The Juvenile Justice Act 2000 received the assent of the President of India on 30th December 2000. The Act provides for the care, protection, treatment, development and rehabilitation of neglected and delinquent children and also spells out the machinery and infrastructure required for this. The JJ Act 1986 has been repealed. Some of the provisions of the JJ Act 2000 have been amended through the Juvenile Justice (Care and Protection Of Children) Amendment Act 2006, which received the assent of the President of India on 22nd August 2006.
The department has already taken the following initiatives for Implementing the Juvenile Justice (Care and Protection Of Children) Amendment Act 2006:
- Delhi Juvenile Justice Care and Protection Rules 2002 have been notified on August 19, 2002 u/s 68 of this Act.
- One Juvenile Justice Board as per Section 4 of JJ Act 2000 has been notified on 10/4/2003 vide notification no. F.61 (SC)/DO-I/DSW/2003-04/3709-727. After the completion of the term of the Juvenile Justice Board for three years a fresh notification dated 10/4/2006 has been issued.
- Four Child Welfare Committees have been notified u/s 29 of the Act. The offices of the Committees are located at Kasturaba Niketan Lajpat Nagar, Nirmal Chhaya Jail Road, Sewa Kutir Kingsway Camp & NPS Mayur Vihar.
- Three Observation Homes have been notified u/s 8 of the Act for the Juveniles in conflict with law. One of the Observation Homes at Delhi Gate is being managed by an NGO, Prayas, under an agreement with State Govt. One Observation Home u/s 8(1) for boys is being run by the State Govt. at Sewa Kutir, Kingsway Camp & one special Home U/s 9(1) is being run at 1 Magzine Road, Delhi and Observation Home for Girls is being run at Nirmal Chaya Complex, Jail Road, Delhi.
- a) Eleven Children Homes have been established by the Govt. for the care and protection of the children during pendency of inquiry and subsequently for their care, protection, education, development and rehabilitation vide notification no. F.61 (NOH)/DO-I/DSW/2002/5218-236 dated 10/6/2003 u/s 66 and 56 of JJ Act 2000. In these Homes apart from boarding and lodging the children are provided vocational training, recreation and counseling facilities which is required for their emotional, social and psychological development. b) Out of these eleven Homes, three are exclusively for the mentally challenged children. In the case of girls, after attaining the age of 18 and if they are not restored, they are sent to After Care Institution for their rehabilitation and when marriage is possible to be arranged, the same is also organized.
- Ten District level Visiting Committees have been constituted vide notification no. F.61 (NOH)/DO-I/DSW/2002/5358 dated 12/6/2003 for all the Districts to inspect the Children Homes advise and guide for their improvement and development.
- Six Homes run by NGOs have been notified as Shelter Homes to provide immediate care and protection to the children in need of care and protection.
- Eleven NGOs are recognized as Adoption Agencies. Foster care services are carried out by the Department itself. The department is also managing two After Care Homes; one for Girls at Nirmal Chaya Complex, Jail Road and another for Boys at Narela, Delhi.
- JJ Fund u/s 61 has been created recently with a corpus of Rs. 10 Lacs. This fund shall be administered by the State Level Advisory Board which has been notified u/s 62 of the Act vide Notification no. 61(AB)/DO-I/DSW/2002/11901-956 dated 24/12/2003 for a period of three years.
It is incumbent upon the deptt. to provide a child friendly environment and also ensure rehabilitation of children in conflict with law and those requiring protection and care by providing vocational training and restoration to the family .The proposed vocations are in Electronic Trade (TV repairing), Electric Trade ( House Wiring etc.), Mechanical Trade (Auto Repair etc.), Stenography, Typing/Computer, cutting and tailoring, phone repairing ,DTP, candle making and plumbing etc.
The Act contemplates two distinct kinds of proceedings against the different categories of children. The JJ Board has powers to deal exclusively with all proceedings relating to juveniles in conflict with law, and child welfare committees have the final authority to dispose of the 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 rights. Though one JJ Board and four CWCs are already functioning but regular posts and necessary infrastructure has not yet been created .The salary of the Pr. Magistrate is being drawn against the post of Dy. Director (Technical) in the scale of Rs 10,000-15,200. The ministerial staff posted there is on diverted capacity from other sections of the deptt. The honorarium of the members of CWCs is being paid from the budget of Probation Services.
Future Plan Of Action Under Implementation Of Juvenile Justice (Care And Protection Of Children) Act 2000
- Identification of Sites and purchase of suitable Land in 9 Districts for creation of Observation Homes, Special Home, Children Homes, JJ Boards, Child Welfare Committees, Place of safety and After Care Homes.
- Construction of Buildings for Observation Homes, Special Home, Children Homes, JJ Boards, Child Welfare Committees, Place of safety.
- Expenses on salaries, Honorarium of members of JJ Board, CWC, their staff and manpower required for the all the statutory Homes.
- Expenses on purchase of Vehicle & Ambulance, office equipments, computerization, furniture / fixtures, stationery items, electricity, water charges, telephones charges, day-to-day maintenance charges and Conveyance charges.
- Expenses on food, clothing, education, vocational training, medical care, rewards /awards, sports materials, security etc.
2007-08: Identification and purchase of sites and Construction of New Observation Homes. Improvement / renovation of existing Observation Homes, special Home and of existing JJ Board. Creation of posts for O.H.Bs, special Homes, places of safety, WCW and JJBs etc.
2008-09: Construction and operation of New Observation Homes, Special Home, Place of Safety and Children Home.
2009-10: Creation of new Juvenile Justice Board, Child Welfare Committee in the new set up of OHB, Special Home and Place of Safety and Children Home. The operationlization of the new OHBs and JJBs will be subject to the need assessment.