Joint Submission From Pro Child

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JUVENILE JUSTICE (CARE AND PROTECTION) BILL 2014
COMMENTS AND RECOMMENDATIONS, A SUBMISSION FROM THE PRO-CHILD NETWORK , 3RD
JULY 2013, NEW DELHI
PART I
PRELIMINARY
1.1 Recommend change in the name of the Act to ‘Child Justice (care and protection) Act,
2014’. Since the term ‘juvenile’ has been replaced with the term ‘child’ all through the
proposed bill it should reflect in the title. Also, in all sections of the Bill, and in all
nomenclature used for bodies under the proposed bill, it is recommended that the term
‘juvenile’ should be changed to child.
PART II:
DEFINITIONS
2.1 Section 2 (c) “aftercare”- Recommendation: The definition should not be limited to
children leaving institutional care but must include all children who have been through
the juvenile justice system. Suggested revised text: “Aftercare” means provision or
support financial or otherwise, to young adults, who have completed the age of eighteen
years but have not completed the age twenty one years, and have left institutional care, or
the child justice system.
2.2 Individual Care Plan-Recommendation: To add a subsection to the chapter on
definitions which defines the Individual Care Plan. The definition suggested has been
adapted from the Delhi Juvenile Justice (care and protection) Rules, 2009.
Suggested definition: “individual care plan” is a comprehensive plan for the
development, rehabilitation and reintegration of every child in the child justice system,
approved by the competent authority and reviewed periodically, based on age specific and
gender specific needs and the case history of the child, prepared in consultation with
child, parent/guardian if available, duty bearers of the child justice system, seeking expert

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opinion if necessary, in order to restore the child’s self-esteem, dignity and self-worth and
nurture him into a responsible citizen. The plan shall address the following needs of a
juvenile or a child: health needs; emotional and psychological needs; educational and
training needs; leisure, creativity and play; attachments and relationships; protection from
all kinds of abuse, neglect and maltreatment; social mainstreaming; and follow-up post
restoration.
2.3 Section 2 (e) “Best interest of child” - The child’s own opinion is lacking in this
definition. The definition could be as follows
2.4 Section 2 (i) “Child in conflict with law” Recommendation: To keep the definition
consistent with the reference made in the preamble of the proposed bill.
Suggested revised text: “child in conflict with law” means a child who is alleged or
found to have committed an offence and who has not completed eighteenth year of age as
on the date of commission of the offence
2.5 Section 2 (j) (ii) “Child in need of care and protection”- Recommendation: The
Juvenile Justice (care and protection) Act supersedes all legislation related to children.
Hence, the definition of children in the JJA also supersedes that of any other legislation.
There it is recommended that the reference to the Child Labour (prohibition and
regulation) Act, 1986, must be removed from Section 2 (j) (ii) and any other subsequent
references to other legislation related to children may also be removed.
2.6 Section 2 (j) “Child in need of care and protection” – Recommendation: Include
section 2 (j) a subsection that brings children at risk of early marriage, or who have been
married before the legal age into the proposed Bill.
Suggested revised text: Any child who is at imminent risk of marriage before the legal
age and whose parents and other family members are likely to be responsible for the
solemnization of such marriage

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2.7 Section 2 (j) (iii) (c) “Child in need of care and protection” Recommendation:
Include ‘injured’.
Suggested revised text: has killed, injured, abused, neglected or exploited some other
child or children and there is a reasonable likelihood of the child in question being killed,
injured, abused, exploited or neglected by that person.
2.8 Section 2 (j) (iv) “Child in need of care and protection” Recommendation: Use
‘disability’ as a common reference for a child who is mentally ill, or mentally or
physically challenged. Disability definition referred to as that in the Rights of Persons
with Disability Bill 2014.
Suggested revised text: “who is with disability or suffering from a terminal disease
having no one to support or look after or having parents or guardians unfit or unable to
take care if found so by the competent authority after due inquiry.
2.9 Section 2 (j) (v) “Child in need of care and protection” Suggested revised text: ‘who
has a parent or guardian and such parent or guardian is found to be unfit or incapacitated,
by the competent authority, to care for and protect the safety and well-being of the child
after due inquiry;’
2.10 Section 2 (j) (vi) “Child in need of care and protection” Recommendation: Split
the subsection into two parts. Suggested revised text: “ (vi) who does not have parents
and no one is willing to take care of or whose parents have abandoned or surrendered him
(vii) or who is missing or run away child and whose parents cannot be found after due
inquiry;”
2.11 Section 2 (j) (viii) “Child in need of care and protection” Recommendation:
Include in Section 2 (j) a separate definition of trafficking to be defined as in section 370
of IPC and strengthen definition of children inducted into substance abuse.
Suggested revised text: “(viii) who is into substance abuse, or is vulnerable and is likely
to be inducted into substance abuse (ix) who is found vulnerable and is likely to be
trafficked as provided for in the Criminal law (amendment) Act, 2013, Section 370;”

