CHAPTER - IV

PROCEDURE TO BE FOLLOWED FOR REHABILITATION AND

SOCIAL RE- INTEGRATION OF THE CHILDREN

INTRODUCTION

Crimes committed by children have always been the concern of almost every society.
Because of the immature and innocent approach of children, they are more prone to absorb
their surroundings and often lack the knowledge of the consequences of their actions. Due to
this factor only, it has always been believed that children should be dispensed with justice
differently than the adults, who have a reasonable knowledge of their actions. Re-habilitation
means the process of restoring someone (such as a criminal) to a useful and constructive
place in society1 whereas Re-integration means the action or process of integrating someone
back
into society.2

These two processes are considered to be the most effective ways to cope up with the
children in conflict with the law. There are various factors, legislations, conventions,
procedures setup to confront. Such situations affecting the children’s overall development
and to find effective measures to chisel out children into responsible citizens in order to have
a crime-free society. But in spite of having all these measures, it seems that cases of Juvenile
Delinquency are rising at an alarming rate.3

4.1) CONCEPT Of REHABILITATION, SOCIAL INTEGRATION,

SOCIAL REINTEGRATION

4.1.1)CONCEPT OF REHABILITATION

Studies indicate that the most effective way to find constructive solutions to
involvement of children in activities that violate a law is to involve children in the process of
rehabilitation and not to consider them as merely ‘trouble makers’ or ‘problem children’ in

1 www.merriam-webster.com/dictionary/rehabilitation

2 www.lexico.com/definition/reintegration

3 https://bnwjournal.com/2020/05/24/procedure-of-rehabilitation-and-social-reintegration-of-children/
need of punishment. Recognition of and respect for their rights as human being and as a child
is an important first step in this direction.

Thus Juvenile justice has made a departure from the criminal justice model of
punishment recognizing the negative influence of association with adult offenders and the
higher possibility of reformation of children being in the growing age where their capacities
are still being built and developed. Juvenile Justice adopted the path of reformation of
children found to have committed an offence through various community based
reformative and rehabilitative measures and using institutionalization as a measure of last
resort and for the
minimum period till suitable community based alternatives are found for them.

4.1.2) CONCEPT OF SOCIAL INTEGRATION

Social integration is the process during which newcomers or minorities are incorporated
into the social structure of the host society.

Social integration, together with economic integration and identity integration, are three
main dimensions of a newcomers' experiences in the society that is receiving them.

A higher extent of social integration contributes to a closer social distance between

groups and more consistent values and practices. Bringing together various ethnic groups
irrespective of language, caste, creed, etc., without losing one's identity. It gives access to all
areas of community life and eliminates segregation.

In a broader view, social integration is a dynamic and structured process in which all
members participate in dialogue to achieve and maintain peaceful social relations. Social
integration does not mean forced assimilation. Social integration is focused on the need to
move toward a safe, stable and just society by mending conditions of social conflict,
social disintegration, social exclusion, social fragmentation, exclusion and polarization,
and by expanding and strengthening conditions of social integration towards peaceful social
relations
of coexistence, collaboration and cohesion.4

4 https://en.wikipedia.org/wiki/Social_integration
4.1.3) CONCEPT OF SOCIAL RE-INTEGRATION

a) A process through which a person who has been imprisoned gains freedom and returns
to live among other members of the society.

b) A process whereby a person who has acquired the status of a combatant during a war
returns to civilian life and is recognised by others as a member of the society.
c) The process of personal change when someone experience freedom from prison.5

4.2) JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015.

