Comments on the Juvenile Justice (Care and Protection of Children) Bill, 2014 by Tamil Nadu Child Rights Observatory

Comments on the Juvenile Justice (Care and Protection of
Children) Bill, 2014
Introduction
The Department of Women and Child Development, Government of India has brought
out a bill on Juvenile Justice (Care and Protection of Children) bill, 2014 to replace and
repeal the Juvenile Justice (Care and Protection of Children) Act, 2000 which was
amended in 2006 and also in 2011. Child rights activists and legal experts have viewed
and advocated that frequent changes in legislation like this would hamper the very
objectives of child rights preservation, development of children and approach towards
their holistic development including the protection issues. UNICEF in collaboration with
the Tamil Nadu Child Rights Observatory organized a consultation meet with Government
Officials, activists, academics, legal experts and NGO representatives on June 28, 2014
and the outcome is given below.

Comments on the Juvenile Justice (Care and Protection of
Children) Bill, 2014 against the Sections proposed in the bill
Sl.No. Contents in the bill Comments
1. Short title, extent, commencement and
Application.
This Act may be called the Juvenile Justice
(Care and Protection of Children) Act, 2014.
The discussion was on the need for the
change in the nomenclature of the title, as
the juvenile has not been defined and the
Juvenile in Conflict with law has been
changed as Child in Conflict with Law.
Therefore, it is suggested that the title of the
Act has to be revised as Child Justice, Care
and Protection of Children Act, 2014.
2 Sub-Section 4 of Section 1:
Notwithstanding anything contained in any
other law for the time being in force, the
provisions of this Act shall apply to all -
(i) cases involving detention, prosecution or
penalty of imprisonment;
(ii) matters or processes relating to
apprehension, production before court, disposal
orders and restoration, and
(iii) Procedures and decisions related to
adoption of children and rehabilitation and
reintegration, of children, in conflict with law or,
as the case may be, in need of care and
protection, under such other law.
With regards to the sub-section (4) of
Section 1 of the bill, there is no need to
incorporate the provisions as the procedures
of apprehension, detention, prosecution etc.,
are well defined in the Criminal Code
Procedure, 1973, which is the base foe all the
adjudication agencies. Therefore, he same
could be deleted.
3 Definitions.
In this Act, unless the context otherwise
requires,—
(a) “abandoned child” means a child
deserted by his biological or adoptive
parents or guardians, who has been
declared as abandoned by the Committee
after due inquiry;
Section 2 (a) in the definition of abandoned
child the incorporation of adoptive parents
have no authority abandoned the child. It
they don’t want to keep the child, the child
has to be brought before the competent
authority. Incorporating such provisions
would make the very objective of adoption is
a mockery. Further, incorporating the
guardian could also explore the possibility of

the members of extended families to remove
children from the families and abandoned
them in order to get the children being
placed in adoption. Therefore, the
participants expressed to delete the
words “or adoptive parents or
guardians”
4 Section 2 (i)
Child in conflict with law‖ means a child who
is found by the Board to have committed an
offence and who has not completed eighteen
years of age as on the date of commission of
the offence;
In Section 2 (i) the term child in conflict with
law means a child who is alleged to have
committed an offence and has not completed
the eighteen years of age on the date of
commission of crime shall be substituted.
The reason for the same is simple. Before the
board to handle a child, the child comes and
interfaces with the police, probation officers.
Bring the child before the board for the
violation of law or for infringing criminal laws
involve the intervention by police and
probation officer. Therefore, the definition
has to be retained as it is in the existing Act
that has defined the Juvenile in Conflict with
Law
5 Section 2 (j) (ii)
who is found begging, or living on the street,
or working in contravention of Child
Labour (Prohibition and Regulation) Act,
1986, irrespective of whether the child is
living with or without a family or any
home or settled place of abode;
In Section 2 (j) (ii), the incorporation of the
in contravention of Child Labour (Prohibition
and Regulation) Act, 1986 irrespective of
whether the child is living with or without a
family or any home or settled place of abode
has to be revisited. The UNCRC emphasizes
the right of a child to family and especially
the natural family. Incorporating such
provisions would not only undermine the
right of a child to have family but also push
children into a system unnecessarily besides

prompting the institutionalization of children.
Therefore, in contravention of Child
Labour (Prohibition and Regulation)
Act, 1986 irrespective of whether the
child is living with or without a family
has to be deleted from the definition.
6 Section 2 (j) (iv)
who is mentally ill or mentally or physically
challenged or suffering from terminal or
incurable disease, having no one to support or
look after or having parents or guardians,
unfit or unable to take care, if found so by
the Competent Authority;
Section 2 (j) (iv) the words or having parents
or guardians, unfit or unable to take care, if
so by the competent authority have to be
deleted as the same has been covered in the
following provisions in Section 2 (j) (v).
7 Section 2 (k) “child friendly” means any
interpretation, practice, process, attitude,
environment or treatment that is
humane, considerate and in the best
interest of the child;
Section 2 (K)- thee definition of Child friendly
should be in the preamble or should be found
place in the Rules to be framed and not in
the Act, as the definition could not be legally
maintainable and could be used
conveniently.
8 (m) “Open Shelter” means a drop in centre for
children, established and maintained by the
State Government, either by itself, or through a
voluntary or nongovernmental organisation
under sub-section (1) of section 42, and
registered as such, for the purposes specified in
that section;
In Section 2 (m) the words Open Shelter
shall be modified as “Drop-in-Center”.
Further any organization that has been
registered as an organization under any of
the Act could not be considered as Children
Home unless the organization is recognized
as such and certified by the competent
authority, expressed by the participants.
Therefore, after the words registered shall
be incorporated with the words recognized
and certified
9 Section 2 (o)
“Child Welfare Officer” means an officer
attached to a Children’s Home, who is
The definition of Child Welfare Officer in
Section 2 (o) is not required as the roles are
not in relation to the institution or otherwise.

responsible, as prescribed, for carrying
out directions given by the competent
authority;
Further, the Child Welfare officer could not
be the officer to furnish any enquiry under
the Act and this has to be done by the
Probation Officer alone.
10 Section 2 (s)
Corporal Punishment” means the
intentional subjecting of a child, by any
person, for disciplinary purposes, to any
physical penalty causing hurt and
grievous hurt, and persistent verbal
abuse causing severe emotional distress
or trauma;
Explanation: For the purposes of this
clause, the terms „hurt‟ and „grievous
hurt‟ shall have the meanings ascribed to
them under the Indian Penal Code, 1860.
In Section 2 (s), the term Corporal
Punishment has been incorporated. There
was a hectic debate and discussions. Too
many definitions in laws would result in
victimization, unrest and go against the
interests of children as the holistic
development of children would not suffer
because of such definition as any mild action
by any person could be viewed as corporal
punishment. Any excess or hurt that
hampers the child’s development or a barrier
for the development of child resulting in
hospitalization or involve any medical
complications, severe pain resulting in
unnecessary hardships could be dealt with in
accordance with the Indian Penal Code. This
was not concluded and therefore the
participants expressed that the term may be
redefined incorporating the negligence and
discrimination in the definition with suitable
modification
11 Section 2 (sa )
“Deputy Commissioner” means an officer
appointed by the State Government as
the executive head of the district.
Section 2 (sa) – The definition is unnecessary
as the Head of the district has been defined
with different nomenclatures in many states.
Further this has no relevant to the Act.
12 (u) “fit facility” means a facility being run by a
Governmental Organisation or a registered
voluntary or non-governmental organisation,
prepared to temporarily own the responsibility
Section 2 (u) – The earlier definition of fit
institution in the Act of 2000 holds good as
the competent authority should be the
Government on the recommendation of the

of a child for a specific purpose, on a short term
or long term basis, and such facility is
recognised as fit for the said purpose, by the
District Child Protection Unit, under sub-section
(1) of section 51;
competent authority the board or the
committee as the two adjudication agencies
have to satisfy the fitness of the institution.
Further any registered organization under
any Act should be recognized as fit to keep
children and certified accordingly. It is the
administrative authority of the State
Government. Therefore, the procedure has
to be left to the State Government to
formulate guidelines while framing the rules.
13 Section 2 (x)
“Foster Care‟ means placement of a child,
in a family, which is not his biological
family, for care and protection,
for a short or long term;
Section 2 (x) – The participants has hectic
discussions on the definition of Foster Care.
Every one of them have expressed that in the
absence of biological or natural parents, the
children could feel comfort with extended
family members and such families could
provide ethical, moral and spiritual supports
and the children have the opportunity to live
within their family environments without
losing their own identity. If the extended
families are economically weak and such
families allowed to foster such children with
financial supports there would be a secured
feeling with reciprocal sharing of love and
affection. Therefore, the definition of Foster
Care shall be revised as Foster-Care means
placement of a child either in the extended
family or in a family by the competent
authority, for care and protection and the
well-being of children for a term specified by
the competent authority after due process of
enquiry.

