong> The court considered the juvenile’s background before granting bail.<\/li>\n\n\n\n
        • Case Law \u2013 Ravi Kumar v. State of Rajasthan (2017):<\/strong> The juvenile was granted bail due to the absence of previous criminal records and family support.<\/li>\n<\/ul>\n\n\n\n

          10. Discuss the constitution and powers of Juvenile Justice Board with reference to Juvenile Justice Act.<\/strong><\/h2>\n\n\n\n

          Constitution of Juvenile Justice Board:<\/strong><\/p>\n\n\n\n

            \n
          • The Juvenile Justice Board (JJB) is constituted under Section 4 of the Juvenile Justice Act.<\/li>\n\n\n\n
          • The Board consists of a Chairperson and two members, one of whom must be a woman.<\/li>\n\n\n\n
          • The members of the Board must have expertise in child psychology, law, or social work.<\/li>\n<\/ul>\n\n\n\n

            Powers of Juvenile Justice Board:<\/strong><\/p>\n\n\n\n

              \n
            • The Board is responsible for conducting inquiries regarding juveniles in conflict with the law.<\/li>\n\n\n\n
            • The Board ensures that the juvenile’s best interests are taken into account during the inquiry.<\/li>\n\n\n\n
            • The Board has the authority to order the juvenile’s placement in observation homes, special homes, or other care facilities.<\/li>\n\n\n\n
            • The Board is empowered to release the juvenile on probation or bail if appropriate.<\/li>\n\n\n\n
            • The Board can also issue orders for counselling or educational support for the juvenile.<\/li>\n\n\n\n
            • The Board must act within the framework of the Juvenile Justice Act and ensure that proceedings are child-friendly.<\/li>\n\n\n\n
            • It has the authority to hear cases involving petty, serious, or heinous offences committed by juveniles.<\/li>\n\n\n\n
            • For instance, in Kumar v. State of UP (2018), the Board ordered the juvenile to be placed in a special home for reformative care.<\/li>\n\n\n\n
            • The Board ensures the rehabilitation and reintegration of juveniles into society, focusing on their mental and emotional well-being.<\/li>\n\n\n\n
            • The case of Laxmi Devi v. State (2019) highlights the Board’s role in ordering a juvenile’s educational support and psychological counselling.<\/li>\n<\/ul>\n\n\n\n

              11. What are the powers of Juvenile Justice Board?<\/strong><\/h2>\n\n\n\n
                \n
              • Conduct Inquiries:<\/strong> The Juvenile Justice Board has the power to conduct inquiries under Sections 14 to 18 of the Juvenile Justice Act.<\/li>\n\n\n\n
              • Pass Orders on Detention or Release:<\/strong> It has the power to pass orders regarding the detention or release of a juvenile.<\/li>\n\n\n\n
              • Placement in Care Facilities:<\/strong> The Board can place a juvenile in an observation home, special home, or a place of safety for their care and rehabilitation.<\/li>\n\n\n\n
              • Release on Probation:<\/strong> It can order the juvenile’s release on probation, with or without surety, based on the circumstances of the case.<\/li>\n\n\n\n
              • Direct Parents or Guardians:<\/strong> The Board is empowered to direct the juvenile’s parents or guardians to pay fines or participate in counselling.<\/li>\n\n\n\n
              • Community Service:<\/strong> It can also direct the juvenile to perform community service under supervision.<\/li>\n\n\n\n
              • Education and Vocational Training:<\/strong> The Board can issue orders for the juvenile’s education, vocational training, and participation in de-addiction programmes.<\/li>\n\n\n\n
              • Dispose of Cases:<\/strong> It has the authority to dispose of cases involving petty, serious, or heinous offences committed by juveniles.<\/li>\n\n\n\n
              • Decision on Trial as Adult:<\/strong> The Board can decide whether a juvenile should be tried as an adult, after conducting a preliminary assessment in heinous offence cases.<\/li>\n\n\n\n
              • Protection of Rights:<\/strong> The Board ensures that the juvenile’s rights are protected during the proceedings and that they are treated with dignity.<\/li>\n\n\n\n
              • Case Law \u2013 Vikram v. State of Maharashtra (2020):<\/strong> The Board ordered a juvenile’s rehabilitation through vocational training after a non-violent offence.<\/li>\n\n\n\n
              • Case Law \u2013 Deepak v. State of Kerala (2019):<\/strong> The Board directed the juvenile to attend school and participate in group counselling.<\/li>\n\n\n\n
              • Purpose:<\/strong> The Board’s power is to ensure that the juvenile is reformed and reintegrated into society without causing harm to others.<\/li>\n<\/ul>\n\n\n\n