The JJ Act 2015 caters to the basic needs of children through proper care, protection,
development, treatment, social re-integration, by adopting a child-friendly approach and
disposal of matters in the best interest of children and for their rehabilitation through process
provided andinstitutions and bodies established under the Act. The JJ Act has also
categorized
offences committed by children into three categories as listed below:

1. Heinous offences is defined under Section 2 (33) as “heinous offences” includes the
offences for which the minimum punishment under the Indian Penal Code or any other law
for the time being in force is imprisonment for seven years or more;

2. Petty offences is defined under Section 2 (45) as “petty offences” includes the offences for
which the maximum punishment under the Indian Penal Code or any other law for the time
being in force is imprisonment up to three years;

3. Serious offences is defined under Section 2 (54) as “serious offences” includes the offences
for which the punishment under the Indian Penal Code or any other law for the time being in
force, is imprisonment between three to seven years;

With the passage of the JJ Act, 2015, the possibility of children between the ages of
16 and 18 years being tried as adults for heinous offences has arisen. This means that a
separate set of reform and rehabilitation measures will have to betaken for such children.
Further, it is
important to identify the parameters on which the level of reformation of a child offender
who

https://www.advocatekhoj.com/library/bareacts/juvenilejustice/39.php?Title=Juvenile%20Justice&STitle=Proc ess
%20of%20rehabilitation%20and%20social%20re-integration
has, committed heinous offence, will be assessed, so as to minimize the element of bias or
prejudice, after the child has attained the age of 21 years. The Act also focuses on restorative
justice practices that are different from criminal justice practices.

Section 18. ( 1) of the JJ Act, 2015 states “ Where a Board is satisfied on inquiry that
a child irrespective of age has committed a petty offence, or a serious offence, or a child
below the age of sixteen years has committed a heinous offence, then, notwithstanding
anything contrary contained in any other law for the time being in force, and based on the
nature of offence, specific need for supervision or intervention, circumstances as brought out
in the social
investigation report and past conduct of the child, the Board may, if it so thinks fit,—

a) allow the child togo home after advice or admonition by following appropriate
inquiry and counseling to such child and to his parents or the guardian;
b) direct the child to participate in group counseling and similar activities;
c) order the child to perform community service under the supervision of an organisation
or institution, or a specified person, persons or group of persons identified by the
Board;

d) order the child or parents or the guardian of the child to pay fine: Provided that, in
case the child is working, it may be ensured that the provisions of any labour law for
the time being in force are not violated;

e) direct the child to be released on probation of good conduct and placed under the care
of any parent, guardian or fit person, on such parent, guardian or fit person executing
a bond, with or without surety, as the Board may require, for the good behaviour and
child’swell-being for any period not exceeding three years;

f) direct the child to be released on probation of good conduct and placed under the care
and supervision of any fit facility for ensuring the good behaviour and child’s
wellbeing for any period not exceeding three years;

g) direct the child to be sent to a special home, for such period, not exceeding three
years, as it thinks fit, for providing reformative services including education,
skill development, counselling, behaviour modification therapy, and psychiatric
support during the period of stay in the special home: Provided that if the conduct and
behaviour of the child has been such that, it would not be in the child’s interest, or in
the interest of other children housed in a special home, the Board may send such child
to the place of safety.

(2) If an order is passed under clauses (a) to (g) of sub-section

(1), the Board may, in addition pass orders to—

i. attend school; or
ii. attend a vocational training centre; or
iii. attend a therapeutic centre; or

iv. prohibit the child from visiting, frequenting or appearing at a specified place; or v)
undergo a de-addiction programme.

(3) Where the Board after preliminary assessment under section 15 pass an order that there is
a need for trial of the said child as an adult, then the Board may order transfer of the trial of
the case to the Children’s Court having jurisdiction to try such offences There are two orders
listed at 1 and 2 in Section 18 mentioned above that are suitable for using restorative
practices and
long term rehabilitation

The process of rehabilitation includes a network of different professionals. These

professionals have to undertake this difficult task within a limited timeframe. All our strategic
interventions are aimed to improving the rehabilitation process for the children in conflict
with
law.

