Questions and Answers on The Juvenile Justice (Care and Protection of Children) Act, 2015
1. What is the United Nations Charter for Children?
Providing special protection and encouragement for children, a resolution was passed by the United Nations General Assembly on November 20, 1989, which was called the United Nations Child Rights Declaration. It talked about the survival, protection and development of children.
2. What is Child Rights Convention, what are the rights of children in it?
On November 20, 1989, the document containing 54 articles was passed in the General Assembly of the United Nations. On 30 September 1990, a world conference was organized on the survival, protection and development of children, in which a world declaration was prepared. In the 54th article of the United Nations Declaration, the rights of children have been divided into four parts, which have been given the rights of survival, protection, development and participation.
3. What is the right of survivorship?
Survival of children has been ensured under the right of survival. They have been given life protection from the obstacles in their life like sexual violence, female foeticide, child marriage, child labour, malnutrition, calamities. Safe housing, pure drinking water, health services for life, giving name and national identity to everyone is included in this right.
4. What is the right to security?
It includes the right to protection of every child without any discrimination of colour, form, caste, religion, language, race, status or region, and to be protected from sexual abuse or illegal activities, from being subjected to torture or exploitation.
5. What is Right to Development?
Every child should get opportunities for physical and mental and intellectual and skill development for a happy future. Arrangements should be made for special education for special children. For this, children should have enough opportunities for play, entertainment and expression.
6. What is Right to Participation?
Participation is the idea of giving children opportunities to have their say and make decisions. Children at home, family, neighborhood, community, school, workplace and social, speaking, giving opinion and encouragement for this in cultural life situations has also been done under this right.
7. What are the provisions related to children in the Constitution of India?
Articles 14, 15, (3), 23 (1), 24 of the Constitution of India in Part III i.e. "Fundamental Rights" and Part IV i.e. Articles 39(f), 41, 44 and "Directive Principles of State Policy" 45 has provisions relating to children.
8. What are the various challenges of child protection in Rajasthan?
The main challenges of child protection in Rajasthan are child labour, bonded labour, child marriage, child abuse and atrocities, child trafficking, female feticide, runaway and abandoned children, physically or mentally afflicted or handicapped children and whose parents or guardians Protection and rehabilitation of those children who are absent or have been abandoned by their parents are the main challenges.
9. What are the main principles of care and protection of children in the Act?
The main principles for the care and protection of children in the act are the presumption of innocence, treating them with dignity and rights, opportunities for participation, best interests to be taken, family responsibility, protection, equality, affirmative action and starting life afresh.
10. who is this child?
According to Article 1 of the Convention on the Rights of the Child, any person below the age of 18 years is a child. Section 2(12) of the Juvenile Justice (Care and Protection of Children) Act, 2015 also defines child similarly.
11. Which are the main laws in the country for the protection of children?
Provisions of Indian Penal Code in the country for protection of children, Juvenile Justice (Care and Protection of Children) Act, 2015, Protection of Children from Sexual Offenses Act 2012, Child and Adolescent Labor (Prohibition and Regulation) Act 1986 Child Marriage (Prohibition) Act 2006 and Prevention of Unethical Business Act 1956 are prominent.
12. What is meant by child friendly policing?
Child friendly policing means all actions related to the child, whether in the context of legislative actions by the police themselves or otherwise, with the best interest of the child in mind be with public or private social welfare institutions, courts of law, administrative authorities or legislative bodies. Police should give basic priority to the best interests of the child while safeguarding the fundamental rights of the child.