14 Section 2 (z)
“habitual residence” means a place of
settled dwelling, which constitutes a
person's ordinary residence at least for a
period of one year;
Section 2 (z) the habitual residences is
unnecessary and has no significance towards
the implementation of the Act. Further the
subsequent sub-sections have to be
renumbered suitably.
15 (ze) ―observation home‖ means an
observation home, established and maintained,
in every district or group of
districts, by a State Government, either by
itself, or through a voluntary or non-
governmental organisation, and is registered as
such, for the purposes specified in sub-section
(1) of section 46;
In Section 2 (ze) after the word registered,
the words recognized and certified shall be
inserted.
16 (zj) ―place of safety‖ means any place or
institution, not being a police lockup or jail,
established separately or attached to an
observation home or a special home, as
the case may be, the person in-charge of
which is willing to receive and take care of
children, or other persons, in conflict with
law placed there, by order of the Board,
for a period and purpose as defined in the
order;
Section 2 (zj) – In the definition of Place of
safety the following words or attached to an
observation home or a special home, as the
case may be deleted as the very objective
place of safety is the substitute for such
Observation or Special Home. Therefore, the
deletion is necessary.
17 (zp) “Ragging” means any such conduct, or act
which has the effect of teasing, treating or
handling with rudeness any student or child in
an institution; indulging in rowdy or
indisciplined activities which cause, or are likely
to cause, hardship, physical or psychological
harm or raise fear or apprehension thereof, in a
fresher or junior student and which has the
effect of causing or generating a sense of
shame or embarrassment so as to adversely
Section 2 (zp) –Children by virtue of their age
have the right to fun, recreation and to have
association rights. Normally children while
playing or chit chat used to indulge in
bullying and comments among themselves
as fun. Too much such definition may go
against the rights of children to have
recreation, fun and play. Unless the children
are naughty they could not have fun. We
have to honour the children’s informal chat
and fun. Any excess resulting in hurt, mental

affect the psyche of a new or junior student or
another child;
torture and abetment of suicide could be
dealt with by the competent authority in
accordance with the law. Therefore, the
participants expressed their very strong
recommendations to delete the provision.
18 (zr) ―Shelter Home‖ means an institution
established by a state government or by a
voluntary organisation and registered by that
government under section 40, for receiving and
providing temporary care for child in need of
care and protection placed there by the
Committee;
(zt) ―special home‖ means an institution
established by a State Government or by a
voluntary or non-governmental organization,
registered under section 47, for housing and
providing rehabilitative services to children in
conflict with law, who are found, through
inquiry, to have committed an offence and are
sent to such institution by order of the Board;
(zu) “Specialised Adoption Agency” means an
institution established by State Government or
by a voluntary or non-governmental
organisation, registered under section 61 of this
Act, for housing orphans, abandoned and
surrendered children, placed there by order of
the Committee, for the purpose of adoption;
In Section 2 (zr), (zt) and (zu) after the word
registered, the words recognized and
certified shall be inserted.
19 (zs) ―special juvenile police unit‖ means a unit
of the police force of a district or city as the
case may be designated for handling of
children under section 108;
In Section 2 (zs), the term Special Juvenile
Police Unit shall be substituted by the Special
Children’s Aid Police Unit and in the same
section the word designated may be replaced
by the word appointed, as the designation of
one person in addition to his normal duties

and responsibilities could not available to
handle children. If a person is appointed
exclusively, the accountability and
responsibility could be ensured.
20 Placement of persons, who cease to be a
child during process of inquiry under this
Act
Persons in conflict with law under sub-section
(1), in respect of whom an inquiry is on-going
or those persons in conflict with law
apprehended after attaining the age of eighteen
years for offence committed while still a child,
and not released on bail, shall be placed in a
place of safety till the inquiry is completed.
In Section 3 (2), the word “alleged” shall be
inserted after the words eighteen years for
an offence.
21 Chapter-II
FUNDAMENTAL PRINCIPLES FOR CARE,
PROTECTION, REHABILITATION AND
JUSTICE FOR CHILDREN
Sections 4 and its sub clauses may be
seen in the bill
The principle as mention should form the
guidelines to be formulated or protocol
developed for stakeholders and could not be
the part of the Act as the chapter would
create lots of legal complications and validity
of many decisions by competent authorities
and create litigations. Therefore, the Section
4 with its sub-clauses shall be either taken to
preamble or as protocol for stakeholders.
22 JUVENILE JUSTICE BOARD Chapter –III – If the nomenclature of the tile
of the bill is changed as Child Justice (Care
and Protection) bill, naturally, the term
Juvenile shall be replaced by the Word
“Child.” Therefore, the Juvenile Justice Board
shall be called as Child Justice Board.
23 Section 5 (4)
No social worker shall be appointed as a
member of the Board unless such person has
Section 5 (4): Participants were of the view
that prescribing any specific academic
qualification has to be made in the rules.

been actively involved in health, education, or
welfare activities pertaining to children
for at least seven years or a practicing
professional with a degree in child
psychology.
Therefore, the words or a practicing
professional with a degree in child
psychology may be deleted. The reason
is a fresh graduate in psychology by virtue of
the degree could not do any constructive
roles as member of the board as the board is
conferred with the powers on a Metropolitan
or Judicial Magistrate of the First Class by the
Code of Criminal Procedure, 1973 with the
judicial accountability and responsibilities.
24
Section 12:
Information to parents, guardian or Probation
Officer
Where a child alleged to be in conflict with
law is apprehended, the officer designated
as Child Welfare Police Officer of the police
station, or the special juvenile police unit to
which such child is brought, shall, as soon as
possible after apprehending the child,
inform -
(i) the parent or guardian of such child, if hey
can be found, and direct them to be present at
the Board before which the child will appear;
and
(ii) the probation officer, or if no probation
officer is available, a Child Welfare
Officer, for preparation and submission
within two weeks to the Board, a social
investigation report containing information
regarding the antecedents and family
background of the child and other material
Section 12 – Information to parents,
guardian or probation Officer – The provision
of intimation to the Probation Officer is
within the legal frame work as the child
alleged to have committed an offence is
apprehended, the provisions of Section 11
has to be carried out. The Probation Officers
are the Officers of the Court as per the
Probation of Offenders Act, 1958 and he or
she has to carry out the judicial instructions
and orders including the verification of
antecedents, probability of community based
regulation during the bail period and the
subsequent availability of the child for trail
and enquiry. Therefore, probation
services are highly specialized and
hence could not be done by any person
unless such person is specially trained
and declared as Probation Officer by
the competent authority. In view of the
above facts and to prevent the legal
lacuna, the Section 12 (iii) shall be
revised as the probation officer of such
apprehension to enable him to obtain

circumstances likely to be of assistance to the
Board for making the inquiry.
information regarding the antecedents
and family background of the child and
other material circumstances likely to
be of assistance to the board for
making the enquiry and furnish pre-
trial report for taking decision on bail.
24. Further, according to the Probation of
Offenders Act, 1958, the competent
authority has to call for the social enquiry
report only after the due process of trail and
enquiry and comes to the conclusion that the
person has committed an offence. In this
context, it is better to under stand what
is Probation?
Probation is the process of treatment
prescribed by the court or any adjudication
agency for persons convicted of offences
against the law during which the individual
or probationer lives in the community and
regulate his own life with the promise to the
court for his or her good behaviour and
willing to accept conditions to be adopted
during the period under supervision. The
adjudication agency is at liberty upon
conviction, suspense the sentence of
imprisonment and release the offender to
live in the community for the promise of
good behaviour and impose any such
conditions to be adopted, keeping in mind
the best interest of the individual and also
the best interest of the community.
Probation is therefore a conditional
suspension of punishment. This presupposes
that the released offender is not likely to
resume a criminal behaviour.