For successful rehabilitation and re-integration of children in conflict with law it

becomes necessary to develop a multi- dimensional approach. Prevention of juvenile crimes,
proper timely interventions can help strengthen the rehabilitation process. Focus should be
given on addressing all the needs of a child’s life: emotional, physical, relational, intellectual,
creative and spiritual. We must shift our attitudes from need based approach to rights based
approach while rehabilitating children in conflict with law.6

4.3) INDIAN LAWS

Indian Constitution and Legislation have many provisions in regard to the procedure of
Rehabilitation and Reintegration of children from pre-independence to present times. Let us
discuss these laws and their loopholes:

6 Journal of Emerging Technologies and Innovative Research (JETIR) February 2022, Volume 9, Issue 2 .
4.3.1)Constitutional Provisions:

The Constitution of India is the foundation of other laws in India. Fundamental Rights in Part
III and Directive Principles of State Policy in Part IV focus on the welfare of the state and
accordingly contain provisions. Some of these provisions in the Constitutional Law of India
are:

. Article 21A– Right to Free and compulsory education to all the children aged between
6 to 14 years of age.

. Article 24 – Right to be protected from any hazardous employment under the age of
14 years.

. Article 47 -Right to be provided with a proper Standard of living and Good Nutrition.

. Article 39 -Right to be protected from Human Trafficking and Forced Labor.

All these provisions have been taken into consideration while enacting Juvenile Justice Act,
2015. The welfare of children has been the main subject matter of the whole Act.

4.3.2) Legislative Provisions:

1. Indian Penal Code, 1860- Section 82 exempts the children below the age of 7 years
from the criminal liability, based on the fact that they are too young to know the
criminal nature of their act. While Section 83 exempts children between the ages of 7
to 12 years if they do not have sufficient knowledge of their act. Section 363A of IPC
protects children from the evil designs of the adults.

2. The Children Act, 1960- provides for the care, protection, education, welfare, and
rehabilitation of neglected and delinquent children. For the first time in India, any Act
strictly prohibited jail detention of children under any circumstances. However, it
included sex discriminatory definition of Child as, “boy is a child, below 16 years
while in case of girls it is below the age of 18 years. This definition was adopted
differently by every state.

3. Criminal Procedure Code, 1973 - Section 27 of the Code lays down that juveniles
below the age of v16 years, who have not committed the offense which is punishable
with death or imprisonment of life, will be tried by a court which is specially
 empowered under the Children Act. Or it can be dealt with by any other law for time
being in force which is providing for treatment, training, and rehabilitation of young
offenders. Section 437 of the Criminal Procedure Code lays down that a child in
conflict with law can apply for an Anticipatory Bail. Justice Narayana Pisharadi of
Kerala High Court held that the child in the conflict of law has all the rights to apply
for anticipatory bail and there is no bar on this by any provisions of Juvenile Justice
Act. The anticipatory Bail of a child in conflict with law is maintainable in the High
Court or the Court of Sessions.

4. Juvenile Justice Act, 1986- abolished detention of juveniles in police lock-up or jail
and specified two main authorities to deal with delinquent juveniles i.e. Juvenile
Welfare Board and Juvenile Court. It incorporated the welfare of state approach of
Constitution in it but there were many loopholes like in the terms of court
proceedings, age determination, separate trials, notification of charges to parents and
guardians, filing the reports by probation officer, rehabilitation, and aftercare of
children. There were hardly any provisions found regarding foster care, sponsorship,
adoption, etc. in the Act.

5. Juvenile Justice (Care and Protection of Children) Act, 2000- was modified in
coherence with CRC provisions and endorsed justice and rights approach. It brought
uniform definition and said that child is a person who has not completed 18 years of
age. It also contained provisions of counseling and ways the parents can prevent their
children from delinquency. This Act lacked a substantive and procedural process.

6. Juvenile Justice (Care and Protection of Children) (Amendment) Act, 2006- 2000
Act was amended to make it clear that juvenility would be considered from “the date

of commission offense” who have not completed the age of 18 years thus clarifying
ambiguities raised in Arnit Das vs State of Bihar[9]. In the amended Act it was also
clear that under any conditions, a juvenile in conflict with law should not be kept in a
police lockup or jail. Further it also specifies that the Chief Judicial Magistrate or the
Chief Metropolitan Magistrate has every right to review the pendency of cases in the
Board at every six months, and the child protection units should be set up in each and
every states and districts to check the implementation of the Act[10].
7. Juvenile Justice (Care and Protection of Children) (Amendment) Act, 2015- This
Act has been enacted keeping in view the changing trends of crime which have been
increased from the year 2010- 12 and has also been practically experienced in the year

