This document provides information about special homes under the Juvenile Justice Act in India. It defines special homes as institutions established by state governments for the rehabilitation of children in conflict with law. Special homes are meant to provide reformative services like education, counseling, and skill development to children during their stay. The goal is to support children in accepting responsibility, preparing for reintegration, and ensuring they do not reoffend. The approach in special homes is non-punitive and focuses on supporting children's rehabilitation and fresh start in life.

1. Subject : Criminology
Topic : Special Homes

2. Introduction:
“Special Homes” in Juvenile Justice
(Care and Protection of Children)
Act, 2015
 A child who is found to have
committed an offence by the
Juvenile Justice Board will be
placed in a Special Home.
 A Place of Safety will be setup
for children above the age of 18
years or children of the age
group of 16 - 18 years who are
accused or convicted for
committing a heinous offence.

3. Meaning and Purpose:
 Section 2 (v) of the Juvenile Justice
(Care and Protection of Children)
Act, 2000 defines “Special Homes” as
under :
Section 9, states that the “special
home” means an institution established
by the state government either by itself
or through voluntary or non-governmental
organizations certified by that
Government in every district or a group of
districts.
For rehabilitation of those children in
conflict with law who are found to have
committed and offence and who are
placed there by an order of the Juvenile
Justice Board made under section 18.

4. Section 9 of the Act defines:
 (1) Any State Government may establish and maintain either by itself or under
an agreement with voluntary organisations, special homes in every district or a
group of districts, as may be required of reception and rehabilitation of
juvenile in conflict with law under this Act.
 (2) Where the State Government is of opinion that any institution other than a
home established or maintained under sub-section (1), is fit for the reception
of juvenile in conflict with law to be sent there under this Act, it may certify
such institution as a special home for the purposes of this Act.
 (3) The State Government, may, by rules made under this Act, provide for the
management of special homes, including the standards and various types of
services to be provided by them which are necessary for re-socialisation of a
juvenile, and the circumstances under which, and the manner in which, the
certification of a special home may be granted or withdrawn.
 (4) The rules made under sub-section (3) may also provide for the
classification and separation of juvenile in conflict with law on the basis of
age and the nature of offences committed by him and his mental and physical
status.

5. Objectives of care in Special Home:
 Provide reformative services including education, skill development,
counselling, behaviour modification therapy, and psychiatric support
during the period of stay in the Special Home.
 Formulate and/or review and/or implement an Individual Care Plan for
each child based on understanding the child‘s background (familial
situation, peer and neighborhood influences, positive influences), needs
and interests, through the use of appropriate methods including
counselling sessions, interaction with the child‘s family, home visits,
aptitude testing for education and vocational training, and consultation
with physical and mental health professionals.

6. Objectives of care in Special Home:
 Ensure that children accept responsibility and take
accountability for the crime they were found to have
committed, and begin a process of healing and transformation.
 Preparing the child for reintegration into the family and
community with skills and a plan to ensure that he/she will not
commit crime again.

7. Approach to provision of services in a Special Home:
 Since Special Home is a reformative care facility which houses children found to
have committed offences for a period up to 3 years, and is not a prison, the approach
to provision of services the institution as a whole, and its duty bearers must be one
which ensures that:
 Children are not treated as criminals or prisoners and shall be provided with as much
liberty as is possible.
 Upon entering the institution, children must be reassured that the Special Home and
its staff are there to support them throughout the period of stay.

8. Approach to provision of services in a Special Home:
 Children are counselled through a process of taking accountability and
responsibility for their actions.
 Children must be supported to make a fresh start with their lives, and must
be supported to become emotionally and financially self-reliant as they
reintegrate back into society.

9. Conclusion:
 The empowerment of children by ensuring their human rights and
dignity provides an opportunity to change, the change which is
required for the growth and development of our country. The way we
deal with our children speaks volumes of our own character and
ensures in laying a concrete foundation for the future generations to
follow

10. Case Law:
Jayendra And Another vs State Of Uttar Pradesh on 24 July,
1981
Equivalent citations: AIR 1982 SC 685, 1982 CriLJ 1000, (1981) 4 SCC 149
 Supreme Court of India
 Bench: Y Chandrachud, E Venkataramiah
 ORDER Y.V. Chandrachud, C.J.
 1. Heard counsel. Special leave to appeal is granted to Appellant
1 Jayendra.
 2. We had called for a report from the Doctor in charge of the jail
hospital as regards the age of appellant No. 1, Jayendra. The
report of the Chief Medical Officer, Bareilly, Dr. P. D. P. Mathur,
dated Feb. 17, 1981 shows that by general appearance, physical
examination and radiological findings, the appellant Jayendra
was about 23 years of age on the date of the report. That would
mean that on June 17, 1974 which is the date of the offence, the
appellant was about 16 years and 4 months old. The estimate
given by the Chief Medical Officer, Bareilly is a rough estimate by
approximation but we have on the record the statement of the
appellant himself which is uncontradicted that he was above 15
years of age on the date of the offence.

11.  3. Section 2(4) of the Uttar Pradesh Children Act, 1951 (U.P. Act No.
1 of 1952) defines a child to mean a person under the age of 16
years. Taking into account the various circumstances on the record
of the case we are of the opinion that the appellant Jayendra was a
child within the meaning of this provision on the date of the
offence. Section 27 of the aforesaid Act says that notwithstanding
anything to the contrary in any law, no court shall sentence a child to
imprisonment for life or to any term of imprisonment. Section
2 provides, in so far as it is material, that if a child is found to have
committed an offence punishable with imprisonment, the court may
order him to be sent to an approved school for such period of stay
as will not exceed the attainment by the child of the age of 18 years.
In the normal course, we would have directed that the appellant
Jayendra should be sent to an approved school but in view of the
fact that he is now nearly 23 years of age, we cannot do so.
 4. For these reasons, though the conviction of the appellant
Jayendra has to be upheld, we quash the sentence imposed upon
him and direct that he shall be released forthwith. In so far as the
other appellant is concerned, his special leave petition has already
been dismissed.

12. Conclusion of Case Law:
Jayendra And Another vs State Of Uttar Pradesh on 24 July,
1981
 Supreme Court of India
 Bench: Y Chandrachud, E Venkataramiah
 ORDER Y.V. Chandrachud, C.J.
Where the order of the High Court sending a child to
imprisonment for committing an offence was challenged
before the Supreme Court. The Supreme Court called for the
report by the medical in charge of the jail to determine the
age of the child and it was found that the age of the child at
the time of committing an offence was 16 years and 4
months and the sentence for imprisonment was quashed
and the convict was released immediately.

13. Thank you….