Preamble .

Published vide Notification No. G.S.R. 898, dated 21st September, 2016

G.S.R. 898.—In exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Central Government hereby makes the following model rules, namely:-

Legal Commentary on the Preamble of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016

Introduction

The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Model Rules framed thereunder represent a comprehensive legislative framework designed to address the rights, care, protection, and rehabilitation of children in India. The Preamble to the JJ Act articulates the foundational philosophy and objectives of this legislation, which the Model Rules, 2016 seek to implement through detailed procedural mechanisms.

What the Preamble Says

The Preamble to the Juvenile Justice (Care and Protection of Children) Act, 2015 states:

"An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto." [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

The Preamble further references constitutional obligations under Articles 15(3), 39(e) and (f), 45, and 47, as well as international instruments including the UN Convention on the Rights of the Child (UNCRC), the Beijing Rules, and the Hague Convention on Intercountry Adoption. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

Essential Ingredients

1. Consolidation and Amendment: The Act consolidates and amends existing laws relating to children.
2. Dual Categories: Addresses both children in conflict with law (CCL) and children in need of care and protection (CNCP).
3. Child-Friendly Approach: Mandates a child-friendly approach in adjudication and disposal of matters.
4. Best Interest Principle: Requires all decisions to be made in the best interest of the child.
5. Rehabilitation Focus: Emphasizes rehabilitation and social re-integration.
6. Constitutional Foundation: Grounded in constitutional obligations under Articles 15(3), 39, 45, and 47.
7. International Standards: Takes into consideration UNCRC, Beijing Rules, and other international instruments.

Scope of the Preamble

The Preamble establishes the legislative intent governing the entire Act and Rules. It provides guidance for interpretation of all provisions and sets the overarching objectives that authorities must pursue when implementing the Act.

Punishment for the Preamble

The Preamble itself does not prescribe any punishment. It is a guiding provision that sets out the objectives and philosophy of the legislation. Specific penal provisions for violations are contained in subsequent sections of the Act.

Legal Comments

• Constitutional Foundation - The Preamble draws authority from Articles 15(3), 39(e)(f), 45, and 47 of the Constitution, empowering the State to make special provisions for children and mandating protection of childhood. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• UNCRC Compliance - India ratified the UNCRC on 11.12.1992, and the Preamble explicitly acknowledges adherence to international standards prescribed therein for securing the best interest of the child. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• International Instruments - The Preamble references multiple international instruments including the Beijing Rules (1985), UN Rules for Protection of Juveniles Deprived of Liberty (1990), and Hague Convention on Intercountry Adoption (1993). [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Rights-Based Approach - There has been a shift from a welfare-based approach to a rights-based approach in child jurisprudence, as reflected in the Preamble's emphasis on basic human rights and constitutional obligations. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Best Interest Principle - Section 2(9) of the JJ Act defines "best interest of the child" as the basis for ensuring fulfilment of basic rights, identity, social well-being, and physical, emotional, and intellectual development, drawing from Article 3(3) of UNCRC. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Broad Interpretation Mandated - The Supreme Court in Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India (2017) held that the definition of CNCP under Section 2(14) must be given a broad and purposeful interpretation as the Act is intended to protect children's rights. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Illustrative Definition - The categories under Section 2(14) of the JJ Act should not be treated as exhaustive but illustrative, furthering the requirements of social justice. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Institutionalization as Last Resort - The Preamble's objective of rehabilitation is reinforced by the National Policy for Children, 2013, which emphasizes family and community-based care with institutionalization as a measure of last resort. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Child Care Institutions - Section 2(21) defines Child Care Institutions as places providing care and protection to children in need, and Section 41(1) mandates registration of all such institutions under the JJ Act. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Comprehensive Services - Section 53 specifies rehabilitation services including basic needs, education, skill development, mental health interventions, and legal aid, consistent with the Preamble's objectives. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Legislative Intent - The Model Rules, 2016 were framed to give effect to the objectives stated in the Preamble, providing procedural mechanisms for implementation of the Act's provisions.

• Rule of Interpretation - The Preamble serves as a key tool for interpreting ambiguous provisions in the Act and Rules, guiding authorities towards child-friendly and rehabilitative approaches.

• Progressive Legislation - The JJ Act, 2015 replaced the 2000 Act to address gaps in implementation and make the law more child-friendly, as evidenced by the Preamble's comprehensive language. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Child in Need of Care - The Supreme Court has held that child victims of sexual abuse under POCSO Act are also CNCP, giving the Preamble's protective objectives expansive application. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• State Obligations - While Directive Principles are not enforceable, once implemented through statutory enactment like the JJ Act, the State is obligated to enforce them as constitutional duties. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Holistic Development - The Preamble's reference to "development, treatment, social re-integration" reflects a holistic approach beyond mere punishment or detention. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Consolidation Purpose - The word "consolidate" in the Preamble indicates the Act's aim to unify all laws relating to children's care and protection under a single comprehensive framework.