2012 as Nirbhaya Rape Case in which Juvenile offender participated in the heinous
crime. Keeping in view the minds of children as well as the measures to deal with
grave crimes committed by Juveniles, this Act lays down an effective procedure
of Rehabilitation and Social Reintegration of children after being punished. Let us see
and read these sections in-depth:

o Section 4 - lays down the rule to constitute for every district one or more
juvenile justice boards for exercising the powers and discharging its functions
relating to children in conflict with the law. Aboard shall consist of judges
along with two social workers of whom one shall be a woman, who has been
actively involved in health, education, welfare activities of children, or
practicing professional degree in child psychology, psychiatry, sociology, or
law.

o Section 39- Process of Rehabilitation and Social Reintegration should be

based on the individual care plan of the child preferably through family-based
care such as by restoration to family or guardian with or without supervision
or sponsorship or adoption or foster care. Provided that siblings shall be kept
together as long as possible unless it is in the best interest to separate them.
The process shall be undertaken in observational homes if the child is not
released on bail or in special homes or places of safety or fit facility or with a
fit person.

o Section 40- The purpose of this Section is “restoration and protection of a

child” which means restoration to parents or guardians or adoptive parents or
foster parents or fit person. The prime objective of any children’s home,
specialized adoption agency, or open shelter shall be restoration and protection
of a child and shall take steps in the concerned directions. The process
should be undertaken only after determining the suitability of the parents or
guardian or fit person to whom the child is to be given and also give them
suitable directions.

o Section 41- makes it mandatory for any institution taking care of the child in
need and protection, must be registered under this Act, otherwise, it will be
penalized under section 42.
 o Section 43- deals with the establishment and maintenance of as many open
shelters as maybe required, by the State Government.

o Section 44- provides rule in regard to the foster care of children which is an
important aspect of the process of rehabilitation and social reintegration. This
includes sending a child to a foster family that does not include the child’s
biological or adoptive family, recognized as suitable for the purpose by State
Government for a short or extended period of time. The selection of foster
families depends upon the family’s intent,ability, capacity, and prior
experience of taking care of children. The responsibility of the foster family
includes taking care of the health, education, and nutrition of the child.
Monthly inspectionshall be conducted every month of the foster family.

o Section 45- includes the rules to be made for the purpose of understanding
various programs of sponsorship, such as individual sponsorship, group
sponsorship or community sponsorship. It also includes criteria for
sponsorship. These programs may provide medical, educational, and other
help to children’s homes, special homes, and families with a view to improve
the quality of life of children.

o Section 46- provides provisions for financially supporting the child who is
reintegrating into the mainstream of society whenever a child leaves the
rehabilitation homes after the completion of 18 years of age.

Other provisions regarding observation homes, special homes, places of safety, etc. are
contained from sections 47 to 55. Whereas provisions regarding Adoption which is
considered to be the important part of the rehabilitation and reintegration process included in
Chapter
VIII.7

7 https://bnwjournal.com/2020/05/24/procedure-of-rehabilitation-and-social-reintegration-of-children/
 4.4) PROCESS OF REHABILITATION AND SOCIAL INTEGRATION
JUEVENILE
JUSTICE ACT

The process of rehabilitation and social integration of children under this Act shall be
undertaken, based on the individual care plan of the child, preferably through family based
care such as by restoration to family or guardian with or without supervision or sponsorship,
or adoption or foster care: Provided that all efforts shall be made to keep siblings placed in
institutional or non-institutional care, together, unless it is in their best interest not to be kept
together.

For children in conflict with law the process of rehabilitation and social integration
shall be undertaken in the observation homes, if the child is not released on bail or in special
homes
or place of safety or fit facility or with a fit person, if placed there by the order of the Board.

The children in need of care and protection who are not placed in families for any
reason maybe placed in an institution registered for such children under this Act or with a fit
person or a fit facility, on a temporary or long-term basis, and the process of rehabilitation
and
social integration shall be undertaken wherever the child is so placed.