13. What is the Juvenile Justice (Care and Protection of Children) Act, 2015?
Juvenile Justice (Care and Protection of Children) to make proper arrangements for care, protection, treatment, development and rehabilitation of juveniles in conflict with law, children in need of care and protection and victimized children and to ensure proper justice to juveniles in conflict with law. The Act, 2015 has come into force by the name of
14. What is the main objective of the Juvenile Justice (Care and Protection of Children) Act, 2015?
The criminal justice system currently in force does not apply to children (age 0-18 years), so a separate juvenile justice system has been implemented under the Juvenile Justice (Care and Protection of Children) Act, 2015, which That the Juvenile Justice Standard Rules, 1985 (Beijing Rules) are based on the United Nations Convention on the Rights of the Child, 1989 and the Hague Convention for the Protection of the Child and Inter-country Adoption, 1993 guidelines. All provisions in the Act for Child Protection and Law has been done with the aim of ensuring the rights of the struggling juvenile.
15. How is the Juvenile Justice (Care and Protection of Children) Act, 2015 different from other laws?
It has the intention of welfare and change in the affairs of children. The intention of the Act is that children should not be treated like ordinary criminals, under the Act it is necessary to treat such children in a friendly manner and re-connect them with the main stream of the society.
16. What are the main categories of children in the Juvenile Justice (Care and Protection of Children) Act, 2015?
The Juvenile Justice (Care and Protection of Children) Act, 2015 is a special national Act, which covers two categories of children as under-
1. Child in conflict with law (Section 2(13))
2. Child in need of care and protection (Section 2(14))
17. Which organization is working under this Act?
Various institutions in each district such as Juvenile Justice Board, Child Welfare Committee and Special Juvenile Police units and various observation, special and children's homes have been established, in which all facilities are being provided for the care and protection of children.
18. What is meant by Juvenile Justice Board?
The Bench constituted under Section 4 of the Act for investigation, hearing and bail and disposal of cases of children in conflict with the law is known as the "Juvenile Justice Board". The Board shall have the Principal Magistrate, who shall be of the rank of First Class Judicial Magistrate or Metropolitan Magistrate, as its Chairperson, and two non-official members, at least one of whom shall be a woman. The non-official members are appointed by the state government.
19. In what time the Juvenile Justice Board has to complete the investigation for a child in conflict with law?
As per Section 14 of the Act, in minor offences, every case shall be inquired into by the Board within a period of 4 months from the first production of the child. The maximum period of 2 months can be extended after recording the reason for the odd circumstances. If the investigation remains inconclusive after the extended period, the proceedings will be terminated.
20. How much time has been given to the Juvenile Justice Board to investigate heinous crimes?
As per section 15, in case of heinous offences, the preliminary assessment shall be completed within a period of three months from the date of first production of the child before the Board. In this investigation, the mental/physical capacity of the child to commit the crime and the ability to understand the consequences of the crime and the circumstances of the crime will be examined.
21. What is meant by petty, serious and heinous offenses in the Act?
Petty offenses include offenses for which the maximum punishment under the Indian Penal Code or any other existing law is imprisonment of up to three years. Sec. 2 (45).
Heinous crimes include those offenses for which the maximum punishment under the Indian Penal Code or any other existing law is imprisonment between three and seven years. Sec. 2(54)
'Heinous crimes' include those offenses for which the minimum punishment under the Indian Penal Code or any other existing law is imprisonment of seven years or more. Sec. 2(33)
22. What is the provision in the act regarding the bail of the child who violates the law?
According to Section-12(1) of the Act, when a child having committed a bailable or non-bailable offence, is detained by the police or brought before the Board, the child shall, notwithstanding anything contained in the Code of Criminal Procedure or any other law, shall be released with or without sureties or shall be placed under the care of a probation officer or any person aforesaid.
23. When will the juvenile not be released on bail?
Release of a juvenile on reasonable grounds that there is a possibility that the child will be in contact with a known criminal or that the said child will be morally, physically or psychologically endangered or that the release of the child is likely to defeat the ends of justice. But will not be left out.
24. What will be the process of action in case of crime committed jointly by juvenile and adult?
As per section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a juvenile shall not be charged or tried along with a person who is not a juvenile. by the police officer taking cognizance of the offense separate proceedings for juvenile and other person will be presented in the competent court / board.
