HAQ : Centre for Child Rights

HAQ : Centre for Child Rights: Article in the Hindu on the report on mining and children

2010-04-15T02:50:00.000-07:00

http://www.hindu.com/mp/2010/04/15/stories/2010041550390300.htm

Article in the Hindu on the report on mining and children

2010-04-15T02:46:00.000-07:00

http://www.hindu.com/mp/2010/04/15/stories/2010041550390300.htm

Caught in the quagmire

A Delhi-based NGO has spearheaded a study on the plight of children in the mining industry. SANGEETA BAROOAH PISHAROTY brings you the details

Photo: A Roy Chowdhury

Childhood in pits A large number of children work in our mines and quarries without any facilities

Children have always been at the receiving end of many of our flawed policies. There has always been a wide gap between what should be and what it is the reality. Here, one is talking about our mining and quarrying industry where this gap is way wide. According to the 2001 Census, 45,135 children between the age group of five and 14 years, and 206,720 between five and 19 years, are employed in the industry. “The number is much more than what the Census quotes,” points out Enakshi Ganguly Thukral, co-director of the Delhi-based NGO Haq. Enakshi is part of a comprehensive study recently conducted by Haq: Centre for Child Rights in partnership with Dhaatri Resource Centre for Women – Samata and Mines, Minerals and People Alliance. Supported by Terre Des Hommes, Germany, AEI and ASTM Luxembourg, the study called “India's Childhood in the Pits – a Report on Impacts of Mining on Children in India, was carried out in eight States and took the organisations about a year to complete it. Enakshi says the results are startling but adds that the Ministry of Mines is not the only department which is responsible for their situation. “It needs to be addressed by other departments like child welfare, education, tribal welfare, labour and environment. Without such a convergence, the mining child falls through the gap.” Here, Enakshi takes a few questions on the report.

What triggered the study?

In April 2005, HAQ, Samata, M.V. Foundation, Campaign Against Child Labour (Karnataka) and along with several other organisations carried out a fact-finding mission in the iron ore mines of Bellary where they found huge number of children living and working in hazardous conditions. When the report was put out, and particularly after National Human Rights Commission took suo moto cognisance of it, it was dismissed as emotive, non-factual, exaggerated, etc.

This latest study was conceived in follow up to that, and is the first study of its kind in India, looking not only at child labour in the mines, but the multitude of other ways in which children are impacted by mining such as on their health, education, living conditions, etc.

Which States has it covered?

The study covered numerous mining sites in 18 districts across Andhra Pradesh, Rajasthan, Orissa, Jharkhand, Chhattisgarh, Karnataka, Maharashtra and Madhya Pradesh. In Orissa, we undertook case studies in a number of different sites as it is a State most impacted by mining and has been the focus of further mineral expansion.

What are the findings?

One important finding of the report is that the Government's policies related to mining and related processes do not address the specific rights and entitlements of the mining children. Also, that the mining areas are more vulnerable to child malnutrition, hunger and food insecurity. By being displaced, homeless or living in inadequate housing conditions, they are forced to drop out of schools and become vulnerable to abuse and trafficking and are recruited for illegal activities by local mafias.

Besides, the mining regions have a large number of children working in the most hazardous activities. Large-scale mining activities are mainly in Adivasi areas and the Adivasi childred are losing their Constitutional rights under 5th Schedule due to displacement, land alienation and migration by mining projects. The mining Dalit children are suffering too.

Are the children employed at the mines mostly from migrant families?

The children are from a mixture of local and migrant families. Migration and mining go hand-in-hand, due to the seasonal nature of the work and market fluctuations in demand for minerals. Large numbers of migrant families were found in many of the mining areas visited, e.g. in Pune district of Maharashtra. However, local children are often employed in the sector, particularly after their families have become displaced or lost agriculture land for mining, e.g. in Orissa.

Is it only poverty that is responsible for child labour in the mining industry?

A number of factors are responsible for child labour in the mining industry. Loss of land /displacement leads to children being forced out of school and into work. Low wages and indebtedness of their parents (often also engaged in mining work) means that children are forced into work in order to help their families survive. In the majority of areas visited, illness of parents also paid a key role in child labour. After a number of years of working in mines, their parents were falling sick with TB and silicosis, which meant that their children had to drop out of school and become ‘breadwinners'.

Approximately how many children are employed in the mining industry?

This was not a Census survey…only a proper census on each and every mining site or quarry across the country will give us an exact figure. Given that the existence of child labour in mining is often even denied (as we can see from answers raised on this issue in Parliament, wherein the concerned Minister has replied saying that there were no children in mining as it is banned by law.), it is clearly impossible to estimate how many children are working in mining and quarrying sector and its allied activities.

How will the report be used in the advocacy of the issue?

The report has already been shared with the Ministry of Mines and some ther Government departments. The Secretary for Mines was a panellist at the report's launch on March 22 in New Delhi. She has promised to take some of the suggestions. She has also invited the research team and others to feed into the process that the Mines Ministry has initiated for amending the Mines Act as well as the development of a sustainable development framework.

A National Consultation on Children and Mining took place in Delhi on March 22 and 23, which brought together organisations working on mining and groups working on child rights. It is hoped that these groups will continue to work together to ensure that mining children no longer continue to be neglected.

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The Growing Divide

2010-04-07T03:49:00.000-07:00

Do we ever realize that we live in the midst of so many dualities? We recently came across two such divergent realities in our own city.

Most of us think that Delhi has become a fast paced metro where in the sprawling mall culture is a validation of this richness that we perceive ourselves to be a part of. However, there are those who may not think so and are so removed from these very malls standing right in front of their homes.

We have been working with a family from a financially impoverished background. We thought of taking them to the mall right in front of their jhuggi, which they seemed to be curious about but had never visited.

To our shock, coming from the democracy that we are all so proud of, they were not allowed inside. Why is it that they were not allowed to go inside this big symbol of richness and opportunity and display of wealth? Apparently, they were not dressed well enough. If you were to ask us, we would think that it had little to do with their clothes but more to do with everyone’s sense of prejudice towards that poor nobody whose poverty is somewhere written all over his/her face.

We did manage to fight our way inside, having argued with the security guards to let us all go as we were all paying for the services provided. All we wanted was an ice cream.

We went inside and had our ice-creams watched by two Security guards standing very close to us. What was their crime? The fact that they looked poor and were not fashionably dressed was reason enough to be barred from stepping inside a mall, something that we take for granted.

When we asked the security guards as to why we could go inside but the family with us could not, they said that they had no problems with this but their customers would not like to be around ‘these’ people.

All in all, this turned out to be a humiliating exercise for the family, which further reinforced their sense of being different and not good enough to even step into a mall. This is India as we didn’t know…an India which is heading towards development and unprecedented growth but it must alienate and exclude so many for this. Then should we ever wonder as to why crimes are committed by so many who are never allowed the opportunities and the possibility of being able to shape their destinies? A luxury we all seem to enjoy and often take for granted.

Namita
Shahbaz

Recent Media articles on Impacts of Mining on Children

2010-03-19T06:34:00.000-07:00

To view recent media articles on impacts of Mining on Children, please click on the following link: http://www.haqcrc.org/latest-from-haq/recent-media-articles-on-impacts-of-mining-on-children.html

To view the invite for the launch of "India's Childhood in the "Pits": A Report on the Impacts of Mining on Children", please click on the following link: http://www.haqcrc.org/fileadmin/Files/Invite_with_logos.pdf

HAQ's Impact on the Fight against the HPV Vaccine

2010-03-16T04:03:00.000-07:00

HAQ: Centre for Child Rights (HAQ) has been part of the campaign along with Saheli and Sama, two organisations investigating the claim that HPV (human papillomavirus) vaccines protect young girls from cervical cancer as well as the unethical tests being conducted by manufacturers on young girls in India. It is amazing, and very encouraging, to see how media has since responded to the topic. It tells us how serious of a matter it truly is.

Please follow the link below to view the message sent out by HAQ as well as links to recent articles covered by the media since then.

http://www.haqcrc.org/latest-from-haq/media-response-on-campaign-against-hpv-vaccine.html

Child Statement in the court

2010-02-22T21:50:00.000-08:00

There are three stages in the case at criminal trail level:

At the time of 161 Cr. P. C. when police take the statement of the child. Though there is no evidentiary value of this statement in the court, police has to produce the child in front of Metropolitan Magistrate.
164 Cr. P. C. statement in front of Magistrate- where the statement has to be recorded in front of Metropolitan Magistrate.
Then there is a stage of cross-examination at Session-Court level. Now depending upon the case and after filing charge sheet (some cases it is 60 days or 90 days) the child, as a witness has to be called again in the Court of Session. Calling the child in the session-court might take some time, i.e. more than sixty or ninety days.
So during this period lot of things can happen.

The loophole is also in between the time period of taking 164 Cr. P. C. statement and cross-examination of the child. Can we minimise it. I think Delhi High court has given judgement on this. I do not have it right now, the moment I will get I will share with the group. In case, if any body has in the group, please share.

The next is role of Child Welfare Committee:

They would have asked other CWC if, the children are from other district or state, to monitor the child by the welfare officer and submit periodic report.
They would have asked NGO from that district or state to monitor the child and submit periodic report.
In absence of all, they would have asked the juvenile police officer of the district from where the child belongs, to monitor the child in the child friendly manner and submit periodic report till the time of cross-examination.

Special Juvenile Police Unit could have taken all the papers in their hands and follow the case.

Prepared by Vipin Bhatt

Lawyer in the Child Welfare Committee

2010-02-22T21:09:00.000-08:00

If there is a girl (minor) rescued from a red light area. Police take the custody of the child and produce the child front of the CWC. This child should be treated as child in need of care and protection rather than juvenile in conflict with law. (Definition of child in need of care and protection)

And just in case, if police instead of taking the child (rescued) into custody as a juvenile in conflict with law rather then as a child in need of care and protection what would be the implications.

The child will go to the JJB, the parents might come or some pimp would become distance relative and seek for the custody, they would hire a good lawyer (as lots of money is involved in this trade) and could argue that the child was roaming on the street and wrongly picked by the police and where bail as a matter of right can file an application for the bail and custody of the child. In case, if JJB refuses to give the custody of the child to the parents can easily go the session court and get the bail and take the custody of the child.

Now, think about the situation where the same the child was taken into custody by the police and produced before the CWC. Here, the child has not been apprehended but taken into custody by the police for her rehabilitation, care and protection, the power has been given to the CWC to take the decision. So in this case, it is the duty of the CWC to conduct the Home study report or ask welfare officer to prepare Social Investigation report of the child. CWC can ask CWC from the other state to conduct the home study or to prepare the SIR of the child. Based on the report, if CWC finds that the parents are UNFIT and can decline the custody to the parents. Here the child was not apprehended so there is no matter of bail. Here the rehabilitation of the child is important so there is no need of criminal trial. Mental health aspect of the child is also a concern. So the CWC can also take into consideration by calling some professional counsellor to do so. If the family is not satisfied by the order can go the session court, and I am sure if represented well in the court we can make the judge understand that what are the important aspect of the case and why custody of the child should not be given to the family.

The services of lawyer can be used by the CWC when there is a case of criminal matter and case going in the trial court. So there is a need of child friendly lawyer who can actually help the child in taking 164 Cr. P. C. statement of the child or who can represent the child at the stage of cross-examination. A lawyer can also place or put across the view of CWC in the higher courts. Can help in filing the complaints on the behalf of the CWC under relevant sections of the law for the child.

Putting the lawyer’s representation in the CWC only jeopardises the whole situation by making CWC as a criminal court. We all want the system to be more child-friendly and not court like environment. And I think this principle applies in all the cases of children.

Prepared by Vipin Bhatt

Battle is On....

2010-02-19T03:19:00.000-08:00

The BATTLE continues …

This was not a just another case for us, in which we tried to restore justice to the girl child of eight years who was sexually abused by the man. The plight of the girl started in year 2007 when an adult male who was her neighbour raped her at night when she was sleeping alone in her cottage. Father, a daily wage earner used to work in the factory and mother went to her hometown in Bihar to meet her relatives. The girl was in the custody of the relatives.

The matter came in the knowledge of Child Welfare Committee, Nirmal Chayya Complex. Dr, Bharti Sharma, then Chairperson, Child Welfare Committee called HAQ: Centre for Child Rights to assist the poor family in the court. We decided to work on this case at the priority basis and also thought to ensure to conduct the trial in the child friendly manner. But our journey took the different route and we start getting difficulties (read challenges) from the beginning. After incident the child was in the hospital for twenty-two days. According to one of the eyewitness, when she took the child in her arms, after the incident her sari turned red with the blood.

After the recovery from the hospital another battle of getting justice started for the child. The law of the country need everything including the statement of the child and as early as possible. So she has to depose in front of the metropolitan magistrate (popularly called as 164 Cr. P. C. statement) that the accused has committed an offence. But we had no idea that there are going to be lots of speed breakers in the path. The first one came at the very initial level. Fortunately or unfortunately the magistrate was a female officer. We had an impression that she will handle the case sensitively and judicially. But our dream falls flat when she starts giving dates. She had different reason to do that, once she shared that I have to go for Test Identification Parade or I have some work or at one time she dismissed the application in default. After waiting for eight dates for eight days we realised that she is not at all serious in taking the statement of the child. In the meantime, small girl also start getting irritated and angry. She starts saying that I will not come and depose in front of her. We somehow managed to convince her about the importance of date.

The father of the girl was very nice man and taking care of the child. The mother of the child was little weird or emotional. The trauma was big and she was angry at the system. She starts showing her anger to the child. She starts saying that she is not interested in keeping the girl and if we can keep the child in some children’s home. We totally rejected her idea. We make her understand all the consequences with it. But when she again raised this issue with us, we sternly warned her not to talk like this again. The most ironical part was, as the mother was telling this to us she was also pushing away her daughter but the child was again and again clinging to her.

Another breaker was waitng for us. The magistrate was not in the mood to record her statement. She ordered to send the child at NARI NIKETAN (let me tell you it is for home for women and not for children… nari ka niketan) fortunately; before MM passed the order the girl had left to home. Well, as the MM starts giving dates and seems not interested in traumatising child we decided to move to the High Court of Delhi. We sent an email to high-powered high committee on juvenile justice to look into this matter. The high court committee forwarded the mail to the judge who was handling criminal matter in the court. He asked to the state counsel to ensure the recording of the statement today itself. The order of the copy should be given to magistrate and she should record the statement of the child and MM should explain in the court that why she has not taken the statement of the child on that day only. After this the whole system shakes-up. The Station House Officer with the Inspector investigation came to the court and was looking worried as if order has passed against them.

Well, in the end the statement was recorded and later on high court gave very good guidelines how to deal the cases of child sexual abuse by the different agencies like police, session judge and doctors including metropolitan magistrate.

Then another stage of the case came popularly called as cross-examination of the child and other witnesses in the case. We tried to help the child and the family in recording of their statements and cross-examination.

It is sometime very difficult to understand that why they take so many statements, first at the police station level when an investigation officer takes the statement sometime s/he asked very pointedly about each and every aspect. Then Metropolitan Magistrate who has to record the statement as a part of recording under 164 Cr. P. C. After filing of charge sheet i.e. approximately ninety days then, the Session Judge in the name of examination-in-chief. Then defence counsel about the incident as a part of the cross-examination. And in between that if any NGOs worker comes then there is another repeating of statement. Don’t we ask the child do remember the trauma if she wants justice and runs revision classes.

The examination in chief and cross-examination of the case is always a very important stage in the criminal case and we tried to make it as friendly as possible for the child. There should not be direct questioning, there should be always a very procedure of asking the question, the whole atmosphere should be child friendly, and there should be in-camera trial. We tried to ensure that and always ensured that the child or her family should get any kind of trauma in this process. Seconds turned into minute and minutes into hour, hours into day and days into month and months into years and after approximately three years the judgment came. Ten Years of Imprisonment with fine. Means the accused has to be there in the jail for another SEVEN YEARS (he had already spent three years in jail).

As we feel that justice is restored but the parents of the child are still unsatisfied and they were expecting life imprisonment for the accused. We do not know whether getting justice is the matter of satisfaction of the victim’s family even after getting the punishment for ten years. As we have to get the order of the copy and have to assess for appeal further.
But we know, as there are lots of other cases of small girls victimised and sexually abused who are still looking for ‘justice’ and for us the battle continues......

Vipin Bhatt
HAQ: Centre for Child Rights

child labour and revelant sections

2010-02-18T04:31:00.000-08:00

CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
(ii) "child' means a person who has not completed his fourteenth year of age;
Penalties.
Section 14. (1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.
(2) Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not he less than six months but which may extend to two years. (3) Whoever-
(a) fails to give notice as required by section 9; or
(b) fails to maintain a register as required by section 11 or makes any false entry in any such register, or
(c) fails to display a notice containing an abstract of section 3 and this section as required by section 12; or
(d) fails to comply with or contravenes any other provisions of-1his Act or the rules made thereunder,
shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.
Labour Department of the state is the nodal department for securing compliance with the provision of this Act

Section-17 The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act 5nd any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 (g) "bonded labour system" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,-- (i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or (ii) in pursuance of any customary or social obligation, or (iii) in pursuance of an obligation devolving on him by succession, or (iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

Section- 10. AUTHORITIES WHO MAY BE SPECIFIED FOR IMPLEMENTING THE PROVISIONS OF THIS ACT. - The State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.

IMPORTANT
People’s Union for Democratic Rights V Union of India 1982 3 SCC 235
the Supreme Court also held that ‘where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of forced labour’.

Section- 16.
PUNISHMENT FOR ENFORCEMENT OF BONDED LABOUR. - Whoever, after the commencement of this Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees

Section- 22
COGNIZANCE OF OFFENCES. - Every offence under this Act shall be cognizable and boilable.

Indian Penal Code
Section 370. Buying or disposing of any person as slave
Whoever imports, export, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as slave, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.
Non-cognizable and bailable. Trial by Magistrate of first class
Section 371. Habitual dealing in slave
Whoever habitually imports, exports, removes, buys, sells, traffics or deals, shall be punished with imprisonment for life or with imprisonment of either description for a term not exceeding the years, and shall also be liable to fine.
cognizable and non-bailable trial by Court of session
Section 374. Unlawful compulsory labour
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with both.
Cognizable & bailable and trial by Any magistrate

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000

"juvenile" or "child" means a person who has not completed eighteenth year of age;

Section 26. Exploitation of juvenile or child employee.- Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall be liable to fine.

Section 27. Special offences.- The offences punishable under sections 23, 24, 25 and 26 shall be cognizable.

Code of Criminal Procedure 1973 , THE FIRST SCHEDULE
II-CLASSIFICATION OF OFFENCES AGAINST - OTHER LAWS
If punishable with death, imprisonment for life, or imprisonment for mote than 7 years. Cognizable. Non-Cognizable. Court of Session

If punishable with imprisonment for 3 years, and upwards but not more than 7 years. Cognizable. Non-Cognizable Magistrate of the first class.

If punishable with imprisonment for less than 3 years or with fine only.
Non-Cognizable
Bailable
Any Magistrate.

Prepared by: Vipin Bhatt

Importance of Section 160 of Cr. P. C.

2010-02-09T01:01:00.000-08:00

Section 160. Police Officer’s power to require attendance of witnesses.
(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who from, the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

IN THE SUPREME COURT OF INDIA
Appellants: Nandini Satpathy Vs. Respondent: P.L. Dani and Anr. AIR1978SC1025

The very act of directing a woman to come to the police station in violation of S. 160 (1) may make for tension and negate voluntariness.

IN THE HIGH COURT OF CALCUTTA
Decided On: 30.03.1973 Appellants: Rukmani Debi Kashuka Vs. Respondent: Jadu Nath Misra and Ors.

That apart some meaning has to be given to the limitation imposed by Section 160 when it says that the power under this provision can be exercised only in respect of persons being within the limits of the jurisdiction of the Investigating Officer or any adjoining station. Certainly this provision furnishes no authority for an Investigating Officer of Orissa to send a requisition to a person at Calcutta more so when the proviso to this section further enjoins that no woman shall be required to attend any place other than the place where she resides. Infringement of these statutory limitations in my opinion, does not only render the requisition illegal but with-out jurisdiction too.

1995CriLJ2754 IN THE HIGH COURT OF MADRAS
Appellants: A. Nallasivan Vs. Respondent: State of Tamil Nadu and others
Taking into account the above said proviso to S. 160 of the Criminal P.C. the abovesaid detention of 90 women and 28 children at the Forest Ranger's Office, Harur on 20-6-1992, appears to be illegal, offending their fundamental rights.

Prepared by Vipin Bhatt
HAQ: Centre for Child Rights

FILING OF CHARGE SHEET IN THE COURT and THE CODE OF CRIMINAL PROCEDURE, 1973

2010-02-04T03:14:00.000-08:00

Filing of charge sheet or final report or challan:-

A.
60 days from date of arrest in the cases of punishment is less than 10 years

B.
90 days from date of arrest in the cases of punishment is more than 10 years

C.
Where the accused was arrested and released on bail mostly police officer rarely take interest and took long time in filing charge sheet

D.
Where the person is absconding the police should conduct the proceeding under section 82 and section 83 Cr. P. C. and as per order given by the court declared the person “proclaimed offender” and filed the charge sheet at the earliest.

Various sections in the Code of Criminal Procedure

Section 82. Proclamation for person absconding.

Section 83. Attachment of property of person absconding.

Section 167. Procedure when investigation cannot be completed in twenty-four hours.
(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom all accused person is forwarded under this section may, whether he has or not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that-
1[(a) The Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-
(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) Sixty days, where the investigation relates to any other offence,

And, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be to released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

(b) No Magistrate shall authorize detention in any custody under this section unless the accused is produced before him;

(c) No Magistrate of the second class, not specially empowered in this behalf by the high Court, shall authorize detention in the custody of the police.
2[Explanation I. For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in Custody so long as he does not furnish bail.]

3[Explanation II].If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorizing detention.

2[(2A) Notwithstanding, anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, lot reasons to be recorded in writing, authoress the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and on the expiry of the period of detention so authorized, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):

Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together was a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.

(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.

(6) Where any order stopping further investigation into an offence has been made under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.

Prepared by: Vipin Bhatt
HAQ: Centre for Child Rights

Rock4Life Concert held at Shillong, Meghalaya

2010-02-02T00:55:00.000-08:00

“Everywhere I go, I see very much the same thing. I see the same compassion for people who live half a world away. I see the same concern about events beyond these borders and increasingly, I see the same conviction that we can and we must join together to stop the scourge of AIDS and poverty.”

… Bono (lead singer of U2)

Urban folk songwriter and singer Susmit Bose, HAQ, UNDP, UNAIDS and NACO joined hands to bring together the music of 8 leading rock bands of North East India, in the form of CD, in order to advocate and spread awareness on HIV/AIDS. The songs laid special emphasis on sensitizing the general public, especially young people, about the facts relating to and the myths and stigma associated with HIV/AIDS.

The CD was released on World AIDS Day i.e. December 1, last year in Shillong. A specially designed concert - Rock4Life - was held in Shillong for the launch of the CD and for purposes of direct interaction with the youth. The bands included were Soulmate (Meghalaya), Digital Suicide (Assam), Scavenger Project (Mizoram), Recycle (Manipur), Alive (Sikkim), Native Rising (Nagaland), Horjwlai (Tripura), and Alien Gods (Arunachal Pradesh).

The initiative, designed for advocacy through the arts, was based on the belief that addressing the youth directly through a medium they best understand, identify and relate is the most effective strategy to win over young peoples’ hearts and eventually spread awareness on a particular issue. The concept worked; the event was hugely successful and participation of youth was immense. As one participant remarks in his blog ‘The bands were rocking and the crowds were rolling ...’

p/s :- Check out some of the the ROCK4LIFE pictures on HAQ facebook page.

Section 354 Indian Penal Code

2010-01-28T08:14:00.000-08:00

A suggestion to amend the law. Please share your valuable comments:

Indian Penal Code
Section 354: Assault or criminal force to woman with intent to outrage her modestyWhoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

STATE AMENDMENTS

ANDHRA PRADESH

Section 354. Assault or criminal force to woman with intent to outrage her modestyWhoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which also shall not be less than five years but which may extend to seven years and also be liable to fine.Provided that the court may, fore adequate and special reasons to be mentioned in the judgement, imposed a sentence of imprisonment of either description of a term which may be less then five years, but which shall not be less than two years.

MADHYA PRADESH

Section 354A. Assault or use of criminal force to woman with intent to disrobe herWhoever assaults or uses criminal force to any woman or abets or conspires to assault or uses such criminal force to any intending to outrage or knowing it to be likely that by such assault, he will thereby outrage or causes to be outraged the modesty of woman by disrobing or compel her to be naked on any public place, shall be punished with imprisonment of either description for a term which also shall not be less than one year but which may extend to ten years and also be liable to fine. [Vide Madhya Pradesh Act 14 of 2004, section 3 (w.e.f.2-12-2004)]STATE OF ORISSA: In the First Schedule to the said Code in the entry under column 5 relating to section 345 or the IndianPenal Code 1860 for the word” bailabe’ the word ‘non bailable’ shall be substituted .

Suggestion to amend the section:

Section 354. Assault or criminal force to a person with intent to outrage the modesty of the personWhoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that the abuser will thereby outrage the person modesty, shall be punished with imprisonment of either description for a term which also shall not be less than five years but which may extend to seven years and also be liable to fine.
Provided that if the person in respect of whom an offence committed under this section is a child below the age of 18 years the punishment provided under this section shall extend to imprisonment for a term of not less than seven years.

Who owns the child?

2010-01-26T20:49:00.000-08:00

Who owns the child, police department or the court or the child welfare committee or NGO or the child rights commission, Who Actually? It is difficult to say who is actually the guardian of the child, if the child abused by her own family member. A girl, child sexually abused by the father, on which emotionally she must have relied upon the most and who is supposed to be the caretaker of the child. By the brother, who is supposed to fulfill all the demands of his sister or by the person to whom the child knows best, residing as a neighbor of the family or by grandfather or by chacha, or by mama, or by uncle or anyother person. In approximately more than 90% of sexual abuse cases, the victim knows the abuser. This act crashes the trust of the child and makes her vulnerable for whole life. The financial dependency and society pressure is so high that it is difficult or almost impossible for the mother or other family member to raise voice against the perpetrator in the family. Even after loosing all the trust from all the quarters in the family sometime these girls show big courage and raise their voice against the brutality. They find someone to whom they can share their feelings and emotions, confront their pain and trust again. It could be her mother, friend, teacher, classmate, or any other person. And when abusive act comes in the public domain then the emotional scuffle turns into a legal battle.

From here, another journey starts. Who owns the child? Who would take stand for her? Who would defend her? Who would reinstate faith and trust in her towards life and society at large? The child meet police, NGO, Child Welfare Committee popularly called as CWC under (Juvenile Justice (Care and Protection of Children) Act, 2000) and shares her trauma with all them as if, she is revising the chapter from her book. She shows trust in all of them with the thought they might give justice to her. First Information report lodged and case comes up for the trial at session level. The girl has to stay at the children homes under the custody of Child Welfare Committee.

Ninety days, time for filing charge sheet in the Session Court, give ample amount of time to the family for pressurizing the victim. A child turns hostile and changes her statement. Court verdicts, the prime witness turned hostile, case disposed off and accused acquitted. Family members file an application for custody of the child. Without looking the gravity of the offence; session court pass order “custody should be given to relative of the child as child has also shown interest for going back in the family” “signature of the child also taken”. Irrespective of the fact that the child is going in the same abusive family environment but the custody order passed.

When relatives goes to Child Welfare Committee ask for the child, as the order passed by the session judge, it is difficult for the CWC to refuse it, irrespective of the fact that they have the authority to take the stand on the issue related with the child care, protection and rehabilitation. However, they do not take the stand and give the child to the family member where the abuser is also residing. They do not willing or interested in sharing the facts to the session court. It is a power structure, nobody wants think out of the box, wants to take risk and consider about the child’s trauma. If the child sent back in the same abusive family with the same abuser what will happen to her. Who will decide? Who is thinking about the child and who owns the child?
Prepared by: Vipin Bhatt HAQ: Centre for Child Rights

Remembering the first time National Bravery Award for stopping Child Marriage was given

2010-01-25T03:47:00.000-08:00

On the occasion of India's 61st Republic Day, HAQ is proud to remember that in 2003, HAQ had for the first time taken the initiative encourage Indian Council for Child Welfare (ICCW) to recognise children intervening to stop 'Child Marriage' as an act of bravery worthy of National Bravery Award. Since then, it is every wondeful to see that each year children are given bravery awards for stoppin child marriages.

Bharti Ali, co-director of HAQ and National Convener of Campaign against Child Trafficking (CACT), had taken a strong initiative to ensure that 5 girls from a school in Karnal were recognised for their extreme act of bravery for bringing to notice and thus stopping the marraige of their classmate with the support of their teacher.

Below mentioned links could be visted for further details, on the 2003 National Bravery Awards given to the 5 girls:

http://www.icrw.org/photoessay/html/future_subs/grassroots.htm

http://www.hinduonnet.com/2004/01/25/stories/2004012503771000.htm

http://www.tribuneindia.com/2004/20040125/nation.htm#1

Submission to Ms. Navanethem Pillay UN High Commissioner for Human Rights

2009-11-05T22:01:00.000-08:00

Even as average income rises and poverty level goes down, hunger and inequality are increasing in many parts of India. Growing consumerism, conflict and violence, lack of access to education and health, and exclusionary policies are making children more vulnerable. No child is safe and girls, dalit, disabled, tribal and minority children are more at risk because of their marginalised socio-economic status.

1.Discrimination and exclusion continues
Despite constitutional guarantees and legal provisions, children continue to be discriminated against on the basis of caste, ethnicity and gender. Discrimination is at the base of many child rights violations. Children from certain socio-economic backgrounds, such as the poor, minorities, tribal, dalit or migrant, face discrimination in many ways. They are less likely to be able to access education and health care services but more likely to be victims of violence and exploitation, trafficked and recruited as child soldiers, and represented among juveniles who are imprisoned. The plummeting sex ratio is a shameful reflection of the discrimination faced by women and girls even today. It is a violation of their very right to life. Clearly, existing mechanisms are inadequate to deal with discrimination and exclusion. Also, apart from existing discriminations new forms of discrimination and exclusion must be recognised and addressed.

a. Development and economic policies designed to lead to further exclusion
An analysis of the programmes and the way they are implemented shows they often lead to further marginalisation and exclusion. Forced evictions and displacement for development and urbanisation; loss of jobs for adults; agricultural policies leading to farmer suicides, and growing consumerism are putting children at risk. Children are being forced out of school and into labour, falling prey to trafficking and abuse. Privatisation has made health services very costly and beyond reach of a large number of families. Almost always, the already backward and marginalised, girls or the disabled child are the first to be excluded or abused. We believe unless all government policies and actions, be it the agricultural policy, the drugs policy, the policy on displacement and rehabilitation, forest laws, mining policy, are examined from a child rights lens, any attempt to address violation or denial of children’s rights will be defeated, pushing more and more children out of the social safety net.

2. Change in rhetoric, little change in practice
Over the years the government has adopted a rights-based language for any intervention concerning children. It has also undertaken some changes in law, policy and programming. But this rhetoric is just window-dressing for the worsening indicators for children. Not enough resources or attention is being paid to change rhetoric into practice. Thus the Human Rights Commission and the Treaty Bodies need to pay much greater attention to examining the actual situation on the ground to find the real change (or the absence of it) in the lives of children.

a. Abdication of state responsibility
There is an increasing trend towards abdication of state responsibility, which is evident in the increasing moves to hand over the running of institutions, such as care institutions for children to private bodies and the tremendous increase in expenditure of families on basic services such as education and health, much of which has been privatised. While private-public partnership must be encouraged, core services such as health, education, sanitation, water, running of juvenile justice institutions, etc. must continue to be the responsibility of the State, with private or non-government organisations providing part, additional or technical support services.

b. Transparency and accountability issues
Increasingly the State is implementing its programmes through autonomous societies that it registers in the districts and states. The budget is transferred directly to these institutions and is not reflected in the state’s budget documents. All its flagship central programmes such as for education for all, reproductive and child health, and rehabilitation of child labour are implemented in this manner. The recently approved Integrated Child Protection Scheme too will follow the same route. Since these programmes are kept out of the state machinery and are governed by different rules, it becomes difficult to monitor them and pin accountability. There is a critical need to not just examine the general measures of implementation being put in place, but also the manner in which they are being implemented.