• Child-Friendly Adjudication - The Preamble's emphasis on child-friendly approach requires specialized procedures, separate courts/boards, and sensitive handling of children's cases. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Social Re-integration - The ultimate goal stated in the Preamble is rehabilitation and social re-integration, requiring long-term follow-up and community-based support systems. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

• Non-Discriminatory Application - The Preamble's broad language ensures the Act applies to all children regardless of their background, consistent with Article 14 of the Constitution. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

R.1 Short title and commencement

(1) These rules may be called the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

R.2 Definitions

(1) In these model rules, unless the context otherwise requires,-

(i)"Act"means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);

(ii) "Authority" means the Central Adoption Resource Authority constituted under section 68 of the Act;

R.3 Board

There shall be one or more Boards in each district to be constituted by the State Government through a notification in the Official Gazette.

R.4 Composition of the Board

(1) The Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class having at least three years experience to be designated as the Principal Magistrate of the Board and two social worker members, of whom one shall be a woman, forming a Bench.

(2) The social worker members shall be appointed by the State Government on the recommendations of the Selection Committee constituted under these rules.

(3) The social worker members shall not

R.5 Term of Members of the Board

(1) The term of the social worker member of the Board shall not be more than for a period of three years from the date of appointment.

(2) A social worker member of the Board shall be eligible for appointment of maximum of two terms, which shall not be continuous.

(3) The members may resign at any time, by giving one month's notice in writing to the State Government.

(4) Any vacancy in t

R.6 Sittings of the Board

(1) The Board shall hold its sittings in the premises of an observation home or at a place in proximity to the observation home or, at a suitable premise in any Child Care Institution meant for children in conflict with law run under the Act, and in no circumstances shall the Board operate from within any court or jail premises.

(2) The Board shall ensure that no person(s) un-connected with the case remains present in the room when the case is in progress.

(3)

R.7 Functions of the Board

(1) The Board shall perform the following additional functions, namely:

(i) whenever necessary, the Board shall provide a translator or interpreter or special educator who shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and special educators who shall forward the same to the Board, the qualifications of the translator, interpreter and special educator shall be as prescribe

R.8 Pre-Production action of Police and other Agencies

(1) No First Information Report shall be registered except where a heinous offense is alleged to have been committed by the child, or when such offense is alleged to have been committed jointly with adults. In all other matters, the Special Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding the offense alleged to have been committed by the child in the general daily diary followed by a social background re

R.9 Production of the child alleged to be in conflict with law before the Board.

(1) When the child alleged to be in conflict with law is apprehended, he shall be produced before the Board within twenty-four hours of his being apprehended, along with a report explaining the reasons for the child being apprehended by the police.

(2) On production of the child before the Board, the Board may pass orders as deemed necessary, including sending the child to an observation home or a place of safety or a fit facility or a fit person.

(3) Where the

R.10 Post-production processes by the Board

(1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offense alleged to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the Board and the Board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the Act, namely:

Legal Commentary on Section R.10 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016

Introduction

Section R.10 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, primarily deals with the procedure and requirements related to the apprehension, reporting, and information sharing regarding children in conflict with law. It emphasizes the rights of juveniles during the process of investigation and legal proceedings, aligning with the overarching principles of the Juvenile Justice Act, 2015, which aims to ensure a child-friendly approach in juvenile justice.

What does Section R.10 Say?

Section R.10 prescribes that in cases of children alleged to be in conflict with law:- The child shall be produced before the Juvenile Justice Board (JJB) within 24 hours of apprehension.- The Board shall receive a social background report containing details of the child's circumstances, background, and the offense.- The final report on the case shall be filed before the Board at the earliest, especially in petty or serious offences.- The section also details procedures for information sharing with law enforcement, except in cases where such sharing is not warranted or would be futile.

Essential Ingredients

• Timely production: The child must be produced before the Board within 24 hours.
• Social background report: The Probation Officer or social worker is obliged to submit a social investigation report.
• Information sharing: The Rules specify the manner and scope of sharing information with police and other authorities.
• Filing of final report: The final case report must be filed promptly, especially in cases involving offences of varying severity.
• Protection of child's rights: The Rules underscore that the process must be child-sensitive, avoiding undue detention or stigma.