25. What order can the Juvenile Justice Board pass if the offense is proved to have been committed by the child?
According to Section-18 of the Act, the Juvenile Justice Board after proper investigation, such child
(a) consultation with the parent or guardian
(b) ordering the child to participate in group counseling and such activities;
(c) Juvenile to perform community service order to
(d) order the parent of the juvenile or the juvenile himself to pay the fine.
(e) an order of release on probation of good conduct with or without surety
(f) an order to be placed under a voluntary organization for 3 years, which can look after the welfare or care of the child or adolescent;
(g) direct the juvenile to undergo special treatment for a period of three years. send home
But on the basis of conduct or behavior of the child, It can also sent to a safe place.
26. What orders are not passed by the Juvenile Justice Board as punishment?
According to Section-21 of the Act, the Juvenile Justice Board cannot punish a juvenile with capital punishment, imprisonment for life (or imprisonment for any term which may extend to imprisonment for life).
27. What is Social Survey Report? By whom is it prepared?
Along with presenting the juvenile in conflict with law, a report is prepared by the probation officer on the basis of his social background, means of income, education, social status of guardian or guardian etc. This is called social survey report. A detailed description of the circumstances under which the juvenile was apprehended and charged is also to be attached to this report. This report can also be prepared by the child welfare police officer or social worker on the instructions of the board in the presence or absence of the probation officer.
28. What are the provisions relating to deletion of records relating to conviction of the child?
Section-24 No child who has committed an offense and against whom proceedings have been taken under this Act shall be affected by any disqualification relating to conviction of an offense under that law Provided that in the case of a child who has completed the age of 16 years These provisions shall not apply to a person who is found to be in conflict with law as an adult in accordance with sub-section 1(i) of section 19 by the Children's Court.
The Board shall order that the records relating to that conviction be destroyed after the expiry of the appeal period. In cases of serious offenses referred to in clause (1) of sub-section (1) of section 19, the records of conviction of such child shall be retained by the Children's Court.
29. What is the provision under the Act in respect of a juvenile who escapes from the custody of the juvenile?
Section 26 of the Act provides for the special home, the observation home or the care of the person to whom the child in conflict with the law has been sent under the Act. Any police officer who has escaped from his custody may take into his charge without warrant. and passed the original order to produced him before the conducting Board or before the nearest Board where the child is found. No additional police proceedings shall be instituted in respect of that child but that child shall be produced within 24 hours to the nearest or earlier presented Juvenile Justice Board.
30. What is meant by probation officer?
Section 2(48) of the Act defines Probation Officer to mean an officer appointed by the State Government or a Law-cum-Probation Officer appointed by the State Government under the DCPU. It is the special responsibility of this officer to compile the antecedents and family background of the child or juvenile and other facts helpful in the investigation and submit his social report to the Juvenile Justice Board.
31. Can a child or juvenile in custody be transferred to another place?
According to Section 93 of the Act, transfer of a child or adolescent suffering from leprosy, alcohol or other such intoxicating drugs can be transferred from juvenile home or special home for treatment etc.The period transferred for proper treatment will be valid only on the basis of the certificate of the Medical Officer.
32. What is the meaning of 'safe place' in this Act?
As per section 49, a place of safety means a place, that is, an institution set up in accordance with section 41 of the Act (not being a police lock-up or a jail), a registered institution or a person who is willing to temporarily take care of an adolescent boy or girl. And which has been justified by the competent authority or department for the safety of the child.
33. Which children are meant by children in need of care and protection?
Section-2 (14) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Child in need of care and protection means the following children-
· who is found begging or working as street children (child labour),
· who has a residence or shelter or place of sufficient abode and
· who found without basic daily necessities living with a person (even if
· guardian of the child or not) and such person threatens to kill or cause hurt to the child or is likely to do so.
· Who has killed, abused or neglected another child and this child is also in danger of being killed, abused or neglected.
· The child who is physically or mentally handicapped or suffering from illness or child does not get any kind of support or care.
· Whose guardian / guardian is unable or incapable of controlling the activities of the child.
