Child Welfare Committee and Juvenile Justice Board | Criminal Law - CLAT PG PDF Download

Introduction

• The Child Welfare Committee is an independent body established under the Juvenile Justice (Care and Protection of Children) Act, 2015, specifically mentioned in Section 27 of Chapter V.
• Its primary role is to address the needs of children requiring care and protection.
• Every district is required to have one or more Child Welfare Committees, comprising a Chairperson and four other members. At least one member must be a woman, and another should have expertise in child-related matters.
• The Committee operates as a bench, guided by the Code of Criminal Procedure, 1973.

Powers

• The powers of the Child Welfare Committee are outlined in Section 29 of the Juvenile Justice Act, 2015.
• The Committee has the authority to handle cases related to the care, protection, treatment, development, rehabilitation, and basic needs of children.
• Once constituted, the Committee has exclusive jurisdiction over proceedings concerning children in need of care and protection.
• While exercising its powers, the Committee must adhere to the provisions of other applicable laws.

Functions and Responsibilities

• The functions and responsibilities of the Child Welfare Committee, as per Section 30 of the Juvenile Justice Act, 2015, include:
• Taking cognizance of neglected children presented before it.
• Conducting inquiries regarding issues impacting the safety and well-being of children.
• Directing Child Welfare Officers, District Child Protection Units, and NGOs for social investigations and reports.
• Inquiring into the declaration of suitable persons for the care of children.
• Recommending placements of children in foster care facilities.
• Ensuring care, protection, restoration, and rehabilitation of children based on individual care plans.
• Selecting registered institutions for children’s placement based on gender, age, disability, and needs.
• Certifying the performance of surrender deeds by parents and facilitating family preservation.
• Making efforts for the restoration of lost or abandoned children to their families.
• Declaring children legally free for adoption after due inquiry.
• Taking suo moto cognizance of cases and reaching out to children in need of care and protection.
• Coordinating with various departments involved in child care and protection.
• Accessing appropriate legal services for children.

[Intext Question]

Juvenile Justice Board

Constitution

• The constitution of the Juvenile Justice Board is outlined in Section 4(2) of the Act. The Board comprises a Principal Magistrate(Metropolitan Magistrate or Judicial Magistrate First Class) and two social workers, one of whom must be a woman.

Powers granted to Juvenile Justice Board

• The Juvenile Justice Board possesses all powers conferred by the Code of Criminal Procedure, 1973, on a Metropolitan Magistrate or a Judicial Magistrate First Class.

Eligibility Criteria for Selection as Member of Juvenile Justice Board

• Under Section 4(4) of the Act, the eligibility criteria for Board members are defined negatively. Individuals are ineligible if they have:
• Any past record of human rights or child rights violations.
• Been convicted of an offense involving moral turpitude, unless the conviction has been reversed or pardoned.
• Been removed or dismissed from government services or any undertaking controlled by the Central or State Government.
• Engaged in acts of child abuse,child labor, or other human rights violations.

Functions

• When children alleged or found to be in conflict with the law are presented before the Juvenile Justice Board, the Board evaluates various factors such as the nature of the offense, the child’s specific needs for supervision or intervention, the circumstances outlined in the social investigation report, and the child’s past conduct. Based on this evaluation, the Board may take several actions:
• Allow the child to return home after providing advice or admonition following appropriate inquiry and counseling for the child and their parents or guardian.
• Direct the child to participate in group counseling and similar activities.
• Order the child to perform community service under the supervision of an organization, institution, or specified individual(s) identified by the Board.
• Order the child or their parents/guardian to pay a fine, ensuring compliance with relevant labor laws if the child is working.
• Direct the child to be released on probation of good conduct and placed under the care of a parent, guardian, or fit person, with a bond for good behavior and the child’s well-being for up to three years.
• Direct the child to be released on probation of good conduct and placed under the care and supervision of a fit facility for up to three years.
• Order the child to be sent to a special home for a period not exceeding three years, where they will receive reformative services including education, skill development, counseling, behavior modification therapy, and psychiatric support.

[Intext Question]