Scope of Section R.10

• Applies to children in conflict with law, particularly during apprehension, investigation, and preliminary proceedings.
• Covers procedures for reporting, social investigation, and communication with law enforcement authorities.
• Ensures the child's rights are protected during the process, emphasizing timely production and social assessment.
• Clarifies the limits of police and other authorities' information sharing to protect the child's privacy and rights.
• Encompasses both petty and serious offences, with procedures adapted accordingly.

Punishment for Section R.10

• The Rules are procedural and do not prescribe punitive measures for violations.
• Non-compliance, such as failure to produce the child within 24 hours or improper sharing of information, may lead to departmental action or legal consequences under the Juvenile Justice Act or related laws.
• The emphasis is on adherence to child-friendly procedures rather than punitive sanctions.

Legal Comments

• "Child rights" - Emphasizes the importance of timely production and social investigation to uphold the child's rights during legal proceedings - [Sources: Juvenile Justice Act, 2015, Ss. 12, 10; Rules 8(3), 10, 10-A]
• "Timeliness" - The 24-hour production requirement ensures swift proceedings, preventing unnecessary detention and stigma - [Sources: Draft Rules 2016; FAQs under JJ Act]
• "Social background" - Mandatory submission of social investigation reports ensures a holistic assessment of the child's circumstances - [Sources: Section 10; Rules 10]
• "Futility of anticipatory bail" - Recognizes that anticipatory bail is generally not applicable to juveniles due to lack of arrest and custody, aligning with the Act’s child-centric approach - [Sources: SCC 2006, Paras 6.1-6.2, 8]
• "Information sharing" - Limits police and authorities' access to information, protecting the child's privacy and preventing misuse - [Sources: Rules 10; FAQs]
• "Procedural safeguards" - Ensures that procedural safeguards are in place to prevent illegal detention or undue delay - [Sources: Rules 10; Model Rules]
• "Child in conflict with law" - Clarifies procedures for children alleged to be in conflict with law, emphasizing rehabilitation over punishment - [Sources: Act 2015; Rules 10]
• "Timely filing of reports" - The requirement for early filing of final reports promotes swift justice and avoids unnecessary detention - [Sources: FAQs; Rules 10(6)]
• "Protection from detention" - Reinforces that juveniles cannot be kept in adult detention facilities, aligning with the Act’s provisions - [Sources: Juvenile Justice Act, 2015]
• "Role of Probation Officer" - Highlights the obligation of Probation Officers to submit social verification reports, critical for juvenile welfare decisions - [Sources: SCC 2006; Rules 10]
• "Legal compliance" - Non-compliance with procedural rules can lead to legal consequences, stressing the importance of adherence by authorities - [Sources: Juvenile Justice Act, 2015]
• "Child-sensitive approach" - The Rules promote a child-sensitive approach, avoiding stigma and ensuring dignity during proceedings - [Sources: Model Rules, 2016]
• "Procedural clarity" - Provides clarity on procedures for apprehension, reporting, and information sharing, reducing arbitrariness - [Sources: Draft Rules, 2016]
• "Protection against misuse" - Limits on police information sharing protect children from potential misuse or false allegations - [Sources: FAQs]
• "Rehabilitation focus" - The procedural framework supports the overarching goal of rehabilitation and social reintegration of juveniles - [Sources: Juvenile Justice Act, 2015]
• "Legal oversight" - Ensures that the process is subject to judicial oversight, maintaining accountability - [Sources: Act 2015; Rules 10]
• "Alignment with international standards" - The Rules align with international juvenile justice standards emphasizing rights, dignity, and timely intervention - [Sources: Juvenile Justice Act, 2015]

This concise legal commentary underscores the importance of procedural safeguards, timely action, and child rights protection embedded within Section R.10 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

R.10(a) Preliminary assessment into heinous offenses by Board

(1) The Board shall in the first instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per provisions of section 14 of the Act.

(2) For the purpose of conducting a preliminary assessment in case of heinous offenses, the Board may take the assistance of psychologists or psycho-social workers or other experts who have experience of working with children in difficult circumstances. A panel of such experts may be made available by the District Child Protection Unit, whose assistance can

R.11 Completion of Inquiry

(1) Where after preliminary assessment under section 15 of the Act, in cases of heinous offenses allegedly committed by a child, the Board decides to dispose of the matter, the Board may pass any of the dispositional orders as specified in section 18 of the Act.

(2) Before passing an order, the Board shall obtain a social investigation report inForm 6prepared by the Probation Officer or Child Welfare Officer or social worker as ordered, and take the findings of the report into account.

