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JUVENILE JUSTICE
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ACKNOWLEDGEMENT

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TABLE OF CONTENTS

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INTRODUCTION

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CUSTODIAL MEASURES FOR JUVENILES

The Government of India enacted the Juvenile Justice (Care and Protection
of Children) Act, 2000 and one of the aims of the Act is

“….. to consolidate and amend the law relating to juveniles in conflict

with the law and children in need of care and protection, by providing
for the proper care, protection and treatment by catering to their
development needs, and by adopting a child-friendly approach in the
adjudication and disposition of matters in the best interest of children
and for their ultimate rehabilitation through various institutions
established under this enactment.”

With this in mind, the JJ(C&PC) Act provides for establishment, management
and regulation of different categories of juvenile homes for the reception and
reformation of juveniles in conflict with the law as well as to provide shelter
to children in need of care and protection. These include (i) Observation
homes under Section 8, (ii) Special homes under section 9, (iii) Children’s
homes under section 34, and (iv) Shelter homes under section 37. The
JJ(C&PC) Act also empowers the State Government to certify any institution
other than the one established by the government as a fit institution (i) for
the temporary reception of juvenile in conflict with law (Observation homes)
during the pendency of any inquiry regarding them under section 8(2); (ii)
Special homes for reception and rehabilitation of juvenile in conflict with law
under section 9(2); (iii) Children’s homes for the reception of child in need of
care and protection during the pendency of any inquiry and subsequently for
their care, treatment, education, training, development and rehabilitation
under section 34(2); and (iv) Shelter homes for the children in the need of
urgent support under section 37(2). Rule 2(i) of the Juvenile Justice (Care
and Protection of Children) Rules, 2007 states that “institution means an
observation home, or a special home, or a children’s home or a shelter
home setup, certified or recognized and registered under sections 8, 9, 34,
sub-section (3) of section 34 and section 37 of the Act respectively

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Observation Home & Special Homes
Observation Homes are meant for the temporary reception of any juvenile in
conflict   with   the Law during the pendency of any inquiry against him /
her. Only children in conflict with law brought under the purview of the
Indian Penal Code and other legislations are produced before the Juvenile
Justice Board constituted as per the section 4 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 and Amendment Act 2006.
The apprehended children are normally detained under prohibition up to 4
months in these Observation Homes.
1) Any State Government may establish and maintain either by itself or
under an agreement with voluntary organizations, observation homes
in every district or a group of districts, as may be required for the
temporary reception of any juvenile in conflict with the law during
pendency of any inquiry regarding them under this Act.

2) Where the State Government is of opinion that any institution other

than a home established or maintained under sub-section (1), is fit
for the temporary reception of juvenile in conflict with the law during
the pendency of any inquiry regarding them under this Act, it may
certify such institution as an observation home for the purposes of
this Act.

3) The State Government may, by rules made under this Act, provide
for the management of observation homes, including the standards
and various types of services to be provided by them for
rehabilitation and social integration of a juvenile, and the
circumstances under which, and the manner in which, the certification
of an observation home may be granted or withdrawn.

4) Every juvenile who is not placed under the charge of a parent or

guardian and is sent to an observation home shall be initially kept in
a reception unit in the observation home for preliminary inquiries,
care and classification of juveniles, according to his age group, such
as seven to twelve years, twelve to sixteen years and sixteen to

5|Page
 eighteen years, giving due considerations to physical and mental
status and degree of the offense committed, for further induction into
observation home.

1
5) Separate observation homes for girls and boys ;

6) Classification and segregation of juveniles, according to their age

group, preferably 7-11 years, 12-16 years and 16-18 years, giving
due consideration to physical and mental status and the nature of the
offense committed.

1
Sec. 40 (2) (a)

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Special Homes

Children who are convicted under section 15 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 and Amendment Act, 2006, are
admitted to Special Homes for long term rehabilitation.

1) Any State Government may establish and maintain either by itself or

under an agreement with voluntary organizations, special homes in
every district or a group of districts, as may be required for reception
and rehabilitation of juvenile in conflict with law under this Act.

2) Where the State Government is of opinion that any institution other

than a home established or maintained under sub-section (1), is fit for
the reception of juvenile in conflict with law to be sent there under
this Act, it may certify such institution as a special home for the
purposes of this Act.

3) The State Government may, by rules made under this Act, provide for
the management of special homes, including the standards and
various types of services to be provided by them which are necessary
for re-socialization of a juvenile, and the circumstances under which,
and the manner in which, the certification of a special home may be
granted or withdrawn.

4) The rules made under sub-section (3) may also provide for the
classification and separation of juvenile in conflict with the law on the
basis of age and the nature of offenses committed by them and his
mental and physical status.

5) Separate special homes for girls above the age of 10 years and boys
2
in the age groups of 11 to 15 and 16 to 18 years ;
6) Classification and segregation of juveniles on the basis of age and
nature of offences and their mental and physical status

2
Sec. 40 (2) (b)

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Children Homes

These Children Homes have to be established and maintained in every

district or group of districts by the state government or voluntary organization
certified by the state government, for the reception of a child in need of
care and protection initially during the pendency of any inquiry. After the
inquiry is over, the Child Welfare Committee may send the child to the
Home for their care, treatment development, education, training and
rehabilitation.

1) The State Government may establish and maintain either by itself or

in association with the voluntary organizations, children's homes, in
every district or group of districts, as the case may be, for the
reception of the child in need of care and protection during the
pendency of any inquiry and subsequently for their care, treatment,
3
education, training, development and rehabilitation .

2) The State Government may, by rules made under this Act, provide for
the management of children's homes, including the standards and the
nature of the services to be provided by them, and the circumstances
under which, and the manner in which, the certification of a children's
home or recognition to a voluntary organization may be granted or
withdrawn.

3
Sec. 31

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 4
Inspection

1) The State Government may appoint inspection committees for the

children's homes (hereinafter referred to as the inspection committees)
for the State, a district and city, as the case may be, for such period
and for such purposes as may be prescribed.

2) The inspection committee of a State, district or of a city shall consist

of such number of representatives from the State Government, local
authority, the Committee, voluntary organizations and such other
medical experts and social workers as may be prescribed.

5
Social Auditing .

The Central Government or State Government may monitor and evaluate the
functioning of the Children's homes at such period and through such persons
and institutions as may be specified by that Government.

i. While children of both sexes below 10 years can be kept in the same
home, separate bathing and sleeping facilities shall be maintained for
6
boys and girls in the age group of 5-10 year s;
ii. Separate children’s homes for boys and girls in the age group of 7-11
and 12- 18 years;
iii. Separate facilities for children in the age group of 0-5 years with
appropriate facilities for infants.

4
Sec. 35
5
Sec.36
6
Sec. 40 (2) (c )

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Shelter Homes

Shelter Homes have to be established and maintained in every district or

group of districts by the state government or voluntary organization certified
by the state government for the reception and rehabilitation of children in
conflict with the law.

1) The State Government may recognize reputed and capable voluntary

organizations and provide them assistance to set up and administer as
7
many shelter homes for juveniles or children as may be required .

2) The shelter homes referred in sub-section (1) shall function as drop-in-

centers for the children in the need of urgent support who have been
brought to such homes through such persons as are referred to in
sub-section (1) of section 32.

3) As far as possible, the shelter homes shall have such facilities as

may be prescribed by the rules.

8
Transfer .-

1) If during the inquiry it is found that the child hails from the place
outside the jurisdiction of the Committee, the Committee shall order
the transfer of the child to the competent Authority or homes.
2) Such juvenile or the child shall be escorted by the staff of the home
in which he is lodged originally.
3) The State Government may make rules to provide for the travelling
allowance to be paid to the child.

7
Sec. 37
8
Sec. 38

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Physical Infrastructure
9
(i) Separate shelter homes for girls and boys ;

(ii) Separate shelter homes for girls above the age of 10 years and boys in
the age groups of 11 to 15 and 16 to 18 years.

9
Sec. 40 (2) (d)

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 10
India’s Hell Holes: Child Sexual Assault in Juvenile Justice Homes
Stated that sexual offenses against children in India have reached and
epidemic proportion and a large number of them are being committed in the
juvenile justice homes run and aided by the Government of India. 
Many of the child rape cases take place in juvenile justice homes, i.e.
observation home, special home, or children’s home or shelter home setup,
certified or recognized and registered respectively under sections 8, 9, 34,
sub-section (3) of section 34 and section 37 of the Juvenile Justice (Care
and Protection of Children) Act [JJ(C&P)C Act]. At the end of financial year
2011-2012, about 733 juvenile justice homes in India had received grants
under the Integrated Child Protection Scheme (ICPS) of the Ministry of
Women and Child Development.

It will not be an understatement to state that juvenile justice homes,

established to provide care and protection as well as re-integration,
rehabilitation and restoration of the juveniles in conflict with the law and
children in need of care and protection, have become India’s hell holes
where inmates are subjected to sexual assault and exploitation, torture and
ill treatment apart from being forced to live in inhuman conditions. The girls
remain the most vulnerable. It matters little whether the juvenile justice
homes are situated in the capital, Delhi or in the towns.

Here are hundreds of unregistered child care homes across the country

despite the requirement to register the same within six months under JJ(C&
PC) Act, 2006. Inspection is seldom carried out in these unregistered homes
and children remain extremely vulnerable to sexual abuse in these homes.

