A HANDBOOK FOR THE STAKEHOLDRES

First Edition : March, 2010

ON
,)Copyright : Association for Development (AFD
WORKING WITH CHILDREN March, 2010
IN NEED OF CARE & PROTECTION
AND CHILDREN IN CONFLICT All rights reserved

WITH LAW
: Disclaimer
Despite our best efforts in compiling the handbook,
there may be imperfections or limitations. Mistakes, if any, are
.unintentional and AFD regrets any inconvenience caused

For Crime Victims Kiran Print’N’Pack, Delhi : Printed by

Ph. : 9810559239

PRATIDHI
A collaborative Society of Delhi Police( -/Rs. 200
:Price
and
)Association For Development

Published by : Association for Development

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 CONTENTS

.Pg. No Contents .S. No

2-1 Child & Child Rights 1

Existing provisions related to children under the 2
7-3 Constitution of India and the Indian Penal Code
14 - 8 Children in need of care & protection 3
28 - 15 Children in conflict with law 4
31 - 29 Child labour 5
34 - 32 Bonded Child labour 6
36 - 35 Child abuse 7
40 - 37 Child trafficking 8
Annexures 9
Prohibited occupations and : Annexure I
43 - 41 processes in child labour
List of child line agencies : Annexure II
44 run by NGOs
Details of Child Welfare : Annexure III
45 Committees in Delhi
Details of Juvenile Justice Boards : Annexure IV
in Delhi
46
Delhi Juvenile Justice Rules, 2009 under : Annexure V
69 - 47 Juvenile Justice Act, 2000
Circular of Delhi Police Regarding : Annexure VI
70 Handling of Street Children
Standard Operating Procedures in : Annexure VII
Child Labour cases
71
72 List of District Labour Departments : Annexure VIII
Delhi High Court Guidelines on : Annexure IX
75 - 73 working with Child Rape Cases
Guidelines of National Human Rights : Annexure X
90 - 76 .Commission on child related issues
List of Recognized Institutions : Annexure XI
94 - 91 .run by NGO’s
 Preface
Acknowledgement
Pratidhi has been working with children in need of care and
protection since the year of its inception -1996. Initially it was only restricted Sincere thanks are due
to providing counselling, legal, economic and other required assistance to to Christian Aid for the financial
the child victims of sexual assault referred by police. Further, the programme support provided in publishing this
was expanded by deputing trained social workers at New Delhi and Old
Delhi Railway Stations (Platforms) to reach out to missing, abandoned, run
.manual
away, trafficked and other children in difficult circumstances. This was done We sincerely thank Mrs.
in collaboration with Government and Railway Police (GRP), and children
received were produced before Child Welfare Committees as per provisions
Bharti Ali, Co- Director, HAQ :
of the Juvenile Justice (Care and Protection of Children) Act, 2000. While Centre for Child Rights for her
collaborating with police special attention was given to the fact that police .sincere and valuable additions
officials understood the spirit of the Juvenile Justice Act and followed it.
This approach has worked satisfactorily and many police personnel have We also appreciate Shri
.been sensitized in the process M.M. Vidyarthi, Member, DCP-
Our main focus has been on restoration and rehabilitation of CR , Ex-member, Child Welfare
children in close coordination with the Juvenile Justice System. During Committee and Chief functionory
the year 2006, Pratidhi started rescue of children engaged in prohibited
occupations and processess. So far children have been rescued and action
“Samarth”, and Shri Om Prakash,
taken under the provisions of the Child Labour (Prohibition and Regulation) Labour Officer, Deptt. of Labour,
.Act, 1986 or the Bonded Labour (Abolition) Act, 1976 Govt. of Delhi for their suggestions
Further, in the year 2008, we started working with Juveniles in and inputs in providing relevant
conflict with law in JJB - I & II located at Kingsway Camp and Delhi Gate. information. Finally, without the
We have also started social work intervention in Alipur children’s home for
.improving the quality of services
sincere efforts and hard work of
The above mentioned work experience has enabled us to learn Mrs. Sabhyata Arora, Senior Pro-
about and understand the functioning of the statutory authorities and han- gramme Officer and Yogesh Ku-
dling of children by them at various levels. It has also helped us identify mar, Programme Officer, Pratidhi,
.gaps in the system which affect the rights and rehabilitation of children this entire exercise would not have
Keeping in view the above, we have developed this handbook which
covers basic legal information required for handling children by police,
.been possible
CWC, JJB and NGOs. Also main provisions of the Delhi Juvenile Justice
Rules, 2009 and other valuable information like NHRC Guidelines, Stand-
ing Orders, Circulars issued by various agencies etc. are provided in this
.book
We sincerely hope that this hand book will be useful for all the
stakeholders who are working with children in need of care and protection
.and children in conflict with law

)Raaj Mangal Prasad( )Raaj Mangal Prasad(

President President
Association For Development Association For Development
 CHAPTER - I
CHILD AND CHILD RIGHTS
Right to survival •

According to the Convention the Right to Survival includes the right to life,
the highest attainable standard of health, nutrition and an adequate standard
of living. It also includes the right to a name and a nationality. These rights
?Who is a child .Q seek to ensure that children have nutritious food, potable drinking water, a
.secure home and access to health facilities
:The definition of a child varies under different statutes .A

The Juvenile Justice (Care & Protection of Children) • Right to Protection •

Act, 2000 : defines “juvenile” or “child” as a person who has not
.completed 18 years of age
The Indian Majority Act, 1875 : A person is deemed to
.have attained majority on completion of 18 years
The Child Marriage Restraint Act, 1929 : “child” means
a person who, if a male has not completed twenty one years of
.age , and if a female , has not completed eighteen years of age
The Child Labour (Prohibition and Regulation) Act,
1986: “Child” means a person who has not completed his 14 years
.of age
The Immoral Traffic (Prevention) Act, 1956 : defines
.“child” as a person who has not completed 16 years of age
According to the Convention this right includes freedom from all forms of
exploitation, abuse and inhuman or degrading treatment. This includes the
.Right to special protection in situations of emergency or armed conflict
•
Right to development •
The right includes right to be educated, to receive support for development
• and care during earily childhood and to social security. It also includes the
.right to leisure, to recreation and to cultural activities
Right to participation •
• According to the Convention, the Right to Participation accords the child ac-
cess to appropriate information and the freedom of thought and ex-
pression, conscience and religion. The aim here is to see the children are
able to develop their own sets of value and principles and that they have
•
.the opportunity to express themselves and their opinions

The Convention on the Right of the Child : states that •

.a child is every human being below 18 years

?What is UNCRC .Q

The General Assembly of the United Nations has adopted .A

the Convention on Rights of the Child i.e. The United Nations
Convention on Rights of the Child was adopted by the UN General
Assembly on 20th Nov. 1989. It defines child as a person below 18
years. The UNCRC is guided by the principles of Best Interest of the
Child, non discrimination and respect for the views of children. India
has also accepted this convention in 1992. There are prominently
.four rights enshrined in nearly 42 articles in the UNCRC 1989

?What are the Rights for children .Q

:There are four sets of Rights for children which are listed as follows .A
:

2 1
 CHAPTER - II
EXISTING PROVISIONS RELATED TO CHILDREN UNDER THE CON-
STITUTION OF INDIA AND THE INDIAN PENAL CODE
?What are the provisions for children in our Constitution
:The provisions related to children in our Constitution are
Article 15(3): Special provisions may be made by the state
.for women and children
Article 21 : No person shall be deprived of his life or personal
.liberty except according to procedure established by law
Article 21A : Free and compulsory education for all children of
.the age of 6 to 14 years
aArticle 23 : Prohibits trafficking in human beings and forced l
.bour
Article 24: Prohibits the employment of a child below
the age of 14 years to work in any factory or mine or in any other
.hazardous employment
Article 39: Requires the state, in particular, to direct its
:policy towards securing
That the health and strength of workers, men and women, and )e
tender age of children are not abused and that the citizens are not
forced by economic necessity to enter avocations unsuited to their
.age or strength
That children are given opportunities and facilities to develop in a )f
healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
.moral or material abandonment
Article 45 : State shall endeavour to provide early childhood care
.and education to all children upto six years
Article 350 A : Every state and local authority shall endeavor to
provide children belonging to linguistic minority groups adequate
facilities for instruction in their mother tongue at the primary
stage
.of education
What are the sections of Indian Penal Code (IPC) related to .Q
?children
Sec. 82 - Act of a child under 7 years of age—Nothing •
.Q .is an offence which is done by a child under seven years of age
.A Sec 83 - Act of a child above seven and under twelve •
•
of immature understanding—Nothing is an offence which is
done by a child above seven years of age and under twelve who
has not attained sufficient maturity or understanding to judge the
•
.nature and consequences of his conduct at that time
rSec 292 & 293 - selling of obscene material to any pe •
•
son under the age of 20 years —These sections deal with the sell-
ing, distribution, publishing and circulation of obscene material such
as books, magazines, drawings, paintings etc. The commission
•
of such act amounts to an offence punishable with imprisonment
which may extend to 3 years and fine. Any subsequent conviction
for the same offence is punishable with imprisonment for a term
.which may extend to 7 years and fine
•
Sec. 305 - Abetment of suicide of child or insane •
person—If any person under eighteen years of age, any insane
person, any delirious person, any idiot, or any person in a state of
• intoxication, commits suicide, whoever abets the commission of
such suicide, shall be punished with death or imprisonment of life
or imprisonment for a term not exceeding ten years and shall also
.be liable to fine
Sec. 317 - Exposure and abandonment of child under •
twelve years, by parent or person having care of it —Whoever
being the father or mother of a child under the age of twelve years,
or having the care of such child, shall expose or leave such child in
any place with the intention of wholly abandoning such child, shall
be punished with imprisonment of either description for a term
.which may extend to seven years, or with fine, or with both
•
nSec. 354 - Assault or criminal force to women with i •
tent to outrage her modesty—Whoever assaults or uses criminal
force on any woman, intending to outrage or knowing it to be likely
•
that he will thereby outrage her modesty, shall be punishable with
imprisonment of either description for a term which may extend to
.two years, or with fine, or with both
Sec. 359 - Kidnapping—Kidnapping is of two kinds : •
4 3
Kidnapping from India and Kidnapping from lawful guardianship
oSec. 361 - Kidnapping from lawful guardianship. —Wh
ever takes or entices any minor under 16 years of age if a male, or
under 18 years of age if a female, or any person of unsound mind
, out of the keeping of the lawful guardian of such minor or person
of unsound mind, without the consent of such guardian is said
to kidnap such minor or person from lawful guardianship. This
offence is punishable with imprisonment which may extend to 7
.years and fine
rSec. 363A - Kidnapping or maiming a minor for pu
pose of begging— (1) Whoever kidnaps any minor or, not being
the lawful guardian of a minor , obtains the custody of a
minor , in order that such minor may be employed or used for the
purpose of begging shall be punishable with imprisonment of either
description for a term which may extend to ten years and shall also
.be liable to fine
Whoever maims any minor in order that such minor )2(
can be employed or use for the purpose of begging shall be
punishable with imprisonment for life and shall also be liable to
.fine
Whenever any person, not being the lawful guardian )3(
of a minor, employs or uses such minor for the purposes of beg-
ging , it shall be presumed, unless the contrary is proved, that he
kidnapped or otherwise obtained the custody of that minor in
order that the minor might be employed or used for the purpose of
begging. Minor means in case of male under sixteen and female
.under eighteen years of age
Sec. 366A - Procuration of minor girl—Whoever, by
any means whatsoever, induces any minor girl under the age of
eighteen years to go from any place or to do any act with intent
that such girl may be, or knowing that it is likely that she will be,
forced or seduced to illicit intercourse with another person shall be
punishable with imprisonment which may extend to ten years,
.and shall also be liable to fine
Sec. 366B - Importation of girl from foreign country.
— Whoever imports into India from any country outside India
or from the State of Jammu and Kashmir any girl under the age of
twenty-one years with intent that she may be, or knowing it to be
likely that she will be, forced or seduced to illicit intercourse with
another person, shall be punishable with imprisonment which may
.extend to ten years and shall also be liable to fine
•
Sec. 369 - Kidnapping or abducting child under ten •
years with intent to steal from its person.—Whoever kidnaps or
abducts any child under the age of ten years with the intention of
taking dishonestly any movable property from the person of
such child, shall be punished with imprisonment of either descrip-
tion for a term which may extend to seven years, and shall also be
.liable to fine
•
Sec. 372 - Selling minor for purposes of prostitution, •
etc. —Whoever sells, lets to hire, or otherwise disposes of any
person under the age of eighteen years with intent that such person
shall at any age be employed or used for the purpose of prostitution
or illicit intercourse with any person or for any unlawful and immoral
purpose, or knowing it to be likely that such person will at any age
be employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to
.ten years, and shall be liable to fine
Sec. 373 - Buying minor for purposes of prostitution, •
etc.—Whoever buys, hires or otherwise obtains possession of
any person under the age of eighteen years with intent that such
person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlaw-
ful and immoral purpose, of knowing it to be likely that such
person will at any age be employed or used for any purpose, shall
be punished with imprisonment of either description for a term
•
.which may extend to ten years, and shall also be liable to fine
rSec. 374 - Unlawful Compulsory Labour—Where a pe •
son unlawfully compels another person to labour against the
will of that person, shall be punished with imprisonment of either
.description for a term which may extend to one year or with both
•
Sec. 375 - Rape—A man is said to commit “rape” who, •
except in the case hereinafter excepted, has sexual intercourse
with a woman under circumstances falling under any of the six
- :following descriptions
.Firstly—Against her will
.Secondly –Without her consent
6 5
Thirdly—With her consent, when her consent has been
obtained by putting her or any person in whom she is interested in