(1) For the purpose of sub-section (3) of section 16 of the Act, the Board shall maintain a 'Case Monitoring Sheet' of every case and every child inForm 11— The saidFormshall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as 'progress of inquiry' mentioned inForm 11is concerned:

(

R.13 Procedure in relation to Children's Court and Monitoring Authorities

(1) Upon receipt of preliminary assessment from the Board the Children's Court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders.

(2) Where an appeal has been filed under sub-section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children's Court shall first decide the

R.14 Destruction of records

The records of conviction in respect of a child in conflict with law shall be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer, and thereafter be destroyed by the Person-in-charge or Board or Children's Court, as the case may be:

Provided that in case of a heinous offense where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19 of the Act, the relevant records of conviction of such child shall be retained by the Children's Court

R.15 Composition and Qualifications of Members of the Committee

(1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette.

(2) The Chairperson and members of the Committee shall be appointed by the State Government on the recommendation of the Selection Committee underrule 87of these rules.

(3) The Chairperson and the members shall be above the age of thirty-five years and shall have a minimum of seven years of experience of wo

R.16 Rules and Procedures of Committee

(1) The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500/- per sitting.

(2) A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the Committee.

(3) The Committee shall hold its sittings in the premises of a children's home or, at a place in proximity to the children's home or, at a

R.17 Additional Functions and Responsibilities of the Committee

In addition to the functions and responsibilities of the Committee under section 30 of the Act, the Committee shall perform the following functions to achieve the objectives of the Act, namely:

(i) document and maintain detailed case record along with a case summary of every case dealt by the Committee inForm 15;

(1) Any child in need of care and protection shall be produced before the Committee during the working hours at its place of sitting and beyond working hours before the member as per the duty roster:

Provided that where the child cannot be produced before the Committee, the Committee shall reach out to the child where the child is located.

(2) Whoever produces the child before the Committee shall make a report inForm 17containing the particulars of the

R.19 Procedure for inquiry

(1) The Committee shall inquire into the circumstances under which the child is produced and accordingly declare such child to be a child in need of care and protection.

(2) The Committee shall, prima facie determine the age of the child in order to ascertain its jurisdiction, pending further inquiry as per section 94 of the Act, if need be.

(3) When a child is brought before the Committee, the Committee shall assign the case to a social worker or Case Worker

R.20 Pendency of cases

(1) The Committee shall maintain a 'Case Monitoring Sheet' of every case and in case there is more than one child in one case, a separate sheet shall be used for each child. The case monitoring sheet shall be inForm 26— The said Form shall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as 'progress of inquiry' mentioned inForm 26is concerned:

R.21 Manner of Registration of Child Care Institutions

(1) All institutions running institutional care services for children in need of care and protection or children in conflict with law, whether run by the government or voluntary organization, shall be registered under sub-section (1) of section 41 of the Act, irrespective of being registered or licensed under any other Act for the time being in force.

(2) All such institutions

R.22 Open Shelter

(1) The State Government may establish open shelters by itself or through voluntary or non-governmental organizations.

(2) All organizations and persons who wish to establish open shelters or already running open shelters shall, make an application inForm 27to the State Government for registration.

(3) The applicants shall submit a report of the need for opening such open shelters along with a survey on the status of children indicating the number of ch

R.23 Foster Care

(1) The State Government may place children in need of care and protection in foster care including group foster care through order of the Committee for a short or extended period of time.

(2) The District Child Protection Unit shall be the nodal authority for implementing the foster care programme in a district.

(1) The State Government shall prepare sponsorship programmes, which may include:

(i) individual to individual sponsorship;

(ii) group sponsorship;

(iii) community sponsorship;

(1) The State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age by providing for their education, giving them employable skills and placement as well as providing them places for stay to facilitate their re-integration into the mainstream of society.

(2) Any child who leaves a Child Care Institution may be provided after care till the age of twenty-one years on the order of the Committee or the Board or the Children's Court, as the case may be, as perFo

R.26 Management and Monitoring of Child Care Institutions

(1) The personnel strength of a Child Care Institution shall be determined according to the duty, posts, hours of duty and category of children that the staff is meant to cater to.

(2) The staff of the Child Care Institution shall be subject to control and overall supervision of the Person-in-charge who by order, shall determine their specific duties and responsibilities in keeping with the statutory requirements of the Act and these rules.<

R.27 Fit Facility

(1) The Board or the Committee shall on an application from any institution or organization run by Government or non-governmental organization, recognise the facility as a fit facility provided the manager of that facility is willing temporarily to receive a child for a specific purpose or for group foster care.

(2) An application inForm 38for recognition shall be accomp

R.28 Fit Person

(1) Any individual who is fit to temporarily receive a child for care, protection or treatment, for a period as may be necessary, may be recognised by the Board or the Committee as a fit person.

