ASSIGNMENT

CHILD RIGHTS JURISPRUDENCE IN INDIA

Submitted by
Shikhar Srivastava

1st Semester, 1st Year

SM0121057

Faculty in Charge
Mr. Himangshu Ranjan Nath

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

Submitted on- 12-01-2022
THE ROLE AND RESPONSIBILITIES OF CHILD CARE
INSTITUTIONS UNDER THE JJB ACT ACT: AN ANALYSIS
INTRODUCTION
In this country, many children do not have a safe home or family. Orphans, abandoned,
surrendered, and trafficked children, as well as children whose family are unable to care for
them, are among these youngsters. Children in need of care and protection are placed in
specialist adoption agencies, children's homes, open shelters, observation homes, special
homes, and places of safety. According to a Ministry of Women and Child Development report,
the country has over 9,500 facilities that house over 3,70,000 children.  Juvenile Justice (Care
and Protection of Children) Model Rules (hereinafter referred to as JJMR 2016) were enacted in
2016 to cater for the best interests of the child, and the Juvenile Justice (Care and Protection of
Children) Act 2015 (hereafter referred to as JJ Act 2015) was enacted in 2015 to cater for the
same purpose by the ministry for the said purpose.
India's commitment to such children is reinforced in the National Policy for Children of 2013, in
accordance with the Convention on the Rights of the Child. "With due regard for the child's best
interests and guaranteeing quality standards of care and protection, the State shall endeavour
to secure the rights of children temporarily or permanently deprived of parental care by
ensuring family and community-based care arrangements, including sponsorship, kinship, foster
care, and adoption, with institutionalisation as a last resort."
A child care facility, as described by the JJ Act, 20151, is a Children Home, Open Shelter,
Observation Home, Special Home, Place of Safety, Specialised Adoption Agency, and a Fit
Facility that is recognised by the Act for providing care and protection to children in need.
Observation Homes, Special Homes, and Places of Safety give residential care and protection to
children who have run afoul of the law. Observation Homes and Special Homes each have a
particular goal and purpose for the services they provide to children in confrontation with the
law, hence their approaches will differ. The Place of Safety serves as an Observation Home or a
Special Home for children aged 16 to 18 who have been accused or proven guilty of committing
terrible crimes.

Observation Homes 
An Observation Home (hence referred to as OH) is a child-care institution that is "for the
temporary reception, treatment, and rehabilitation of any child alleged to have broken the law
while an investigation is underway." According to Section 47 of the JJ Act 2015, the State

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Government is required to establish and operate Observation Homes in each district or group
of districts, either independently or through non-governmental groups (NGOs). Separate OHs
for boys and girls, as well as age-based segregation, should be introduced, according to the
JJMR, 2016, Rule 29(1)(i)2, taking into account physical and mental health, as well as the
seriousness of the offence committed.
These residences will be built in every district or for a group of districts for the course of any
investigation for the temporary reception, treatment, and rehabilitation of any child suspected
of breaking the law. If a child cannot be brought well before Juvenile Justice Board (JJB) or a
single member due to late hours or distance, the Child Wellbeing and Protection Officer
(CWPO) should retain the child in the OH or a suitable facility and produce the child before the
JJB within 24 hours of arrest, according to Rule 9 of the JJMR 2016. If a child's bail is denied, the
youngster may be placed in an OH.
Residential care in an OH has the following goals:

 Ensure the alleged CCL's safety, protection, and care during the investigation.
 To assist the kid during the period of investigation by ensuring that legal assistance is
available to the child, ensuring attendance at all hearings, and explaining the process
and status of the case to the child.
 To develop an Individual Care Plan for each child based on a thorough understanding of
the child's background (familial situation, peer and neighbourhood influences, positive
influences), needs, and interests, using appropriate methods such as counselling
sessions, interactions with the child's family, home visits, aptitude testing for education
and vocational training, and consultation with physical and mental health professionals.

Special Homes
A Special Home, as described by Section 2(56) of the JJ Act, is an institution responsible for
"housing and providing rehabilitative services" to children who have been found guilty of a
crime and ordered to be placed there by the JJB or the Children's Court. Section 47(1) required
the State Government to establish and manage Special Homes in each district or set of districts,
either on its own or in collaboration with volunteer or non-governmental groups (NGOs).
According to Rule 29 (1)(ii) of the JJMR 2016, separate Special Homes should be established for
girls above the age of ten, boys aged eleven to fifteen, and boys aged sixteen to eighteen. The
children at the Special Home should be placed into groups based on the nature of their offences
as well as their mental and physical state.

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In a Special Home, the following are the goals of care:

 During the length of stay in the Special Home, provide reformative services such as
education, skill development, counselling, behaviour modification treatment, and
psychiatric support.