Probation is therefore a judicial
function to be carried out by
academically qualified and
professionally trained person(s) to
ensure the best interest of the
community and also the probationer,
whose rehabilitation is the focus.
During the period the probationer
would not only receive assistance and
supports but also being regulated.
Therefore, the Social enquiry report
could be prepared by the Probation
Officer alone to facilitate the board to
arrive at the appropriate disposition.
25 Inquiry by Board regarding child in conflict
with law.
Section 13:
Where a child alleged to be in conflict with
law having been charged with the offence is
produced before a Board, the Board shall hold
the inquiry in accordance with the provisions of
this Act and may make such order in relation to
such child as it deems fit:
Provided that an inquiry under this section shall
be completed within a period of four months
from the date of its commencement, unless the
period is extended, for a maximum period of
two more months by the Board, having
regard to the circumstances of the case and
after recording the reasons in writing for such
extension.
Section -13: A hectic debate and discussion
was made on the second proviso to Section
13 which empowers the Chief Judicial
Magistrate to extend the period enquiry if not
completed within six months on heinous
crimes without any specified period. This
would naturally end in poor disposition of
enquiry against a child in conflict with law.
Therefore, it should be the specific obligation
of the Chief Judicial magistrate to review and
direct the disposition within a month. The
review should be made along with police
officials and probation officers so as to
enhance the accountability of each
stakeholder to respond for the speedy
disposition

Provided that if such inquiry by the Board
remains inconclusive even after the
extended period, the proceedings shall
stand terminated.
Provided further that for serious offences,
in case the Board requires further
extension of time for completion of
inquiry, the same may be granted by the
Chief Judicial Magistrate for reasons to be
recorded in writing.
Explanation: For the purpose of this
section, any serious offence is an offence
entailing a punishment of more than
seven years imprisonment for adults.
26 Inquiry into specific offences by the Board
14 (1) In case of a child alleged to be in
conflict with law, who has completed
sixteenth year of age as on the date of
commission of an offence under sections
302, 326A, 376, 376A or section 376D of
the Indian Penal Code, the Board shall
conduct an inquiry within a period of one
month from the date of production of
such child before the Board, regarding the
premeditated nature of such offence, the
mitigating circumstances in which such
offence was committed, the culpability of
the child in committing such offence and
the child’s ability to understand the
consequences of the offence, and make
an order in accordance with the
Section 14: Lots of discussions were held
with heated arguments on the provisions. It
was concluded that the provisions under
POCSO Act should also be included.
The Section could not be maintainable for
the following reasons
1. For the same offence the Section
provide two differential dispositions.
If the disposition is made within one
month it is the benefit of the JJAct.
It it is not disposed within one month
the alleged child in conflict with law
has to face enquiry by regular court.
2. No Court has jurisdiction in respect
of child alleged to have committed
an offence and no punishment shall
be ordered other than the options
listed out in 16 of the bill.

provisions of sub-section (3) of section
17.
(2) In case of a child in conflict with law
who has completed sixteenth year of age
and has committed an offence under
sections 307, 354B, 363, 364, 365, 366,
367, 368, 369, 371, 372, 373, 392, 395,
396, 397 or section 398 of the Indian
Penal Code, the Board shall conduct
inquiry within a period of one month from
the date of production of such child
before the Board, regarding previous
history of commission of such offences by
the child, premeditated nature of such
offence, mitigating circumstances in
which the offence was committed,
culpability of the child in committing such
offence and the child’s ability to
understand consequences of offence so
committed and if the child is found to be
a repeat offender of such offence, it shall
make an order in accordance with the
provisions of sub-section (3) of section
17.
Explanation.––For the purposes of this
sub-section, it is clarified that no child
shall be considered as a repeat offender
on the ground that there is a case pending
against such child in respect of an offence
specified in subsection (2) of this section.
3. Further trial by regular court would
go against the spirit of the principles
of Juvenile Justice which still belief
that the persons could be reformed,
rehabilitated and socially
reintegrate. But, the adult procure of
trail and enquiry would push more
innocent children as victims of the
system.
4. Accordingly, the proposed section 14
and 19 should be deleted and
Provisions in the proposed Section
17(3) be revised to ensure that no
Child is treated as an adult.
27 Review of pendency of Inquiry Section 15: Review of the judicial function is
the authority of the judiciary and no
executive has role in this consent. The

15 (1). The Chief Judicial Magistrate or the Chief
Metropolitan Magistrate shall review the
pendency of cases of the Board at every three
months, and shall direct the Board to increase
the frequency of its sittings or may recommend
the constitution of additional Boards.
(2). The number of cases pending in the
Boards, period for which pending, nature
of pendency and reasons thereof etc. shall
be reviewed bi-annually by a high level
committee chaired by Executive chairman
of the State Legal Services Authority and
consisting of the Home Secretary, the
Secretary responsible for implementation
of this Act in the State and a
representative from a voluntary or non-
governmental organization to be
nominated by the Chairperson.
(3). Information of such pendency shall
also be furnished by the Boards to the
State Government on a quarterly basis in
a format as prescribed by the State
Government.
participants have agreed that the bi-annual
review shall be made by the High level
Committee constitute by the respective High
Court having jurisdiction on the board. In
view of the above facts, the Section has to
be revised and the sub-section 3 of Section
15 shall be deleted as the review of
pendency is the authority of the judiciary.
28 Orders that may be passed regarding a child
found to be in conflict with law.
17. (1) Where a Board is satisfied on inquiry
that the child brought before it has committed
an offence, then notwithstanding anything to
the contrary contained in any other law for the
time being in force, and based on the nature
of offence, specific need for supervision
or
In Section 17 (1)
1. In sub clause (a) of the said section the
words following appropriate inquiry and
counselling to the parent or the guardian
and the said child; shall be deleted as the
Act could not spell out any directions to
the Board on disposition as the
admonition is governed by Section (3) of
the Probation of Offenders Act, 1958.

intervention, mitigating circumstances as
brought out in the social investigation
report and past record of the child, the
Board may if it so thinks fit,-
(a) allow the child to go home after advice or
admonition following appropriate inquiry and
counselling to the parent or the guardian and
the said child;
(b) direct the child to participate in group
counseling and similar activities;
(c) order the child to perform community
service under the supervision of an
organization or institution, or a specified
person, persons or group of persons
identified by the Board;
(d) order the parent of the said child or the
child himself to pay a fine, if he is over fourteen
years of age and earns money;
Provided that, in case the child is earning,
it may be ensured that the provisions of
the Child Labour (Prohibition and
Regulation) Act, 1986 and the Right of
Children to Free and Compulsory
Education Act, 2009 are not violated.
(e) direct the child to be released on probation
of good conduct and placed under the care of
any parent, guardian or other fit person, on
such parent, guardian or other fit person
executing a bond, with or without surety, as the
Board may require, for the good behaviour and
well-being of the child for any period not
exceeding three years;
Such issues would always end in
litigations.
2. The provision of collecting fine from the
child is not maintainable as the failure to
make the payment of fine could not
invite any penal action and therefore,
the provision is not operational.