(2) The Board or the Committee may identify a panel of persons on the basis of their credentials, respectability, expertise, professional qualifications, experience of dealing with chil

R.29 Physical infrastructure

(1) The accommodation in each institution shall be as per the following criteria, namely:-

(i) Observation Home:

(a) separate observation homes for girls and boys;

R.30 Clothing, Bedding, Toiletries and other Articles

(1) The clothing and bedding shall be as per the scale and climatic conditions. The requirements of each child and the minimum standards for clothing and bedding shall be as under:

R.31 Sanitation and Hygiene

(1) Every Child Care Institution shall have the following facilities, namely:

(i) sufficient treated drinking water; water filters or RO shall be installed at multiple locations in the premises for easy access such as kitchen, dormitory, recreational rooms etc.;

(ii) sufficient water including hot water for bathing and washing clothes, maintenance and cleanliness of the premises;

(iii) pr

R.32 Daily Routine

(1) Every Child Care Institution shall have a daily routine for children developed in consultation with the Children's Committees, which shall be prominently displayed at various places within the Child Care Institution.

(2) The daily routine may provide, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special programmes for Sunda

R.33 Nutrition and Diet Scale

(1) The following nutrition and diet scale shall be followed by the Child Care Institutions, namely:

(i) the children shall be provided four meals in a day including breakfast;

(ii) the menu shall be prepared with t

R.34 Medical Care

(1) In all Child Care Institutions, a medical officer shall be made available on call whenever necessary for regular medical check up and treatment of children.

(2) A nurse or a para medic shall be available round the clock in all Child Care Institutions.

(3) Every Child Care Institution may:

R.35 Mental Health

(1) The environment in an institution shall be free from abuse, allowing children to cope with their situation and regain confidence.

(2) All persons involved in taking care of the children in an institution shall participate in facilitating an enabling environment and work in collaboration with the therapists as needed.

(3) Milieu based interventions and individual therapy are must for every child and shall be provided in all institutions.

R.36 Education

(1) Every institution shall provide education to all children according to the age and ability, both inside the institution or outside, as per requirement.

(2) There shall be a range of educational opportunities including, mainstream inclusive schools, bridge school, open schooling, non formal education and learning where needed.

(3) Wherever necessary, extra coaching shall be made available to school going children in the institutions by encouraging volunteer

R.37 Vocational Training

(1) Every Child Care Institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability, both inside or outside the Child Care Institution.

(2) Vocational training shall include occupational therapy, skill and interest based training, aimed at suitable placement at the end of the course. The institute, preferably government recognised, providing vocational training shall give a certificate, on the completion of the course.

(1) Recreational facilities may include indoor and outdoor games, yoga and meditation, music, television, picnic and outings, cultural programmes, gardening and library, etc.

(2) Sufficient space shall be made available for outdoor sports and games.

(3) Picnic and outings may include education fair or science fair, museum, planetarium, botanical garden, zoological garden, etc.

(4) Cultura

R.39 Management Committee

(1) Every Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child.

(2) In order to ensure proper care and treatment as per the individual care plans, children shall be grouped on the basis of age, nature of offense or kind of care required, physical and mental health and length of stay.

R.40 Children's Committees

(1) Person-in-charge of every institution for children shall facilitate the setting up of children's committees for different age groups of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years and these children's committees shall be constituted solely by children.

(2) Such children's committee shall be encouraged to participate in following ac

R.41 Inspection

(1) The State Government shall constitute State and district level inspection committees.

(2) The State Inspection Committee shall comprise of a maximum of seven members from among the State Government, namely the Board or Committee, the State Commission for the Protection of Child Rights, the State Human Rights Commission, State Adoption Resource Agency, medical and other expe

R.42 Evaluation

(1) The evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons under the Act may be done by the Central Government or the State Government once in three years through institutions and agencies such as reputed academic institutions, schools of social work of Universities, Management Institutions, multidisciplinary Committee especially constituted for the purpose etc.

(2) The findings of the evaluation as per sub-rule (1) above shall be sha

R.43 Adoption Related Reporting

(1) The Child Welfare Committees shall, furnish the data relating to children declared legally free for adoption and cases pending for decision to the Authority online in the formats provided in the Adoption Regulations and also to the respective State Adoption Resource Agencies, with the assistance of the District Child Protection Units.

R.44 Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care

(1) The following categories of children may be considered for Foster Care in following circumstances:

(i) Children in the age group of 0 to 6 years who are being considered by the Committee as legally free for adoption and those who have been declared legally free for adoption shall not as far as possible be considered for placement in foster care. Such children shall be provided a permanent family through adoption as per Adoption Regulations.

