Managing Institutions for Juveniles in Conflict with Law and Recommendations HAQ: Center for Child Rights B1/2, Ground Floor, Malviya Nagar New Delhi - 110017 Tel: +91-26677412,26673599 Fax: +91-26674688 Website: www.haqcrc.org FaceBook Page: https://www.facebook.com/HaqCentreForChildRights

1. Managing Institutions for
Juveniles in Conflict with Law
and Recommendationsand Recommendations

2. Institutions (Rule 16)
Section-8/ Rules-16(2), 41(2)(a): Observation Homes (While inquiry is
pending) separate for girls & boys, to be set up…..
•According to age group i.e. 7 – 12, 12 – 16 (13 - 15) and 16 – 18 yr. (16
yr. & above) giving due consideration to:
• Physical and mental status, and
• Degree of offence committed.
Section-9/ Rules-16(2), 41(2)(b) Rules-: Special Home (Committed after
completion of inquiry)
•According to age group i.e. upto 12yr., 13 – 15 and 16yr. & above (for
girls above the age of 19 & boys 11 – 15 yr. & 16 – 18 yr.)
•giving due consideration to
• Physical and mental status, and
• Degree of offence committed.

3. Section-2(q), 12(3): Place of Safety (While inquiry is pending)
*Any place or institution (not being the police lock/ jail), the person in-
charge of which is willing temporarily to receive & take care of juvenile
and which in the opinion of the competent authority may be a Place of
Safety for the juvenile, ……
16(1) to be kept in such place of safety and in such manner as it thinks
fit and shall report the case for the order of the State Government, ……
May make such arrangement in r/o the juvenile to be kept under
protective custody? at such place and on such conditions as it thinks fit.

4. Rule 40(3)
Norms for building or accommodation for an institution for JCLs and
CCLs are prescribed with no distinction
Rule 68(9)
Personnel or Staffing pattern in all the institutions whether for JCLs or
CCLs are same
(Age group, mental & physical status and the nature of offences ignored)

5. A distinction is made between serious (an offence which for adults,
would entail a punishment for more than seven years) and non-
serious offences (offence entailing punishment for less than 7 years
for adults).
For serious offences FIR is registered and the juvenile is
apprehended to be produced before the Juvenile Justice Board (JJB)
within 24 hours for further appropriate order.
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Children
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within 24 hours for further appropriate order.
For offences of non-serious nature, the JWO makes a daily diary (DD)
entry and intimates the parents and forwards the information
concerning the juvenile to the Board. Child in this case is either
handed over to the family from Police Station itself or produced
before the Board for appropriate order.
Shouldn’t there be different institutional set up and distinctive care & treatment in view
of above distinction which would also help in better planning for effective rehabilitation?

6. Multiple Authorities
•Advisory Boards/ Inspection Committees
•State: the Nodal Department
•Juvenile Justice Boards
•Supervision Committee
DSLSA•DSLSA
•JJC, High Court
•NCPCR/ DCPCR
• Visiting Committee/ team of experts

7. Dispositional Order U/s 15
Allow the juvenile to go home after advice or
admonition following inquiry and counseling.
Direct the juvenile to participate in group
counseling and similar activities
To perform community serviceTo perform community service
Parent/s or juvenile to pay fine
To release on probation of good conduct
Place under care of fit person/ institution
Send to Special Home

8. Rehabilitation & Social Reintegration
(Chapter-IV)
1. Adoption
2. Foster Care
3. Sponsorship, and
4. After Care Organization4. After Care Organization
What is the relation/ connection of
Dispositional Orders u/s 15 and provisions of
Rehabilitation and Social Reintegration?

9. Dealing with JCLs
Juvenile Justice Board
Member Social
Worker
Principal
Magistrate
Member Social
Worker
Board
Supporting
Officials
ProbationPublic
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Children
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Probation
Officer
Naib Court/
Other Police
Officers
Juvenile
Welfare
Officer
Legal Aid
Counsel
Public
Prosecutor
Child/
Juvenile
Family/
relative
concerned
Family/
relatives in
other
matter(s)
Witness/
evidence/
victim(s)
Private
Advocates

10. How do we communicate with the child and others in his
presence ?
(during proceedings, investigation and his stay in the
institution )
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Children
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Communication matters!