3. Children Increasingly Unprotected

a. Right to name and nationality remains a challenge
Birth registration is fundamental to the civil and political rights of every child and must be ensured immediately. For millions of children across India, this basic right is still not fulfilled depriving them of the official document that is the foundation for them to exercise their rights and access services, and the basis for their recognition as citizens. Lack of Birth registration is a denial of name and nationality.

b. Child abuse and violence
India has the world’s largest number of sexually abused children as well as working children. Violence against children has emerged as the most pressing problem. Government records say there has been a 36.2 per cent increase in crimes against children between 2005 and 2007. On a daily basis, children confront ethnic and communal violence, state-sponsored violence, sexual abuse and exploitation in all forms. Yet, protection finds the lowest priority in government’s programming. India does not have a proper estimate of the number of children who need special protection. Available data is limited to crimes against children that are reported to the police but many crimes go unreported. Every year, a huge number of children go missing. Even in this day and age, children have to deal with increasing child sacrifice, infanticide, killing of daughters, and child marriage, crimes that are inexplicably increasing with modernisation of society.

Children are being recruited into armed combat by both state and non-state actors.

c. Increase in child trafficking
Trafficking of children has grown to alarming proportions. Discrimination and exclusion from basic social services and economic gain has been a prime factor in trafficking, which is more common among the poor and the marginalised. The war of survival forces the poorest communities to often sell their children. Social exclusion based on gender greatly increases the risk of being trafficked for girls. India is described as a “source, destination and transit country for men, women and children trafficked for the purposes of forced labour and commercial sexual exploitation”. Children are trafficked for all kinds of purposes. Yet the law on trafficking does not define trafficking and only deals with trafficking for prostitution, and indeed till recently only dealt with girls. India has yet to ratify the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol).

d. Juvenile Justice
Despite changes in the juvenile justice law, which deals with both children in need of care and protection as well as children in conflict with law, its implementation remains an area for concern and attention. Lack of knowledge, abuse by the police and in institutions, inadequate resources and large-scale corruption plague the system.

e. Failure to ensure universalisation of education and elimination of child labour
Despite a constitutional amendment to make education a fundamental right, it has yet to become a law. More importantly, the continuation of a law that allows child labour can never ensure universalisation of education. Children drop out of school—rather, are squeezed out of the education system--because of their own socio-economic status as well as the situation in the schools, adding to the exclusion that is already a blot on our education system. There are wide gaps between urban and rural school attendance and wider disparities between the richest and the poorest households. The draft Bill on Right to Education before Parliament and the system of education currently implemented allows for disparate and unequal education, which will perpetuate exclusion.

3. Lack of Synergy and Convergence
Despite the recognition that there needs to be a convergence of approaches and services meant for children, this has not happened. Each department or ministry operates as a stand-alone mechanism for planning and implementation. One of the prime examples of this is the Government’s inability to put together a periodic report to the UN Committee on the Rights of the Child in the specified time as the other department’s and ministries do not co-operate with the nodal Ministry for Women and Child Development. Even the mechanism to monitor implementation of child rights ha failed.
Enakshi Ganguly Thukral
Co-Director 23 March 2009

FINAL (Approved) DELHI JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2009