10
www.achrweb.org/reports/india/IndiasHellHoles2013.pd

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Case 1: Repeated sexual abuse of two minor girls by Manager of Baba
11
Deep Jyoti Anath Ashram in Sambalpur ,

Odisha On 3 April 2013, Upendra Das (40), Manager of Baba Deep Jyoti
Anath Ashram, an orphanage at Naxapali in Sambalpur, Odisha was
arrested by police for allegedly sexually abusing two minor girls of the
orphanage for the last two months. The accused was arrested after some
girl inmates of the orphanage confided about the sexual abuse of the girls
to one Manas Barik, who teaches the inmates voluntarily.

In turn, the teacher informed the Chairperson of the Child Welfare

Committee who asked the District Collector to take action on the matter. The
District Collector and the police raided the orphanage on the night on 2
April 2013. There were 20 inmates - 16 girls and four boys - aged between
1 and 14 years in the orphanage. All the inmates were shifted to Rukmani
Lath Bal Niketan at Chachhanpali following a direction of the District
Collector. Two among the girls, who were studying in class V and VII
respectively, alleged that they had been sexually abused repeatedly by
Upendra Das for about two months. A case was registered.

11
Orphanage staff arrested for ‘sexually abusing’ inmates, The New Indian Express, 4 April 2013

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Case 2: Torture and sexual assault on girl inmates at Bethel Children
Home in Durg, Chhattisgarh

On 26 March 2013, four girl inmates ran away from Bethel Children Home
in Titrudih area in Durg district of Chhattisgarh. They were rescued by
volunteers of Childline NGO who helped them file a police complaint. The
girls claimed that they were not given food, and instead they were beaten
and sexually abused.12 On 30 March 2013, the police arrested Director of
the Home, B Nadulu and Warden J Dilip Kumar. Following the revelation an
inspection was conducted by Chhattisgarh State Commission for Protection
(CSCPR) of Child Rights and Women and Child Welfare Department, which
confirmed the allegations. During the inspection some of the boy inmates
also complained of sexual abuse. About 47 children, including 17 girls, were
staying at the privately run children home. Four of the girls who escaped
from the home were shifted to a children's home at Mana in Raipur while
the rest were being kept at a state- run children home in Durg.

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Case 3 Physical and sexual abuse of orphan girls at Jai Anand Nirashrit
Ashram, Nasik, Maharashtra

In March 2013, girl inmates of Jai Anand Nirashrit Ashram, an orphanage

situated at Chamar Leni area in Nasik, Maharashtra sent letters to Child
Welfare Committee and Childline alleging physical and sexual abuse by the
officials of the orphanage. In their complaint letters, the victims alleged that
Superintendent Bhausaheb Thorat, Caretakers Santosh Thorat and Harshad
Patil, and Security Guard Bhalerao had been physically and sexually abusing
them for years. The inmates revealed in the letters that whenever they were
taken to a doctor’s clinic, the accompanying caretakers would stop the
vehicle in isolated areas and sexually abuse them. The letter also stated
that the accused would touch their private parts, made to bend over and
touch their toes for hours as punishment for small mistakes, and when
visitors came to the orphanage, the caretakers would stand behind them and
pinch them so that they do not complain to the outsiders about the abuse.
On 24 March 2013, Child Welfare Committee and the Department of Women
and Child Development visited the orphanage for investigation.

The orphanage, recognized by the Department of Women and Child

Development, Maharashtra housed 35 girls and 63 boys. However, there
were no female staffs other than the cooks who come for few hours every
day to prepare meals.

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Case 4: Boy sodomized by a guard and senior inmates at Govt-run
12
Ashiana Home for Boys, Alipur in Delhi

On 13 March 2013, Delhi Police informed the Delhi High Court that the
security guard of a government-run children home, Ashiana Home for Boys
in Alipur, Delhi was removed from the job after a seven-year-old HIV
positive boy alleged that he was sexually abused by the security guard and
other older inmates. The security guard identified as Amandeep use to beat
up the children with stick regularly. The boy also alleged that three older
inmates had sexually abused him and used to harass him daily.

12
9 juveniles booked for sodomy, The Times of India, 20 March 2013

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Case 5: Sexual abuse of a minor girl by Manager of a child Care home
in Delhi
In March 2013, Ibrahim, (58 years) 20, manager of a childcare home at
Samaypur Badli, Outer Delhi, was arrested on the charge of sexually
abusing a minor girl and subjecting her to child labour. An NGO, which had
sent the girl to the care Centre, conducted a surprise visit and found that
the child was living at the residence of the Centre’s manager. Thereafter the
NGO representatives took custody of the girl and informed the police. After
medical examination, the child was sent to another care home. On 18 March
2013, the girl was produced before the Child Welfare Committee. She
alleged that the manager had kept her in his house for the past one year
and had also raped her. The CWC ordered police to register a case against
13
the manager.

13
Delhi playschool owner’s husband held sexually abusing 5-year-old girl, The Indian Express, 20 March 2013

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NON-CUSTODIAL MEASURES

Restoration of and protection to a child shall be the prime objective of any

children's home or the shelter home. The children's home or a shelter home,
as the case may be, shall take such steps as are considered necessary for
the restoration of and protection to a child deprived of his family
environment temporarily or permanently where such child is under the care
and protection of a children's home or a shelter home, as the case may be.

The Committee shall have the powers to restore any child in need of care
and protection to his parent, guardian, and fit person or fit institution, as the
14
case may be, and give them suitable directions .

Explanation.-For the purposes of this section "restoration of child" means

restoration to-

(a) Probation
(b) Adoption
(c) Foster care
(d) After- care and
(e) Community based services

The rehabilitation and social reintegration of a child shall begin during the
stay of the child in a children's home or special home and there habilitation
and social reintegration of children shall be carried out alternatively by

(i) Adoption,

(ii) Foster care,

(iii) Sponsorship, and

15
(iv) Sending the child to an After-Care organization .

14
Sec.39
15
Sec.40

18 | P a g e
Child Welfare Committee-

They have to be constituted under the Act to deal with children in need of
care and protection for every district. In the case of Prerana v. State of
16
Maharashtra and Ors , it was held that children rescued from brothels
should be treated as “children in need of care and protection” under the
Juvenile Justice (Care and Protection of Children) Act, 2000. A lawyer
representing the accused should not represent the victims. The Committee
will consist of the Chairperson and four other members, and among the
members, one of them has to be a woman and another an expert on
matters concerning children. The Committee will have the powers of a
Metropolitan Magistrate or a Judicial Magistrate of First Class. There is a
provision in the Act for a social worker or a public-spirited citizen to produce
the child before the CWC, provided the child is produced before the CWC
within 24 hours (excluding the time necessary for the journey). Restoration
of a child to his/her parents, including adopted and foster parents, guardians,
fit persons and fit institutions, and protection to a child are the primary
objectives of setting up the CWCs. Members of a CWC have the very
serious responsibility of dealing with issues that include victims of child
sexual abuse, trafficked children, child labourers, bonded labourers, disabled
children, displaced children, migrant children, etc. Many of them, however,
are part-time honorary staff members and are not trained to deal with such
complex legal issues that they have to face. There is thus a need for full-
time dedicated, trained members for the CWCs.

The State Government may, by notification in Official Gazette,

constitute for every district or group of districts, specified in the
notification, one or more Child Welfare Committees for exercising the
powers and discharge the duties conferred on such Committees in
17
relation to child in need of care and protection under this Act .
The Committee shall consist of a Chairperson and four other members
as the State Government may think fit to appoint, of whom at least
one shall be a woman and another, an expert on matters concerning
children.
16
Writ petition No. 788 of 2002, Bombay High Court
17
Sec. 38

19 | P a g e
 The qualifications of the Chairperson and the members, and the
tenure for which they may be appointed shall be such as may be
prescribed. The appointment of any member of the Committee may be
terminated, after holding an inquiry, by the State Government, if-

i. He has been found guilty of misuse of power vested under this Act;
ii. He has been convicted of an offense involving moral turpitude, and
such conviction has not been reversed or he has not been granted full
pardon in respect of such offense;
iii. He fails to attend the proceedings of the Committee for consecutive
three months without any valid reason or he fails to attend less than
three-fourth of the sittings in a year.

The Committee shall function as a Bench of Magistrates and shall have the
powers conferred by the Code of Criminal Procedure, 1973 (2of 1974) on a
Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the
first class.

18
Procedure in relation to Committee .-

1) The Committee shall meet at such times and shall observe such rules
of procedure in regard to the transaction of business at its meetings,
as may be prescribed.

2) A child in need of care and protection may be produced before an

individual member for being placed in safe custody or otherwise when
the Committee is not in session.
3) In the event of any difference of opinion among the members of the
Committee at the time of any interim decision, the opinion of the
majority shall prevail, but where there is no such majority the opinion
of the Chairperson shall prevail.

18
Sec. 30

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 4) Subject to the provisions of sub-section (1), the Committee may act,
notwithstanding the absence of any member of the Committee, and no
order made by the Committee shall be invalid by reason only of the
absence of any member during any stage of the proceeding.

19
Powers of Committee .-

1) The Committee shall have the final authority to dispose of cases

for the care, protection, treatment, development and rehabilitation
of the children as well as to provide for their basic needs and
protection of human right.
2) Where a Committee has been constituted for any area, such
Committee shall, notwithstanding anything contained in any other
law for the time being in force but save as otherwise expressly
provided in this Act, have the power to deal exclusively wish all
proceedings under this Act relating to children in need of care
and protection.