                12. State the orders that may be passed regarding juveniles by the JJ Board.<\/strong><\/h2>\n\n\n\n
                  \n
                • Orders under Section 18:<\/strong> The Juvenile Justice Board can issue orders under Section 18 for the rehabilitation and reintegration of the juvenile.<\/li>\n\n\n\n
                • Go Home After Counselling:<\/strong> It may direct the juvenile to go home after counselling, admonition, or advice.<\/li>\n\n\n\n
                • Group Counselling:<\/strong> The Board can order the juvenile to attend group counselling or similar rehabilitation activities.<\/li>\n\n\n\n
                • Community Service:<\/strong> The Board may direct the juvenile to perform community service under supervision.<\/li>\n\n\n\n
                • Payment of Fine:<\/strong> It can order the juvenile or their parents\/guardians to pay a fine, ensuring it doesn’t violate labour laws.<\/li>\n\n\n\n
                • Release on Probation:<\/strong> The Board can release the juvenile on probation, either with or without surety, for a period not exceeding three years.<\/li>\n\n\n\n
                • Supervision of Fit Person or Facility:<\/strong> It can place the juvenile under the supervision of a fit person or facility for reform and care.<\/li>\n\n\n\n
                • Special Home:<\/strong> The Board can send the juvenile to a special home for a period not exceeding three years for education, skill development, and therapy.<\/li>\n\n\n\n
                • Place of Safety:<\/strong> It can also send the juvenile to a place of safety if the special home is unsuitable for the juvenile’s needs.<\/li>\n\n\n\n
                • School, Vocational Training, or Therapeutic Centre:<\/strong> The Board may direct the juvenile to attend school, vocational training, or a therapeutic centre.<\/li>\n\n\n\n
                • Case Law \u2013 Krishan Kumar v. State of Haryana (2018):<\/strong> The Board ordered a juvenile to attend a vocational training centre after a minor offence.<\/li>\n\n\n\n
                • Case Law \u2013 Anil v. State (2020):<\/strong> The Board directed the juvenile to be placed in a special home for psychiatric therapy and behaviour modification.<\/li>\n\n\n\n
                • Case Law \u2013 Sanjay Kumar v. State of Punjab (2017):<\/strong> The Board ordered a juvenile’s release on probation, contingent on good conduct.<\/li>\n<\/ul>\n\n\n\n

                  13. Discuss “Employment of Juvenile or Child for Begging”<\/strong><\/h2>\n\n\n\n
                    \n
                  • Legal Provision:<\/strong> Section 76 of the Juvenile Justice Act specifically addresses the crime of employing or using a child for begging, which is prohibited by law.<\/li>\n\n\n\n
                  • Punishment for Employing Child for Begging:<\/strong> Anyone who employs or forces a child to beg, or causes a child to engage in begging activities, can face imprisonment for up to five years and a fine of up to one lakh rupees.<\/li>\n\n\n\n
                  • Punishment for Maiming Child for Begging:<\/strong> If a person intentionally harms the child by amputating or maiming them for the purpose of begging, the punishment increases to rigorous imprisonment for a minimum of seven years, extending up to ten years, along with a fine of up to five lakh rupees.<\/li>\n\n\n\n
                  • Abetment by Guardian:<\/strong> If a guardian or person with control over the child abets this crime, they will face the same punishment as the person who directly employs the child for begging.<\/li>\n\n\n\n
                  • Unfitness to Care for Child:<\/strong> A person who is found guilty of aiding such offenses will be considered unfit to care for or control the child under the provisions of the Juvenile Justice Act, specifically under sub-clause (v) of clause (14) of section 2.<\/li>\n\n\n\n
                  • Child Not Considered Offender:<\/strong> The child involved in begging, even if they were forced into the act, is not considered a “child in conflict with law” under this section.<\/li>\n\n\n\n
                  • Rehabilitation of Child:<\/strong> The child will be removed from the custody or control of the person who made them beg and will be placed before the Child Welfare Committee for rehabilitation.<\/li>\n\n\n\n
                  • Child as Victim:<\/strong> The law recognizes that children used for begging are victims of abuse and exploitation rather than offenders.<\/li>\n\n\n\n
                  • Reintegration Efforts:<\/strong> Efforts will be made to rehabilitate and reintegrate the child back into society, ensuring they have access to education, shelter, and proper care.<\/li>\n\n\n\n
                  • Purpose of the Law:<\/strong> This law aims to curb the exploitation of children and provides strong penalties for those responsible for forcing children into begging.<\/li>\n\n\n\n
                  • Intervention by Authorities:<\/strong> If the child is found to be living in such conditions, social workers and authorities will intervene to protect the child’s rights and prevent further harm.<\/li>\n\n\n\n
                  • Strong Message:<\/strong> The law sends a strong message against using children in begging, highlighting the importance of child protection and the severe consequences for those who exploit children.<\/li>\n\n\n\n
                  • Case Law:<\/strong> In People’s Union for Civil Liberties vs. Union of India (1997), the courts emphasized the need to protect children from exploitation, including the practice of forcing children into begging.<\/li>\n<\/ul>\n\n\n\n

                    14. State how Child Welfare Committee is constituted under the Juvenile Justice Act, 2015 and explain the powers of the committee.<\/strong><\/h2>\n\n\n\n

                    Constitution of Child Welfare Committee (CWC) (Sections 27-30):<\/strong><\/p>\n\n\n\n

                      \n
                    • Establishment:<\/strong> Child Welfare Committees (CWCs) are established under Section 27 by the State Government.<\/li>\n\n\n\n
                    • Composition:<\/strong> The Committee comprises a Chairperson and four members, one of whom must be a woman and one an expert on child matters.<\/li>\n\n\n\n
                    • Qualifications:<\/strong> Members must have at least seven years of experience in child health, education, or welfare activities, or hold relevant qualifications in fields like law, psychology, or social work.<\/li>\n\n\n\n
                    • Oversight:<\/strong> The District Magistrate oversees the committee’s functioning and acts as the grievance redressal authority for any connected issues.<\/li>\n<\/ul>\n\n\n\n