2009-09-15T04:15:00.000-07:00

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FINAL (Approved) DELHI JUVENILE JUSTICE (CARE
AND PROTECTION OF CHILDREN) RULES, 2009.
(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE – EXTRA ORDINARY)
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
(DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT)
1, CANNING LANE, K. G. MARG, NEW DELHI.
F. No. 61 (9)/JJ Amend. Act/AD-I/DWCD/2009/ Dated :
F. No. 61 (9)/JJ Amend. Act/AD-I/DWCD/2009/ - In exercise of the powers
conferred by section 68 of the Juvenile Justice (Care and Protection of Children) Act,
2000 (56 of 2000), the Lt. Governor of the National Capital Territory of Delhi, hereby
makes the following rules namely :-
CHAPTER – I
PRELIMINARY
1. Short title and commencement. (1) These rules may be called Delhi Juvenile
Justice (Care and Protection of Children) Rules, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definition. In these rules, unless the context otherwise requires-
(a) "abandoned" means an unaccompanied and deserted child who is declared
abandoned by the Committee after due inquiry;
(b) "Act" means the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of
2000) as amended by the Juvenile Justice (Care and Protection of Children)
Amendment Act, 2006 (33 of 2006);
(c) "best interest of the child" means a decision taken to ensure the physical, emotional,
intellectual, social and moral development of juvenile or child;
(d) "child friendly" means any process and interpretation, attitude, environment and
treatment, that is humane, considerate and in the best interest of the child;
(e) "community service" implies service rendered to the society by juveniles in conflict
with law in lieu of or in addition to other judicial remedies and penalties,
which is not degrading and dehumanizing. Examples of this may include (only non
hazardous part) :
i. cleaning a park;
ii. getting involved with Habitat for Humanity;
iii. serving the elderly in nursing homes;
iv. helping out a local fire or police department;
v. helping out at a local hospital or nursing home; and
vi. serving disabled children.
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(f) "detention" in case of juveniles in conflict with law means "protective custody" in
line with the principles of restorative justice;
(g) "Form" means the form annexed to these rules;
(h) "individual care plan" is a comprehensive development plan for a juvenile or child
based on age specific and gender specific needs and the case history of the juvenile or
child, prepared in consultation with the juvenile or child and parent/guardian, if
available in order to restore the juvenile’s or child’s self-esteem, dignity and selfworth
and nurture him into a responsible citizen and accordingly the plan shall address
the following needs of a juvenile or a child:
i. Health needs;
ii. Emotional and psychological needs;
iii. Educational and training needs;
iv. Leisure, creativity and play;
v. Attachments and relationships;
vi. Protection from all kinds of abuse, neglect and maltreatment;
vii. Social mainstreaming; and
viii. Follow-up post release and restoration.
(i) "institution" means an observation home, or a special home, or a children's home or
a shelter home set up, certified or recognized and registered under sections 8, 9, 34,
sub-section (3) of section 34 and section 37 of the Act respectively;
(j) "Officer-in-charge" or such other nomenclature as issued by the State Government,
means a person appointed for the control and management of the institution;
(k) "orphan" means a child who is without parents or willing and capable legal or
natural guardian;
(l) "place of safety" means any institution set up and recognized under sub-section (3)
of section 12 and sub-section (1) of section 16 of the Act for juvenile in conflict with
law or children;
(m) "recognised" means a person found fit by the competent authority or, an institution
found fit by the State Government on the recommendation of the competent authority
as per clauses (h) and (i) of section (2) of the Act; or, recognition of an institution or
agency or voluntary organisation by the State Government to operate as a children’s
home, observation home and special home; or a shelter home, specialised adoption
agency or after care organization under sub-section (1) of section 37, sub-section (4) of
section 41 and clause (a) of section 44 of the Act;
(n) "registered" means all institutions or agencies or voluntary organisations providing
residential care to children in need of care and protection registered under sub-section
(3) of section 34;
(o) "State Government" means the Lieutenant Governor of the
National Capital Territory of Delhi appointed by the President
under article 239 of the Constitution;
(p) "street and working children" means children without ostensible means of
livelihood, care, protection and support in accordance with the provisions laid down
under clause (d) (1) of section 2 of the Act;
(q) "surrendered child" means a child, who in the opinion of the Committee, is
relinquished on account of physical, emotional and social factors beyond the control of
the parent or guardian;
(r) all words and expressions defined in the Act and used, but not defined in these rules,
shall have the same meaning as assigned to them in the Act.
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CHAPTER – II
FUNDAMENTAL PRINCIPLES OF JUVENILE JUSTICE AND
PROTECTION OF CHILDREN
3. Fundamental principles to be followed in administration of these rules. (1) The
State Government, the Juvenile Justice Board, the Child Welfare Committee or other
competent authorities or agencies, as the case may be, while implementing the
provisions of these rules shall abide and be guided by the principles, specified in subrule
(2).
(2) The following principles shall, interalia, be fundamental to the application,
interpretation and implementation of the Act and the rules made hereunder:
I. Principle of presumption of innocence:
(a) A juvenile or child or juvenile in conflict with law is presumed to be innocent of
any malafide or criminal intent up to the age of eighteen years.
(b) The juvenile’s or juvenile in conflict with law’s or child's right to
presumption of innocence shall be respected throughout the process of justice and
protection, from the initial contact to alternative care, including aftercare.
(c) Any unlawful conduct of a juvenile or a child or a juvenile in conflict with law
which is done for survival, or is due to environmental or situational factors or is done
under control of adults, or peer groups, ought to be covered by the principles of
innocence.
(d) The basic components of presumption of innocence are:
(i) Age of innocence
Age of innocence is the age below which a juvenile or child or a juvenile in conflict
with law cannot be subjected to the criminal justice system. The Beijing Rule 4(1)
clearly lays down that "the beginning of the age of criminal responsibility shall not be
fixed at too low an age level bearing in mind the facts of mental and intellectual
maturity". In consonance with this principle, the mental and intellectual maturity of
juvenile or child or a juvenile in conflict with law below eighteen years is considered
insufficient through out the world.
(ii) Procedural protection of innocence
All procedural safeguards that are guaranteed by the Constitution and other statutes to
the adults and that go in to strengthen the juvenile’s or child’s right to presumption of
innocence shall be guaranteed to juveniles or the children or juveniles in conflict
with law.
(iii) Provisions of Legal aid and Guardian Ad Litem
Juveniles in conflict with law have a right to be informed about the accusations against
them and a right to be legally represented. Provisions must be made for guardian ad
litem, legal aid and other such assistance through legal services at State expense. This
shall also include such juvenile’s right to present his case before the competent
authority on his own.
II. Principle of dignity and worth:
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(a) Treatment that is consistent with the child’s sense of dignity and worth is a
fundamental principle of juvenile justice. This principle reflects the fundamental human
right enshrined in Article 1 of the Universal Declaration of Human Rights that all
human beings are born free and equal in dignity and rights. Respect of dignity includes
not being humiliated, personal identity, boundaries and space being respected, not
being labeled and stigmatized, being offered information and choices and not being
blamed for their acts.
(b) The juvenile’s or child’s right to dignity and worth has to be respected and
protected throughout the entire process of dealing with the child from the first contact
with law enforcement agencies to the implementation of all measures for dealing with
the child.
III. Principle of Right to be heard:
Every child’s right to express his views freely in all matters affecting his interest shall
be fully respected through every stage in the process of juvenile justice. Children’s
right to be heard shall include creation of developmentally appropriate tools and
processes of interacting with the child, promoting children’s active involvement in
decisions regarding their own lives and providing opportunities for discussion and
debate.
IV. Principle of Best Interest:
(a) In all decisions taken within the context of administration of juvenile justice, the
principle of best interest of the juvenile or the juvenile in conflict with law or child
shall be the primary consideration.
(b) The principle of best interest of the juvenile or juvenile in conflict with law or child
shall mean for instance that the traditional objectives of criminal justice, retribution and
repression, must give way to rehabilitative and restorative objectives of juvenile justice.
(c) This principle seeks to ensure physical, emotional, intellectual, social and moral
development of a juvenile in conflict with law or child so as to ensure the safety, well
being and permanence for each child and thus enable each child to survive and reach
his or her full potential.
V. Principle of family responsibility:
(a) The primary responsibility of bringing up children, providing care, support and
protection shall be with the biological parents. However, in exceptional situations, this
responsibility may be bestowed on willing adoptive or foster parents.
(b) All decision making for the child should involve the family of origin unless it is not
in the best interest of the child to do so.
(c) The family - biological, adoptive or foster (in that order), must be held responsible
and provide necessary care, support and protection to the juvenile or child under their
care and custody under the Act, unless the best interest measures or mandates dictate
otherwise.
VI. Principle of Safety (no harm, no abuse, no neglect, no exploitation and no
maltreatment):
(a) At all stages, from the initial contact till such time he remains in contact with the
care and protection system, and thereafter, the juvenile or child or juvenile in conflict
with law shall not be subjected to any harm, abuse, neglect, maltreatment, corporal
punishment or solitary or otherwise any confinement in jails and extreme care shall be
taken to avoid any harm to the sensitivity of the juvenile or the child.
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(b) The state has a greater responsibility for ensuring safety of every child in its care
and protection, without resorting to restrictive measures and processes in the name of
care and protection.
VII. Positive measures:
(a) Provisions must be made to enable positive measures that involve the full
mobilization of all possible resources, including the family, volunteers and other
community groups, as well as schools and other mainstream community institutions or
processes, for the purpose of promoting the well-being of the juvenile or child through
individual care plans carefully worked out.
(b) The positive measures shall aim at reducing vulnerabilities and reducing the need
for intervention under the law, as well as effective, fair and humane dealing of the
juvenile or child.
(c) The positive measures shall include avenues for health, education, relationships,
livelihoods, leisure, creativity and play.
(d) Such positive measures must facilitate the development of identity for the child and
provide them with an inclusive and enabling environment.
VIII. Principle of non-stigmatizing semantics, decisions and actions:
The non-stigmatizing semantics of the Act must be strictly adhered to, and the use of
adversarial or accusatory words, such as, arrest, remand, accused, charge sheet, trial,
prosecution, warrant, summons, conviction, inmate, delinquent, neglected, custody or
jail is prohibited in the processes pertaining to the child or juvenile in conflict with law
under the Act.
IX. Principle of non-waiver of rights:
(a) No waiver of rights of the child or juvenile in conflict with law, whether by himself
or the competent authority or anyone acting or claiming to act on behalf of the juvenile
or child, is either permissible or valid.
(b) Non-exercise of a fundamental right does not amount to waiver.
X. Principle of equality and non-discrimination:
(a) There shall be no discrimination against a child or juvenile in conflict with law on
the basis of age, sex, place of birth, disability, health, status, race, ethnicity, religion,
caste, cultural practices, work, activity or behaviour of the juvenile or child or that of
his parents or guardians, or the civil and political status of the juvenile or child.
(b) Equality of access, equality of opportunity, equality in treatment under the Act shall
be guaranteed to every child or juvenile in conflict with law.
XI. Principle of right to privacy and confidentiality:
The juvenile's or child's right to privacy and confidentiality shall be protected by all
means and through all the stages of the proceedings and care and protection processes.
XII. Principle of last resort:
Institutionalization of a child or juvenile in conflict with law shall be a step of the last
resort after reasonable inquiry and that too for the minimum possible duration.
XIII. Principle of repatriation and restoration:
(a) Every juvenile or child or juvenile in conflict with law has the right to be re-united
with his family and restored back to the same socio-economic and cultural status that
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such juvenile or child enjoyed before coming within the purview of the Act or
becoming vulnerable to any form of neglect, abuse or exploitation.
(b) Any juvenile or child, who has lost contact with his family, shall be eligible for
protection under the Act and shall be repatriated and restored, at the earliest, to his
family, unless such repatriation and restoration is likely to be against the best interest of
the juvenile or the child.
XIV. Principle of Fresh Start:
(a) The principle of fresh start promotes new beginning for the child or juvenile in
conflict with law by ensuring erasure of his past records.
(b) The State shall seek to promote measures for dealing with children alleged or
recognized as having impinged the penal law, without resorting to judicial proceedings.
CHAPTER – III
JUVENILE IN CONFLICT WITH LAW
4. Juvenile Justice Boards. There shall be one or more Juvenile Justice Boards in the
National Capital Territory of Delhi, which shall be constituted by
the State Government as per section 4 of the Act.
5. Composition of the Juvenile Justice Board. (1) The Board shall consist of a
Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be,
and two social workers of whom at least one shall be a woman, forming a bench:
Provided that the Principal Magistrate of the Board shall review the pendency of cases
before the Board and take such steps, as may be necessary in the expeditious disposal
of the cases.
(2) Every such bench shall have the powers conferred by the Code of Criminal
Procedure 1973 (2 of 1974).
(3) (i) A Magistrate with special knowledge or training in child psychology or child
welfare shall be designated as the Principal Magistrate of the Board.
(ii) In case the Principal Magistrate with such special knowledge or training is not
available, then, the State Government shall provide for such short-term training in child
psychology or child welfare as it considers necessary.
(4) The two social workers, of whom at least one shall be a woman, shall be appointed
by the State Government on the recommendation of the Selection Committee set up
under rule 91 of these rules.
(5) The State Government shall provide for such training and orientation in child
psychology, child welfare, child rights, national and international standards for juvenile
justice to all members of the Board as it considers necessary, in accordance with the
Integrated Child Protection Scheme of the Central Government.
6. Tenure of the Board. (1) The Board shall have a tenure of
three years and the appointment of members shall also
be for three years from the date of their appointment.
(2) A social worker being a member of the Board shall be eligible for appointment for a
maximum of two consecutive terms.
(3) Any extension of the tenure of members of the Board shall be on the basis of their
performance appraisal by the District Child Protection Unit of the State Government
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and on the recommendation of a Selection Committee constituted for the purpose and
the performance appraisal of members of the Board shall necessarily assess their
participation in the proceedings of the Board and contribution in case disposal.
(4) A member may resign any time, by giving one month's advance notice in writing or
may be removed from his office as provided in sub-section (5) of section 4 of the Act.
(5) Any vacancy in the Board may be filled by appointment of another person from the
panel of names prepared by the Selection Committee, and shall hold office for the
remaining term of the Board.
7. Qualifications for Members of the Board. (1) The social worker to be appointed as
a member of the Board shall be a person not less than 35 years and not more than
65 years of age at the time of appointment/extension, who has a postgraduate
degree in social work, health, education, psychology, child development or
any other social science discipline and has been actively involved and engaged in
planning, implementing and administering measures relating to child welfare for at
least seven years.
(2) No person shall be considered for selection as a Member of the Board, if he,- (a) has
been convicted under any law;
(b) have ever indulged in child abuse or employment of child labour or any other
human rights violations or immoral act;
(c) is holding such other occupation that does not allow him to give necessary time and
attention to the work of the Board;
(d) does not fulfill the qualification and experience prescribed in the Act and the rules
made there under and in such a case the Selection Committee shall after due inquiry
and on establishment of such fact, reject his application and recommend the name of
the next person from the list of names prepared for filling the vacancies.
8. Sitting and conveyance allowances. The social worker members of the Board shall
be paid such travel and sitting allowance, as the State Government may determine, but
it shall not be less than rupees one thousand per sitting.
9. Sittings of the Board. (1) The Board shall hold its sittings in the premises of an
Observation Home or, at a place in proximity to the observation home or, at a suitable
premise in any institution run under the Act, and in no circumstances shall the Board
operate from within any court premises.
(2) The premises where the Board holds its sittings shall be child-friendly and shall not
look like a court room in any manner whatsoever; for example, the Board shall not sit
on a raised platform and the sitting arrangement shall be uniform, and there shall be no
witness boxes.
(3) The Board shall meet on all working days of a week, unless the case pendency is
less in a particular district and concerned authority issues an order in this regard.
(4) A minimum of three-fourth attendance of the Chairperson and Members of the
Board is necessary in a year.
(5) Every member of the Board shall attend a minimum of six hours per sitting.
10. Functions of the Board. The Board shall perform the following functions to
achieve the objectives of the Act, namely:-
(a) adjudicate and dispose cases of juveniles in conflict with law;
(b) take cognizance of crimes committed under section 23 to 28 of the Act,
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(c) monitoring institutions for juveniles in conflict with law and seeking compliance
from them in cases of any noticeable lapses and improvement based on suggestions of
the Board;
(d) deal with non-compliance on the part of concerned government functionaries or
functionaries of voluntary organizations, as the case may be, in accordance with due
process of law;
(e) pass necessary direction to the district authority and police to create or provide
necessary infrastructure or facilities so that minimum standards of justice and treatment
are maintained in the spirit of the Act;
(f) maintain liaison with the Committee in respect of cases needing care and protection;
(g) liaison with other Boards in the National Capital Territory of
Delhi and other States or Union Territories to facilitate speedy
inquiry and disposal of cases through due process of law;
(h) take suitable action for dealing with unforeseen situations that may arise in the
implementation of the Act and remove such difficulties in the best interest of the
juvenile;
(i) send quarterly information about juveniles in conflict with law produced before
them, to the District, State Child Protection Unit, the State Government and also to the
Chief Judicial Magistrate or Chief Metropolitan Magistrate for review under subsection
(2) of section 14 of the Act;
(j) any other function assigned by the State Government from time to time relating with
juveniles in conflict with law.
11) Pre and Post-Production action of police and other agencies .-
1. In dealing with cases of juveniles in conflict with law the Police or the Juvenile
or the Child Welfare Officer from the nearest police station, shall not be
required to register an FIR or file a charge-sheet, except where the offence
alleged to have been committed by the juvenile is of a serious nature such as
rape, murder or when such offence is alleged to have been committed jointly
with adults; instead, in matters involving simple offences, the Police or the
Juvenile or the Child Welfare Officer from the nearest police station shall
record information regarding the offence alleged to have been committed by the
juvenile in the general daily diary followed by a report containing social
background of the juvenile and circumstances of apprehension and the alleged
offence and forward it to the Board before the first hearing.
2. The police or the Juvenile or the Child Welfare Officer from the nearest police
station, shall exercise the power of apprehending the juvenile only in cases of
his alleged involvement in serious offences (entailing a punishment of 7 years
or more imprisonment for adults).
3. For all other cases involving offences of non-serious nature (entailing a
punishment of less than 7 years imprisonment for adults) and cases where
apprehension is not necessary in the interest of the juvenile, the police or the
Juvenile or the Child Welfare Officer from the nearest police station, shall
intimate the parents or guardian of the juvenile about forwarding the
information regarding nature of offence alleged to be committed by their child
or ward along with his socio-economic background to the Board, which shall
have the power to call the juvenile for subsequent hearings. Whenever a
juvenile is apprehended "apprehension memo" in Form - XXV shall be
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prepared. The personal search of the Juvenile shall be conducted and Form -
XXVI shall be filled with relevant information. When a juvenile or child
requires to be medically examined, request for Medical Examination Report in
Form - XXIV shall be prepared.
4. In such cases where apprehension apparently seems to be in the interest of the
juvenile, the police or the Juvenile or the Child Welfare Officer from the nearest
police station, shall rather treat the juvenile as a child in need of care and
protection and produce him before the Board, clearly explaining the juvenile’s
need for care and protection in its report and seek appropriate orders from the
Board under rule 13 (1) (b) of these rules.
5. As soon as a juvenile alleged to be in conflict with law is apprehended by the
police, the concerned police officer shall inform:
(a) the designated Juvenile or the Child Welfare Officer in the nearest
police station to take charge of the matter;
(b) the parents or guardian of the juvenile alleged to be in conflict with
law about the apprehension of the juvenile, about the address of the
Board where the juvenile will be produced and the date and time
when the parents or guardian need to be present before the Board (as
per form XXIII).
(c) the concerned probation officer, of such apprehension to enable him
to obtain information regarding social background of the juvenile
and other material circumstances likely to be of assistance to the
Board for conducting the inquiry. The Investigating Officer shall
record the child version of the incident in the presence of Juvenile
Welfare Officer/ fit person/ parents/ guardian. The child version of
the incident shall be verified and if it comes to notice that an adult
has caused the juvenile to be in the conflict situation an action
against such adult shall be initiated keeping the interest of juvenile
in mind and to ensure that he keeps away from such influence. The
child version of the incident along with the verification of the same
shall be produced before the Juvenile Justice Board.
6. Soon after apprehension, the juvenile shall be placed under the charge of the
Juvenile or Child Welfare Officer from the nearest police station.
7. The police apprehending a juvenile in conflict with law shall in no case put
send the juvenile in lock-up or delay his charge being transferred to the Juvenile
or the Child Welfare Officer from the nearest police station.
8. A list of all designated Juvenile or Child Welfare Officers in a district and
members of Special Juvenile Police Unit with contact details shall be
prominently displayed in every police station.
9. The police or the Juvenile or the Child Welfare Officer from the nearest police
station, shall also record the social background of the juvenile and
circumstances of apprehension and offence alleged to have been committed in
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the case diary of each juvenile, which shall be forwarded to the Board
forthwith.
10. For gathering the best available information it shall be incumbent upon the
Police or the Juvenile or the Child Welfare Officer from the nearest police
station, to contact the parents or guardians of the juvenile and also apprise them
of the juvenile’s law breaking behaviour.
11. The Police or the Juvenile or the Child Welfare Officer from the Special
Juvenile Police Unit, or the recognized voluntary organization shall be
responsible for the safety and provision of food and basic amenities to the
juveniles apprehended or kept under their charge during the period such
juveniles are with them.
12. The State Government shall recognize only such voluntary organizations that
are in a position to provide the services of probation, counseling, case work, a
safe place and also associate with the Police or the Juvenile or the Child
Welfare Officer from the Special Juvenile Police Unit, and have the capacity,
facilities and expertise to do so as protection agencies that may assist the Police
or the Juvenile or the Child Welfare Officer from the police at the time of
apprehension, in preparation of the report containing social background of the
juvenile and circumstances of apprehension and the alleged offence, in taking
charge of the juvenile until production before the Board, and in actual
production of the juvenile before the Board within twenty-four hours.
13.
(a) The Juvenile or the Child Welfare Officer from the nearest police
station, or where such officer has not been designated as per
provisions laid down under sub-section (2) of section 63 of the Act
or is not available for some official reasons, the police officer who
had apprehended the juvenile shall produce the juvenile before the
Board within 24 hours as per sub section 1 of section 10 of the Act.
(b) In case the Board is not sitting, the juvenile in conflict with law shall
be produced before a single member of the Board as per the
provisions laid down under the sub-section (2) of section 5 of the
Act.
(c) When a juvenile is produced before an individual member of the
Board, and an order obtained, such order shall need ratification by
the Board in its next meeting.
14. When the juvenile is released when apprehension in a case is not warranted then
an undertaking on a non-judiciall paper, of the parents/ guardians or a fit person
in whose custody the juvenile/child in conflict with law is released in the
interest of the child, shall be made in Form – XXVII to ensure their presence on
the dates during enquiry/ proceedings of the Board.
12. Procedure to be followed in determination of Age. (1) In every case concerning a
child or a juvenile in conflict with law, the court or the Board or as the case may be the
Committee referred to in rule 19 of these rules shall determine the age of such juvenile
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or child or a juvenile in conflict with law within a period of thirty days from the date of
making of the application for that purpose.
(2) The court or the Board or as the case may be the Committee shall decide the
juvenility or otherwise of the juvenile or the child or as the case may be the juvenile in
conflict with law, prima facie on the basis of physical appearance or documents, if
available, and send him to the observation home or in jail.
(3) In every case concerning a child or juvenile in conflict with law, the age
determination inquiry shall be conducted by the court or the Board or, as the case may
be, the Committee by seeking evidence by obtaining –
(a)
i. the date of birth certificate from the school (other than a play school)
first attended; and in the absence whereof;
ii. the birth certificate given by a corporation or a municipal authority or a
panchayat;
iii. the matriculation or equivalent certificates, if available;
(b) and only in the absence of either (i), (ii) or (iii) of clause (a) above, the medical
opinion will be sought from a duly constituted Medical Board, which will declare the
age of the juvenile or child. In case exact assessment of the age cannot be done, the
Court or the Board or, as the case may be, the Committee, for the reasons to be
recorded by them, may, if considered necessary, give benefit to the child or juvenile by
considering his/her age on lower side within the margin of one year and, while passing
orders in such case shall, after taking into consideration such evidence as may be
available, or the medical opinion, as the case may be, record a finding in respect of his
age and either of the evidence specified in any of the clauses (a)(i), (ii), (iii) or in the
absence whereof, clause (b) shall be the conclusive proof of the age as regards such
child or the juvenile in conflict with law.
(4) If the age of a juvenile or child or the juvenile in conflict with law is found to be
below 18 years on the date of offence, on the basis of any of the conclusive proof
specified in sub-rule (3), the court or the Board or as the case may be the Committee
shall in writing pass an order stating the age and declaring the status of juvenility or
otherwise, for the purpose of the Act and these rules and a copy of the order shall be
given to such juvenile or the parent/ guardian/ person concerned.
(5) Save and except where, further inquiry or otherwise is required, inter alia, in terms
of section 7A, section 64 of the Act and these rules, no further inquiry shall be
conducted by the court or the Board after examining and obtaining the certificate or any
other documentary proof referred to in sub-rule (3) of this rule.
(6) The provisions contained in this rule shall also apply to those disposed off cases,
where the status of juvenility has not been determined in accordance with the
provisions contained in sub rule (3) and the Act, requiring dispensation of the sentence
under the Act for passing appropriate order in the interest of the juvenile in conflict
with law.
13. Post-production processes by the Board. (1) On production of the juvenile before
the Board, the report containing social background of the juvenile and circumstances of
apprehension and offence alleged to have been committed provided by the officers,
individuals, agencies producing the juvenile shall be reviewed by the Board, and the
Board shall pass the following order in the first summary inquiry on the same day,
namely:-
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(a) dispose off the case, if the evidence of his conflict with law appears to be unfounded
or where the juvenile is involved in trivial law breaking;
(b) transfer to the Committee, matters concerning juveniles clearly stated to be in need
of care and protection in the police report submitted to the Board at the time of
production of the juvenile;
(c) release the juvenile in the supervision or custody of fit persons or fit institutions or
probation officers as the case may be, through an order in Form-I, with a direction to
appear or present a juvenile for an inquiry on a next date;
(d) detain the juvenile in an Observation Home or fit institution pending inquiry, only
in cases of juvenile’s involvement in serious offences as per an order in Form-II;
(e) in all cases of release pending inquiry, the Board shall notify the next date of
hearing, not later than 15 days of the first summary enquiry and also seek social
investigation report from the concerned Probation Officer through an order in Form-
III;
(2) The Board shall take the following steps to ensure fair and speedy inquiry, namely:-
(a) at the time of initiating the inquiry, the Board shall satisfy itself that the juvenile in
conflict with law has not been subjected to any ill-treatment by the police or by any
other person, including a lawyer or probation officer and take corrective steps in case of
such ill-treatment;
(b) in all cases under the Act the proceedings shall be conducted in as simple a manner
as possible and care shall be taken to ensure that the juvenile, against whom the
proceedings have been instituted, is given child-friendly atmosphere during the
proceedings;
(c) every juvenile brought before the Board shall be given the opportunity to be heard
and participate in his inquiry;
(d) cases of petty offences, if not disposed off by the Special Juvenile Police Unit or at
the police station itself, may be disposed off by the Board through summary
proceedings or inquiry, while in cases of heinous offences entailing punishment of 7
years or more prescribed for adults due process of inquiry in detail may follow;
(e) even in cases of inquiry pertaining to serious offences the Board shall follow the
procedure of trial in summons cases.
(3) When witnesses are produced for examination in inquiry relating to a juvenile in
conflict with law, the Board shall keep in mind that the inquiry is not to be conducted in
the spirit of strict adversarial proceedings and it shall use the powers conferred by
section 165 of the Indian Evidence Act, 1872 (1 of 1872) so as to question the juvenile
and proceed with the presumptions that favour the juvenile’s right to be restored.
(4) While examining a juvenile in conflict with law and recording his statement, the
Board shall address the juvenile in a child-friendly manner in order to put the juvenile
at ease and to encourage him to state the facts and circumstances without any fear, not
only in respect of the offence of which the juvenile is accused, but also in respect of the
home and social surroundings and the influence to which the juvenile might have been
subjected.
(5) The Board may take into account the report of the police containing circumstances
of apprehension and offence alleged to have been committed and the social
investigation report in Form-IV prepared by the Probation officer or the voluntary
organization on the orders of the Board as per Form-III, along with the evidence
produced by the parties for arriving at a conclusion about the juvenile.
(6) Every inquiry by the Board shall be completed within a period of four months after
the first summary inquiry and only in exceptional cases involving trans-national
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criminality, large number of accused and inordinate delay in production of witnesses
the period of inquiry may be extended by two months on recording of reasons by the
Board.
(7) In all other cases except where the nature of alleged offence is serious, delay
beyond four to six months shall lead to the termination of the proceedings.
(8) Where the proceedings are delayed beyond six months on account of serious nature
of the offence alleged to have been committed by the juvenile, the Board shall send a
periodic report of the case to the Chief Judicial Magistrate or Chief Metropolitan
Magistrate stating the reason for delay as well as steps being taken to expedite the
matter.
14. Legal Aid. (1) The proceedings before the Board shall be
conducted in non-adversarial environment, but with due regard to
the fact that the principle of due process guarantees rights such as
right to counsel and free legal aid.
(2) The Board shall ensure that the Legal Officer in the District Child Protection Unit
and the State Legal Aid Services Authority shall extend free legal services to all the
juvenile in conflict with law.
(3) The Legal Officer in the District Child Protection Unit and the State Legal Aid
Services Authority shall be under an obligation to provide legal services sought by the
Board.
(4) In the event of shortfall in the State Legal Aid Services support, the Board shall be
responsible for seeking legal services from recognized voluntary legal services
organizations or the university legal services clinics.
(5) The Board may also deploy the services of the student legal services volunteers and
nongovernmental organisation volunteers in para-legal tasks such as contacting the
parents of juveniles in conflict with law and gathering relevant social and rehabilitative
information about the juveniles.
15. Completion of Inquiry and Dispositional Alternatives. (1) The Board shall
complete every inquiry within the stipulated time of four months and on recording a
finding about juvenile’s involvement in the alleged offence, pass one of the seven
dispositional orders enumerated in section 15 of the Act.
(2) Before passing an order, the Board shall obtain a social investigation report
prepared by the probation officer or by a recognized voluntary organization ordered to
do so by the Board, and take the findings of the report into account.
(3) All dispositional orders passed by the Board shall necessarily include an individual
care plan for the concerned juvenile in conflict with law, prepared by a probation
officer or voluntary organization on the basis of interaction with the juvenile and his
family where possible.
(4) Where the Board decides to release the juvenile after advice and admonition or after
participation in-group counseling or orders him to perform community service,
necessary direction may also be made by the Board to the District or State Child
Protection Unit or the State Government for arranging such individual counselling,
group counseling and community service.
(5) Where the Board decides to release the juvenile in conflict with law on probation
and place him under the care of the parent or guardian or fit person, the person in
whose custody the juvenile is released may be required to submit a written undertaking
in Form-V for the good behaviour and well-being of the juvenile for a maximum
period of three years.
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(6) The Board may order release of a juvenile in conflict with law on execution of a
personal bond without surety in Form VI.
(7) In the event of placement of a juvenile in conflict with law in care of a fit institution
or special home, the Board shall keep in mind that the fit institution or special home is
located nearest to the place of residence of the juvenile’s parent or guardian.
(8) The Board, where it releases a juvenile in conflict with law on probation and places
him under the care of parent or guardian or fit person or where the juvenile is released
on probation and placed under the care of fit institution, may order that the juvenile be
placed under the supervision of a probation officer. The period of supervision shall be a
maximum of three years.
(9) Where the Board decides that a juvenile in conflict with law ought to be treated as a
child in need of care and protection, it shall make necessary orders for production of
such juvenile before the nearest Committee for suitable care, protection and
rehabilitation.
(10) Where it appears to the Board that the juvenile in conflict with law has not
complied with probation conditions, it may order the juvenile to be sent for detention in
a special home.
(11) Where a juvenile in conflict with law who has attained the age of sixteen years and
the offence committed by him is of such a serious nature that in the satisfaction of the
Board, it is neither in the interest of the juvenile himself nor in the interest of other
juveniles of the special home, the Board may order the juvenile to be kept in a place of
safety and in a manner considered most appropriate by it.
(12) The State Government shall make arrangement for complying with the detention
of special category of juveniles in conflict with law in place of safety other than the
special home.
(13) In no case the period of detention shall exceed beyond the maximum period
provided in clause (g) of sub-section (1) of section 15 of the Act.
16. Institutions for juveniles in conflict with law. (1) The State Government or the
voluntary organisation recognized by that State Government shall set up separate
observation homes or special homes for boys and girls.
(2) The observation homes or special homes shall set up separate residential facilities
for boys and girls up to 12 years, 13-15 years and 16 years and above.
(3) Every institution shall keep a copy of the Act, the rules made by the Central
Government and the State rules if any, for use by both staff, juveniles and children
residing therein.
(4) The State Governments in collaboration with civil society shall develop and make
available simplified and child friendly versions of the Act and the rules in regional
languages.
(5) All facilities and services for juveniles in conflict with law shall be made available
and maintained as per the provisions of the Act and the State rules.
17. Release. (1) The Officer-in-charge shall maintain a roster of the cases of juveniles
in conflict with law to be released on the expiry of the period of stay as ordered by the
Board.
(2) Each case shall be placed before the Management Committee set up under rule 55
of these rules by the concerned probation officer or child welfare officer or case worker
for ensuring proper release and social mainstreaming of the juvenile post-release.
(3) The release shall be as per the pre-release and post-release plan prepared under the
individual care plan and reviewed from time to time by the management committee set
up under rule 55 of these rules and in all cases of release, necessary action and
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preparation shall be initiated well before the time of release and shall include
preparation for post-release follow-up.
(4) The timely information of the release of a juvenile and of the exact date of release
shall be given to the parent or guardian and the parent or guardian shall be invited to
come to the institution to take charge of the juvenile on that date.
(5) If necessary, the actual expenses of the parent's or guardian's journey both ways and
of the juvenile's journey from the institution shall be paid to the parent or guardian by
the Officer in-charge at the time of the release of the juvenile.
(6) If the parent or guardian, as the case may be, fails to come and take charge of the
juvenile on the appointed date, the juvenile shall be taken to his parent or
guardian by the escort of the juvenile police unit; and in case of a girl, she
shall be escorted by a female escort, who shall hand over her custody to
her parent/ guardian.
(7) At the time of release or discharge, a juvenile shall be provided with a set of
summer or winter clothing and essential toiletries, if the Officer-in-charge considers it
necessary.
(8) If the juvenile has no parent or guardian, he may be sent to an aftercare
organization, or in the event of his employment, to the person who has undertaken to
employ the juvenile.
(9) The Officer-in-charge of a girls' institution may, subject to the consent of the girl
and the approval of the competent authority, help the girl with her social re-integration
by way of sending a girl above the age of eighteen years to an after care programme or,
helping her with some vocation or gainful employment or, helping her settle into family
life according to the procedure laid down by the competent authority from time to time.
(10) The Officer-in-Charge shall order the discharge in Form-VII of any juvenile
whose detention period has come to an end and inform the competent authority within
seven days of the action taken and if the date of release falls on a Sunday or a public
holiday, the juvenile may be discharged on the preceding day with an entry to that
effect being made in the register of discharge.
(11) The Officer-in-charge shall in appropriate cases, order the payment of subsistence
money, at such rates as may be fixed from time to time, by the State or the District
Child Protection Unit or the State Government, and the railway or road, or both, fares,
as the case may be.
(12) In deserving cases, the Officer-in-charge may provide the juvenile with such small
tools, as may be necessary, to start a work or business subject to such maximum cost as
may be fixed by the institution which shall also form part of the post-release plan.
(13) Where a girl has no place to go after release and requests for stay in the institution
after the period of her stay is over, the Officer-in-charge may, subject to the approval of
the competent authority, allow her stay till the time some other suitable arrangements
are made.
18. Procedure to be followed in respect of sections 21, 22, 23, 24, 25 and 26 of the
Act.
(1) In the event of violation of provisions laid down under section 21 of the Act,-
(a) the Board shall take cognizance of such violation by print or electronic media and
shall initiate necessary inquiry and pass appropriate orders as per provisions contained
in subsection (2) of section 21 of the Act; and
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(b) where the National or the State Commission for Protection of Child Rights takes
suomotu cognizance of violation under section 21 of the Act, it shall inform the District
or the State Child Protection Unit of the concerned district and the State directing them
to initiate necessary action through the Board.
(2) In the event of an escape of a juvenile in conflict with law or a child, the following
action shall be taken within twenty-four hours,-
(a) the Officer-in-Charge of any institution shall immediately send a report to the area
Police Station or Special Juvenile Police Unit along with the details and description of
the juvenile or child, with identification marks and a photograph, with a copy to the
Board, District Child Protection Unit and other authorities concerned;
(b) the Officer-in--charge of institutions other than shelter homes or drop-in-centres
shall send the guards or concerned staff in search of the juvenile, at places like railway
stations, bus stands and other places where the juvenile is likely to go;
(c) the parents or guardians shall be informed immediately about such escape; and
(d) the Officer-in-charge of an institution other than a shelter home or drop-in-centre
shall hold an inquiry about such escape and send his report to the Board or Committee
and the authorities concerned and the report shall be placed before the Management
Committee set up under rule 55 of these rules in the next meeting for review.
(3) The offence against a juvenile in conflict with law or
a child specified in section 23 shall be cognizable and
bailable. When an Officer-in-Charge of an institution
owned and run by the State Government is accused of
an offence under section 23 alleged to have been
committed by him while acting or purporting to act in
the discharge of his official duty, no court shall take
cognizance of such offence nor shall the Officer-in-
Charge be arrested, except with the previous sanction
of the State Government.
(4) The offences against a juvenile in conflict with law
or a child specified in sections 24, 25 and 26 shall be
non-bailable besides being cognizable under the
provisions of the code of Criminal Procedure, 1973 (2
of 1974) and the procedures shall apply on the Police,
the Board and the concerned authorities and
functionaries accordingly.
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CHAPTER - IV
CHILD IN NEED OF CARE AND PROTECTION
19. Child Welfare Committee. There shall be one or more Child Welfare
Committee in the NCT of Delhi which shall be constituted by the State
Government through a notification in the Official Gazette as per sub-section (1) of
section 29 of the Act.
20. Composition of the Child Welfare Committee. (1) The Committee shall consist
of a Chairperson and four other members, of whom at least one shall be a woman.
(2) The Chairperson and members of the Committee shall be appointed on the
recommendation of a Selection Committee set up by the State Government, for the
purpose under rule 91.
(3) The Selection Committee, while selecting the Chairperson and Members of the
Committee, shall ensure that none of them are from any adoption agency or children
institutions.
(4) The State Government shall provide for such training and orientation in child
psychology, child welfare, child rights, national and international standards for juvenile
justice to all members of the Committee as it considers necessary.
21. Tenure of the Committee. (1) The Committee shall have a
tenure of three years and the tenure of Chairperson
and Members shall also be three years from the date of
their appointment.
(2) The Chairperson and Members of the Committee shall be eligible for appointment
for a maximum of two terms.
(3) Extension of the tenure of members of the Committee shall be on the basis of their
performance appraisal by the State Government.
(4) With a view to ensuring continuity on completion of the tenure of a Committee, the
State Government shall constitute a new Committee before the expiry of the term of the
existing Committee; where after the existing Committee shall handover all records and
information to the newly formed Committee.
(5) The Chairperson and Members may resign at any time by giving one month's notice
in writing or may be removed from office as provided in sub-section (4) of section 29
of the Act.
(6) Any casual vacancy in the Committee may be filled by appointment of another
person from the panel of names prepared by the Selection Committee, and shall hold