Sec. 377 - Unnatural offences—Whoever voluntarily has •

.fear of death or of hurt carnal intercourse against order of nature with any man, woman
or wild animal shall be punished with imprisonment for life, or with
Fourthly—With her consent, when the man knows that imprisonment of either description for a term which may extend to
he is not her husband, and that her consent is given because she .ten years, and shall be liable to fine
believes that he is another man to whom she is or believes herself
.to be lawfully married

Fifthly—With her consent, when, at the time of giving such

consent, by reason of unsoundness of mind or intoxication or
the administration by him personally or through another
of any stupefying or unwholesome substance, she is unable
to understand the nature and consequences of that to which she
.gives consent

Sixthly —With or without her consent, when she is under

.sixteen years of age

Explanation—Penetration is sufficient to constitute the

.sexual intercourse necessary for the offence of rape

Exception.—Sexual intercourse by a man with his own

].wife, the wife not being under fifteen years of age, is not rape

eSec. 376C - Intercourse by superintendent of jail, r •

mand home, etc.—Whoever, being the superintendent or manager
of a jail, remand home or other place of custody established
by or under any law for the time being in force or of a woman’s or
children’s institution, takes advantage of his official posi-
tion and induces or seduces any female inmate into such sexual
intercourse not amounting to the offence of rape, shall be
punished with imprisonment of either description for a term
.which may extend to five years and shall also be liable to fine

Explanation 1. — “Superintendent” in relation to jail, remand

home or other place of custody or a women’s or children’s institu-
tion includes a person holding any other office in such jail, remand
home, place or institution by virtue of which he can exercise any
.authority or control over its inmates

Explanation 2. —The expression ”women’s and children’s

institution ” shall have the same meaning as in Explanation 2 to
]sub section (2) of section 376

8 7
 Yes, the begging child falls in the category of child in need .A
CHAPTER - III .of care & protection
CHILDREN IN NEED OF CARE & PROTECTION What should one do if one finds a child in need of care .Q
?and protection
?Q. Who is a Child in Need of Care and Protection One should produce the child in need of care and protection .A
before the Child Welfare Committee (CWC) under whose jurisdic-
-Child in Need of Care and Protection” means a child“ .A .tion the case would fall
Who is found without any home or settled place or abode )i(
;and without any ostensible means of subsistence Who can produce a child before the Child Welfare .Q
?Committee
Who is found begging, or who is either a street child or a )ia( Any child in need of care and protection may be produced before .A
;working child -the committee by one of the following persons
gany police officer or special juvenile police unit or a desi )i(
Who resides with a person (whether a guardian of the child )ii(
;nated police officer
or not) and such person-(a) has threatened to kill or injure the child
and there is a reasonable likelihood of the threat being carried out, ;any public servant )ii(
or (b) has killed, abused or neglected some other child or children
and there is a reasonable likelihood of child in question being killed, child line, a registered vountary organization or by such )iii(
;abused or neglected by that person other voluntary organization or an agency as may be recog-
;nized by the State Government
Who are mentally or physically challenged or ill children )iii(
or children suffering from terminal diseases or incurable diseases any social worker or a public spirited citizen; or )iv(
;having no one to support or look after
.by the child himself )v(
Who has a parent or guardian and such parent or guardian )iv(
;is unfit or incapacitated to exercise control over the child In what time, a child should be produced before the .Q
?CWC
Who does not have parents and no one is willing to take )v(
care of or whose parents have abandoned him or who is missing A child shall be produced before the committee without any .A
and run away child and whose parents can’t be found after reason- loss of time but within a period of twenty—four hours excluding the
;able inquiry .time necessary for the journey
Who is being or likely to be grossly abused, tortured or )vi(
?Who are the members of CWC .Q
;exploited for the purpose of sexual abuse or illegal acts
The committee shall consist of a chairperson and four other .A
Who is found vulnerable and is likely to be inducted into )vii( members as the state government may think fit to appoint, of whom
;drug abuse or trafficking at least one shall be a woman and another, an expert on matters
.concerning children
Who is being or is likely to be abused for unconscionable )viii(
;gains ?Is it mandatory to produce children before the CWC .Q
According to the Juvenile Justice (Care and Protection . A
Who is a victim of any armed conflict, civil commotion or )ix( of Children) Act, 2000 and J.J. Rules 2007 of Govt. of India, it is
.natural calamity .mandatory to produce children before the CWC

Who is responsible for transportation of children once ,Q

Does the begging child fall in the category of child in .Q ?they are produced before the CWC
?need of care and protection Once the child is produced before the CWC it is a respon� .A

10 9
.sibility of the state to provide transportation for the child
?If the CWC is not sitting, what should be done .Q
The child may be produced before an individual member by .A
contacting the member at his/her residence when the CWC is not
.sitting
What happens to these children once they are pro� .Q
?duced before the CWC
After the child is produced before the committee, an enquiry .A
.has to be conducted within four months
What decisions are likely to be taken by the CWC for .Q
?a child
The committee shall have the final authority to dispose of .A
cases for the care, protection, treatment, development and reha-
bilitation of the children as well as to provide for their basic needs
.and protection of human rights
?In what ways can a child be rehabilitated .Q
Rehabilitation and social reintegration of children can be .A
done alternatively through (i) adoption (ii) foster care (iii) sponsor-
.ship and (iv) sending the child to an after-care organization
If a child hails from a place outside the jurisdiction of .Q
?a CWC, what is the provision for it
If during the inquiry it is found the child hails from a place .A
outside the jurisdiction of the committee, the committee shall order
the transfer of the child to the competent authority having jurisdic-
.tion over the place of residence of the child
?How can a child be restored .Q
The committee shall have the power to restore any child in .A
need of care and protection to his parents, adopted parents, foster
parents, guardian, fit person or fit institution ,as the case may be
.and give them suitable directions
How are Children’s Homes different from Shelter .Q
?Homes
Children’s Homes have been set up for reception of children .A
who have to be housed for a long term as they do not have any
support system, while the shelter homes can function as temporary
shelters or drop-in centres for the children in need of urgent and
.immediate support
?Who can be offered for adoption under the Act .Q
Under the Act, the children can be given in adoption in .A
cases where the child is orphaned, abandoned, surrendered. The
Act authorizes the Child Welfare Committee to declare the child
.legally free for adoption
What are the legal requirements that have to be com� .Q
pleted before a child is offered for adoption
Before a child is given in adoption, two members of the .A
committee need to declare the child legally free for placement, and
the two months time for reconsideration by the parents is allowed
and the consent of the child, in cases where the child is in a posi-
.tion to understand the implications, has been taken
When an Abandoned child is to be given in adoption, a
specialized adoption agency is required to declare before the Child
Welfare Committee that there has been no claimant for the child and
that the due process has been followed in the 60 day time period
.to trace the guardian of the child; if any
pOnce such a declaration has been submitted by the ado
tion agency and the child has been produced before the Child
Welfare committee, the CWC, in turn will make an enquiry into
this matter and once satisfied; shall declare the child legally free
.and to be given in Adoption
What is the process of rehabilitation for a child under .Q
?foster care
Foster care may be used for temporary placement of those .A
infants who are ultimately to be given for adoption. Also the child
may be placed in another family for a short or extended period of
time. Eventually after rehabilitation, the child may return to his/
.her home
LEGAL PROVISIONS RELATED TO CHILD IN NEED OF CARE
AND PROTECTION UNDER THE JUVENILE JUSTICE ACT,
2000
- Sec. 29 - Child Welfare Committee
The State government may, by notification in the Official )1(
Gazette, constitute for every district or group of districts, specified
in the notification, one or more Child Welfare Committees for
exercising the powers and for discharge of the duties conferred
on such Committees in relation to children in need of care and
.protection under this Act
The Committee shall consist of a Chairperson and four )2(
other members the State Government may think fit to appoint,
of whom at least one shall be a woman and another, an expert on
12 11
 .matters concerning children
The qualification of the chairperson and member, and the )3(
tenure for which they may be appointed shall be such as may be
.prescribed
The appointment of any member of the Committee may be )4(
terminated, after holding 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 offence involving moral turpitude,
and such conviction has not been reversed or he has not been
granted full pardon in respect of such offence; (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 )5(
and shall have the powers conferred by the Code of Criminal Pro-
cedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the
.case may be, a Judicial Magistrate of the first class
- Sec. 30 - Procedure, etc., in relation to the Committee
The Committee shall meet at such times and shall observe )1(
such rules of procedure in regard to the transaction of business at
.its meeting, as may be prescribed
A child in need of care and protection may be produced )2(
before an individual member for being placed in safe custody or
.otherwise when the Committee is not in session
mIn the event of any difference of opinion among the me )3(
bers 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
tSubject to the provisions of sub-section (1), the Commi )4(
tee 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
- Sec. 31 - Power of the Committee
The Committee shall have the final authority to dispose of )1(
cases for the care, protection, treatment, development and reha-
bilitation of the children as well as to provide for their basic needs
.and protection of human rights
Where a Committee has been consitituted for any area, )2(
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
with all proceeedings under this Act relating to children in need of
.care and protection
- Sec. 32 - Production before the Committee
Any child in need of care and protection may be produced )1(
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 (v) by the child himself
The State Government may make rules consistent with )2(
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 a children’s home pending the inquiry
- Sec. 33 - Inquiry
On receipt of a report under section 32, the Committee or )1(
any police or special juvenile police unit or the designated police
officer shall hold an inquiry in the prescribed manner and the Com-
mittee, on its own or on the report from any person 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
The inquiry under this section shall be completed within )2(
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 persons recorded
.in writing, determine
After the completion of the inquiry if the Committee is of )3(
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
- Sec. 34 - Children’s home
The State Government may establish and maintain either )1(
by itself or in association with voluntary organizations, children’s
homes, in every district or group of districts, as the case may be,
for the reception of child in need of care and protection during
the pendency of any inquiry and subsequently for their care, treat-
.ment, education, training, development and rehabilitation
The State Government may, by rules made under this )2(
Act, provide for the management of children’s homes including the
14 13
 standards and the nature of 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
-Sec. 35 - Inspection
The State Government may appoint inspection committees )1(
for the children’s homes (hereinafter referred to as to 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
The inspection committee of a State, district or of a city )2(
shall consist of such number of representatives from the
State Government, local authority, Committee, voluntary
organizations and such other medical expert and social workers
.as may be prescribed
be, shall take such steps as are considered necessary for the res-
toration and protection of 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 cae may
.be
The Committee shall have the powers to restore any child )3(
in need of care and protection to his parent, guardian, fit person or
fit institution, as the case may be, and give them suitable
directions. Explantion. - For the purposes of this section restoration
of child means restoration to- (a) parents; (b) adopted parents; (c)
.foster parent

- Sec. 36 - Social auditing

iThe Central Government or State Government may mon
tor and evaluate the functioning of the Children’s homes at
such period and through such persons and institutions as may be
.specified by that Govt
- Sec. 37 - Shelter homes
The State Government may recognize reputed and capable )1(
voluntary organizations and provide them assistance to set up and
adiminster as many shelter homes for juveniles or children as may
.be required
The shelter homes referred in sub-section (1) shall function )2(
as drop-in-centres for the children in 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
iAs far as possible, the shelter homes shall have such facil )3(
.ties as may be prescribed by the rules