                      Powers of Child Welfare Committee (CWC):<\/strong><\/p>\n\n\n\n

                        \n
                      • Magisterial Powers:<\/strong> CWCs have powers equivalent to a Metropolitan Magistrate or a Judicial Magistrate of the First Class.<\/li>\n\n\n\n
                      • Meetings:<\/strong> They meet at least 20 days a month to conduct inquiries, hear cases, and address child welfare matters.<\/li>\n\n\n\n
                      • Case Management:<\/strong> They have the authority to manage cases related to child care, protection, rehabilitation, and ensuring their rights.<\/li>\n\n\n\n
                      • Placement Directions:<\/strong> CWCs can direct the placement of children in foster care, children’s homes, or fit facilities.<\/li>\n\n\n\n
                      • Surrendered Children:<\/strong> They ensure that surrendered children are placed in appropriate facilities and certify surrender deeds after a two-month reconsideration period.<\/li>\n\n\n\n
                      • Inspections:<\/strong> CWCs conduct monthly inspections of children’s homes and institutions to ensure quality care and services.<\/li>\n\n\n\n
                      • Adoption Declaration:<\/strong> They facilitate the declaration of orphaned, abandoned, and surrendered children as legally free for adoption.<\/li>\n\n\n\n
                      • Suo Moto Cognizance:<\/strong> CWCs can take suo moto cognizance of cases, ensuring children in need of care are brought to their notice.<\/li>\n\n\n\n
                      • Coordination:<\/strong> They coordinate with law enforcement and other departments for child protection.<\/li>\n\n\n\n
                      • Case Law \u2013 Dr. Sushil Sharma v. State of Haryana (2020):<\/strong> Reinforced the CWC’s role in ensuring the best interests of children, particularly in abandonment and abuse cases.<\/li>\n<\/ul>\n\n\n\n

                        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)<\/strong><\/h2>\n\n\n\n
                          \n
                        • Who Can Present a Child:<\/strong> Section 31 specifies who can present a child before the Committee, including police, NGOs, or even the child themselves.<\/li>\n\n\n\n
                        • Qualifying Criteria:<\/strong> Children without family support, those abandoned, working in hazardous conditions, abused, or threatened, qualify under Section 14 of the Act.<\/li>\n\n\n\n
                        • Medical or Educational Needs:<\/strong> Medical or educational needs, especially of children with disabilities or illnesses, also classify them as requiring care.<\/li>\n\n\n\n
                        • Immediate Safety and Placement:<\/strong> The CWC ensures immediate safety and placement in children’s homes, foster care, or adoption agencies, if necessary.<\/li>\n\n\n\n
                        • Orphaned and Abandoned Children:<\/strong> Orphaned and abandoned children are legally declared adoptable after proper inquiry under Section 38.<\/li>\n\n\n\n
                        • Surrendered Children:<\/strong> Surrendered children are given a two-month reconsideration window before permanent placement.<\/li>\n\n\n\n
                        • Child-Friendly Proceedings:<\/strong> The Act emphasizes child-friendly proceedings, focusing on rehabilitation rather than punishment.<\/li>\n\n\n\n
                        • Priority Categories:<\/strong> Children affected by drug abuse, armed conflict, or natural disasters are prioritized under this category.<\/li>\n\n\n\n
                        • Social Investigations:<\/strong> Social investigations are mandatory for assessing the child’s background, ensuring customized rehabilitation plans.<\/li>\n\n\n\n
                        • Fit Facilities or Foster Families:<\/strong> Fit facilities or foster families are identified based on the child’s specific needs.<\/li>\n\n\n\n
                        • Legal Compliance:<\/strong> The CWC ensures legal compliance, timely reporting, and coordination with relevant departments.<\/li>\n\n\n\n
                        • Quarterly Reports:<\/strong> Quarterly reports are reviewed to address case pendency or inefficiency.<\/li>\n\n\n\n
                        • Case Law \u2013 Bachpan Bachao Andolan v. Union of India (2011):<\/strong> Emphasized the immediate care of children rescued from trafficking and labor.<\/li>\n<\/ul>\n\n\n\n

                          16. Discuss the Rehabilitation and Social Re-Integration under the Juvenile Justice Act, 2015. (Sections 39-55)<\/strong><\/h2>\n\n\n\n
                            \n
                          • Family-Based Care:<\/strong> Section 39 outlines rehabilitation through family-based care such as adoption, sponsorship, or foster care.<\/li>\n\n\n\n
                          • Institutional Care:<\/strong> Institutions like observation homes, special homes, and children’s homes cater to children not placed in families.<\/li>\n\n\n\n
                          • Individual Care Plans:<\/strong> Individual care plans are mandatory, customized to each child’s needs.<\/li>\n\n\n\n
                          • Sibling Placement:<\/strong> Sibling placement is prioritized unless detrimental to their well-being.<\/li>\n\n\n\n
                          • Financial Support:<\/strong> Children leaving institutional care at 18 are supported financially under Section 46.<\/li>\n\n\n\n
                          • Restorative Measures:<\/strong> Restorative measures include skill development, counseling, and therapy.<\/li>\n\n\n\n
                          • Aftercare Programs:<\/strong> Aftercare programs ensure reintegration into society, with extended support until age 21.<\/li>\n\n\n\n
                          • Observation and Special Homes:<\/strong> Observation homes house children during inquiries; special homes cater to convicted juveniles.<\/li>\n\n\n\n
                          • Periodic Follow-ups:<\/strong> Periodic follow-ups are required to assess progress and prevent recidivism.<\/li>\n\n\n\n
                          • Registered Institutions:<\/strong> Registered institutions ensure quality care, monitored regularly.<\/li>\n\n\n\n
                          • Rehabilitation of Victims:<\/strong> Measures are taken to rehabilitate victims of sexual abuse or trafficking effectively.<\/li>\n\n\n\n
                          • Community Participation:<\/strong> Emphasis on community participation in reintegration programs.<\/li>\n\n\n\n
                          • Case Law \u2013 State of Karnataka v. Puttaraja (2004):<\/strong> Highlighted the need for psychological and social rehabilitation for children in conflict with the law.<\/li>\n<\/ul>\n\n\n\n