office for the remaining term of the Committee.
22. Qualifications for Chairperson and Members of the Committee. (1) A person to
be selected as a Chairperson or Member of the Committee shall have either of the
following qualifications, in addition to a minimum of seven years experience in their
respective field:
(i) a person with post graduate degree in social work, psychology, child development,
education, sociology, law, criminology and, where such a person is not available, a
person with at least a graduate degree in any of the social science disciplines;
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(ii) a teacher, doctor or a social worker who has been involved in work concerning
children.
(2) The Chairperson or Member of the Committee shall be a person not less than 35
years of age and not more than 65 years of age at the time of
appointment/extension.
(3) No person shall be considered for Selection as a Chairperson or Member of the
Committee, if he,-
(i) has a previous conviction record;
(ii) has been involved in any immoral act or in an act of child abuse or employment of
child labour;
(iii) is holding such full-time occupation that may not allow him to give necessary time
and attention to the work of the Committee as per the Act and these rules;
(iv) does not fulfill the qualification and experience prescribed in the Act and the rules
made thereunder, and in such a case the Selection Committee shall after due inquiry
and on establishment of such fact, reject his application and recommend the name of
the next person from the list of names prepared for filling the vacancies.
23. Sitting and conveyance allowances. The Chairperson and Members of the
Committee shall be paid such travel and sitting allowance, as the State Government
may determine, but it shall not be less than rupees one thousand per sitting per
member.
24. Sitting of the Committee. (1) The Committee shall hold its sittings in the premises
of the children’s home or, at a place in proximity to the children’s home or, at a suitable
premise in any institution run under the Act.
(2) On receiving information about child or children in need of care and protection, if
circumstances are such that the child or children cannot be produced before the
Committee, the Committee may move out to reach the child or children and hold its
sitting at a place that is convenient for such child or children.
(3) The premises where the Committee holds its sittings shall be child-friendly and
shall not look like a court room in any manner whatsoever; for example, the Committee
shall not sit on a raised platform and the sitting arrangement shall be uniform and there
shall be no witness boxes.
(4) The Committee shall meet five days a week, which may be extended by the State
Government depending on case and pendency of work.
(5) A minimum of three-fourth attendance of the Chairperson and Members of the
Committee is necessary in a year.
(6) Every member of the Committee shall attend a minimum of six hours per sitting
during the official working hours which may be extended by the
State Government depending on pendency of work.
25. Functions and Powers of the Committee. The Committee shall perform the
following functions to achieve the objectives of the Act, namely:-
(a) take cognizance of and receive children produced before the Committee;
(b) decide on the matters brought before the Committee;
(c) reach out to such children in need of care and protection who are not in a position to
be produced before the Committee, being in difficult circumstances, with support from
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the District Child Protection Unit or State Child Protection Unit or the State
Government;
(d) conduct necessary inquiry on all issues relating to and affecting the safety and well
being of the child;
(e) direct the Child Welfare Officers or Probation Officers or non-governmental
organisations to conduct social inquiry and submit a report to the Committee;
(f) ensure necessary care and protection, including immediate shelter;
(g) ensure appropriate rehabilitation and restoration, including passing necessary
directions to parents or guardians or fit persons or fit institutions in this regard, in
addition to follow-up and coordination with District Child Protection Unit or State
Adoption Resource Agency and other agencies;
(h) direct the Officer-in-charge of children’s homes/shelter homes/drop-incentres
to receive children requiring shelter and care;
(i) document and maintain detailed case record along with a case summary of every
case dealt by the Committee;
(j) provide a child-friendly environment for children;
(k) recommend ‘fit institutions’ to the State Government for the care and protection of
children;
(l) declare ‘fit persons’;
(m) declare a child legally free for adoption;
(n) keep information about and take necessary follow-up action in respect of missing
children in their jurisdiction;
(o) maintain liaison with the Board in respect of cases needing care and protection;
(p) visit each institution where children are sent for care and protection or adoption at
least once in three months to review the condition of children in institutions, with
support of the State Government and suggest necessary action;
(q) monitor associations and agencies within their jurisdiction that deal with children in
order to check on the exploitation and abuse of children;
(r) co-ordinate with the Police, Labour Department and other agencies involved in the
care and protection of children with the support of District Child Protection Unit or
State Child Protection Unit or State Government;
(s) liaison and network with the corporate sector and non-governmental organisations
for any of the above, including for social inquiry, restoration and rehabilitation, as and
when required; and
(t) maintain a suggestion box to encourage inputs from children and adults alike and
take necessary action.
26. Procedure in relation to Committee. (1) The quorum for the meeting shall be
three members attending, which may include the Chairperson.
(2) Any decision taken by an individual member, when the Committee is not sitting,
shall require ratification by the Committee in its next sitting.
(3) The Committee shall take into consideration the age, developmental stage, physical
and mental health, opinion of the child and the recommendation of the child welfare
officer or caseworker, prior to disposal of cases.
(4) For final disposal of a case, the order of the Committee shall be signed by at least
two members, including the Chairperson.
27. Production of a Child before the Committee. (1) A child in need of care and
protection shall be produced before the Committee within twenty-four hours, excluding
journey time, by one of the following persons-
(a) any police officer or Special Juvenile Police Unit or a designated police officer;
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(b) any public servant;
(c) childline, a registered voluntary organization or by such other voluntary
organization or an agency as may be recognized by the State Government;
(d) social worker;
(e) any public spirited citizen; or
(f) by the child himself.
(2) Whenever the above mentioned person/s takes charge of
Child in need of care & protection, the information shall be given
to the Police Control Room and Child Line as soon as
possible, giving the details of the child, the situation from which
rescued, the time at which the person took charge of the child
including the place. The person taking charge of the child shall
also give his details like Name, Address and Organizations for
which he is working and other relevant details of members of the
rescue team.
(3) In case of a child under two years of age, who is medically unfit, the person or the
organization shall send a written report along with the photograph of the child to the
Committee within twenty-four hours and produce the child before the Committee as
soon as the child is medically fit along with a medical certificate to that effect.
(4) The Committee can suo motu take cognizance of cases brought to their notice and
reach out to a child in need of care and protection where necessary and the District or
the State Child Protection Unit or the State Government shall provide necessary support
and assistance to the Committee for carrying out such functions.
(5) In case the Committee is not sitting, the child may be produced before the single
member of the Committee as per the provisions laid down under the sub-section (2) of
section 30 of the Act for being placed in safe custody of parent or guardian or fit person
or fit institutions, as the case may be, till such time that the child can be produced
before the Committee.
(6) In case the single member is also not accessible, or that the hours are odd, the child
shall be taken by an non-governmental organisation or Childline or Police to an
appropriate institution for children registered under the Act with all the necessary
documents, and placed in such institution till the time of production before the
Committee.
(7) The concerned institution shall inform the Chairperson or a member of the
Committee about such child and produce the child before the Committee within twenty
four hours and in such cases, it may not be necessary for the person who brings a child
in need of care and protection to an institution to be present at the time of production of
the child before the Committee.
(8) Whoever produces a child before the Committee shall submit a report on the
circumstances under which the child came to their notice and efforts made by them on
informing the police and the missing persons squad and in cases where a recognized
voluntary organization or any police personnel produce a child before the Committee,
they shall also submit a report on the efforts made by them for tracing the family of the
child.
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(9) Any general medical or gynecological examination of children shall not be a prerequisite
for production of the child before the Committee or admission in an
institution.
(10) The Committee shall facilitate the filing of a police complaint and First
Information Report in cases of missing children as well as matters of violence,
exploitation and abuse of children and arrange for required legal aid through the Legal
Officer in the District Child Protection Unit or District or State Legal Aid Services
Authority or voluntary organisations.
(11) Each Committee shall send quarterly information about children in need of care
and protection received by them to the District or State Child Protection Unit or State
Government.
(12) Children shall be provided a child-friendly environment during the proceedings of
the Committee.
(13) The Committee shall have an empanelled list of lawyers, social workers and
mental health expert who may assist the Committee in dealing with cases of abused
children and who may also interface with the Public Prosecutor or Assistant Public
Prosecutor to facilitate legal services to the abused children, when the cases relating to
such children are taken up in regular criminal courts.
(14) Every possible effort shall be made to trace the family with support from the
District Child Protection Unit, and assistance of recognized voluntary organizations,
childline or police may also be taken.
(15) The Committee shall send the child to the designated place of safety, with age and
gender appropriate facilities, pending inquiry and in such eventuality, the District Child
Protection Unit or State Child Protection Unit or State Government shall provide
transport or make necessary budgetary allocations for such expenses based on the
actual fare.
(16) The child may be escorted by the police officer or representative of the voluntary
organization or by any other arrangement as considered appropriate by the Committee
with support from the District Child Protection Unit and in case of a girl child, a female
escort shall accompany the child.
(17) A list of all recognized child care institutions along with their capacity and
appropriate facilities as prescribed under section 34 of the Act, a list of all child related
resource services and a list of contact details of all Child Welfare Committees across
the country shall be provided to the Committee by the District Child Protection Unit or
State Government.
(18) The Committee may, while making an order in Form VIII placing a child under
the care of a parent, guardian or fit person pending inquiry or at the time of restoration,
as the case may be, direct such parent, guardian or fit person to enter into an
undertaking in Form IX.
(19) Whenever the Committee orders a child to be kept in an institution, it shall forward
to the Officer-in-charge of such institution a copy of the order of short term placement
pending inquiry, in Form X with particulars of the home and parents or guardian and
previous record.
(20) Whenever the Committee orders a child to be kept in a fit institution as part of
restoration under clause (f) of sub- section (3) of section 39 of the Act, it shall forward
a copy of its order of restoration in Form XI to the Officer-in-charge of such
institution.
(21) The child shall be placed in an institution closest to where his parents or guardians
belong as far as possible, unless the child has been subjected to abuse or exploitation by
parents or guardians.
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28. Procedure for inquiry. (1) When a child is brought before the Committee, the
Committee shall assign the case to a social worker or caseworker or child welfare
officer or Officer-in-charge as the case may be, of the institution or any recognized
agency for conducting the inquiry through an order in Form-XII.
(2) The Committee shall direct the concerned person or organization about the details
or particulars to be enquired into for developing an individual care plan and suitable
rehabilitation.
(3) All inquiries conducted by a social worker or caseworker or child welfare officer or
Office rin-charge of the institution or any recognized agency shall be as per Form-XIII
and must provide an assessment of the family situation of the child in detail, and
explain in writing whether it will be in the best interest of the child to restore him to his
family.
(4) The inquiry must be completed within four months or within such shorter period as
may be fixed by the Committee: Provided that the Committee may, in the best interest
of the child and for the reasons to be recorded in writing, extend the said period under
special circumstances.
(5) After completion of the inquiry, if, the child is under orders to continue in the
children's home, the Committee shall direct the Officer-in-charge of the home to submit
quarterly progress report of such child and produce the child before the Committee for
an annual review of the progress.
29. Children's Homes. (1) The State Government itself or in association with
voluntary organizations, shall set up separate homes for children in need of care and
protection, in the manner specified below-
(a) all children’s homes shall be registered as child care institutions under sub-section
(3) of section 34 of the Act and rule 71 of these rules;
(b) all children’s homes shall be certified as per the procedure laid down in rule 70;
(c) all children’s homes shall report to the concerned Committee about every child in
need of care and protection received by them;
(d) children of both sexes below ten years may be kept in the same home but separate
facilities shall be maintained for boys and girls in the age group 5 to 10 years;
(e) every children’s home shall include separate facilities for children in the age group
of 0-5 years with appropriate facilities for the infants;
(f) separate children's homes shall be set up for boys and girls in the age group 10 to 18
years;
(g) children in the age group of 10 to 18 shall be further segregated into two groups of
10 to 15 years and 15 to 18 years.
(2) Each children home shall be a comprehensive child care center with the primary
objective to promote an integrated approach to child care by involving the community
and local Non- Governmental Organisations through the Management Committee set
up under rule 55 of these rules and the District Child Protection Unit or State Child
Protection Unit or the State Government shall make an annual performance review of
functioning of the children’s homes.
(3) The activities of such centre shall focus on:
(a) preparing and following individual care plans for every child, with rights based
approach, specifically addressing the child’s physical and mental health, emotional
needs, education, skill development, protection and special needs if any;
(b) family based non-institutional services, such as, foster family care, adoption and
sponsorship;
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(c) specialized services in situations of conflict or disaster and for juvenile or children
affected by terminal or incurable disease to prevent neglect by providing family
counselling, nutrition, health interventions, psycho-social interventions and
sponsorship;
(d) emergency outreach service through childline ( Toll free Help Line No. 1098);
(e) linkages with Integrated Child Development Services to cater to the needs of
children below six years;
(f) linkages with organizations and individuals who can provide support services to
children; and
(g) opportunities to volunteers willing to provide various services for children.
30. Shelter Homes. (1) For children in urgent need of care and protection, such as
street children and run-away children, the State Government shall support creation of
requisite number of shelter homes or drop-in- centres through the voluntary
organizations.
(2) Shelter homes shall include:
(a) short-stay homes for children needing temporary shelter, care and protection for a
maximum period of one year,
(b) transitional homes providing immediate care and protection to a child for a
maximum period of four months,
(c) 24 hour drop-in-centres for children needing day care or night shelter facility.
(3) The shelter homes or drop-in-centres shall have the facilities of boarding and
lodging, besides the provision for fulfillment of basic needs in terms of clothing, food,
health care and nutrition, safe drinking water and sanitation.
(4) There shall be separate shelter homes for girls and boys as per rule 40(2)(d) of these
rules.
(5) All shelter homes shall provide requisite facilities for education, vocational training,
counselling and recreation or make arrangements for it in collaboration with voluntary
organizations or corporate sector.
(6) The Committee, Special Juvenile Police Units, public servants, Childlines,
voluntary organizations, social workers and the children themselves may refer a child
to such shelter homes.
(7) All shelter homes shall submit a report of children using the shelter home facility
along with a photograph of the child to the Committee, the missing persons bureau or
special juvenile police unit and the District Child Protection Unit or the State Child
Protection Unit.
(8) The requirements of producing a child received by a shelter home before the
Committee, inquiry and disposal under sections 32, 33, 38 and 39 of the Act shall apply
only to shelter homes other than drop-in-centres as specified in rule 30(2)(c) of these
rules.
(9) The services of Officer-in-charge, child welfare officer, social worker shall be
provided for the proper care, protection, development, rehabilitation and reintegration
needs of children in shelter homes.
(10) No child shall ordinarily stay in a short stay home for more than a year except in
special circumstances with the approval of the Committee.
31. Guidelines for prevention of sexual abuse of children. The State Government,
the Juvenile Justice Board, the Child Welfare Committee, other competent authorities
and agencies shall, in the best interest of children, ensure that every person, school or
such other educational institutions abide by the guidelines issued from time to time by
Central Government and State Government.
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CHAPTER V
REHABILITATION AND SOCIAL REINTEGRATION
32. Rehabilitation and Social Reintegration. The primary aim of rehabilitation and
social reintegration is to help children in restoring their dignity and self-worth and
mainstreamthem through rehabilitation within the family where possible, or otherwise
through alternate careprogrammes and long-term institutional care shall be of last
resort.
33. Adoption. (1) The primary aim of adoption is to provide a child who cannot be
cared for by his biological parents with a permanent substitute family.
(2) For all matters relating to adoption, the guidelines issued by the Central Adoption
Resource Agency and notified by the Central Government under sub-section (3) of
section 41of the Act, shall apply.
(3) In case of orphaned and abandoned children the following procedure shall apply,
namely:-
(a) Specialized Adoption Agencies shall produce all orphaned and abandoned children
who are to be declared legally free for adoption before the Committee within twentyfour
hours of receiving such children, excluding the time taken for journey;
(b) a child becomes eligible for adoption when the Committee has completed its inquiry
and declares the child legally free for adoption;
(c) such declaration shall be made in Form XIV;
(d) a child must be produced before the Committee at the time of declaring such child
legally free for adoption;
(e) whenever intimation is received by the police about an abandoned infant, the police
shall take charge of the infant and arrange to provide immediate medical assistance and
care;
(f) subsequently, the child shall be placed in a specialized adoption agency or
recognized and certified children’s home or in a pediatric unit of a Government hospital
followed by production of the child before the Committee within twenty-four hours;
(g) procedure for declaring a child abandoned and certifying him legally free for
adoption;
( i ) in case of an abandoned child, the recognized agency shall within twenty four
hours, report and produce the child before the Committee with the copy of the report
filed with the police station in whose jurisdiction the child was found abandoned;
(ii) the Committee will institute a process of inquiry, which shall include a thorough
inquiry conducted by the Probation Officer or Child Welfare Officer, as the case may
be and who shall give report in Form XIII to the Committee containing the findings
within one month;
(iii) there shall be a declaration by the specialized adoption agency, stating that there
has been no claimant for the child even after making notification in at least one leading
national newspaper and one regional language newspaper for children below two years
of age and for children above two years, an additional television or radio announcement
and notification to the missing persons squad or bureau shall be made;
(iv) the steps stated in (iii) shall be taken within a period of sixty days from the time
when the child is found in case of a child below two years of age and in case of
children above two years of age, this period shall be four months;
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(v) the period of notification shall run concurrently with the inquiry to be conducted
and report submitted under clause (ii) of this sub-rule;
(vi) the Committee shall declare the child legally free for adoption on completion of the
process of inquiry, including declaration of the specialized adoption agency made under
clauses (ii) and (iii) of this sub-rule;
(vii) no child above seven years who can understand and express his opinion shall be
declared free for adoption without his consent.
(4) In case of surrendered children the following procedure shall apply, namely:-
(a) a surrendered child is one who had been declared as such after due process of
inquiry by the Committee and in order to be declared legally free for adoption, a
‘surrendered’ child shall be any of the following:
(i) born as a consequence of non-consensual relationship;
(ii) born of an unwed mother or out of wedlock;
(iii) a child in whose case one of the biological parents is dead and the living parent is
incapacitated to take care;
(iv) a child where the parents or guardians are compelled to relinquish him due to
physical, emotional and social factors beyond their control;
(b) serious efforts shall be made by the Committee for counselling the parents,
explaining the consequences of adoption and exploring the possibilities of parents
retaining the child and if, the parents are unwilling to retain, then, such children shall be
kept initially in foster care or arranged for their sponsorship;
(c) if the surrender is inevitable, a deed of surrender in Form XV shall be executed on a
non judicial stamp paper in the presence of the Committee;
(d) the adoption agencies shall wait for completion of two months reconsideration time
given to the biological parent or parents after surrender;
(e) in case of a child surrendered by his biological parent or parents, the document of
surrender shall be executed by the parent or parents before the Committee;
(f) after due inquiry, the Committee shall declare the surrendered child legally free for
adoption in Form XIII as the case may be after a sixty days’ reconsideration period as
per Central Adoption Resource Agency guidelines.
(5) For the purposes of section 41 of the Act, ‘court’ implies a civil court, which has
jurisdiction in matters of adoption and guardianship and may include the court of the
district judge, family courts and city civil court.
34. Foster Care. (1) For children who cannot be placed in adoption, order shall be
issued by the competent authority in form XVII for carrying out foster care, as given in
sub- section (2) of section 42 of the Act under the supervision of a probation officer or
case worker or social worker, as the case may be, and the period of foster care shall
depend on the need of the child.
(2) Role of the Child Welfare Committee
i) To select appropriate voluntary organization/s who
shall assist the committee in all reports about the
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foster care programme including first social
investigation report in form XVI, periodical follow
up reports etc.
ii) To declare fit person for foster placement of the
child.
iii) To send the child to the children home for an initial
period of one month for speedy inquiry.
iv) To order placing of the child in foster care if found
appropriate, in form XVII, initially for a period
upto one year. A copy of the order shall be sent to
the officer incharge of the institution concerned,
voluntary organization, foster parents and the State
Govt.
v) Follow up and supervision of the child with the
foster parents shall be done by the committee at
such intervals as may be prescribed. Form XVI
may be used.
vi) To periodically review the foster care placements
on the basis of any information received by it
including the periodical reports (which should not
be less than four in a year) of a probation officer or
case worker or social worker or voluntary
organization, as the case may be.
vii) On the basis of the aforesaid review and after
giving the foster parents proper opportunity, the
committee may extend the period of foster
placement or may revoke the foster placement of
the child in the foster family, duly explaining the
reasons in its order. The committee may also
consider issuing orders under Section 23 to 28 of
the Act, if necessary.
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viii) To encourage and arrange pre-foster placement
meetings of the foster parents and the child with
appropriate linkage and co-ordination with the
probation officer or case worker or social worker
concerned.
ix) To maintain complete records regarding foster
placements.
x) The child placed in foster care may be encouraged
to spend few days in the children home to relate his
experiences.
xi) To order the Drawing and Disbursing Officer
concerned to release the supplementary
maintenance grant to the foster parents and also the
prescribed fees to the voluntary organizations, as
per the existing norms.
xii) Foster parents who wish to provide long term foster
care for the child may be encouraged legal
guardianship of the child if the committee is
satisfied with the progress of the child in the first
two years of foster placement.
xiii) Siblings, if any, shall be placed together with the
same foster parents.
(3) Engagement of Voluntary Organization
i) Any organization desiring engagement under these rules
shall make an application together with a copy each of
the rules, by laws, articles of association, list of members
of the society or the association running the organization,
office-bearers and a statement showing the status and
past record of specialized child care services provided by
the organization to the Child Welfare Committee who
shall after verifying the capacity of the organization, in
this regard may approve the engagement of the voluntary
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organization under these rules on the condition that the
organization shall always comply with the standards of
services laid down under the Act and the rules framed
thereunder, from time to time.
ii) The voluntary organization shall submit to the Child
Welfare Committee concerned all reports as directed by
the committee in connection with the foster care
placement, in the time prescribed by the committee.
These reports shall give all necessary details including
the points covered in form XVI.
iii) The Child Welfare Committee shall ensure payment of
the prescribed fee to the voluntary organization for all
reports submitted by it, as per directions of the
committee.
(4) Recognition of fit persons for foster placement
i) Any person desiring recognition under these rules as
foster parent shall make an application to the Child
Welfare Committee. He/she shall enclose (with the
application) consent of the other spouse, if any, a
certificate from a registered medical practitioner about
the health condition of all members of his/her family, a
certificate of income from the employer or an affidavit
about the income attested by a magistrate in case of selfemployed
person, a character certificate from a gazetted
officer or recommendations from the local resident
welfare association.
ii) The decision to grant or withdraw the above recognition
shall be taken by the committee after thorough
examination of the reports submitted by the welfare
officer and/ or voluntary organization.
iii) The committee may transfer the custody of a child kept
in foster care from one fit person to another duly
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explaining reasons therefor. The person concerned shall
transfer custody of the child within 48 hours of such
order by the committee, failing which the committee
shall take appropriate action under the law.
iv) The foster parents shall
a) treat the child with love and affection and ensure a
suitable atmosphere conducive to the child overall
growth and development.
b) ensure that the child is provided proper education.
c) allow the visits of biological parents of the child
and respect their views on the child’s care and
development.
d) comply with the directions given by the Child
Welfare Committee and the State Government with
due urgency.
e) attend the Child Welfare Committee whenever
called to discuss the future plan in respect of the
child.
f) submit to the Welfare Officer or the authorized
voluntary organization information about the
child’s health, education, behaviour, conduct and
any such matters concerning the child as may be
required from time to time.
g) return the child to the Child Welfare Committee
whenever so directed by the committee.
h) intimate immediately the welfare officer, Child
Welfare Committee and the voluntary organization
in case the child is seriously ill.
i) intimate about the change of residential address to
the Child Welfare Committee and the voluntary
organization concerned.
j) take written permission of the Child Welfare
Committee before taking the child out of station for
more than a week.
k) Immediately inform the Police and the committee if
the child placed in foster care goes missing.
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35. Criteria for selection of families for foster care. (1) In case of the children
covered under rule 34 of these rules, the following criteria shall apply for selection of
families for foster care, namely:-
(i) foster parents should have stable emotional adjustment within the family;
(ii) foster parents should have an income in which they are able to meet the needs of the
child and are not dependent on the foster care maintenance payment;
(iii) the monthly family income shall be adequate to take care of foster children and
approved by the Committee;
(iv) medical reports of all the members of the family residing in the premises should be
obtained including checks on Human Immuno Deficiency Virus (HIV), Tuberculosis
(TB) and Hepatitis B to determine that they are medically fit;
(v) the foster parents should have experience in child caring and the capacity to provide
good child care;
(vi) the foster parents should be physically, mentally and emotionally stable;
(vii) the home should have adequate space and basic facilities;
(viii) the foster care family should be willing to follow rules laid down including
regular visits to pediatrician, maintenance of child health and their records;
(ix) the family should be willing to sign an agreement and to return the child to the
specialized adoption agency whenever called to do so;
(x) the foster parents should be willing to attend training or orientation programmes;
and
(xi) the foster parents should be willing to take the child for regular (at least once a
month in the case of infants) checkups to a pediatrician approved by the agency.
(xii) Parents who have been residing within NCT of Delhi for at
least 3 years.
(2) There shall be no discrimination in selection of foster-parents on the basis of caste,
religion, ethnic status, disability, or health status and the best interest of the child shall
be paramount in deciding foster-care placement.
(3) The foster parents shall be declared ‘fit persons’ by the Committee before placing
the child as per the provisions laid down in clause (i) of section 2 of the Act after
thorough assessment done by the Child Welfare Officer or Social Worker as per Form
XVI.
36. Pre-adoption Foster Care. In case of pre-adoption foster care, the provisions
contained in sub-section (1) of section 42 and the corresponding guidelines notified
under subsection (3) of section 41 of the Act, shall apply.
37. Sponsorship. (1) The State Government shall prepare sponsorship programme in
consultation with the Non Governmental Organisations, Child Welfare Committees,
other relevant government agencies and the corporate sector.
(2) The State Government, with the help of District or State Child Protection Units
shall identify families and children at risk and provide necessary support services in the
form of sponsorship for child’s education, health, nutrition and other developmental
needs.
(3) The children's homes and special homes shall promote sponsorship programmes as
laid down in section 43 of the Act.
(4) The institutions receiving sponsorship, shall maintain proper and separate accounts
of all the receipts and payments for the programme.
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(5) The Board or the Committee shall make an order in Form XVIII for support to a
juvenile or child through sponsorship and send a copy to the District or State Child
Protection Unit or the State Government for appropriate action.
38. After Care Organisation. (1) The State Government may set up an after care
programme for care of juveniles or children after they leave special homes and
children's homes.
(2) After care programmes may be made available for 18-21 year old persons, who
have been pursuing education or vocational training in the
institutions and have no place to go to or are unable to support
themselves, by the District or State Child Protection Units in collaboration with
voluntary organizations for the purpose of section 44 of the Act and this rule.
(3) Once the Board or the Committee passes an order in Form XIX for placing a
juvenile or a child completing 18 years of age under the after care programme, a copy
of such order shall be sent to the District and the State Child Protection Unit and the
State Government, who shall be responsible for arranging after care.
(4) The Board or the Committee shall have jurisdiction over persons placed in after care
programme.
(5) The objective of these organisations shall be to enable such children to adapt to the
society and during their stay in these transitional homes these children will be
encouraged to move away from an institution-based life to a normal one.
(6) The key components of the programme shall include:-
(a) community group housing on a temporary basis for groups of young persons aged
18-21 years;
(b) encouragement to learn a vocation or gain employment and contribute towards the
rent as well as the running of the home;
(c) encouragement to gradually sustain themselves without state support and move out
of the group home to stay in a place of their own after saving sufficient amount through
their earnings;
(d) provision for a peer counsellor to stay in regular contact with these groups to
discuss their rehabilitation plans and provide creative outlets for their energy and to tide
over crisis periods in their life.
(7) During the course of vocational training a stipend may be provided till such time
that the youth gets employment.
(8) Loans may be arranged for the youth in an after care programme aspiring to set up
entrepreneurial activities on the basis of an application made by them and due
verification of the need for such a loan, and necessary professional advice and training
shall be made available to the youth in the after care programme in this regard.
(9) The structure shall include 6 to 8 youths in each group home who may opt to stay
together on their own and one peer counsellor for a cluster of five group homes.
39. Linkages and co-ordination. (1) The State Government shall circulate a copy of
the Act and the rules framed thereunder to establish effective linkages between various
government, non-government, corporate and other community agencies for facilitating
the rehabilitation and social reintegration of juveniles or children through the Board or
the Committee as the case may be.
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(2) The State Government with the help of State or District Child Protection Unit shall
identify the roles and responsibilities of each department at State or district levels for
effective implementation of the Act and the rules and inform them through a
notification.
(3) The State Government with the help of State or District Child Protection Unit shall
arrange for appropriate training and sensitization of functionaries of these departments
from time to time in coordination with National Institute of Public Cooperation and
Child Development and its Regional Centres.
(4) The State Government with the help of State or District Child Protection Unit shall
develop effective networking and linkages with local non-governmental organisations
for specialized services and technical assistance like vocational training, education,
health care, nutrition, mental health intervention, drug de-addition and legal aid
services.
CHAPTER VI
STANDARDS OF CARE FOR INSTITUTIONS
40. Physical infrastructure. (1) The homes for juveniles in conflict with law and
children in need of care and protection shall function from separate premises which
should be accessible to persons with special needs.
(2) The accommodation in each institution shall be as per the following criteria,
namely:-
(a) Observation Home:
(i) Separate observation homes for girls and boys;
(ii) Classification and segregation of juveniles according to their age group preferably
7-12 years, 13-15years and 16-18 years, giving due consideration to physical and
mental status and the nature of the offence committed.
(b) Special Home:
(i) Separate special homes for girls above the age of 10 years and boys in the age
groups of 11 to 15 and 16 to 18 years;
(ii) Classification and segregation of juveniles on the basis of age and nature of
offences and their mental and physical status
(c) Children’s Home:
(i) While children of both sexes below 10 years can be kept in the same home, separate
bathing and sleeping facilities shall be maintained for boys and girls in the age group of
0-5 years;
(ii) Separate facilities for children in the age group of 0-5 years with appropriate
facilities for infants.
(d) Shelter Home:
(i) Separate shelter homes for girls and boys;
(ii) Separate shelter homes for girls above the age of 10 years and boys in the age
groups of 11 to 15 and 16 to 18 years.
(3) The norms for building or accommodation for an institution with 50 juveniles or
children may be as under:
(i) 2 Dormitories Each 1000 Sq. ft. for 25 juveniles/children i.e.
2000 Sq. ft.
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(ii) 2 Classrooms 300 Sq. ft. for 25 juveniles/children i.e. 600 Sq. ft.
(iii) Sickroom/First aid room 75 Sq. ft. per juvenile/children for 10 i.e. 750 Sq.
ft.
(iv) Kitchen 250 Sq. ft.
(v) Dining Hall 800 Sq. ft.
(vi) Store 250 Sq. ft.
(vii) Recreation room 300 Sq. ft.
(viii) Library 500 Sq. ft.
(ix) 5 bathrooms 25 Sq. ft. each i.e. 125 Sq. ft.
(x) 8 toilets/latrines 25 Sq. ft. each i.e. 200 Sq. ft.
(xi) Office rooms (a) 300 Sq. ft. (b) Superintendent’s room 200 sq.
fit
(xii) Counselling and guidance room 120 Sq. ft.
(xiii) Workshop 1125 Sq. ft. for 15 juvenile @75 Sq. ft. per trainee
(xiv) Residence for Superintendent (a) 2 rooms of 250 Sq. ft. each (b) kitchen 75 Sq.
ft. (c) bathroom -cum-Toilet/latrine 50 Sq. ft
(xv) Play ground Sufficient area according to the total number of
juveniles or children
(4) The Superintendent shall stay within the institution and be provided with quarters and
in case he is not able to stay in the home for legitimate reasons (to be permitted by
Director, Child Protection), any other senior staff member of the institution shall stay in the
institution and be in a position to supervise the overall care of the children or juveniles and,
take decisions in the case of any crisis and emergency.
(5) (i) the standards of accommodation as per the norms laid down in rule 40 (3) shall
be observed to the extent possible and shall include a minimum of following facilities :
(a) Dormitory: 40 Sq. ft. per juvenile or child
(b) Classroom: 300 Sq. ft for 25 juvenile or child
(c) Workshop: 75 Sq. ft. per juvenile or child
(d) Play ground: Sufficient play ground area shall be provided in every institution
according to the total number of juveniles in institution.
(ii) there shall be proper and smooth flooring for preventing accidents.
(iii) there shall be adequate lighting, ventilation, heating and cooling arrangements, safe
drinking water and clean toilets, in terms of gender, age appropriateness and
accessibility to persons with disability.
(iv) all institutions under the Act shall make provision of first aid kit, fire extinguishers
in kitchen, dormitories, store rooms, counselling room, periodic review of electrical
installations, proper storage and inspection of articles of food stuffs, stand-by
arrangements for water storage and emergency lighting.
(6) The Observation homes and special homes shall be child-friendly and in no way
shall they look like a jail or lock-up.
41. Clothing and Bedding. The clothing and bedding shall be as per the scale and
climatic conditions. The requirements of each juvenile or child and the minimum
standards for clothing and bedding are laid down in Schedule-I of these rules.
42. Sanitation and Hygiene. Every institution shall have the following facilities,
namely:-
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(a) sufficient treated drinking water; water filters shall be installed;
(b) sufficient water for bathing and washing clothes, maintenance and cleanliness of
the premises;
(c) proper drainage system;
(d) arrangements for disposal of garbage;
(e) protection from mosquitoes by providing mosquito nets;
(f) annual pest control;
(g) sufficient number of well lit and airy toilets in the proportion of at least one toilet
for seven children;
(h) sufficient number of well lit and airy bathrooms in the proportion of at least one
bath room for ten children;
(i) sufficient space for washing;
(j) clean and fly-proof kitchen and separate area for washing utensils;
(k) sunning of bedding and clothing;
(l) maintenance of cleanliness in the Medical Centre.
43. Daily Routine. (1) Every institution shall have a daily routine for the juveniles or
children developed in consultation with the Children’s Committees, which shall be
prominently displayed at various places within the institution.
(2) The daily routine shall provide, inter alia, for a regulated and disciplined life,
personal hygiene and cleanliness, physical exercise, yoga, educational classes,
vocational training, organized recreation and games, moral education, group activities,
prayer and community singing and special programmes for sundays and holidays.
44. Nutrition and Diet Scale. The following nutrition and diet scale shall be followed
by the institutions, namely:-
(a) the children shall be provided four meals in a day including breakfast;
(b) the menu shall be prepared with the help of a nutritional expert or doctor to ensure
balanced diet and variety in taste as per the minimum nutritional standard and diet scale
set out in Schedule II of these rules;
(c) every institution under this Act shall strictly adhere to the minimum nutritional
standard and diet scale specified in Schedule II;
(d) juveniles or children may be provided special meals on holidays and festivals;
(e) infants and sick juveniles or children shall be provided special diet according to the
advise of the doctor on their dietary requirement.
45. Medical Care. Every institution shall:
(a) maintain a medical record of each juvenile or child on the basis of monthly medical
check-up and provide necessary medical facilities;
(b) ensure that the medical record includes weight and height record, any sickness and
treatment, and other physica1or mental problem;
(c) have arrangement for the medical facilities, including a doctor on call available on
all working days for regular medical check-ups and treatment of juveniles or children;
(d) have sufficient medical equipments to handle minor health problems including first
aid kit with stock of emergency medicines and consumables;
(e) train all staff in handling first aid;
(f) tie-up with local Primary Health Centre, government hospital, medical colleges,
other hospitals, clinical psychologists and psychiatrists and mental health institutes for
regular visits by their doctors and students and for holding periodic health camps within
the institutions;
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(g) make necessary arrangements for the immunization coverage and maintain
proper records in respect thereof;
(h) take preventive measures against out break of contagious or infectious diseases;
(i) set up a system for referral of cases with deteriorating health or serious cases to the
nearest civil hospital or recognised treatment centres;
(j) keep sick children under constant medical supervision;
(k) admit a juvenile or child without insisting on a medical certificate at the time of
admission;
(l) arrange for a medical examination of each juvenile or child admitted in an institution
by the Medical Officer within twenty four hours and in special cases or medical
emergencies immediately;
(m) arrange for a medical examination of the juvenile or child by the Medical Officer at
the time of transfer within twenty four hours before transfer;
(n) not carry out any surgical treatment on any juvenile or child without the previous
consent of his parent or guardian, unless either the parent or guardian cannot be found
and the condition of the juvenile or child is such that any delay shall, in the opinion of
the medical officer, involve unnecessary suffering or injury to the health of the juvenile
or child, or otherwise without obtaining a written consent to this effect from the
Officer-in-charge of the institution;
(o) provide or arrange for regular counselling of every juvenile or child and ensure
specific mental health interventions for those in need of such services, including
separate rooms for counselling sessions within the premises of the institution;
(p) refer such children who require specialized drug abuse prevention and rehabilitation
programme, to an appropriate centre administered by qualified personnel where these
programmes shall be adopted to the age, gender and other specifications of the
concerned child.
46. Mental Health. (1) A mental health record of every juvenile or child shall be
maintained by the concerned institutions.
(2) Both mileu based interventions that is creating an enabling environment for children
and individual therapy are must for every child and shall be provided in all institutions.
Explanation. For the purpose of this sub-rule, mileu based intervention is a process of
recovery, which starts through providing an enabling culture and environment in an
institution so as to ensure that each child’s abilities are discovered and they have
choices and right to take to decisions regarding their life and thus, they develop and
identify beyond their negative experiences and such intervention has a critical
emotional impact on the child.
(3) The environment in an institution shall be free from abuse, allowing juveniles or
children to cope with their situation and regain confidence.
(4) All persons involved in taking care of the juveniles or children in an institution shall
participate in facilitating an enabling environment and work in collaboration with the
therapists.
(5) Individual therapy is a specialized process and each institution shall make
provisions for it as a critical mental health intervention.
(6) Every institution shall have the services of trained counselors or collaboration with
external agencies such as child guidance centres, psychology and psychiatric
departments or similar government and non-governmental agencies, for specialized and
regular individual therapy for every juvenile or child in the institution.
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(7) A mental health care plan shall be developed for every juvenile or child by the child
welfare officers in consultation with mental health experts associated with the
institution and integrated into the individual care plan of the concerned juvenile or
child.
(8) The recommendations of mental health experts shall be maintained in every case
file and integrated into the care plan for every child.
(9) All care plans shall be produced before the Management Committee set up under
rule 55 of these rules every month and before the Child Welfare Committee every
quarter.
(10) No juvenile or child shall be administered medication for mental health problems
without a psychological evaluation and diagnosis by appropriately trained mental health
professionals.
47. Education. (1) Every institution shall provide education to all juveniles or children
according to the age and ability, both inside the institution or outside, as per the
requirement.
(2) There shall be a range of educational opportunities including, mainstream inclusive
schools, bridge school, open schooling, non formal education and learning and input
from special educators where needed.
(3) Wherever necessary, extra coaching shall be made available to school going
children in the institutions by encouraging volunteer services or tying up with coaching
centers.