(f) direct the child to be released on probation
of good conduct and placed under the care and
supervision of any fit facility for ensuring the
good behaviour and well-being of the child for
any period not exceeding three years;
(g) direct that the child be sent to a special
home, for such period, not exceeding three
years, as it thinks fit, for providing inter
alia reformative services including
educational services, skill development,
alternative therapy such as counselling,
behavior modification therapy, and
psychiatric support during the period of
stay in the special home.
Provided that :
(i) where the child has attained the age of
sixteen years and has committed an
offence and the Board is satisfied that the
offence is of serious nature, or that the
child’s conduct and behaviour have been
such that it would not be in the child’s
interest, or in the interest of other
children housed in a special home, to send
such child to the special home; or
(ii) in case the child is a habitual offender,
and none of the other measures provided
under this Act is suitable or sufficient; or
(iii) if the person is above eighteen years
of age at the time of final orders; the
Board may order such child or person to
Section 17 (2): What should be included in
any disposition is nothing but making
interference on the independent of the
judicial pronouncement. It is the board to
decide the types of conditions to be

be kept in a place of safety and in such
manner as it thinks fit and the period of
detention so ordered shall not exceed in
any case the maximum period provided
for under this Act.
(2). If an order is passed under (a) to (f)
of sub-section (1), the Board may, in
addition also pass orders related to :
i) attend school;
ii) attend a vocational training centre;
iii) attend a therapeutic centre;
iv) prohibit the child from visiting,
frequenting or appearing at a specified
place;
(3) Subject to the provisions of this
section, the Board shall, after the inquiry
under sub-section (1) or subsection
(2) of section (14), pass an order for
continued adjudication of the case in
accordance with the provisions of this Act
or to transfer such case to the court
having jurisdiction over such offence.
incorporated in the disposition orders. If
such issues are incorporated against, there
may be litigations and controversies.
Section 17 (3): Since it was a matter of
concern of all, suitable variations have to be
made as the adult courts should not have
any jurisdiction in the case of children in
conflict with law and therefore, the board
could not commute the enquiry to the
regular court
Section 19: After the word committed an
offence, the words referred to in sub-
section (1) and (2) of Section 14 shall
be deleted as the reasons have been
mentioned in the earlier in the serial
number 26.
29 Provision with respect of run-away child in
conflict with law.
Section 24. (1). Notwithstanding anything to
the contrary contained in any other law for the
time being in force, any police officer may take
charge without warrant of a child in conflict
with law who has run away from a special
home or an observation home or a place of
safety or from the care of a person or
Section 24: The Section has not defined very
clearly the purpose of taking a run –away
child after apprehension to the board.
Normally escape from the judicial custody is
viewed as offences as regards the adults are
concerned. But, in the case of children, in the
earlier Act specific provision was made that
escape is not to be viewed as offence.
Therefore, the earlier provisions in Section
22 of the Juvenile Justice Act, 2000 holds

institution under whom the child was placed
under this Act.
(2). The said child shall be produced,
within twenty four hours of the child
being taken charge of by the police
officer, preferably before the Board which
passed the original order in respect of
that child if possible, or the Board nearest
to where the child is found.
(3). The Board shall ascertain the reasons
for the child having run away and pass
appropriate orders for the child to be sent
back either to the institution or person
from whose custody the child had run
away or any other similar place or person
that the Board may deem fit.
Provided that the Board may also give
additional directions regarding any
special steps that may be deemed
necessary, in respect of the best interest
of the child.
(4). No additional proceeding shall be
instituted in respect of such child.
good. Once an order is passed or disposition
is pronounced, the board has authority to
intervene and modify and such revision is the
authority of an appellant Court. The
recapture of the run away child is to be dealt
with as an administrative matter and in this
regard, rules have to define the procedure to
be followed by the administrative
department and not by the board.
Provision in respect of escaped juvenile
in Section 22 of the JJ Act of 2000.-
Notwithstanding anything to the contrary
contained in any other law for the time being
in force, any police officer may take charge
without warrant of a juvenile in conflict with
law who has escaped from a special home or
an observation home or from the care of a
person under whom he was placed under
this Act, and shall be sent back to the special
home or the observation home or that
person, as the case may be; and no
proceeding shall be instituted in respect of
the juvenile by reason of such escape, but
the special home, or the observation home
or the person may, after giving the
information to the Board which passed the
order in respect of the juvenile, take such
steps in respect of the juvenile as may be
deemed necessary under the provisions of
this Act. (This may be substituted)
30 CHAPTER-V
CHILD WELFARE COMMITTEE
(2) The Committee shall consist of Deputy
Commissioner or District Magistrate, as
32. Chapter –V –Constitution of Child
Welfare Committee. The purpose of the Child
Welfare Committee and its composition was
discussed in detail. The existing provisions in
the Juvenile Justice (Care and Protection of

the case may be as Chairperson, Chief
Medical Officer of the district and three
social workers as members, at least one of
whom shall be a woman.
Children) Act, 2000 is viable and reasonable.
It is a quasi-judicial body and has to
entertain enquiries of various degrees
including child sexual abuses, trafficked
child, runaway or missing child, children
faced exploitation etc. it is not an
administrative committee to be chaired by
the District Collector (What ever the name
might be). The District Administrative head
is a chief functionary of the District Child
Protection Unit.
The Committee has been conferred with the
powers by the Code of Criminal Procedure,
1973 on a Metropolitan or Judicial Magistrate
of the First Class ass he case may be to
enquire and pass appropriate orders that is
quasi-judicial in nature on the problems and
issues of children who have been brought
before the Committee.
If the District Collector or the deputy
Commissioner and the Chief Medical Officers
are the integral part of the Committee, the
independent quasi-judicial function would be
turned as administrative works and the worst
suffers could be the children. Therefore, the
judicial obligation of the Child Welfare
Committee is time consuming and person’s
involvements on a day to day basis are also
required. Therefore, the composition of the
Committee should not include the
administrative or executive authorities.

Further, If the existing committees have
been occupied by the people of conflicts
interests such as running a child care
organization or Adoption organizations or
those who have associated with Child line
services etc., and the Government desires to
prevent such people with conflicts of
interests to become the members of the
Committee and to prevent the misuse of
powers, it is appropriate that similar to the
board, a Magistrate could be designated as
Chairperson of the Committee as was in
practice while the Tamil Nadu Children Act,
1920 while that was in operation. According
to that Tamil Nadu Children Act, 1920 a few
Magistrates were empowered to handle the
children affairs.
31 Section 25 (3)
No social worker shall be appointed as member
of the Committee unless such person has been
actively involved in health, education, or
welfare activities pertaining to children for at
least seven years or a practicing professional
with a degree in child psychology.
Participants were of the view that prescribing
any specific academic qualification has to be
made in the rules. Therefore, the words or
a practicing professional with a degree
in child psychology may be deleted. The
reason is a fresh graduate in psychology by
virtue of the degree could not do any
constructive roles as member of the
Committee as the committee is conferred
with the powers on a Metropolitan or Judicial
Magistrate of the First Class by the Code of
Criminal Procedure, 1973 with the judicial
accountability and responsibilities.
32 Section 28. The Functions and
responsibilities of the Committee shall
include :

(i) taking cognizance of and receiving
children produced;
(ii) conducting inquiry on all issues
relating to and affecting the safety and
well-being of children under this Act;
(iii) directing the Child Welfare Officers or
Probation Officers or Non-Governmental
Organizations to conduct social
investigation and submit a report before
the Committee;
Section 28: It has been clearly defined the
roles and responsibilities of Probation
Officers and the importance of Social
Investigation report. In this context, the
details mentioned in serial number 24 holds
good. Therefore, the enquiry under the
Juvenile Justice Act means it is by the
Probation Officer and hence, the sub-section
(iii) of Section 28 shall be revised accordingly
and except the probation officer none has
competency to conduct the Social
Investigation report unless such persons are
specially trained, recognized as Probation
Officer as the individual officer is accountable
to the judicial obligation. Further the
provisions in the Act have to be found in
Rules and not in the Act. Therefore, the sub-
clause (iii) of Section shall be modified as
follows
“directing the Probation Officers to
conduct social investigation and
submit a report before the Committee.”
Provided the Committee shall use the
services of Voluntary Probation
Officers or Honorary Probation Officers
recognized, authorized and appointed
with necessary training and orientation
by the District Court.

