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Organized by: Supported by:

Workshop on Every Child has a Right to Family

Venue: A.N.S Institute of social studies
Date: 8th October 2011

A workshop was organized to promote the notion that “Every Child has a Right to Family” by Prayas
juvenile Aid Centre and was supported by Adoptionscentrum, at A.N.S Institute of social studies. The
idea was to make people aware of the rights of children and to make them realize that every child has a
right to family irrespective of their Caste, ethnicity, Religion and status. On this day the session was
headed by Mr.Suresh Kumar, State Co-ordinator, Prayas juvenile aid Centre. He said that every child has
right to family as it’s one of their rights and JJ act also states that all other procedures are executed only
if the family is not fit to take care of the child. Otherwise Family is considered to be the best place for a
child for his holistic development. The main extracts of his session were as follows:

FUNDAMENTAL PRINCIPLES

The fundamental principle of juvenile justice system has been laid down in Rule 3 of the Juvenile
Justice (Care and Protection of Children) Rule 2007. The State Government, the Juvenile Justice

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Board, the Child Welfare Committee and other competent authorities or agencies while
performing their duties shall abide and be guided by these principles. These principles are –

Principle of dignity and worth:

Treatment that is consistent with the child's sense of dignity and worth is a fundamental
principle of juvenile justice. The juvenile's right to dignity and worth has to be respected and
protected throughout the entire process of dealing with the child from the first contact with law
enforcement agencies to the implementation of all measures for dealing with the child.

Principle of Right to be heard:

Every child’s right to express his views freely in all matters affecting his interest shall be fully respected
through every stage in the process of juvenile justice. Principle of Best Interest: In all decisions taken
within the context of administration of juvenile justice, the principle of best interest of the juvenile in
conflict with law shall be the primary consideration.

Principle of family responsibility:

The primary responsibility of bringing up children, providing care, support and protection shall be
with the biological parents. However, in exceptional situations, this responsibility may be bestowed on
willing adoptive or foster parents.

Principle of Safety:

At all stages, from the initial contact till such time he remains in contact with the care and
protection system, and thereafter, the juvenile shall no be subjected to any harm, abuse, neglect,
maltreatment, corporal punishment or solitary or otherwise any confinement in jails and extreme
care shall be taken to avoid any harm to the protection.

Positive measures:

Provisions must be made to enable positive measures that involve the full mobilization of all
possible resources, including the family, volunteers and other community groups, as well as schools
and other mainstream community institutions or processes, for the purpose of promoting the well-
being of the juvenile through individual care plans carefully worked out.

Principle of non-stigmatizing semantics, decisions and actions:

The non-stigmatizing semantics of the Act must be strictly adhered to, and the use of adversarial or
accusatory words, such as, arrest, remand, accused, charge sheet, trial, prosecution, warrant,
summons, conviction, inmate, delinquent, neglected, custody or jail is prohibited in the processes
pertaining to the juvenile.

Principle of non-waiver of rights:

No waiver of rights of the juvenile, whether by himself or the competent authority or anyone
acting or claiming to act on behalf of the juvenile, is either permissible or valid. Non-exercise of a
fundamental right does not amount to waiver.

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Child in need of care and protection'' means a child:

 Who is found without any home or settled place or abode and without any ostensible means of
subsistence?
 Who resides with a person (whether a guardian of the child or not) and such person-
 has threatened to kill or injure the child and there is a reasonable likelihood of the threat
being carried out, or
 has killed, abused or neglected some other child or children and there is a reasonable
likelihood of the child in question being killed, abused or neglected by that person,
 Who is mentally or physically challenged or ill children or children suffering from terminal
diseases or incurable diseases having no one to support or look after,
 Who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise
control over the child,
 who does not have parent and no one is willing to take care of or whose parents have
abandoned him or who is missing and run away child and whose parents cannot be found after
reasonable inquiry,
 Who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual
abuse or illegal acts,
 Who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
 Who is being or is likely to be abused for unconscionable gains,
 Who is victim of any armed conflict, civil commotion or natural calamity?

The other important points mentioned by him in the session were:

Rule 65, JJ Act, Restoration & Follow-up:

1. The order for the restoration of juvenile and the child shall be made by the board or
committee on the basis of a fair hearing of the juvenile or child and his parents or
guardian, as well as on the reports of the Probation Officers or Child Welfare
Officers or non-governmental organizations directed by the Board or Committee to
conduct the home study and any other relevant document or report brought before the
Board or Committee for deciding the matter. The Board or Committee shall send a copy of
the restoration order along with a copy of the order for escort as per Form XXII to the
District Child Protection Unit or State Government who shall provide funds for
restoration of the juvenile or child.
2. Every restoration shall be planned for as part of the individual care plans prepared by the
case-workers or counselors or child welfare officers or probation o f f i ce r , a s t h e c as e
m a y b e a n d s h a l l be b a se d o n t h e re v i e w a n d recommendations of the
Management Committee set-up under rule 55 of these rules.
3. Besides police, the Board or Committee shall seek collaboration with nongovernmental
organizations to accompany juveniles or children back to their family for restoration.
4. In case of girls, the juvenile or child shall necessarily be accompanied by female escorts.

