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 its 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 Not Applicable

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

1.02

Labour department

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 Act against organizations / companies / factories employing child labour

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

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1.03

Government schools

1.04

Social Welfare Boards (Central and state) Police

1.05

Provide free education to all children and in this context, specifically to those children who are lodged temporarily in institutions. Participate in social audit instituted by central or state govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions 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 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 47 (but govt. schools not explicitly mentioned.) Rule 64

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

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

3.05

Advisory boards (Central, state, district and city level)

3.06

Special Juvenile Police Unit (SJPU)

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 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 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 44

Rule 38

Sec 62

Rule 93

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 childrens 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

Childrens Home (Boys and Girls Homes) (effectively the Officer-in-charge)

3.09

Shelter Homes (Short stay home)

3.10

Shelter Home (Transitional Home)

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 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) 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 34

Rule 54 & 86 Rule 29

Rule 37 Rule 47 & 48 Rule 49 Rule 58

Rule 86

Sec 37 & Rule 30

Sec 37 & Rule 30

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3.11

Shelter Home (24 hour Dropin centre)

3.12

Inspection Committee

3.13

State Child Protection Units (SCPUs)

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) Inspect operations of childrens 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 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 37 & Rule 30

Sec 35 Rule 63

Sec 62A

Rule 14 Rule 27 Rule 80

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3.14

District Child Protection Units (DCPUs)

3.15

Probation Officers

3.16 3.17

State Legal Services Authority University Legal service clinics

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 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 Provide legal services sought by the JJB Provide legal services sought by the JJB

Rule 37 & 81

Rule 84 Sec 11 Sec 12 Rule 65 Rule 87

Rule 14 Rule 14

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3.18

Management Committees

3.19 3.20

Missing persons bureau National Institute of public cooperation and child development Bridge schools / Open schools

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, prerelease 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 Trace missing children Participate in social audit instituted by central or state govt. to monitor implementation of the Act by reviewing establishment / functioning of all bodies / institutions Provide education to all children suiting their special needs due to accumulated learning deficits / inability to handle regular schooling Provide vocational training for children / juveniles in coordination with homes Provide vocational training for children / juveniles in coordination with homes

Rule 55

Rule 27 (not explicit though) Rule 64

3.21

Sec 47

3.22 3.23

Industrial Training Institutes (ITIs) Jan Shakthi Sansthans

Rule 48 Rule 48

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3.24

Childrens Committees

3.25

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

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

Rule 56

Sec 21 and Rule 18

3.26

Selection Committees

Rule 59 (duty not explicitly mentioned) Rule 92

3.27 3.28

State Human Rights Commission (SHRC) Indian council for child welfare Childline India Foundation

Rule 63 Rule 64

3.29

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 / childrens home / shelter homes Escort children when required Offer services to children with support of childrens home Be part of management committee if invited and contribute towards its goals Assist in restoration and follow-up of juveniles / children Submit follow-up status reports upto 2 yrs post restoration Provide safety and coordinate adoption of children declared free for adoption by CWC Care for children found to be needing medical attention / mental health support etc when ordered by CWC / JJB Take care of the juvenile / child temporarily until completion of inquiry and restoration Assist the CWC in cases of abused children Produce children found to be in need of care and protection before CWC Offer services to children with support of childrens home 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 Assist the CWC in cases of abused children Sec 32 & Rule 27 Sec 8,9, 34, 37

Rule 27 Rule 29 Rule 55 Rule 65

4.02

Adoption agencies

Sec 41

5) Civil Society / Individuals / Other organizations 5.01 Hospitals / leper asylums / de-addiction centres / mental health institutions etc Fit persons Lawyers Any public spirited citizen Sec 48, 58

5.02 5.03 5.04

Rule 13, 27 Rule 27 Sec 32 & Rule 27 Rule 29 Sec 32 & Rule 27 Rule 28

Social Workers

5.05 5.06

Mental health experts

Rule 27

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5.07

Schools of Social Work

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 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

Rule 64

Jai Hind !!!

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