(vi) selecting registered institution for
placement of each child requiring
institutionalization, based on the child’s
age, gender and needs and keeping in
mind the available capacity of the
institution;
(vii) conducting regular inspection of
residential facilities for children in need of
care and protection (minimum one
inspection visit per month) and
recommend action for improvement in
quality of services to the District Child
Protection Unit and the State
Government;
Selection of institution shall be the institution
registered, recognized and certified by the
Government as a child care institution
The functions and responsibilities of the
Committee is adjudication in nature and
hence quasi-judicial. Such adjudication
agencies could not have the powers and
responsibilities of Inspection. This is a matter
of administration and has to be performed
the Officers appointed by the Government or
by the officials of the department that is in-
charge of the administration of juvenile
Justice. Further, the Committee is not sub-
ordinate to District Child Protection Unit. Its
functions could be assessed by the higher
judiciary, as in the case of board. Therefore,
it is not in the right perspective and beyond
the scope of the adjudication agency.
Therefore, the clause has to be deleted
There is no need for this provision, as the
committee by virtue of its accountability to
ensure the rehabilitation and social-
reintegration of children, this is not required.
Further, the District Court is taking
cognizance of offences against a child under
the Protection of Child from Sexual Offences
Act, 2012 and the District Court could
exercise the powers of the Child Welfare
Committee in making necessary orders for
rehabilitation and social reintegration.
Therefore, the provisions may be deleted.

(xii) taking action for rehabilitation of
sexually abused children who are
reported as children in need of care and
protection to the Committee by Special
Juvenile Police Unit or local Police, as the
case may be, under the Protection of
Children from Sexual Offences Act, 2012.
33 Section 34(5)
The pendency shall also be reviewed biannually
by a high level committee constituted by the
State Government, headed by the Executive
chairman of the State Legal Services Authority
and consisting of the Secretary responsible for
implementation of this Act in the State, the
Chairperson of the State Commission for
Protection of Child Rights and a representative
from a voluntary or nongovernmental
organization to be nominated by the head of the
high level committee.
Section 34 (5): The roles and responsibilities
of the Child Welfare Committee are quasi-
judicial in nature and hence could not be
reviewed by any administrative authority.
Therefore it could be by the High level
Committee constituted by the High Court.
The provisions in this section have to be
modified as proposed to the board.
34 Orders that may be passed regarding a
child in need of care and protection
35. The Committee on being satisfied through
the Inquiry that the child before the Committee
is a child in need of care and protection, on
consideration of Social Investigation Report
submitted by Child Welfare Officer and taking
into account the child’s wishes in case the child
is sufficiently mature to take a view, may pass
one or many of the following orders
The Social enquiry report shall be prepared
by the professionally trained personnel either
appointed or recognized as such. It has been
clearly defined the roles and responsibilities
of Probation Officers and the importance of
Social Investigation report. In this context,
the details mentioned in serial number 24
holds good. Therefore, the enquiry under the
Juvenile Justice Act means it is by the
Probation Officer and hence, the sub-section
(iii) of Section 28 shall be revised accordingly
and except the probation officer none has
competency to conduct the Social
Investigation report unless such persons are

specially trained, recognized as Probation
Officer as the individual officer is accountable
to the judicial obligation. Further the
provisions in the Act have to be found in
Rules and not in the Act. In the provision,
the words Child Welfare Officer shall be
replaced by the words Probation
Officer
35 Section 35 (c) placement in Reception Centre or
Children’s Home or fit facility or Specialised
Adoption Agency (for children less than six
years of age whose family cannot be traced),
for long term or temporary care, keeping in
mind the capacity of the institution for housing
such children, either after reaching the
conclusion that the family of the child cannot be
traced or even if traced, restoration of the child
to the family is not in the best interest of the
child;
The final disposition could not be made to
keep the children in the Reception Unit.
Therefore, the words, Reception Centre shall
be deleted.
36 Section 35 (g)
directions to persons or institutions or facilities
in whose care the child is placed, regarding
care, protection and rehabilitation of the child,
including directions related to immediate
shelter and services such as medical attention,
psychiatric and psychological support including
need-based counselling, occupational therapy
or behavior modification therapy, skill training,
legal aid, educational services, and other
developmental activities, as required, as well as
follow-up and coordination with District Child
Protection Unit or State Government and other
agencies;
The Act should not spell out what kind of
directions to be given by any adjudication
agency. It is the authority of such bodies to
give suitable directions in the form of an
order. The institutional authorities have the
obligation to evolve the need base analysis
and provide services. This has to be deleted.
37 Registration of child care institutions
housing a child.

40. (1) Notwithstanding anything contained in
any other law for the time-being in force, all
institutions, whether run by State Government
or those run by voluntary or non-governmental
organizations, which are meant, either wholly
or partially, for housing children in need of care
and protection as defined under section 2(j) or
children in conflict with law, shall, be registered
under this Act, in such manner as may be
prescribed, within a period of six months from
the date of commencement of this Act,
regardless of whether they are receiving grants
from the Government or not, Provided that
institutions having valid registration under the
Juvenile Justice (Care and Protection of
Children) Act, 2000, on the date of
commencement of this Act, shall be deemed to
be registered under this Act.
(2). At the time of registration under this
section, the State Government shall determine
and record the capacity and purpose of the
institution and shall register the institution as a
Shelter Home, or Children’s Home or Open
Shelter or Specialized Adoption Agency or
Observation Home or Special Home or Place of
Safety, as the case may be.
(3). On receipt of application for registration
under subsection
(1), from an existing or new institution housing
children in need of care and protection or
children in conflict with law, the State
Government may grant provisional registration,
In Sections 40 (1) and (2) wherever, the
word registered is mentioned, after the word
the following words recognized and certified
shall be inserted as the reorganization and
certification is essential for considering as fit
for keeping children.
The sub-section (3) of Section 40 is very
dangerous as the possibility for any NGO to
get the formal registration and recognition
without existence of such organization. This
will be very serious and should be deleted.

within one month of the date of application, for
a maximum period of six months, in order to
bring such institution under the purview of this
Act, and shall determine the capacity of the
Home which shall be mentioned in the
registration certificate.
Provided that if the said institution does not
fulfill the prescribed criteria for registration,
within the stipulated time, the provisional
registration will stand cancelled and provisions
of sub-section (5) shall apply.
(4). The initial period of registration of an
institution shall be five years, after which, it
shall be subject to renewal every five years.
(5). The State Government may, following
procedure as prescribed, cancel or withhold
registration, as the case may be, of such
institutions which fail to provide rehabilitation
and reintegration services as prescribed under
section 53 and till such time that the registration
of an institution is renewed or granted, the
State Government shall manage the institution
or hand over the management to another
registered agency with the financial support
required for such task:
Provided that, if a suitable agency is not
available, such institution may be closed and
the State Government may transfer the children
to some other similar institution with adequate
financial support.
The proviso to sub-section (3) shall also be
deleted.
This should be in the State Rules and not in
the Act.
The words recognition and certification shall
be inserted after the word registration

(6) Notwithstanding anything contained in any
other law for the time-being in force, the
inspection committee set up under section 54,
shall have the powers to inspect any institution
housing children, even if not registered under
this Act, to determine if such institution is
housing children in need of care and protection.
38 Penalty for non- registration of
institutions housing children
41. Any person, or persons, in-charge of an
institution housing children in need of care and
protection and children in conflict with law, who
fails to comply with subsection (1) of section 40
shall be punished with imprisonment which may
extend to one year or fine not less than one lakh
rupees or both:
Provided that every thirty day delay in applying
for registration shall be considered as a
separate offence.
Any organization that functions without
registration, recognition and certification
under this Act shall be prosecuted for illegal
custody of children and criminal action shall
be initiated as sub-section (1) and the
existing provision shall be renumbered as
sub-section (2). This would ensure the
organizations to come forward to get
registration, recognition and certification
39 Open Shelter 42. (1) The State Government
may establish and maintain, by itself or through
voluntary or non-governmental organisations,
as many Open Shelters as may be required, and
these shall be registered as such in the manner
prescribed.
The words recognized and certified shall be
inserted after the word registered.
40 Foster care. 43.(1)Children under this Act may
be placed in foster care, through orders of the
Committee, following procedure as prescribed
in this regard, in a family which does not include
the child’s biological or adoptive parents or in
an unrelated family recognised as suitable for
the purpose by the State Government, for a
short or extended period of time.
Section 43: In this Section after the word as
prescribed in this regards, the words
extended family or shall be inserted.