20
Production before Committee .-

1) Any child in need of care and protection may be produced

before the Committee by one of the following persons-

(i) Any police officer or special juvenile police unit or a designated police
officer;

(ii) Any public servant

(iii) Child line, a registered voluntary organization or by such other voluntary

organization or an agency as may be recognized by the State Government;

(iv) Any social worker or a public spirited citizen authorized by the State
Government; or

19
Sec. 31
20
Sec. 32

21 | P a g e
(v) By the child himself.

2) The State Government may make rules consistent with this Act
to provide for the manner of making the report to the police and
to the Committee and the manner of sending and entrusting the
child to children's home pending the inquiry.

21
Inquiry .-

1) On receipt of a report under section 32, the Committee or any

police officer or special juvenile police unit or the designated
police officer shall hold an inquiry in the prescribed or agency
as mentioned in sub-section (1) of section 32, may pass an
order to send the child to the children's home for speedy inquiry
by a social worker or child welfare officer and the Committee,
on its own or on the report from any person.

2) The inquiry under this section shall be completed within four

months of the receipt of the order or within such shorter period
as may be fixed by the Committee: Provided that the time for
the submission of the inquiry report may be extended by such
period as the Committee may, having regard to the
circumstances and for the reasons recorded in writing,
determine.

3) After the completion of the inquiry if the Committee is of the

opinion that the said child has no family or ostensible support, it
may allow the child to remain in the children's home or shelter
home till suitable rehabilitation is found for him or till he attains
the age of eighteen years.

21
Sec. 33

22 | P a g e
 22
Funds -

1) The State Government or local authority may create a Fund under

such name as it thinks fit for the welfare and rehabilitation of the
juvenile or the child dealt with under this Act.

2) There shall be credited to the Fund such voluntary donations,

contributions or subscriptions as may be made by any individual or
organization.

3) The Fund created under sub-section (1) shall be administered by the

State advisory board in such manner and for such purposes as maybe
prescribed.

Juvenile Justice Board

The Juvenile Justice Board (JJB) has been constituted under this Act to deal
23
with juveniles in conflict with the law . The Chief Metropolitan Magistrate
(CMM) or Chief Judicial Magistrate (CJM) must review the pending cases
every six months. In case there is a large pendency of cases, they must
direct to increase the frequency of sittings of the Board or constitute
additional Boards, to clear the pending cases. The Juvenile Justice Board
can pass the following orders:

 Allow the juvenile to go home after advice and admonition and

counseling, or
 Direct the juvenile to participate in group counseling and similar
activities, or
 Order the juvenile to perform community service, or
 Order the parent of the juvenile or the juvenile herself/himself to pay a
fine, if s/he is over 14 years of age and earns money, or

22
Sec. 61
23
A JJB must consist of a Metropolitan Magistrate or aJudicial Magistrate of the first class, and two social workers. One of the
social workers must be a woman. The Magistrate is designated as the Principal Magistrate of the JJB. The Magistrate must have
special knowledge or training in child psychology or child welfare, and the two social workers must have been actively involved in
health, education or welfare activities relating to children for at least seven years.

23 | P a g e
  Direct the juvenile to be released on probation of good conduct and
placed under the care of any parent, guardian or other fit person;
such parent or guardian or fit person must execute a bond for the
good behavior and well-being of the juvenile for a maximum period of
three years, or
 Direct the juvenile to be released on probation of good conduct under
the care of any fit institution for a period not exceeding three years,
or
 Make an order directing the juvenile to be sent to a special home for
a period of three years. The JJB has powers to reduce this period
taking into consideration the nature of the offence and the
circumstances of the case, in case the juvenile is over 17 years but
less than 18 years of age, for a period that is below two years; in
any other case, till he attains the age of 18 years. In case of any
juvenile above 16 years who has committed such a serious offence
that s/he cannot be kept in a special home, the Board can send
her/him to a place of safety after reporting the matter to the state
government.

Some of the above orders are very innovative and the JJBs can implement
them in the best interests of the child. For instance, the order relating to
community service can be creatively implemented. For this, the functionaries
of the entire juvenile justice system, including the magistrates, need to be
trained to implement the true spirit of the Act.

The JJBs cannot pass orders directing juveniles in conflict with the law to
be placed in jail or police lock-up, or be sentenced to death or imprisonment
for any term including life imprisonment or send him/her to prison if they are
unable to pay fine or provide security.

The final disposal of the case against a juvenile must be done by at least
two members of the JJB, including the Principal Magistrate. In case of a
conflict of opinion among the members of the JJB, the majority opinion will
prevail. The JJB has been mandated to complete an inquiry within four
months from the date of its commencement and if it requires an extension,
it has to give reasons in writing.

24 | P a g e
The JJBs, in practice, work like second class criminal courts. The
atmosphere and attitude in JJBs resemble those of a criminal court, which
needs to be changed. There is also a need for a court-appointed child rights
representative.

25 | P a g e
 24
Adoption

The primary responsibility for providing care and protection to children shall
be that of his family. Adoption shall be resorted to for the rehabilitation of
such children as are orphaned, abandoned, neglected and abused through
institutional and non-institutional methods. In keeping with the provisions of
the various guidelines for adoption issued from time to time by the State
Government, the Board shall be empowered to give children in adoption and
carry out such investigations as are required for giving children in adoption
in accordance with the guidelines issued by the State Government from time
to time in this regard. The children's homes or the State Government run
institutions for orphans shall be recognized as adoption agencies both for
scrutiny and placement of such children for adoption in accordance with the
guidelines issued under sub-section (3).

No child shall be offered for adoption-

(a) Until two members of the Committee declare the child legally free for
placement in the case of abandoned children,

(b) Till the two months period for reconsideration by the parent is over in
the case of surrendered children, and

(c) Without his consent in the case of a child who can understand and
express his consent.

The Board may allow a child to be given in adoption-

(a) To a single parent, and

(b) To parents to adopt a child of same sex irrespective of the number of

living biological sons or daughters.

24
Sec.41

26 | P a g e
 25
Foster care .-

The foster care may be used for temporary placement of those infants who
are ultimately to be given for adoption. In foster care, the child may be
placed in another family for a short or extended period of time, depending
upon the circumstances where the child's own parent usually visit regularly
and eventually after the rehabilitation, where the children may re urn to their
own homes. The State Government may make rules for the purposes of
carrying out the scheme of foster care program of children.

After-Care Organization-

Have to be established or recognized by the rules under the Act made by

the respective state governments. These organizations are slated to take
care of juveniles or children after they leave special homes and children’s
homes to enable them to lead honest, industrious and useful lives. The
report of the probation officer for each child, before his/her discharge from
the Special Home or Children’s Homes, and the necessity and nature and
period of after-care will be determined for each child. The maximum period
of stay in after-care organizations is three years and the juvenile or child
must be above 17 years but less than 18 years of age, and s/he would be
able to stay there till s/he is 21 years of age. The after-care organizations,
at present, are highly inadequate. They need to have facilities for career
counseling and guidance, as also trained staff.
26
The State Government may, by rules made under this Act, provide -

(a) For the establishment or recognition of after-care organizations and the

functions that may be performed by them under this Act;

(b) For a scheme of after-care program to be followed by such after-care

organizations for the purpose of taking care of juveniles or the children after
they leave special homes, children homes and for the purpose of enabling
them to lead an honest and useful life;

25
Sec. 42
26
Sec. 44

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 (c) For the preparation or submission of a report by the probation officer or
any other officer appointed by that Government in respect of each juvenile
or the child prior to his discharge from a special home, children's home,
regarding the necessity and nature of after-care of such juvenile or of a
child, the period of such after-care, supervision thereof and for the
submission of report by the probation officer or any other officer appointed
for the purpose, on the progress of each juvenile or the child ;

(d) For the standards and the nature of services to be maintained by such
after-care organizations;

(e) For such other matters as may be necessary for the purpose of carrying
out the scheme of after-care program for the juvenile or the child:

Provided that any rule made under this section shall not provide for such
juvenile or child to stay in the after-care organization for more than three
years:

Provided, further that a juvenile or child over seventeen years of age but
less than eighteen years of age would stay in the after-care organization till
he attains the age of twenty years.

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Probation

The word “probation” is derived from the Latin word “probare” meaning
“tested” or “proved”. The first Probation officer in this world is said to be
JOHN AUGUSTUS, a Boston Cobbler who is regarded as the “Father of
Probation” who in 1841 volunteered to assist offenders if the court would
27
release them to his care . The Probation of Offenders Act was enacted in
1958 with a view to provide for the release of offenders of certain categories
on probation or after due admonition and for matters connected therewith.
The object of the Act is to prevent the conversion of youthful offenders into
obdurate criminals as a result of their association with hardened criminals of
mature age in case the youthful offenders are sentenced to undergo
imprisonment in jail.

Section 13 of the Act states that where a juvenile is arrested, the officer in
charge of the police station or the special juvenile police unit to which the
juvenile is brought shall, as soon as may be after the arrest, inform the
parent or guardian of the juvenile, if he can be found of such arrest and
direct him to be present at the Board before which the juvenile will appear
and the probation officer of such arrest to enable him to obtain information
regarding the antecedents and family background of the juvenile and other
material circumstances likely to be of assistance to the Board for making the
inquiry.