The Children in need of care and protection who are leaving institutional care or
children in conflict with law leaving special homes or place of safety on attaining eighteen
years of age, maybe provided financial support as specified in section 46, to help them to re-
integrate into the mainstream of the society.

4.4.1)Section 40 - Process of rehabilitation and social reintegration

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 the rehabilitation and social reintegration of children
shall be carried out alternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv)
sending the child to an after-care organisation.
4.4.2)Section 41 - Adoption

1. The primary responsibility for providing care and protection to children shall be that
of his family.

2. Adoption shall be resorted to for the rehabilitation of such children as are orphaned,
abandoned, neglected and abused through institutional and non-institutional methods.

3. 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.

4. The children’s homes or the State Government run institutions for orphans shall be
recognised as an adoption agency both for scrutiny and placement of such children for
adoption in accordance with the guidelines issued under sub-section (3).

5. No child shall be offered for adoption-

1. until two members of the Committee declare the child legally free for
placement in the case of abandoned children,

2. till the two months period for reconsideration by the parent is over in the case
of surrendered children, and

3. without his consent in the case of a child who can understand and express his
consent.

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

1. to a single parent, and

2. to parents to adopt a child of same sex irrespective of the number of living

biological sons or daughters.
4.4.3) Section 42 - Foster care

1. The foster care may be used for temporary placement of those infants who are
ultimately to be given for adoption.

2. In foster care, the child maybe 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.

3. The State Government may make rules for the purposes of carrying out the scheme of
foster care programme of children.

4.4.4) Section 43 - Sponsorship

1. The sponsorship programme may provide supplementary support to families, to

children’s homes and to special homes to meet medical, nutritional, educational and
other needs of the children with a view to improving their quality of life .

2. The State Government may make rules for the purposes of carrying out various
schemes of sponsorship of children, such as individual to individual
sponsorship, group sponsorship or community sponsorship.

4.4.5) Section 44 - After-care organization

The State Government may, by rules made under this Act, provide-

1. for the establishment or recognition of after-care organisations and the functions that
maybe performed by them under this Act;

2. for a scheme of after-care programme to be followed by such after-care organisations

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,
industrious and useful life;

3. 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;

4. for the standards and the nature of services to be maintained by such after-care
organisations;

5. for such other matters as maybe necessary for the purpose of carrying out the scheme
of after-care programme 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 organisation 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 organisation till he
attains the age of twenty years.

4.4.6) Section 45 - Linkages and co-ordination

The State Government may make rules to ensure effective linkages between various
governmental, non-governmental, corporate and other community agencies for facilitating the
rehabilitation and social reintegration of the child.8

4.5) REHABILITATION AND REINTEGRATION

The idea of preventing crime and delinquency is based on the premise that an ounce of
prevention is worth a pound of cure. The detection, prevention and rehabilitation form the
series of intervention essential for reducing the frequency and repetition of juvenile
delinquency. For this the primary prevention of delinquency includes action at the school and
community level through imparting social skills training, cognitive and behavioral self-
control strategies.9 The secondary prevention or rehabilitation focuses on the juvenile
delinquent and
his family or community. 10

8 https://devgan.in/jja/chapter_04.php#s45
9 Dolly Singh, Child Development Issues, Policies and Programmes, Kanishka Publishers, New Delhi, 1995 .
10 S.P. Srivastava, Juvenile Justice in India: Policy Programme and Prospective, Ajanta Publication, New Delhi,
1989.
 The recovery and social inclusion of children under the Act is performed on the basis
of the child’s individual care plan. It is done ideally by family-based treatment such as return
to the family or guardian with or without guidance or support, or adoption or foster care.
Provided that every attempt is made to retain the siblings placed together in institutional or
non-institutional care. Only if not being left together is in their best interests.

The method of rehabilitation and social integration is followed in observation homes

for children, contrary to the law. It happens usually when the child is not released on bail and
held there by the Board’s order in special homes or in a place of protection or with a suitable
individual. Section 39 specifies that children who need treatment and security who are not
kept in families for any reason as such, on a temporary or long-term basis, can be placed in an
institution licensed for such children or with a suitable individual or facility.