                            17. Discuss the establishment of various homes under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                            Home<\/strong><\/th>Purpose<\/strong><\/th>Key Features<\/strong><\/th>Example<\/strong><\/th><\/tr><\/thead>
                            Open Shelter (Sec 43)<\/strong><\/td>Provides temporary care for children in crisis, such as street children or those in unsafe situations.<\/td>– Managed by the State Government or NGOs to ensure safety and basic needs (food, clothing, hygiene).
                            – Provides emotional support and counselling to help prepare children for long-term rehabilitation.
                            – Serves as a transition to other services like foster care or children’s homes.<\/td>                            		A child rescued from an abusive home is placed in an open shelter for temporary care before being moved to a children’s home.<\/td><\/tr>
                            Foster Care (Sec 44)<\/strong><\/td>Places children in a family environment when their biological family cannot care for them.<\/td>– Foster families are thoroughly screened, trained, and monitored by the District Child Protection Unit (DCPU).
                            – Focuses on reintegrating children into family life and provides stability, emotional care, and personal support.
                            – Offers family-like care, including community integration, schooling, and activities.<\/td>                            		A child abandoned by their parents is placed with a local foster family and is integrated into the community while receiving schooling.<\/td><\/tr>
                            Aftercare Home (Sec 46)<\/strong><\/td>Supports children transitioning out of institutional care, helping them reintegrate into society.<\/td>– Provides continued education, vocational training, job placement assistance, and life skills to help children adjust to independent living.
                            – Offers emotional and psychological support to help children cope with life outside institutional care.
                            – Aims to ensure the child’s safety and well-being after leaving care facilities, preventing recidivism.<\/td>                            		A young adult leaving a children’s home for independent living is placed in an aftercare home for continued support, including job hunting and housing assistance.<\/td><\/tr>
                            Observation Home (Sec 47)<\/strong><\/td>Temporary care for children awaiting trial or inquiry under the Juvenile Justice Board.<\/td>– Ensures the safety and welfare of children who are accused of offenses but have not yet been convicted.
                            – Provides basic needs (food, shelter, healthcare) and ensures separation from adult offenders.
                            – Focuses on the child’s emotional well-being during their legal process and includes educational support.<\/td>                            		A child arrested for a minor theft stays in an observation home while awaiting trial, receiving counselling and basic education.<\/td><\/tr>
                            Special Home (Sec 48)<\/strong><\/td>Houses children in conflict with the law, focusing on rehabilitation rather than punishment.<\/td>– Provides therapy, vocational training, and behaviour modification to address the root causes of criminal behaviour.
                            – Offers psychological support to help children overcome trauma and engage in reformative practices.
                            – Aims to reintegrate children into society as law-abiding citizens through education and personal development programs.<\/td>                            		A teenager caught stealing is placed in a special home where they receive vocational training, therapy, and education.<\/td><\/tr>
                            Children’s Home (Sec 50)<\/strong><\/td>Provides long-term care for children who cannot live with their families due to abandonment, abuse, or other reasons.<\/td>– Offers education, healthcare, skill development, and emotional counselling to ensure holistic care. – Focuses on trauma recovery, reintegration into society, and development of life skills. – Provides a safe and secure environment with a focus on rehabilitation.<\/td>An orphaned child who lost their parents in a car accident is placed in a children’s home where they receive education, medical care, and counselling.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

                            18. Explain in detail about “Adoption” under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                              \n
                            • Definition of Adoption:<\/strong> Section 56 defines adoption as the legal process through which a child becomes the lawful child of adoptive parents.<\/li>\n\n\n\n
                            • Regulatory Authority:<\/strong> The Central Adoption Resource Authority (CARA) regulates adoption procedures and guidelines.<\/li>\n\n\n\n
                            • Who Can Adopt:<\/strong> Indian citizens, NRIs, and foreign nationals can adopt under the Act.<\/li>\n\n\n\n
                            • In-Country Adoption:<\/strong> The Act promotes in-country adoption, prioritizing the child’s placement within India.<\/li>\n\n\n\n
                            • Eligibility Criteria:<\/strong> Prospective adoptive parents (PAPs) must meet eligibility criteria under Section 57, including being physically and mentally fit.<\/li>\n\n\n\n
                            • Inter-Country Adoption:<\/strong> Inter-country adoptions are facilitated under the Hague Adoption Convention and CARA guidelines.<\/li>\n\n\n\n
                            • Declaration of Legally Free for Adoption:<\/strong> Orphaned, abandoned, or surrendered children are declared legally free for adoption after an inquiry by the CWC.<\/li>\n\n\n\n
                            • Best Interests of the Child:<\/strong> Adoption procedures ensure that the child’s best interests are prioritized, with safeguards to prevent trafficking.<\/li>\n\n\n\n
                            • Relative and Step-Parent Adoption:<\/strong> The Act allows for relative adoptions and includes provisions for step-parents adopting a spouse’s child.<\/li>\n\n\n\n
                            • Court Finalization:<\/strong> All adoption orders are finalized by the court, providing the child with legal rights as a biological child.<\/li>\n\n\n\n
                            • Confidentiality of Records:<\/strong> Records of adopted children are maintained confidentially, ensuring their right to know their biological parents if permissible.<\/li>\n\n\n\n
                            • Revocation of Adoption:<\/strong> Adoption can be revoked only under extraordinary circumstances, with court approval.<\/li>\n\n\n\n
                            • Case Law \u2013 Lakshmi Kant Pandey v. Union of India (1984):<\/strong> Highlighted the importance of transparent procedures and the child’s welfare in adoption cases.<\/li>\n<\/ul>\n\n\n\n