48. Vocational Training. (a) Every institution shall provide gainful vocational training
to juveniles or children.
(b) The institutions shall develop networking with Institute of Technical Instruction,
Jan Shikshan Sansthan, Government and Private Organization or Enterprises, Agencies
or nongovernmental organisations with expertise or placement agencies.
(c) Superintendent of the Institution shall make reasonable
efforts for placement of children of 16-18 years of age as an
apprentice.
49. Recreation facilities. (1) A provision of guided recreation shall be made available
to all juveniles or children in the institutions.
(2) It shall include indoor and outdoor games, music, television, picnics and outings,
cultural programmes and library.
50. Institutional Management of juveniles or children. (1) The following procedure
shall be followed in respect of the newly admitted juveniles:
(a) receiving and search;
(b) disinfection and storing of juvenile's personal belongings and other valuables;
(c) bath and haircut (unless prohibited by religion);
(d) issue of toiletry items; new set of clothes, bedding and other outfit and equipment
(as per scales);
(e) medical examination and treatment where necessary and in case of every juvenile
suspected to be suffering from contagious or infectious diseases, mental ailments or
addiction;
(f) segregation in specially earmarked dormitories or wards or hospitals in case of a
child suffering from contagious disease requiring special care and caution;
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(g) attending to immediate and urgent needs of the juveniles like appearing in
examinations, interview letter to parents, personal problems and verification by the
Officer-in-charge of age of juvenile as per order of the Board.
(2) Every newly admitted juvenile or child shall be placed under the care of
specific welfare officer or social worker or counselor attached to the institutions
or voluntary social worker or counsellor.
(3) Every newly admitted juvenile shall be familiarized with the institution and its
functioning and shall receive orientation in the following areas:
(a) personal health, hygiene and sanitation;
(b) institutional discipline and standards of behaviour, respect for elders and teachers;
(c) daily routine, peer interaction, optimum use of developmental opportunities; and
(d) rights, responsibilities and obligations within the institution.
(4) The designated officer shall enter the name of the juvenile or child in the Admission
Register and allocate appropriate accommodation facility.
(5) The photograph shall also be taken immediately for records and the case worker or
probation officer or welfare officer shall begin the investigation and correspondence
with the person, the juvenile or child might have named.
(6) The Officer-in-charge shall see that the personal belongings of the juvenile or child
received by the institution is kept in safe custody and recorded in the Personal
Belonging Register and the item must be returned to the juvenile or child when he
leaves the institution.
(7) The girl juvenile or child shall be searched by a female member of the staff, and
with due regard to decency and dignity of the juvenile or child.
(8) The educational level and vocational aptitude of the juvenile admitted, may be
assessed on the basis of test and interview conducted by the teacher, the workshop
supervisor and other technical staff and necessary linkages may also be established with
outside specialists and community-based welfare agencies, psychologist, psychiatrist,
child guidance clinic, hospital and local doctors, open school or Jan Sikshan Sansthan.
(9) A case history of the juvenile or the child admitted to an institution shall be
maintained as per Form XX, which shall contain information regarding his sociocultural
and economic background and these informations may invariably be collected
through all possible and available sources, including home, parents or guardians,
employer, school, friends and community.
(10) A well conceived programme of pre-release planning and follow up of cases
discharged from special homes shall be organized in all institutions in close
collaboration with existing governmental and voluntary welfare organizations.
(11) In the event of a juvenile or child leaving the institution without permission or
committing an offence within the institution, the information shall be sent by the
officer-in-charge of the concerned institution to the police and the family, if known;
and the detailed report of circumstances along with the efforts to trace the juvenile or
child where the juvenile or child is missing, shall be sent to the Board or Committee, as
the case may be.
(12) An individual care plan for every juvenile or child in institutional care shall be
developed with the ultimate aim of the child being rehabilitated and re-integrated based
on their case history, circumstances and individual needs and the individual care plan
shall be based on following guidelines:
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(a) the Officer-in-charge, counsellor along with the child welfare officer or case
worker, or social worker shall prepare an individual care plan for every child in an
institution within one month of his admittance as per Form XXI;
(b) all care plans shall include a plan for the juvenile’s or child’s restoration,
rehabilitation, reintegration and follow-up;
(c) the care plan shall be reviewed quarterly by the Management Committee set up
under rule 55 of these rules for appropriate development and rehabilitation including
options for release or restoration to family or foster care or adoption;
(d) juveniles or children shall be consulted while determining their care plan;
(e) continuity of care plan shall be ensured in cases of transfer or repatriation or
restoration.
51. Prohibited Articles. No person shall bring into the institution the following
prohibited articles, namely:
(a) fire-arms or other weapons, whether requiring license or not (like knife, blades,
lathi, spears and swords);
(b) alcohol and spirit of any description;
(c) bhang, ganja, opium or other narcotic or psychotropic substances;
(d) tobacco; or
(e) any other article specified in this behalf by the State Government by a general or
special order.
52. Articles found on search and inspection. (1) The Officer-in-Charge shall see that
every juvenile received in the institution is searched, his personal belongings inspected
and money or any valuables found with the juvenile is kept in the safe custody of the
Officer-in- Charge.
(2) The girls shall be searched by a female member of the staff and both the girls and
boys shall be searched with due regard to decency and dignity.
(3) In every institution, a record of money, valuables and other articles found with a
juvenile shall be maintained in the "Personal Belongings Register".
(4) The entries made in the Personal Belongings Register, relating to each juvenile,
shall be read over to juvenile in the presence of a witness, whose signature shall be
obtained in token of the correctness of such entries and it shall be countersigned by the
Officer-in-Charge.
53. Disposal of articles. The money or valuables belonging to a juvenile received or
retained in an institution shall be disposed of in the following manner, namely:
(a) on an order made by the competent authority in respect of any juvenile, directing the
juvenile to be sent to an institution, the Officer-in-Charge shall deposit such juvenile's
money together with the sale proceeds in the manner laid down from time to time in the
name of the juvenile;
(b) the juvenile's money shall be kept with the Officer-in-Charge and valuables,
clothing, bedding and other articles, if any, shall be kept in safe custody;
(c) when such juvenile is transferred from one institution to another, all his money,
valuables and other articles, shall be sent along with the juvenile to the Officer-in-
Charge of the institution to which he has been transferred together with a full and
correct statement of the description and estimated value thereof;
(d) at the time of release of such juvenile, the valuables and other articles kept in safe
custody and the money deposited in name of the juvenile shall be handed over to the
parent or guardian, as the case may be, with an entry made in this behalf in the register
and signed by the Officer-in-Charge;
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(e) when a juvenile in an institution dies, the valuable and other articles left by the
deceased and the money deposited in the name of the juvenile shall be handed over by
the Officer-in- Charge to any person who establishes his claim thereto and executes an
indemnity bond;
(f) a receipt shall be obtained from such person for having received such valuables and
other articles and the amount;
(g) if no claimant appears within a period of six months from the date of death or
escape of such juvenile, the valuables and other articles and amount shall be disposed
of as per the decision taken by Management Committee set up under rule 55 of these
rules.
54. Maintenance of case file. (1) The case file of each juvenile and child shall be
maintained in the institution containing the following information:
(a) report of the person or agency who produced the juvenile before the Board;
(b) officer-in-charge’s, probation officer's or child welfare officer’s, counselor’s and
caseworkers reports;
(c) information from previous institution;
(d) report of the initial interaction with the juvenile, information from family members,
relatives, community, friends and miscellaneous information;
(e) source of further information;
(f) observation reports from staff members;
(g) regular health status reports from Medical Officer, drug de-addiction progress
reports, progress reports vis-a-vis psychological counselling or any other mental health
intervention, where applicable;
(h) Intelligence Quotient (I.Q) testing, aptitude testing, educational or vocational tests;
(i) social history;
(j) summary and analysis by case-worker and Officer-in-charge;
(k) instruction regarding training and treatment programme and about special
precautions to be taken;
(l) leave and other privileges granted;
(m) special achievements and violation of rules, if any, ;
(n) quarterly progress report;
(o) individual care plan, including pre-release programme, post release plan and followup
plan as prescribed in Form XXI;
(p) leave of absence or release under supervision;
(q) final discharge;
(r) follow-up reports;
(s) annual photograph;
(t) case history duly filled in prescribed Form XX;
(u) follow-up report of post release cases as per direction of the competent authority if
any; and
(v) remarks.
(2) All the case files maintained by the institutions and the Board or Committee shall,
as far as possible, be computerised and networked so that the data is centrally available
to the State and the District Child Protection Unit and the State Government.
55. Management Committee. (1) Every institution shall have a Management
Committee for the management of the institution and monitoring the progress of every
juvenile and child.
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(2) In order to ensure proper care and treatment as per the individual care plans, a
juvenile or child shall be grouped on the basis of age, nature of offence or kind of care
required, physical and mental health and length of stay order.
(3) The Management Committee shall consist of the following personnel:
District Child Protection Officer (District - Chairperson
Child Protection Unit)
Officer-in-Charge - Member-Secretary
Probation Officer or Child Welfare Officer or Case Worker - Member
Medical Officer - Member
Psychologist or Counsellor - Member
Workshop Supervisor or Instructor in Vocation - Member
Teacher - Member
Social Worker Member of Juvenile Justice Board
or Child Welfare Committee - Member
A juvenile or child representative from each of the Children’s
Committees (on a monthly rotation basis to ensure
representation of juveniles or children from all age groups) - Member
A representative from Senior Citizen
forum and/or Resident Welfare Association -Member/s
One Non-Government Organizaiton
Representative -Member
(4) Where voluntary organizations are involved in providing professional and technical
services like education, vocational training, psychosocial care, mental health
intervention and legal aid, the Management Committee may invite a representative of
such voluntary organizations as a special invitee to the Management Committee
meetings.
(5) (a) The Management Committee shall meet every month to consider and review :
(i) custodial care or care in the institution, housing, area of activity and type of
supervision or interventions required;
(ii) medical facilities and treatment;
(iii) food, water, sanitation and hygiene conditions;
(iv) mental health interventions with the juveniles and children;
(v) individual problems of juveniles and children, provision of legal aid services and
institutional adjustment, leading to the quarterly review of individual care plans;
(vi) vocational training and opportunities for employment;
(vii) education and life skills development programmes;
(viii) social adjustment, recreation, group work activities, guidance and counseling;
(ix) review of progress, adjustment and modification of residential programmes to the
needs of the juveniles and children;
(x) planning post-release or post-restoration rehabilitation programme and follow up for
a period of two years in collaboration with aftercare services;
(xi) pre-release or pre-restoration preparation;
(xii) release or restoration;
(xiii) post release or post-restoration follow-up;
(xiv) minimum standards of care, including infrastructure and services available;
(xv) daily routine;
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(xvi) community participation and voluntarism in the residential life of children such as
education, vocational activities, recreation and hobby;
(xvii) oversee that all registers as required under the Act and rules are maintained by
the institution, check and verify these registers, duly stamped and signed in the monthly
review meetings;
(xviii) matters concerning the Children’s Committees;
(xix) any other matter which the Officer-in-Charge may like to bring up.
(b) The officer-in-charge or child welfare officer shall file a quarterly progress report of
every juvenile or child in the case file and send a copy to the District Child Protection
Unit and Board or Committee, as the case may be.
(6) The Management Committee shall set up a complaint and redress mechanism in
every institution and a Children’s Suggestion Box shall be installed in every institution
at a place easily accessible to juveniles and children away from the office set up and
closer to the residence or rooms or dormitories of the children.
(7) (a) The Children’s Suggestion Box, whose key shall remain in the custody of the
Chairperson of the Management Committee, shall be checked every week by the
Chairperson of the Management Committee or his representative from District Child
Protection Unit, in the presence of the members of the Children’s Committees.
(b) If there is a problem or suggestion that requires immediate attention, the chairperson
of the Management Committee shall call for an emergency meeting of the Management
Committee to discuss and take necessary action.
(c) The quorum for conducting the emergency meetings shall be five members,
including two members of Children’s Committees, Chairperson of the Management
Committee, Member of Committee or the Board as the case may be and the Officer-in-
Charge of the institution.
(d) In the event of a serious allegation or complaint against the Officer-in-Charge of the
institution, he shall not be part of the emergency meeting and another available member
of the Management Committee shall be included in his place.
(e) All suggestions received through the suggestion box and action taken as a result of
the decisions made in the emergency meeting or action required to be taken shall be
placed for discussion and review in the monthly meeting of the Management
Committee.
(8) A Children’s Suggestion Book shall be maintained in every institution where the
complaints and action taken by the Management Committee are duly recorded and such
action and follow up shall be communicated to the Children’s Committees after every
monthly meeting of the Management Committee.
(9) The Board or Committee shall review the Children’s Suggestion Book at least once
in three months.
56. Children’s Committees. (1) Officer-in-Charge of every institution for juveniles or
children shall facilitate the setting up of Children’s Committees for three different age
groups of children, viz., 7-12 years, 13-15 years and 16-18 years and these
Children’s Committees shall be constituted solely by children.
(2) Such Children’s Committee shall be encouraged to participate in following
activities:
(a) improvement of the condition of the institution;
(b) reviewing the standards of care being followed;
(c) preparing daily routine and diet scale;
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(d) developing educational, vocational and recreation plans;
(e) supporting each other in managing crisis;
(f) reporting abuse and exploitation by peers and caregivers;
(g) creative expression of their views through wall papers or newsletters or paintings or
music or theater;
(h) management of institution through the Management Committee.
(3) The Officer-in-Charge shall ensure that the Children’s Committees meet every
month and maintain a register for recording its activities and proceedings, and place it
before the Management Committee in their monthly meetings.
(4) The Officer-in-Charge shall ensure that the Children’s Committees are provided
with essential support and materials including stationary, space and guidance for
effective functioning.
(5) The Officer-in-Charge shall, as far as possible, seek assistance from local voluntary
organization or child participation experts for the setting up and functioning of the
Children’s Committees.
(6) The local voluntary organization or child participation expert shall support the
Children’s Committees in the following:
(a) selecting their leaders;
(b) conducting the monthly meetings;
(c) developing rules for the functioning of Children’s Committees and following it;
(d) maintaining records and Children’s Suggestion Book and other relevant documents;
(e) any other innovative activity.
(7) The Management Committee shall seek a report from the Officer-in-Charge on the
setting up and functioning of the Children’s Committees, review these reports in their
monthly meetings and take necessary action where required.
57. Rewards and Earnings. The rewards to a juvenile or child, at such rates as may be
fixed by the management of the institution from time to time, may be granted by the
Officer-in- Charge as an encouragement to steady work and good behaviour; and at the
time of release, the reward shall be handed over after obtaining a receipt from the
parent or the guardian who comes to take charge of the juvenile or child or juvenile or
child himself.
58. Visits to and communication with juveniles or children. (1) The parents and
relatives of the juveniles or children shall be allowed to visit atleast twice in a
month or in special cases, more frequently at the discretion of the Officer-in-Charge as
per the visiting hours laid down by him, except where parents or relatives or guardian
have been found to be responsible for subjecting the juvenile or child to violence, abuse
and exploitation.
(2) The receipt of letters by the juveniles or children of the institution shall not be
restricted and they shall have freedom to write as many letters as they like at all
reasonable times; and the institution shall ensure that where parents, guardians or
relatives are known, at least one letter is written by the juvenile or children every month
for which the postage shall be provided by the institution.
(3) The Officer-in-Charge may peruse any letter written by or to the juvenile or
children, and may for the reasons that he considers sufficient refuse to deliver or issue
the letter and forward it to the Committee after recording his reasons in a book
maintained for the purpose.
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(4) The Officer-in-Charge shall, in special circumstances or as per orders of the Board
or Committee, allow a juvenile or child to make telephonic communication with his
parents or guardians or relatives.
59. Death of a juvenile or child. On the occurrence of any case of death or suicide in
an institution the procedure to be adopted shall be as under : -
(1) In the event of an unnatural death or suicide of a juvenile or child in an institution it
is imperative for the institution to ensure that an inquest and post-mortem examination
is held at the earliest.
(2) In case of natural death or due to illness of a juvenile or child, the Officer-in-charge
shall obtain a report of the Medical Officer stating the cause of death and a written
intimation about the death shall be given immediately to the State Government,
nearest Police Station, the Board or Committee, the Delhi Commission for Protection
of Child Rights, and National Human Rights Commission (in case of
custodial institutions), any other concerned authority and the parents or
guardians or relatives of the juvenile or child
(3) Whenever a sudden or violent death or death from suicide or accident takes place,
immediate information shall be given by the case-worker or probation officer or
welfare officer to the Officer-in-Charge and the Medical Officer and the Officer-in-
Charge shall immediately inform the nearest police station, Board or Committee and
parents or guardians or relatives of the deceased juvenile or child.
(4) If a juvenile or child dies within twenty four hours of his admission to the
institution, the Officer-in-charge of the institution shall report the matter to the officerin-
charge of the Police Station having jurisdiction and the District Medical Officer or
the nearest Government Hospital and the parents or guardians or relatives of such
juvenile or child without delay.
(5) The Officer-in-charge shall also immediately give intimation to nearest Magistrate
empowered to hold inquests and to the Board or as the case may be the Committee.
(6) The Officer-in-Charge and the Medical Officer at the institution shall record the
circumstances of the death of the child and send a report to the concerned Magistrate,
the Officer-in-charge of the police station having jurisdiction, the Committee and the
District Medical Officer or the nearest government hospital where the dead body of the
juvenile or child is sent for examination, inspection and determination of the cause of
death and the Officer-incharge and the Medical Officer shall also record in writing their
views on the cause of the death if any, and submit it to the concerned Magistrate and
the Officer-in-charge of the police station having jurisdiction.
(7) The officer-in-charge and the Medical Officer shall make themselves available for
any inquiries initiated by the police or the Magistrate concerning the cause of death and
other details regarding such juvenile or child.
(8) As soon as the inquest is held, the body shall be handed over to the parents or
guardian or relatives or, in the absence of any claimant, the last rituals shall be
performed under the supervision of the officer-in-charge in accordance with the known
religion of the juvenile or child.
60. Abuse and exploitation of the juvenile or child. (1) Every institution shall have
systems of ensuring that there is no abuse, neglect and maltreatment and this shall
include the staff being aware of what constitutes abuse, neglect and maltreatment as
well as early indicators of abuse, neglect and maltreatment and how to respond to these.
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(2) In the event of any physical, sexual or emotional abuse, including neglect of
juveniles and children in an institution by those responsible for care and protection,
the following action shall be taken:
(i) the incidence of abuse and exploitation must be reported by any staff member of the
institution immediately to the Officer-in-Charge on receiving such information;
(ii) when an allegation of physical, sexual or emotional abuse comes to the knowledge
of the Officer-in-Charge, a report shall be placed before the Board or Committee,
which in turn, may transfer such a juvenile or child to another
institution or place of safety or fit person and shall order for
special investigation;
(iii) the Board or Committee may direct the local police station or Special Juvenile
Police Unit to register a case, take due cognizance of such occurrences and conduct
necessary investigations;
(iv) the Board or Committee shall take necessary steps to ensure completion of all
inquiry and provide legal aid as well as counselling to the juvenile or child victim;
(v) the Officer-in-charge of the institution shall also inform the chairperson of the
management committee and place a copy of the report of the incident and subsequent
action taken before the management committee in its next meeting;
(vi) in the event of any other crime committed in respect of juveniles or children in
institutions, the Board or Committee shall take cognizance and arrange for necessary
investigation to be carried out by the local police station or Special Juvenile Police
Unit;
(vii) the Board or Committee may consult Children’s Committee setup in each
institution to enquire into the fact of abuse and exploitation as well as seek assistance
from relevant voluntary organizations, child rights experts, mental health experts or
crisis intervention centres in dealing with matters of abuse and exploitation of juveniles
or children in an institution.
61. Juvenile or Child suffering from dangerous diseases or mental health
problems.
(1) When a juvenile or a child placed under the care of a fit person or a fit institution
under the provisions of the Act, is found to be suffering from a disease or physical or
mental health problems requiring prolonged medical treatment, or is found addicted to
a narcotic drug or psychotropic substance, the juvenile or the child may be sent by an
order of the competent authority to an appropriate place for such period as may be
certified by medical officer to be necessary for proper treatment of the juvenile or the
child or for the remainder of the term for which he has to stay.
(2) When the juvenile or the child is cured of the disease or physical or mental health
problems, the competent authority may, if the juvenile or child is still liable to stay,
order the juvenile or the child to be placed back in the care of fit person or institution
from where the juvenile or child was removed for treatment and if the juvenile or the
child is no longer liable to be kept under the care of fit person or institution, the
competent authority may order him to be discharged.
(3) The order of restoration of a juvenile or a child suffering from an infectious or
contagious disease to his parents or guardian shall be based on the principle of best
interest of the juvenile or child, keeping in mind the risk of stigmatization and
discrimination and discontinuation of treatment.
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(4) Where there is no organization either within the jurisdiction of the competent
authority, or nearby District or State for care and protection of juveniles or children
suffering from serious psychiatric or physical disorder and infection, as required under
section 58 of the Act, necessary organization shall be set up by the State Government at
such places, as it may deem fit to cater to the special needs of such juveniles or
children.
62. Leave of absence of a juvenile or child. (1) A juvenile or child in an institution
may be allowed to go on leave of absence or released under supervision for
examination or admission, special occasions like marriage or emergencies like death or
accident or serious illness in the family.
(2) While the leave of absence for short period generally not exceeding seven days
excluding the journey time may be recommended by the Officer-in-charge, but granting
of such leave shall be by the Board or Committee.
(3) The parents or guardian of the juvenile or the Officer-in-charge on behalf of the
juvenile or child may submit an application to the Board or Committee requesting for
relieving the juvenile or child on leave, stating clearly the purpose for the leave and the
period of leave.
(4) While considering the application of leave of absence, the Board or Committee shall
hear the juvenile or child or the parents or guardians of the juvenile or child and if the
Board or Committee considers that granting of such leave is in the interest of the
juvenile or child, appropriate order shall be made and the Board or Committee may call
for a report from the probation officer or child welfare officer in case the preliminary
information gathered from the juvenile or child or concerned parent or guardian is not
sufficient for the purpose.
(5) While issuing orders sanctioning the leave of absence or relieving under
supervision, as the case may be, the competent authority shall mention the period of
leave and the conditions attached to the leave order, and if any of these conditions are
not complied with during the leave period, the juvenile or child may be called back to
the institution.
(6) The parent or guardian shall arrange to escort the juvenile or child from and to the
institution and where this is not possible, the Officer-in-charge may arrange to escort
the juvenile or child to the place of the family and back. In case the parents or guardian
is willing to arrange escort but does not have requisite financial means, the Officer-incharge
shall arrange for the traveling expenses as admissible under the rules.
(7) If the juvenile or child runs away from the family during the leave period, the parent
or guardian is required to inform the Officer-in-charge of the institution immediately,
and try to trace the juvenile or child and if found, the juvenile or child shall be brought
back to the institution immediately.
(8) If the juvenile or child is not found within twenty four hours, the Officer-in-Charge
shall report the matter to the nearest police station and missing person’s bureau, but no
adverse disciplinary action shall be taken against the juvenile or child and procedure
laid down under the Act shall be followed.
(9) If the parent or guardian does not take proper care of the juvenile or child during the
leave period or does not bring the juvenile or child back to the institution within the
stipulated period, such leave may be refused on later occasions.
(10) If the juvenile or child does not return to the institution on expiry of the sanctioned
leave, the Board or Committee shall refer the case to police for taking charge of the
juvenile and bring him back to the institution.
(11) The period of such leave shall be counted as a part of the period of stay in the
institution and the time which elapses after the failure of a juvenile to return to the
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institution within the stipulated period, shall be excluded while computing the period of
his stay in the institution.
63. Inspection. (1) The State Government shall constitute State, District or city level
inspection committee.
(2) The inspection committees shall visit and oversee the conditions in the institutions
and appropriateness of the processes for safety, well being and permanence, review the
standards of care and protection being followed by the institutions, look out for any
incidence of violation of child rights, look into the functioning of the Management
Committee and Children’s Committee set up under rules 55 and 56 of these rules and
give appropriate directions.
(3) The team shall also make suggestions for improvement and development of the
institution.
(4) The team shall consist of a minimum of five members with representation from the
State Government, the Board or Committee, the Delhi Commission for the Protection
of Child Rights or the State Human Rights Commission, medical and other experts,
voluntary organizations and reputed social workers.
(5) The inspection shall be carried out at least once in every three months.
(6) The inspection visit shall be carried out by not less than three members.
(7) The team may visit the institutions either by prior intimation or make a surprise
visit.
(8) The team shall interact with the children during the visits to the institution, to
determine their well-being and uninhibited feed back.
(9) The follow up action on the findings and suggestion of the children shall be taken
by all concerned authorities.
(10) The action taken report, findings and suggestions from the Inspection Committee
shall be sent to the District Child Protection Unit and the State Government.
64. Social Audit. (1) The State Government shall monitor and evaluate the
implementation of the Act annually by reviewing matters concerning establishment of
Board or Committee or Special Juvenile Police Unit where required, functioning of
Board or Committee or Special Juvenile Police Unit, functioning of institutions and
staff, functioning of adoption agencies, child friendly administration of juvenile justice
and any other matter concerning effective implementation of the Act in the State.
(2) The social audit shall be carried out with support and involvement of organizations
working in the field of mental health, child care and protection and public
accountability.
65. Restoration and Follow-up. (1) The order for restoration of the juvenile or child
shall be made by the Board or Committee on the basis of a fair hearing of the juvenile
or child and his parents or guardian, as well as on the reports of the Probation Officers
or Child Welfare Officers or non-governmental organisations directed by the Board or
Committee to conduct the home study and any other relevant document or report
brought before the Board or Committee for deciding the matter.
(2) The Board or Committee shall send a copy of the restoration order along with a
copy of the order for escort as per Form XXII to the District Child Protection Unit or
State Government who shall provide funds for restoration of the juvenile or child.
(3) Every restoration shall be planned for as part of the individual care plans prepared
by the case-workers or counsellors or child welfare officers or probation officer, as the
case may be.
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(4) Besides police, the Board or Committee may seek collaboration with nongovernmental
organisations to accompany juveniles or children back to their family for
restoration.
(5) In case of girls, the juvenile or child shall necessarily be accompanied by female
escorts.
(6) The expenses incurred on restoration of a juvenile or child, including travel and
other incidental expenses, shall be borne by the District Child Protection Unit or State
Government, if directed by the competent authority.
(7) When a juvenile or child expresses his unwillingness to be restored back to the
family, the Board or Committee shall make a note of it in its records in writing and
such juvenile or child shall not be coerced or persuaded to go back to the family,
particularly if the social investigation report of the child welfare officer or probation
officer establishes that restoration to family may not be in the best interest of the
juvenile or child or, if the parents or guardians refuse to accept the juvenile or child
back.
(8) A follow-up plan shall be prepared as part of the individual care plans by the Child
Welfare Officers or Probation Officers or non-governmental organisations assigned by
the Board or Committee to assist in restoration of the child.
(9) A quarterly follow-up report shall be submitted to the Board or Committee by the
concerned Child Welfare Officer or Probation Officer or non-governmental
organisation for a period of two years with a copy to the officer-in-charge of the
institution from where the juvenile or child is restored.
(10) The follow-up report shall clearly state the situation of the juvenile or child post
restoration and the juvenile’s or child’s needs to be met by the State Government in
order to reduce further vulnerability of the juvenile or child.
(11) The officer-in-charge shall file the follow-up report in the case-file of the juvenile
or child and place the report before the management committee set up under rule 55 of
these rules in its next meeting.
(12) The officer-in-charge shall also send a copy of the follow-up reports to the District
Child Protection Unit.
(13) Where a follow-up is not possible due to unavailability of government
functionaries or nongovernmental organisations, the concerned District Child
Protection Unit shall provide necessary assistance and support to the concerned Board
or Committee.
66. Visitor's Book. (1) A Visitor's Book shall be maintained, in every institution, in
which the person visiting the home shall record the date of his visit with remarks or
suggestions, which he may think proper.
(2) The Officer- in-charge shall forward a copy of every such entry to the District Child
Protection Unit or State Government, with such remarks as he may desire to offer in
explanation or otherwise; and thereon, the designated authority shall issue such orders
as he may consider necessary.
67. Maintenance of Registers. The Officer- in-charge shall maintain in his office, such
registers and forms, as required by the Act and as specified by these rules made there
under and the list of registers or files or books to be maintained shall minimally
comprise of:
(a) Admission and discharge register;
(b) Supervision register;
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(c) Medical file or medical report;
(d) Nutrition diet file;
(e) Stock register;
(f) Log book;
(g) Order book;
(h) Meeting book;
(i) Cash book;
(j) Budget statement file;
(k) Inquiry report file;
(l) Individual case file with individual care plan;
(m) Children’s Suggestion book;
(n) Visitor’s book;
(o) Staff movement register;
(p) Personal belongings register;
(q) Minutes register of Management Committee;
( r) Minutes register of Children’s Committees; and
(s) Attendance register for staff and juveniles or children.
68. Personnel or Staff of a Home. (1) The personnel strength of a home shall be
determined according to the duty, posts, hours of duty per day and category of children
that the staff is meant to cater to.
(2) The institutional organizational set up shall be fixed in accordance with the size of
the home, the capacity, workload, distribution of functions and requirements of
programmes.
(3) The whole-time staff in a home may consist of Officer-in-charge, Probation Officer
(in case of Observation home or Special home), Case Workers (in case of Children's
home or shelter home or after care organization), Child Welfare Officers, Counselor,
Educator, Vocational Training Instructor, Medical Staff, Administrative staff, Care
Takers, house father and house mother, child mentors, volunteers, store keeper, cook,
helper, washerman, safai karamchari, gardener as required.
(4) The part-time staff, shall include Psychiatrist, Psychologist, Occupational therapist,
and other professionals as may be required by time to time.
(5) The staff of the home shall be subject to control and overall supervision of the
Officer-incharge who by order, shall determine their specific responsibilities and shall
keep the concerned authority informed of such orders made by him from time to time.
(6) The duties and responsibilities of the staff under the Officer-in-charge shall be fixed
in keeping with the statutory requirements of the Act.
(7) The Officer-in-charge or such other staff who may be required, shall be
available in the premises of the home.
(8) The number of posts in each category of staff shall be fixed on the basis of capacity
of the institution; and the staff shall be appointed in accordance with the educational
qualifications, training and experience required for each category.
(9) The suggested staffing pattern for an institution with a capacity of 100 juveniles or
children could be as mentioned below:
S. No. Staff/Personnel
No. of Posts
(1) Officer-in-Charge (Superintendent) 1
(2) Counsellor 1
(3) Probation Officer or Welfare Officer 3
(4) House Mother or House Father 4
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(shift duty)
(5) Educator 2 (voluntary or part time)
(6) Doctor 1 (voluntary or part time)
(7) Paramedical staff 1
(8) L.D.C. + U. D.C 2
(9) Art & Craft cum Music Teacher 1 (part time)
(10) Care Taker or Ayahs 10
(11) PT Instructor cum Yoga Trainer 1 (part time)
(12) Driver 1
(13) Cook 2
(14) Helper 2
(15) Housekeeping 2
(16) Gardner 1 (part time)
(10) The number of posts in the category of counsellor, case worker or probation
officer, house father or house mother, educator, and vocational instructor may
proportionally increase with the increase in the capacity of the institution.
(11) In case of institutions housing infants or children upto 12 years of age
or physically or mentally challenged ones, provision for ayahs and
paramedical staff shall be made as per the need.
CHAPTER VII
MISCELLANEOUS
69. Recognition of fit persons or fit institution. (1) Any individual who is willing
temporarily to receive a juvenile or child in need of care, protection or treatment for a
period as may be necessary, may be recognized by the competent authority as a fit
person after due verification of their credentials and reputation.
(2) Any suitable place or institution, the manager of which is willing temporarily to
receive a juvenile or child in need of care and protection for a period as may be
necessary, may be recognized by the State Government as a fit institution on the
recommendation of the competent authority.
(3) An institution recognized as a fit institutions shall,
(a) meet the standards of care laid down in the Act and the rules made thereunder;
(b) have the capacity and willingness to meet the standards of care laid down in the Act
and the rules;
(c) receive and provide basic services for care and protection of the juveniles and
children;
(d) prevent subjection of juvenile or child to any form of cruelty or exploitation or
neglect; and
(e) abide by the orders of the competent authority.
(4) A list of fit institutions approved by the State Government shall be kept in the office
of the Board and the Committee.
(5) A fit institution with collateral branches may send the juvenile or child placed
therein by an order of the competent authority to any of its branches after seeking
permission from the competent authority.
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(6) Before declaring any person as a fit person or recommending an institution as a fit
institution, the competent authority shall hold due enquiry and only on being satisfied,
recognition shall be given.
70. Registration under the Act. (1) All institutions and organisations running
institutional or non-institutional care services for children in need of care and
protection, whether run by the government or voluntary organization, shall get
themselves registered under sub-section (3) of section 34 of the Act.
(2) All such institutions shall make an application together with a copy each of rules,
bye-laws, memorandum of association, list of governing body, office bearers, balance
sheet of past three years, statement of past record of social or public service provided
by the institution or organization to the State Government (along with the copy
to the competent authority) who shall after verifying that provisions made in
the institution or organization for the care and protection of children, health, education,
boarding and lodging facilities, if any, vocational facilities and scope of rehabilitation,
may issue a registration certificate to such organization under sub-section (3) of section
34 of the Act and as per this rule.
71. Certification or recognition and transfer of Management of Institutions and
after care organizations. (1) Any organization requiring certification under the Act
shall make an application together with a copy each of the rules, bye-laws articles of
association, list of members of the society or the association running the organization,
office bearers and a statement showing the status and past record of specialized
childcare services provided by the organization, to the State Government along with
a copy to the competent authority. The State Government shall after
verifying the provisions made in the organization for the boarding and lodging, general
health, educational facilities, vocational training and treatment services may grant
certification or recognition for a maximum period of 3 years at a time,
(subject to annual review), under sections 8, 9, 34, 37, 55 41 and 44 of the
Act, as the case may be, on the condition that the organization shall comply with the
standards or services as laid down under the Act and the rules framed their under, from
time to time and to ensure an all round growth and development of juvenile or child
placed under its charge.
(2) The competent authority within a month of the receipt of the
application shall after due inquiry, recommend or advise otherwise the
State Government for such recognition.
(3) The State Government may, transfer the management of any State run institution
under the Act to a voluntary organization of repute, who has the capacity to run such an
institution; and certify or recognize the said voluntary organization as a fit institution to
own the requisite responsibilities under a Memorandum of Understanding for a
specified period of time.
(4) The State Government may, if dissatisfied with the conditions, rules, management
of the organization certified or recognized under the Act, at any time, by notice served
on the manager of the organization, declare that the certificate or recognition of the
organization, as the case may be, shall stand withdrawn as from a date specified in the
notice and from the said date, the organization shall cease to be an organization
certified or recognised under sections 8, 9, 34, 37,41 or 44 of the Act, as the case may
be:
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Provided that the concerned organization shall be given an opportunity of making a
representation in writing, within a period of thirty days, against the grounds of
withdrawal of certificate or recognition of that organization.
(5) The decision to withdraw or to restore the certificate or recognition of the
organization may be taken, on the basis of a thorough investigation by a specially
constituted advisory board under section 62 of the Act.
(6) When an organization ceases to be an organization, certified or recognised under
sections 8, 9, 34, 37,41 or 44 of the Act, the juvenile or the child kept therein shall, be
transferred to some other institution of repute, certified or recognized under sections 8,
9, 34, 37,41 or 44 of the Act or discharged, in accordance with the provisions of the Act
and the rules relating to their discharge and transfer by giving intimation of such
discharge or transfer to the Board or the Committee, as the case may be.
72. Grant in aid to certified or recognized organization. (1) An organization
certified or recognized under sections 8, 9, 34, 37 or 44 of the Act, may during the
period when certification or recognition is in force, may apply for grants-in-aid by the
State Government, for the maintenance of juvenile or child received by them under the
provisions of the Act; and for expenses incurred on their education, treatment,
vocational training, development and rehabilitation.
(2) The grants-in-aid may be admissible, at such rates, which shall be sufficient to meet
the prescribed norms, in such manner and subject to such conditions as may be
mutually agreed to by both the parties.
(3) In case of transfer of management of government run homes under sections 8, 9, 34,
subsection (3) of section 34, 37 or 44 of the Act to a voluntary organization, funds
shall be given to the voluntary organization as grant-in-aid as per the
Memorandum of Understanding signed between both the parties.
73. Admission of outsiders. (1) No stranger shall be admitted to the premises of the
institution, except with the permission of the Officer- in-charge or on an order from the
Board or Committee.
(2) In special cases, where parents or guardians have travelled a long distance from
another state or district, the Officer-in-Charge shall allow parents or guardians entry
into the premises and a meeting with their children, provided they possess proper
identification and are not reported to have subjected the juvenile or child to abuse and
exploitation.
74. Identity Photos. (1) On admission to a home established under the Act, every
juvenile or child shall be photographed
(2) One photograph shall be kept in the case file of the juvenile or the child, one shall
be fixed with the index card, a copy shall be kept in an album serially numbered with
the negative in another album, and a copy of the photograph shall be sent to the Board
or Committee as case may be, as well as to the district or State Child Protection Unit.
(3) In case of a child missing from an institution or in case of lost children received by
an institution, a photograph of the child with relevant details shall be sent to the missing
person’s bureau and the local police station.
75. Police Officers to be in plain clothes. While dealing with a juvenile or a child
under the provisions of the Act and the rules made thereunder, except at the time of
arrest, the Police Officer shall wear plain clothes and not the police uniform.
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76. Prohibition on the use of handcuffs and fetters. No child or the juvenile in
conflict with law dealt with under the provisions of the Act and the rules made there
under shall be handcuffed or fettered.
77. Procedure to be followed by a Magistrate not empowered under the Act.
(1) When any juvenile or child is produced before a Magistrate other than Board or
Committee, and the Magistrate is of the opinion that such person is a juvenile or child,
he shall record his reasons and send the juvenile or child to the appropriate competent
authority.
(2) In case of a juvenile produced before a Magistrate not empowered under this Act,
such Magistrate shall direct the case to be transferred to the Board for inquiry and
disposal.
(3) In case of a child in need of care and protection produced as a victim of a crime
before a Magistrate not empowered under the Act, such Magistrate shall transfer the
matter concerning care and protection, rehabilitation and restoration of the child to the
appropriate Committee.
78. Transfer. (1) During the inquiry, if it is found that the juvenile or child hails from a
place outside the jurisdiction of the Board or Committee, the Board or Committee shall
order the transfer of the juvenile or child and send a copy of the order to the State
Government or State or District Child Protection Unit. Provided that:
(i) such transfer is in the best interest of the juvenile or child;
(ii) no child shall be transferred or proposed to be transferred only on the ground that
the child has created problems or, has become difficult to be managed in the existing
institution or, is suffering from a chronic or terminal illness or, on account of disability;
(iii) such transfer shall only take place after the completion of evidence and cross
examination that may be required in a legal proceeding involving a juvenile or child;
and
(iv) the reasons for and circumstances of such transfer are recorded in writing.
(2) The State Government or State or District Child Protection Unit shall accordingly:
(i) send the information of transfer to the appropriate competent authority having
