The government bears responsibility to ensure Care Leavers receive necessary support and legal identity, as enshrined in the Juvenile Justice Act.

ORDER

30.05.2025

Reportable

By the Court:

“The true character of society is revealed in how it treats its children.” -Nelson Mandela

1. A healthy and happy childhood for every child ensures opportunities for them to discover their full potential and flourish in all aspects of life.

2. Protecting children’s right is not just a legal obligation, it is a moral imperative that directly impacts the future of our society. In India, millions of children face challenges that threaten their safety, well-being and development. The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.

3. The Fundamental Rights incorporated in Part-III, the Directive Principles of State Policy in Part IV and the Fundamental duties in Part IV-A of the Constitution of India, play a significant role in affirming child rights. Article 15 of the Constitution of India authorizes the State to make special provisions for children and Article 21 guarantees them right to protection of life and personal liberty.

4. The Article 39 of the Constitution of India mandates that the State should formulate its policies in a way so as to protect children of tender age from abuse. While doing so, the State must ensure that children are provided with ample opportunities and facilities to develop in a healthy environment, ensuring conditions of freedom and dignity and safeguarding their childhood and youth from being exploitation, moral and material neglect.

5. The 21^st century has heralded a number of important policies, legislative initiatives and significant judicial interventions protecting child rights in India. Several important bills, in this regard, are also presently pending before the Parliament of India. In the recent years, certain major strides were witnessed which include landmark legislations like Protection of Children against Sexual Offences (POCSO), Juvenile Justice (Care and Protection of Children) Act 2015 (for short, "the JJ Act, 2015"), etc. The JJ Act was enacted to strengthen the law relating to children who are in need of care and protection by meeting their basic needs through adequate care and protection, development, treatment along with the social reintegration by adopting and implementing a child- friendly approach in the finest interest of children and their rehabilitation. Under the JJ Act, 2015, a Child Welfare Committee (CWC) is constituted as an autonomous body for addressing the issues pertaining to children who are orphan, lost and abandoned or otherwise in need of care and protection, treatment, development and rehabilitation. The JJ Act, 2015 also provides for supply of necessary requirement to the children for fulfillment of their basic needs including safety and well-being and such children are taken care of by the CWC so constituted. A child in need of care and protection are placed in Children’s Home, where they receive treatment, education, training, development opportunities and necessary support for their rehabilitation.

6. A Child Care Institution (CCI), commonly known as an orphanage, as defined under the JJ Act, 2015, means Children’s Home, Open Shelter, Observation Home, Special Home, Place of Safety, Specialised Adoption Agency and a Fit Facility recognized under the Act for providing care and protection to children, who need such services. Children in conflict with the law are provided residential care and protection in Observation Homes, Special Homes, and Places of Safety.

7. An Observation Home is meant for every child, alleged to be in conflict with the law, who is not placed under the charge of a parent or guardian. Special Homes are for rehabilitation of those children in conflict with the law who are found to have committed an offense and who are placed there by an order of the Juvenile Justice Board. The purpose of the Place of Safety is to place a person above the age of eighteen years or a child in conflict with the law, who is between the age of sixteen to eig