Section 15 (e) states that where a Juvenile Justice Board is satisfied on

inquiry that a juvenile has committed an offence, then, notwithstanding
anything to the contrary contained in any other law for the time being in
force, the Board may, if it thinks fit direct the juvenile to be released on
probation of good conduct and placed under the care of any parent,
guardian or other fit person, on such parent, guardian or other fit person
executing a bond, with or without surety, as the Board may require, for the
good behavior and well-being of the juvenile for any period not exceeding
three years and sub-section (f) also states that the Board may direct the

27
Prof. N.V. Paranjape, Criminology & Penology with Victimology 521 (Central Law Publications, Allahabad, 11 th edn., 2011)

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juvenile to be released on probation of good conduct and placed under the
care of any fit institution for the good behavior and well-being of the juvenile
for any period not exceeding three years.

However, what would be the criteria for granting probation would again
28
depend upon the discretion of the Board. In Satto v State of U.P. , three
boys with simmering sex urge tied up an 11 year old girl who was tending
cattle in the village near a neglected brick kiln. The lascivious opportunity
which excited the three juveniles aggressively entered into the erotic
experimentation by raping the girl. The court held them guilty of rape under
section 376. However they were released on probation and the court held
that:
In the present case, we direct the appellants to be released on probation of
good conduct and committed to the case of their respected parents and if
no surviving parent, then their guardian executing a bond each, without
sureties, to be responsible for the good behavior of the youthful offender for
a period of two years from the date of release and for the observance of a
condition namely that the child shall be put to school or continue his studies
if he is already at school and attend any recreational or meditational Centre,
if any, of the parent’s choice regularly.

There seems to be an inbuilt drawback in the above stated provisions as

grant of probation solely depends upon the discretion of the Juvenile board.
However for a better system, it is required that the probation provisions
should also have an exception like the bail provision which should read that
the juvenile shall not be so released if there appear reasonable grounds for
believing that the release is likely to bring him into association with any
known criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice.

28
AIR 1979 SCC 1519

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Community Based Services

Globally, the latter half of the last century has found those of us responsible
for the care, protection, and rehabilitation of juvenile offenders, faced with
phenomenal challenges, vis-a-vis an increase in criminal activity as well as
the dangerous nature of them. It is recognized that stiffer penalties are not
necessarily the required response at this time, despite the public call for
such.
The Convention on the Rights of the Child indicates that the deprivation of
liberty of children should only be used as a measure of last resort, and
when used, only for the shortest appropriate duration (Article 37). The group
agrees that in considering holistic rehabilitation, community-based treatment
is the preferred option, with institutional treatment being a last resort.
Institutional treatment is not an economically viable option and the stresses
and other disruptive elements which it brings to family life are less desirable.
Several countries—Barbados, Papua New Guinea, South Africa and Sri Lanka
to mention a few—still have been unable to comply with the Convention on
the Rights of the Child and the Standard Minimum Rules for the
Administration of Juvenile Justice, and with the United Nations Standard
Minimum Rules for non-Custodial Measures (The Tokyo Rules). This has
been partly a result of economic and political reasons amongst others.
Whatever the barriers to full implementation, the group recognizes the need
to urgently meet the challenge of decreasing youth crime and supporting the
United Nations agreement.
The group agreed that good management systems (individual and
organizational) are imperative to promote success from rehabilitative efforts.
Staff training and program development must be on a continuous basis and
research to cater to changes in both of the above whenever necessary must
be conducted.
The group considered too that the community consists of invaluable
resources which can be tapped and utilized to enhance rehabilitative efforts.
Success of the goals of prevention of further crime and recidivism demands
vibrant public relations endeavors.

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The principles underpinning our proposed model of community-based
treatment are as follows:
(i) The preferred option, in as many instances as possible, is to divert youth
at the pre-court or at the court stage;
(ii) That there should be a Multidisciplinary Team to work on the best
treatment options that will address the needs of the juvenile to help him or
her to remain in the community;
(iii) That the Multidisciplinary Team should leverage on the availability of
community resources to support the juvenile in conflict with the law;
(iv) That the system should be one of through care for continuity of care
and supervision of the juvenile.

Types of Treatment Programs

Each community has various kinds of treatment programs. Actually, in our
group discussion, many types of programs were introduced by the
participants of the respective countries. There is a range and number of
programs available in the respective countries.
The following are some examples of the programs. The community
resources that provide each of them are parenthesized.
(i) Individual Counseling (NGOs, Clinic, Health Center, Private Psychologist)
(ii) Cognitive Behavioral Therapy ((NGOs, Health Center, Clinic, Private)
(iii) Family Therapy ((NGOs, Health Center, Clinic, Private Psychologist)
(iv) Drug Treatment (NGOs, Health Center, Clinic, Private Psychologist)
(v) Literacy Skill Training (NGOs, Public School, Volunteer Probation Officer)
(vi) Vocational Training (NGOs)
(vii) Promotion of Employment (Cooperative Employer, Volunteer Probation
Officer [VPO])
(viii) Restorative Programs such as Victim Offender Mediation, Victim Impact
Panel, Family Group Conferencing (NGOs)
(ix) Community Service Work (NGOs)
(x) Adventure/Sports (NGOs, Sports Bodies)
(xi) Mentorship (VPO)
(xii) Supervision (VPO)
(xiii)Fostering (NGOs)

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The Role of the Multidisciplinary Team
The Multidisciplinary Team adopts a broad perspective for assessment. The
team gathers information from various sources, considers them from all
aspects, and identifies a juvenile’s risk and need. Secondly, the team selects
a program that is most clinically relevant to the juvenile’s risk and need.
The team must have knowledge of the available programs in the region. In
this regard, the team has a strong connection with community resources,
and naturally knows what programs are available. This is one of the greatest
advantages of the Multidisciplinary Team.

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SOME OTHER MEASURES
Ever since Juvenile Delinquency became a separate entity from the criminal
justice system, it has been the goal of juvenile courts to rehabilitate young
offenders in the hopes that they would not carry criminal behavior into
adulthood. Rather than punishing this group of young offenders with
incarceration, there was a perceived need for something different; something
that allowed for the delinquent to learn the error of his or her ways and to
become a productive member of his or her community. This philosophy of
rehabilitation has remained and today is implemented across the nation by
every state through the development of separate systems for juvenile and
criminal justice. 

Mediation

Mediation, because of its inherent individuality, offers a practical and

potentially highly successful approach to juvenile justice. When combined
with a structured competency development program, this hybrid approach is
likely one of the best options for the reduction of recidivism. Unfortunately
however, the only application of our discipline to be found in searches of
“delinquency and mediation” is victim – offender mediation (which has been
shown to be successful in achieving its very specific goals when
implemented by qualified personnel). Perhaps before offering a more detailed
accounting of the argument for mediation in juvenile delinquency cases, a
need arises to distinguish between mediation and psychological treatment;
and, between the need for the treatment and other interventions in juvenile
justice.

Mediation has been classically defined as “the intervention of a third party

between two or more sides in a dispute in an attempt to help them reach
an agreement” Very simply, in this process, a mediator will help the parties
identify their interests in the dispute and the blockades to achieving their
interests. After these interests and blockades are elucidated, agreements can
be worked out between the parties. All of us who have been privy to
mediate any matter can attest to the fact that these interests and blockades

34 | P a g e
 can vary as much as can the people in the mediation. However, uncovering
the underlying interests and blockades is the only manner in which
mediation can result in success.

What is the Juvenile Mediation Program (Delinquency Cases)?

The Juvenile Mediation Program (Delinquency Cases) is an opportunity for
victims and offenders to meet face to face in a safe, controlled environment.
Trained mediators help the victims and offenders talk about the crime. The
mediators guide a process for the victims and offenders to make a plan that
restores the victim and the community.
The program is based on the principle of 'Restorative Justice'. When we
respond to crime in a restorative way, we consider everyone affected by the
crime, including the victim, the community and the offender. The parties talk
about the harm that was caused by the crime and work together to make a
plan to make things as right as possible.
The San Mateo Superior Court administers the Juvenile Mediation Program
(Delinquency Cases). The Mediation Program works closely with the
Peninsula Conflict Resolution Center (PCRC). PCRC provides trained
volunteer mediators who help guide the mediation process. Mediation
services are free.

What are the advantages of Offender-Victim Mediation?

Offender-Victim Mediation:
 Helps victims heal.
 Repairs the damage caused by the crime.
 Improves public safety.
 Helps the offender to grow and learn.
 Reduces the chances that the offender will commit another crime.
 Lowers costs for the Juvenile Justice System.
Offender-Victim Mediation is based on the principles of Restorative Justice.
This means allowing the victim, community and the offender an opportunity
to be involved in the justice process by:
 Participating in a process that identifies the harm caused by the crime;

35 | P a g e
 Agreeing on what needs to be done to make things as right as possible;
and
 Holding the offender personally accountable for repairing the harm caused
by the crime.

How does mediation help the offender?

Mediation gives the youth offender an opportunity to take responsibility for
his/her actions by facing the victim(s) and working together to create a
restitution agreement that is acceptable to both of them. Restitution allows
the offender to be personally accountable.

How does the mediation process work?