11. Communication matters!
Waiting Hall at JJB
Production before JJB
CCI/ Home/ Restoration
Stages and the number of persons that a child (who is in
despair/ trauma/ fearful/ conflict) has to listen & respond?
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A child comes in contact with Police (JWO)/ apprehension
Information to Probation Officer (Para Counselor)
Information to Family/ Guardian/ relatives
Counsel for Legal Assistance
Waiting Hall at JJB
Medical assistance/ Counseling, if required

12. Interaction with Juvenile Welfare Officer:
Social Background Report (SBR) which includes the following:
1. Circumstances of the offence reported/ committed
2. Alleged indulgence of juvenile in the offence
3. Involvement of adult perpetrator
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3. Involvement of adult perpetrator
4. Family structure
5. Socio-economic condition of family/ community
(throughout the investigation till the matter is disposed off)

13. Interaction with/ intervention of Probation Officer
Social Investigation Report (SIR) which includes the following:
1. Juvenile’s personal profile: mental, physical condition (past &
present), habits, interests, personality traits, outstanding
characteristics
2. Family structure and antecedents, delinquency records
3. Socio-economic status, factors influencing juvenile’s development
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Children
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3. Socio-economic status, factors influencing juvenile’s development
4. attitude towards religion, ethics, school i.e. teachers, classmates
5. Companions/ peer influence, truancy, work history
6. Neighborhood & Neighbors report
7. Parents’ attitude towards discipline and juvenile’s reaction
8. Suggested causes of the problem and analysis of juvenile’s deviant
and delinquent behavior
9. Opinion of experts consulted
10. Recommendation regarding treatment and its plan by Probation
Officer

14. Interaction with/ intervention of Welfare Officer in CCI
Making Case profile (Case files):
1. Juvenile’s particular i.e. Face Sheet
2. Preliminary observation report
3. Counseling & Guidance enabling adjustment in the institutional
environment and cooping with co-residents
4. Immediate care & management
5. Problem analysis and remedial recommendation
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Children
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5. Problem analysis and remedial recommendation
6. Behavioral observations
7. Planning for his engagement in institutional activities in view of his
interest, habits and developmental aspects: Creativity, sports,
music, arts, performances
8. Skill development & Vocational guidance, education
9. Health care
10. Family contact and visit plan
11. Follow up/ progress report

15. Interaction with/ intervention of Welfare /Probation Officer in CCI
Individual Care Plan (FORM XXI):
1. Personal details (including summery of Case history)
2. Fortnightly progress Report (in case of juvenile placed under
supervision).
It includes educational, training, work employment, earning,
savings Bank/ Post Office Account detail, general conduct &
progress, relationship with family etc.
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Children
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progress, relationship with family etc.
1. Pre-Release Report: institutional care history, training, skill &
education acquired, rehabilitation plan including possible
placements, sponsorship requirement, linkages with NGOs in his
residence for follow up, earning, awards and opinion of the child
final progress report & recommendation of the Officer-in-Charge/
Welfare Officer/ Probation Officer etc.
2. Post-Release Report: Status of Bank/ Post Office Account (closed/
transferred), Earning-belongings handing over, placement record,
family attitude, use of skill acquired, school admission, follow up,
recommendation.

16. Interaction with/ intervention of other Care Givers/ Duty Bearers:
1. Medical Officer and Para medical staffs for health Care, treatment
2. Counselor for socio-psychological intervention, behavioral
modification, personality/ cognitive development
3. Psychiatric/ clinical psychologist’s intervention in case
recommended for psycho-diagnostic profile, intelligence
So, are we promoting participation of juveniles in his welfare &
rehabilitation and social reintegration process or exposing him to a
traumatizing intervention?
recommended for psycho-diagnostic profile, intelligence
assessment, treatment of psychological disorders.
4. Special Educator, trainer, Vocational Instructors
5. Sports Guide
6. Legal support Officers/ Legal aid counselors
7. Members of Inspection Committee, Management Committee,
Advisory Committee
8. Care Givers of the Child Care Institutions

17. Reformative &
rehabilitative
Mapping the
progress of the
child
Integration with
family/ Society
Process of Rehabilitation (U/s 40)
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Children
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Social
Investigation
Report (JCL)
Individual Care
Plan
rehabilitative
support
Confidence building
positive interaction
(non-interrogative)
Home Study
Report (CNCP)

18. Some Recommendations:
1. Restructuring of Juvenile Homes:
Building Design: Dormitories to be replaced by small room
(hostel rooms),
Facilities and staffing patterns to be based on the age group
specific needs, physical & mental status and nature of
offence alleged.offence alleged.
2. Creation of After Care Home/ an Institution for above 18
years.
3. Manuals for each category of Institutions with safeguard
provisions for the staffs in case of unrest taken place and
mechanisms to deal with habitually exhibiting unruly
behaviors .

19. 4. Strengthening coordination between Juvenile Justice
Boards and the Institution,
5. At least once in a month, sitting of the Board may be
held in the Institution,
6. Board should hold its sitting in the manner so it is
apparent that it is different from functioning of the
regular Court.
Can it be a round the table allowing all concerned
to have seats to sit that a juvenile also learns respecting
officials and elders in the family & society?

20. StrengthenProbation services
by creating separate Probation Unitsby creating separate Probation Units