                              19. Explain the role of CARA and adoption procedures under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                \n
                              • Establishment of CARA:<\/strong> CARA (Central Adoption Resource Authority) is established under Section 68 to regulate adoptions.<\/li>\n\n\n\n
                              • Monitoring Adoptions:<\/strong> It monitors in-country and inter-country adoptions, ensuring adherence to guidelines.<\/li>\n\n\n\n
                              • Oversight of Special Adoption Agencies:<\/strong> CARA oversees Special Adoption Agencies (SAAs) that facilitate the adoption process.<\/li>\n\n\n\n
                              • Registration of PAPs:<\/strong> Prospective Adoptive Parents (PAPs) must register online through CARA’s adoption portal.<\/li>\n\n\n\n
                              • Home Studies:<\/strong> Home studies are conducted to assess the suitability of PAPs.<\/li>\n\n\n\n
                              • Adoption Referrals:<\/strong> Adoption referrals are matched based on the child’s needs and the PAP’s preferences.<\/li>\n\n\n\n
                              • Domestic Adoption Procedures:<\/strong> Section 58 outlines domestic adoption procedures, giving preference to Indian citizens.<\/li>\n\n\n\n
                              • Inter-Country Adoption Procedures:<\/strong> Section 59 governs inter-country adoptions, ensuring compliance with the Hague Adoption Convention.<\/li>\n\n\n\n
                              • Court Orders:<\/strong> Adoption orders are issued by courts, finalizing the child’s placement with the PAPs.<\/li>\n\n\n\n
                              • Post-Adoption Follow-ups:<\/strong> CARA ensures the child’s safety by maintaining post-adoption follow-ups.<\/li>\n\n\n\n
                              • Prevention of Malpractices:<\/strong> It prevents malpractices, ensuring adoptions are ethical and legal.<\/li>\n\n\n\n
                              • Collaboration with Foreign Agencies:<\/strong> CARA collaborates with foreign agencies for inter-country adoptions.<\/li>\n\n\n\n
                              • Case Law \u2013 In Re Rasiklal Chhaganlal Mehta (2010):<\/strong> Emphasized CARA’s regulatory role in ensuring ethical adoptions.<\/li>\n<\/ul>\n\n\n\n

                                20. Discuss the eligibility criteria and safeguards for adoption under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n

                                Eligibility Criteria for Adoption:<\/strong><\/p>\n\n\n\n

                                  \n
                                • Capability of PAPs:<\/strong> Section 57 specifies that Prospective Adoptive Parents (PAPs) must be physically, mentally, and financially capable of taking care of the child.<\/li>\n\n\n\n
                                • Single Female:<\/strong> A single female can adopt a child of any gender.<\/li>\n\n\n\n
                                • Single Male:<\/strong> A single male can adopt only a male child.<\/li>\n\n\n\n
                                • Married Couples:<\/strong> Married couples must have a stable relationship to be eligible.<\/li>\n\n\n\n
                                • Medical Conditions:<\/strong> PAPs must not have any life-threatening medical conditions.<\/li>\n\n\n\n
                                • Age Criteria:<\/strong> Age criteria ensure PAPs are suitable for the child’s upbringing.<\/li>\n\n\n\n
                                • Inter-Country Adoption:<\/strong> Inter-country adoption requires NOCs from CARA and compliance with international conventions.<\/li>\n\n\n\n
                                • Eligible Children:<\/strong> Orphaned, abandoned, and surrendered children are eligible for adoption under Section 58.<\/li>\n<\/ul>\n\n\n\n

                                  Safeguards for Adoption:<\/strong><\/p>\n\n\n\n

                                    \n
                                  • Sibling Placement:<\/strong> Sibling placement is encouraged to keep families together.<\/li>\n\n\n\n
                                  • Focus on Disabled and Older Children:<\/strong> Special focus is given to disabled and older children to find them suitable homes.<\/li>\n\n\n\n
                                  • Court Orders:<\/strong> Court orders finalize adoptions, giving the child full rights within the adoptive family.<\/li>\n\n\n\n
                                  • Confidentiality:<\/strong> Confidentiality of adoption records protects the child’s privacy.<\/li>\n\n\n\n
                                  • Background Checks:<\/strong> Safeguards include stringent background checks and post-adoption monitoring.<\/li>\n\n\n\n
                                  • Case Law \u2013 Malti Roy v. Union of India (2019):<\/strong> Upheld strict compliance with safeguards to prevent misuse of adoption laws.<\/li>\n<\/ul>\n\n\n\n