Mediation is an opportunity for the victim(s) of a crime and the person(s)
who committed the crime, to meet face to face. Two mediators will help
them talk about how the crime affected their lives.
The victim gets a chance to ask questions that only the offender may be
able to answer, like, how and why they did it. Mediation is also an
opportunity for the victim to express their frustrations and concerns. The
victim and the offender work together to decide on the restitution needed to
cover the victim's losses and to make things as right as possible.
Mediation gives the youth offender an opportunity to take responsibility for
his/her actions by facing the victim(s) and working with the victim to create
a restitution agreement that is acceptable to both of them. Restitution allows
the offender to be personally accountable.
The mediators encourage good communication between the victim and
offender. They do not give advice or make decisions. They help them
explore and negotiate their own solutions. If the parties can agree on a
solution, the mediator can put the agreement in writing.

How can I be referred to Offender-Victim Mediation?

Referrals can be made before or after the youth enters the formal justice
system. If a first-time offender is referred right away, this may prevent the
offender from entering the formal justice system.

36 | P a g e
 Referrals to the program come from many sources. The agencies that
typically refer youth offenders include:
 Court
 Probation
 District Attorney
 Defense attorneys
 Victims and victim advocates
 Affected community members
 Schools
 Law enforcement
 Youth Services Bureau
If you've been referred to the Juvenile Mediation Program, or if you are
interested in using our services, contact the program manager.

House Arrest
Home confinement or house arrest—with and without electronic monitoring (or
EM)—is an intermediate community corrections program designed to restrict
the activities of offenders in the community. This sanction allows offenders to
remain in their homes, go to work, run errands, attend school, and maintain
other responsibilities. However, their activities are closely monitored (either
electronically and/or by frequent staff contacts) to ensure that they are
complying with the conditions set by the court. Offenders placed under home
confinement are restricted to their residence for varying lengths of time and
are required to maintain a strict schedule of daily activities.

The Juvenile House Arrest Program is the highest level of supervision

available to youth in the community. House Arrest operates from within the
Juvenile Detention Center. The program provides an alternative to
incarceration. Juveniles are electronically monitored through random
telephone calls and breathalyzers. House Arrest Officers also randomly visit
the juvenile’s home without notice.

The House Arrest Program is available to youth through three different

avenues:

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  Pre-Sentence: Youth who are waiting first appearances or trials and
are ordered by the court to be supervised pending court action.

 Post-Sentence: Includes youth waiting out of home placement,

evaluations, or treatment. In addition, youth may be placed on the
House Arrest Program as a condition of probation initially, or to
address a violation.

 Conditional Release: Juveniles who have been released from the

Kansas State Juvenile Correctional Facilities may be placed on House
Arrest to promote success through greater structure or to address a
violation of their Conditional Release Control.

While limiting the freedom of juveniles by requiring them to remain in their

homes.
 School
 Treatment
 Religious life
 Employment
 Probation meetings

A client who violates the rules of the House Arrest Contract may be lodged
in the Juvenile Detention Center, or Adult Detention Center, if over eighteen.
A Detention Hearing will be held within forty-eight hours.

Based basically on income of the family “The House Arrest

Program provides an added tool in the gathering of information that
enhances court ordered supervision of those we serve. The House Arrest
Program is just one mechanism that serves to enhance the effectiveness of
the juvenile justice system in our judicial district. Our goal in the House
Arrest Program is to hold juvenile offenders accountable, be cost effective in
the delivery of our services, and maximize public safety using the most up
to date electronic monitoring technologies in supervising pre-release, pre-trial,
and probation cases, at home, in the community

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Electronic Monitoring

Many home confinement programs are implemented in conjunction with

electronic monitoring (EM). EM encompasses a wide range of systems and
components, including home monitoring devices, wrist bracelets, ankle
bracelets, field monitoring devices, alcohol and drug testing devices, voice
verification systems, and global positioning systems (National Law
Enforcement and Corrections Technology Center 1999). Generally, offenders
in an EM program wear a wrist or ankle bracelet that emits a unique signal
to a home monitoring device (HMD) in the offender’s home. The HMD
communicates with the central computer in a monitoring center through the
offender’s telephone line, and is monitored 24 hours a day by a monitoring
specialist. Some jurisdictions also require offenders to be employed, attend
outside counseling, or participate in educational activities. 

EM systems can be either “passive” or “active.” A passive system generally

requires offenders to answer a telephone and speak to a case officer or
insert the transmitter into the HMD to verify their presence at a location. An
active system, by contrast, emits a continuous signal from the transmitter to
the HMD. If the offender moves out of range, the HMD alerts the central
monitoring center. The central monitoring center also may be alerted if a
signal indicates a deviation from the preapproved schedule or a violation of
a predetermined set of regulations. A violation requires an immediate
response from the appropriate agency. Participants who do not comply with
the conditions of their supervision face sanctions ranging from a reprimand
to violation for new offenses.

Close supervision by officers is crucial to the success of home confinement

programs (U.S. Probation and Pretrial Services 2000). Specialists monitor
program participants to ensure that they are working, maintaining a stable
living arrangement, and not engaging in prohibited behavior such as
substance abuse. They also may check monitoring equipment monthly (at
least) to make sure that it is functioning properly and there are no signs of
tampering.

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 29
Fines (In Case Of Earning Juveniles)
A street child in India is a child in India "for whom the street (in the widest
sense of the word, including unoccupied dwellings, wasteland, etc.) has
become his or her habitual abode and/or source of livelihood; and who is
inadequately protected, supervised, or directed by responsible adults. It is
difficult to count the number of street children living in India because of their
nomadic nature, but it is estimated that more than 400,000 street children in
India exist Mainly because of family conflict, they come to live on the
streets and take on the full responsibilities of caring for themselves, including
working to provide for and protecting themselves. Though street children do
sometimes band together for greater security, they are often exploited by
employers and the police.
As street children must provide for themselves, work is a very important
aspect of their lives. Unfortunately, working conditions for street children are
often very poor because they are confined to working in the informal sector,
which is unregulated by the government.
Children are illegally employed by 11,750 hotels, restaurants, canteens, tea
shops, and eating places. Because of street children’s lack of protection
from a family and the law, employers often exploit them, making them virtual
prisoners, sometimes withholding pay, and abusing them. Employers that
would not mistreat the children often will not hire them because they are
seen as too great of a risk. Because of the low pay from employers, street
children in India often choose to be self-employed or work multiple jobs.
Other jobs include cleaning cars; petty vending, selling small items such as
balloons or sweets; selling newspapers or flowers; begging; shining shoes;
working in small hotels; working on construction sites; and working in
roadside stalls or repair shops.
Street children in India are frequently exposed to abuse and
extortion. Because they have no social status and no adults to protect them,
street children identify being physically threatened and intimidated by adults
as the one factor that contributes most to the misery of living on the streets.
The primary cause for this treatment is the views that the police and general
public hold toward them: most scorn them and react to them with hostility.
29
Sec. 15(d) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years
of age and earns money;

40 | P a g e
The street children in India choose to leave their families and homes for
strategic reasons. Three hypotheses have been put forth in an attempt to
explain their choices: urban poverty, aberrant families, and urbanization.
Evidence can to some degree support all three of these hypotheses. In one
study of 1,000 street children living in Bombay conducted in 1990, 39.1
percent of street children said they left home because of problems and
fights with family, 20.9 percent said they left because of family poverty, and
3.6 percent said that they wanted to see the city.

This study illustrates the trend found by most researchers: most children
leave their families to live on the street because of family problems. Family
problems include such things as death of a parent, alcoholism of father,
strained relationships with stepparents, parent separation, abuse, and family
violence. Additionally, street children usually come from female-headed
households.

Most children who leave home to live on the streets come from slums or
low cost housing, both which is areas of high illiteracy, drug use, and
unemployment. Children usually transfer their lives to the streets through a
gradual process; they may at first only stay on the street a night or two.
Gradually they will spend more time away from home until they do not
return.

Once on the streets, children sometimes find that their living conditions and
physical and mental health is better than at home; however, this fact speaks
to the poor conditions of their homes rather than good conditions in the
street. Street conditions are far from child-friendly. Once they leave home,
many street children move around often because of the fear that their
relatives will find them and force them to return home.

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UNITED NATIONS GUIDELINES FOR PREVENTION OF JUVENILE
DELINQUENCY

Every society should place a high priority on the needs and well-being of
the family and of all its members.

 Since the family is the central unit responsible for the primary
socialization of children, governmental and social efforts to preserve
the integrity of the family, including the extended family, should be
pursued. The society has a responsibility to assist the family in
providing care and protection and in ensuring the physical and mental
well-being of children. Adequate arrangements including day-care
should be provided.
 Governments should establish policies that are conducive to the
bringing up of children in stable and settled family environments.
Families in need of assistance in the resolution of conditions of
instability or conflict should be provided with requisite services.
 Where a stable and settled family environment is lacking and when
community efforts to assist parents in this regard have failed and the
extended family cannot fulfill this role, alternative placements, including
foster care and adoption, should be considered. Such placements
should replicate, to the extent possible, a stable and settled family
environment, while, at the same time, establishing a sense of
permanency for children, thus avoiding problems associated with
"foster drift".
 Special attention should be given to children of families affected by
problems brought about by rapid and uneven economic, social and
cultural change, in particular the children of indigenous, migrant and
refugee families. As such changes may disrupt the social capacity of
the family to secure the traditional rearing and nurturing of children,
often as a result of role and culture conflict, innovative and socially
constructive modalities for the socialization of children have to be
designed.
 Measures should be taken and programs developed to provide families
with the opportunity to learn about parental roles and obligations as

42 | P a g e
 regards child development and child care, promoting positive parent-
child relationships, sensitizing parents to the problems of children and
young persons and encouraging their involvement in family and
community-based activities.
 Governments should take measures to promote family cohesion and
harmony and to discourage the separation of children from their
parents, unless circumstances affecting the welfare and future of the
child leave no viable alternative.
 It is important to emphasize the socialization function of the family and
extended family; it is also equally important to recognize the future
role, responsibilities, participation and partnership of young persons in
society.
 In ensuring the right of the child to proper socialization, Governments
and other agencies should rely on existing social and legal agencies,
but, whenever traditional institutions and customs are no longer
effective, they should also provide and allow for innovative measures.

