Prepared by : Amrudesh S, Upasana Child Rights Trust, Aug 2010 Page 1 / 15

The system for implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 (as amended in 2006)

This document is intended to provide a list along with a summary of the main roles and responsibilities of the various

organizations including the government, the judiciary, the statutory institutions, voluntary agencies etc that are responsible for the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 (henceforth referred to as JJA,2000 or simply the ‘Act’). The set of all these institutions / bodies are together called here as the ‘system’. The aim of the document is to firstly help understand who all are supposed to be involved in the implementation of the JJA,2000 and what their essential role is. It is not envisaged as a comprehensive list of responsibilities as that would required almost a book to illustrate. The list of institutions / bodies involved though is very comprehensive.

It is to be noted that the Act in itself mandates the setting up of various statutory institutions and bodies and along with the national model rules (Juvenile Justice (Care and Protection of Children) Rules, 2007) sets forth the duties of the same.

Further, the Act and Rules, refer to various other institutions that are to act in support of these institutions to ensure good and proper implementation of the Act. Also, the Act envisages a substantial role for civil society to participate in roles such as the ‘fit person’ as it is quite clear that law and statutory institutions alone cannot solve these problems which arise in the society. It may be noted that there are 5 government bodies, the judiciary, 29 statutory institutions, 2 types of voluntary organization and 8 classes of the civil society / individuals / other organizations involved. The sheer number of institutions / bodies involved mean that implementation of the Act in it’s true spirit requires great coordination and effort from one and all, especially the state government.

Given below in the long table is the above mentioned content. Also, the last column of the table also cites the specific section

of the Act / Rule from the National model rules that places the specific role / responsibility on the particular institution. Hence, it is hoped that this document can also be used as a quick reference guide to the act and rules in terms of implementation mechanism i.e. the ‘system for JJA,2000’. Note: While all efforts have been made to be as accurate as possible, quoting directly from the Bare Act and Rules, minor discripancies in terms of personal understanding could exist. Request to give feedback on the same. Thanks.

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List of bodies / institutions and their roles / responsibilities under JJA,2000

Sl.No Name of the institution / body etc

Main Roles & Responsibilities Sec. of Act / Rule specifying the same

1) Government

1.01 Central and State Governments (Ministry of Women and Child Development)

Highest level responsibilities like formulation of policies and programmes / finding resources and passing on to the institutions / bodies for implementation, overseeing effectiveness etc Appoint selection committees for selecting candidates for the various commissions / statutory bodies like JJB, CWC, advisory boards etc Establish Institutions Review pendency of cases in front of CWC / adjust frequency of sittings of CWC etc Appoint Inspection committees, get social audits done Create a fund for the use by the system Prepare and notify rules for the implementation of the Act Develop and make available simplified versions of the Act and rules in regional languages Develop a sponsorship program for children at risk Monitor and evaluate implementation of act by conducting social audit of all bodies involved Recognise ‘fit institutions’ / certify organizations to

manage institutions Register all institutions / provide grant-in-aid if required

Not Applicable Sec 4, 29,62, 62A Sec 8,9,34, 37,44 Sec 33, 62 Sec 35, 36, Rule 95 Sec 61 Sec 68 Rule 16 Rule 37 Rule 64 Rule 69 & 70

Rule 71

1.02 Labour department Act against organizations / companies / factories employing child labour

Sec 26 & Rule 18 (but labour dept. not explicitly mentioned)

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1.03 Government schools Provide free education to all children and in this context,

specifically to those children who are lodged temporarily in institutions.

Sec 47 (but govt.

schools not explicitly mentioned.)

1.04 Social Welfare Boards (Central and state)

Participate in social audit instituted by central or state govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions

Rule 64

1.05 Police Apprehending Juveniles Allegedly in Conflict with Law & Inform parent / guardian / probation officer Place the Juvenile under SPJU / admit to Observation home / Escort children when required Register an FIR only if offence alleged on juvenile is serious (rape / murder etc) Apprehend juveniles escaped from institutions Take into custody and produce children found to be in need of care and protection before CWC Receive information in case of death of a juvenile / child in an institution and follow up the case

Sec 10, 12,13 & Rule 11,13, 27 Rule 11 Sec 22 Sec 32 Rule 59

2) Judiciary

2.01 Court of Session / High Court Referring cases involving juveniles to the JJB Order an inquiry to ascertain juvinility

Handle proceedings when they come in as appeal, revision or otherwise

Pass orders of adoption Receive information in case of death of a juvenile / child in an institution and follow up the case