- Sec. 38 - Transfer
If during the inquiry it is found that the child hails from the )1(
place outside the jurisdiction of the Committee, the Committee shall
order the transfer of the child to the competent authority having
.jurisdiction over the place of residence of the child
Such juvenile or the child shall be escorted by the staff of )2(
.the home in which he is lodged originally
The State Government may make rules to provide for the )3(
.traveling allowance to be paid to the child

- Sec. 39 - Restoration
Restoration of and protection to a child shall be the prime )1(
.objective of any children’s home or shelter home
The children’s home or a shelter home, as the case may )2(

16 15
 CHAPTER - IV
CHILD IN CONFLICT WITH LAW
?Who is a juvenile in conflict with law .Q
Juvenile in conflict with law” means a Juvenile who is al�“ .A
leged to have committed an offence and has not completed eigh-
.teenth year of age as on the date of commission of such offence
If you see a child who is in conflict with law what would
?you do
If one sees a child in conflict with law we should immediately
.inform the police
What should happen once a child is apprehended by .Q
?the Police
Any child apprehended by the police should be handed .A
over to the Special Juvenile Police Unit (SJPU) or the Designated
.)Police Officer (known as the Juvenile Welfare Officer
Can the police detain a child in conflict with law? For
?how long
No child in conflict with law can be detained in a police
station, the police have to immediately hand over the child to the
special police unit or any designated police officer. This officer must
immediately report the matter to the Juvenile Justice Board and
.place the child in an observation home
?What is SJPU
SJPU or the Special Juvenile Police Unit is a unit of the
police at the district level for handling matters concerning juveniles
.and also children in need of care and protection
:SJPU must consist of
A Designated Inspector Rank Police Officer
Two Social Workers, of whom at least one should be a
woman. Where social workers are not provided by the concerned
State Department, the Police can seek support of local NGOs
.working in this area
Whom should the police inform about apprehension
?of a juvenile
Whenever a juvenile is apprehended by the police, the
:police must inform the following persons immediately
The parents/guardians of the juvenile
The Probation Officer •
Who shall produce a juvenile before the Juvenile Jus� .Q
?tice Board and by when
A designated police officer known as the Juvenile Welfare .A
Officer should produce a juvenile before the Juvenile Justice Board
immediately, but not later than 24 hours. This excludes the time
.taken for the journey to the Board
Is the police supposed to produce all juveniles before .Q
.Q ?the Juvenile Justice Board
No. Only juveniles alleged to have committed an offence .A
.A punishable with a sentence of seven or more years have to neces-
.sarily be produced before the Juvenile Justice Board
In cases involving juveniles alleged to have committed an
offence punishable with a sentence of less than seven years, the
police is not required to produce the juvenile before the Juvenile
Justice Board, unless it is necessary to do so in the interest of the
juvenile or as per the order of the Board. This will depend on the
.circumstances of each case
.Q What are the specific circumstances where the police .Q
?may or may not produce a juvenile before the Board
.A Only in cases involving punishment of less than seven years .A
the police can use some discretion to produce a juvenile before the
Board, provided that the production of the juvenile is in his/her best
interest. Following are a few circumstances exemplifying what the
:police is required to do in such cases
Where the juvenile’s parents/guardians are available, the
.Q police should hand over the juvenile to his/her parents/guardians
.A on a ‘pabandinama’, requiring the parents/guardians to produce
the juvenile before the Juvenile Justice Board as and when the
Board may require, on a later date. The concerned police officer
will have to inform the parents/guardians about the date on which
· .the juvenile may be called for production before the Board
·
Where the juvenile has no one to claim guardianship, he/
she may be produced before the Board immediately, but not later
than 24 hours. The police will then have to take appropriate orders
.from the Board regarding the custody of the juvenile
.Q In some cases, such as cases involving petty offences,
where the juvenile has come in conflict with law for the first time, the
.A police may just leave the juvenile on advice and need not produce
.the juvenile before the Board at all
•
18 17

Should the police file an FIR in all cases involving .Q
?juveniles
No. In matters involving juveniles, the police is required to .A
file an FIR only when the offence alleged to have been commit-
ted by the juvenile is punishable with a sentence of seven or
more years, or where the offence involves adult(s) along with the
.juveniles
What should the police do if a child is apprehended for .Q
a crime that is punishable by a sentence of less than seven
?years
In such cases the police should not file a FIR. These are .A
cases where only a DD entry is supposed to be made by the po-
.lice
After making the DD entry, the police is required to prepare
a social background report of the juvenile, a report stating the cir-
cumstances of the alleged offence, a report about recovery of any
stolen articles from the juvenile, age proof and such other relevant
.documents
The DD entry should be submitted to the Juvenile Justice
.Board at the earliest, preferably within 24 hours
mThe Social Background Report, and Report of the circu
stances of the alleged offence as well as apprehension (if any), will
.have to be produced before the Board before the first hearing
What should the police do if a child is apprehended .Q
for a crime that is punishable by a sentence of seven years or
?more
In such cases the juvenile will have to be produced before .A
the Board immediately. The time taken in production of the juvenile
before the Board should not exceed 24 hours, excluding the time
.taken for journey to the Board
Information to the juvenile’s parents/guardians and the
probation officer must follow immediately after apprehension of
.the juvenile
An FIR will have to be necessarily filed as offences liable
.for punishment of seven or more years are heinous offences
Medical examination of the juvenile should follow the
.FIR
As in all cases, the police will have to submit a SBR in
.these cases too at the time of first hearing before the Board
Such cases will proceed through normal inquiry of the
.Board
?)What is a Social Background Report (SBR .Q
A Social Background Report (SBR) is a report prepared by .A
the designated police officer about the social and economic
condition of the juvenile found or apprehended by the police and
.his family
A SBR has to be prepared by the police for every juvenile,
irrespective of whether the alleged offence committed by the ju-
venile is punishable with a sentence of less than seven years or
.more
:It shall include information about the following
,Number of Family Members •
,Occupation •
,Monthly Income •
,Literacy levels •
,Status of child’s education •
Any information about the child’s day-to-day activities that
.may be collected from the child or his/her family
The list is not exhaustive. However, great care needs to
.be taken in the preparation of a social background report
Do’s and Dont’s for preparation of a SBR
The police should not be in uniform while making any visits
.to the juvenile’s home/family/neighbourhood
As far as possible, all information for the SBR should be
.collected from the juvenile and his/her family members only
While talking to neighbours, there should be no specific
mention about the case in which the juvenile is alleged to have
.been involved
The SBR meant to be prepared by the police is not the
same as the SIR (Social Investigation Report) that the Probation
.Officers are required to prepare
Where should the police keep the apprehended juve� .Q
niles before being produced in front of the Juvenile Justice
?Board
Apprehended juveniles cannot be kept in a police lock-up .A
.or jails
Till such time that a juvenile can be produced before the
Board, the police shall hand over the juvenile to the SJPU or the
designated police officer (JWO). The juvenile may be kept in an
observation home or if that is not possible, then in a room in the
police station in the presence of his/her parents/guardians or the
social worker members of the SJPU until then. In case of a girl,
.a female police officer must be present
In a situation where the Board is not sitting and it is not
20 19
possible to produce the juvenile before the Board within 24 hours,
the police should obtain an order from any Member of the Juvenile
.Justice Board to place the juvenile in an observation home
If a member of the Board is also not available to make an
order in this regard, the police should produce the juvenile before an
appropriate Magistrate on duty explaining the circumstances and
seek an order for placement of the juvenile in an observation home
.till such time that he/she can be produced before the Board
?Where should a juvenile be kept pending inquiry .Q
Observation homes’ are meant to keep juveniles pending‘ .A
.inquiry
A juvenile who has been sent to an observation home must
initially be kept in a reception unit of such home. Once the inquiry
has been made as to his/her age, his/her physical and mental
status, and the nature of the offence committed, the juvenile can
.then be admitted into the observation home
What should be the period of inquiry in cases involving .Q
?juveniles
The Board shall complete its inquiry within a period of four .A
months, unless there are reasons due to which the inquiry cannot be
completed within this time. The Board shall put those reasons in
.writing explicitly
If a matter is to be treated in the best interest of the child,
as a summons case, the period of inquiry should not be prolonged.
However, there may be some circumstances where extension of
the period of inquiry is unavoidable. In that case, this period may be
extended by the Board, with reasons for extension clearly recorded
.in writing
What documents shall the Board rely upon for complet� .Q
?ing its inquiry
Every inquiry of the Board will have to rely on the follow� .A
:ing
Determination of age of the alleged juvenile · SS 2264
FIR, Social Background Report and such other investigation ·
reports submitted by the police, including the police inquiry report
(known as charge sheet in the criminal procedure code followed
)for adult accused
Social Investigation report of the Probation Officer
What evidence should the Board rely upon for age .Q
?determination
The appearance of the person alleged to have come in .A
conflict with law should itself determine the course and nature of
proceedings till such time that any documentary proof of age or
medical test report is available to determine the age and decide
.on the nature of proceedings
In order to determine whether the person brought before
the Board is indeed a juvenile, the Board will rely upon the following
:evidence
The person’s birth certificate •
Entry in the school register at the time of admission •
High school mark sheets •
The Board can ask medical experts to give their opinion •
as to the age of the accused
An X-ray bone-ossification test, dental examination etc. as •
.conducted by a medical board duly constituted in every hospital
However, while examining evidence such as an entry in the
school register at the time of admission, the Board will see whether
there were any irregularities in maintaining the register, and will
.check how reliable a source it is
The Supreme Court has also said that too much reliance
cannot be placed on medical jurisprudence and toxicology while
determining the age of an individual. This is because in a country
as vast as ours with varied latitude, height, environment, vegeta-
tion, and nutrition, there cannot be uniformity in height and weight
of people everywhere [Ram Deo Chauhan vs. State of Assam AIR
.]2001 SC 2331
What if the accused person’s exact age cannot be .Q
?determined
The Board has the authority to grant the benefit of doubt to .A
the accused and declare him/her a juvenile in cases where the age
margin is too close to determine whether the person is a juvenile
.or an adult
Arnit Das vs. State of Bihar (2000 (5) SSC 488: AIR 2000
In this case, despite many documents like school and birth
certificates produced before the Board, it was difficult to establish
the exact age of the juvenile. The Court reiterated that in borderline
· cases such as this, if two views are possible, the accused should
.be given the benefit of doubt
?When can the Board deny bail .Q
Bail can only be denied if there is substantial reason to .A
22 21
– believe that after release .framed
In any case involving a juvenile and an adult offender, the •
the juvenile is likely to get associated with a known criminal; • charges and subsequent proceedings must be separate and the
or juvenile has to be sent to the Juvenile Justice Board. Joint charges
there is moral, physical and psychological danger to the • )and joint proceedings cannot take place in such cases. (Sec. 18
juvenile; or
.the ends of justice stand defeated • By when should the police file the ‘Police Investigation .Q
?’Report
Every juvenile has a right to know the precise reason(s) The Police Investigation report should be filed within sixty .A
for being denied bail. The order made on a bail application must days (60 days) in cases where the alleged offence is liable for a
therefore clearly mention the reason for denial of bail in detail. punishment of less than seven years and, within ninety days (90
If there is any danger to the child, the order must not only state .days) in cases involving a punishment of seven or more years
so, but also state why and from whom and what has led to this
conclusion/opinion. This is a basic principle of fair hearing and What Orders can be passed by the Board in case of .Q
.justice ?juveniles
The SBR prepared by the police plays an important role The Board may pass the following orders in matters involv� .A
at this point. The Board may rely on it along with other documents :ing juveniles
produced by the police and the Social Investigation Report (SIR) .Allow the juvenile to go home after advice •
.prepared by the Probation Officer for denying bail .Direct the juvenile to participate in group counselling •
.Order the juvenile to perform community service •
.Order the parent or the juvenile himself to pay a fine •
Can the police file a charge sheet in cases involving .Q nDirect to release the juvenile on probation of good co •
?juveniles .duct
Going by the principles of juvenile justice across the world, .A Make an order directing the juvenile to be sent to a special •
terms like charge sheet should not be used by the police or the .home
Juvenile Justice Boards while dealing with matters involving juve-
.niles ?What Orders cannot be passed against a juvenile .Q
A “charge” is an accusation. In a criminal proceeding, the :No juvenile can be .A
“charge” is an important step as it separates the inquiry from the Sentenced to death or life imprisonment •
trial. However, in juvenile justice matters there can be no
Committed to prison in any circumstance •
“charge’ against a juvenile since the proceeding is not against a
‘criminal’ but against a ‘child alleged to be in conflict with law’ and Penalised in default of payment of fine or in default of •
furnishing security
it is not meant to be a criminal proceeding. There is no trial. All
Where should a juvenile found guilty of an offence be .Q
.inquires have to be completed within four months
?kept on disposition of a case
However, the police can file a Police Investigation Report
On completion of the inquiry, if a juvenile is found guilty of .A
(which would lead to framing the charges on completion of police
:an offence, the Board may make the following orders
investigation). Ideally the term Police Investigation Report should
have been used in the Act also. Unfortunately, the juvenile justice ’Send the juvenile to a ‘Special Home •
law has always been amended in a great hurry and therefore even ’Send the juvenile to a ‘Place of Safety •
while stressing in principle on the need to change semantics, many aSend the juvenile home under the supervision of a Prob •
of the terms used in the Criminal Procedure Code continue to be tion Officer
.used for children too The period of detention in a ‘Special Home’ or a ‘Place of
:Note Safety’ cannot be more than three years, irrespective of the pun-
For every distinct offence a separate charge must be • .ishment listed for the offence that is proven against a juvenile