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2.12 Section 2 (t) “District Child Protection Unit” Recommendation: According to the
Integrated Child Protection Scheme (ICPS) is an implementation and coordination body
for child protection activities established by the state government. It is not a monitoring
body. Hence, the definition of DCPU would need to be revised.
Suggested revised text: The District Child Protection Union means a child protection
unit at the district level, established under section 72 by the State Government, to
coordinate and implement all child protection activities in the district, with the
composition, role, and functions prescribed.
2.13 Section 2 (u) Fit Factility: Suggested revised text:–. “fit facility” means a facility
being run by a Governmental Organisation or a registered voluntary or non-governmental
organisation, prepared to temporarily own the responsibility of a child for a specific
purpose, on a short term basis, subject to a maximum of one week, and such facility is
recommended as fit for the said purpose, by the Competent Authority and recognised as
fit by District Child Protection Unit, under sub-section (1) of section 51 the proposed bill;
2.14 Section 2 (y) “Guardian”- Recommendation: The definition should be modified.
Suggested revised text: “guardian” in relation to a child means his natural guardian or
any other person, having, in the opinion of the Competent Authority, the actual charge of
the child, and recognised by the concerned court as a guardian.
2.15 Section 2 (ze), (zj), (zq), (zr), (zt), (zu): Recommendation: There needs to be a
safeguard against organizations providing residential care services to children who may
not be registered under the JJA, who may find a loophole which they could use to justify
non-compliance to standards of care outlined by the JJA and its Rules. Hence, is
recommended that the term ‘registration” be removed from all definitions of child care
institutions.
2.16 Section 2 (zg) (ii): Recommendation: Parents are rarely ‘unwilling’ to care for their
children, and experience has shown that with the right support, many are willing and able
to look after their children. Hence, it is recommended that Section 2 (zg) (ii) maybe
deleted from the proposed Bill.

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2.17 Section 2 (zj) “place of safety” Recommendation: Revert to the definition of place
of safety as provided in Section 2 (q) of the JJA 2000.
Suggested revised text: “ place of safety” means any place or institution (not being a
police lock-up or jail) the person in-charge of which is willing temporarily to receive and
take care of the juvenile and which, in the opinion of the competent authority, may be a
place of safety for the juvenile.
2.18 Section 2 (zk) “pre adoption foster-care” Suggested revised text: “pre-adoption
foster-care” means a stage when the custody of a child is given to prospective adoptive
parents (PAP) with a view to adopt, after the child has be declared legally free for
adoption.”
2.19 Section 2 (Zq)-“Registered” Recommendation: include a reference to all sections in
the act that contain provisions on registration.
2.20 Section 2 (zx) “surrendered child” Suggested revised text: “surrendered child”
means a child who is relinquished by the parents or guardian to the competent authority,
on account of physical, emotional and social factors beyond their control, and declared as
such by the competent authority.
2.21 Addition of definition of child protection committee to the proposed Bill.
Recommendation: Child protection committees at the state, district, block and village
level have been provided for in the Integrated Child Protection Scheme (ICPS). Since the
members of the CPC are drawn from the community, they are best positioned to make
early detection of cases of child rights violation, reporting such cases to the concerned
authorities and follow-up on the same. Hence, it is recommended that child protection
committees be brought into the purview of the proposed bill.
Suggested revised text: “Child Protection Committee” means a committee constituted
at the state/district/ block / village to provide protective, conducive environment for
children, undertake early detection of cases of child rights violation, reporting cases,