Sec 7 Sec 7A

Sec 6(2), 20, 52, 53, 54

Sec 41 Rule 59

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3) Statutory Institutions / bodies

3.01 Juvenile Justice Board (JJB) Meet on all working days unless specifically ordered

Handle, adjudicate and dispose cases of Juveniles Allegedly in Conflict with Law

Order detention of juveniles if required in observation home pending inquiry / release to parent or guardian otherwise (if crime not serious) Order and obtain a Social Investigation Report about the juvenile from a probation officer / voluntary organisation Ensure legal aid for juveniles / direct district authority and police on providing infrastructure Monitor institutions and suggest improvements

Take action against those disclosing identity of juvenile Take action against those committing crime against child

Send quarterly information about cases to state / district child protection unit, state govt. and Chief Judicial / Chief Metropolitan Magistrate Consider and grant leave to juvenile Make an order of restoration and follow-up Recommend ‘fit institutions’ to state govt / declare ‘fit persons’

Rule 9

Sec 14,15 & Rule 10, 13

Rule 13 Sec 15 Rule 10 to 17

Sec 21 Sec 23 to 28 & Rule

18 Rule 10 Rule 62 Rule 65 Rule 69

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3.02 Observation Home (effectively

the Officer-in-charge)

Provide safe shelter, food, clothing, medical aid etc for

Juveniles Allegedly in Conflict with Law Classify and retain the children Provide also for their counseling / education / training during their stay Maintain proper records of admission / transfer / release etc Keep a copy of the Act and Rules for use by staff / juveniles Place each case before release before Management committees Pay for travel of parents / guardian during release of juvenile if required and give a set of necessary clothing to juvenile Inform child protection unit / police on escape of juvenile Provide education / vocational training through schools / inside Provide recreational facilities including sports Coordinate visits by parents / guardians and communication through letters / telephone calls between children and them Compliance with orders of the JJB Provide homely atmosphere of love, care, affection and development

Sec 8 & Rule 16

Rule 54 & 86 Rule 16 Rule 17 Rule 18 Rule 47 & 48 Rule 49 Rule 58 Rule 86

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3.03 Special Home (effectively the

Officer-in-charge)

Provide safe shelter, food, clothing, medical aid etc for

Juveniles in Conflict with Law Classify and retain the children Provide also for their counseling / education / training during their stay Provide for rehabilitation and social reintegration Maintain proper records of admission / individual development plans / transfer / release etc Keep a copy of the Act and Rules for use by staff / juveniles Place each case before release before Management committees Inform parents / guardians and handle release including sending juvenile to an after-care home if required Inform child protection unit / police on escape of juvenile Promote sponsorship programmes Provide education / vocational training through schools / inside Provide recreational facilities including sports Coordinate visits by parents / guardians and communication through letters / telephone calls between children and them Compliance with orders of the JJB Provide homely atmosphere of love, care, affection and

development

Sec 9 & Rule 16

Sec 40 Rule 54 & 86 Rule 16 Rule 17 Rule 18 Rule 37 Rule 47 & 48 Rule 49 Rule 58 Rule 86

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3.04 After-Care Organisation Provide safe shelter, food, clothing, medical aid etc for

juveniles leaving special home / childrens’ homes after they cross the age of 18 (till 21 yrs) when they have no place to go / support themselves Facilitate transition from institution based life to mainstream society Encourage / help to gain vocational skills / employment Provide peer counseling to help rehabilitation Pay a stipend until employment gained by the youth / arrange loan in case of entrepreneurial ventures

Sec 44

Rule 38

3.05 Advisory boards (Central,

state, district and city level)

Advise government on establishment / maintenance of

homes, mobilizing resources, providing education, training and methods of rehabilitation etc

Hold at least 2 meetings in a year Inspect institutional / non-institutional services / recommend action

Sec 62

Rule 93

3.06 Special Juvenile Police Unit (SJPU)

Act as a watch-dog for providing legal protection against cruelty, abuse of child / juvenile. Take serious cognizance of adult perpetrators of crimes against children and coordinate action against them Record social background of juvenile, circumstances of apprehension, offence alleged etc and forward to the JJB Produce alleged juveniles before JJB / children in need of

care and protection before CWC Assist in restoration and follow-up of juveniles / children

Submit follow-up status reports upto 2 yrs post restoration

Sec 62A & Rule 84 Rule 11 & Sec 32

Rule 65

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3.07 Child Welfare Committee