The rehabilitation and social integration process shall be followed wherever the child
is placed. Those in need of care and support and live in institutional care or in special homes
or places of security may receive financial assistance when they reach the age of eighteen as
stated in Section 46. This is to help them reintegrate into the mainstream. 11

4.5.1)Prevention

It is the first step towards the curbing delinquency. Delinquency is an evolutionary process as
the child starts his delinquent actsatan early stage which is evident in the form of petty
stealing, neglecting studies and gradually developing other notorious tendencies.
Observing such behaviours, teachers and family members should counsel such children. Also
prevention of delinquency includes averting delinquent behaviour by taking action in terms of
individual and environmental adjustments. It includes curing the factors responsible for
juvenile delinquency like improving family bonds, better adjustment in schools, provision
of educational and
recreational activities.12

11 https://blog.ipleaders.in/procedure-to-be-followed-for-rehabilitation-and-social-reintegration-of-the-
children/
12 S.L. Goel and R.K. Jain, Social Welfare Administration: Organisation and Working, Deep & Deep
Publications, New Delhi, 1989
4.5.2) Dealing

Police and Courts are the two major components of the criminal justice system. Police has a
more significant role to play in cases related to juveniles delinquents. 13 Participation of police
in cases concerning juveniles.((Such as the Central Children Act, 1960, the Prevention of
Beggary or Vagrancy Acts of some of the States, The Central Probation of Offenders Act
1958 and the Suppression of Immoral Traffic in Women and Girls Act, 1956)) For this
juvenile police units with special training must be setup who will help in discovering
delinquents and
pre-delinquents.

4.5.3) Treatment

Modification of delinquent behaviour is one of the basic purposes of the correctional

institutions. The Juvenile Justice (Care and Protection for Children) Act, 2000 gives special
attention to the children who are in a situation of social maladjustment. The Act provides for
the constitution of the Board ((The State Government has been authorised to constitute for a
district or a group of districts one or more Juvenile Boards for exercising the powers and
discharging the duties, conferred or imposed on such Boards in relation to Juveniles in
conflict with the law under this act. The Board shall consist of a Metropolitan Magistrate or a
Judicial Magistrate of the first class, as the case maybe, and two social workers of whom at
least one shall be a woman; Section 4, the Juvenile Justice (Care and Protection of Children)
Act, 2000)) that will hold the inquiry and may make such order as it deems fit.((Section 14,
the Juvenile Justice (Care and Protection of Children) Act, 2000)) The juveniles maybe kept
in observation homes((Section 8, the Juvenile Justice (Care and Protection of Children) Act,
2000)) where juvenile is provided accommodation, maintenance and facilities for medical
examination and treatment apart from informal education and moral teaching. State
Governments have been empowered to establish and maintain special homes ((Section 9, the
Juvenile Justice (Care and Protection of Children) Act, 2000)) in every district for the
reception and rehabilitation of juvenile in conflict with law. In case of the child in need of
care and protection, the State Governments have been empowered to constitute a Child
Welfare Committees ((Section 29, the Juvenile Justice (Care and Protection of Children) Act,
2000)) for every district. 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

13 K. Kusum, Juvenile Delinquency – A Socio Legal Study, KLM Book House, New Delhi, 1979 .
 protection of human rights. ((Section 31(1), the Juvenile Justice (Care and Protection of
Children) Act, 2000))

4.6) PROCESS OF REHABILITATION AND REINTEGRATION

4.6.1) Registration of childcare institutions

Without considering anything found in any other laws for the time being in effect, all
organizations, whether operated by a State Government or voluntary or non-governmental
organizations have to accommodate children in need of care and security. These
organizations have to be registered in compliance with the act, within a period of six months
from the date of commencement of the same Act, regardless of whether or not it receives
grants from the
Central or State Government.

These institutions should have valid registration under the Juvenile Justice Act. The State
Government has to assess and record the institution’s ability and function at the time of
registration and register the institution as a Children’s Home, Open Shelter, Specialized
Adoption Agency, observation home, special home, or as a place of protection.