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awareness on child protection issues, coordinate and implement child protection
activities.
2.22 There needs to be a definition of child care institutions referred to in section 40.
2.23 There needs to be a definition of ‘children in contact with law’ as covered by the
ICPS.
PART III
CHANGES REGARDING CHAPTER II
3.1 Addition of the following text to the Principle of immediacy: Suggested revised text:
The competent authority and care takers in dealings with a child in need of care and
protection and in conflict with law should recognize the child’s needs and expectations and
appropriately express it in words and actions that have the quality of direct and instant
involvement with the child, a sense of urgency and no delay whatsoever.
PART IV
CHANGES IN CHAPTER IV
4.1 The term used in the title should be “child justice board” instead of juvenile justice
board.
4.2 In section 5 (2) Instead of using the word social worker, the word member should be
used.
Suggested revised text: A Board shall consist of a ... and two non-judicial members at least
one of whom shall be a woman…
4.3 In S. 5 (4) – Suggested revised text:: No member shall be appointed … as a member of
the board unless such person has been actively involved in health, education, social work,

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sociology, human development, anthropology, child protection or welfare activities
pertaining to children for at least seven years or a practicing professional with a degree in
child psychology.
4.4 S. 5 (5) Suggested revised text: The state govt. shall ensure that induction training and
sensitization of all members and principal magistrate of the Board…
Provided that the state govt. shall arrange for refresher training as often as it considers
necessary subject to a minimum of one training every six months.
4.5 S. 6 (4) Suggested revised text: In the event of any difference of opinion in the Board in
the interim or final disposal, the opinion of majority shall prevail, but where there is no
such majority, the opinion of the Principal Magistrate, shall prevail.
Provided that all dissenting views shall be recorded.
4.6 S.7 Suggested revised text: [retain from sub- section (a) till sub-section (c)]
S. 7 (3) (d) Suggested revised text: Directing the Probation Officer to undertake a
social investigation into the case, and submit a social investigation report within a
period of 15 days from the date of first production before the Board.
S. 7 (3) (e) adjudicate and dispose of cases of juveniles in conflict with law in accordance
with inquiry as provided under S. 13 of this Act.
… [retain from sub-section (f) to (h)]
S. 7 (3) (i) liaise with the Child Welfare Committees in respect of children who appear to
be children in need of care and protection
S. 7 (3) (j) order for registration of First Information Report for crimes committed under
Sections 74 to 86 of this Act or any other offence under any other law, committed by
anyone in respect of a child in conflict with law on a complaint made in this regard or

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suo-motu and in respect of a child in need and care of protection on being intimated by
the Committee in writing
S. 7 (3) (k) any other function that may be prescribed.
4.7 S. 8 (1) - Suggested revised text: When a magistrate, not empowered to exercise the
powers of Board under this Act is of the opinion that the person alleged to have
committed the offence and brought him is a child, he shall without any delay record such
opinion and forward the child and record of such proceeding, immediately to the board
having jurisdiction over the proceeding.
Provided that such person shall not be kept in jail or police lock up under any condition,
during such transfer and in case of any delay in immediate production of such person
before the concerned board such person shall be kept only in an observation home or fit
facility or place of safety or in the custody of a fit person.
PART V
CHANGES IN CHAPTER V
5.1 S. 9 (2) (i) Suggested revised text: To provide for persons or agencies through…
S. 9 (2) (ii) Suggested revised text: To provide … place of safety, fit facility, or fit
person, as the case may be.
5.2 S. 10 Suggested revised text: Any person in whose charge a child in conflict with law is
placed, shall while the order is in force, have responsibility as if the said person was the
child’s parent and shall be responsible for child’s care and protection.
Provided that the child shall continue in such person’s charge for the period stated by the
board not withstanding that the said child is claimed by the parents or any other person except
when the board is of the opinion that the parent or any other person are fit to exercise charge
over such child.
5.3 S. 11 (1) Suggested revised text: When any person alleged to have committed a bailable
or non-bailable offence, and is apparently a child, is apprehended or detained or appears or is
brought before a board such person shall, not withstanding anything contained in the code of