41 After care of young adults leaving
institutional care.
45 (1). The State Government shall register, for
the purpose and in the manner prescribed,
organizations that shall provide after care
services, as directed by the Board or
Committee, and based on the individual care
plan, for young adults, leaving institutional care
under this Act on attaining eighteen years of
age, to provide additional support to them as
they transit from residential care to mainstream
society.
Provided that the provision of such after care
services shall be based on the report of the
Probation Officer or Child Welfare Officer
which shall include, necessity and nature of
after-care for the child, the period of such after-
care, supervision thereof and the manner in
which follow up is to be conducted.
After the word registered, the words
recognized and certified shall be inserted.
In proviso to Section 45 (1), for the reasons
mentioned earlier, in the first proviso, the
words or Child Welfare Officer shall be
deleted.
42 Observation Homes.
46. (1) The State Government shall establish
and maintain in every district or a group of
districts, either by itself, or through voluntary or
non-governmental organisations, observation
homes, which shall be registered as such,
for the temporary reception, care and
rehabilitation of any child alleged to be in
conflict with law, during the pendency of any
inquiry regarding them under this Act.
(2) Where the State Government is of the
opinion that any registered institution other
than a home established or maintained under
sub-section (1), is fit for the temporary
reception of such child alleged to be in
In the sub-section(1) of Section 46 the words
or a group of district shall be deleted, as the
grouping of districts would create
unnecessary hardship to children, parents,
police and others to attend the trial and
enquiry.
In Section 46 (1), (2) and (3), after the word

conflict with law during the pendency of any
inquiry regarding them under this Act, it may
register such institution as an observation
home for purposes of this Act.
(3) The State Government may, by rules made
under this Act, provide for the management
and monitoring of observation homes,
including the standards and various types of
services to be provided by them for
rehabilitation and social integration of a child
alleged to be in conflict with law and the
circumstances under which, and the manner in
which, the registration of an observation
home may be granted or withdrawn.
43 Special Homes. 47. (1) The State Government
may establish and maintain either by itself or
through voluntary or non-governmental
organisations, special homes, which shall be
registered as such, in the manner
prescribed, in every district or a group of
districts, as may be required for rehabilitation
of those children in conflict with law who
are found to have committed an offence
and who are placed there by order of the
Juvenile Justice Board under section 17 of
this Act.
(2). Where the State Government is of the
opinion that any registered institution other
than a home established or maintained under
sub-section (1), is fit for placement of
children found to be in conflict with law
In Section 47 (1), and (2) after the word
In the sub –section (3) after the word
registration, the words recognition and
certification shall be inserted.

under this Act, it may register such institution
as a special home for the purposes of this Act.
(3). The State Government may, by rules,
provide for the management and monitoring of
special homes, including the standards and
various types of services to be provided by them
which are necessary for social re-integration of
a child, and the circumstances under which, and
the manner in which, the registration of a
special home may be granted or withdrawn.
44 Place of Safety.
48. (1). The State Government may arrange to
place a person or child in conflict with law,
referred to it under sub-section (1 (g)) of
section 15 of this Act, in a place of safety,
registered by the State Government for such
purpose, as it deems proper and may order
such child to be kept under protective custody,
at such place and on such conditions, as it
thinks fit.
In Section 48 (1), after the word registered,
inserted.
45 Children‘s Home 50. (1) The State Government
may establish and maintain, in every district or
group of districts, either by itself or through
voluntary or non-governmental organisations,
children's homes, which shall be registered
as such, for the placement of children in need
of care and protection for their care, treatment,
education, training, development and
rehabilitation.
inserted.
46 Fit facility
51. (1) The District Child Protection Unit shall
recognise, in the manner prescribed, a facility
In Section 51 the recognition of fit facility has
been proposed to the District Child
Protection Unit. Since, the issue has been

being run by a governmental Organisation or a
voluntary or nongovernmental organisation
registered under any law for the time being in
force, fit to temporarily take the responsibility
of the child for a specific purpose after due
inquiry regarding the suitability of the facility
and the organisation to take care of the child.
(2) The District Child Protection Unit may
withdraw the recognition under sub-section (1)
above for reasons to be recorded in writing.
questioned in the definition it self, the
Section may be deleted and this is the
authority of the Government and such
authority should not be diluted. In this
context, the issue may be the power of the
State Government to delegate its powers to
any authority. Therefore, the Section has to
be suitably modified. It is suggested that the
fit institution as envisaged in the JJ Act, 2000
shall be substituted
47 Rehabilitation and re-integration services
in institutions registered under this Act
and management thereof.
53. (1) The services that shall be provided, in
the manner prescribed, by the institutions
registered under this Act in the process of
rehabilitation and re-integration of children may
include:
(i) basic requirements such as food, shelter,
clothing and medical attention as per standards
prescribed;
(ii) Equipment such as wheel-chairs, prosthetic
devices, as required, for children with special
needs;
(iii) age appropriate education, including
supplementary education, special education,
and appropriate education for children with
special needs,
Provided that for children between six to
fourteen years of age the provisions of the Right
inserted.
Further after the words re-integration of
children, In the same section the words may
include has to be deleted.
The rest of the sub-clause (i) to ( xiii) has to
be found in the rule and not in the Act and
hence they have to be deleted.

of Children to Free and Compulsory Education
Act, 2009 shall be followed;
(iv) skill development;
(v) occupational therapy and life skill education;
(vi) mental health interventions, including
counseling specific to the need of child;
(vii) recreational activities including sports and
cultural activities;
(viii) legal aid where required;
(ix) referral services for education, vocational
training, de-addiction, treatment of diseases
etc., where required;
(x) case management including preparation and
follow up of individual care plan;
(xi) birth registration;
(xii) assistance for obtaining the proof of
identity, where required; and
(xiii) any other service that may reasonably be
provided in order to ensure the well being of the
child, either directly by the State Government,
registered or fit individuals/institutions or
through referral services.
(2) Each institution shall have a Management
Committee, set up in a manner prescribed, to
manage the institution and monitor the
progress of every child.
(3). The officer in-charge of every institution,
housing children above six years of age, shall
facilitate setting up of children’s committees for
participating in such activities as may be
prescribed, for the safety and being of children
in the institution.
Sub-Section (3) shall also be deleted as the
same has to be placed in the rules.
48 Inspection of institutions registered
under this Act
The formation of inspection Committees and
its terms conditions should be made by the