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5. The expenses incurred on restoration of a juvenile or child, including travel and other
incidental expenses, shall be borne by the District Child Protection Unit or State
Government.
6. When a juvenile or child expresses his unwillingness to be restored back to the family, the
Board or Committee shall make a note of it in its records in writing and such juvenile or
child shall not be coerced or persuaded to go back to the family, particularly if the social
investigation report of the child welfare officer or probation officer establishes that
restoration to family may not be in the best interest of the juvenile or child or, if the parents
or guardians refuse to accept the juvenile or child back.
7. A follow-up plan shall be prepared as part of the individual care plans by the Child
Welfare Officers or Probation Officers or non -governmental organizations assigned
by the Board or Committee to assist in restoration of the child.
8. A quarterly follow-up report shall be submitted to the Board or Committee by the
concerned Child Welfare Officer or Probation Officer or non- governmental organization for
a period of two years with a copy to the Officer in-Charge of the institution from where the
juvenile or child is restored.
9. The follow-up report shall clearly state the situation of the juvenile or child post
restoration and the juvenile's or child's needs to be met by the State Government in order
to reduce further vulnerability of the juvenile or child.
10. The Officer-in-Charge shall file the follow-up report in the case-file of the juvenile or child and
place the report before the management committee set-up under rule 55 of these rules in
its next meeting.
11. The Officer-in-Charge shall also send a copy of the follow-up reports to the District Child
Protection Unit.
12. Where a follow-up is not possible due to unavailability of government functionaries or non-
governmental organizations, the concerned District Child Protection Unit shall provide
necessary assistance and support to the concerned Board or Committee.

Rule 26, JJ Act Procedure in relation to Committee

1) The quorum for the meeting shall be three members attending, which may include the
Chairperson.
2) Any decision taken by an individual member, when the Committee is not sitting, shall require
ratification by the Committee in its next sitting.
3) The Committee shall take into consideration the age, developmental stage, physical and
mental health, opinion of the child and the recommendation of the child welfare officer or
caseworker, prior to disposal of cases.
4) For final disposal of a case, the order of the Committee shall be signed by at least two members,
including the Chairperson.

Rule 27, JJ Act Production of a Child before the Committee

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1) A child in need of care and protection shall be produced before the Committee within
twenty-four hours, excluding journey time, by one of the following persons—
2) any police officer or Special Juvenile Police Unit or a designated police officer;
3) any public servant;
4) childline, a registered voluntary organization or by such other voluntary organization or
an agency as may be recognized by the State Government;
5) social worker;
6) any public spirited citizen; or
7) By the child himself.
8) In case of a child under two years of age, who is medically unfit, the person or the
organization shall send a written report along with the photograph of the child to the
Committee within twenty-four hours and produce the child before the Committee as soon as
the child is medically fit along with a medical certificate to that effect.
9) The Committee can suo motu take cognizance of cases brought to their notice and reach out to
a child in need of care and protection where necessary and the District or the State Child
Protection Unit or the State Government shall provide necessary, support and assistance to the
Committee for carrying out such functions.
10) In case the Committee is not sitting, the child may be produced before the single member of the
Committee as per the provisions laid down under the sub- section (2) of section 30 of the Act for
being placed in safe custody of parent or guardian or fit person or fit institutions, as the case
may be, till such time that the child can be produced before the Committee.
11) In case the single member is also not accessible, or that the hours are odd, the child shall be
taken by an non-governmental organization or Childline or Police to an appropriate
institution for children registered under the Act with all the necessary documents, and
placed in such institution till the time of production before the Committee.
12) The concerned institution shall inform the Chairperson or a member of the Committee
about such child and produce the child before the Committee within twenty-four hours and
in such cases, it may not be necessary for

Rule 33, JJ Act

 Specialized Adoption Agencies shall produce all orphaned and abandoned children
who are to be declared legally free for adoption before the Committee within twenty-four
hours of receiving such children, excluding the time taken for journey;
 a child becomes eligible for adoption when the Committee has completed its inquiry
and declares the child legally free for adoption;
 such declaration shall be made in Form XIV;
 a child must be produced before the Committee at the time of declaring such child
legally free for adoption;

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 whenever intimation is received by the police about an abandoned infant, the police shall
take charge of the infant and arrange to provide immediate medical assistance and
care;
 subsequently, the child shall be placed in a specialized adoption agency or
recognized and certified children's home or in a pediatric unit of a Government hospital
followed by production of the child before the Committee within twenty-four hours;
 free for adoption:
 in case of an abandoned child, the recognized agency shall within twenty-four
hours, report and produce the child before the Committee with the copy of
the report filed with the police station in whose jurisdiction the child was found
abandoned;
 the Committee will institute a process of inquiry, which shall include a thorough
inquiry conducted by the Probation Officer or Child Welfare Officer, as the case
may be and who shall give report in Form XIII to the Committee containing the
findings within one month;
 there shall be a declaration by the specialized adoption agency, stating that there
has been no claimant for the child even after making notification in at least one
leading national newspaper and one regional language newspaper for children
below two years of age and for children above two years, an additional
television or radio announcement and notification to the missing persons squad or
bureau shall be made;
 The steps stated in (iii) shall be taken within a period of sixty days from the time
when the child is found in case of a child below two years of age and in case. of
children above two years of age, this period shall be four months;
 the period of notification shall run concurrently with the inquiry to be conducted
and report submitted under clause (ii) of this sub-rule;
 the Committee shall declare the child legally free for adoption on completion of the process
of inquiry, including declaration of the specialized adoption agency made under clauses
(ii) and (iii) of this sub-rule;

With this the session ended.

Report of theWorkshop on Every Child has a Right to Family