· A child who has no guardian and no one to take care of him or who is abandoned or lost or runaway child by the guardians and who could not be traced even after necessary investigation by the guardians.
· One who is or is likely to be subjected to ill-treatment, torture or exploitation for the purpose of sexual abuse or illegal activities.
· One who is likely to get trapped in difficult situations like drug addiction and horse trading.
· One who is likely to be abused for immoral gain.
· One who is a victim of armed conflict, riots, natural calamity. In addition to the above, he who cares and protects
· Be a child in need.
34. What is Child Welfare Committee and what is its legal status in the Act?
The Bench constituted under Section 27 of the Act for the investigation and disposal of cases related to the protection, care and rehabilitation of children in need of care and protection is known as "Child Welfare Committee". But conducts meetings in the State Children's Home. In addition to a chairman, the committee consists of four non-official members, at least one of whom will be a woman, who are appointed by the state government for three years.
35. Who can produce the children in need of care or protection before the Committee?
Child Line, Police Officer or Special Juvenile Police Unit or Child Welfare Police Officer or Inspector appointed under labor law, a registered voluntary organization or such other voluntary organization before the Committee as per section 31 of the Act or it can be presented by a state government recognized agency institution or social worker or any person imbued with the spirit of public welfare and public servant. The child himself can also appear before the Child Welfare Committee.
36.What are the working procedures in relation to the Child Welfare Committee?
According to Section-28 of the Act, the committee will hold at least 20 meetings in a month. The visit made to check the working of the child and for the welfare of the child will be treated as a meeting. In case of difference of opinion among the members in any matter, the opinion of the majority shall prevail. The presence of three members will be necessary in the final decision.
37. What are the powers of Child Welfare Committee?
According to Section-29, Child Welfare Committee is responsible for disposal of cases of care, protection, treatment, development and rehabilitation of children in need of care and protection and for their basic needs and protection.
38. What are the responsibilities of the Child Welfare Committee?
According to Section-30 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Child Welfare Committee for taking and taking cognizance of children produced before them, investigating issues related to and affecting their safety and well-being, giving directions for reports to Child Welfare Police Officers, Probation Officers or District Children's Unit, directions for foster care Dena has the right to choose and announce a suitable person for the children. Apart from these, they have the right to inspect children's residential homes twice a month, to select institutions and to take necessary action for adoption of children living in them. The proceedings for the rehabilitation of children who are victims of sexual abuse are also to be done under the Protection of Children from Sexual Offenses Act, 2012. To deal with the cases referred by the Board under sub-section (2) of section 17.
39. What action will the police take if children in need of care and protection are found?
According to Section-31 of the Act, if a child in need of care and protection is found in the jurisdiction of a police station, the name, address and the reasons for which the child is in this condition will be recorded in the daily diary. Children in need of care to the concerned Child Welfare Police of the police station within 24 hours excluding travel time action will be taken by the officer to present it before the Child Welfare Committee.
40. Who is a Child Welfare Police Officer?
Under Section 107 (1) of the Act, in every police station, a designated officer of minimum assistant sub-inspector level, who is knowledgeable on issues related to children and looks after the cases of children, that police officer has been called Child Welfare Police Officer.
41. What does Special Juvenile Police Unit mean?
The Special Juvenile Police Unit constituted under Section 107(2) of the Act consists of one police officer, of the rank of Deputy Superintendent of Police, and two social workers (one woman) in each district.
42. What are the roles of Special Juvenile Police Unit in child protection?
The Special Juvenile Police Unit coordinates with voluntary and non-governmental organizations to rehabilitate children who are in conflict with the law and in need of care and protection, perform the tasks prescribed by the government under this Act and perform various tasks for compliance of the Act. District Child Welfare Unit Children's Homes in the District or keep information about shelter homes. Will get the information of the children availing the services of the shelter from the institutions.