(CWC)

Meet on at least 3 days of a week (4 hrs / day)

Handle cases of children found to be in need of care and protection Ensure necessary care and protection Reach out to children who cannot attend Order a social enquiry by child welfare officer / voluntary organisation Passing orders to place child in a childrens’ home / restore to parents / guardian Pass order for placing children in Foster Care, provide sponsorship to families to support children Recommend ‘fit institutions’ to state govt / declare ‘fit persons’ Declare a child legally free for adoption Review condition of children in children’s homes / other voluntary organizations and recommend improvement Keep information on missing children and follow-up Maintain detailed records of all cases with a summary Coordinate with police, labour dept and others involved Facilitate filing of FIR in cases where appropriate Consider and grant leave to child Make an order of restoration and follow-up

Rule 24

Rule 25 Sec 29, 30 & Rule 25 Sec 33 Sec 42, 43 Rule 34, 37 Rule 25 Rule 27 Rule 62 Rule 65

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3.08 Children’s Home (Boys and

Girls Homes) (effectively the Officer-in-charge)

Provide safe shelter, food, clothing, medical aid etc for

children in need of care and protection Provide also for their counseling / education / training during their stay Maintain proper records of admission / individual development plans / transfer / release etc Prepare and follow individual care plans Facilitate foster care, adoption, sponsorship etc Offer specialized services during disaster, family counseling to prevent neglect etc Coordinate with volunteers / NGOs to provide services Promote sponsorship programmes Provide education / vocational training through schools / inside Provide recreational facilities including sports Coordinate visits by parents / guardians and communication through letters / telephone calls between children and them Compliance with orders of the CWC Provide homely atmosphere of love, care, affection and development

Sec 34

Rule 54 & 86 Rule 29 Rule 37 Rule 47 & 48 Rule 49 Rule 58 Rule 86

3.09 Shelter Homes (Short stay home)

Provide safe shelter, food, clothing, medical aid etc for children in need of support (upto 1 year)

Submit a report of children using the facility to CWC, DCPU etc and missing persons bureau (if lost child found, along with a photo)

Sec 37 & Rule 30

3.10 Shelter Home (Transitional Home)

Provide safe shelter, food, clothing, medical aid etc for children in need of immediate care and protection (upto 4 months) Submit a report of children using the facility to CWC, DCPU etc and missing persons bureau (if lost child found, along with a photo)

Sec 37 & Rule 30

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3.11 Shelter Home (24 hour Drop-

in centre)

Provide safe shelter, food, clothing, medical aid etc for

children in need of urgent support (day care or night shelter) Submit a report of children using the facility to CWC, DCPU etc and missing persons bureau (if lost child found, along with a photo)

Sec 37 & Rule 30

3.12 Inspection Committee Inspect operations of children’s homes Make visits at least once in 3 months either by giving prior intimation or as a surprise visit Visit and oversee condition in the institutions including safety, standards of care, looking for incidence of

violation of child rights, functioning of management committees

Suggest improvements Interact with children and take feedback Send report on findings / action taken report to state / district child protection unit

Sec 35 Rule 63

3.13 State Child Protection Units (SCPUs)

Provide for all necessary support (resources / infrastructure) to JJBs, CWCs and others to ensure proper implementation of the Act (including establishment / maintenance of institutions, coordination with various agencies, notifying JJBs / CWCs etc) Provide legal aid

Provide to CWC details of all child-care institutions Represent in selection committees

Make necessary funds available for setting up facilities Network and coordinate with all those involved Training and capacity building of all personnel (govt and NGO) Review functioning of committees

Sec 62A Rule 14

Rule 27

Rule 80

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3.14 District Child Protection Units

(DCPUs)

Identify children and families at risk and provide support

through sponsorship etc Maintain data of number of children in difficult circumstances Periodic mapping of all child related services available Implement sponsorship, foster care, adoption programmes Facilitate transfer of children on restoration etc Network and coordinate with all institutions Supervise and monitor all institutions Organize quarterly reviews with all stakeholders to monitor implementation of the Act Provide 2 social workers to each SJPU

Rule 37 & 81

Rule 84

3.15 Probation Officers File Social Investigation reports Supervise juveniles and act towards their development till release. Submit follow-up status reports upto 2 yrs post restoration Clarifying problems of the juvenile /child Participate in orientation, monitoring, education, rehabilitation of juveniles / children