jurisdiction over the area where the child is ordered to be transferred by the Board or
Committee; and
(ii) send a copy of the information to the Officer-in-charge of the institution where the
child is placed for care and protection at the time of the transfer order.
(3) On receipt of copy of the information from the State Government or State or
District Child Protection Unit, the Officer-in-charge shall arrange to escort the child at
government expenses to the place or person as specified in the order.
(4) On such transfer, case file and records of the juvenile or child shall be sent along
with the juvenile or child.
79. Procedure for sending a juvenile or child outside the jurisdiction of the
competent authority. (1) In the case of a juvenile or a child whose ordinary place of
residence lies outside the jurisdiction of the competent authority, and if the competent
authority considers it necessary to take action under section 50 of the Act, it shall direct
a probation officer or case worker or child welfare officer, as the case may be, to make
enquiries as to the fitness and willingness of the relative or other person to receive the
juvenile or the child at the ordinary place of residence, and whether such relative or
other fit person can exercise proper care and control over the juvenile or the child.
(2) Where a juvenile or child is ordered to be sent to the ordinary place of residence or
to a relative or fit person, execution of a bond by the juvenile or child without any
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surety, in Form VI, is necessary along with an undertaking by the said relative or fit
person in Form V or IX as the case may be.
(3) Any breach of a bond or undertaking or of both given under sub-rule (2) of this rule,
shall render the juvenile liable to be brought before the competent authority, who may
make an order directing the juvenile to be sent to an institution home.
(4) Any juvenile or a child, who is a foreign national and who has lost contact with his
family shall also be entitled for protection.
(5) The juvenile or the child, who is a foreign national, shall be repatriated, at the
earliest, to the country of his origin in co-ordination with the respective Embassy or
High Commission.
(6) The Board or Committee shall keep the Ministry of External Affairs informed about
repatriation of every juvenile or child of foreign nationality carried out on the orders of
the Board or Committee.
(7) A copy of the order passed by the competent authority under section 50 of the Act
shall be sent to-
(a) the probation officer or child welfare officer who was directed to submit a report
under sub-rule (1) of this rule;
(b) the probation officer or child welfare officer, if any, having jurisdiction over the
place where the juvenile or the child is to be sent;
(c) the competent authority having jurisdiction over the place where the juvenile or the
child is to be sent; and
(d) the relative or the person who is to receive the juvenile or the child.
(e) the approved escort by fax or any other instantaneons
mode of communication.
(8) During the pendency of the order under sub-rule (6) of this rule, the juvenile or the
child shall be sent by the competent authority to an observation home or children’s
home as the case may be.
(9) Where the competent authority considers it expedient to send the juvenile or the
child back to his ordinary place of residence under section 50, the competent authority
shall inform the relative or the fit person, who is to receive the juvenile or the child
accordingly; and shall invite the said relative or fit person to come to the home, to take
charge of the juvenile or the child on such date, as may be specified by the competent
authority.
(10) The competent authority inviting the said relative or fit person under sub-rule (8)
of this rule may also direct, if necessary, the payment to be made by the Officer-incharge
of the home, of the actual expenses of the relative or fit person’s journey both
ways, by the appropriate class and the juvenile’s or child’s journey from the home to
his ordinary place of residence, at the time of sending the juvenile or the child.
(11) If the relative or the fit person fails to come to take charge of the juvenile or the
child on the specified date, the juvenile or the child shall be taken to his ordinary place
of residence by the escort as decided by the competent authority and in the
case of a girl, at least one escort shall be a female.
80. State Child Protection Unit. The specific functions of the State Child Protection
Unit shall include:
(a) implementation of the Act and supervision and monitoring of agencies and
institutions under the Act;
(b) set up, support and monitor the District Child Protection Units;
(c) represent State Child Protection Unit as a member in the Selection Committee for
appointment of members of Boards or Committees;
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(d) make necessary funds available to the District Child Protection Units for providing
or setting up required facilities to implementation the Act;
(e) network and coordinate with all government departments to build inter-sectoral
linkages on child protection issues, including Departments of Health, Education, Social
Welfare, Urban Basic Services, Backward Classes & Minorities, Youth Services,
Police, Judiciary, Labour, State AIDS Control Society, among others;
(f) network and coordinate with civil society organizations working for the effective
implementation of the Act;
(g) training and capacity building of all personnel (Government and Non-government)
working under the Act;
(h) establish Minimum Standards of Care and ensure its implementation in all
institutions set up under the Act;
(i) review of the functioning of Committees; and
(j) all other functions necessary for effective implementation of the Act.
81. District Child Protection Unit. (1) The District Child Protection Unit shall
coordinate and implement all child rights and protection activities at district level.
(2) The specific functions of the District Child Protection Unit shall include:
(a) ensure effective implementation of the Act at district or city levels by supporting
creation of adequate infrastructure, such as, setting up Boards, Committees, Special
Juvenile Police Units and homes in each districts;
(b) identify families at risk and children in need of care and protection;
(c) assess the number of children in difficult circumstances and creating districtspecific
databases to monitor trends and patterns of children in difficult circumstances;
(d) periodic and regular mapping of all child related services at district for creating a
resource directory and making the information available to the Committees and Boards
from time to time;
(e) implement family based non-institutional services including sponsorship, foster
care, adoption and after care;
(f) ensure setting up of District, Block and Village level Child Protection Committees
for effective implementation of programmes as well as discharge of its functions;
(g) facilitate transfer of children at all levels for either their restoration to their families
or placing the child in long or short-term rehabilitation through institutionalization,
adoption, foster care and sponsorship;
(h) supporting State Adoption Resource Agency in implementation of family based
non-institutional services at district level;
(i) network and coordinate with all government departments to build inter-sectoral
linkages on child protection issues, including Departments of Health, Education, Social
Welfare, Urban Basic Services, Backward Classes & Minorities, Youth Services,
Police, Judiciary, Labour, State AIDS Control Society, among others;
(j) network and coordinate with civil society organizations working under the Act;
(k) develop parameters and tools for effective monitoring and supervision of agencies
and institutions in the district in consultation with experts in child welfare;
(l) supervise and monitor all institutions or agencies providing residential facilities to
children in district;
(m) train and build capacity of all personnel (Government and Non-government)
implementing the Act to provide effective services to children;
(n) organize quarterly meeting with all stakeholders at district level including
CHILDLINE, Specialized Adoption Agencies, Officer-in-charges of homes, nongovernmental
organizations and members of public to review the progress and
implementation of the Act; and
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(o) liaison with the State Child Protection Unit, State Adoption Resource Agency at
State level and District Child Protection Units of other districts.
82. Setting of the Child Welfare Committee. (1) The State Government shall set up
by notification in Official Gazette one or more Child Welfare Committees under
section 29 of the Act in the NCT of Delhi with requisite infrastructure,
personnel, and finances for smooth running, as listed below:
(a) the infrastructure may consist of a sitting hall, a separate room for the Committee,
room for office staff, waiting room for children, waiting room for parents or guardian,
room for personal interaction between the child or parents and the Committee, a record
room, safe drinking water facility and toilets;
(b) the State Government shall provide necessary human resource support for every
Committee, including welfare officer, steno-typist or computer operator, peon, safai
karamchari.
(2) The allowances of the Chairperson and Members shall be disbursed by the District
Child Protection Unit or State Government as per rule 23 of these rules.
83. Setting up of Juvenile Justice Board. The State Government shall set up by
notification in Official Gazette one or more Juvenile Justice Board in the NCT
of Delhi, with requisite infrastructure, personnel, besides the Principal Magistrate
and Members and Finances as listed below:
(1) Infrastructure may consist of a Board Room, waiting room for children, a room for
Principal Magistrate and Members, a record room, room for Probation Officers, waiting
room for parents and visitors, safe drinking water facility and toilets.
(2) The State Government shall provide necessary human resource support for every
Board, including probation officer, steno-typist or computer operator, peon, safai
karamchari.
84. Special Juvenile Police Unit. (1) The State Government shall appoint a Special
Juvenile Police Unit at the District level within four months of the notification of these
rules and the unit shall consist of a juvenile or child welfare officer of the rank of police
inspector and two paid social workers having experience of working in the field of
child welfare, of whom one shall be a woman.
(2) The District Child Protection Unit or the State Government shall provide services of
its two social workers to the Special Juvenile Police Unit for discharging their duties.
(3) The juvenile or child welfare officer at the police station shall be a person with
aptitude and appropriate training and orientation to handle the cases of juveniles or
children in terms of the provisions of the Act.
(4) The transfer and posting of the designated Juvenile or Child Welfare Officer shall
be within the Special Juvenile Police Units of other police stations or district unit,
unless there is an exceptional case of promotion and in such cases, other police officer
must be designated and deputed in the unit so that there is no shortfall.
(5) Special Juvenile Police Unit at district level shall coordinate and function as a
watch-dog for providing legal protection against all kinds of cruelty, abuse and
exploitation of child or juvenile.
(6) The unit shall take serious cognizance of adult perpetrators of crimes against
children and see to it that they are without delay apprehended and booked under the
appropriate provisions of the law and for this purpose the district level units shall
maintain liaison with other units of police station.
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(7) The Special Juvenile Police Units shall seek assistance from the voluntary
organizations, panchayats and gramsabhas or Resident Welfare Associations in
identifying juveniles in conflict with law as well as reporting cases of violence against
children, child neglect and child abuse.
(8) The Special Juvenile Police Units shall particularly seek assistance from voluntary
organizations recognized as protection agencies by the State Government for the
purpose of assisting Special Juvenile Police Units and local police stations at the time
of apprehension, in preparation of necessary reports, for taking charge of juveniles until
production and at the time of production before the Board as per rule 11 (12) of these
rules.
(9) The Deputy Commissioner of Police in a district shall head the Special
Juvenile Police Unit and oversee its functioning from time to time.
(10) A Nodal Officer from Police not less than the rank of Joint Commissioner
of Police shall be designated to coordinate and upgrade role of police on all issues
pertaining to care and protection of children or juveniles under Act.
(11) Any police officer found guilty, after due inquiry, of torturing a child, mentally or
physically, shall be liable to be removed from service, besides being prosecuted for the
offence.
85. Honorary or Voluntary Welfare Officers and Probation Officers. To augment
the existing probation service, honorary or voluntary welfare officers and probation
officers may be appointed from the voluntary organization and social workers found fit
for the purpose by the competent authority and their services may also be co-opted into
the implementation machinery by the orders of the competent authority.
86. Duties of the Officer-in-Charge of an institution. (1) The Officer-in-charge shall
have the primary responsibility of maintaining the institution and shall stay within the
institutional premises to be readily available as and when required by the juveniles or
children and the staff and in case where an accommodation is not available within the
institutional premises, the Officer-in-charge shall stay at a place in close proximity to
the institution till such time that such an accommodation is made available within the
institution.
(2) The general duties and functions of the Officer-in-charge shall include:
(a) compliance with provisions of the Act and the rules and orders made thereunder;
(b) compliance with the orders of the Board or Committee;
(c) providing homely atmosphere of love, affection, care, development and welfare for
juveniles or children;
(d) maintaining minimum standards of care in the institution;
(e) proper maintenance of buildings and premises;
(f) security measures and periodical inspection, including daily inspection and rounds
of the institution, proper storage and inspection of food stuffs as well as food being
served;
(g) supervision and monitoring of juveniles' or children’s discipline and well being;
(h) planning implementation and coordination of all institutional activities, programmes
and operations, including training and treatment programmes or correctional activities
as the case may be;
(i) prompt action to meet emergencies including regular fire drills and
evacuation plan;
(j) ensuring accident and fire preventive measures within the institutional premises;
(k) stand-by arrangements for water storage, power plant, emergency lighting;
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(l) careful handling of plants and equipments;
(m) segregation of a juvenile or child suffering from contagious or infectious diseases;
(n) observance and follow-up of daily routine;
(o) filing of monthly report of juvenile or child in the case file;
(p) organize local and national festivals in the institution;
(q) organize trips or excursions or picnics for juveniles or children;
(r) preparation of budget and control over financial matters;
(s) allocation of duties to personnel;
(t) supervision over office administration, including attending to personnel welfare and
staff discipline;
(u) prompt, firm and considerate handling of all disciplinary matters;
(v) organize the meetings of the Management Committee set up under rule 55 of these
rules and provide necessary support
(w) maintenance of all records and registers required under the Act and the rules and
monthly verification of the same by the Management Committee set up under rule 55 of
these rules;
(x) liaison, coordination and cooperation with the District Child Protection Unit or
State Government as and when required; and
(y) coordination with the legal officer in the District Child Protection Unit to ensure
that every juvenile is legally represented and provided free legal aid and other
necessary support or, where the District Child Protection Unit has not been set up,
services of the District or State Legal Services Authority shall be made available.
(z) organize child committees and provide necessary support.
87. Duties of a Probation Officer or Child Welfare Officer or Case Worker.
(1) Every probation officer or child welfare officer or case-worker shall carry out all
directions given by the Board or Committee or concerned authority and shall perform
the following duties, functions and responsibilities:
(a) making social investigation of the juvenile (Form IV) or the child (Form XIII)
through personal interview and from the family, social agencies and other sources;
(b) attending the proceedings of the Board or Committee and submitting reports as and
when required;
(c) clarifying problems of the juvenile or the child and dealing with their difficulties in
institutional life;
(d) participating in the orientation, monitoring, education, vocational and rehabilitation
programmes;
(e) establishing co-operation and understanding between the juvenile or the child and
the Officer- in-charge;
(f) assisting the juvenile or the child to develop contacts with family and also providing
assistance to family members;
(g) developing a care plan for every child in consultation with the juvenile or child and
following up its implementation;
(h) participating in the pre-release programme and helping the juvenile or the child to
establish contacts which can provide emotional and social support to juvenile or child
after their release;
(i) establishing linkages with voluntary workers and organizations to facilitate
rehabilitation and social reintegration of juveniles and to ensure the necessary followup;
(j) follow-up of juveniles after their release and extending help and guidance to them;
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(k) visiting regularly the residence of the juvenile or child under their supervision and
also places of employment or school attended by such juvenile or child and submitting
fortnightly reports as prescribed in Form XXI;
(l) accompanying juveniles or children where ever possible, from the office of the
Board to observation home, special home, children's home or fit person, as the case
may be; and
(m) maintaining case file and such registers as may be specified from time to time.
(2) On receipt of information from the Police or Juvenile or Child Welfare Officer of
the Police under clause (b) of section 13 of the Act, the probation officer shall inquire
into the antecedents and family history of the juvenile or the child and such other
material circumstances, as may be necessary and submit a social investigation report as
early as possible, in Form IV or XIII, to the Board.
88. Duties of House Father or House Mother. (1) The general duties, functions and
responsibilities of a house father, house mother and other care takers shall be as
follows:
(a) handling juvenile or child with love and affection;
(b) taking proper care and welfare of juvenile or child;
(c) maintaining discipline among the juveniles or children;
(d) maintenance, sanitation and hygiene;
(e) implementing daily routine in an effective manner and ensuring children's
involvement;
(f) looking after the security and safety arrangements of the home; and
(g) escorting juveniles or children, whenever they go out of the home.
89. Disqualification for officer-in-charge, probation officer or child welfare officer
or case-worker, house father or house mother and other care givers and staff.
(1) The officer-in-charge, probation officer or child welfare officer or case-worker,
house father or house mother and other care givers and staff shall not employ a juvenile
or child under their supervision or care and protection for their own purposes or take
any private service from them.
(2) Any report of physical, sexual or emotional abuse of a juvenile or a child in an
institution or outside, by a caregiver, shall hold them liable for disqualification after
due inquiry.
90. Training of Personnel. (1) The State Government or the Officer-in-charge, in
collaboration with reputed organisations shall provide for training of
personnel of each category of staff, in keeping with their statutory responsibilities and
specific jobs requirements.
(2) The training programme shall include-
(a) orientation and induction training of the newly-recruited staff,
(b) refresher training courses and skill enhancement programmes for all care givers
once a year, and
(c) staff conferences, seminars, workshops
91. Selection Committee and its composition. The State Government shall constitute
a Selection Committee by notification in the official gazette, for a period of five years,
consisting of the following five members, namely:
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(a) a retired judge of High Court or retired Secretary to the Govt. of NCT
of Delhi as the Chairperson;
(b) one representative from the concerned Department of State Government not below
the rank of Director as the Member Secretary;
(c) one representative from a reputed non-governmental organization, working in the
area of child welfare but not running any children institution;
(d) a representative from academic bodies concerned with social work, psychology,
sociology, child development, education, law, criminology and with experience of
working on children’s issues; and
(e) a representative of the National or State Human Rights Commission or, National or
Delhi Commission for Protection of Child Rights or, National or Delhi Commission
for Women.
92. Functions of the Selection Committee. (1) (a) In making appointment of members
of the Board or Committee, the Selection Committee shall take into consideration the
applications received in this regard in response to a public advertisement to this effect
by the State Government; and
(b) the Selection Committee shall select and recommend a panel of names to the State
Government for appointment as members of the Board or Committee from amongst the
applications received.
(2) In the event of any complaint against a member of the Board or Committee, the
Selection Committee shall hold necessary inquiry and recommend termination of
appointment of such member to State Government, if required.
(3) (a) The Selection Committee, at the time of recommending names for appointment
as member of Board or Committee shall also prepare a panel of names for each Board
or Committee to fill in vacancies, which may arise during the tenure of the Board or
Committee.
(b) In the event of a vacancy in the Board or Committee, the District Child Protection
Unit shall inform the State Child Protection Unit or State Government for filling up
such vacancy.
(c) The State Government shall fill the vacancies on the basis of the panel of names
recommended by the Selection Committee.
93. Advisory Board. (1) The State Government shall constitute Advisory Board at
State level for a period of three years.
(2) The Advisory Board shall hold at least two meetings in a year.
(3) The Advisory Board shall inspect the various institutional or non-institutional
services and the recommendations made shall be acted upon by the State Government.
(4) The Advisory Board may consist of representatives of the State
Government, members of the competent authority, academic institutions, locally
respectable and spirited citizens, representatives of non-governmental organizations.
(5) The termination, resignation, or other vacancy caused in the advisory board and
appointment of new members therein shall be done by the State Government.
94. Openness & Transparency. (1) All Children's homes shall be open to visitors with
the permission of the Officer-in-charge and the Committee or Officer-in-charge as the
case may be, may consider appropriate to allow representatives of local self
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government, voluntary organizations, social workers, researchers, medicos,
academicians, prominent personalities, media and any other persons as visitors, as the
Officer-in-charge considers appropriate keeping in view the security, welfare and the
interest of the children.
(2) The Officer-in-charge of the home shall encourage active involvement of local
community in improving the conditions in the homes, if, the members of the
community want to serve the institution or want to contribute through their expertise.
(3) The Officer-in-charge shall maintain a visitors book and the remarks of the visitors
given therein shall be considered by the advisory inspecting authority.
(4) While visiting an institution, the visitors will not say or do anything that undermines
the authority of the Officer-in-charge or is in contravention of the Act or rules or
impinges on the dignity of the children.
95. Juvenile Justice Fund. (1) The State Government shall create a Fund at the State
level under section 61 of the Act to be called the 'Juvenile Justice Fund' (herein under
referred to as the Fund) for the welfare and rehabilitation of the juvenile or the child
dealt with under the provisions of the Act.
(2) In addition to donations, contributions or subscriptions coming under sub-section
(2) of section 61, the Central Government shall also make contribution to the Fund.
(3) The Fund shall be applied:
(a) to implement programmes for the welfare, rehabilitation and restoration of juveniles
or children;
(b) to pay grant-in-aid to non-governmental organizations;
(c) to do all other things that are incidental and necessary for the above purposes.
(4) The management and administration of the Fund shall be under the control of the
State Advisory Board under sub-section (3) of section 61 of the Act.
(5) The assets of the Fund shall include all such grants and contributions, recurring or
nonrecurring, from the Central Government and State Government or any other
statutory or non-statutory bodies set up by the Central or State Government as well as
the voluntary donations from any individual or organization.
(6) All withdrawals shall be made by cheques or requisitions, as the case may be,
signed by the secretary-cum-treasurer and in the case of amounts exceeding rupees one
thousand, they shall be signed duly by the secretary-cum-treasurer and a member of the
board of management to be nominated by the State Advisory Board.
(7) The regular accounts shall be kept of all money and properties, and all incomes and
expenditure of the Fund and shall be audited by a notified firm of Chartered
Accountants, or any other recognized authorities as may be appointed by the Board.
(8) The auditors shall also certify the expenditure from the Fund made by the secretarycum-
treasurer.
(9) All contracts and other assurances shall be in the name of the board of management
and signed on their behalf by the secretary-cum-treasurer and one member of the board
of the management authorised by it for the purpose.
(10) The board of management shall invest for the time being the proceeds of sale or
other disposal of the property, as well as any money or property not immediately
required to be used to serve the objective of the Fund, in any one or more of the modes
of investment authorised by law for the investment of trust moneys as the board of
management may think proper.
(11) The board of management may delegate to one or more of the members such of its
powers, which in its opinion are merely a procedural arrangement.
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96. Pending Cases. (1) No juvenile in conflict with law or a child shall be denied the
benefits of the Act and the rules made thereunder.
(2) All pending cases which have not received a finality shall be dealt with and
disposed of in terms of the provisions of the Act and the rules made thereunder.
(3) Any juvenile in conflict with law, or a child shall be given the benefits under subrule
(1) of this rule, and it is hereby clarified that such benefits shall be made available
to all those accused who were juvenile or a child at the time of commission of an
offence, even if they cease to be a juvenile or a child during the pendency of any
inquiry or trial.
(4) While computing the period of detention or stay or sentence of a juvenile in conflict
with law or of a child, all such period which the juvenile or the child has already spent
in custody, detention, stay or sentence of imprisonment shall be counted as a part of the
period of stay or detention or sentence of imprisonment contained in the final order of
the court or the Board.
97. Disposed off cases of juveniles in conflict with law. The State Government or as
the case may be the Board may, either suo motu or on an application made for the
purpose, review the case of a person or a juvenile in conflict with law, determine his
juvenility in terms of the provisions contained in the Act and rule 12 of these rules and
pass an appropriate order in the interest of the juvenile in conflict with law under
section 64 of the Act, for the immediate release of the juvenile in conflict with law
whose period of detention or imprisonment has exceeded the maximum period
provided in section 15 of the said Act.
98. Disposal of records or documents. The records or documents in respect of a
juvenile or a child or a juvenile in conflict with law shall be kept in a safe place for a
period of seven years and no longer, and thereafter be destroyed by the Officer-incharge
or Board or Committee, as the case may be.
99. Repeal. The Juvenile Justice (Care and Protection of Children) Rules, 2002,
notified vide F.No.61 (2)/DO-I/DSW/2001/8969-984 dated : 19th
August, 2002 in the Delhi Gazette - Extraordinary, Part IV, are
hereby repealed.
SCHEDULE 1
CLOTHING, BEDDING, TOILETRIES AND OTHER ARTICLES (RULE 41)
1. Juveniles or children shall be provided with the following articles : -
Bedding
S. No. Article Quantity to be provided per child
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1. Towels (4ft x 2ft) 3 per Years
2. Cotton Bed Sheets 4 per 2 Years
3. Pillow 1 per 2 Years
4. Pillow Covers 2 per 2 Years
5. Woolen blankets 3 per 3 Years
6. Cotton durry 1 per 2 Years
7. Mattress 1 per 3 Years
8. Mosquito Net 1 per 2 Years
Clothing for girls
1. Skirts & Blouse or Salwar Kameez
or Half Sari with blouses and
petticoats
5 sets per year for girls depending on
age and regional preferences
2. Banyans 6 per year for younger girls
3. Brassieres 6 per year for older girls
4. Panties 6 per year
5. Sanitary Towels 12 packs per year for older girls
6. Woollen Sweaters (full
sleeves )
2 in 2 years
7. Woollen Sweaters (half
sleeves )
1 in 1 year
8. Woollen Shawls 1 in 1 year
Clothing for boys
1. Shirts 4 per year
2. Shorts 4 per year for younger boys
3. Pants 4 per year for older boys
4. Vest 4 per year
5. Underwear 4 per year
6. Woolen Jerseys (full
sleeves )
2 in 2 years
7. Woolen Jerseys (half
sleeves )
1 in 1 year
8. Scarfs/ cap 2 in 2 years
Miscellaneous Articles
1. Slippers 2 pair per year
2. Sports Shoes 1 pair per year
3. School Uniform 2 sets per year for children attending
outside schools
4. School Shoes 1 pair per year for children attending
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outside schools
5. School Bag and Stationery 1 sets per year for children attending
outside schools
6. Handkerchiefs 6 per year
7. Kurta Payjama 2 sets per year
8. Track suit 1 set per year
9. Socks 4 pairs per year
Note . – (a) In addition to the clothing specified above, each child shall be provided,
once in three years, with a suit consisting of one white shirt, one pair of Khaki
shorts or pants, one pair of white canvas shoes and one blazer for use during
ceremonial occasions. In the case of girls it shall be one white half sari or one
salwar kameez or one white skirt and one white blouse, a pair of white canvas shoes
and a blazer.
2. In every hospital attached to the institution where there is provision for inpatient
cots, the following scale has to be followed : -
Night clothing & bedding Scale for supply
1. Mattress One per bed per 3 years
2. Cotton Bed Sheets Four per bed per year
3. Pillows One per bed per two year
4. Pillow Covers Four per bed per year
5. Woollen blankets One per bed per 2 years
6. Pyjamas and loose shirts (Hospital type for boys) 3 pairs per child per year
7. Skirts and blouses or salwar kameez for girls 3 pairs per child per year
9. Cotton durry One per bed per three years
Note . – (i) When a child is admitted as an in-patient in the institution Hospital, the
Institution Doctor shall issue the in-patient with the hospital clothing, the clothes, on
body being preserved, duly washed and handed back, at the time of the child’s
discharge from the hospital.
(ii) Each child shall be provided with Kit Box or a Locker, as per convenience
and necessity.
(iii) The Superintendent may make arrangements for two-tier bed system in
place of conventional cots, as per convenience and necessity.
3. Toiletry : Every resident of the Home shall be issued with oil, soap and other
material for in accordance with the following scales : -
Hair oil for grooming the hair 100 mgs per month
Toilet soap or carbolic soap 1 large bar per month
Tooth paste and brush 1 Brush per 3 months 50 gms paste per
month
Comb 1 per year
Shampoo sachets (for girls) 4 per month
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Note . – (a) For washing of cloth and towels, bed-sheet etc., the following scale may be
followed : -
(i) Washing Soap 3 soap for one month (125 gms) or
equivalent washing powder
(ii) Whitening/bleaching agent to the extent required only for white
clothing
Provided, however, the hospital clothing is not mixed with other clothing at the
time of washing and if necessary, the Superintendent can issue the above items
separately for washing of hospital clothing. The superintendent may get
installed washing machines, as required.
(b) The children attending school outside the institution may be issued with one
additional bar of washing soap (100 gms) per head per month for washing their school
uniform.
4. The following items shall be provided for maintaining the Homes in a healthy
and sanitary condition :
Item Scale of Supply
Broom Stick 25 to 40 Nos. per month depending on the
area of the institution
Pesticide spray As per the institution Doctor’s advice
Effective bugs killing agent As required
Phenyl and cleaning acid Depending on the area of lavatories to be
(daily) cleaned as per institution Doctor’s advice.
Mosquito repellent 2 per room per month
SCHEDULE II
NUTRITION AND DIET SCALE (RULE 44)
S. No. Name of the articles of diet Scale per head per day
1. Rice/Wheat/Ragi/Jowar/ Bread 600 Gms, (700 Gms for 16-18 yrs
age) of which atleast 100 gms to be
either Wheat or Ragi or Jowar
2. Dal/Rajma/Chana 120 Gms
3. Edible Oil 50 Gms
4. Onion 25 Gms
5. Salt 25 Gms
6. Turmeric 05 Gms
7. Coriander Seed Powder 05 Gms
8. Ginger 05 Gms
9. Garlic 05 Gms
10. Tamarind/Mango powder 05 Gms
11. Milk (at breakfast) 300 ml
12. Dry Chilies 05 Gms
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13. Vegetables Leafy 100 Gms
Non-leafy 130 Gms
14. Curd or Butter Milk 100 Gms/ Ml
15. Chicken once a week or Eggs 4
days or paneer once a
week
115 Gms
16. Nutri-nuggets twice a
week
30 Gms
17. Jaggery & Ground Nut Seeds 60 Gms each (100 Gms for paneer)
once in a week
18. Sugar 40 Gms
19. Jam/ Butter 25 Gms
20. Tea 4 Gms per day
Following items for 50 Children per day
19. Pepper 25 Gms
20. Jeera Seeds 25 Gms
21. Black Gramdal 50 Gms
22. Mustard Seeds 50 Gms
23. Ajwain Seeds 50 Gms
On Chicken Day for 10 Kg. Of Chicken
24. Garam Masala 10 Gms
25. Kopra 150 Gms
26. Khas Khas 150 Gms
27. Groundnut Oil 500 Gms
For Sick Children
28. Bread 500 Gms
29. Milk 500 Ml
Other Items
30. LP Gas for Cooking only
Instructions:
(2) Variation in Diet
(a) Three varieties of dal i.e., Toor (Tuvari), Moong (Green Gram) and Chana (Bengal
Gram) may be issued alternatively.
(b) The Superintendent may also arrange to substitute chicken with fish at his
discretion, provided that there is no extra expenditure to Government.
(c) On non-vegetarian days, vegetarian children shall be issued with either 60 Gms of
Jaggery and 60 Gms of Groundnut seeds per head in the shape of laddus or any other
sweet dish or 100 gms paneer.
(d) Potatoes shall be issued in lieu of vegetables once in a week.
(e) Leafy vegetables such as Fenugreek(Methi), Spinach (Palak), Sarson (Mustard
leaves)Gongura Thotakura or any other saag etc., may also be issued once in a week . If
a kitchen garden is attached to any institution leafy vegetables, in addition to drumstick
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trees, curry leaves trees and coriander leaves, should be grown and issued and the
Superintendent should try to issue variety of vegetables and see that the same vegetable
is not repeated for at least a period of one week.
(f) The Superintendent may make temporary alternations in the scale of diet in
individual cases when considered necessary by him, or on the institution Doctor’s
advice subject to the condition that the scale laid down is not exceeded.
(3) Meal Timing and Menu:
a) Breakfast before 8:30 am
(i) Upma or chapattis made of Wheat or Ragi or any other dish.
(ii) Chutneys from Gongura or fresh curry leave or fresh coriander or Coconut and
Putnadal etc., dal/vegetable may be issued as a dish.
(iii) Milk
(iv) Any seasonal fruit in sufficient quantity
b) Lunch at 1:00 P.M. and Dinner After 7:00 P.M.
(i) Rice/ Chapattis or combination of both
(ii) Vegetable Curry
(iii) Sambar or Dal
(iv) Butter Milk or curd
(4) Others:
(a) Depending on the season, the Superintendent shall have the discretion to alter the
time for distribution of food .
(b) On the advise of the Institution Doctor, every sick child who is prevented from
taking regular food, on account of his ill-health, may be issued with medical diet, as
indicated in diet scale.
(c) Extra diet for nourishment like milk, eggs, sugar and fruits shall be issued to the
children on the advice of the institution Doctor in addition to the regular diet, to pick up
weight or for other health reasons and for the purpose of calculation of the daily ration,
the sick children shall be excluded from the day’s strength.
(d) On the following national and festival occasions, sweet dishes may be distributed to
all the children at the Home at the rate fixed by the Commissioner, from time to time.
1. Republic Day (26th January )
2. Ambedkar’s Birthday (14th April)
3. Independence Day(15th August)
4. Mahatma Gandhi’s Birth Day (2nd October)
5. Children’s Day (14th November)
6. Child Rights Day (20th November)
7. Dussehra (Vijayadasami)
8. Deepavali
9. Ramzan (Id-Ul-Fitr)
10. Bakrid (Id-Ul-Zuha)
11. Christmas (25th December)
The States may specify additional festivals depending upon local preferences.
FORM-I
[Rule 13(1)(c) ]
SUPERVISION ORDER
When the Juvenile is placed under the care of a parent, guardian or other fit
person/fit institution Profile No. ____________________ of _________ 20 ____.
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Whereas (name of the juvenile/) has this day found to have committed an
offence and has been placed under the care of (name) __________(address)
_________________________________________ on executing a bond by the said
_________________________________and the Board is satisfied that it is expedient
to deal with the said juvenile by making an order placing him/her under supervision.
It is hereby ordered that the said juvenile be placed under the supervision of
____________________________________________ probation officer/case worker,
for a period of _____________________________ subject to the following conditions.
1. that the juvenile along with the copies of the order and the bond executed by the said
__________________________________________________ shall be produced before
the probation officer/caseworker named therein _______________________________.
2. that the juvenile shall be submitted to the supervision of the aforesaid probation
officer/ case worker.
3. that the juvenile shall reside at _________________ for a period of ____________.
4. that the juvenile shall not be allowed to quit the district jurisdiction of
_________without the permission of the probation officer/case worker.
5. that the juvenile shall not be allowed to associate with bad characters.
6. that the juvenile shall live honestly and peacefully; and will go to school regularly/
endeavour to earn an honest livelihood.
7. that the juvenile shall attend the attendance centre regularly.
8. that the person under whose care the juvenile is placed shall arrange for the proper
care, education and welfare of the juvenile.
9. that the preventive measures will be taken by the person under whose care the
juvenile is placed to see that the juvenile does not commit any offence punishable by
any law in India.
10. that the juvenile shall be prevented from taking narcotic drugs or psychotropic
substances or any other intoxicants.
11. That the directions given be the probation officer/case worker from time to time, for
the due observance of the conditions mentioned above, shall be carried out.
Dated this______________________day of______________________ 20___.
(signature)
Principal Magistrate, Juvenile Justice Board
Additional, conditions, if any may be inserted by the Juvenile Justice Board
FORM-II
[Rule 13(1)(d)]
Order of detention under Sub-Section _______ of Section ______, Sub-Section
_____ of Section __________ and Sub-Section __________ of Section ___.
To
The Officer in charge
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__________________
__________________
Whereas on the _____________ day of ___________20____, ____________
(name of the juvenile), son/ daughter of __________________, aged_____, residing at
____________________________ being found in Profile No. _____________ to be
juvenile in conflict with law/ section _________________ is order by me
___________________ Principal Magistrate, Juvenile Justice Board under
section_____________________ of Juvenile Justice Act, 2000 to be kept in the
Observation Home/ Special Home/ __________________ for a period of __________.
This is to authorize and require you to receive the said juvenile; into your
charge, and to keep him/her in the Observation Home/ Special Home/
_______________________ for the aforesaid order to be carried into execution
according to law.
Given under my hand and the seal of Juvenile Justice Board
This __________________________ day of _________________________ 20.
(signature)
Principal Magistrate, Juvenile Justice Board
Encl:
Copy of the judgment, if any, or orders, particulars of home and case history and
individual care plan, if any:
Strike which is not required.
FORM-III
ORDER OF SOCIAL INVESTIGATION/INQUIRY
[Rule 13(1)(e) and (5)]
To
Probation Officer/ Case Worker/Person in-charge of Voluntary Organization/
Case Worker
______________________________________________________________________
Whereas a report/complaint under section ___________ of the Juvenile Justice
(Care and Protection of children) Act, 2000 has been received from________ in respect
of______________(name of the juvenile), son/daughter of __________________
approximate age _____ residing at __________________________, who has been
produced before the Board.
You are hereby directed to enquire into the social antecedents, family
background and circumstances of the alleged offence by the said juvenile and submit
your social investigation report on or before _______________or within such time
allowed to you by the Board.
You are also hereby directed to consult an expert in child psychology,
psychiatric treatment or counselling for their expert opinion if necessary and submit
such report along with your Social Investigation Report.
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Dated this ____________________________day of __________________20______.
(signature)
Principal Magistrate, Juvenile Justice Board
FORM IV
[Rules 13(5) and 87(1)(a) and (2)]
SOCIAL INVESTIGATION REPORT
Sl. No.________________
Submitted to the Juvenile Justice Board______________________________(address).
Probation Department/Concerned State Government Authority/Voluntary
Organisation_________________________________________(Signature and Stamp)
Profile No.
Under section:
Title of Profile:
Police Station:
Nature of offence charge:
____________________________________________________________________
Name Religion
Father’s Name Caste
Permanent Address Year of birth
Last address before apprehension Age
________________________________________________Sex__________________
Previous institutional/case history and individual care plan, if any
FAMILY
Members
of family
Nam
e
Ag
e
Healt
h
Educat
ion
Occupatio
n
Monthl
y
earnings
Disabilitie
s
Any
other
e.g.
social
habits
Father
Step-father
Mother
Stepmother
Siblings
Any other
legal
guardian/
relative
If married, relevant particulars
______________________________________________________________________
Other near relatives or agencies
Interested______________________________________________________________
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Attitude towards religion normal
And ethical code of the home etc. __________________________________________
Social and economic status________________________________________________
Delinquency record of members of family____________________________________
Present living conditions _________________________________________________
Relationship between parents/
Parents and children especially
With the juvenile under investigation________________________________________
Other factors of importance if any___________________________________________
JUVENILES HISTORY
Mental condition
(Present and past)________________________________________________________
Physical condition
(Present and past)________________________________________________________
Habits, interests
(moral, recreational etc.)__________________________________________________
Outstanding characteristics and personality traits_______________________________
Companions and their influence____________________________________________
Truancy from home, if any ________________________________________________
School (attitude towards school, teachers, class mates and vice-versa)______________
______________________________________________________________________
Work record (jobs held, reasons for leaving, vocational interests, attitude
towards job or employers)___________________________________________
Neighbourhood and neighbours report_____________________________
Parent’s attitude towards discipline in the home and child’s
reaction__________________________________________________________
Any other remarks
RESULT OF INQUIRY
Emotional factors
Physical condition
Intelligence
Social and economic factors
Religious factors
Suggested causes of the problems
Analysis of the case including reasons for delinquency
Opinion of experts consulted
Recommendation regarding treatment and its Plan by Probation Officer
Signature of the Probation Officer/Case Worker
FORM – V
[Rules 15(5) and 79(2)]
UNDERTAKING/ BOND TO BE EXECUTED BY A PARENT/ GUARDIAN/
RELATIVE /FIT PERSON IN WHOSE CARE A JUVENILE IS PLACED
Whereas I ___________________________ being the parent, guardian, relative
or fit person under whose care _____________________________________(name of
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the juvenile) has been ordered to be placed by the Juvenile Justice Board
__________________________, have been directed by the said Board to execute an
undertaking/ bond with surety in the sum of Rs.________/-
(Rupees____________________________________________________) or without
surety. I hereby bind myself on the said ________________________________ being
placed under my care. I shall have the said ________________________ properly
taken care of and I do further bind myself to be responsible for the good behaviour of
the said __________________________________and to observe the following
conditions for a period of _________________ years w.e.f _________________.
1. that I shall not change my place of residence without giving previous intimation in
writing to the Juvenile Justice Board through the Probation Officer/Case Worker;
2. that I shall not remove the said juvenile from the limits of the jurisdiction of the
Juvenile Justice Board without previously obtaining the written permission of the
Board;
3. that I shall send the said juvenile daily to school/to such vocation as is approved by
the Board unless prevented from so doing by circumstances beyond control;
4. that I shall send the said juvenile to an Attendance Centre regularly unless prevented
from doing so by circumstances beyond my control;
5. that I shall report immediately to the Board whenever so required by it;
6. that I shall produce the said juvenile in my care before the Board, if he/she does not
follow the orders of Board or his/her behaviour is beyond control;
7. that I shall render all necessary assistance to the Probation Officer /Case Worker to
enable him to carry out the duties of supervision;
8. in the event of my making default herein, I undertake to produce myself before the
Board for appropriate action or bind myself, as the case may be, to forfeit to
Government the sum of Rs.__________ (Rupees______________________________).
Dated this __________________________day of _____________________20.
Signature of person executing the Undertaking/Bond.
(Signed before me)
Principal Magistrate, Juvenile Justice Board
Additional conditions, if any, by the Juvenile Justice Board may be entered
numbering them properly;
(Where a bond with sureties is to executed add)
I/We __________________ of ____________________ (place of residence
with full particulars) hereby declare myself/ourselves as surety/sureties for the
aforesaid _____________ (name of the person executing the undertaking/bond) to
adhere to the terms and conditions of this undertaking/bond. In case of
________________ (name of the person executing the bond) making fault therein,
I/We hereby bind myself/ourselves jointly or severally to forfeit to government the sum
of Rs._______________/- (Rupees_____________________________________)
dated this the __________ day of ___________________20 ______ in the presence of
________________________.
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Signature of Surety(ties)
(Signed before me)
Principal Magistrate, Juvenile Justice Board
FORM VI
[Rules 15(6) and 79(2)]
PERSONAL BOND BY JUVENILE/CHILD
Personal Bond to be signed by juvenile/child who has been ordered under
Clause ____________of Sub-Section _________ of Section ____________ of the Act.
Whereas, I _____________________ inhabitant of _______________ (give full
particulars such as house number, road, village/town, tehsil, district, state)
_________________ have been ordered to be sent back/restored to my native place by
the Juvenile Justice Board/Child Welfare Committee ________________________
under section ____________ of the Juvenile Justice (Care and Protection of Children)
Act, 2000 on my entering into a personal bond under sub-rule _____ of rule ____ and
sub-rule ____ of rule ____ of these Rules to observe the conditions mentioned herein
below. Now, therefore, I do solemnly promise to abide by these conditions during the
period__________________.
I hereby bind myself as follows:
1. That during the period________ I shall not ordinarily leave the village/town/district