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criminal procedure, 1973 (2 of 1974) or in any other law for the time being in force be
released on bail by the officer in charge or by the board with or without surety or placed
under supervision of probation officer or under the care of any fit person;
Provided that such person shall not be so released if there appears reasonable ground for
believing that the release is likely to bring this person in to association with any know
criminal or expose a said person to physical danger or risk to life or that the person’s release
would defeat the interest of such child/ person or there is likely hood that such release will
allow any person to exploit such child/ person.
5.4 S. 11(4) Suggested revised text: When a child in conflict with law is unable to furnish
bail within seven days of the bail order such child shall be produced before the Board for
modification of conditions of bail.
5.5 S. 12 Suggested revised text: Information to parent, guardian or probation officer.-
Where a child alleged to be in conflict with the law is apprehended, the officer in-charge of
the police station or the special child police unit to which such child is brought shall, as soon
as may be after the apprehension, inform-
(a) the parent or guardian of such child, if he can be found, of such apprehension and direct
him to be present at the Board before which the juvenile will appear; and
(b) the probation officer of such apprehension to enable him to obtain information regarding
the antecedents and family background of such child and other material circumstances likely
to be of assistance to the Board for making the inquiry
5.6 S. 13 Where a child alleged to be in conflict with law having been charged with the
offence is produced before a Board, the Board shall hold the inquiry in accordance with the
provisions of this Act and may make such order in relation to such child as it deems fit:
Provided that an inquiry under this section shall be completed within a period of four months
from the date of its commencement, unless the period is extended, for a maximum period of
two more months by the Board, having regard to the circumstances of the case and after
recording the reasons in writing for such extension.
Provided that if such inquiry by the Board remains incomplete even after the extended period,
the proceedings shall stand terminated.

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Provided further that for special cases, in case the Board requires further extension of time for
completion of inquiry, the same may be granted by the Chief Judicial Magistrate or Chief
Metropolitan Magistrate for reasons to be recorded in writing.
Explanation I: For the purpose of this section, special cases are cases involving transnational
criminality, cases which have been received by way of transfer from adult court, cases in
which appeal or revision or any other proceeding has been instituted in any higher courts, or
any other kind of case as may be prescribed.
Explanation II: An inquiry commences from the day of first production of child before the
board.
5.7 S. 14 we do not agree with it- it must be removed.
5.8 .S. 17 … On basis of a Social Investigation Report, the board may, if it so thinks fit, pass
a reasoned order to,- …
5.9 S. 17 (3) we do not agree with it- it must be removed.
5.10 S. 19 we do not agree with it- it must be removed.
5.11 S. 23 delete the proviso because it is giving retrospective effect to this law.
PART V
CHANGES IN CHAPTER VII
5.1 Section 46 – Remove the proviso because the concept of preliminary inquiry has been
mentioned for the first time in this provision.
5.2 Section 48- delete after “as it deems proper” because there is double qualifier of
protective custody within the same provision.

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5.3 Section 52(1) suggested text: The Competent Authority shall, after due verification of
credentials, recognise any person fit to temporarily receive a child for care, protection and
treatment of such child for a specified period and in the manner prescribed.
(2) The Competent Authority, as the case may be, may withdraw the recognition granted
under sub-section (1) for reasons to be recorded in writing.
PART VI
ISSUES WITH CNCP
6.1 25 (1) 25( 2) The inclusion of the Deputy Commissioner or District Magistrate and the
Chief Medical Officer of the district as Chairperson and member respectively is against
the philosophy of the Act. The above two officials are Public servants and may not have
any background or technical capacity of addressing child protection issuests. The DC is a
chairperson of the District Child Protection Units/ DCPCs which is the service delivery
mechanism in ICPS at district level whereas CWC is a quasi judicial authority. This
would lead to the conflict of interest. It is also strongly felt that this would impact the
independence and autonomy of the child welfare committee. Also these members have
multiple responsibilities and may not have adequate time towards case management
which is time intensive. It would not serve the best interest of children.
25 (3) Suggested revised text: “A person to be selected as a chairperson or a member of
the committee shall have either of the following qualifications, in addition to a minimum
of seven years experience in their respective fields:
• A person with a post graduate degree in social work, Psychology, Human
development, Child protection, education, sociology, law, criminology, and where
such a person is not available, a person with atleast a graduate degree in any of the
social science disciplines.
• A teacher, doctor, or a social worker who has been involved in work concerning
children
The Chairperson or member of the committee shall be a person not less than 35 years of age