24 23
?What is a Special Home .Q
A juvenile whose guilt for committing an offence is proved .A
beyond reasonable doubt cannot be sent to a prison. The JJ Act
thus provides for a Special Home where such juveniles are
.sent for rehabilitation
aSpecial homes may be managed by a voluntary organis
.tion on an agreement with the concerned State Department
?’What is a ‘Place of Safety .Q
A ‘Place of Safety’ is a place recognized by the State .A
Government to receive juveniles above the age of 16 years, where
such a juvenile is found guilty of having committed an offence of
a very serious nature and according to the Board, placement of
such juvenile in a special home would not be in the interest of the
.juvenile or other juveniles
What action will take place in case a juvenile escapes .Q
from an observation home or, a special home or a place of
safety or from the care of a person under whose charge he/
?she was placed
The observation home/special home/place of safety/fit .A
.person shall inform the Board about such escape immediately
However, no criminal proceeding can be instituted against
a juvenile for escaping from an observation home or, a special
home or a place of safety or from the care of a person under whose
.charge he/she was placed
If the police find a juvenile who has escaped, they shall
.send the juvenile back to the place from where he had escaped
How can the Boards act in the best interest of the .Q
?juvenile
Plead Guilty or Claim trial is a procedure followed by courts .A
conducting trials for adults. JJB has a moral responsibility to make
.the procedures simple, child-friendly and less cumbersome
All other courts too should follow child-like procedures in • employers or those who procure them for employment
.matters concerning children
mReleasing juveniles on conventional forms of bail or co
pleting the inquiry after making them plead guilty is against the
principle of best interest of the child as enshrined in the UNCRC,
.ratified by India in 1992
Children alleged to have come in conflict with law need to
be treated differently because of their age and level of understand-
:ing. The Juvenile Justice Board must ensure that
they understand what they are accused of -
they have help in defending themselves -
their case is treated with privacy -
Can the police or the Board share any previous record .Q
of commission of an offence by a juvenile or information
about any case against a person when he was a juvenile e,g.
in the case of police verification of passport or police verifica-
?tion of domestic servants
The police may share information about the previous proven .A
commission of an offence by a juvenile or an ongoing case against
a juvenile with public authorities for purposes other than those that
.would affect the employment of a juvenile
Since the law clearly states that any record of commission
of an offence by a juvenile cannot be used as disqualification for
his/her employment, there is no reason why the police or the Board
should share such information sought by individuals employing
.children as domestic servants or in any other manner
Special Offences against juveniles for which the Board .Q
?is empowered to take cognizance
Every Board is empowered to take cognizance of special .A
offences committed against a juvenile by persons in whose charge
or control they are. This includes parents/guardians, officials of
institutions under whose custody they are kept by an order of the
Board, police in whose charge they may be, employers, drug ma-
fias and syndicates involved in using juveniles for organized
.crime
dIn all such cases the Board shall initiate criminal procee
ings against the accused by way of getting the police to file an FIR
.under sections 23, 24, 25 and 26 as the case may be
Section 23 deals with cruelty against juveniles
gSection 24 deals with employment of juveniles for be
ging
Section 25 penalises substance abuse
Section 26 deals with exploitation of juveniles by their
• LEGAL PROVISIONS RELATED TO JUVENILE IN CONFLICT WITH
LAW UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2000
• - Sec. 4 - Juvenile Justice Board
iNotwithstanding anything contained in the Code of Crim )1(
nal Procedure, 1973 (2 of 1973), the State Government may,
by notification in the Official Gazette, constitute for a district
or a group of districts specified in the notification, one or more
Juvenile Justice Boards for exercising the power and discharging
26 25
 the duties conferred or imposed on such Boards in relation to
.juveniles in conflict with law under this Act
A Board shall consist of a Metropolian Magistrate or a )2(
Judicial Magistrate of the first class, as the case may be, and two
social workers of whom at least one shall be a woman, forming a
Bench and every such Bench shall have the powers conferred by
the Code of Criminal Procedure, 1973 (2 of 1993), on a Metropolitan
Magistrate or, as the case may be a Judicial Magistrate of the first
class and the Magistrate on the Board shall be designated as the
.Principal Magistrate
No Magistrate shall be appointed as a member of the Board )3(
unless he has special knowledge or training in child psychology or
child welfare and no social worker shall be appointed as a member
of the Board unless he has been actively involved in health, educa-
tion, or welfare activities pertaining to children for at least seven
.years
The term of office of the member of the Board and the )4(
manner in which such member may resign shall be such as may
.be prescribed
The appointment of any member of the Board may be )5(
terminated after holding 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 offence involving moral turpitude,
and such conviction has not been reversed or he has not been
granted full pardon in respect of such offence, (iii) he fails to attend
the proceedings of the Board for consecutive three months
without any valid reason or he fails to attend less than three-fourth
.of the sittings in a year
-Sec. 5 - Procedure, etc., in relation to the Board
The Board shall meet at such times and shall observe such )1(
rules of procedure in regard to the transaction of business at its
.meetings, as may be prescribed
A child in conflict with law may be produced before an )2(
.individual member of the Board, when the Board is not sitting
A Board may act, notwithstanding the absence of any )3(
member of the Board, and no order made by the Board shall be
invalid by reason only of the absense of any member during
.any stage of proceedings
Provided that there shall be at least two members including
the Principal Magistrate present at the time of final disposal
.of the case
mIn the event of any difference of opinion among the me )4(
bers of the Board in the interim of final disposition, the opinion of
the majority shall prevail, but where there is no such majority, the
opinion of the Principal Magistrate shall prevail. A child in conflict
with law can be produced before an individual member of the Board,
.when the Board is not sitting
-.Sec. 6 - Power of the Juvenile Justice Board
Where a Board has been constituted for any district or )1(
a group of districts, such Board shall, notwithstanding anything
contained in any other law for the time being in force but save as
otherwise expressly provided in this Act, have power to deal ex-
clusively with all proceedings under this Act relating to juveniles in
.conflict with law
The power conferred on the Board by or under this Act )2(
may also be exercised by the High Court and the Court of Ses-
sion, when the proceeding comes before them in appeal, revision
.or otherwise
Sec. 7 - Procedure to be followed by a Magistrate not
-.empowered under the Act
When any Magistrate not empowered to exercise the power )1(
of a Board under this Act is of the opinion that a person brought
before him under any of the provision of this Act (other than for the
purpose of giving evidence), is a juvenile or child, he shall without
any delay record such opinion and forward the juvenile or the child
and the record of the proceeding to the competent authority having
.jurisdiction over the proceeding
The competent authority to which the proceedings is )2(
forwarded under sub-section (1) shall hold the inquiry as if the
.juvenile or the child had originally been brought before it
-Sec. 7A - Apprehension of juvenile in conflict with law
As soon as a juvenile in conflict with law is apprehended by )1(
police, he shall be placed under the charge of the special juvenile
police unit or the designated police officer who shall immediately
.report the matter to a member of the Board
The State Government may make rules consistent with )2(
-,this Act
to provide for person through whom (including registered )i(
voluntary organisations) any juvenile in conflict with law may be
.produced before the Board
to provide the manner in which such juvenile may be sent )ii(
.to an observation home
-.Sec. 11 - Control of custodian over juvenile
28 27
 uAny person in whose charge a juvenile is placed in purs
ance of this Act shall, while the order is in force, have the control
over the juvenile as he would have if he were his parents, and shall
be responsible for his maintenance, and the juvenile shall continue
in his charge for the period stated by competent aurhority, notwith-
.standing that he is claimed by his parents or any other person
-.Sec. 12 - Bail of juvenile
fWhen any person accused of a bailable or non-bailable o )1(
fence, and apparently a juvenile, is arrested or detained or appears
or is brought before a Board, such person shall, notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of
1974) or in any other law for the time being in force, be released on
bail with or without surety, but he shall not be so released if there
appear to be 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
When such person having been arrested is not released )2(
on bail under sub-section - (i) By the officer in charge of the police
station, such officer shall cause him to be kept only in an observa-
tion home in the prescribed manner until he can be brought before
.a Board
When such person is not released on bail under sub-ection )ii(
(1) by the Board it shall, instead of committing him to prison, make
an order sending him to an observation home or a place of safety
for such period during the pendency of the inquiry regarding him
.as may be specified in the order
-.Sec. 13 - Information to parent, guardian or probation officer
Where a juvenile is arrested, the officer incharge 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, )a(
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 )b(
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
-.Sec. 14 - Inquiry by Board regarding juvenile
Where a juvenile having been charged with the offence is
produced before a Board, the Board shall hold the inquiry in ac-
cordance with the provisions of this Act and may make such order
:in relation to the juvenile as it deems fit
mProvided that an inquiry under this section shall be co
pleted within a period of four months from the date of its com-
mencement, unless the period is extended by the Board having
regard to the circumstances of the case and in special cases after
.recording the reasons in writing for such extension
Sec. 17 - Proceeding under Chapter VIII of the Code of Criminal
-.Procedure not Competent against juvenile
Notwithstanding anything to the contrary contained in the
Code of Criminal Procedure, 1973 (2 of 1974) no proceeding shall
be instituted and no order shall be passed against the juvenile
.under Chapter VIII of the said Code
Sec. 18 - No joint proceeding of juvenile and person not a
-.juvenile
Notwithstanding anything contained in section 223 of the )1(
Code of Criminal Procedure, 1973 (2 of 1974) or in any other law
for the time being in force, no juvenile shall be charged with or tried
.for any offence together with a person who is not a juvenile
If a juvenile is accused of an offence for which under section )2(
223 of the Code of Criminal Procedure, 1974 (2 of 1974) or any
other law for the time being in force, such juvenile and any person
who is not a juvenile would, but for the prohibition contained in
sub-section (1), have been charged and tried together, the Board
taking cognizance of that offence shall direct separate trials of the
.juvenile and the other person
-.Sec. 22 - Provision in respect of escaped juvenile
Notwithstanding anything to the contrary contained in any
other law for the time being in force, any police officer may take
charge without warrant of juvenile in conflict with law who has
escaped from a special home or an observation home or from the
care of a person under whom he was placed under this Act, and
shall be sent back to the special home or the observation home
or that person, as the case may be; and no proceeding shall be
instituted in respect of juvenile by reason of such escape, but the
special home, or the observation home or the person may, after
giving the information to the Board which passed the order in re-
spect of the juvenile, take such steps in respect of the juvenile as
.may be deemed necessary under the provisions of this Act
-Sec. 23 - Punishment for cruelty to juvenile or child
Whoever, having the actual charge of, or control over,
a juvenile or the child, assaults, abandons, exposes or willfully
30 29
 neglects the juvenile or causes or procures him to be assaulted,
abandoned, exposed or neglected in a manner likely to cause such
juvenile or the child unnecessary mental or physical suffering shall
be punishable with imprisonment for a term which may extend
.to six months, or fine, or with both
-.Sec. 24 - Employment of juvenile or child for begging
rWhoever employs or uses any juvenile or child for the pu
pose of begging shall be punishable with imprisonment for a term
.which may extend to three years and shall also be liable to fine
Whoever, having the actual charge of, or control over, a
juvenile or the child abets the commission of the offence punishable
under sub-section (1), shall be punishable with imprisonment
for a term which may extend to one year and shall also be liable to
.fine
Sec. 25 - Penalty for giving intoxicating liquor or narcotic drug
-or psychotropic substance to juvenile or child
Whoever gives, or cause to be given, to any juvenile or
child any intoxicating liquor in a public place or any narcotic drug or
psychotropic substance except upon the order of duly qualified
medical practitioner or in case of sickness, shall be punishable
with imprisonment for a term which may extend to three years and
.shall also be liable to fine
-.Sec. 26 - Exploitation of juvenile or child employee
Whoever ostensibly procures a juvenile or the child for the
purpose of any hazardous employment, keeps him in bondage and
withholds his earnings or uses such earning for his own purposes
shall also be punishable with imprisonment for a term which may
.extend to three years and shall also be liable to fine
-Sec. 27 - Special offences
The offences punishable under sections 23, 24, 25 and 26
.shall be cognizable
CHAPTER - V
CHILD LABOUR
Who is a child labourer according to the Child Labour .Q
?(Prohibition and Regulation) Act, 1986
A child labourer means a person who has not completed .A
)1(
.his/her fourteen years of age
Is a child labourer also a child in need of care protec� .Q
)2(
?tion
Yes, a child labour is also a child in need of care and pro� .A
tection as Juvenile Justice (Amendment)Act 2006 defines a child
in need of care and protection - who is found begging, or who is
.either a street child or a child working in hazardous occupations
?What is the latest notification related to child labour .Q
On October 10,2006, Ministry of Labour and Employment, .A
Govt. of India notified that children working as domestic servants,
working in eateries, dhabhas, roadside shops, hotels etc are
.prohibited to work
What is the provision for the child under the Act regard� .Q
ing hours and period of work under regulated processes and
?occupations
According to the Act no child shall work for more than three .A
hours before he has had an interval of rest for atleast one hour.
The Act stipulates that double employment of a child is banned and
.child should not be made to work b/w 7 p.m. to 8 a.m
Is a child employed in an establishment entitled to a .Q
?holiday
Yes, a child employed in an establishment is entitled to a .A
.holiday of one whole day in each week
What happens when dispute about the age of the child .Q
?employed arises between the inspector and employer
In such situation the inspector may refer the child to the .A
.prescribed medical authority for decision regarding his age
Is it necessary for every employer to maintain a reg� .Q
ister, which sould be available to the inspector for inspection
?all the time
Yes, every employer, in respect of the children employed .A
or permitted to work is required to maintain a register, showing
:the following
32 31
The name and date of birth of every child employed by
.him/her
Hours and period of work and the intervals of rest the child
.is entitled to
.Nature of work of the child
What are the provisions under the Act regarding the .Q
health and safety of the children employed or permitted to
?work in any establishment
A few of provisions under the Act regarding the health and .A
: safety include
.Cleanliness in the place of work )i(
.Ventilation and temperatures )ii(
.Drinking water )iii(
.Latrine and urinals )iv(
.Precautions in case of fire and other hazards )v(
?Can a person be penalised under the Act .Q
Yes, if a person employs any child or permits any child .A
to work in contravention of the provisions of the Act, he shall be
punished with imprisonment for a term which shall not be less than
3 months but extend to 1 year or with fine which shall not be less
.than Rs. 20,000 or with both
Who can file a complaint of the commission of an of� .Q
?fence under the Act
Any person, police officer or inspector may file a complaint .A
of the commission of an offence under the Act. No court inferior
to that of a Metropolitan Magistrate or Magistrate of the first class
.shall try any offence under the Act
What are the Supreme Court directions for elimination
?of child labour
The Supreme Court directions for elimination of child labour
:are as follows
.Survey of identification of child labour
.Withdrawl of children working in hazardous industries
Rs. 20,000/- to be paid by offending employer to the
.child
Employment to one adult member of the family of which
.child is withdrawn from work
Regulating the working hours of children working in non -
.hazardous occupation and processes
.1 THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
.2 This Act is based on Article 24 of the Constitution of India
under which no child below the age of 14 years is to be
.3 employed in any factory or mine or engaged in any other
.hazardous employment
Sec. 3 - Prohibition of employment of children in certain
-occupations and processes
No child shall be employed or permitted to work in any
of the occupations set forth in Part A of the schedule or in any
workshop wherein any of the processes set forth in Part B of the
schedule is carried on: (For detailed Schedule refer to Annexure
)No. 1
—Sec. 10 - Dispute as to age
If any question arises between an Inspector and an occupier
as to the age of any child who is employed or is permitted to work
by him in an establishment, the question shall, in the absence of
certificate as to the age of such child granted by the prescribed
medical authority, be referred by the Inspector for decision to the
.prescribed medical authority
-Sec. 14 - Penalties
Whoever employs any child or permits any child to work in )1(
contravention of the provision of section 3 shall be punishable with
imprisonment for a term which shall not be less than three months
but which may extend to one year or with fine which shall not be
less than ten thousand rupees but which may extended to twenty
.thousand rupees or with both
.Q cWhoever, having been convicted of an offence under se )2)
tion 3, commits a like offence afterwards, he shall be punishable
.A with imprisonment for a term which shall not be less than six
.months but which may extend to two years
a
-Whoever )3(
b
fails to give notice as required by section 9; or )a(
c
fails to maintain a register as required by section 11 or )b(
make any false entry in any such register; or
d fails to display a notice containing an abstract of section 3 )c(
and this section as required by section 12; or
e fails to comply with or contravenes any other provisions of )d(
,this Act or the rules made there under
Shall be punishable with simple imprisonment which may
extend to one month or with fine which may extend to ten thousand
.rupees or with both
34 33
 CHAPTER - VI
BONDED LABOUR
What is Bonded Labour, according to the Bonded
.Labour System (Abolition) Act, 1976
According to section 2(e) “bonded labour” means any labour
.or service rendered under the bonded labour system
?Who is a Bonded Labourer
Any labour, who incurs, or has or is persumed to have
.incurred, a bonded debt
?Can a child labour be a bonded labour .Q
Yes, a child labour can be a bonded labour when he/she .A
is rendering their service or labour under the bonded labour
.system
What procedures are to be followed while rescuing the
.bonded child labour
To inform the District Magistrate and then the raid is con�
ducted for rescuing the child. The District Magistrate provides the
.release certificate
What is the punishment for the offender and compen�
?sation for the child and family
The offence is punishable with imprisonment for a term,
which may extend to 3 years,and also with fine, which may extend
to two thousand rupees, or with both. Out of the fine, if recov-
ered, payment shall be made to the bonded labourer at the rate of
rupees five for each day during which possession of the property
.was not restored to him
.This offence is a cognizable and bailable offence
Who is the competent authority responsible for imple�
?menting the provisions of this Act
The state government confers power and imposes duties
.on a District Magistrate
?What is the role of vigilance committees .Q
To provide economic and social rehabilitation of the freed .A
bonded labourers and to keep a check on occurrence of offence
.under the Act
?Where are the victims (children) kept after rescue
Shelter homes and recognised children’s homes are the
.places where the victims are kept
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
This act is based on Article 23 of the Constitution under which
.begar and other forms of forced labour is prohibited
- Definition: Section 2
.Q bonded debt” advance obtained or presumed to have“ )d(
;been obtained by bonded labour
.A bonded labour” means any labour or service rendered“ )e(
;under the bonded labour system
bonded labourer” means a labour who incurs, or has,“ )f(
.Q ;or is presumed to have incurred, a bonded debt
.A bonded labour system” means the system of forced,“ )g(
or partly forced labour under which a debtor enters, or has, or is
presumed to have entered into an agreement with the creditor to
- the effect that
in considreation of an advance obtained by him or by any )i(
of his lineal ascendants or descendants (whether or not such ad-
vance is evidenced by the document) and in consideration of
the interest, if any, due on such advance, or
.Q
in pursuance of any customary or social obligation, or )ii(
cin pursuance of any obligation devolving on him by su )iii(
.A
cession, or
for any economic consideration received by him or by any )iv(
of his lineal ascendants or descendants, or
.Q by reason of his birth in any particular caste or community, )v(
:he would
.A render, by himself or through any member of his family, or )1(
any person dependent on him, labour or service, to the credi-
tor, or for the benefit of the creditor, for a specific period or for an
unspecified period, either without wages or for nominal wages, or
iforfeit the freedom of employment or other means of livel )2(
hood for a specified period or for an unspecified period, or
forfeit the right to move freely throughout the territory of )3(
India, or
.Q forfeit the right to appropriate or sell at market-value any )4(
of his property or product of his labour or the labour of a member
.A of his family or any person dependent on him, and includes the
system of forced, or partly forced labour under which a surety for
a debtor enters, or has, or is presumed to have, entered into an
agreement with the creditor to the effect that in the event of the
failure of the debtor to repay the debt, he would render the bonded
.labour on behalf of the debtor
Sec. 10 -. Authorities who may be specified for implementing
. Q - .the provisions of this Act
.A mThe State Government may confer such powers and i
36 35
 pose such duties on a District Magistrate as may be necessary to .Magistrate
ensure that the provisions of this Act are properly carried out and
the District Magistrate may specify the officer, subordinate to him,
who shall exercise all or any of the powers, and perform all or any
of the duties, so conferred or imposed and the local limits within
which such powers or duties shall be carried out by the officer so
.specified