43. What are the roles of the Child Welfare Police Officer in child protection?
The Juvenile or Child Welfare Police Officer, being well-acquainted with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the relevant rules, will look into the cases of children in conflict with law and children in custody and care of the police station area. The officer shall ensure that the child help desk of the police station functions effectively. In the cases of girls who have committed crimes, the assistance of women officers will be taken. The name, address and telephone number of Juvenile Justice Board, Child Welfare Committee, District Child Protection Unit, Child Line, Superintendent, Government Communication / Child Home constituted in the district on the information board in the police station. will ensure the performance of
44. What action will be taken by the child welfare police officer in case of crime committed by the juvenile?
As per the provisions of Section 10 of the Rajasthan Juvenile Justice (Care and Protection of Children) 2015, while dealing with juveniles/children in conflict with law, the child welfare police officer of the nearest police station, in the cases related to involvement in ordinary crime, shall record his/her name in the case diary of the child. Will mention the social background and circumstances under which he was caught and will be presented before the board within 24 hours excluding the time of travel.
45. What precautions should be taken by the police when the children come in contact with the police?
· The interrogation of the juvenile should be done in a confidential and child friendly environment.
· Children should not be handcuffed and kept in jail.
· The name, address, picture and investigation related to the children in conflict with the law should be published in any newspaper, magazine and TV. I should not give
· No use of uniform while proceeding and presenting should be done
· Juvenile should not be kept with other adult criminals.
· Proceedings in relation to girl child should be kept together. women workers during
· As per the requirement, the police should provide necessary basic facilities to the juvenile, interpreter and legal aid through the District Legal Aid Authority.
• The guardians of the juvenile shall be immediately informed of the charges against him.
46. Who is responsible for reporting information to a parent, guardian or probation officer?
According to Section-13 of the Act, the Child Welfare Police Officer of the Police Station or Special Juvenile Police Unit shall inform the parent or guardian of the address, date and time of presenting the child before the Board and inform them about the child's violation of law. You will be informed about the behavior to be done. The concerned probation officer will be informed to make a report on the social background of the child. If the Probation Officer is not available, the Child Welfare Officer will prepare a social investigation report within two weeks and present it before the Board.
47. What is the provision for surrender of children in the Act?
Under the Act, any parent or guardian who wants to surrender the child due to physical, emotional and social reasons beyond his control, may produce the child before the Child Welfare Committee.
48.What are the provisions for prohibition of publication of juvenile's name etc.?
Under Section 74 of the Act, No report shall be published in any newspaper, magazine or audio-visual medium about the investigation or investigation or judicial process, the name, address or school of such child or any information related to the identity of the child by which the child can be identified. Nor will the picture of such a child be published. Provided that the Board or Committee making the inquiry may, after reasons to be recorded in writing, grant acceptance if it is of the opinion that it is in the best interest of the child.
Any person who contravenes the provisions of section 74 shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two lakh rupees, or with both. (74-3)
49. What is the legal provision regarding registration of Child Care Institution under the Act?
Under section 42 of the Act, any person or persons in charge of an institution working for the care and protection of children, who fails or fails to comply with the provisions of sub-section (1) of section 41, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one lakh rupees. can be punished with According to the provisions of sub-section 1 of section 41 under the Act, every institution working for child care and protection have been asked to register within six months from the coming into force of the Act, but every thirty days delay in applying for registration will be considered as a separate offense (Section-42).
50. What is meant by open shelter in the Act?
According to Section 43 of the Act, the state government or voluntary organization for the care and protection of children as per. Will be able to set up an open shelter home for short-term residential needs and inform the District Child Welfare Unit and Child Welfare Committee about the children availing the services of the shelter as per the rules.
51. What provisions have been made in the Act regarding cruelty to children?
According to section 75 of the Act, whoever, being in actual charge or controlling the child, unnecessarily assaults, abandons, neglects, tortures the child so as to cause mental or physical suffering, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one lakh rupees, or Both can be decorated.