(ii) If adoptab

R.45 Procedure before the Court

(1) The procedure for obtaining an Adoption Order from the court concerned would be as provided in Adoption Regulations.

(2) The Court, for the purpose of an application for adoption order, shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) and Evidence Act, 1872. The procedure, as laid down in the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations shall be followed.

R.46 Period for disposal of applications

(1) The Court shall dispose of an application for making an adoption order within a period of two months from the date of filing of the application, as provided under sub-section (2) of section 61 of the Act and where the judge of the court concerned ordinarily exercising jurisdiction in such matters is not available for a period of more than one month, the applications shall be disposed of within stipulated time by other senior most judge.

(2) No information or Court order regarding adoption disclosing the identity of the child

R.47 Special provision for protection of adopted children

Any case of offense committed against adopted child shall be dealt as per the law applicable to any other child.

R.48 Linkage of Child Care Institutions to Specialized Adoption Agencies

Linkage of Child Care Institutions with Specialized Adoption Agencies for the purpose of adoption shall be governed by the provisions of section 66 of the Act and Adoption Regulations.

R.49 Additional Functions of the Authority

(1) The Authority shall perform the following functions, in addition to the functions specified in sub-section (1) of section 68 of the Act, namely:

(i) receive applications of a non-resident Indian or overseas citizen of India or a foreigner living abroad through authorised adoption agency or Central Authority or the Government Department concerned or an Indian Diplomatic Miss

R.50 Terms and conditions of appointment of Members of the Steering Committee of the Authority

(1) A person for being selected or nominated as a member of the Steering Committee of the Authority shall:

(i) be an Indian national;

(ii) not be below the age of twenty-five years and above the age of sixty years, and for the member who is an adoptee as per clause (e) of sub-section (1) of section 69 of t

R.51 Transaction of business of the Steering Committee of the Authority

(1) The Steering Committee of the Authority shall meet once in a month.

(2) The transaction of business of the Steering Committee may also be convened by circulation in case of urgency and such transaction of business shall have the same effect as if it had been transacted at a formal meeting.

(3) A meeting of the Steering Committee shall be convened by the Member- Secretary with the approval of the Chairperson.

R.52 Annual Report of the Authority

(1) The Chief Executive Officer or any other officer of the Authority duly authorised by the Chief Executive Officer in this behalf shall cause to be prepared the annual report of the Authority under sub-section (1) of section 71 of the Act on or before the 30^thday of June following the financial year to which that report relates.

(2) The annual report prepared under sub-rule (1) shall, after approval by the Steering Committee be signed and a

R.53 Accounts and audit of the Authority

(1) The annual statement of accounts of the Authority for every financial year shall be prepared by the Chief Executive Officer or such officer of the Authority as may be authorised by the Chief Executive Officer in this behalf.

(2) The Authority shall forward to the Central Government quarterly reviews of expenditure incurred and the expenditure likely to be incurred during the remaining part of the financial year.

(3) The Chief Executive Officer shall superv

R.54 Procedure in cases of offenses against children

(1) A complaint of an offense against a child may be made by child, family, guardian, friend or teacher of the child, childline services or any other individual or institutions or organization concerned.

(2) On receipt of information in respect of a cognizable offense against a child, the police shall register a First Information Report (FIR) forthwith.

(1) For the purposes of section 75 of the Act and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of information of risk of a child being given in marriage, the police or any officer authorised under the Act or under the Prohibition of Child Marriage Act,2006 (6 of 2007), shall produce the child before the Committee for appropriate directions and rehabilitative measures.

(2) Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other place of

R.56 Procedure in case of offense under section 77 of the Act

(1) Whenever a child is found to be under the influence of, or in possession of intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products, including for the purpose of sale, the police shall enquire as to how the child came under the influence of, or possession of such intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products and shall register an FIR forthwith.

(2) The child who has been administered narcotic drugs or psychotropic substances or is found under the influence of t

Legal Commentary on Section 56 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016

Introduction

Section 56 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, addresses the issue of children found in possession of intoxicating substances, including liquor, narcotics, psychotropic substances, and tobacco products. It emphasizes the responsibility of law enforcement to investigate the circumstances leading to such possession and aims to protect children from exploitation and harm related to substance abuse.

What does Section 56 Say

Section 56 mandates that whenever a child is found under the influence of or in possession of intoxicating liquor, narcotics, psychotropic substances, or tobacco products, the police must inquire into how the child came into possession or influence. The section also stipulates that the child should not be handcuffed, fettered, or chained, and coercion or force should not be used during such investigations.