Sec 11- Duty of District Magistrate and other officers to ensure

- .credit
The District Magistrate aurhorised by the State Government
under Section 10 and the officer specified by the District Magistrate
under that section shall, as far as practicable, try to promote the
welfare of the freed bonded labourer by securing and protecting
the economic interests of such bonded labourer so that he may
not have any occasion or reason to contract any further bonded
.debt

Sec 12-. Duty of District Magistrate and officers aurhorised by

- .him
It shall be the duty of every District Magistrate and every
officer specified by him under Section 10 to inquire whether, after
the commencement of this act, any bonded labour system or any
other form of forced labour is being enforced by, or on behalf of,
any person resident within the local limits of his jurisdiction and if,
as a result of such inquiry, any person is found to be enforcing the
bonded labour system or any other system of forced labour, he
shall forthwith take such action as may be necessary to eradicate
.such forced labour

- .Sec 15- Burden of proof

Whenever any debt is claimed by a bonded labourer, or
a Vigilance Committee, to be a bonded debt, the burden of proof
.that such debt is not a bonded debt shall lie on the creditor

- .Sec 21 - Offences to be tried by Executive Magistrates

gThe State Government may confer, on an Executive Ma )1(
istrate, the powers of a Judicial Magistrate of the first class or of
the second class for the trial of offences under this Act; and, on
such conferment of powers, the Executive Magistrate, on
whom the powers are so conferred, shall be deemed, for the
purposes of the Code of Criminal Procedure, 1973 (2 of 1974),
to be a Judicial Magistrate of the first class, or of the second
.class, as the case may be
An offence under this Act may be tried summarily by a )2(

38 37
 CHAPTER - VII .pornography
Emotional—Acts that militate against the child’s adequate
CHILD ABUSE and normal personality growth eg—terrorizing, blaming, rejecting
.the child etc
?What is sexual violence against children .Q Social—Includes all forms of discrimination and denial of
Sexual violence against children is the inducement or .A rights and privileges on the basis of caste, colour, creed, family
coercion of children to engage in any sexual activity. This violence .status, sex etc
can take place in both, a physical and mental form. Sexual violence
.includes sexual abuse and sexual exploitation ?Who all are possible perpetrators of child abuse . Q
.Peers, police, employers, parents, relatives and elders .A
?What is sexual abuse of children .Q
It is usually a silent and hidden invisible crime that both .A What are the legislations that protect a child from .Q
boys and girls face at home or outside, often at the hands of trusted ?sexual abuse
.adults Legislations that protect a child from sexual abuse are as .A
: The sexual abuse of children includes : follows
An adult exposing his/her genitals to a child or persuading .1
.a child to do the same )Provisions under the Indian Penal Code (IPC
An adult touching a child’s gentials with hand or any other .2
.object, or making a child touch his genitalia Sec. 354 - Assault or criminal force to a woman/girl with intent to outrage
An adult having oral, vaginal or anal intercourse with a .3 .her modesty
.child, with or without penetration
An adult making any verbal or other sexual suggestion to .4 .Sec. 372 - Selling a minor for the purpose of prostitiution
a child
.An adult persuading a child to engage in sexual activity .5 .Sec. 373 - Buying a minor for the purpose of prostitution
.An adult making a child witness any sexual act .6
An adult inducing or encouraging a child to hear, view or .7 .Sec. 375-376 - Rape of minor girl child
.read any pornographic material
.Sec. 377 - Unnatural offences
?What is sexual exploitation of children .Q
It is sexual exploitation againt children for monetary or any .A
: other gain and includes
The organized trafficking (buying/selling) of children for )i(
sexual purposes. This involves a network of porcurers, brothel
.keepers, pimps etc
.The exploitative use of children in prostitution )ii(
rThe exploitative use of children in pornographic perfo )iii(
.mances and materials