                                    21. Discuss the offences of cruelty and exploitation of children under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                      \n
                                    • Cruelty to Children:<\/strong> Section 75 penalizes cruelty to children by custodians, including physical or emotional harm, with imprisonment up to 3 years and a fine of \u20b91 lakh.<\/li>\n\n\n\n
                                    • Child Exploitation for Begging:<\/strong> Section 76 addresses child exploitation for begging, punishing offenders with imprisonment up to 5 years and fines.<\/li>\n\n\n\n
                                    • Giving Intoxicants to Children:<\/strong> Section 77 criminalizes giving children intoxicants, with penalties of 7 years imprisonment or \u20b91 lakh fine.<\/li>\n\n\n\n
                                    • Using Children for Illegal Activities:<\/strong> Using children for illegal activities like drug trafficking is penalized under Section 78 with up to 5 years imprisonment.<\/li>\n\n\n\n
                                    • Sale and Procurement of Children:<\/strong> Section 79 prohibits the sale and procurement of children for any purpose, punishing offenders with up to 5 years imprisonment.<\/li>\n\n\n\n
                                    • Hazardous Work and Bonded Labor:<\/strong> Employing children in hazardous work or bonded labor is addressed under Section 81 with severe penalties.<\/li>\n\n\n\n
                                    • Child Pornography and Sexual Abuse:<\/strong> Child pornography and sexual abuse are also punishable under Section 78 in conjunction with POCSO Act provisions.<\/li>\n\n\n\n
                                    • Corporal Punishment:<\/strong> Section 82 ensures penalties for corporal punishment in child care institutions, including fines and imprisonment.<\/li>\n\n\n\n
                                    • Kidnapping or Abduction:<\/strong> Kidnapping or abducting children for exploitative purposes leads to stringent penalties under Section 83.<\/li>\n\n\n\n
                                    • Non-Reporting of Offences:<\/strong> Penalties for non-reporting or concealment of offences against children are detailed in Section 86.<\/li>\n\n\n\n
                                    • Repeat Offenders:<\/strong> Repeat offenders under these sections face enhanced penalties as prescribed under Section 87.<\/li>\n\n\n\n
                                    • Protection of Child Witnesses:<\/strong> The law ensures protection of child witnesses during trials of offences against children.<\/li>\n\n\n\n
                                    • Case Law \u2013 Bachpan Bachao Andolan v. Union of India (2011):<\/strong> Highlighted the strict implementation of laws to curb child labor and trafficking.<\/li>\n<\/ul>\n\n\n\n

                                      22. Explain the offence of corporal punishment and its implications under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                        \n
                                      • Prohibition:<\/strong> Section 82 explicitly prohibits corporal punishment in child care institutions.<\/li>\n\n\n\n
                                      • Punishment:<\/strong> Any staff member found guilty faces imprisonment of up to 6 months and\/or a fine of \u20b910,000.<\/li>\n\n\n\n
                                      • Definition:<\/strong> Corporal punishment includes physical harm or acts causing emotional distress to children.<\/li>\n\n\n\n
                                      • Reporting Mechanisms:<\/strong> Institutions must have mechanisms to report and prevent such practices.<\/li>\n\n\n\n
                                      • Awareness Programs:<\/strong> The law mandates awareness programs for caregivers to adopt positive discipline techniques.<\/li>\n\n\n\n
                                      • Enhanced Penalties for Repeat Offenders:<\/strong> Repeat offenders face enhanced penalties, including dismissal from service.<\/li>\n\n\n\n
                                      • Applicability:<\/strong> Section 82 applies to both government and private child care institutions.<\/li>\n\n\n\n
                                      • Rights of Child Victims:<\/strong> Child victims of corporal punishment have the right to compensation and support.<\/li>\n\n\n\n
                                      • Legal Remedies:<\/strong> Legal remedies ensure child-friendly trials for cases under this provision.<\/li>\n\n\n\n
                                      • Inspections by CWCs:<\/strong> Inspections by CWCs ensure adherence to the prohibition of corporal punishment.<\/li>\n\n\n\n
                                      • Non-Threatening Environment:<\/strong> Guidelines under the Act emphasize creating a non-threatening environment for children.<\/li>\n\n\n\n
                                      • Counseling for Offenders:<\/strong> Counseling and corrective measures are promoted for offenders.<\/li>\n\n\n\n
                                      • Case Law \u2013 Parents Forum for Meaningful Education v. Union of India (2000):<\/strong> Reinforced the prohibition of corporal punishment in schools and child care settings.<\/li>\n<\/ul>\n\n\n\n