52. What is the penal provision in the Act regarding employment of children for begging?
According to section 76 of the act, whoever employs children for begging or asks any child to punished with imprisonment of either description for a term which may extend to five years and shall be liable to fine of one lakh rupees. Whoever for this purpose mutilates or maims a child shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to ten years and shall also be liable to fine of five lakh rupees.
53. What are the provisions of punishment in the Act for those who give or cause to be given any intoxicating liquor or any narcotic drug or psychotropic substance to children?
Whoever takes any intoxicant or gives or causes to be given any narcotic drug or psychotropic substance to a child. According to Section 77 of the Act, he will be punished with imprisonment of 7 years and a fine of one lakh rupees.
54. If children are sold, retailed, bought, sold, kept, supplied or smuggled any intoxicating liquor or any narcotic drug or psychotropic substance, then what are the provisions of punishment in the Act?
Whoever sells, retails, buys, keeps, supplies or smuggles any intoxicating liquor or any narcotic drug or psychotropic substances to children, then according to section 78 of the Act, rigorous imprisonment which may extend to 7 years and Shall be punished with one lakh rupees.
55. Is there any punishment for employing children for the purpose of any business?
Under Section 79 of the Act, any person who employs a child in any type of business (risky or non-risky), keeps him captive and makes the child or adolescent earn money for his own personal earning purposes, shall be punished with rigorous imprisonment. Which can be up to 5 years and will be punished with a fine of one lakh rupees. It shall also include sale of goods and services and entertainment in public places for economic gain.
56. Is there any penal remedy for adoption without following the procedures prescribed in the Act?
Any person, organization who proposes to adopt an orphan, abandoned, or surrendered child without following the procedures prescribed in the Act, according to section 80 of this Act, the person or organization shall be punished with imprisonment of either description for a term which may extend to three years and Measures have been taken to punish one lakh rupees or both.
57. Sale of children for any purpose in the Act and what is the provision for protection from procurement?
According to section 81 of the Act, whoever buys, sells or receives children for any purpose shall be punished with rigorous imprisonment for a term which may extend to five years, or with fine which may extend to one lakh rupees, or with both.
58. What in the act of corporal punishment in the name of discipline, Is there a provision?
According to section 82 of the Act, whoever willfully inflicts corporal punishment on a child who is under his care or control in the name of discipline, shall be punished on first conviction with a fine of ten thousand rupees and for subsequent offense with imprisonment which may extend to three months or shall be punished with fine, or with both.
59. What is the provision regarding child use by extremist groups or other adults?
According to section 83 of the Act, whoever uses or recruits a child to extremist groups or other adults shall be punished with rigorous imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees.
60. What provisions have been made for punishment for the crimes committed on disabled children in the Act?
According to section 85 of the Act, whoever commits any of the offenses specified in this Chapter, If proved to have been committed on a child, such person shall be liable to double the penalty provided for the offence.
61. What is the provision for abetment of offense in the Act?
Whoever abets the commission of an offense under this Act. If the act abetted is committed as a result of abetment, he shall be punished with the punishment prescribed for that offence.
62. Describe the classification of crimes mentioned under the act and the designated courts?
Where any offense under this Act is punishable for a term exceeding seven years, such offense shall be cognizable, non-bailable and triable by a Children's Court. An offense which is three years or more but less than seven years, where such offense shall be non-cognizable, non-bailable and shall be triable by a Magistrate of the first class. An offense punishable with imprisonment for a term of less than three years, or with fine only, where such offense shall be non-cognizable, bailable, and triable by a Magistrate.
63. What is the alternative punishment under the Act?
Where any act or omission constitutes such an offence. which under this Act and any other law for the time being in force where, notwithstanding anything contained in any such law, the offender found guilty of such offense shall be liable to such punishment under such law which provides for such punishment which is greater in degree.
64. What are the provisions regarding the commission of offense by a child under this Act?
Any child who commits an offense under this Act shall be deemed to be a child in conflict with law under this Act. (Section 89)
65. What is Children’s Home?
"Children's Home" means an institution established by the Government or a voluntary organization and certified by the Government. These children's homes have been established by the State Government Social Justice and Empowerment Department under Section 50 of the Act for long-term care and protection. In this, children can be kept in children's homes on the recommendation of the Child Welfare Committee.