?What are the different types of child abuse .Q

: Child abuse can take many forms .A
Physical—This is intentional use of physical force aimed
.at hurting, injuring the child eg. beating, burning, tying up etc
Sexual—Subjecting a child to any sexual act to abuse the
child. This includes raping, molesting, sodomy, and incest, selling
or hiring children for prostitution, exposing or using children for

40 39
 CHAPTER - VIII
: Other Purposes
CHILD TRAFFICKING Circus, beer bars, dance troups a
Camel jokeys b
?What is Child Trafficking .Q For and through marriage or adoption c
Child trafficking is the recruitment, transportation, transfer, .A
harbouring or receipt of persons below the age of 18 years (legally ?Is trafficking always cross border .Q
or illegally), within or across borders, by means of threat or use No, it is not always cross border. Most often it takes place .A
of force or other form of coercion, of abduction, of deception, of within or from one state to other state such as Jharkhand or West
the abuse of power or of position of vulnerability or, of the giving Bengal to Delhi. Intra-country is far more than inter-country traf-
or receiving of payment or benefits to achieve the consent of a .ficking
person having control over another person, with the intention or
.knowledge that it is likely to cause or lead to exploitation ?Who are the traffickers .Q
There is no criteria to identify traffickers. They pose as lov� .A
What is legal or illegal trafficking? Can trafficking be .Q ers, could be husband, employment agents, neighbours, known to
?legal .the victims. A trafficker could be from any of these backgrounds
While all trafficking is illegal, some forms of trafficking may .A
.take place through legal means such as marriage and adoption ?Do the children know that they are being trafficked .Q
It is the strength of this trade that victims do not know about .A
What is the difference between migration or traffick� .Q trafficking. They quite aften remain under the impression that the
?ing trafficker is their well wisher and will be providing job or employ-
Migration is usually willful movement of people from one .A .ment. The victim always believes the false promises
place to another place for the purpose of improving life situation
and in migration people know the result of the act. The ultimate ?Are the parents involved in child trafficking .Q
purpose of trafficking is the profit for the trafficker and the person Unfortunately it is shocking that in the trade of child prostitu� .A
(victim) subjected to trafficking will always be exploited. It is the tion, parents are sometimes involved in facilitating the trafficking
.most common element of trafficking of their own children. However, it is diffficult to generalise that all
.parents whose children are trafficked are a party to the crime
?What are the purposes of child trafficking . Q
Children are available easily with low risk and at lower cost .A How to deal with cases in which parents are in� .Q
: . Child trafficking takes place for following reasons ?volved
: Labour In such type of cases we should isolate children from their .A
Agricultural Labour b
Bonded Labour a parents and CWC can play an important role to rehabilitate children
Construction work d Domestic Labour c .in this condition
Cheap labour in various industries like carpet and gar� e
ment industries and other sites of work in both formal and ?What is re-trafficking . Q
.informal economy Re-trafficking means trafficking of the same victim again .A
.for the benefit of traffickers
: Illegal Activities
.Drug peddling
b Begging
a ?Why does re-trafficking happen .Q
Smuggling d Organ trade c Re-trafficking takes place when post rescue operations or .A
: Sexual Eploitation repatriation is not handled properly. Lack of awareness, poverty,
Sex tourism
b Forced Prostitution
a lack of sensitivity among community, illiteracy and ignorance are
Socially or religiously d Pornography c the main cause of it. The traffickers are more organised and are
sanctified .everywhere

42 41

?Why are children trafficked
:The reasons for trafficking are
:Globalisation and Liberalisation leading to
Increased poverty
Greater food insecurity
Distintegration of the rural communities
Forced and illegal migration
Consumerism
Unchecked growth of tourism industry
Growth in the information technology sector
Anti-people and anti-child government policies
Natural Calamities and lack of disaster management pro�
grammes
Displacement due to development initiatives
Ethnic and Communal Strife
Refugee Status or Statelessness
Cultural norms and traditions
Social attitudes
Illiteracy and ignorance
Obscure beliefs like ‘sex with virgin’ will cure STDs and
.sexual dysfunctions etc
Treatment of children as extensions of parents
Children are the easiest targets for trafficking
Abuse and neglect of children’s basic rights
Failure to involve children in decisions affecting their life
Lack of comprehensive legal framework and weak law
enforcement
Lack of political will
Trafficking is a lucrative trade
What are the Legal provisions to protect children from
?traffcking
A. Article 23 of the Constitution of India particularly prohibits traf-
fic in human beings, begar and other forms of forced labour. There
are some sections in the IPC, JJ Act, Child Labour Act, Bonded
Labour Act,Immoral Trafficking (Prevention) Act 1956 that apply to
.cases of certain specific forms or purposes of child trafficking
The Immoral Traffic (Prevention) Act, 1956
The Immoral Traffic (Prevention) Act was enacted in pursu� .1
ance of the International Convention for the Suppression of Traffic in
persons and of the Exploitation of Prostitution of Others signed in
New York on the 9th day of May 1950 for the prevention of immoral
trafficking. This Act replaces the Suppression of Immoral Traffic in
.Women and Girls Act 1956
. Q This Act is based on Article 23 of the Constitution which .2
.A .prohibits trafficking of human beings
.1 Under this Act, a “child” means a peron who has not com� .3
a .pleted the age of 16 years
.b A “minor” means a person who has completed the age of
.c .16 years but has not completed the age of 18 years
.d A “major” means a person who has completed the age of
.e .18 years
.f Brothel” includes any house, room, conveyance or place“
.g or any portion of any house, room, conveyance or place, which is
h used for purpose of sexual exploitation or abuse, for the gain of
2 .another person or for the mutual gain of two or more prostitutes
rA “corrective institution” is where persons in need of co
3 rection are detained, and includes a shelter where under-trials may
4 .be kept in pursuance of this Act
5 A “protective home” is an institution where person in need
6 .of care and protection are kept
7 Prostitution is not per se an offence. This Act punishes .4
8 the
9 brothelkeeper and the procurer. A prostitute can be arrested
.only, if she is found solicting in a public place
0
1 This Act punishes with imprisonment any person who pro� .5
11 cures or attempts to procure a child for prostitution, or any person
12 who is found with a child in a brothel. It shall be presumed that a
13 child or minor found is a brothel has been detained in such place
14 .for the purpose of prostitution
Punishment is more stingent in case of an offence against .6
5
1 .a child or a minor
16 Where the person rescued is a child or minor, the Magistrate .7
may direct the placement of the child or minor in an institution
.Q established or recognised under the Juvenile Justice [Care
and
Protection of Children] Act. The Magistrate is to maintain a
list of experienced social workers, particulary women social-workers
.who may be called upon for assistance
As trafficking is an inter-State offence, the Central Govern� .8
ment is to appoint anti-trafficking police officers for dealing with
offences
.under this Act, and their powers extend all over India
The State Government is to appoint Special Police Officers
for dealing with offences under this Act, and they can exercise
.their powers only in their respective States
44 43
 ANNEXURE I ;Mica-cutting and splitting .6
THE CHILD LABOUR (PROHIBITION AND REGULATION) Act, 1986 ;Shellac manufacture .7
)THE SCHEDULE (PROHIBITED OCCUPATIONS AND PROCESSES ;Soap manufacture .8
;Tanning .9
Part A ;Wool-cleaning .10
Building and construction industry including processing .11
Occupations ,and polishing of granite stones
- Any occupation connected with ;)Manufacture of slate pensils (including packing .12
;Transport of passengers, goods or mails by railway )1( ;Manufacture of products from agate .13
Cinder picking, clearing of an ash pit or building operation )2( Manufacturing processes using toxic metals and sub� .144
;in the railways premises stances, such as lead, mercury. manganese, chromium, benzene,
Work in a catering establishment at a railway station, )3( ;pesticides and asbestos
involving the movement of a vendor or any other employee of the Hazardous processes” as defined in Sec. 2 (cb) and dan�“ .155
establishment from one platform to another or into or out of a mov- gerous operations as notified in rules made under Sec. 87 fo the
;ing train ;)Factories Act, 1948 (63 of 1948
Work relating to the construction of a railway station or )4( Printing as defined in Sec. 2(k) (iv) of the Factories Act. .16
with any other work where such work is done in close proximity to ;)1948 (63 of 1948
;or between the railway lines ;Cashew and cashewnut descaling and processing .17
;A port, authority within the limits of any port )5( ;Soldering processes in electronics industries .18
Work relating to selling of crackers and fireworks in shops )6( ;Aggarbatti’ manufacturing‘ .19
;with temporary license Automobile repaires and maintenance including processes .20
;Abattoirs/slaughter houses )7( incidental there to, namely, welding, lathe work. dent beating and
;Automobile workshop and garages )8( ;painting
;Foundries )9( ;Brick Kilns and roof titles units .21
oHandling of toxic or inflammable substances or expl )10( Cotton ginning and processing and production of hosiery .22
;sives ;goods
;Handloom and powerloom industry )11( ;Detergent manufacturing .23
;Mines (underground and underwater) and collieries )12( ;)Fabrication workshops (ferrous and non ferrous .24
.Plastice units and fibreglass workshops )13( ;Gem cutting and polishing .25
rEmployment of children as domestic workers or se )14( ;Handling of chromite and managanese ores .26
;vants ;Jute textile manufacture and coir making .27
Employment of children in dhabas (road side eateries), )15( ;Lime Kilns and manufacture of lime .28
restaurants, hotels, motels, tea shops, resorts, spas or other rec- ;lock making .29
.reational centres Manufacturing processes having exposure to lead such as .30
.Driving )16( primary and secondary smelting, welding and cutting of lead-painted
metal constructions, welding of galvanized or zinc silicate, polyvi-
Part B nyl chloride, mixing (by hand) of crystal glass mass, sanding or
Processes scrapping of lead paint, burning of lead in enamelling workshops,
;Bidi-making 1 lead mining, plumbing, cable making, wire patenting, lead casting,
Carpet-weaving including preparatory and incidental pro� 2 type founding in printing shops. Store type setting, assembling of
,cess thereof ;cars, shot making and lead glass blowing
;Cement manufacture, including bagging of cement 3 Manufacture of cement pipes, cement products and other .31
Cloth printing, dyeing and weaving including process, 4 ;related work
,preparatory and incidental thereto Maufacturing of glass, glassware including bangles, floures� .322
;Manufacture of matches, explosives and fire-works .5 ;cent tubes, bulbs and other similar glass products

46 45
;Manufacture of dyes and dyes stuff .33 ANNEXURE II
;Manufacturing or handling of pesticides and insecticides .34
Manufacturing of processing and handling of corrosive .35 LIST OF CHILDLINE AGENCIES RUN BY NGOs
and toxic substances, metal cleaning and photo engraving and
;soldering processes in electronic industry )Childline Agencies (24 Hours .S. No
;Manufacturing of burning coal and coal briquettes .36
Manufacturing of sports goods involving exposure to syn� .377 )Butterflies (South Zone .1
;thetic materials chemicals and leather Green Park, H.No. U/4, Near Sanatan Dharm Temple,
;Moulding and processing of fibreglass and plastic .38 Delhi
;Oil expelling and refinery .39 Ph. : 1098/26176831
;Paper making .40
;Potteries and ceramic industry .41 )Don Bosco Ashalayam (West Zone .2
Polishing, moulding, cutting, welding and manufacture of .42 Old Najfargarh Road, Palam gaon, New Delhi-45
;brass goods in all forms Ph. : 1098/25070098
Process in agriculture where tractors, threshing and har� .433
;vesting machines are used and chaff cutting )Delhi Brotherhood Society (East Zone .3
;Saw mill-all processes .44 St. Johns Vocational Technical Training Centre, Anand
;Sericulture processing .45 Gram, Leprosy Complex, Tahirpur, Delhi - 110095
Skinning, dyeing and processes for manufacturing of .46 Ph. : 1098/2277911
;leather and leather products
Stone breaking and stone crushing .47 )Prayas (North Zone .4
Tobacco processing including manufacturing of tobacco, .48 Juvenile Home for Boys, EE Block, Jahangirpuri, Delhi - 110033
.tobacco paste and handing of tobacco in any form Ph. : 1098/27422906, 27433907, 27633907
Tyre making, repairing, re-treading and graphite benefica� .499
;tion )Salam Balak Trust (Central Zone .5
;Utensils making, polishing and metal buffing .50 aD.D.A Community Center, IInd floor, Chandiwali Gali, P
)Zari’ Making (all Processes‘ .51 ,harganj
.Electroplating .52 New Delhi - 110055
;Graphite powdering and incidental Processing .53 Ph. : 1098/23583117, 23583118
.Griding or glazing of metals .54
Diamond cutting and polishing .55
;Extraction of slate from mines .56
.Rag picking and scavenging .57
Processes involving exposure to excessive heat (e.g. work� .588
:ing near furnace) and cold
:Mechanised fishing .59
:Food Processing .60
:Beverage Industry .61
:Timber handling and loading .62
:Mechanical Lumbering .63
:Warehousing .64
Processes involving exposure to free silica such as slate, .65
pencil industry, stone grinding, slate stone mining, stone quarries,
.agate industry