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LEGISLATION AND JUVENILE JUSTICE ADMINISTRATION

 Governments should enact and enforce specific laws and procedures

to promote and protect the rights and well-being of all young persons.
 Legislation preventing the victimization, abuse, exploitation and the use
for criminal activities of children and young persons should be enacted
and enforced.
 No child or young person should be subjected to harsh or degrading
correction or punishment measures at home, in schools or in any
other institutions.
 Legislation and enforcement aimed at restricting and controlling
accessibility of weapons of any sort to children and young persons
should be pursued.
 In order to prevent further stigmatization, victimization and
criminalization of young persons, legislation should be enacted to
ensure that any conduct not considered an offence or not penalized if
committed by an adult is not considered an offence and not penalized
if committed by a young person.
 Consideration should be given to the establishment of an office of
ombudsman or similar independent organ, which would ensure that the
status, rights and interests of young persons are upheld and that
proper referral to available services is made. The ombudsman or other
organ designated would also supervise the implementation of the
Riyadh Guidelines, the Beijing Rules and the Rules for the Protection
of Juveniles Deprived of their Liberty. The ombudsman or other organ
would, at regular intervals, publish a report on the progress made and
on the difficulties encountered in the implementation of the instrument.
Child advocacy services should also be established.
 Law enforcement and other relevant personnel, of both sexes, should
be trained to respond to the special needs of young persons and
should be familiar with and use, to the maximum extent possible,
programs and referral possibilities for the diversion of young persons
from the justice system.

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 Legislation should be enacted and strictly enforced to protect children
and young persons from drug abuse and drug traffickers.

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REFORMATION AND REHABILITATION OF DELINQUENT AND
NEGLECTED JUVENILES

Individual Care Plan and Follow Up

Individual care plan is a comprehensive plan in order to restore juvenile’s

self-esteem, dignity and self-worth and nurture him into responsible
citizen. It is prepared by probation officer or voluntary organization on the
basis of interaction with the juveniles and the family.

Based on age and gender specific history of the juvenile.

(i) Health needs

(ii) Education and training
(iii) Leisure creativity and play
(iv) Attachments and relationships
(v) Protection from all kind of abuse
(vi) Social mainstreaming
30
(vii) Follow-up post-release and restoration

Within one month of his admittance the Officer-in-charge, counselor along

with the child welfare officer or case worker, or social worker shall
prepare an individual care plan for every child in an institution as per
form xxi

Restoration and Follow-up.―

The order for restoration of the juvenile or child is Be made by the Board or
Committee on the basis of a fair hearing of the juvenile or child and his
parents or guardian, as well as on the reports of the Probation Officers or
Child Welfare Officers or non-governmental organizations directed by the
Board or Committee to conduct the home study and any other relevant
document or report brought before the Board or Committee for deciding the
31
matter .

30
Rule 2 (h)
31
Rule 65

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The Board or Committee send a copy of the restoration order along with a
copy of the order for escort as per Form XXII to the District Child
Protection Unit or State Government who shall provide funds for restoration
of the juvenile or child.
Every restoration is planned for as part of the individual care plans prepared
by the case-workers or counselors or child welfare officers or probation
officer, as the case may be, and shall be based on the review and
recommendations of the Management Committee set up under rule 55 of
these rules.
Besides police, the Board or Committee seek collaboration with non-
governmental organizations to accompany juveniles or children back to their
family for restoration
In case of girls, the juvenile or child necessarily be accompanied by female
escorts.
The expenses incurred on restoration of a juvenile or child, including travel
and other incidental expenses, shall be borne by the District Child Protection
Unit or State Government.
When a juvenile or child expresses his unwillingness to be restored back to
the family, the Board or Committee makes a note of it in its records in
writing and such juvenile or child shall not be coerced or persuaded to go
back to the family, particularly if the social investigation report of the child
welfare officer or probation officer establishes that restoration to family may
not be in the best interest of the juvenile or child or, if the parents or
guardians refuse to accept the juvenile or child back.
A follow-up plan is prepared as part of the individual care plans by the
Child Welfare Officers or Probation Officers or non-governmental
organizations assigned by the Board or Committee to assist in restoration of
the child.
A quarterly follow-up report is submitted to the Board or Committee by the
concerned Child Welfare Officer or Probation Officer or non-governmental
organization for a period of two years with a copy to the officer-in-charge of
the institution from where the juvenile or child is restored.

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The follow-up report clearly states the situation of the juvenile or child post
restoration and the juveniles or child’s needs to be met by the State
Government in order to reduce further vulnerability of the juvenile or child.
The officer-in-charge files the follow-up report in the case-file of the juvenile
or child and place the report before the management committee set up
under rule 55 of these rules in its next meeting.
The officer-in-charge also sends a copy of the follow-up reports to the
District Child Protection Unit.
Where a follow-up is not possible due to unavailability of government
functionaries or nongovernmental organizations, the concerned District Child
Protection Unit shall provide necessary assistance and support to the
concerned Board or Committee.

Social Information Reports

Social inquiry reports (social reports or pre-sentence reports) are an

indispensable aid in most legal proceedings involving juveniles. The
competent authority should be informed of relevant facts about the juvenile,
such as social and family background, school career, educational
experiences, etc. For this purpose, some jurisdictions use special social
services or personnel attached to the court or board. Other personnel,
including probation officers, may serve the same function. The rule therefore
requires that adequate social services should be available to deliver social
inquiry reports of a qualified nature.

A report on a person and his or her circumstances, which may be required

by a court before sentencing and is made by a probation officer or a social
worker from a local authority social services department. Any information
shared should always be accurate, up to date, shared appropriately and
securely: only with the person or people who need to know and limited to
information relevant to purpose.

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If the child is found guilty of an offence or pleads guilty, it is likely the
magistrate will adjourn the matter for two to six weeks and request a
confidential background report be prepared for the child’s next appearance.

 If this happens, contact should be made with the juvenile justice office
nominated by the court as soon as possible.
 An officer from that office will then arrange to visit home and interview
parents and child.
 The officer will need to ask a number of questions about your child -
such as their education and work history, what they do in their spare
time, their friends and their offending behavior.
 It is important that child is open with the officer and discuss issues and
problems which are important in your lives at the moment and will affect
their future.
 This information will be put together in the form of a report and will
include recommendations on the sentencing of child.

Probation

Probation service originally started as a part of religious missionary service.

When courts discharged minor offenders conditionally on assurance of good
conduct, it was found that the offenders were more likely to conduct
themselves properly, if they were placed under the supervision of some
responsible person. As it was difficult to secure adequate number of
responsible persons willing to ‘supervise’ discharged offenders, courts
developed the practice of calling upon missionaries to supervise the
discharged offenders and give advice and help to them. Gradually the
supervision during probation was shifted from religious missionaries to
professional Probation Officers, as the emphasis shifted from ‘redeeming the
sinner’ to ‘advising, assisting and befriending the probationer’. Conceptually,
Probation Officers in their supervising capacity, endeavor to ‘improve the
position of the probationer by tendering advice, providing moral support and
identifying employment opportunities’.

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The skills and knowledge required to supervise adult offenders on probation
are completely different from the skills and understanding required for
supervising juveniles in conflict with law. A.E.Jones in ‘Juvenile Delinquency
& the Law’ (1945) succinctly defined the role of a Probation Officer in regard
to juveniles thus :- “……the relationship between the probation officer and the
probationer will have little value if it is regarded as a matter of carrying out
the terms of a contract for a certain period… The essential power of the
probation officer is in his personality; if he can inspire devotion in his
charge; if the probationer becomes filled with a genuine desire to gain his
approval; if the parents accept him unreservedly as a wise friend of the
family and profit by his suggestions on the upbringing of their offspring; if
the probationer does not look on him as a sort of policeman whose
watchfulness it is almost a point of honor to cheat; then the probation officer
may hope for a true success the probation officer can only cure delinquency
by effecting a change of heart either in the child or the parent.”

To discharge his duties effectively, a Probation Officer dealing with juveniles

should know the basics of juvenile justice law and criminal law as also
human and child psychology, and a broad knowledge about avenues of
educational, vocational and employment opportunities. He should be able to
‘talk’ to them to gain their confidence and respect. His supervision should be
a proper blend of discipline, patience, concern, understanding and
compassion. He should not treat juveniles in conflict with law as criminals.
Nor should he treat their problems, grievances, fears and needs with disdain
and cynicism, in a mechanical and routine manner. A Probation Officer
should always remember that a juvenile usually gets into a situation of
conflict with law on account of ignorance, illiteracy, penury, threats or undue
influence, which in turn, are the consequences of the greed, selfishness,
apathy, lust and depravity of adults – many a time the parents and
guardians. More often than not, a juvenile is unaware of the consequences
of his actions; he is hardened by the callous and harsh treatment meted out
by the adult world; and he is hardly in a position to distinguish right from
wrong. Many a juvenile being victims of physical and sexual abuse, suffer
from sexually transmitted diseases, physical ailments and mental disorders.