to which I am sent and shall not ordinarily return to_________________ or go
anywhere else beyond the said district without the prior permission of the
Board/Committee;
2. That during the said period I shall attend school/ vocational training in the
village/town or in the said district to which I am sent;
3. That in case of my attending school/ vocational training at any other place in the said
district I shall keep the Board/Committee informed of my ordinary place of residence.
I hereby acknowledge that I am aware of the above conditions which have been
read over/explained to me and that I accept the same.
(Signature or thumb impression of the juvenile/child)
Certified that the conditions specified in the above order have been read
over/explained to (Name of juvenile/child)_________________________and that
he/she has accepted them as the conditions upon which his/her period of detention/
placement in safe custody may be revoked.
Certified accordingly that the said juvenile/child has been released/relived on
the________________________.
Signature and Designation of the certifying authority
i.e. Officer-in-charge of the institution
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FORM VII
[Rule 17(10)]
DISCHARGE ORDER
I________________________name and designation of the discharging authority
_______________ State Government/ Union Territory Administration, do by this order
permit__________________________ son/ daughter of _________________________
residence_____________________________ Profile Number __________________
who was ordered to be detained/placed in a observation home/special home/after care
home by the Juvenile Justice Board ______________________________under section
_________________ of the Juvenile Justice (Care and Protection of Children) Act
2000, for a term of __________________ on the ____________day of _____________
20__________ and who is now in the ______________ home, at
________________________to be discharged from the said_______________ home
and supervision and the authority of ________________________________ during the
remaining period of stay.
This order is granted subject to the conditions hereon, upon the breach of any of
which it shall be liable to be revoked.
Dated : Signature and Designation of Releasing Authority
Place:
Conditions:
1. The discharged person shall proceed to __________ and live under the supervision
and authority of _______________ until the expiry of the period of his/her detention
unless the remission is sooner cancelled.
2. He/She shall not, without the consent of the ______________remove himself/herself
from that place or any other place, which may be named by the said _______________.
3. He/she shall obey such instruction as he/she may receive from the said
__________________ with regard to punctual and regular attendance at
school/vocation or otherwise.
4. He/She shall attend the Attendance Centre located at _________________ regularly.
5. He/She shall abstain from committing any offense and shall lead a sober and
industrious life to the satisfaction of _________________________.
6. In the even of his/her committing a breach of any of the above conditions the
remission of the period of detention hereby granted shall be liable to be cancelled and
on such cancellation he/she shall be dealt with under sub section (3) of section 59 of the
Juvenile Justice (Care & Protection of Children) Act 2000.
I hereby acknowledge that I am aware of the above conditions which have been
read over/explained to me and that I accept the same.
(Signature or mark of the released juvenile)
Certified that the conditions specified in the above order have been read
over/explained to (Name of juvenile/child)_________________________and that
he/she has accepted them as the conditions upon which his/her period of detention may
be revoked.
Certified accordingly that the said juvenile/child has been discharged on
the________________.
Signature and Designation of the certifying authority
i.e. Officer-in-charge of the institution
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FORM VIII
[Rule 27(18)]
SUPERVISION ORDER
When the Child is placed under the case of a parent guardian or other fit person
Case No.______________________ of ____________________ 20______
Whereas (name of the child) _______________ has this day been found to be in
need of care and protection, and has been placed under the care and supervision of
(name) ____________ (address) ___________________on executing a bond by the
said _______________________________ and the Committee is satisfied that it is
expedient to deal with the said child by making an order placing him/her under
supervision.
It is hereby ordered that the said child be placed under the supervision of (name)
___________(address) ____________________________________ for a period of
________________________ subject to the following conditions that:
1. the child along with the copies of the order and the bond, if any, executed by the said
________________________________ shall be produced before the Committee as and
when required by the person executing the bond
2. the child shall be placed under the supervision of the aforesaid parent/guardian/ fit
person
3. the child shall reside at ______________________ for a period of ____________
4. the child shall not be allowed to quit the district jurisdiction of _______________
with the permission of the Committee.
5. the child shall go to school regularly/endeavour to earn an honest livelihood.
6. the person under whose care the child is placed shall arrange for the proper care,
education and welfare of the child.
7. the child shall not be allowed to associate with undesirable characters and shall be
prevented from coming in conflict with law.
8. the child shall be prevented from taking narcotic drugs or psychotropic substances or
any other intoxicants.
9. the directions given by the Committee from time to time, for the due observance of
the conditions mentioned above, shall be carried out.
Dated this ________________ day of ___________________ 20 _____________
(Signature)
Chairperson, Child Welfare Committee
• Additional conditions, if any may be interested by the Child Welfare Committee
FORM IX
[Rules 27(18) and 79(2)]
UNDERTAKING BY THE PARENT OR ‘FIT PERSON’
TO WHOM CHILD IS RESTORED
I ____________________________________ resident of House no. _________ Street
_____________ Village/Town ___________ District ________ State ___________ do
hereby declare that I am willing to take charge of (name of the child)
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__________________ Aged _______ under the orders of the Child Welfare
Committee___________________________ subject to the following terms and
conditions:
I. If his/her conduct is unsatisfactory I shall at once inform the Committee.
II. I shall do my best for the welfare and education of the said child as long as he/
she remains in my charge and shall make proper provision for his/her
maintenance.
III. In the event of his/her illness, he/she shall have proper medical attention in the
nearest hospital.
IV. I undertake to produce him/her before the competent authority as and when
required.
Date this ………………day of ………………..
Signature
Signature and address of witness (es)
(Signed before me)
Chairperson, Child Welfare Committee
FORM X
[Rule 27(19)]
ORDER OF SHORT TERM PLACEMENT PENDING INQUIRY
To
The Officer In-charge
____________________
____________________
Name of the child :
Sex :
Age :
Father’s Name :
Mother’s Name :
Address :
Date of receiving by Organization/Institution :
Produced by :
This is to authorize and direct you to receive the said child in your charge, and
keep her/him in the Shelter Home/Children’s home for care and protection under
section 33 (1) of the J.J. Act, 2000.
Next Date:
(Signature)
Chairperson/ Member
Child Welfare Committee
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FORM XI
[Rule 27(20)]
ORDER OF RESTORATION OF A CHILD TO AN INSTITUTION
To
The Officer-in-Charge
_______________________
_______________________
Whereas on the ____________ day of ____________20 ___ (name of the child)
______________________, son/daughter of ________________ aged _____ residing
at __________ being in care and protection under section 33(4) of the Juvenile Justice
(Care and Protection) Act 2000 is ordered by the Child Welfare Committee
_________________________, to be kept in the Children’s Home/ Shelter Home
_________________________________________ for a period of ________________.
This is to authorize and require you to receive the said child in your charge, and
to kept him/her in the Children’s Home/ Shelter Home _________________ for the
aforesaid order to be carried into execution according to law.
Given under my hand and the seal of Child Welfare Committee.
This __________________________ day of _________________________ 20.
(signature)
Chairperson/ Member
Child Welfare Committee
Encl:
Copy of the orders, particulars of home and previous record, case history and individual
care plan, whichever is applicable:
FORM-XII
[Rule 28(1)]
ORDER FOR ENQUIRY
To
Child Welfare Officer/Person in-charge of Voluntary Organization/Social
Worker/Case-Worker
______________________________________________________________________
Whereas a report under section ___________ of the Juvenile Justice (Care and
Protection of children) Act, 2000 has been received from ____________________ in
respect of (name of the child)______________, aged (approximate)____, son/daughter
of _________residing at_______________________________, who has been produced
before the Committee under section______ of the Juvenile Justice (Care and Protection
of Children) Act, 2000.
You are hereby directed to enquire into the social and family background of the
said child and submit your inquiry report on or before ___________or within such time
allowed to you by the Committee.
You are also hereby directed to consult an expert in child psychology,
psychiatric treatment or counselling for their expert opinion if necessary and submit
such report along with your Inquiry Report.
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You are hereby directed to enquire into the character and social antecedents of
the said juvenile and submit your social investigation report on or
before __________________________ or within such time allowed to you by the
Board/Committee.
Dated this _______________________day of __________________20______.
(signature)
Chairperson/Member
Child Welfare Committee
SEAL
Copy to :
1. The Officer In-charge
FORM XIII
[Rules 28(3); 33(3)(g)(ii); and (4)(f); and 87(1)(a) and (2)]
FORMAT FOR INQUIRY REPORT
Sl. No________________
Produced before the Child Welfare Committee________________________ (address).
Case No.
Concerned Government Department/ Voluntary Organisation
Category of child in need of care and protection:
______________________________________________________________________
Name Religion
Father’s Name Caste
Permanent Address Year of birth
Address of last residence Age
________________________________________________Sex___________________
Previous institutional/case history and individual care plan, if any
FAMILY
Members
of family
Name Age Health Education Occupation Monthly
earnings
Disabilities Any
other
e.g.
social
habits
Father
Stepfather
Mother
Stepmother
Siblings
Any
other
legal
guardian/
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relative
If married, relevant particulars
_____________________________________________________________________
Other near relatives or agencies
interested______________________________________________________________
Attitude towards religion, normal
and ethical code of the home etc.___________________________________________
Social and economic status________________________________________________
Delinquency record of members of family____________________________________
Present living conditions__________________________________________________
Relationship between parent/
parents and children especially
with the said child _______________________________________________________
Other factors of importance if any___________________________________________
CHILD’S HISTORY
Mental condition
(Present and past)________________________________________________________
Physical condition
(Present and past)________________________________________________________
Habits, interests
(moral, recreational etc.)__________________________________________________
Outstanding characteristics and personality traits_______________________________
Companions and their influence____________________________________________
Truancy from home, if any ________________________________________________
School (attitude towards school, teachers, class mates and vice-versa) ______________
______________________________________________________________________
Work record (jobs held, reasons for leaving vocational interests, attitude
towards job or employers)_____________________________________
or Neighbourhood and neighbours report_________________________________
Parent’s attitude towards discipline in the home and child’s reaction__________
________________________________________________________________
Any other remarks
RESULT OF INQUIRY
Emotional factors
Physical condition
Intelligence
Social and economic factors
Religious factors
Reasons for child’s need for care and protection
Opinion of experts consulted
Recommendation of Child Welfare Officer/Case Worker/Social Worker regarding
psychological support, rehabilitation and reintegration of the child and suggested plan
Signature of the Child Welfare Officer/Case Worker/Social Worker
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FORM XIV
[Rule 33(3)(c)]
ORDER FOR DECLARING CHILD LEGALLY FREE FOR ADOPTION
1. In exercise of the powers vested in the Child Welfare Committee_______________
constituted under sub-section________________ of section__________ of the Juvenile
Justice (Care and Protection of Children) Act, 2000 and sub-rule____ of rule____ of
these rules, minor______________________ born on (date) ________ placed in
custody of Specialised Adoption Agency (name & address) _____________________,
__________________________vide order ___________ dated _____________ of the
Chairperson, Child Welfare Committee ________________________, has been
declared legally free for adoption on the basis of details furnished through:
(a) Inquiry/home study conducted by Child Welfare Officer/Social Worker/ Case
Worker
(b) Document of surrender executed by the parent(s) and surrender deed signed in
the presence of the Committee under sub-rules __________ of rule _____ of
these rules
(c) Declaration submitted by the Specialised Adoption Agency under subrules_______
of rule ______ of these rules
2. ____________________________ (name of the Specialised Adoption Agency) shall
fulfill all conditions specified in Juvenile Justice (Care and Protection of Children) Act,
2000 and the rules relating thereto and furnish a copy of adoption decree/guardianship
order in respect of the minor as may be required by Committee and the concerned
Department of the State Government of ____________.
Photo
To be attested by the Chairperson/ Member, CWC
Date: Chairperson/Member
Place : Child Welfare Committee
For completion by the Specialised Adoption Agency.
I. I have read and understood Chapters III and IV of Juvenile Justice (Care and
Protection of Children) Act, 2000 and the rules thereunder and agree to abide/be
bound by the same while placing said minor in adoption.
II. I further declare that the particulars stated in the declaration submitted by me on
____________________ true and correct. In case they are found to be false or
incorrect, the Committee has right to suspend this Release Order for (name of
the minor) ____________________________ and ask for production of said
minor before the Committee.
Date:
Place:
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Child Welfare Officer/Social Worker
FORM XV
[Rule 33(4)(c)]
DEED OF SURRENDER
I __________________________ d/o or s/o___________________________ residing
at ______________________________________________________________ am not
in a position due to social reasons/ due to being single/ ill/ disabled to take care of my
child (name, if any) _____________ approximate age_____ years. I am explained the
consequences of surrendering my child by the Child Welfare Officer/Social Worker
(name) ___________________and the Child Welfare Committee ______________. In
full knowledge of all these facts, I am surrendering my child before the Committee
today, dated _______________. Within two months from this stated date if I do not
revise my decision to take back my child and do not approach the said Committee for
the same, the Committee shall declare my child legally free for adoption and I shall
have no further claim on my child.
Signature of parent/guardian in case of no surviving parent
Date
That I _________________________________Child Welfare Officer/Social
Worker have explained the procedure and the consequences of surrendering the child to
the concerned parent/guardian on (date) ______________.
Photo
To be attested by the Chairperson/ Member, CWC
(Signed before me)
Chairperson/ Member
Child Welfare Committee
FORM XVI
[Rule 35(3)]
A. FOSTER CARER’S ASSESSMENT
1. Agency Details
Name of the Agency
Address
Telephone
Fax
E-mail
Name of the Social Worker
Tel
Date_____________________ (Form Completed)
2. Details of the Applicant
Surname
Full Name
Date of Birth
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Religion
Language(s) spoken at Home
Occupation
(a) Nature of Work
(b) Hours of Work
Address
Telephone
3. Description of a preferred child
The type of child, the foster-carer would consider
(To be filled after a full discussion with the Foster-carer)
Age Range Under 2 years 3-6 years 7-12 years 13-15years 16-18 years
Sl. No. Type of Placement Duration
Pre-adoption
Emergency
Short-term
Assessment
Long-term
The Child an applicant can care for (Please Tick)
A child who is:
i. Neglected
ii. Orphaned
iii. With Physical impairment
iv. Mental impairment
v. Hearing impairment
vi. Speech impairment
vii. Special Education needs
viii. Learning difficulties
ix. Physical abuse
x. Sexual abuse
xi. Who does not relate easily
xii. Who needs control/may defy authority
xiii. Born of rape/incest
xiv. Who’s parent(s) suffering from disease
xv. Whose parent(s) is HIV positive
xvi. Whose parent(s) are AIDS patient
xvii. Whose parent(s) are alcoholic
xviii. Drug addicts
xix. Are in jail
xx. Relinquished
xxi. Belong to another caste
xxii. Are of different religion
4. Profile of the family
Brief Family Profile
Name Gender Approx. Age Occupation Education Relationship
with the
applicant
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(Give details of personalities, family life, experiences etc. Also highlight
specific qualities of the family that can match with a child’s needs. The details should
facilitate initial identification of a potential match with a specific child.)
Accommodation (House)
(Details of type, size, own/rented space, amenities etc.)
Neighborhood
(Details of composition, amenities and facilities, public transport etc.)
5. Verification of applicant’s identity
Place of residence
Period of stay
Nationality
Marital status (date/length of marriage)
Has either of the applicant had a previous marriage? Details
If children from previous marriage? Details
Specify documents seen with date
6. Career History
(Details of education, employment, voluntary work, part time work, leisure activities)
7. Agency Inquiries:
Medical check
Police check
Employer
8. Personal references (from 2 persons)
• This section to be completed after interviews with two references; information
gathered through these interviews should include:
• Length of time known
• Relationship to the applicant
• Provide evidence on the applicants ability to perform the tasks involved in
_________
• Caring for children
• Providing a safe and caring environment
• Applicant as a neighbor
• Interests, talents, personality
Assessment of the social worker for these references
B. HOME STUDY REPORT
A Home Study Report of the foster carer(s) being a crucial document being
prepared by the social worker of the Specialised Adoption Agency based on the
information collected by the format given above should broadly include the following
information:
• Social status and family background
• Description of the home
• Standard of living as it appears in the home
• Current relations amongst the members in the home
• Status of development of the children already in the home
• Employment and economic status
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• Health details
• Details of facilities of education, medical, vocational trainings available in the
neighborhood
• Reasons for wanting a child in foster care
• Attitudes of the grandparents and other relatives
• Anticipated plans for the foster child
• Legal status of the foster carer(s)
• Willingness to undergo training.
C. DETAILS OF APPLICANT(S)
1. Background:
Family structure with details of parents and siblings, significant details of other
family members, childhood experiences, etc.
2. Relationships:
If couple – Length of married life, what qualities does each applicant bring to
the partnership, what makes the relationship positive for each other? Within the
relationship how do applicants cope with problems/stress/anger? How do applicants
support each other? What is each applicant’s assessment of how the foster placement
will affect his or her relationship?
3. Decision making:
How is decision – making exercised in this relationship and how does each of
the applicants view this? Is there wider extended family involvement in the couple’s
decision-making process? If so, how will this affect the child to be placed?
What are the strengths and vulnerabilities of this partnership?
• Children
• Children and their parents’ relationships
• Children’s attitude and readiness for a foster placement sibling. Describe each
child and their temperament, any special talent and need, how children have
been involved in preparation.
4. Applicants support networks:
Give a general picture of support systems currently used by the applicants
including extended family, friends, neighbors, religious activities, community groups
etc. include details of the location etc.
5. Other significant members of the family:
Living in the house or not. Their relationship to the applicants, how much time
they spent within the home, their attitude to the proposed placement? How important is
their acceptance of placement to the applicant.
6. Description of the family life style:
Outline what family considers important e.g. how important are religious &
cultural practices. How is affection show in the family? How do the members spend
their time? What expectations family members have with regard to personal space?
What value is placed on education/hobbies and leisure activities that the whole family
undertakes?
7. Parenting capacities:
Experience of the applicants of caring and working with children. Describe their
adjustment to parenthood. What is their understanding of how children develop? Using
their own childhood experiences what patterns of parenting would the repeat and what
would they change? What is their understanding of their own parenting
strengths/potentials and about their parenting skills to meet the needs of individual
child. To what extent they would expect other family members to be involved in
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parenting of their children/placed children. How will they ensure that a child will be
safe from physical sexual abuse in their family and within wider support networks?
8. Managing Unacceptable Behaviour:
What are rules in the household? How do the applicants show
approval/disapproval? What are discipline measures they use? Their attitude towards
punishment?
What do they anticipate would be the issues and difficulties and themselves for
their own children and for their support network? What do they anticipate would be the
issues and difficulties for the child? Which changes do they anticipate would need in
their lifestyle?
Social workers assessment:
It should provide an analysis of all the information collected through the format
and its significance with regard to the capacity of the applicant to carryout fostering
task: (What skills do the applicants have in relating to and working with children? How
well will the applicant work with the agency, with biological parents? What are the
strengths and resources of the applicants and which are the areas where they may
experience difficulty? Also the point of disagreement between the social worker and the
applicants should be recorded here)
Recommendations of the Child Welfare Officer/Social Worker
(Signature)
FORM XVII
[Rule 34(1)]
ORDER OF FOSTER CARE PLACEMENT
The child (name and address) _____________________ approximate age______ d/o or s/o
Mr.______________ and Mrs._____________or Ms.___________________ is in need of
care and protection of a family. Mr._____________________________ and
Mrs._________________ or Ms._________________ resident of (complete address and
contact numbers)_______________________________________________________is/
are declared fit person/persons for foster-care placement of the child based on the home
study report of the Child Welfare Officer/Social Worker Ms./ Mr.______________ of the
organization (address) _____________________________________________________.
The child (name) ________________ is placed in foster care for a period of
_______________(days/ months), under the supervision of the aforesaid Child Welfare
Officer/Social Worker (name and contact) ________________________________.
Chairperson/ Member
Child Welfare Committee
FORM XVIII
[Rule 37(5)]
ORDER OF SPONSORSHIP PLACEMENT
The juvenile/child (name and address) ________________________________approximate
age______ d/o or s/o Mr.___________________ and Mrs. ________________or
Ms.__________________ has been identified by the State/ District Child Protection Unit
as a juvenile/child at risk needing urgent care and protection. On the basis of the Inquiry
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Report submitted by the State/District Child Protection Unit/ Child Welfare Officer/ Social
Worker it is established that the said juvenile/child needs sponsorship support for
education/ health/ nutrition/ other developmental needs ______________________ (please
specify). The State/District Child Protection Unit is hereby directed to release Rs.______
per month/ Rs.________ as one time sponsorship support to the said juvenile/ child for a
period of _________ (days/month) and carryout necessary follow up.
The State/District Child Protection Unit is also directed to clearly lay down the
terms and conditions for sponsorship support and follow up.
Principal Magistrate, Juvenile Justice Board/
Chairperson/Member, Child Welfare Committee
Copy to: State/District Child Protection Unit or concerned Department of the State
Government
FORM XIX
[Rule 38(3)]
ORDER OF AFTER CARE PLACEMENT
The juvenile/child (name) ________________ d/o or s/o _________________ has/ will
be completing 18 years of age on (date) _____________. She/ he is still in need of care
and protection for the purpose of rehabilitation and reintegration. She/he is placed in
(name of organization)_____________________ for providing aftercare. The In-charge
of the Organization is directed to admit the child and provide all possible opportunities
for her/ his rehabilitation and reintegration in its truest sense. The person shall be
provided all these opportunities maximum till the age of 21 years only or till
reintegration in the society, whichever is earlier. The In-charge will send half yearly
report on the status of the child/youth to the Child Welfare Committee.
The State/District Child Protection Unit is hereby directed to arrange for aftercare for the
said juvenile/child for a period of _________ (days/month) and carryout necessary follow
up. The State/District Child Protection Unit is also directed to clearly lay down the terms
and conditions for aftercare programme and carryout necessary follow up.
Principal Magistrate, Juvenile Justice Board/
Chairperson/Member, Child Welfare Committee
Copy to: State/District Child Protection Unit or concerned Department of the State
Government
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FORM XX
[Rule 50(9) and 54(1)(t)]
CASE HISTORY FORM FOR CHILDREN IN NEED
OF CARE AND PROTECTION
Case/Profile No.______________
Date & Time_________________
Affix a
latest
photograph
here
A. PERSONAL DATA
1 Name
2 Male / Female (tick the appropriate category)
3 a) age at the time of admission
b) present age:
4 Category:
- Separated from family
- Abandoned/deserted
- Victim of exploitation and violence (give detail)
- Run-away
- Any other
5 Religion Hindu (OC/BC/SC/ST)
Muslim/Christian/Other (pl. specify)
6 Location of Residence Urban/Sub-urban/Rural/Slum/
Industrial/Other (Pl. specify)
7 Native District & State:
8. By whom the juvenile was brought before the Child Welfare Committee:
I. Police-Local Police/Special Juvenile Police Unit/Railway Police/Women Police
II. Probation Officers
III. Social Welfare Organization
IV. Social Worker
V. Parent(s)/Guardian (s) (please Specify the relationship)
VI. Child himself/herself
9. Reasons for leaving the family
I. Abuse by parent(s)/guardian(s)/step parents(s)
II. In search of employment
III. Peer group influence
IV. Incapacitation of parents
V. Criminal behaviour of parents
VI. Separation of Parents
VII. Demise of parents
VIII. Poverty
IX. Others (please specify)
10. Types of abuse met by the child
I. Verbal abuse – parents/siblings/employers/others (pl. specify)
II. Physical abuse – denial of food/ beaten mercilessly/ causing injury (pl. specify)
III. Sexual abuse parents/siblings/Employers/others (Pl. specify)
IV. Others – parents/siblings/employers/others (pl. Specify)
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11. Health status of the child before admission.
I. Respiratory disorders - present / not known / absent
II. Hearing impairment - present / not known / absent
III. Eye diseases - present / not known / absent
IV. Dental disease - present / not known / absent
V. Cardiac diseases - present / not known / absent
VI. Skin disease - present / not known / absent
VII. Sexually transmitted diseases - present / not known / absent
VIII. Neurological disorders - present / not known / absent
IX. Mental handicap - present / not known / absent
X. Physical handicap - present / not known / absent
XI. Others (pl. specify) - present / not known / absent
12. With whom the child was staying prior to admission
I. Parent(s) – Mother / Father / Both
II. Guardian(s) – Relationship
III. Friends
IV. On the street
V. Night shelter
VI. Orphanages / Hostels/ Similar Homes
VII. Other (pl. specify)
13. Visit of the parents to meet the child
I. Prior to institutionalization – Frequently / Occasionally / Rarely / Never
II. After institutionalization - Frequently / Occasionally / Rarely / Never
14. Visit of the child to his family
I. Prior to institutionalization –
Frequently / Occasionally / Rarely / During festival times / During summer
holidays / Whenever fallen sick / Never
II. After institutionalization
Mention dates : DD.MM.YY
15. Correspondence with parents –
I. Prior to institutionalization –
Frequently / Occasionally / Rarely / During festival times / During summer
holidays /Whenever fallen sick / Never
II. After institutionalization –
Frequently / Occasionally / Rarely / During festival times / During summer
holidays /Whenever fallen sick / Never
B CHILDHOOD HISTORY (up to the age of 12 years)
16. Details of immunization provided
17. Details of handicap
I. Hearing impairment By birth/ After accident/ diseases
II. Speech impairment By birth/ After accident/ diseases
III. Physical handicap By birth/ After accident/ diseases
IV. Mental handicap By birth/ After accident/ diseases
V. Others (please specify)
C. FAMILY DETAILS :
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18. Household Composition:
S. No. Name &
Relationship
Age Sex Education Occupation Income
1 2 3 4 5 6 7
Health History of Mental illness Handicap Habit Socialization
8 9 10 11 12
19. Type of family:
Nuclear family / joint family/ broken family
20. Relationship among the family members:
I. Father & mother Cordial/ Non cordial/ Not known
II. Father & child Cordial/ Non cordial/ Not known
III. Mother & child Cordial/ Non cordial/ Not known
IV. Father & siblings Cordial/ Non cordial/ Not known
V. Mother & siblings Cordial/ Non cordial/ Not known
VI. Juvenile & siblings Cordial/ Non cordial/ Not known
21. History of crime committed by family members:
S. No. Relationship Nature of crime Arrest if any
made
Period of
confinement
Punishment
awarded
1. Father
2. Step-father
3. Mother
4. Step-mother
5. Brother
(a)
(b)
(c)
(d)
6. Sister
(a)
(b)
(c)
(d)
7. Child
8. Others (uncle/
aunty/
grandparents)
22. Parental care towards juvenile before admission:
I. Over protection
II. Affectionate
III. Attentive
IV. Not affectionate
V. Not attentive
VI. Rejection
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D. ADOLESCENCE HISTORY (Between 12 and 18 years)
23. Puberty
Early
Middle age
Late
24. Details of delinquent behaviour if any
I. Stealing
II. Pick pocketing
III. Arrack selling
IV. Drug pedaling
V. Petty offences
VI. Violent crime
VII. Rape
VIII. None of the above
IX. Others (please specify)
25. Reason for delinquent behaviour
I. Parental neglect
II. Parental overprotection
III. Parents criminal behaviour
IV. Parents influence (negative)
V. Peer group influence
VI. To buy drugs/alcohol
VII. Others (pl. specify)
26. Habits
A B
i) Smoking i) Watching TV/movies
ii) Alcohol consumption ii) Playing indoor/outdoor games
iii) Drug use (specify) iii) Reading books
iv) Gambling iv) Religious activities
v) Begging v) Drawing/painting/acting/singing
vi) Any other vi) Any other
E. EMPLOYMENT DETAILS
Employment details of the juveniles prior to entry into the Home:
S.No. Details of employment Duration Wages earned
I. Cooly
II. Rag picking
III. Mechanic
IV. Hotel work
V. Tea shop work
VI. Shoe polish
VII. Household works
VIII. Others (pl. specify)
27. Details of income utilization:
I. Sent to family to meet family need
II. For dress materials
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III. For gambling
IV. For prostitution
V. For alcohol
VI. For drug
VII. For smoking
VIII. Savings
28. Details of savings
I. With employers
II. With friends
III. Bank/Post Office
IV. Others (pl. specify)
29. Duration of working hours
I. Less than six hours
II. Between six and eight hours
III. More than eight hours
F. EDUCATIONAL DETAILS
30. The details of education of the juvenile prior to the admission to Children’s Home
I. Illiterate
II. Studied up to V Standard
III. Studied above V Std but below VIII Standard
IV. Studied above VIII Std but below X Standard
V. Studied above X Standard
31. The reason for leaving the School
I. Failure in the class last studied
II. Lack of interest in the school activities
III. Indifferent attitude of the teachers
IV. Peer group influence
V. To earn and support the family
VI. Sudden demise of parents
VII. Rigid school atmosphere
VIII. Absenteeism followed by running away from school
IX. Others (pl. specify)
32. The details of the school in which studied last:
I. Corporation/Municipal/Panchayat Union
II. Government/SC Welfare School/BC Welfare School
III. Private management
IV. Convents
33. Medium instruction:
Hindi/English/Urdu/Tamil/Malayalam/Kannada/ Telugu
Other language (please specify)
34. After admission to Children’s Home, the educationl attainment from the date of
admission till date;
No. of years Class studied Promoted /detained
44. Vocational training undergone form the date of admission into Children’s Home till
date.
No. of years Name of Vocational Trade Proficiency Attained
35. Extra curricular activities developed form the date of admission into the Children’s
Home till date
I. Scout
II. Sports (please specify)
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III. Athletics (please specify)
IV. Drawing
V. Painting
VI. Others (pl. specify)
G. MEDICAL HISTORY
36. Height and weight at the time of admission:
37. Physical condition:
38. Medical history of child (gist):
39. Medical history of parent/guardian (gist):
40. Present health status of the child:
Sl. No.
1.
Annual Observation
Date of review
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
2. Height
3. Weight
4. Nutritious diet given
5. Stress disease
6. Dental
7. ENT - Tonsils
8. External eye problem :
vision
Left
Right
41. Height and Weight Chart:
Date, Month & Year Height Admissible weight Actual weight
H. SOCIAL HISTORY
42. Majority of the friends are
I. Educated
II. Illiterate
III. The same age group
IV. Older in age
V. Younger in age
VI. Same sex
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VII. Opposite sex
VIII. Association with gangs
43.The reaction of the society when the child first came out of the family
I. Supportive
II. Rejection
III. Abuse
IV. Ill-treatment
V. Exploitation
44. The reaction of the police towards children
I. Passionate
II. Cruel
III. Abuse
IV. Exploitation
V. Ill-treatment
45. The response of the general public towards the child
HISTORY OF THE CHILD (GIST)
i. Education
ii. Health
iii. Vocational training
iv. Extra curricular activities
v. Others
Suggestion of Child Welfare Officer/ Probation Officer after orientation to
juvenile/child and the response towards orientation.
Follow up by Child Welfare Officer/ Probation Officer/ Case Worker/ Social
Worker Quarterly Review of Case History by Management Committee
SUPERINTENDENT/
WELFARE OFFICER/PROBATION OFFICER
FORM XXI
[Rules 50(12)(a), 54(1)(o) and 87(1)(k)]
INDIVIDUAL CARE PLAN
Individual care plan for each child shall be prepared following the principle of
the best interest of the child. In preparing individual care plan the care options in the
following order of preferences shall be considered:
(i) Preserving the biological family
(ii) Kinship Care
(iii) In-country adoption
(iv) Foster Care
(v) Inter-country Adoption
(vi) Institutional Care
Case/Profile No. of 20____(year) of the Board/Committee
Admission No.
Date of Admission:
A. PERSONAL DETAILS
1. Name of the Child:
2. Age:
3. Sex: Male/Female
4. Father’s/Mother’s name:
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5. Nationality:
6. Religion/caste:
7. Educational Attainment:
8. Summary of Case History:
Health needs
Emotional and psychological support needed
Educational and Training needs
Leisure, creativity and play
Attachments and Relationships
Religious beliefs
Protection from all kinds of abuse, neglect and maltreatment
Social mainstreaming
Follow-up post release/restoration
B. FORTNIGHTLY PROGRESS REPORT OF PROBATIONER
Part One
1. Name of the Probation Officer/Case Worker
2. For the month of
3. Registration No.
4. Competent Authority
5. Profile No.
6. Name of the Child
7. Date of Supervision Order
8. Address of the Child
9. Period of Supervision
Part Two
Places of interview Dates
…………………... ………………
…………………... ………………
…………………... ………………
1.Where the child is residing?
2.Progress made in any educational/training course.
3.What work he/she is doing and his/her monthly average earning, if employed.
4.Savings kept in the Post Office.
5.Savings Bank Account in his/her name.
6.Remarks on his/her general conduct and progress.
7.Whether property cared for?
Part Three
1. Any proceedings before the competent authority of or
(a)Variation of conditions of bond
(b)Change of residence
(c)Other matters
2. Period of supervision completed on…………………
3. Result of supervision with remarks (if any)
4. Name and Addresses of the parent or guardian or fit person under whose care the
juvenile is to live after the supervision is over.
Date of report_____________Signature of the Probation Officer/Case Worker_______
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C. PRE-RELEASE REPORT
Tick whichever is applicable
Final Release Transfer
1. Details of place of transfer and concerned authority responsible in the place of
transfer/release
2. Details placement of the juvenile/child in different institutions
3. Training undergone and skills acquired
4. Final progress report of the officer-in-charge/probation officer/child welfare
officer/case worker/social worker (to be attached)
5. Date of release/transfer
6. Date of repatriation
7. Requisition for escort if required
8. Identification of escort
9. Recommended rehabilitation plan including possible placements
10. Sponsorship requirement and report, if applicable
11. Identification of Probation Officer/Case worker/social worker/non-governmental
organization for post-release follow-up
12. Memorandum of Understanding with non-governmental organization identified for
post-release follow-up
13. Identification of sponsorship agency/individual sponsor for the child post-release, if
any
14. Memorandum of Understanding between the sponsoring agency and individual
sponsor
15. Details of Savings Account of the child, if any
16. Details of child’s earnings and belongings if any
17. Details of awards/rewards due to the child if any
18. Opinion of the child
19. Any other information
Note: Pre-release report shall be prepared 6 months prior to the date of release/transfer
of juvenile/child and shall take into account the recommendations of the last review
report and all other relevant information.
D. POST-RELEASE REPORT
1. Status of Bank Account : Closed / Transferred
2. Earnings and belongings of the child : handed over to the child or his/her
parents/guardians – Yes/No
3. First interaction report of the probation officer/child welfare officer/case
worker/social worker/non-governmental organisation identified for follow-up with the
child post-release
4. Placement of the juvenile/child if any
5. Family’s behaviour towards the child
6. Social milieu of the child, particularly attitude of neighbours/community
7. How is the child using the skills acquired?
8. Whether the child has been admitted to a school or vocation? Give date and name of
the school/institute/any other agency
9. Report of second and third follow-up interaction with the child after two months and
six months respectively
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FORM XXII
[Rule 65(2)]
ESCORT ORDER
Case No……………. In the matter of Boy/Girl Child
……………………………….
Aged about………year taken
Charged for sole custody under
Section 33(3) of the Juvenile
Justice Act 2000
The Parents of the boy/girl child are reported to be residing at:
He/She therefore be sent under supervision of a proper police/ non-governmental
organization escort to the________________________________________.
For tracing and for handing over to the parents or close relatives of the said Boy
Child/Girl Child residing at the aforesaid address or at other Place which may be shown
by the Child, if no such parents or relative are traced or if traced but they are unwilling
to take charge of the boy/girl be kept in the custody of the
Superintendent…………………………….Children’s Home and the said Boy/Girl
child be produced before the concerned Child Welfare Committee for further orders.
Orders
Pending Escort, the said Boy/Girl Child shall remain in Children’s Home, residing at
present at ______________________The State/District Child Protection Unit, or Police
Department or non-governmental organization/ Childline shall positively make
immediate arrangement not less than 15 days from the date of receipt of this order by
him and send the said Boy Child/Girl Child at his/her aforesaid place of residence.
Dated this…………………..day of……………………..200………… .
Chairperson/Member
Child Welfare Committee
CC to:
1. The Superintendent, Children Home,.
2. The State/District Child Protection Unit or non-governmental organization or
Childline
Ref.: 1. Order of admission of minor…………born on………..Profile No……………..
FORM XXIII
[Rule 11(1)(b)]
INTIMATION OF APPREHENSION
DATE :
Sir/Madam,
1. You [Name of Parents/Guardian/Concerned Officer], [W/o / S/o / from name>] are hereby informed through this intimation that [name of juvenile
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alleged to be in conflict with law] has been apprehended by [Police Station] on
the ground of him being found in conflict with law under [Section……….] of
[name of Act] on [Date & Time]. He/she has been apprehended from
[Description of place] by the undersigned.
2. [Description of circumstances in which juvenile alleged to be in conflict with
law has been found to be in conflict with law].
3. Juvenile [Name] has been kept at [address of the place where Juvenile has been
kept at present] and he is being brought before Juvenile Justice Board at [Full
address of Juvenile Justice Board] on [Date & Time] and you are requested to
be present there.
Sd/
[Name and Signature of Concerned officer
From Special Juvenile Police Unit/Officer
In charge of the Police Station]
[Name of Police Station]
[Date]
CC.
1. Juvenile Justice Board [Full Address]
2. Concerned Probation Officer
________
FORM-XXIV
REQUEST FOR MEDICAL EXAMINATION
Case FIR/D.D.
No……………….Date………………….U/s……………………………...
P.S…………………………………….Distt.
……………………………………….Delhi.
To,
The Chief Medical Officer
…………………………..
…………………………..
……………………..Delhi
Subject: Request for Medical Examination
Sir,
With due respect I am sending Master/Ms………………………………………
S/o, D/o, W/o Sh…………………………………………………………………………
R/o………………………………………………………………………………………
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…………………………………………………….Age…………………………………
in the custody/protection of 1. Const………………………………….No. …………….
2. W/Const. …………………………………………….. No. ………………………….
It is therefore, requested that the child/patient may kindly be medically
examined
And opinion regarding his/her injuries/ailment may be furnished.
Thanking you,
Name of JWO ……………………………
P.S ………………………………….
Distt…………………….Delhi/New Delhi
Date……………………
FORM – XXV
APPREHENSION MEMO
FIR No./D.D. No……………….. U/S ………………………… Date ………………...
Police Station ……………….. District……………………………………...
1. Name of the child with alias (if any) ……………………………………
2. Present address of the Child ……………………………………
……………………………………
3. Permanent address of the child ……………………………………
……………………………………
4. FIR/ DD No. & Section (s) of Law ……………………………………
……………………………………
5. Place of apprehension ……………………………………
6. Date & time of apprehension ……………………………………
7. Name, address & telephone number ……………………………………
of the person informed …………………………….……..
about apprehension ……………………………………
8. Relation of the person with juvenile ……………………………………
9. Name, Rank and No. of the officer, …………………………………
97
98
Making the apprehension ……………………………………
……………………………………
10. Name, Rank and No. of the, ……………………………………
Juvenile Welfare Officer ……………………………………
Witnesses with Address
1. ………………………………………….
………………………………………….
2. …………………………………………
…………………………………………
3. ………………………………………...
………………………………………...
Signature by Patent/ guardian/
Probation Officer/ Social Welfare
Signature of Juvenile Welfare Officer
PS ………………. Delhi/ New Delhi……………………………………
Note : One copy to be delivered to the member of Child’s family.
FORM -XXVI
PERSONAL SEARCH MEMO
FIR No./D.D. No……………….. U/S ……………………… Date ………………...
Police Station …………………………….. District…………………………Delhi.
In the presence of the following witnesses the personal search of
Master/Ms…………………………………. S/o ………………………………………..
Address …………………………………………………………………………………
………………………………………………………………………………………….
Telephone No.
……………………………………………………………………………...
Was conducted as per law under the provisions of Sec.51 of Cr.P.C. and following
articles have been recovered from his/her possession and the same have been taken into
the police possession, through this memo.
98
99
1. ……………………………………………………………………………………
2. ……………………………………………………………………………………
3. ……………………………………………………………………………………
4. ……………………………………………………………………………………
5. ……………………………………………………………………………………
6. ……………………………………………………………………………………
Witness (with name & address):-
1) ……………………………………………………………………………………
……………………………………………………………………………………
2) ……………………………………………………………………………………
…………………………………………………………………………………
Sd Juvenile or Child Welfare Officer
P.S. ……………………………..
Date …………………………….
FORM – XXVII
UNDERTAKING
Undertaking to be given by parent/ guardian/ fit person in whose custody
juvenile/ child in conflict with law (JCL)/ Child in need of care and protection
(CNCP) is released by a police officer.
Case No. ……………………… of ……………………………………………. 20…..
WHEREAS …………………………………………… has been found to be in
conflict with law/ in need of care and protection, and has been placed under the care
and supervision of
(Name) ……………………………………… (Address) ……………………………
……………………………………………………………………………………….....
Subject to following conditions, that :-
1. The child shall be produced before the Juvenile Justice Board (JJB)/ Child
Welfare Committee (CWC) as and when required by me.
2. The child shall remain under my supervision.
99
100
3. The child shall reside at ……………………………………………………and
address of child shall not be changed without information to the
JWO/JJB/CWC.
4. The child shall go to school regularly.
5. The child shall be permitted to make endeavour to earn an honest livelihood.
6. I shall arrange for the proper care, education and welfare of the child.
7. The child shall not be allowed to associate with undesirable characters and
shall be prevented from coming in conflict with law again.
8. The child shall be prevented from taking Narcotic Drugs or Psychotropic
Substances or any other intoxicants.
This …………….day of ………………………,………200
Signature of parent/guardian/fit person
Counter signed by JWO
PS…………………….
Delhi/ New Delhi
FORM – XXVIII
SOCIAL BACKGROUND REPORT
Under Juvenile Justice (Care and Protection of Children) Rules, 2007
For Under Rule 11 (6)
PERSONAL HISTORY
1. Name of the child …………………………………………………………….
2. Age (attach proof/ documents) …………………………. 3. Sex ……………
4. Religion ………………………………………. 5. Caste ……………………
6. Educational Qualification (child studying in school) :
Name of the school
………………………………………………………………...
…………………………………………………………………
Name of the school (last attended in case child is a school drop-out) ………..
……………………………………………………………………………………
100
101
7. Whether child is working (if yes, mention details) : …………… Yes/ No …….
Nature of work ……………………………………………………………….....
Place of work ……………………………………………………………………
Address of work place …………………………………………………………..
Name of the Employer/Firm/Company …………………………………………
Telephone No. …………………………………………………………………..
8. Residential address/contact number (with landmark):
Present Address ………………………………………………………………….
……………………………………………………………………………………
Telephone No. ……………………………………………………………………
Permanent Address ……………………………………………………………...
……………………………………………………………………………………
Telephone No. ………………….. (Landmark) ………………………………
9. Does child has any history of addiction to Drugs/Alcol/Tobacco items.
If yes, Specify the same …………………………………………………………
……………………………………………………………………………………
FAMILY BACKGROUND
Members of
the family
Name/
Age
Health
(Disability,
if any)
Education Occupation Monthly
income
Any habit of
Drugs,
Alcohol,
Tobacco
Father
Mother
Siblings (if
married please
specify)
Any other legal
guardian
10. Date, time and place of apprehension ……………………………………………
101
102
11. Date, time and place of sharing information with the parents/guardian/fit
person:
……………………………………………………………………………………
PS Reference ………………………………….. DD No. ………………………
12. Where the child kept during custody of police/JWO:
……………………………………………………………………………………
Name of Juvenile Welfare Officer/Police officer in whose custody child kept :
……………………………………………………………………………………
CASE BACKGROUND
DD Entry No. ……….. FIR No …………….. Police Station ………………………
Section of law ………………………………………………………………………..
Any audlt involved in this case : (if yes, give details) …………………………………..
…………………………………………………………………………………………
Name of Investigation/ Handling officer with contact number :
………………………………………………………………………………… PIS No.
………………………………….. Telephone No. ……………………………..
Name of Juvenile Officer with contact number :
…………………………………………………………………………………………
PIS No. ……………………………… Telephone No. …………………………………
Name & Signature of JWO …………….
Date ………………………
102