                                        23. Discuss the penalties for trafficking and illegal activities involving children under Chapter 9 of the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                          \n
                                        • Trafficking of Children:<\/strong> Section 79 penalizes the trafficking of children for any exploitative purpose with imprisonment up to 5 years and a fine.<\/li>\n\n\n\n
                                        • Using Children for Illegal Activities:<\/strong> Section 78 criminalizes using children for illegal activities like drug trafficking, with penalties of up to 7 years imprisonment.<\/li>\n\n\n\n
                                        • Sale and Purchase of Children:<\/strong> Selling or buying children is strictly prohibited, with severe consequences under Section 79.<\/li>\n\n\n\n
                                        • Bonded Labor and Hazardous Work:<\/strong> Employing children in bonded labor or hazardous work is punishable under Section 81.<\/li>\n\n\n\n
                                        • Enhanced Penalties for Trafficking Rings:<\/strong> Individuals involved in trafficking rings face enhanced penalties for repeated offences.<\/li>\n\n\n\n
                                        • Rehabilitation of Trafficked Children:<\/strong> Trafficked children are entitled to rehabilitation and protection under the Act.<\/li>\n\n\n\n
                                        • Role of CWCs:<\/strong> CWCs are tasked with ensuring the immediate safety and care of rescued children.<\/li>\n\n\n\n
                                        • Non-Reporting of Trafficking:<\/strong> Section 86 addresses penalties for failing to report trafficking incidents.<\/li>\n\n\n\n
                                        • Public Awareness Campaigns:<\/strong> The Act encourages public awareness campaigns to prevent child trafficking.<\/li>\n\n\n\n
                                        • Collaboration Among Agencies:<\/strong> Collaboration between agencies like the police, CWCs, and NGOs is mandated for effective rescue operations.<\/li>\n\n\n\n
                                        • Special Courts:<\/strong> Special courts expedite trials of trafficking cases involving children.<\/li>\n\n\n\n
                                        • International Trafficking Cases:<\/strong> International trafficking cases are governed by both the Act and international treaties like the Hague Convention.<\/li>\n\n\n\n
                                        • Case Law \u2013 Prerana v. State of Maharashtra (2003):<\/strong> Emphasized the rehabilitation of trafficked children and penalizing offenders.<\/li>\n<\/ul>\n\n\n\n

                                          24. Explain the measures for monitoring child care institutions under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                            \n
                                          • Mandatory Registration:<\/strong> Section 41 mandates the registration of all child care institutions to ensure compliance with the Act.<\/li>\n\n\n\n
                                          • Penalties for Non-Registration:<\/strong> Unregistered institutions face penalties, including closure and fines under Section 42.<\/li>\n\n\n\n
                                          • Inspections:<\/strong> Inspections by CWCs and the District Magistrate ensure adherence to prescribed standards.<\/li>\n\n\n\n
                                          • Record Maintenance:<\/strong> Institutions must maintain records of all children under their care, as per Section 43.<\/li>\n\n\n\n
                                          • Complaint Mechanisms:<\/strong> Children are entitled to complaint mechanisms within institutions for reporting grievances.<\/li>\n\n\n\n
                                          • Audits and Inspections:<\/strong> Regular audits and inspections ensure financial transparency and accountability.<\/li>\n\n\n\n
                                          • Staff Training:<\/strong> Training for staff members is mandatory to improve care quality and address children’s needs.<\/li>\n\n\n\n
                                          • Child-Friendly Environment:<\/strong> Institutions must provide child-friendly environments and services like education, healthcare, and counseling.<\/li>\n\n\n\n
                                          • Consequences of Non-Compliance:<\/strong> Non-compliance leads to penalties and revocation of registration.<\/li>\n\n\n\n
                                          • Quarterly Reports:<\/strong> Quarterly reports on institution performance are submitted to CWCs and the District Magistrate.<\/li>\n\n\n\n
                                          • Primary Objectives:<\/strong> Rehabilitation and reintegration of children remain the primary objectives of child care institutions.<\/li>\n\n\n\n
                                          • Government Support:<\/strong> The State Government ensures adequate funding and resources for registered institutions.<\/li>\n\n\n\n
                                          • Case Law \u2013 Sheela Barse v. Union of India (1986):<\/strong> Emphasized the need for proper supervision and accountability in institutions housing children.<\/li>\n<\/ul>\n\n\n\n

                                            25. Discuss the penalties for non-compliance with provisions of the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                              \n
                                            • Operating Unregistered Institutions:<\/strong> Section 42 imposes penalties for operating unregistered child care institutions, including fines and closure.<\/li>\n\n\n\n
                                            • Failure to Report Offences:<\/strong> Section 86 penalizes individuals or institutions for failing to report offences against children.<\/li>\n\n\n\n
                                            • Corporal Punishment:<\/strong> Institutions found guilty of employing corporal punishment face penalties under Section 82.<\/li>\n\n\n\n
                                            • Inadequate Care and Protection:<\/strong> Failure to provide adequate care and protection leads to fines or imprisonment.<\/li>\n\n\n\n
                                            • Repeat Violations:<\/strong> Repeat violations result in enhanced penalties and stricter monitoring.<\/li>\n\n\n\n
                                            • Non-Reporting of Abuse or Trafficking:<\/strong> Non-reporting of child abuse or trafficking is punishable under Section 86.<\/li>\n\n\n\n
                                            • Sale or Purchase of Children:<\/strong> Selling or buying children leads to imprisonment under Section 79.<\/li>\n\n\n\n
                                            • Personal Liability of Directors:<\/strong> Directors of institutions are personally held liable for violations.<\/li>\n\n\n\n
                                            • Mismanagement of Funds:<\/strong> Mismanagement of funds or misuse of government grants results in penalties.<\/li>\n\n\n\n
                                            • Non-Compliance with Adoption Regulations:<\/strong> Non-compliance with adoption regulations under Section 73 leads to suspension of the adoption agency.<\/li>\n\n\n\n
                                            • Compliance with CWC Orders:<\/strong> Child care institutions must ensure mandatory compliance with rehabilitation orders from CWCs.<\/li>\n\n\n\n
                                            • Monitoring by State Government:<\/strong> The State Government monitors institutions to ensure compliance with penalties and corrective measures.<\/li>\n\n\n\n
                                            • Case Law \u2013 Childline India Foundation v. Union of India (2019):<\/strong> Reinforced penalties for non-compliance with child protection laws.<\/li>\n<\/ul>\n\n\n\n