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Many develop fear psychosis or other abnormal behavior which may vary
from ‘violent and unsociable’ to ‘timid and withdrawn’.

Many become addicted to drugs and substance abuse, making them human
wrecks requiring special care and delicate handling. The Probation Officer’s
role is to persuade the juveniles in conflict with law learn to follow what is
good and healthy; to make them unlearn what is bad; and to wean them
away from corrupting habits and influences. In short, each Probation Officer
should be a social worker, disciplinarian, friend, guide, nurse, teacher and
mentor rolled into one. A daunting and difficult task indeed. That is why
Chief Justice Bhagwati observed two decades ago [in Sheela Barse vs.
Secretary, Children Aid Society -- AIR 1987 SC 656] that unless Probation
Officers remain motivated and observant, they will not be able to handle
juvenile related situations.

 Moving from general to specific, let us consider their role under

Juvenile Justice (Care and Protection of Children) Act, 2006 (‘Act’ for
short). It is as follows:

(i) When any juvenile is arrested and detained or appears or brought before
the Juvenile Justice Board (for short ‘Board’) in connection with an offence,
the Board may direct that such juvenile be released on bail or placed under
the supervision of a Probation Officer. [Section 12(1)]

(ii) When a juvenile is arrested, the concerned Police shall have to inform
the Probation Officer of such arrest, to enable him to obtain the information
regarding the antecedents and family background of the juvenile and other
material circumstances likely to be of assistance to the Board for making the
inquiry. [Section 13(b)]

(iii) Before passing a final order as to whether the juvenile has committed
an offence, the Board is required to obtain the social investigation report on
the juvenile through a Probation Officer (or a recognized voluntary
organization or otherwise) and take into consideration the findings of such
report. [Section 15(1) and (2)]

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 (iv) When the Board finds that the juvenile has committed an offence, it
may, while passing the final order, make an order that the juvenile in
conflict with law, shall remain under the supervision of a Probation Officer
during a period not exceeding three years (subject to such conditions as it
deems necessary to impose for due supervision of such juvenile) – [Section
15(1) (d, e, f) and (3)

The Act also enables the state government to make rules providing for the
preparation of a report by the Probation Officer in respect of each juvenile
prior to his discharge from a special home regarding the necessity and
nature of after-care

The general duties of a Probation Officer are enumerated in section 14 of

the Probation of Offenders Act, 1958. They are : (a) to enquire into the
circumstances or home surroundings of the accused, and submit reports to
assist the court in determining the most suitable method of dealing with the
accused; (b) to supervise persons placed under his supervision, and where
necessary, endeavor to find them suitable employment; (c) advise and assist
the offenders in payment of compensation or costs; and (d) advise and
assist in such cases and in such manner as may be prescribed, persons
who have been released on probation of good conduct. The duties, functions
and responsibilities of Probation Officers with reference to supervision of
Juveniles are enumerated in Rule 87 of the Central Juvenile Justice Rules
2007.

Thus the two significant roles of a Probation Officer under the juvenile
justice system can be summarized thus:

 Investigation, that is obtaining information regarding the antecedents

and family background of the juvenile and other material
circumstances to assist the Board in making the inquiry, preparing a
social investigation report on the juvenile to be taken into
consideration by the Board while passing a final order in respect of
the juvenile, and preparing further report regarding the necessity,
nature and period of after-care, when the juvenile is discharged from
the Special Home.

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 And
 Supervision, that is supervising a juvenile, either pending inquiry by
the Board, or on a final order being passed by the Board on finding
that the juvenile has committed an offence, or after the juvenile is
discharged from the Special Home.

The Act is intended to provide for the care, protection, treatment,

development and rehabilitation of neglected and delinquent juveniles and
make the juvenile justice system more appreciative of, and responsive to the
developmental needs of the juvenile, as compared to the normal criminal
justice system applicable to adults. It is reformative and not punitive. It even
carefully avoids use of words associated with criminals and criminal justice
system. Under the Act, a juvenile is not brought before a ‘Magistrate or
Judge’, but before a ‘Juvenile Justice Board’. The Act does not provide for
‘convicting’ and ‘sentencing’ a juvenile on being found ‘guilty’ of an offence,
but provides for passing a ‘final order’ when the Board finds that a juvenile
has committed an offence. It does not refer to an offender as an ‘accused’
or ‘convict’ but refers to him as a ‘juvenile in conflict with law’.

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CONSTITUTIONAL PROVISION

After Independence, the constitutional provisions have inspired the

developments in the field of juvenile justice. Part III and Part IV9 which deal
with Fundamental Rights and Directive Principles of state Policy respectively
contain some special provisions with respect to children.

 Article 15 (3): Permits the State to make special provisions for

children and women
 Article 23: Prohibits the traffic in human beings and forced labor
 Article 24: Forbids the employment of children below the age of 14
years in factories, mines and other hazardous occupations
 Article 39 (e): Directs the State to safeguard the tender age of
children from entering into jobs unsuited to their age and strength
forced be economic necessity
 Article 39 (f): Directs the State to secure facilities for the healthy
development of children and to protect childhood and youth against
exploitation and moral and material abandonment.
 Article 45: Requires the State to provide free and compulsory
education to all children up to age of 14 years.
 Article 47: states it is the duty of the state to raise level of nutrition
and standard of living.

Parliament has enacted the 86th Constitutional amendment in 2002 and

made Right to Education a fundamental right.

CASE LAWS

In Gurpreet Singh v. State of Punjab, (2005) 12 SCC 615 one of the

appellants was a juvenile within the meaning of that expression occurring in
Section 2(h) of the Juvenile Justice Act, 1986. This Court held that if the
accused was a juvenile on the date of occurrence and continues to be so,
then in that event he would have to be sentenced to a juvenile home.

Bachpan Bachao Andolan v. Union of India (2011) 5 scc1 Supreme Court

first dealing with children working in Indian circuses - Employment of
children below 18 years in circuses, held, is unconstitutional and illegal -

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Central Government directed to issue notification prohibiting employment of
children/juveniles in circuses, conduct raids and liberate children/juveniles,
send them to protective homes and hand them over to their parents after
proper verification - State directed to frame proper scheme for rehabilitation
of rescued children from circuses - Secretary, Ministry of Human Resource
Development, Department of Women and Child Development directed to file
a comprehensive affidavit of compliance within ten weeks - Certain other
directions issued for coordinated action at the State level.

Hari Ram v. State of Rajasthan, (2009) 13 SCC 211 wherein the appellant
was held to be a juvenile on the date of commission of the offence. His
appeal against his conviction was allowed and the entire case remitted to
the Juvenile Justice Board for disposal in accordance with law.

In Daya Nand v. State of Haryana, (2011) 2 SCC 224 this Court followed
Hari Ram and directed the appellant to be produced before the Juvenile
Justice Board for passing appropriate orders in accordance with the
provisions of the Juvenile Justice (Care and Protection of Children) Act,
2000.

32
In Smt. Prabhati v. Emperor it was held that as far as possible such
young children should be released under the supervision and care of their
parents or guardians. The court must have clear evidence of the age of a
person before sending him/her to reformatory school. It was clarified that a
child could not be sent to a reformatory school unless an order of
33
institutionalization, that is, of imprisonment, was made .

34
In Umesh Chandra v State of Rajasthan a full bench of the Supreme
Court, too, held that the date of commission of offence as the relevant date
for applying the Children Act. It observed:
As regards the general applicability of the Act, we are clearly of the view
that the relevant date for the applicability of the Act is the date on which

32
AIR 1921 (Oudh) 190.
33
Nawab Dheru Gul v Emperor, AIR 1934
34
l982 Cri LJ 994.
35 However, this ruling of the court seems more an obiter than the dicta as it is not clear from the facts of the case whether this
point was an issue in the case

55 | P a g e
the offence takes place. Children Act was enacted to protect young children
from the consequences of their criminal acts on the footing that their mind
at that stage could not be said to be mature for imputing Mens Rea as in
the case of an adult. This being the intendment of the Act, a clear finding
has to be recorded that the relevant date for applicability of the Act is the
date on which the offence takes place. It is quite possible that by the time
the case comes up for trial, growing in age being an involuntary factor, the
child may have ceased to be a child. Therefore, ss. 3 and 26 become
necessary. Both the sections clearly point in the direction of the relevant
date for the applicability of the Act as the date of occurrence. We are
clearly of the view that the relevant date for the applicability of the Act so
far as the age of the accused who claims to be a child, is concerned, is the
35
date of the occurrence and not the date of the trial

36
In Malda Dada v. State of Gujarat it has been held by Gujarat High Court
that the word “attained” used in the J.J. Act of 1986 means ‘completed’.
Therefore, a boy who has not completed the age of sixteen years and a girl
who has not completed the age of eighteen years is a juvenile for the
purpose of The Juvenile Justice Act, 1986. In Gopinath Ghosh vs. State of
West Bengal37the Supreme Court even after noticing that the contention
about age of a convict claiming the benefit of Children Act was being raised
for the first time in the Supreme Court allowed the plea of child status being
raised before itself in the interest of justice and referred the matter to the
lower court for determination of the age. It observed:
Ordinarily the Supreme Court would be reluctant to entertain a contention
based on factual averments raised for the first time before it. However, the
court is equally reluctant to ignore, overlook or nullify' the beneficial
provisions of a very socially progressive statute by taking shield behind the
technicality of the contention being raised for the first time in the Supreme
Court.
38
In Jai Kishan @ Jaiki Vs. State of Haryana a juvenile who had not
completed eighteen years of age on the date of commission of the offence