54. (1) The State Government shall appoint
inspection committees for all institutions
registered or recognised fit, under this Act,
for the State and district , as the case may be,
for such period and for such purposes as may
be prescribed.
Provided that such inspection committees shall
conduct visits to all facilities housing children in
the area allocated, at least once in three months
in a team of not less than three members, of
whom at least one shall be a woman, and
submit reports of the findings of such visits, to
the District Child Protection Units or State
Government, as the case may be, for further
action.
(2). The inspection committee of a State or
district shall consist of such number of
representatives, including at least one woman,
from the State Government, Local Authority,
Committee or voluntary or non-governmental
organizations and such other medical experts
and social workers as may be prescribed.
(3) On the report of the inspection
committee, appropriate action shall be
taken within a week by the District Child
Protection Unit or the State Government.
State Government through rules or
guidelines formed separately by an
administrative order. Therefore, the proviso
to Section 54 and the sub-sections (2) and
(3) have to be deleted.
49 Evaluation of functioning of structures
55. (1) The Central Government or State
Government may independently evaluate the
functioning of the Board, Committee,
special juvenile police units, registered
The proposed Section 55 in the bill is
unnecessary interference of the authority of
the State Government and the independent
functions of judicial system. Therefore, the
Section has to be deleted and in the place a
high level Committee shall be constituted by

institutions, or recognised fit facilities and
persons, at such period and through such
persons or institutions as may be prescribed by
that Government.
(2) In case such independent evaluation is
conducted by both the Governments, the
evaluation by the Central Government shall
prevail.
Judiciary to review the functions of board
and the Committee and the probation
services. Rests of the issues have to be made
by independent evaluation structures formed
by the State Government.
50 Adoption 56. (1). The primary responsibility for
providing care and protection to any child shall
be of the child’s family.
Explanation: For the purpose of this
section, family includes parents, grandparents,
adult siblings, siblings of parents.
(2). Notwithstanding anything contained in any
other law for the time being in force in this
regard adoption of orphan, abandoned or
surrendered children shall take place as per the
principles, criteria and procedure as may be
prescribed by Central Government.
The proposed Section 56 may be also
including the existing provisions in Section41
of the Juvenile Justice Act of 2000 which
holds good. The rest of the issues shall be
incorporated in the Rules to be framed later.
Section 41 of the JJ Act, 2000
41. Adoption.- (1) The primary responsibility
for providing care and protection to children
shall be that of his family.
(2) Adoption shall be resorted to for the
rehabilitation of such children as are
orphaned, abandoned, neglected and
abused through institutional and non-
institutional methods.
(3) In keeping with the provisions of the
various guidelines for adoption issued from
time to time by the State Government, the
Board shall be empowered to give children in
adoption and carry out such investigations as
are required or giving children in adoption in
accordance with the guidelines issued by the
State Government from time to time in this
regard.
(4) The children's homes or the State
Government run institutions for orphans shall
be recognised as adoption agencies both for

scrutiny and placement of such children for
adoption in accordance with the guidelines
issued under sub-section (3).
(5) No child shall be offered for adoption- a.
until two members of the Committee declare
the child legally free for placement in the
case of abandoned children,
b. till the two months period for
reconsideration by the parent is over in the
case of surrendered children, and
c. without his consent in the case of a child
who can understand and express his
consent.
(6) The Board may allow a child to be given
in adoption-
a. to a single parent, and
b. to parents to adopt a child of same sex
irrespective of the number of living biological
sons or daughters.
51 Procedure for adoption by persons not
related to the child.
58. (1) An application for adoption by the
Prospective Adoptive Parents, under this
Act, shall be filed with the Principal
Magistrate of the concerned district
where the specialised adoption agency is
located, in the manner prescribed, only by
an agency registered under section 61 as
a Specialised Adoption Agency;
Provided that inter-country adoption
applications shall be filed only by a
Specialised Adoption Agency which has
Placing a child in Adoption is the authority of
the Court of Session. The Juvenile justice
Board is the competent authority to handle
children in conflict with law and could not
have any jurisdiction on the children in need
of care and protection. This has been
reinforced in the laxmi Pande vis Union of
India. Therefore, the Principal magistrate
shall be replaced by the District & Sessions
Court in Section 58 (1), (2) and (4).
In sub-section (1), after the word, the

been recognised by the Central Adoption
Resource Authority for processing cases
of inter-country adoption;
(2) Adoption Orders shall be passed by
the Principal Magistrate, following the
procedure prescribed.
(3) All legal proceedings shall be held in
camera and order shall be pronounced in
the first hearing itself or within a period
of two weeks from the date of filing of
application for adoption.
(4) Failure to adhere to the time period
prescribed in sub-section (3) may be
construed by higher authority of Principal
Magistrate as dereliction of duty.
Sub-Section (3) is unwanted and it limits the
scope of exploring the authenticity by the
judiciary. Time limit is acceptable and the
provisions of pronouncement in the first
hearing are undermining the independent
explorative judicial functions.
52 Conditions without which adoption of a
child shall not take place.
59. A child shall be considered for adoption
under this Act only if:
(a) the child has been declared legally free for
adoption by the Committee as prescribed in
section 37, and
(b) in case of a child who can understand and
express consent, the child has given consent;
Provided that the child’s capacity to understand
is assessed by the Child Welfare Committee.
In Section 59 (b), the second proviso is
against the best interest of the Child as the
same provision would not guarantee the
right of the adoptive child all the rights and
privileges enshrined in law to a legally
adopted child. Therefore, the provision shall
be beyond the scope and the spirit of the
best interest of the child. Further this could

Provided also that in case of adoption by
relatives, declaration of child as legally free for
adoption by Committee shall not be required.
be misused as the term relatives could be
used conveniently by the people.
53 Section 60. The Principal Magistrate shall
allow a child to be given in adoption to:
(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of same sex
irrespective of the number of living biological
sons or daughters; or
(c) to childless couples
In Section 60, the word, the Principal
magistrate shall be replaced by the words
the District & Sessions Court specially
empowered to handle adoption.
54 Specialised Adoption Agencies.
61. (1) The State Government shall register one
or more institutions in each district as a
specialized adoption agency, in such manner as
may be prescribed, for rehabilitation of orphan,
abandoned or surrendered children, through
adoption and non-institutional care.
(2) The specialised adoption agency shall
ensure that all orphan children, abandoned or
surrendered children are declared free for
adoption by the Committee, under section 37 of
this Act and in the manner prescribed
inserted.
In sub-section (2) of Section 61, the words
surrendered children shall be deleted as the
Committee could not declare such child as
legally free for adoption as the committee
has limited role in this context. The
Committee has the role to pass an order that
the surrender deal executed by the biological
parent(s) who have surrendered the child
has become valid after satisfying in the final
enquiry after the lapse of the prescribed
window period for reconsideration. The
Committee should also pass an order
specifically that the natural parent lost their
right on the child from the date of orders of
the Committee. Such order shall be
necessary to prevent the parent to claim
their right. The Committee should pass
specific order that the agency is free to place

the child in adoption after following the
procedures. Therefore, the Section has to be
suitably modified.
55 Adoption of children residing in
institutions not registered as adoption
agencies.
62. (1) All the institutions registered under this
Act, which are not specialized adoption
agencies, shall also ensure that all orphan
children without close families willing to take
care of them, as well as abandoned or
surrendered children, are declared free for
adoption by the Committee in a manner
prescribed.
(2) All such institutions under sub-section (1)
shall develop formal linkages with a nearby
specialized adoption agency, and details of
children declared legally free for adoption shall
be referred to that specialized adoption agency
for placement of such children in adoption in
accordance with the procedure prescribed.
Section 62 shall facilitate the trafficking of
children from one agency to another as the
transfer of such children to any Specialized
Adoption Agency has to be made only after
the consent of the Child Welfare Committee.
This section also requires revision.
56 63. (1) An adoption order shall take effect on
such date as may be specified therein by the
Principal Magistrate
In Section 63 (1) the words the Principal
magistrate shall be replaced by the District &
Sessions Court specially empowered
57 Providing information regarding adoption
Orders
64. Notwithstanding anything contained in any
other law for the time being in force,
information regarding all adoption orders issued
by the Principal Magistrates,
In Section 64, the words the Principal
Magistrate shall be replaced by the District &
Sessions Court specially empowered.
Further the words concerned Courts,
registrars or sub-registrars executing such
deeds of adoption shall be deleted as the
place of children in adoption should be rested
with the Court of Session and any provisions

concerned courts, registrars or sub-registrars
executing such deeds of adoption, shall be
provided to the Central Adoption Resource
Authority on a monthly basis as may be
prescribed.
of mutual agreement between parties or
deed executed for adoption of a child, would
not only dilute the best interests of children
but also push the illegal adoption, trafficking
and prevent the child to get all the
entitlement of an adopted child through the
Court of Law. Therefore, the Section may be
suitably modified to prevent illegal adoption
and do injustice to children.
58 Exploitation of a child employee.
79. Subject to the provisions of the Child
Labour (Prohibition and Regulation) Act,
1986, whosoever ostensibly procures a child
for the purpose of employment or keeps him in
bondage for the purpose or withholds his
earnings or uses such earning for his own
purposes shall be punishable with rigorous
imprisonment for a term which may extend to
five years and shall be liable to fine of rupees
one lakh or both.
Explanation: For the purpose of this sub-
section employment shall also include
selling goods and services and
entertainment in public places for
economic gain.
In Section 79 of the bill, the words “subject
to the provisions of the Child Labour
(Prohibition and regulation) Act, 1986 shall
be deleted as the same has no relevant in
the section.
The explanation is not maintainable as the
same has not been defied as hazardous.
59 Punitive measures for adoption without
following prescribed procedures.
80. (1) Whosoever, in contravention of
sub-section (2) of section 56 and sub-
section (1) of section 58 of this Act, offers
or gives or receives, any orphan,
abandoned or surrendered child, for the
Section 80 should be in Chapter –VIII and
not in the chapter –iX.