                                              26. What provisions ensure the safety of children during legal proceedings under the Juvenile Justice Act, 2015?<\/strong><\/h2>\n\n\n\n
                                                \n
                                              • Child-Friendly Procedures:<\/strong> Section 99 ensures child-friendly procedures are followed during inquiries or trials.<\/li>\n\n\n\n
                                              • Special Courts:<\/strong> Special courts or children’s courts handle cases involving children, ensuring a non-intimidating environment.<\/li>\n\n\n\n
                                              • Presence of Guardian or Support Person:<\/strong> The presence of a guardian or support person is mandatory to comfort the child during proceedings.<\/li>\n\n\n\n
                                              • In-Camera Hearings:<\/strong> In-camera hearings protect the privacy of the child and prevent undue trauma.<\/li>\n\n\n\n
                                              • Protection of Identity:<\/strong> The identity of the child is protected under Section 74, prohibiting media disclosure.<\/li>\n\n\n\n
                                              • Legal Aid:<\/strong> Legal aid is provided to children through Legal Services Authorities.<\/li>\n\n\n\n
                                              • Best Interests Considered:<\/strong> CWCs and Juvenile Justice Boards ensure that the child’s best interests are considered during decision-making.<\/li>\n\n\n\n
                                              • Child-Friendly Language:<\/strong> Child-friendly language and simplified processes are mandated to ensure the child’s understanding.<\/li>\n\n\n\n
                                              • Counselling and Psychological Support:<\/strong> Counselling and psychological support are provided during and after legal proceedings.<\/li>\n\n\n\n
                                              • Frequent Review of Case Progress:<\/strong> Frequent review of case progress prevents delays and prolonged legal exposure for the child.<\/li>\n\n\n\n
                                              • Recording of Testimony:<\/strong> A child’s testimony is recorded in a manner that minimizes distress, often through video conferencing or recorded statements.<\/li>\n\n\n\n
                                              • Rehabilitation Measures:<\/strong> Rehabilitation measures are integrated into the legal orders, emphasizing restoration and care.<\/li>\n\n\n\n
                                              • Case Law \u2013 Sakshi v. Union of India (2004):<\/strong> Directed the adoption of child-sensitive procedures during trials.<\/li>\n<\/ul>\n\n\n\n

                                                27. Discuss the accountability measures for stakeholders under the Juvenile Justice Act, 2015.<\/strong><\/h2>\n\n\n\n
                                                  \n
                                                • Accountability of Police Officers:<\/strong> Section 107 holds police officers accountable for following child-friendly procedures.<\/li>\n\n\n\n
                                                • Monitoring of CWCs and JJBs:<\/strong> CWCs and Juvenile Justice Boards are monitored by District Magistrates for effective functioning.<\/li>\n\n\n\n
                                                • Responsibility of State Government:<\/strong> The State Government is responsible for ensuring proper implementation of the Act through rules and guidelines.<\/li>\n\n\n\n
                                                • Registration of Child Care Institutions:<\/strong> Child care institutions must register and comply with standards under Section 41.<\/li>\n\n\n\n
                                                • Penalties for Non-Compliance:<\/strong> Non-compliance by institutions is penalized under Section 42, including fines and closures.<\/li>\n\n\n\n
                                                • Accountability of Probation Officers:<\/strong> Probation officers are accountable for conducting thorough social investigations and follow-ups.<\/li>\n\n\n\n
                                                • Adherence to CARA Guidelines:<\/strong> Adoption agencies must adhere to CARA guidelines, or their registration can be suspended under Section 73.<\/li>\n\n\n\n
                                                • Role of District Child Protection Units:<\/strong> District Child Protection Units oversee local implementation and are responsible for reporting to the State Government.<\/li>\n\n\n\n
                                                • Regular Inspections:<\/strong> Regular inspections of child care institutions ensure adherence to quality and safety standards.<\/li>\n\n\n\n
                                                • Financial Audits and Penalties:<\/strong> Funding misuse or mismanagement by institutions leads to financial audits and penalties.<\/li>\n\n\n\n
                                                • Collaboration Among Stakeholders:<\/strong> The Act mandates collaboration among police, CWCs, and NGOs for child rescue and rehabilitation, with strict reporting obligations.<\/li>\n\n\n\n
                                                • Transparency Through Reports:<\/strong> Transparency is ensured through regular reports submitted to higher authorities for review.<\/li>\n\n\n\n
                                                • Case Law \u2013 Sheela Barse v. Union of India (1986):<\/strong> Emphasized the accountability of institutions and officials in protecting children’s rights.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

                                                  The Juvenile Justice (Care and Protection of Children) Act, 2015 Notes Q. No. Question 1 Who is a Juvenile? 2 What are the Salient Features of the Juvenile Justice Act, 2015? 3 What are the Pros and Cons of the Juvenile Justice Act, 2015? 4 Definitions under The Juvenile Justice Act, 2015 5 What are […]<\/p>\n","protected":false},"author":35,"featured_media":14831,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48,29],"tags":[],"class_list":["post-14827","post","type-post","status-publish","format-standard","has-post-thumbnail","category-law-crimes","category-bachelor-laws"],"_links":{"self":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/14827","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/comments?post=14827"}],"version-history":[{"count":3,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/14827\/revisions"}],"predecessor-version":[{"id":14836,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/14827\/revisions\/14836"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media\/14831"}],"wp:attachment":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media?parent=14827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/categories?post=14827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/tags?post=14827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}