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• Under s. 25 refresher training must be included.
• Constitution of Selection Committee should be in the Act.
• The lacuna is that the tenure for appointment is to be determined by the rules. Tenure,
terms and minimum number of sittings has to be added in the Act.
6.2 26 (2)- Suggested revised text: “ A child in need of care and protection may be produced
before an individual member for being placed in a child care institution”
6.3 S 26 (3) Suggested revised text: “In the event of any difference of opinion in the
Committee at the time of any decision, the opinion of the majority shall prevail but where
there is no such majority the opinion of the Chairperson shall prevail” and all dissenting
opinions must be reduced in writing.
6.4 S. 28 (iii) Suggested revised text: “ directing the Child Welfare Officers or District
Child Protection Unit or Non-Governmental Organisations to conduct social investigation
and submit a report before the Committee “.
6.5 S. 28 (vii) Suggested revised text: conducting regular inspection of residential facilities
for children in need of care and protection (minimum one inspection visit per quarter and the
frequency can be increased if the CWC deems fit) and recommend action for improvement in
quality of services to the District Child Protection Unit and the State Government;
Add a Point after 28 (iv) The CWC should approve the Individual Care Plan for each in its
purview. Such individual care plan should be prepared and presented by the DCPU or child
welfare officer of the child care institution.
6.7 Add the following to section 28, functions of the CWC:
• Co-ordinate with the Police, Labour Department and other agencies involved in the
care and protection of children with the support of District Child Protection Unit or
State Child Protection Unit or State Government;
• In case of a complaint of abuse of a child in any premises, the Child Welfare
Committee causes an inquiry and based on the inquiry report , the committee should

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give direction to the following for the rescue based on the nature of abuse - Police,
DCPU, Labour department, CHILDLINE as required.
6.8 COMMENT on Section 33
i. Surrender as referred to in this section specifically caters to adoptable children.
The provision of Surrender should either have a limitation of age or the age
specific provisions should be referred to. The views and consent of the child is
paramount for consideration in the process of surrender which is not referred in
the Bill.
ii. The time of reconsideration should not be decreased from two months to one
month. This will impact the process of surrender adversely.
iii. section 33 (3). suggested text: The surrendering parents or guardian, as the case may
be, shall be given two month time to reconsider their decision to surrender the child and
in the interim period the Committee shall either allow, after due inquiry, the child to be
with the parents/guardians under supervision, or place the child in a Specialised Adoption
Agency if he or she is below six years of age, or a children’s home if older.
6.9 Suggested revised text: Section 34 (2) of section 29 may pass an order to send the child
to the a children‘s home or shelter home or a fit facility or fit person, and for speedy social
investigation by a social worker or child welfare officer.
Rationale: The Special Juvenile Police Officer should be deleted as it does not have the
capacity to conduct a social investigation.
The Child Welfare Police Officer is deleted as the Police should not be conducting a Social
Investigation.
PART VII
CHANGES IN MISCELLANEOUS PART
7.1 Suggested revised text:

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Insert S. 104A. Constitution of Selection-cum-oversight Committee.—(1) The
Government shall constitute a Selection-cum-oversight Committee for a period of three years
by notification in the official gazette for the purpose of selection of members of the Board or
Chairperson and Members of the Committee, for receiving complaints against a sitting
members of the CWC or JJB, for conducting necessary inquiry and making suitable
recommendations to the state government for appropriate action.
S. 104 (B) The Selection cum Oversight Committee shall consist of the following seven
members, namely:-
(a) a retired judge of High Court as the Chairperson;
(b) one representative from the Department of Social Welfare , not below the
rank of Director as the Member Secretary;
(c) two representatives from two different reputed non-governmental
organizations working in the area of child development or child protection for
a minimum period of seven years but not running or managing any children’s
institution;
(d) two representatives from academic bodies or Universities preferably from the
faculty of social work, psychology, sociology, child development, health,
education, law, and with special knowledge or experience of working on
children’s issues for a minimum period of seven years; and
(e) a representative of the State Commission for Protection of Child Rights.
(2) The quorum for the meeting of the selection-cum-oversight Committee shall not
be less than four members, including the Chairperson and the Member Secretary.
(3) The Member Secretary of the selection-cum-oversight Committee shall be
responsible for convening the meetings of the selection-cum-oversight Committee at such
times as may be necessary for facilitating and carrying out the functions of the Selection
Committee.
S. 104 (C) the functioning and procedures to be followed by the Selection cum Oversight
Committee shall be as prescribed

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