48 47
 ANNEXURE III Saturday off. 10.00AM-5.00 PM
C
hairperson S
mt. Mamta Sahai
DETAILS OF CHILD WELFARE COMMITTEES IN DELHI 9899194397
Member S
h. D. B. Ambardar
Child Welfare Committee, Katurba Niketan, Lajapat a 9312319540
Nagar-II, New Delhi - 110024 “ Dr. Ram Narayan
Ph. No. 29819329 9910103255
Saturday off 10.00 AM to 5.00 PM “ Ms. Krinna Shah
C
hairperson Sh. Raaj Mangal Prasad 9650059755
9891788455 “ Dr. Sarita Sarangi
Member Sh. R. K. Rai 9868268991
9310682930
“ Smt. Paramjit Kaur Kukreja
9873658550
“ Smt. Vidya Sagar Gautam
9811295589
“ Sh. V. B. Pandey
9811178478

Child Welfare Committee, Nirmala Chhaya Complex, b

Jail Road, New Delhi Ph. No. 28520433
Tuesday off 10.00 AM to 5.00 PM
Chairperson Smt. Neera Mullick
9871552294
Member Smt. Seema Kandekar
9810821703
“ Smt. Karuna Narang
9811827899
“ S
mt. Satinder Bedi
9871621680
“ S
mt Charu Makkar
9899256061

Child Welfare Committee, Kinsway Camp, Delhi c

Saturday off 10.00 AM. 5.00 PM
Chairperson Sh. Nathu Singh
S
mt. Prabha Mathur Member 9250965369
9891811288
“ Sh. P.D. Napit
9899769952
9350516199 “ Sh. Randhir Kashyap
9312647752 “ Sh. Piyush Angreesh

Child Welfare Committee Mayur Vihar Phase-I Near .d

Police Colony, MCD Building, New Delhi, Ph. No. 22792910

50 49
 Annexure IV ANNEXURE V
Details of Juvenile Justice Board
THE DELHI JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) RULES NOTIFIED ON 04TH NOVEMBER, 2009 UNDER
Juvenile Justice Board I a THE JUVENILE JUSTICE ACT, 2000
Sewa Kutir Complex IMPORTANT PROVISIONS RELATED TO CHILD IN NEED OF CARE
Kingsway Camp, New Delhi-110009 AND PROTECTION
Ph.No. 27651437
Rule.19 - Child Welfare Committee—There shall be one or more
Child Welfare Committee in the NCT of Delhi, which shall be consti-
tuted by the State Government through a notification in the Official
Pr. Magis� Smt. Anuradha Shukla Bhardwaj .1 .Gazette as per sub-section (1) of Section 29 of the Act
trate 9910384787
—Rule. 20 - Composition of the Child Welfare Committee
,Member Smt. Jasmine Ahmed .2 The Committee shall consist of a Chairperson and four )1(
.other members, of whom at least one shall be a woman
Mem� Smt. Sushma Yadav .3 The Chairperson and members of the Committee shall be )2(
ber 9250723834 appointed on the recommendation of a Selection Committee set
.up by the State Government, for the purpose under rule 91

Juvenile Justice Board - II b The Selection Committee, while selecting the Chairperson )3(
C/o Prayas OHB-I and Members of the Committee, shall ensure that none of them
.are from any adoption agency or children institutions
Feroz Shah Kotala, Delhi Gate, Delhi-110002
Ph.No. 23318003 The State Government shall provide for such training and )4(
orientation in child psychology, child welfare, child rights, national
Pr. Magis�
Smt. Ruby Alka Gupta .1 and international standards for juvenile justice to all members
910384791 trate .of the Committee as it considers necessary
—Rule. 21 - Tenure of the Committee
Mem� Smt. Madhu Shukla .2 The Committee shall have a tenure of three years and the )1(
ber 9868982049 tenure of Chairperson and Members shall also be three years from
.the date of their appointment
Member Sh. Alok Kumar Mishra .3
9868748575 The Chairperson and Members of the Committee shall be )2(
.eligible for appointment for a maximum of two terms

Extension of the tenure of members of the Committee )3(
shall be on the basis of their performance appraisal by the State
.Government

With a view to ensuring continuity on completion of the )4(

tenure of a Committee, the State Government shall constitute a
new Committee before the expiry of the term of the existing
Committee; where after the existing Committee shall handover all

52 51
.records and information to the newly formed Committee
The Chairperson and Members may resign at any time by )5(
giving one month’s notice in writing or may be removed from office
.as provided in sub-section (4) of section 29 of the Act
Any casual vacancy in the Committee may be filled by )6(
appointment of another person from the panel of names prepared
by the Selection Committee, and shall hold office for the remaining
.term of the Committee
Rule. 22 - Qualifications for Chairperson and Members of the
—Committee
A person to be selected as a Chairperson or Member of )1(
the Committee shall have either of the following qualifications,
in addition to a minimum of seven years experience in their
:respective field
ya person with post graduate degree in social work, ps )i(
chology, child development, education, sociology, law, criminology
and, where such a person is not available, a person with at least
;a graduate degree in any of the social science disciplines
a teacher, doctor or a social worker who has been involved )ii(
,in work concerning children
The Chairperson or Member of the Committee shall be a )2(
person not less than 35 years of age and not more than 65 years
.of age at the time of appointment/ extension
rNo person shall be considered for Selection as a Chai )3(
-,person or Member of the Committee, if he
;has a previous conviction record )i(
has been involved in any immoral act or in an act of child )ii(
;abuse or employment of child labour
is holding such full-time occupation that may not allow him )iii(
to give necessary time and attention to the work of the Committee
;as per the Act and these rules
does not fulfill the qualification and experience prescribed )iv(
in the Act and the rules made thereunder, and in such a case the
Selection Committee shall after due inquiry and on establishment
of such fact, reject his application and recommend the name of the
next person from the list of names prepared for filling the vacan-
.cies
Rule. 23 - Sitting and conveyance allowances.—The Chair-
person and Members of the Committee shall be paid such travel
and sitting allowance, as the State Government may determine,
but it shall not be less than rupees one thousand per sitting per
,member
—Rule. 24 - Sitting of the Committee
The Committee shall hold its sittings in the premises of the )1(
children’s home or, at a place in proximity to the children’s home
.or, at a suitable premise in any institution run under the Act
On receiving information about child or children in need )2(
of care and protection, if circumstances are such that the child or
children cannot be produced before the Committee, the Committee
may move out to reach the child or children and hold its sitting at
.a place that is convenient for such child or children
The premises where the Committee holds its sittings shall )3(
be child-friendly and shall not look like a court room in any
manner whatsoever; for example, the Committee shall not sit on a
raised platform and the sitting arrangement shall be uniform and
.there shall be no witness boxes
The Committee shall meet five days a week, which may )4(
be extended by the State Government depending on case and
.pendency of work
A minimum of three-fourth attendance of the Chairperson )5(
.and Members of the Committee is necessary in a year
Every member of the committee shall attend a minimum )6(
of six hours per sitting during the official working hours which may
be extended by the state Government depending on pendency of
.work
Rule. 25 - Functions and Powers of the Committee.—The Com-
mittee shall perform the following functions to achieve the objectives
-:of the Act, namely
take cognizance of and receive children produced before )a(
;the Committee
;decide on the matters brought before the Committee )b(
reach out to such children in need of care and protection )c(
54 53
who are not in a position to be produced before the Committee,
being in difficult circumstances, with support from District Child
Protection Unit or State Child Protection Unit or the State Govern-
;ment
conduct necessary inquiry on all issues relating to and )d(
;affecting the safety and well being of the child
direct the Child Welfare Officers or Probation Officers or )e(
non - governmental organizations to conduct social inquiry and
.submit a report to the Committee
ensure necessary care and protection, including immediate )f(
;shelter
ensure appropriate rehabilitation and restoration, including )g(
passing necessary direction to parents or guardians or fit persons
or fit institutions in this regard, in addition to follow-up and coordina-
tion with District Child Protection Unit or State Adoption Resource
;Agency and other agencies
direct the Officer-in-charge of children’s homes / shelter )h(
home / drop-in-centres to receive children requiring shelter
;and care
document and maintain detailed case record along with a )i(
;case summary of every case dealt by the Committee
;provide a child-friendly environment for children )j(
recommend ‘fit institutions’ to the State Government for the )k(
;care and protection of children
;’declare ‘fit persons )l(
;declare a child legally free for adoption )m(
keep information about and take necessary follow-up action )n(
;in respect of missing children in their jurisdiction
maintain liaison with the Board in respect of cases needing )o(
;care and protection
visit each institution where children are sent for care and )p(
protection or adoption at least once in three months to review the
condition of children in institutions, with support of the State Gov-
;ernment and suggest necessary action
monitor associations and agencies within their jurisdiction )q(
that deal with children in order to check on the exploitation and
;abuse of children
co-ordinate with the Police, Labour Department and other )r(
agencies involved in the care and protection of children with the
support of District Child Protection Unit or State Child Protection
;Unit or State Government
liaison and network with the corporate sector and non )s(
- governmental organizations for any of the above,
including for social inquiry, restoration and rehabilitation, as and
.when required; and
lmaintain a suggestion box to encourage inputs from chi )t(
.dren and adults alike and take necessary action
—.Rule. 26 - Procedure in relation to Committee
tThe quorum for the meeting shall be three members a )1(
.tending, which may include the Chairperson
Any decision taken by an individual member, when the )2(
Committee is not sitting, shall require ratification by the Committee
.in its next sitting
The Committee shall take into consideration the age, )3(
developmental stage, physical and mental health, opinion of the
child and the recommendation of the child welfare officer or case-
.worker, prior to disposal of cases
For final disposal of a case, the order of the Committee shall )4(
.be signed by at least two members, including the Chairperson
—.Rule. 27 - Production of a Child before the Committee
A Child in need of care and protection shall be produced )1(
before the Committee within twenty-four hours, excluding journey
-time, by one of the following persons
sany police officer or Special Juvenile Police Unit or a de )a(
;ignated police officer
;any public servant )b(
childline, a registered voluntary organization or by such )c(
other voluntary organization or an agency as may be recog-
;nized by the State Government
;social worker )d(
any public spirited citizen; or )e(
.by the child himself )f(
Whenever the above mentioned person/s takes charge of )2(
Child in Need of Care and Protecion, the information shall be given
to the Police Control Room and Child Line as soon as posible, giving
the details of the child, the situation from wchih rescued, the time
at which the person took charge of the child including the place.
The person taking charge of the child shall also give his details
like Name, Address and Organisations for which he is working and
.other relevant details of members of the rescue team
In case of a child under two years of age, who is medically )3(
unfit, the person or the organization shall send a written report along
with the photograph of the child to the Committee within twenty-four
hours and produce the child before the Committee as soon as the
.child is medically fit along with a medical certificate to that effect
56 55