Upon receiving a request for registration of an established or new institution housing children
in need of care and security, the State Government may grant provisional registration for a
maximum duration of six months. The government has to grant this within one month from
the
date of acceptance of the request, to bring such an institution under the purview of this Act.

The provisional registration shall stand cancelled if the said institution does not fulfil the
prescribed criteria for registration. In a situation, when the State Government does not issue a
tentative certificate of registration within one month from the date of application, the proof of
receipt of the application for registration can be treated as an interim registration for the
purpose of running an institution which may extend up to a period of six months. If the
officers of the State Government do not dispose of the application for registration within
six months, necessary departmental proceedings are instituted about the same.Section
41specifies that the registration period of an institution is till five years, and gets renewed
after every five years. The State Government may cancel or withhold the registration of
institutions that do not provide rehabilitation and reintegration services as stated in
Section 53and the State
Government shall manage the institution until it is renewed or granted registration again.
The licensed childcare institutions have the duty to accept children, subject to the institution’s
ability as directed by the Committee, whether or not they obtain grants from the Central
Government or the State Government. Inspection committee appointed pursuant toSection
54shall have the power to inspect any institution that houses children, even if not registered
for the purpose of deciding whether such institution houses children in need of care and
security
or not.

4.6.2) Penalty for non-registration

Section 42provides that any individual or persons in control of an institution that houses
children in need of care and in conflict with the law if they do not adhere the provisions of
subparagraph (1) of Section 41, they shall be punished with imprisonment for a period of one
year or a fine of not less than one lakh rupee or both. Given that every 30 days delay in

registering is deemed as a separate offence.

4.6.3) Open shelter

The State Government may create and maintain as many open shelters as maybe necessary as
mentioned in Section 43, by itself or by voluntary or non-governmental organizations, and
such open shelters have to be registered as such in the manner specified. The open shelters
operate on a short-term basis as a community-based facility for children in need of
residential assistance with the goal of shielding them from violence or holding them away
from life on the streets. The open shelters have to submit reports to the District Child
Protection Unit and the Committee every month, in the manner specified, concerning children
who have benefited from
the shelter services.14

4.6.4) Foster

Children in need of support and security maybe taken into foster care, including community
care by order of the Committee, after following the protocol as maybe recommended in this
regard, especially in a family which does not include the biological or adoptive parents of the

14 https://blog.ipleaders.in/procedure-to-be-followed-for-rehabilitation-and-social-reintegration-of-the-
children/
child or in an unrelated family recognized by the State Government as appropriate for this
purpose.

This can be for the short term or can be extended further by the concerned authorities as
prescribed bySection 44. The allocation of the foster family is centred on the capacity,
purpose, skill, and previous experience of taking care of the children. All efforts shall be
made to hold

siblings in foster care together unless it is best for them not to be together.

The State Government also provides monthly financial support for such foster care through
the District Child Protection Unit and also inspects to ascertain the well-being of the children.
If the children were placed in foster care because their parents were found to be incompetent
or unfit by the Committee, the parents of the child may visit the child in the foster home at
frequent
intervals, unless the committee feels that such interactions aren’t in the child’s best interest.

The foster parents are responsible for supplying the child with schooling, safety, and
nutrition, and are responsible for maintaining the child’s general well-being in the manner
prescribed. In order to determine the process, conditions, and manner in which foster care
services have to be
given for children, the State Government can make rules regarding the same.

The Committee will perform the inspection of foster families each month to ensure the
child’s well-being, and if a foster family is found to be failing in childcare, the child shall be
removed from that foster family and transferred to another. Although, a child cannot be given
for long-
term foster care.15

4.6.5) Sponsorship

In order to implement various initiatives for the sponsorship of children, such as individual,
group, or community sponsorship, the State Government can make rules to facilitate them as
mentioned inSection 45. The sponsorship will provide financial resources for families,
children’s homes, and special homes in order to meet the children’s medical, nutritional,
educational, and other needs in order to enhance their well-being.
15 Ibid.
The sponsorship conditions include:

. where the mother is a widow, divorced or deserted by the family;

. where the children are orphaned and stay with the extended family;

. where the parents are victims of life-threatening illness;

. where the parents are injured as a result of an accident and are unable to take care
of the children physically and financially.