66. What the Children’s home is called?
The crèche is from an institution established by the government or a voluntary organization and certified by the government. These crèches are meant for children in the age group of 0-5 years for long-term care and protection needs.
67. What is meant by "Special Home"?
"Special Home" means an institution, home/house established by Government or non-Government organization which has been certified by the Government under section 48. The purpose of the special home is to re-socialize the children in conflict with the law according to the order made under section 18 of the Juvenile Justice Board. placing in
68. Who is considered as a guardian in the Act?
Section 2(31) of the Act, 2015 'Guardian' means natural guardian i.e. parent or a person who looks after the child and recognized by the competent authority or authority.
69. What will the police do if a child in need of care and protection is found?
According to Section-31 of the Act, when a child in need of care and protection is found within the jurisdiction of a police station, the Child Welfare Police Officer of the police station, without wasting time, takes the child before the Child Welfare Committee within a maximum of 24 hours. There is a provision for presentation and he can be directed by the Child Welfare Committee to send him to the child home and take other necessary advance action.
70. What is the procedure in case of new born babies/children being received by the police?
The police will produce the child before the Child Welfare Committee in such cases. The police will register a case under the law against the unknown parents of new born babies. To provide immediate medical treatment to the new born baby, he will immediately inform the Child Welfare Committee after being admitted to the hospital. According to section 75 of the Act, if this is done intentionally, imprisonment of 3 years and one lakh rupees. There is a provision of punishment of fine. These provisions will not apply if it is beyond the control of the biological parents to do so.
71. Is there any time limit for completion of investigation work under the Act in case of crime committed by juvenile/child?
An inquiry as per section 15 of the Act shall be conducted within a period of four months from the date of first production of the child before the Board unless the Board, having regard to the circumstances of the case and for reasons to be recorded in writing for such disposal, If the said period has not been extended thereafter for a maximum period of two months, it shall be completed.
Where a child has committed any heinous offences, the preliminary assessment shall be completed within a period of three months from the date of first production of the child before the Board.
72. Adoption in the Act (what is meant by the process of adoption?
The child or girl who is permanently separated from his real (birth) parents for any reason and the parents to whom such child is adopted becomes their legitimate (by law) child, adopted ( All the rights, privileges and responsibilities are given by the adoptive parents.
73. What is the procedure for any child proposed to be adopted by any citizen of India?
According to Section 58 of the Act, if any child is offered for adoption, regardless of religion, then an application will have to be made before the specialized adoption agency as per the regulations framed by the authority. The agency will be declared a legally independent child after conducting a study of the applicant. After this, on receipt of acceptance letter of the child along with study and medical report, the specialized adoption agency will place the child under pre-adoption care. Will apply in the court as per rules for obtaining adoption order.
74. What are the provisions for inter-country adoption in the Act?
A relative living abroad who intends to adopt a child from his relative living in India shall obtain an order from the Court and apply for a no-objection certificate from the Authority in the manner prescribed in the Adoption Regulations framed by the Authority.
75. Adoption in the Act (what is meant by the process of adoption?
The child or girl who is permanently separated from his real (birth) parents for any reason and the parents to whom such child is adopted becomes their legitimate (by law) child, adopted ( All the rights, privileges and responsibilities are given by the adoptive parents.
76. What is the procedure for any child proposed to be adopted by any citizen of India?
According to Section 58 of the Act, if any child is offered for adoption, regardless of religion, then an application will have to be made before the specialized adoption agency as per the regulations framed by the authority. The agency will be declared a legally independent child after conducting a study of the applicant. After this, on receipt of acceptance letter of the child along with study and medical report, the specialized adoption agency will place the child under pre-adoption care. Will apply in the court as per rules for obtaining adoption order.