Right To Be Heard

2009-09-14T23:48:00.000-07:00

Attached is the final version of the General Comment on Art. 12 released by the CRC Committee on 20 July 2009.

http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC-C-GC-12.doc

International Colloquium on Children and Governance_HAQ Report

2009-09-11T00:36:00.000-07:00

Colloquium on Children and Governance_HAQ Report

To Download and Read the the Report please follow the link

http://www.haqcrc.org/fileadmin/home/Latest_from_haq/COLLOQUIM%5Bshort%20report1%5D.pdf

"Child Beggar" trailed by Beggar's Court

2009-09-07T21:44:00.000-07:00

Please visit the link and see the apathy of the officials in dealing with the case of "child in need of care and protection" into a beggar "criminal"...

http://epaper.mailtoday.in/Details.aspx?boxid=53625&id=27474&issuedate=792009

4 year old under Gangster Act

2009-09-02T23:13:00.000-07:00

This is about the story covered in Hindustan Times, Uttar Pradesh edition on 2nd September 2009 and written by Mr. Anuraag Singh in which he shared tale of a 4-yr-old boy who was arrested in firing at police and lifting cars as claimed by Uttar Pradesh cops and from 2005 the child with his parents running in the court.

http://www.hindustantimes.com/india-news/uttarpradesh/4-yr-old-shot-at-police-and-lifted-cars-claim-UP-cops/Article1-449401.aspx

The provisions avaliable under Indian Legal System

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 as amended in 2006
(Act No. 56 of 2000)

Sec 2 (g). "competent authority" means in relation to children in need of care and protection a Committee and in relation to juveniles in conflict with law a Board;

Section 2 (k). "juvenile" or "child" means a person who has not completed eighteenth year of age;

Sec 2 (l). "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;

Section 7. Procedure to be followed by a Magistrate not empowered under the Act.- (1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is a juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child, and the record of the proceeding to the competent authority having jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the juvenile or the child had originally been brought before it.

Rules under the Juvenile Justice (Care and Protection of Children) Act 2000 (56 of 2000) (as amended by the Amendment Act 33 of 2006) to be administered by the States

I. Principle of presumption of innocence:
(a) A juvenile or child or juvenile in conflict with law is presumed to be innocent of any malafide or criminal intent up to the age of eighteen years.
(b) The juvenile’s or juvenile’s in conflict with law or child's right to presumption of innocence shall be respected throughout the process of justice and protection, from the initial contact to alternative care, including aftercare.
(c) Any unlawful conduct of a juvenile or a child or a juvenile in conflict with law which is done for survival, or is due to environmental or situational factors or is done under control of adults, or peer groups, is ought to be covered by the principles of innocence.
(d) The basic components of presumption of innocence are:

(i) Age of innocence
Age of innocence is the age below which a juvenile or child or a juvenile in conflict with law cannot be subjected to the criminal justice system. The Beijing Rule 4(1) clearly lays down that “the beginning of the age of criminal responsibility shall not be fixed at too low an age level bearing in mind the facts of mental and intellectual maturity”. In consonance with this principle, the mental and intellectual maturity of juvenile or child or a juvenile in conflict with law below eighteen years is considered insufficient through out the world.

Goonda or Gangster Act provides for preventive detention up to three months and imposes stringent conditions for bail.

Rule 11. Pre and Post-Production action of police and other agencies:
Sub rule (11) In dealing with cases of juveniles in conflict with law the Police or the Juvenile or the Child Welfare Officer from the nearest police station, shall not be required to register an FIR or file a charge-sheet, except where the offence alleged to have been committed by the juvenile is of a serious nature such as rape, murder or when such offence is alleged to have been committed jointly with adults; instead, in matters involving simple offences, the Police or the Juvenile or the Child Welfare Officer from the nearest police station shall record information regarding the offence alleged to have been committed by the juvenile in the general daily diary followed by a report containing social background of the juvenile and circumstances of apprehension and the alleged offence and forward it to the Board before the first hearing.

Rule 96. Application of these rules: It is hereby declared that until the new rules conforming to these rules are framed by the State Government concerned under section 68 of the Act, these rules shall mutatis mutandis apply in that State.

Indian Penal Code 1860

82. Act of a child under seven years of age –
Nothing is an offence which is done by a child under seven years of age.

83. Act of a child above seven and under twelve of immature understanding –
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Budget for `Aam Aadmi’ leaves children out

2009-07-09T23:10:00.000-07:00

Less Spending, More Debt for India’s Children

UNION BUDGET 2009-10 AT A GLANCE

Union Budget 2009-10, the first budget of the second United Progressive Alliance government that’s still basking in the glory of a resounding election victory, gets a thumbs-down from India’s children for two reasons. First, it hardly has any new scheme for children, except some reorganization in education, nor is there more money. Second, it has managed to place a fresh debt burden of Rs 3500—and rising—on the head of every Indian, including 450 million persons less than 18 years’ old.

According to calculations made by HAQ: Centre for Child Rights, which has been analysing central and state budgets from a child rights perspective for ten years, the Budget for Children for the current fiscal is only Rs 43104.16 crore. In other words, the amount of money allocated to various children’s programmes is only 4.21 per cent of the record Rs 10.20 lakh crore of total expenditure budgeted for 2009-10. This is the lowest share accorded to children in the last four years—as table 1 shows, the BfC share was 3.85 per cent in 2005-06. This is much less than the 5.31 per cent share for children budgeted for 2008-09 as well as the reduced share of 4.31 per cent in the revised estimates of that year.

In fact, the BfC share comes to even less -- 3.88 per cent—if we take into account Statement 22 of the Expenditure Budget 2009-10 document, defined as Budget Provisions for Schemes for the Welfare of Children, prepared by the finance ministry. This `children’s budget statement’ was initiated by former finance minister P Chidambaram last fiscal, and this year’s statement shows a few glaring omissions of schemes probably due to departmental tardiness and is therefore smaller than HAQ estimate.

Reduced allocation across sectors

Despite unveiling India’s biggest budget in history that ostensibly aims at making life easier for the `aam aadmi’, the government has forgotten about its children who constitute 44 per cent of its people. As one can see from table 2, across sectors, the share of children’s schemes has declined, except for a small rise in health. Must children continue to be treated as secondary citizens?

Education

The share of education has declined from 3.84 per cent last fiscal to 3.03 per cent, although Rs 3084.98 crore has been allocated just for the new schemes. This is because a few schemes have been wound up or merged with other schemes. For instance, the New Model School which had an allocation of Rs 650 crore in 2008-09, has no allocation while there is an allocation of Rs 350 crore under the new head of Setting up of 6000 Model Schools at Block Level as Benchmark of Excellence. Even the Scheme for Universal Access and Quality Education at Secondary Stage (SUCCESS) has no allocation this year against Rs 2185 crore in 2008-09.

Similarly, the centrally sponsored scheme of Integrated Education for Disabled Children (IEDC) was launched in 1974 to provide educational opportunities to disabled children in common schools is revised to Inclusive Education for disabled at Secondary Schools (IEDSS) at the secondary stage. The IEDC allocation of Rs. 70 crore last fiscal has been shifted to IEDSS in 2009-10. Does it mean that there are no disabled children left to be integrated at the elementary stage?

There’s finally an allocation for the Rashtriya Madhyamik Shiksha Abhiyan scheme that was conceptualized in 2007 and approved only in January 2009. But there has been no change in the outlay for the showcase schemes of Sarva Shiksha Abhiyan (for 6-14 age group) and Midday Meal Programme from last year. The government seems to be treating the 15-16 age group as a separate entity from the 6-14 age group, not pausing to think that there’s no secondary education without consistent and quality elementary education that doesn’t force children to drop out of school!

In fact, the budget’s single-minded focus on higher and vocational education schemes, in a year that is expected to enact the Right of Children to Free and Compulsory Education Act, makes it abundantly clear that our politicians want to build employable citizens for the 12 million jobs it is promising, not ensure that they get real education in schools. With so little interest amongst politicians in actually getting India's children educated, one can safely assume that the RMSA will end up being run like the SSA.

Health

The only sector where the BfC share has gone up from 2008-09 is health. This is mainly because of the 16.16 per cent rise in the allocation for the National Rural Health Mission, including a 25.7 per cent increase in the allocation for the Reproductive and Child Health Programme (HAQ does not take into account the entire NRHM for child budget analysis). Yet, as the government’s own Economic Survey 2008-09 admits, though there has been improvement in the quality of health care over the years much more needs to be done.

Development

The flagship scheme in this sector, the controversial but essential Integrated Child Development Scheme (ICDS) has received a meagre 8.28 per cent raise in allocation to Rs. 6026.30 crore. Nutritional development of little children is clearly not a priority anymore for the government because the goalpost of universalization of ICDS has also been moved to 2012, as against the deadline of December 2008 prescribed by the Supreme Court and the original deadline of 2009 in the National Common Minimum Programme 2004. No wonder then that the share of the development sector allocation in the Union Budget has actually fallen from 0.87 per cent in 2008-09 to 0.69 per cent.

Protection
In March, when the long-awaited Integrated Child Protection Scheme was approved, thanks to pressure from children’s rights groups such as HAQ, but the disappointing outlay for the scheme in its very first year of operation raises questions about the government’s intention of implementing it. ICPS, a holistic scheme to build a protective environment for children nationwide, was to work as a unique umbrella scheme for protection replacing all running schemes. It got Rs 200 crore last fiscal, including Rs 20 crore for the North-east, but now it’s down to Rs 60 crore including Rs 6 crore for NE. The government also seems to have given up on rehabilitating child labour with the allocation for Improvement in Working Conditions of Child/Women Labour scheme down by over 42 per cent to Rs 90 crore in 2009-10. As a result, protection has the least and minimal share of budget resources; out of every Rs 1000 spent in the Union budget, protection gets just 2 paise.

Food security still a promise

The massive rise in expenditure this fiscal, up 36 per cent in just one year from the budget estimates in 2008-09 is directed mainly at an economic stimulus package for agriculture and infrastructure and a 25 per cent hike in defence outlay. Among these, the only two measures that somewhat benefit children are: the promised National Food Security Act to give 25 kg of rice or wheat per month at Rs 3 per kg, and the Rs 350 crore allocation for the health insurance scheme launched last year, both aimed at the poorest families. More than 46 lakh below poverty line families in 18 states and Union territories have been issued biometric smart cards for the scheme, the finance minister said in his speech. But, since the cheap grain is a promise, the huge expenditure for it is not part of the budget and, we can safely assume, will add to the debt burden later in the year when this promise is actualized.

Also, there’s no guarantee that cheap grain-type schemes actually benefit families, including children. Evidence, in the form of research studies, sample surveys and monitoring exercises, suggest to the contrary. As the Economic Survey 2008-09 admits, “the reach of public goods and quasi public goods and services supplied by the state to people still leave a lot of scope for improvement. There are still leakages in the schemes and the benefits do not reach the intended target group of people.” HAQ’s many budget analyses have found that allocations for such schemes suffer from large-scale under-spending at the ground level because of poor project planning, lack of interest of the state and misuse of funds.

A generational burden

Even as the government has decided to spend more to work its way out of the slowdown, its plan can have undesirable side effects. A lot of this money will come from borrowing as tax income growth will be slow. Thus interest payments are slated to shoot up by 31.85 per cent in two years, to Rs 225511 crore in budget 2009-10 compared to the actual estimate of 2007-08. It could be higher, because the fiscal deficit, the new borrowing expected to be made in the current fiscal by the government to meet the massive expenditure programme, has been estimated at a record 6.8 per cent of the gross domestic product, the highest since liberalization began in 1991!

As a percentage of the GDP, thus, the fiscal deficit has gone up by one and a half times over the actual estimate of 2.7 per cent in 2007-08. In numerical terms though, the deficit has more than doubled in the same time to Rs 400996 crore. The slower rise in the deficit in terms of the GDP is because growth has shrunk in the last year due to the global financial crisis, dipping to 6.7 per cent in 2008-09 compared to the previous five-year average of 9 per cent. Economists describe a high debt and fiscal deficit as “a generational burden” as India’s children will have to pay off the cumulative interest burden in the future and bear the resultant pressure on prices and loan rates.

Still out of Focus:Status of Children in India 2008

2009-02-12T03:54:00.000-08:00

Still out of Focus:
Status of Children in India 2008

Summary Report

HAQ's Third Status Report on India's children comes at a time when the country is trying to build the image of an emerging economic power, even while contending with a deepening global economic slowdown, preparing itself to host the Commonwealth Games 2010, grappling with the challenges from natural and environmental disasters, and fighting terrorism, insurgency and communal-ethnic violence tearing at its social fabric.

A country that has the resources to send an unmanned spacecraft to the moon is however unable to save its children from starvation. Ranking India 66th among 88 countries, the Global Hunger Index 2008 shows that despite close to 9 per cent economic growth for the past five years, the hunger situation here is the second worst in Asia and worse than in 25 Sub-Saharan nations. UNICEF has warned that the current global food crisis, with escalating food inflation, has placed more than 150 million children in India at the risk of becoming malnourished.[1] Madhya Pradesh is the hungriest state in the country, followed by Jharkhand and Bihar.[2] Emerging challenges such as rising food prices and diversion of global resources to bio-fuels are severely impacting poor families, who have to cut back on the number of meals in a day. This has a dramatic impact on child nutrition because children need to be fed frequently.[3] Without a major policy shake-up and more efficient implementation of the nutrition programmes, India is unlikely to reach the millennium development goal by 2015.

The influence of "corporatisation" of the social sector is there for all to see. Education, health care sectors are already seeing increasing privatisation. Abdication of state responsibility is evident in the increasing moves to hand over the running of institutions, such as care institutions for children to private bodies. This is evident in the raging debate in the government over pre-cooked packaged food versus hot meals for children, first in the mid-day meal scheme and now in the Anganwadis, and the tremendous increase in expenditure on basic services such as education and health. While an average working class family was spending around Rs. 25 per month on education of their children in 1981-82, the amount increased around 1150 per cent, or by almost 12.5 times, to Rs. 306 in 1999-2000. Similarly, expenditure on health care went up by 1037 per cent and on housing by 935 per cent.[4]

Yet, even as average income rises and poverty level goes down, hunger and inequality are on the rise in many parts of India. Growing consumerism, conflict and violence, lack of access to education and health, and exclusionary policies are contributing to making children more vulnerable. No child is safe, and girl, Dalit, disabled, tribal and minority children are more at risk because of their already marginalised socio-economic status.
For millions of children across India, their basic right of having their birth registered is still not fulfilled. The official recording of a child's birth is the most important event in a child's life. It establishes the existence of the child under law and provides the foundation for her to exercise many of her rights, including access to adequate early childhood care that ensures her maturing into a healthy and able citizen.[5]

About the Status Report 2008

This year's status report thus focuses on exclusion and discrimination. Despite constitutional guarantees and legal provisions, children continue to be discriminated on the basis of caste, ethnicity and gender. Children with disabilities are excluded from mainstream education, and other basic services that should be available to all children.Despite constitutional guarantees and legal provisions, children continue to be discriminated against on the basis of caste, ethnicity and gender. Discrimination is at the base of many child rights violations. Indeed, an analysis of the programmes and the way they are implemented in the country often leads to further marginalisation and exclusion. Is that we would refer to as “planned development”? Children from certain socio-economic backgrounds who are poor and belong to minority, tribal, dalit or migrant backgrounds face discrimination in a number of ways. They are disproportionately represented among juveniles who are imprisoned, are less likely to be able to access education and health care services, more likely to be victims of violence and exploitation, trafficked and recruited as child soldiers.

In its work for and with children, HAQ has always stood beside the most vulnerable and excluded. With a clear mandate to mainstream children's issues into all development agenda, while working towards policy change and governance so as to ensure spaces for children, HAQ strives to draw attention to the most vulnerable and the most discriminated in all its work. This year's report thus focuses on exclusion and discrimination; beginning with the very first discrimination that children suffer is on account of their age - as children resulting in their non-recognition as citizens with equal rights. Even though a rights-based approach demands addressing the root causes of a problem, when it comes to planning for children, the impact of macro and micro developments in the country on children and their rights is seldom assessed and taken into account. Unless all government policies and actions, be it the agricultural policy, the drugs policy, India’s policy on displacement and rehabilitation, forest laws, mining policy and the like, are examined from a child rights lens, any attempts to address violation or denial of children’s rights will stand defeated, leaving scope for more and more children to fall out of the social security and safety net.

Copies of the report are available. Contact: info@haqcrc.org

Phone:91-1126490136/26492551
_____________________________________________________________

[1] International Food Policy Research Institute. Global Hunger Index 2008
[2] Damien Grammaticas, Food warning for Indian children BBC News, 13 2008. http://news.bbc.co.uk/2/hi/south_asia/7398750.stm.
[3] Purnima Menon, Anil Deolalikar and Anjor Bhaskar. The India State Hunger Index: Comparisons Of Hunger Across States. International Food Policy Research Institute.October 14, 2008
[4]Network for Social Acountability "http://nsa.org.in/Policybrief. "How the Working Class has Performed in the Turbulent Years of Liberalization? Preliminary Analysis of the main findings of the Working Class Income & Expenditure Survey".
[5] Jonathan Todres, Birth Registration: An Essential First Step Toward Fulfilling the Rights of All Children .Human Rights Brief. Vol. 10 No. 3 pp. 32-35. 2003.

we need to hang our head in shame

2008-11-19T22:14:00.000-08:00

We need to hang our head in shame that a mother has lost faith in our system to deliver justice to her daughter....

Goa rape case: Victim's mother withdraws charges
NDTV Correspondent
Sunday, November 09, 2008, (Goa)

The mother of the German minor, who was allegedly raped by Goa Education Minister Atanasio Monserratte's son Rohit, has withdrawn the charges against him.The German woman has written a letter to police, saying 'the whole system has failed her'.On November 5, Rohit was remanded to three days police custody by a Goa court in connection with the rape case. Rohit had surrendered before the Goa police.He was booked by Goa police on October 14 for allegedly raping the German girl and had gone missing after that.He appeared before the police on November 1 to give his statement, a few hours before the 14-year-old German girl deposed before a magistrate after initial reluctance.

Adoption and CARA website

2008-11-03T03:15:00.000-08:00

http://www.adoptionindia.nic.in/carahome.html

Please follow this link share your views/comments/suggestions:

1. Do you have any reactions about the use of the picture of a ‘naked child’ on a site that promotes adoption? especially a Government of India's offcial site?

2. As per the CARA Guidelines, the first priority is encouraging intra-country adoption. Does the picture of foreign adoptive parents on the Home Page not suggest that our Government wants to promote foreign adoptions rather than Indian?

XITH FIVE YEAR PLAN

2008-11-03T01:42:00.000-08:00

The XI th Five Year Plan is up on the Planning Commission Site. For the first time in the history Planning in India, the section on children is called Child Rights and not Child Welfare. Indeed the chapter is creatively titled Towards Women's Agency and Child Rights

As has been the trend so far, a single chapter has been dedicated to Women and Children. This does little justice to either groups. The next step is to help women and children find their own place in the planning document. Small beginnings and large steps.....we need to keep moving

http://planningcommission.nic.in/plans/planrel/fiveyr/11th/11_v1/11th_vol2.pdf

My God is a Juvenile Delinquent

2008-10-29T00:58:00.001-07:00

"A book about children in conflict with law, that focuses more on the emotional, physical and psychological issues, rather than only the legal perspective. My God is a Juvenile Delinquent dwells on the author's journey into the world of children in conflict with law, his interaction with them, their stories, their point of view, their angst and often, the loss of childhood and the ruin of countless futures".

My God is a Juvenile Delinquent
A book by Ruzbeh N. Bharucha
Published by Sainatham Communication
Cost: INR 350/- only

If you are interested in buying this book please contact:
Ms. Neena Sharma
Administrator
HAQ: Centre for Child Rights
208 Shahpur Jat
New Delhi – 110049
Tel: 011-26490136
011-26492551
Write Email: info@haqcrc.org
or neena@haqcrc.org

You can place your order by sending us a cheque in the name of HAQ: Centre for Child Rights of INR 370/- (including courier charges i.e. INR 20/- for Delhi) or INR 410/- (including courier charges i.e. INR 60/- for outside of Delhi but with in India), along with your name and complete address where the book should be delivered.

You can also buy this book from:

Full Circle
N- 8 Greater Kailash
Part – I
New Delhi: 110048
Tel: 011-29245642

Full Circle
5-B, Khan Market
New Delhi: 110003
Tel: 011-24655642

Full Circle
No: 13, Ist Floor
MGF Metropolitan
Saket
New Delhi: 110017

CABINET GIVES CHILDREN DIWALI GIFT BY DIRECTING HOT COOKED FOOD

2008-10-27T20:49:00.000-07:00

http://timesofindia.indiatimes.com/India/Death_knell_for_ready-to-eat_scheme/articleshow/3641723.cms
Death knell for Renuka's ready-to-eat scheme?26 Oct 2008, 0350 hrs IST, Nitin Sethi, TNN
NEW DELHI: Renuka Chowdhury's belligerence seems to have been lost on herCabinet colleagues. Despite a very strong pitch by the women and child
development (WCD) minister, the Cabinet has decided that hot cooked mealswould be served all over the country in the next two years under theIntegrated Child Development Service scheme.
It emerges from the Cabinet note that the GOM set up on ICDS, which TOI hadreported on earlier, is only to recommend measures for expediting the switchover to hot-cooked meals in states where this is not already being done.
In what is being interpreted as a further rebuff to the WCD minister, thepanchayati raj ministry would now be associated in implementing the scheme.Mani Shankar Aiyar, minister for Panchayati Raj had pointed out that theConstitution demanded a greater role of panchayti raj institutions in ICDSbut WCD ministry ignored the suggestions.
Instead, the WCD ministry had remained firm on its backing for ready-to-eatmeals in the face of opposition from the planning commission, the financeministry and even the PMO. While some had warned that it would lead tocentralization and consequently corruption, others had also warned that itwould be a direct threat to the health of eight crore poor children.
The Supreme Court-appointed food commissioners too wrote to the WCD ministrywarning it not to go ahead with the proposal in the face of apex courtorders requiring that middlemen and contractors of any kind not be used inproviding food under government schemes.
But the WCD ministry lobbied in favour of packaged food at the review of itsICDS revamp proposal with the finance ministry. As a consequence, thefinance ministry diluted its original vehement opposition to Chowdhury's petproject, instead suggesting that hot-cooked meals could be served if thestates so agreed.

Happy Diwali

2008-10-24T05:48:00.000-07:00

HAQ believes that children are important Actors in our society, as Citizens of Today and as Adults of the Future. We also believe that each member of society can be a child rights activist, wherever we are. All we need to do is stand up against injustice around us and stop child abuse and exploitation. Simply keep our eyes, ears, minds and hearts open. We can then hear the cry for justice.

This Diwali, HAQ:Centre for Child Rights dedicates a new blog to ALL children. This is a forum for all of us to share our concerns, comments, suggestions, queries or simply vent feelings on issues concerning children. Let us also share the small steps we have taken to fight injustice and exploitation of children in our neighborhood or community.

We can stop child abuse and exploitation now!