purpose of adoption, shall be punished
with imprisonment of either description
for a term not less than three years, which
can be extended up to seven year, or with
fine of one lakh rupees per child, or with
both.
Provided in case where the offence is
committed by a registered adoption
agency, in addition to the above
punishment awarded to the persons in-
charge of, and responsible for the conduct
of the day-to-day affairs of the registered
adoption agency, the registration of such
agency under section 40 shall also be
withdrawn for a minimum period of one
year.
(2) Where any minor procedural lapse is
committed out of ignorance either by
biological or adoptive parent(s), in case of
adoption by relatives, punitive measures
mentioned in sub-section (1) may not
apply.
Provided that the court or registering
authority dealing with such adoption case
is satisfied that the procedural lapse
occurred without any mala fide intent.
60 Ragging of a child in an institution.
83. (1). Whosoever, commits the offence of
ragging within or outside an institution, or abets
or propagates ragging, directly or indirectly,
shall be punished with imprisonment for a term
Section 83 has to be deleted as the
participants have aired their reservation on
the issue.

which may extend to six months or fine or with
both.
Provided that, the person who commits any of
the aforesaid acts, shall also be liable to
suspension from the said institution.
(2) If any of the aforesaid acts has endangered
the life of the child or physically incapacitated
the child and caused severe mental or
emotional damage, the person or persons
responsible shall be punished with
imprisonment for a term which may extend to
three years and shall also be liable to a fine
which may extend to ten thousand rupees.
Provided that, the person who commits such
offence shall also be liable to expulsion from the
said institution.
(3) In case, where an incidence of ragging is
reported in an institution and the management
of such institution, does not cooperate with any
inquiry or comply with the orders of competent
authority or court or state government, the
person in charge of the management of the
institution shall be liable for punishment with
imprisonment for a term not less than three
years and shall also be liable to a fine which
may extend to one lakh rupees.
61 Section 93. When a child who has been brought
before a competent authority under this Act, is
found to be suffering from a disease requiring
prolonged medical treatment or physical or
In Section 93 after the word registered, the
words recognized and certified shall be
inserted.

mental complaint that will respond to
treatment, the competent authority may send
the child to any place recognised as a fit
facility as prescribed for such period as it may
think necessary for the required treatment.
62 Section 94(1) Where it appears to the
competent authority that any juvenile or child
kept in a special home or an observation home
or a children‘s home or a shelter home or in an
institution in pursuance of this Act, is a mentally
ill person or addicted to alcohol or other drugs
which lead to behavioural changes in a person,
the competent authority may order his removal
to a psychiatric hospital or psychiatric nursing
home in accordance with the provisions of the
Mental Health Act, 1987 (14 of 1987) or the
rules made there under.
In Section 94 (2), the word “juvenile” shall
be deleted.
63 Section 96. (1). If during the inquiry it is
found that a child hails from a place outside the
jurisdiction of the competent authority, the
Board or Committee as the case may be, shall,
if satisfied after due inquiry that it is in the best
interest of the child and after due consultation
with the competent authority of the child’s
home district, order the transfer of the child, as
soon as possible, to the said authority, along
with relevant documents and following such
procedure as shall be prescribed.
Provided that such transfer can be made in case
of a child in conflict with law, only after the
inquiry has been completed and final order
passed by the Board.
In Section 96 (1), it has been mentioned to
transfer the enquiry of a juvenile to the place
of the child’s residence. This could not be
made as the allegation against the child has
to be dealt with in the same board as the
occurrence is in the jurisdiction of the board
which requires the examination of witnesses,
police officers and relevant factors.
Therefore, it is contravene to the principles
of justice of fair and reasonable enquiry by
the competent authority. The first proviso in
the same section has no purpose and it is
questioning the very competency of the
concerned board. This is not in accordance
with the established procedures.

Provided also that in case of inter-State
transfer, the child shall be, if convenient,
handed over to the competent authority of the
home district of the child, or to the competent
authority in the capital city of the home State.
64 Section 96 (2): Once the decision to transfer
is finalized, the Committee or Board as the case
may be, shall give an escort order to the Special
Juvenile Police Unit to escort the child, within
15 days of receiving such order;
Provided that a girl child shall be accompanied
by a woman officer; and Provided also that
where a Special Juvenile Police Unit is not
available, the Committee or Board, as the case
may be, shall direct the institution where the
child is temporarily staying or District Child
Protection Unit, to provide an escort to
accompany the child during travel.
Sub-section (2) of Section 96 has to be
deleted and should be found in the rules and
not in the Act. The sub-sections shall be
suitable rearranged subsequently. Further
the board or the committee could order the
transfer of the child and arranging escorts is
administrative matter and it is the
responsibility of the department that is in-
charge of juvenile justice and police.
65 Reports to be treated as confidential.
Section 100. All reports related to the
child and considered by the competent
authority shall be treated as confidential.
Provided that the competent authority may, if it
so thinks fit, communicate the substance
thereof to another authority or to the child
or to the child‘s parent or guardian, and may
give such authority or the child or parent or
guardian, an opportunity of producing evidence
as may be relevant to the matter stated in the
report.
Section 100 should be modified. The report
of the probation Officer is alone confidential
as the Pre-trial enquiry report or Social
enquiry report are intended to the
adjudication agency for arriving the
appropriate disposition option. Therefore the
report of Probation Officer is confidential. If
all the reports of the committee and the
board are confidential, the entire juvenile
justice would not exist and process
rehabilitation and social reintegration
measures.

66 Child Welfare Police Officer in Police
Stations and Special Juvenile Police Unit.
108. (1). In every police station, at least one
officer, not below the rank of assistant sub-
inspector, with aptitude, appropriate training
and orientation may be designated as the ‗child
welfare police officer' to exclusively deal
with children and be engaged in the
prevention of crime by children, in co-
ordination with the police, voluntary and
nongovernmental organisations.
(2). To co-ordinate all functions of police related
to children, the State Government shall
constitute Special Juvenile Police Units in each
district and city, headed by a police officer not
below the rank of an Inspector or above and
consisting of all police officers designated under
sub-section (1) and two social workers having
experience of working in the field of child
welfare, of whom one shall be a woman.
The designated police officer has to perform
the role of Child Welfare Officer in addition
to his normal duties and functions and
hence, the child’s issues would be in low
profile, not by intention but due to priority of
works. Therefore, the participants expressed
the word designated shall be substituted by
the word “appointed” so that an exclusive
police wing to handle the issues of children
could be formed and such officer in every
police station shall be not below the rank of
a Sub-Inspector of Police
In the sub-section (2) for the word
designated after the police officer shall be
substituted by appointed.

Comments on the Juvenile Justice (Care and Protection of Children) Bill, 2014 by Tamil Nadu Child Rights Observatory

Comments on the Juvenile Justice (Care and Protection of Children) Bill, 2014 by Tamil Nadu Child Rights Observatory

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Comments on the Juvenile Justice (Care and Protection of Children) Bill, 2014 by Tamil Nadu Child Rights Observatory