4.6.6)Observation homes

The State Government may create and maintain observation homes as prescribed by Section
47, for the temporary admission, treatment, and rehabilitation of any child alleged to be in

conflict with the law in each district or group of districts, either by itself or by voluntary or
non-governmental organizations, during the time period in which inquiry is pending.

If the State Government considers that any designated institution other than a home founded
or maintained is suitable for the temporary reception of a child that institution maybe
registered as an observation home. Through rules laid down in this Act, the State Government
must provide for the management and monitoring of observation homes, including the
requirements and different types of services to be given through them for the rehabilitation
and social integration of a child. A child who is not put under parental or guardian’s care and
sent to an observation home shall be separated as per their gender and age, after giving due
consideration
to the physical and mental health of the child and also to the degree of the offence committed.

4.6.7) Special homes

Section 48specifies that the State Government must create and maintain, either on its own or

through voluntary or non-governmental organizations, special homes registered in any district

or group of districts as these maybe necessary for the rehabilitation of those who are found to
have committed an offence and who is held there by the order from the Juvenile Justice
Board

(Section 18).
Through the law, the State Government will have to provide for the administration and
supervision of special homes, including the requirements and different kinds of services that
are required for a child’s social reintegration, and the conditions and the manner in which, the
registration of a special home maybe authorized or revoked. The State Government can also
provide for the classification and differentiation of children on the grounds of their age,
gender,
the severity of the offence they had committed, and the mental and physical health of the
child.

4.6.8) Place of safety

According toSection 49, the State Government shall create atleast one place of protection in
a State registered under section 41 to locate an individual over the age of 18 years or a child
who is between 17 and 18 years of age and is suspected or guilty of having committed a
heinous crime. Every place of safety must provide various arrangements and amenities for
these children or individuals to reside throughout the investigation process, and also for those
who are convicted of committing an offence. State government may specify the kinds of
places that may be approved as a place of protection and the facilities and services which may
be given
therein.

4.6.9) Fit facility

A facility operated by a public agency or a charitable or non-profit entity licensed under any
statute shall be accepted by the Board or the Committee as being capable of temporarily
assuming the responsibility of a child for the particular reason after a careful inquiry into the

suitability of the facility and the childcare agency as mentioned in Section 51.
4.6.10)Managing Directors

Every institution shall have a management committee to be set up in the manner specified
inSection 53, to administer the institution and track the progress of each child. The officer in
charge of each institution, housing children over the age of six, shall encourage the
establishment of children’s committees to engage in such activities as maybe specified, for
the
health and well-being of children in the institution.
4.6.11) Inspection of registered institutions

The State Government shall appoint inspection committees for the State and districts
as prescribed bySection 54, for those institutions registered or recognized to befit under this
Act. Such inspection committees shall undertake compulsory visits to all facilities housing
children in the area designated, at least once in every three months, in a group that at least
consists of
three members, including one who shall be a woman and one of them shall be a medical
officer.

The committee shall send reports of such visits to the District Child Protection Units or the
State Governor within one week of their visit. After the inspection committee submits the
report, the District Child Protection Unit has to take appropriate measures within one month,
and a compliance report has to be submitted to the State Government.16

CONCLUSION

Even after all these legislations and amendments, there are so many issues in the Indian trials
of Juveniles, like many juveniles are found in adult jails, after the process is complete in
observational homes children are not taken proper care of because of the huge population of
India. Justice Verma Committee report made various recommendations, for example, the
states should not be given so much power in regard to the laws of Juvenile Delinquency,
rather
procedures laid down by International conventions and Cr.P.C. should be followed.

The reformative approach should be applied to punitive one and the importance of
psychological study by Juvenile Justice Board members was emphasized. Other measures
which can betaken from grass root level like parental control on children, understanding
child’s psychology by parents, teachers and guardians, environmental control, etc. can
become the effective way to eradicate this evil from the society as well as from the innocent
minds of
children.

16 Ibid.