 Formulate, review, and/or implement an Individual Care Plan for each child based on a
thorough understanding of the child's background (familial situation, peer and
neighbourhood influences, positive influences), needs, and interests, using appropriate
methods such as counselling sessions, interactions with the child's family, home visits,
aptitude testing for education and vocational training, and consultation with physical
and mental health professionals.

 Ascertain that youngsters accept responsibility for the offence they were determined to
have committed and begin the healing and transformation process.

Place of Safety
According to Section 49 of the JJ Act 2015, the state government should build at least one
"Place of Safety" for children who have been accused of or determined to have broken the law.
Children or individuals who are under investigation and children or people who have been
convicted should have separate arrangements and facilities. It must not be a police station or a
jail, as stated in Section 2(46) of the JJ Act 2015. It can be used as a stand-alone unit or as part
of a larger Observation or Special Home. If the JJB or Children's Court makes an order, the
person in charge of the safe-haven should be willing to take the child. People who have been
found guilty can be placed in a secure facility while their case is examined and they are
rehabilitated.
According to Sections 18, 19, and 49 of the JJ Act 2015, as well as Rule 29 of the JJMR 2016, the
JJB or Children's Court can order a person to be relocated to a safe environment in six distinct
circumstances:
1. While the inquiry is ongoing, for youths aged 16 to 18 who are suspected of committing
a serious offence;
2. After the inquiry is done, juveniles aged 16 to 18 are discovered to have been implicated
in a horrible crime;
3. Persons over the age of 18 who have been accused of committing an offence while
under the age of 18 and are awaiting charges;
 4. After the investigation is concluded, persons over the age of 18 who are proven to be
involved in an offence;
5. For children placed in protective custody by the Board under clause (g) of sub-section (1)
of Section 18 of the Act because the JJB believes it is not in the child's or other children's
best interests to keep them in a Special Home; 
6. For a person whose claim to be a child is being investigated and is required to be kept in
protective custody.
The setting up of a safe place is outlined in Section 49 of the JJ Act. It states that anyone over
the age of eighteen who is suspected of or found guilty of committing a heinous crime, or a
child in conflict with the law between the ages of sixteen and eighteen who is between the ages
of sixteen and eighteen, must be placed in at least one place of safety in a state listed under
Section 41 of the JJ Act. Separate arrangements and facilities must be made for the housing of
such children or persons during the inquiry process, as well as children or persons who have
been convicted of committing an offence. Through legislation, the State Government may
specify the sorts of areas that can be designated as places of safety under subsection (1), as
well as the facilities and services that can be provided there.
Model Rule 85 (iv) requires the District Child Protection Unit (DCPU) to evaluate the child
placed in a place of safety every year and send the report to the Children's Court. It is debatable
whether a person or a child who has reached the age of 18 at the time of arrest or during the
investigation should be institutionalised. This is clearly stated in the JJ Act. It states (under
Section 49) that the State Government shall create at least one place of safety in each state,
which shall be completely registered under Section 41, in which such persons or children shall
be lodged if apprehended after the age of eighteen years. A CICL between the ages of sixteen
and eighteen who has been charged with or convicted of a serious offence will also be placed in
a Place of Safety.
The child's right to contact with family is denied, according to the Handbook of Advocates,
when the child's Place of Safety and Special Home is not established in the district where the
child's family lives or in the district where the concerned JJB/Court Children's has jurisdiction
over the child's case. All of this could have an impact on the child's reformation evaluation
when he or she becomes 21. In such circumstances, the lawyer can submit a video-conferencing
request. The Children's Court and the JJB can be notified about the lack of rehabilitative
services within the Place of Safety. The High Court Committee and Juvenile Justice could be
notified of the implementation gap.

Fit facility 
The JJ Act authorises children to be placed in a "Fit Facility" for a limited time. A fit facility is one
that is controlled by the government or a voluntary or non-profit organisation and is prepared
to care for a child temporarily for a specific reason, according to Section 2 (27) of the Act.
The JJB or the Child Welfare Commission (CWC) can recognise a facility run by a governmental
organisation or a voluntary or non-governmental organisation (NGO) registered under any law
currently in force as being fit to temporarily take responsibility for a child for a specific purpose
under Section 51(1) of the JJ Act 2015. After a comprehensive study into the facility's and
organization's suitability to care for the child in the manner that may be recommended, this is
done.
The distinction between a fitness centre and a residential residence is crucial. While a
residential home (Observation Home, Special Home, or Children's Home) aims to provide long-
term care, a Fit Facility is only meant to give temporary care. The following are some examples:

 The CWC or JJB may place a kid with a substance abuse problem in a de-addiction centre
if the facility is deemed appropriate for the youngster.
 If a child is suffering from a disease that demands specific treatment or quarantine, a
specialised hospital may be the best option.
 The JJB has the power to release a child on probation and place him or her in a suitable
institution, as well as to order that the kid be monitored by a Probation Officer who
must submit Form 10 reports every three years.
 The CWC may issue orders for the kid to be placed in safe care in an appropriate facility
until he or she may be placed in a home or restored to their parents or guardians after
speaking with the child.
If the kid is placed in a fitness facility, Model Rule 11(8) states that the JJB must evaluate the
fitness facility or special home that is nearest to the child's parent or guardian's home, unless it
is not in the best interest of the child.
To be certified as a fit facility, a facility must meet the following criteria:

1. Provide basic services to any child placed with it;

2. prevent any kind of cruelty, exploitation, neglect, or abuse of any type to any child
placed with it;
3. and meet the minimum standards of care and protection for children.
4. Follow the instructions of the Board or Committee.

The procedure followed if a child runs away from a child care

institution
Any child who has escaped from an Observation Home, Special Home, or other place of safety,
or from the care of a person or institution under whom the kid was placed by a JJB/Court
Children's order, can be taken into custody by the police, according to Section 26 of the JJ Act
2015. The child must then be produced within 24 hours of the JJB that authorised the original
order, or the JJB that is nearest to where the child was discovered. The JJB should determine
why the child ran away and then make orders for the child to be returned to the same or similar
area or person. Extra directions for any specific acts that must be taken in the child's best
interest can also be included.
There should be no further legal action taken against such a child. For example, if a child flees
an Observation Home after being sexually assaulted by a staff member, the JJB may decide to
transfer the child to another facility. It could also order counselling and medical evaluations in
the best interests of the child, as well as a police report.

Gaps within the Child Care Institutions

Systematic Abuse
According to a 2013 report by the Asian Centre for Human Rights (ACHR), "India's Hell Holes:
Child Sexual Assault In Juvenile Justice Homes," "juvenile justice homes....have become India's
hell holes where inmates are subjected to sexual assault and exploitation, torture and ill-
treatment, apart from being forced to live in inhuman conditions."
Systemic abuse can be avoided by developing an unfavourable culture inside the institution. A
written code of conduct for employees and visitors, as well as awareness training for trustees,
staff, and children, and large visible posters urging reporting, are all examples of how to
establish such a culture. Life skills training and the formation of kid committees can also help
empower children. Visits from partner charities and therapists on a regular basis can also assist
to build an open and safe atmosphere.

Gaps in Funding and Data Collection

Adequate funding for childcare facilities is included in the Integrated Child Protection Scheme
(ICPS)3. However, in fact, implementation differs by state, and funding is erratic and
unpredictable. Additionally, while the Child Welfare Committee and the District Child Protection
Unit are responsible for regulating childcare facilities, they lack current data on children and
rely on random inspections. In addition to inspections, we propose that supervision be directed
by child-level data, which is difficult to manipulate and accurately reflects reality on the ground.
The ICPS can be used to assess how much money is disbursed based on the number of children
in a facility and the outcomes obtained. Data can be collected and kept up to date by digitising
the Juvenile Justice Department's numerous registries (JJ Act). We also need to collect data on
outcomes, such as BMI, sickness prevalence, and children who require severe medical
intervention, among other things. Six-monthly checks, for example, are an excellent way to

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assess BMI, disease prevalence, children requiring significant medical intervention, and so on.
Similarly, an assessment test can be used to evaluate a child's educational status once a year.

Lack of training for Children

Children must leave the facility when they reach the age of 18, and most children receive
minimal help after that. Aftercare is a major flaw in all institutions, and it isn't even a priority for
most.
Preparation should begin at the age of 14 or 15 while the youngster is in the institution. Career
awareness, life skills, and basic financial literacy are all important in preparing a child for the
day when they will have to leave and become self-sufficient. By the time the child reaches the
age of 18, he or she should have a clear path to a decent life and the resources to get there.
Mentoring and handholding, similar to how a parent would look after a child during these
formative years, are required in addition to financial aid. CCI needs to create connections with
non-profits that can help with follow-up. The main goal must be rehabilitation, and our
corruption will become a reality unless the problem of the "last mile" is addressed.

Lack of Technical Staff

Most childcare facilities are well-intentioned, but they lack the required experience and
personnel. They need help understanding the processes, documentation, and compliance
requirements of the JJ Act, as well as the ICPS scheme's compliance obligations. Trustees and
employees, likewise, require child care training or nutritionist support in order to improve their
diet by consuming locally accessible foods. Institutions also require "know how" in areas such as
life skills, vocational training, and the creation of child plans. The majority of childcare centres
are either too small or untrained to provide these services.

Conclusion
As previously said, there exist laws and norms in India regulating childcare institutions;
nevertheless, tougher application by the legislature is essential before we can expect a better
life for the juveniles, which is the ultimate goal of juvenile justice administration. Only stricter
enforcement of the laws relevant to the Act will achieve the goal of its enactment.