35

36
36 Malda Dada v. State of Gujarat, I.L.R. (1972) Gujarat 326
37
Gopinath Ghosh v. State of West Bengal , 1984 Cri. L.J. 168 (SC
38
2010 (4) RCR (Criminal) 783

56 | P a g e
was also entitled to the benefits of the Juvenile Justice Act, 2000, as if the
provisions of Section 2 (k) had always been in existence even during the
operation of the Juvenile Justice Act, 1986. Appellant Jai Kishan alias Jaiki,
who was 17 years of age on the day of commission of the alleged offence,
i.e. 13.10.1997, was tried by the court of Sessions Judge, Rohtak for the
offence under Section 302 IPC, for committing the murder of Subhash, a co-
villager. The court of Additional Sessions Judge, Jhajjar, vide its judgment
dated 16.8.2001, convicted the appellant under Section 302 IPC. By the
time, the appellant was convicted and sentenced, the Juvenile Justice (Care
and Protection of Children) Act, 2000 had come into force. Under the
Juvenile Justice Act, 2000, a new definition of 'juvenile in conflict with law'
was introduced, which defined a juvenile who is alleged to have committed
an offence and has not completed eighteen year of age as on the date of
commission of such offence, whereas under the Juvenile Justice Act, 1986,
the upper age-limit for male children to be considered as juveniles was 16
years. On 13.2.1998, when the appellant was charge sheeted, he was 17
years of age, therefore, he was not treated as a 'juvenile' under the Juvenile
Justice Act, 1986, and he was tried by the regular criminal court and not by
the Juvenile Justice Board.
The court after considering Catena of authorities held the conviction of the
appellant recorded by the trial court vide judgment dated 16.8.2001, is
upheld. However, the order of sentence passed by the trial court on
18.8.2001 is hereby set aside. Since the appellant is already on bail,
therefore, there is no need to issue the release warrant.
39
In Jabar Singh vs. Dinesh & Anr. The appellant was father of Prahalad
Singh, alleged to have been murdered by the respondent no.1. Appeal was
against the order of the High Court of Rajasthan holding respondent no.1 to
be a juvenile on the date of commission of the offence and directing the
matter to be remitted for trial under the Juvenile Justice (Care and
Protection of Children) Act, 2000.
40
ln Lal Mohd. v. State, the revision was filed in the Delhi High Court
against the order of the Court of Sessions which declined to accept the
claim of the petitioner Lal Mohd to be treated as a juvenile. The High Court
39
39 air 2010 (2) RCR (Criminal) 309
40
Air 19 (2005) DLT 353

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after going through the evidence declined to interfere with the order of the
Courts below as there was no reliable material except the opinion of the
Medical Board because the school records were not properly maintained.
The school recorded the date of birth without any documentary proof relying
only on the statement of the father of the petitioner about the date of birth
of the petitioner. The court held that school record in this situation loses
much of its evidentiary value. The court relied on the opinion of the Medical
Board which opined that the petitioner was more than 21 years of age.

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Comparison with Other Countries

 The first special legislation for juveniles in India was enacted in

1850 with the Apprentice Act; requiring children aged 10 to 18
convicted in court to be given vocational training as part of their
rehabilitation.

The law relating to young people went through a number of

changes until the first Juvenile Justice Act, 1986, defined juveniles
as under 16 for boys and under 18 for girls. This act was criticized
by human rights activists because it put children who had committed
crime in reformatories alongside those who were neglected and in
need of care from the state.

In 2000, India raised its definition of a male juvenile to 16 from 18

under the Juvenile Justice Act. Doing so was part of the nation’s
obligations under the United Nations Convention on the Rights of
the Child, which it signed in 1992

 in U.K. and Wales, those below ten years cannot be charged with
crime, between the age of ten to eighteen, juveniles are to be tried
in Youth Courts without jury, and as to serious crimes like murder or
rape, their case starts in Youth Courts but is passed on to adult
Courts.
 In cases where a crime is too serious to be dealt with in the
juvenile justice system, or because the child is accused alongside
adult co-defendants, the trial can be transferred to adult courts in
the U.K.
 In most US states, children over 10 or 13 years of age can be tried
as adults for murder. There have been instances, in Florida, of 14-
year-olds being sentenced to life in jail without parole. In France, the
circumstances and personality of the juvenile is considered before
slapping criminal charges. 
 Activists have also criticized India’s juvenile laws for being too
lenient. The maximum punishment under the law, even for offenses
such as rape and murder, is three years’ confinement in a

59 | P a g e
 reformatory. In comparison, the maximum punishment for minors in
the U.K. and the U.S. is life imprisonment. Until 2005, minors could
also be sentenced to death in the U.S.
 In the Philippines, offenders up to the age of 21 are given more
lenient custodial sentences. In Germany, those over 18 but under 21
can be transferred from adult to youth courts. In India, offenders can
remain in youth reformatories after they have reached adulthood.
 At the other end of the scale, the minimum age of criminal
responsibility in India, the age at which children may be held
criminally responsible for alleged crimes, is seven. This is one of the
youngest worldwide. According to PRI’s 2013 report on justice for
children, Jordan, Lebanon, and Yemen also set criminal responsibility
at seven. In Pakistan, the minimum age is 12.
 UNICEF has called for the minimum age to be 13 worldwide. It says
the same age must apply regardless of the seriousness of the
offense.

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Juvenile Delinquency: Need For Special Emphasis

 Juveniles are to be viewed not as offenders but victims to their

peculiar circumstances which made them delinquent. Hence they
should not be intended to be eliminated from the society. As per the
popular norms of reformative theory of crime which is widely accepted
in almost all the nations, reformation of a person is of utmost
importance. And when, the person to be reformed is already a victim,
not an accused, the reformation and rehabilitation becomes all the
more important. As the juvenile has already suffered due to social,
economic and other circumstances, they should not be again put into
peril by way of punishment. All they need is reformation, which is only
possible by way of laying special emphasis on each juvenile and the
cause for his/her delinquency which varies from place to place of
situation to situation.

 Children are the founding stone of any given society. The burden of
carrying forward the norms of the society lies on them. Hence it
becomes all the more important to bestow more values in them and
strive for their proper conditioning. It is therefore inappropriate to shun
them from the society, labeling them as criminals. What is required is
a system of checks and balance on activities to mould them back into
what is called as ‘responsible human beings’. And for that purpose it
is necessary to study the circumstances which made them delinquent
so that they can be put under the appropriate circumstances, amidst a
community.

 Delinquents are those who have fallen prey to their circumstances at

a very tender age. Most of them may not even be fully aware of the
nature and consequences of their acts. So it is not proper to punish
them for what they may not even be aware or even if they are then
they probably were compelled due to the circumstances.

 Changing the social environment in which juveniles live is a more

effective way to reduce juvenile violence than punishing juvenile
offenders in adult courts. Keeping the juvenile offenders with the

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 hardened criminals would endanger their future more as there is a
strong likelihood that they would be bullied and troubled by them.
Moreover the adult criminals may influence their mind and lessen the
chance of reformation by making them learn new techniques and
tactics of crime commission.

 If a child becomes a delinquent, it is a failure on the part of the

society as it has an utmost important responsibility to nurture each
child with values and make him/her a good human being. If the
society fails in doing so it is unfair to punish the delinquent child for it
as if the child had received proper upbringing he/she would have not
been a delinquent.

 Many times boys steal clothes or watches or eatables not because

they are in need of these things but for recreation, for attaining status,
41
for enjoyment and many times just for fun . If stealing is not
motivated by rational utilitarian considerations, crime does not remain
crime. Therefore, it cannot be said that child and adult are the
practitioners of the same trade. The younger delinquents must be
distinguished from the adult criminals because the juvenile has not yet
developed, like the adult offender. They are therefore likely to respond
to a mental and psychological therapy which tries to understand them

 Once punished, they may not be reformed as punishment suffered in

early years of life would make a lasting impact. Juveniles, unlike
adults, are more prone to emotional (irrational) behavior and are much
less likely to think through all their actions. Thus, even if penalties are
harsher, they have no significant impact.

 Almost all youth, even those who have made serious mistakes, can
become productive members of our communities, if we provide the
necessary support, structure and supervision. Owing to their young
age they stand a higher chance of reformation and can be molded in
a better way into a responsible human being.

41
Supra note 13

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 One of the foremost reasons for laying emphasis on factors of juvenile
delinquency is to find out if the person is actually in need of
reformation and entitled to be tried as a juvenile. Many a time
offenders try to shield themselves under the guise of being a juvenile
and take pride in their criminal activities. Unless and until we do not
look into the continuous circumstances that made the person
delinquent we would not be able to judge if the person is actually a
victim to the circumstances.

 One of the important aspects of Indian criminal justice system is

Human Rights. The principle behind protecting the human rights is that
even if a person is accused of the gravest crime, he/she does not
cease to be a human being and it is the human dignity which should
be respected the most. Hence it is very important to provide proper
opportunities as of reformation well as protection to the juvenile
offender otherwise there would be a gross violation of human rights.

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