Essential Ingredients

• Identification of a child in possession of or under the influence of intoxicants or tobacco.
• The police's obligation to inquire into the circumstances of possession or influence.
• Prohibition on handcuffing, fettering, chaining, or using force on the child.
• Investigation to determine the source or reason for the child's possession or influence.

Scope of Section

This section applies to all children as defined under the Juvenile Justice Act, particularly focusing on those found with intoxicants or tobacco, whether for personal use or sale. It covers actions by police during initial investigation and emphasizes child protection principles.

Punishment for Section

While Section 56 primarily prescribes procedural safeguards and investigative duties, it does not specify direct punishments. However, violations of the protections, such as using force or handcuffs improperly, may attract disciplinary or legal consequences under the broader framework of juvenile justice laws and child rights protections.

Legal Comments

• Child Protection - Emphasizes the importance of safeguarding children's rights during investigations, prohibiting coercion, force, and restraints like handcuffs or fetters .
• Police Responsibility - Mandates police inquiry into how the child came into possession or influence of intoxicants, ensuring a child-friendly approach .
• Prohibition of Coercion - Reinforces that no coercion or force, including chaining or fettering, should be used on children during investigation, aligning with child rights principles .
• Scope of Application - Applies to children found with intoxicants or tobacco, whether for personal use or sale, covering a broad range of situations .
• Preventive Approach - Aims to prevent exploitation and misuse of children in drug-related activities by ensuring proper inquiry and protection .
• Procedural Safeguards - Highlights the procedural safeguards during police investigation, emphasizing child-friendly procedures .
• Investigation Duty - Places an active duty on police to investigate the circumstances of possession or influence, promoting accountability .
• No Handcuffs or Fetters - Explicitly states that children should not be handcuffed, chained, or fettered, reflecting the juvenile justice philosophy .
• Protection Against Abuse - Seeks to prevent abuse or mistreatment of children during police interrogation related to intoxicants .
• Legal Framework - Operates within the broader legal framework of juvenile justice, reinforcing child-centric procedures .
• Implementation Challenges - Recognizes the need for proper training of police personnel to adhere to these provisions and avoid violations .
• Rehabilitation Focus - Implicitly supports rehabilitative measures rather than punitive actions for children in such circumstances .
• Awareness and Training - Underlines the importance of training law enforcement on child rights and investigation procedures under juvenile laws .
• Child-Centric Approach - Emphasizes a child-centric approach in all procedures involving children found with intoxicants, aligning with international standards .
• Legal Safeguards - Provides legal safeguards to ensure children are not subjected to inhumane treatment during investigations .
• Preventing Exploitation - Aims to prevent children from being exploited for sale or distribution of intoxicants through proper inquiry .
• Alignment with International Conventions - Reflects principles from the UN Convention on the Rights of the Child, particularly regarding protection from torture and inhumane treatment .
• Role of Juvenile Justice Boards - While not explicitly mentioned, the provisions support the role of Juvenile Justice Boards in overseeing such investigations .

Note: The references are primarily derived from the provided sources, especially "," which contains details about the procedural and protective aspects of Section 56.

R.57 Procedure in case of offense under section 78 of the Act

(1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith.

(2) A child who is alleged to have committed an offense under section 78 of the Act shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and prote

R.58 Procedure in case of offense under section 80 of the Act

(1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose of adoption without following the procedures as provided in the Act and the rules, the police shall, suomotu, or on receipt of information in that regard register an FIR forthwith.

(2) A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith which shall pass appropriate directions for rehabilitation of the child, including placing such child in a Specialized Ado

R.59 Procedure in case of offense under section 81 of the Act

(1) On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith.

(2) Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted under the adoption regulations framed by the Authority, towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or guardian of the child or the Specialized Adoption Agency shall amount to an offense under section 81 of the Act an

R.60 Procedure in case of offense under section 82 of the Act

(1) A complaint of subjecting a child to corporal punishment under section 82 of the Act may be made by the child or any one on his behalf.

(2) Every Child Care Institution shall have a complaint box at a prominent place in the building to receive complaints of corporal punishment.

(3) The complaint box will be opened in the presence of a representative of the District Child Protection Unit once a month.

(1) The primary responsibility of the Person-in-charge is of maintaining the Child Care Institution and of providing care and protection to the children.

(2) The Person-in-charge shall stay within the premises to be readily available as and when required by the children or the staff and in case where an accommodation is not available in the premises, he shall stay at a place in

R.62 Duties of the Child Welfare Officer or Case Worker

(1) Every Child Welfare Officer or Case Worker in the Child Care Institution shall carry out all directions given by the Board or the Committee or the Children's Court.