Developing a care plan for each child Visiting regularly the juvenile / child if placed at home /

other place and filing fortnightly reports

Sec 11 Sec 12 Rule 65 Rule 87

3.16 State Legal Services Authority Provide legal services sought by the JJB Rule 14

3.17 University Legal service clinics Provide legal services sought by the JJB Rule 14

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3.18 Management Committees Management of the institutions and monitoring progress

of every juvenile / child and ensure proper care and treatment as per individual care plans Meet every month for below goals: Review custodial care, medical facilities, food water, sanitation, individual problems of children / juveniles / quarterly review of individual care plans Review vocational training, education, progress, pre-release preparation, minimum standards of care and infrastructure, daily routine, community participation Oversee all registers maintained by institutions and duly sign and stamp the same Review matters of childrens’ committees Setup and maintain a complaints redressal mechanism

Rule 55

3.19 Missing persons bureau Trace missing children Rule 27 (not explicit though)

3.20 National Institute of public co-operation and child development

Participate in social audit instituted by central or state govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions

Rule 64

3.21 Bridge schools / Open schools Provide education to all children suiting their special

needs due to accumulated learning deficits / inability to handle regular schooling

Sec 47

3.22 Industrial Training Institutes (ITIs)

Provide vocational training for children / juveniles in coordination with homes

Rule 48

3.23 Jan Shakthi Sansthans Provide vocational training for children / juveniles in coordination with homes

Rule 48

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3.24 Children’s Committees Meet every month and maintain record of same.

Contribute actively towards: Suggesting improvement of conditions of institution Review of standards of care Developing educational, vocational, recreational plans Report abuse and exploitation by peers / caregivers Management of institution by being part of management committees

Rule 56

3.25 National and State Commissions for protection of Child Rights (NCPCR /

SCPCRs)

Take suo motu cognizance of cases of disclosure of identity of juvenile /child and inform state / district child protection unit

Receive information in case of death of a juvenile / child in an institution and follow up the case

Sec 21 and Rule 18

Rule 59 (duty not explicitly

mentioned)

3.26 Selection Committees Consider applications in response to public advertisement Select and recommend a panel to SCPU / state govt. Hold inquiry if any complaint received against board member and recommend action to SCPU / state

Rule 92

3.27 State Human Rights

Commission (SHRC)

Be part of Inspection committees setup to monitor

functioning of institutions

Rule 63

3.28 Indian council for child

welfare

Participate in social audit instituted by central or state

govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions

Rule 64

3.29 Childline India Foundation Produce children found to be in need of care and protection before CWC Participate in social audit instituted by central or state govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions

Sec 32 & Rule 27 Rule 64

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4) Voluntary Organisations

4.01 Non-Governmental Organisations working

towards child rights / Juvenile Justice

Produce children found to be in need of care and protection before CWC

Submit report on circumstances in which child found / efforts made to trace parents / inform police etc

Establish and run Observation home / special home / children’s home / shelter homes Escort children when required Offer services to children with support of children’s home Be part of management committee if invited and contribute towards it’s goals Assist in restoration and follow-up of juveniles / children Submit follow-up status reports upto 2 yrs post

restoration

Sec 32 & Rule 27

Sec 8,9, 34, 37

Rule 27 Rule 29 Rule 55 Rule 65

4.02 Adoption agencies Provide safety and coordinate adoption of children declared free for adoption by CWC

Sec 41

5) Civil Society / Individuals / Other organizations

5.01 Hospitals / leper asylums / de-addiction centres / mental

health institutions etc

Care for children found to be needing medical attention / mental health support etc when ordered by CWC / JJB

Sec 48, 58

5.02 Fit persons Take care of the juvenile / child temporarily until completion of inquiry and restoration

Rule 13, 27

5.03 Lawyers Assist the CWC in cases of abused children Rule 27

5.04 Any public spirited citizen Produce children found to be in need of care and protection before CWC Offer services to children with support of children’s home

Sec 32 & Rule 27 Rule 29

5.05

Social Workers Produce children found to be in need of care and

protection before CWC As a case-worker, submit a report on the assessment of family situation, child and explain best interest of child as regards restoration / required care etc

Sec 32 & Rule 27

Rule 28

5.06 Mental health experts Assist the CWC in cases of abused children Rule 27

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5.07 Schools of Social Work Participate in social audit instituted by central or state

govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions

Rule 64

5.08 Schools of Law Participate in social audit instituted by central or state govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions

Rule 64

Jai Hind !!!