74. What are the provisions for inter-country adoption in the Act?
A relative living abroad who intends to adopt a child from his relative living in India shall obtain an order from the Court and apply for a no-objection certificate from the Authority in the manner prescribed in the Adoption Regulations framed by the Authority.
75 Whom can the court allow to be given in adoption?
Court permission to be given in adoption Any person irrespective of his marital status or a childless couple can be allowed to adopt a child. An unmarried or single man cannot give adoption to a girl child.
76. How is the age of ACT children determined?
According to Section 94 of the Act, for the proof of age of juvenile / child in conflict with law, through matriculation or equivalent certificate, birth certificate, school certificate, certificate issued by Gram Panchayat / urban body, etc. Will be done In case of non-availability of any type of document, the age will be determined by the established medical board constituted in the government hospital, which will be done within 15 days from the date of issue of the order.
77. What are the roles of government or any voluntary organizations for orphan abandoned or surrendered children?
Section 40 and 41 of the Act, such children in need of care and protection, who are orphans, abandoned or surrendered, are being run by the state government or any voluntary organizations for rehabilitation and reintegration into the society. Children's homes and institutions will ensure that these children are set free for adoption and all such cases shall be reported to the adoption agency of such district for adoption of such children in accordance with the guidelines notified under sub-section (3).
78. What is the transfer procedure between children's homes in the Act and juvenile homes of similar nature (nature) in India?
Under Section 96 of the Act, the State Government may, at any time, on the recommendation of the Board or Committee, transfer children from children's homes or special homes to similar facilities anywhere in the State, keeping in view the best interests of the child or adolescent. The board and the committee will be competent to order for transfer in the district.
79. What is the provision regarding release of any child from any institution?
According to section 97 of the Act, the board or committee on the recommendation of any probation officer, social worker or any organization, keeping in view the interest of children, release children from children's homes or special homes for training for livelihood or care for rehabilitation. can be done.
80. Whether Board can exempt juvenile or child from attendance?
As per section 98 of the Act, when it appears to the Board to leave to the child or adolescent subject to special occasions such as examination, marriage of relatives, death of friends or relatives or accident or serious illness of a parent or other exigency ordinarily: leave for a period not exceeding seven days at a time; or Can be sent on leave.
Provided that if a child in conflict with law fails to return to the special home on the expiry of the period of leave, the period for which he is still liable to be kept in the institution may be extended by a period equal to that period. will be given.
81. What is the provision in the Act for protection of action taken in good faith for children?
According to Section-100 of the Act, any suit or legal proceeding shall be instituted by the State Government or voluntary organization or any officer and employee appointed in pursuance of this Act in respect of any matter in good faith or failure to issue any order on their part. No action will be taken against.
82 Whether any person aggrieved by any order passed by the Juvenile Justice Board or the Committee in the Act can file an appeal?
In accordance with section 101 of this Act, Any person aggrieved by any order issued by the Juvenile Justice Board or the Child Welfare Committee may appeal to the Children's Court within thirty days from the date of issue of such order, except in respect of such decisions of the Committee on Foster Care and After Care, in respect of which appeal shall lie to the District Magistrate. Provided that no appeal shall lie in the case of an offense committed by a juvenile, other than a heinous offense under section 15, if he has been declared innocent by the Board or acquitted on attaining the age of 16 years. No second appeal shall lie against any order of the Children's Court passed in an appeal under this section. Any person aggrieved by the order of the Children's Court may file an appeal before the High Court in accordance with the procedure laid down in the Code of Criminal Procedure, 1973 (Od. No. 2 of 1974).
83. What is meant by District Child Protection Unit?
A Child Protection Unit established by the State Government under Section 106 for a district to ensure the implementation of this Act and other child protection measures in the district.
84. What is Juvenile Justice Fund?
Under Section-105 of this Act, a provision has been made by the State Government to constitute Juvenile Justice Fund in such name as it deems fit or in this Act, this fund is used for the rehabilitation and welfare of those who have been proceeded under this Act.