(2) The Child Welfare Officer or Case Worker shall establish linkages with voluntary workers and organizations to facilitate rehabilitation and social re-integration of the children and to ensure the necessary f

R.63 Duties of the House Mother or House Father

(1) Every house father or house mother shall abide by the directions of the Person-in-charge.

(2) The general duties, functions and responsibilities of a house father or house mother shall be as follows:

(i) handle every child in the Child Care Institution with love and affection;

(ii) take proper care of the child and ensure his welfare;

R.64 Duties of a Probation Officer

(1) On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6 to the Board.

(2) The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which indu

R.65 Rehabilitation-cum-Placement Officer

(1) A Rehabilitation-cum- Placement Officer shall be designated in all Child Care Institutions, including place of safety.

(2) The Rehabilitation-cum-Placement Officer may have a Masters Degree in Social Work or Human Resource Management and at least three years experience in the field of rehabilitation, employment creation and resource mobilisation.

(3) The Rehabilitation-cum- Placement Officer to perform the following functions:

(1) Any dereliction of duty, violation of rules and orders shall be viewed seriously and strict disciplinary action shall be taken or recommended by the Person-in-charge against the erring officials.

(2) No staff of the Child Care Institution shall be present at an unauthorised location within the Child Care Institution.

(3) No staff of the Child Care Institution shall bring any prohibited article into the Institution.

R.67 Security measures

(1) Adequate number of security personnel shall be engaged in every Child Care Institution keeping in mind the category of children housed in the Child Care Institution, age group of children and the purpose of the Child Care Institution and the risk factor to and from the child.

(2) While engaging security personnel, preference shall be given to ex-servicemen recruited through

R.68 Searches and Seizures

(1) The Person-in-charge or other authorised functionary of the Home may conduct searches if required, and seize prohibited articles, if found.

(2) The procedure in case of seizures shall be as under:

(i) any prohibited article found during the search, shall be seized by the Person-in-charge and a list of such seizure prepared;

(ii) in case of arms, weapons, articles capable of being used

R.69 Institutional Management of Children

A.(1) Every child shall be received by the Person-in-charge of the Child Care Institution or such other official duly authorised by the Person-in-charge to receive a child, referred to as the Receiving Officer.

(2) The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any doubt, the Receiving

R.70 Prohibited Articles

(1) No person shall bring into the Child Care Institution the following prohibited articles, namely:-

(i) intoxicants of any description, psychotropic substances, liquor, ganja, bhang, opium, smack etc;

(ii) all explosives, poisonous substances, acid and chemicals, whether fluid or solid of whatever descri

R.71 Articles found on search and inspection

(1) The Person-in-charge shall ensure that every child received in the institution is searched, his personal belongings inspected and money or any valuables found with the child is kept in the safe custody of the Person-in-charge. In case of search of a female child, the search shall be carried out by female staff only. In every institution, a record of money, valuables and other articles found with a child shall be maintained in the "Personal Belongings Register" which shall contain a description of the articles.

(2) The entries

R.72 Disposal of articles

(1) The money or valuables belonging to a child shall be disposed of in the following manner, namely:

(i) on receipt of a child in an institution, the Person-in-charge shall deposit the money belonging to the child in the bank account of the child;

(ii) the valuables, and other articles, if any, shall be kept in safe custody;

(iii) when such child is transferred from one institution to an

R.73 Maintenance of case file

(1) The case file of each child maintained in the Child Care Institution in safe custody shall be confidential.

(2) The case file shall be produced before the Board or the Committee or the Children's Court on every date of production of the child for perusal of the Board or the Committee or the Children's Court.

(1) Every child in the Child Care Institution may be permitted to have one meeting in a week with his relatives:

Provided that in special cases, where parents or guardians have travelled a long distance from another State or District, the Person-in-charge may allow the parents or guardians entry into the premises and a meeting with their children on other days on confirmation o

R.75 Death of a Child

(1) On the occurrence of any case of death or suicide of a child in a Child Care Institution, the procedure to be adopted shall be as under:

(i) The institution must ensure that an inquest and post-mortem examination is held at the earliest.

(ii) In case of natural death or death due to illness of a child, the Person-in-charge shall obtain a report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immedia

R.76 Abuse and Exploitation of the Child

(1) Every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment and shall include the staff who is aware of what constitutes abuse, neglect and maltreatment, and their early indication and how to respond to these abuses.

(2) In the event of any physical, sexual or emotional abuse, including neglect of children in an institution by those responsible for care and protection, the following action shall be taken namely:

(i)

R.77 Maintenance of Registers

(1) The persons mentioned in column (3) shall maintain registers and forms under the Act and the rules made thereunder in column (2) whose custodian shall be the persons mentioned in column (4) thereof as under:

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