The Committee can suo motu take cognizance of cases )4(
brought to their notice and reach out to a child in need of care
and protection where necessary and the District or the State Child
Protection Unit or the State Government shall provide necessary
support and assistance to the Committee for carrying out
.such functions
In case the Committee is not sitting, the child may be )5(
produced before the single member of the Committee as per the
provisions laid down under the sub-section (2) of section 30 of the
Act for being placed in safe custody of parent of guardian or fit
person or fit institutions, as the case may be, till such time that the
.child can be produced before the Committee
In case the single member is also not accessible, or that )6(
the hours are odd, the child shall be taken by an non-governmental
organization or Childline or Police to an appropriate institution for
children registered under the Act with all the necessary documents,
and placed in such institution till the time of production before the
.Committee
The concerned institution shall inform the Chairperson or a )7(
member of the Committee about such child and produce the child
before the Committee within twenty four hours and in such cases,
it may not be necessary for the persons who brings a child in need
of care and protection to an institution to be present at the time of
.production of the child before the Committee
Whoever produces a child before the Committee shall )8(
submit a report on the circumstances under which the child came
to their notice and efforts made by them on informing the police
and the missing persons squad and in cases where a recognized
voluntary organization or any police personnel produce a child be-
fore the Committee, they shall also submit a report on the efforts
.made by them for tracing the family of the child
lAny general medical of gynecological examination of chi )9(
dren shall not be a pre-requisite for production of the child before
.the Committee or admission in an institution
The Committee shall facilitate the filing of a police complaint )10(
and First Information Report in cases of missing children as well as
matters of violence, exploitation and abuse of children and arrange
for required legal aid through the Legal Officer in the District Child
Protection Unit or District or State Legal Aid Services Authority or
.voluntary organizations
Each Committee shall send quarterly information about )11(
children in need of care and protection received by them to the
.District or State Child Protection Unit or State Government
Children shall be provided a child-friendly environment )12(
.during the proceeding of the Committee
The Committee shall have an empanelled list of lawyers, )13(
social workers and mental health expert who may assist the Com-
mittee in dealing with cases of abused children and who may also
interface with the Public Prosecutor or Assistant Public Prosecutor
to facilitate legal services to the abused children, when the
cases relating to such children are taken up in regular criminal
.courts
Every possible effort shall be made to trace the family with )14(
support from the District Child Protection Unit, and assistance or
recognized voluntary organizations, childline or police may also be
.taken
The Committee shall send the child to the designated place )15(
of safety, with age and gender appropriate facilities, pending inquiry
and in such eventuality, the District Child Protection Unit or State
Child Protection Unit or State Government shall provide transport
or make necessary budgetary allocations for such expenses based
.on the actual fare
eThe child may be escorted by the police officer or repr )16(
sentative of the voluntary organization or by any other arrangement
as considered appropriate by the Committee with support from
the District Child Protection Unit and in case of a girl child, a
.female escort shall accompany the child
A list of all recognized child care institutions along with their )17(
capacity and appropriate facilities as prescribed under section 34
of the Act, a list of all child related resource services and a list of
contact details of all Child Welfare Committee across the country
shall be provided to the Committee by the District Child Protection
.Unit or State Government
The Committee may, while making an order in Form VIII )18(
placing a child under the care of a parent, guardian on fit person
pending inquiry or at the time of restoration, as the case may be,
58 57
direct such parent, guardian or fit person to enter into an undertak-
.ing in Form IX
Whenever the Committee orders a child to be kept in an )19(
institution, it shall forward to the Officer-in-charge of such institu-
tion a copy of the order of short term placement pending inquiry, in
Form X with particulars of the home and parents or guardian and
.previous record
Whenever the Committee orders a child to be kept in a )20(
fit institution as part of restoration under clause (f) of sub-section
(3) of section 39 of the Act, if shall forward a copy of its order of
.restoration in Form XI to the Officer-in-charge of such institution
The child shall be placed in an institution closest to where )21(
his parents or guardians belong as far as possible, unless the
child has been subjected to abuse or exploitation by parents or
.guardians
—.Rule. 28 - Procedure for inquiry
mWhen a child is brought before the Committee, the Co )1(
mittee shall assign the case to a social worker or caseworker of
child welfare officer or Officer-in-charge as the case may be, of
the institution or any recognized agency for conducting the inquiry
.through an order in Form-XII
rThe Committee shall direct the concerned person or o )2(
ganization about the details or particulars to be enquired into for
,developing an individual care plan and suitable rehabilitation
All inquiries conducted by a social worker or caseworker
or child welfare officer or Officer-in-charge of the institution or any
recognized agency shall be as per Form-XIII and must provide an
assessment of the family situation of the child in detail, and explain
in writing whether it will be in the best interest of the child to restore
.him to his family
The inquiry must be completed within four months or within )4(
such shorter period as may be fixed by the Committee. Provided
that the Committee may, in the best interest of the child and for
the reasons to be recorded in writing, extend the said period under
.special circumstances
After completion of the inquiry, if, the child is under orders )5(
to continue in the children’s home, the Committee shall direct
the Officer-in-charge of the home to submit quarterly progress
report of such child and produce the child before the Committee
.for an annual review of the progress
Rule. 29 - Children’s Homes.—The State Government itself or in
association with voluntary organizations, shall set up separate
homes for children in need of care and protection, in the manner
-specified below
uall children’s homes shall be registered as child care instit )a(
tions under sub-section (3) of section 34 of the Act and rule 71 of
;these rules
all children’s homes shall be certified as per the procedure )b(
;laid down in rule 70
tall children’s homes shall report to the concerned Commi )c(
tee about every child in need of care and protection received by
;them
children of both sexes below ten years may be kept in the )d(
same home but separate facilities shall be maintained for boys and
;girls in the age group 5 to 10 years
every children’s home shall include separate facilities for )e(
children in the age group of 0-5 years with appropriate facilities for
;the infants
separate children’s homes shall be set up for boys and )f(
;girls in the age group 10 to 18 years
gchildren in the age group of 10 to 18 shall be further se )g(
.regated into two groups of 10 to 15 years and 15 to 18 years
Each children home shall be a comprehensive child care )2(
center with the primary objective to promote an integrated approach
to child care by involving the community and local Non-Govern-
mental Organizations through the Management Committee set up
)3(
under rule 55 of these rules and the District Child Protection Unit
or State Child Protection Unit or the State Government shall make
an annual performance review of functioning of the children’s
.homes
:The activities of such centre shall focus on )3(
preparing and following individual care plans for every )a(
child, with rights based approach, specifically addressing the
child’s physical and mental health, emotional needs, education,
;skill development, protection and special needs if any
family based non-institutional services, such as, foster )b(
;family care, adoption and sponsorship
specialized services in situations of conflict or disaster )c(
and for juvenile or children affected by terminal or incurable
disaster to prevent neglect by providing family counseling,
nutrition, health interventions, psycho-social interventions and
60 59
;sponsorship
emergency outreach service through childline (Toll free )d(
.)helpline No. 1098
linkages with Integrated Child Development Services to )e(
;cater to the needs of children below six years
linkages with organizations and individuals who can provide )f(
.support services to children; and
ropportunities to volunteers willing to provide various se )g(
.vices for children
—.Rule. 30 - Shelter Homes
For children in urgent need of care and protection, such as )1(
street children and run-away children, the State Government shall
support creation of requisite number of shelter homes or drop-in-
.centres through the voluntary organizations
:Shelter homes shall include )2(
short-stay homes for children needing temporary shelter, )a(
,care and protection for a maximum period of one year
transitional homes providing immediate care and protection )b(
.to a child for a maximum period of four months
hour drop-in-centres for children needing day care or 24 )c(
.night shelter facility
iThe shelter homes or drop-in-centres shall have the facil )3(
ties of boarding and lodging, besides the provision for fulfillment
of basic needs in terms of clothing, food, health care and nutrition,
.safe drinking water and sanitation
There shall be separate shelter homes for girls and boys )4(
.as per rule 40(2)(d) of these rules
All shelter homes shall provide requisite facilities for )5(
education, vocational training, counselling and recreation or make
arrangements for it in collaboration with voluntary organizations or
.corporate sector
rThe Committee, Special Juvenile Police Units, public se )6(
vants, Childlines, voluntary organizations, social workers and the
.children themselves may refer a child to such shelter homes
All shelter homes shall submit a report of children using )7(
the shelter home facility along with a photograph of the child to
the Committee, the missing persons bureau or special juvenile
police unit and the District Child Protections Unit or the State Child
.Protection Unit
The requirements of producing a child received by a shelter )8(
home before the Committee, inquiry and disposal under sections
32, 33, 38 and 39 of the Act shall apply only to shelter homes other
.than drop-in-centres as specified in rule 30(2)(c) of these rules
The services of Officer-in-charge, child welfare officer, )9(
social worker shall be provided for the proper care, protection,
development, rehabilitation and reintegration needs of children
.in shelter homes
No child shall ordinarily stay in a short stay home for more )10(
than a year except in special circumstances with the approval of
.the Committee
Rule. 31- Guidelines for prevention of sexual abuse of
children.—The State Government, the Juvenile Justice Board,
the Child Welfare Committee, other competent authorities and
agencies shall, in the best interest of children, ensure that every
person, school or such other educational institutions abide by the
guidelines issued from time to time by Central Government and
.State Government
JUVENILE IN CONFLICT WITH LAW
Rule. 4 - Juvenile Justice Boards.—There shall be one or more
Juvenile Justice Boards in the National Capital Territory of Delhi,
which shall be constituted by the State Government as per section
.4 of the Act
Rule. 5 - Composition of the Juvenile Justice Board.—(1)
The Board shall consist of a Metropolitan Magistrate or a Judicial
Magistrate of the first class, as the case may be, and two social
workers of whom at least one shall be a woman, forming a bench:
Provided that the Principal Magistrate of the Board shall review the
pendency of cases are the Board and take such steps, as may be
.necessary in the expeditious disposal of the cases
Every such bench shall have the powers conferred by the )2(
.)Code of Criminal Procedure,1973 (2 of 1974
A Magistrate with special knowledge or training in child )i( )3(
psychology or child welfare shall be designated as the Principal
.Magistrate of the Board
lIn case the Principal Magistrate with such special know )ii(
edge or training is not available, then, the State Government shall
provide for such shor term training in child psychology or child
.welfare as it considers necessary
62 61

The two social workers, of whom at least one shall be )4(
a woman, shall be appointed by the State Government on the
recommendation of the Selection committee set up under rule 91
.of these rules
The State Government shall provide for such training and )5(
orientation in child psychology, child welfare, child rights, national
and international standards for juvenile justice to all mem-
bers of the board as it considers necessary, in accordance with the
.Integrated Child Protection Scheme of the Central Government
Rule. 8 - Sitting and conveyance allowances.—The social worker
members of the Board shall be paid such travel and sitting al-
lowance, as the State Government may determine, but it shall not
.be less than rupees one thousand per sitting
Rule. 9 - Sittings of the Board.— (1) The Board shall hold its
sittings in the premises of an Observation Home or, at a place in
proximity to the observation home or, at a suitable premise in any
institution run under the Act, and in no circumstances shall the
.Board operate from within any court premises
The premises where the Board holds its sittings shall be )2(
child-friendly and shall not look like a court room in any manner
whatsoever; for example, the Board shall not sit on a raised platform
and the sitting arrangement shall be uniform, and there shall be no
.witness boxes
The Board shall meet on all working days of a week, unless )3(
the case pendency is less in a particular district and concerned
.authority issues an order in this regard
A minimum of three-fourth attendance of the Chairperson )4(
.and Members of the Board is necessary in a year
Every member of the Board shall attend a minimum of six )5(
.hours per sitting
Rule. 11- Pre and Post- Production action of police and other
-:agencies
In dealing with cases of juvenile in conflict with law the )1(
Police or the Juvenile or the Child Welfare Officer from the near-
est police station, shall not be required to register an FIR or file a
charge- sheet, except where the offence alleged to have been com-
mitted by the juvenile is of a serious nature such as rape, murder or
when such offence is alleged to have been committed jointly with
adults: instead, in matters involving simple offences, the police
or juvenile or the Child Welfare Officer from the nearest police sta-
tion shall record information regarding the offence alleged
to have been committed by the juvenile in the general daily diary
followed by a report containing social background of the juvenile
and circumstances of apprehension and the alleged of-
.fence and forward it to the Board before the first hearing
The police or the Juvenile or the Child Welfare Officer )2(
from the nearest police station, shall exercise the power of
apprehending the juvenile only in cases of his alleged involvement
in serious offences (entailing a punishment of 7 years or more
.)imprisonment for adults
For all other cases involving offences of non-serious nature )3(
(entailing a punishment of less than 7 years or more imprisonment
for adults) and cases where apprehension is not necessary in
the interest of the juvenile, the police or the Juvenile or the Child
Welfare Officer from the nearest police station, shall intimate the
parents or guardian of the juvenile about forwarding the
information regarding nature of offences alleged to be committed
by their child or ward along with his socio-economic background
to the Board, which shall have the power to call the juvenile for
subsequent hearing. Whenever a juvenile is apprehended “ap-
prehension memo” I Form – XXV shall be prepared. The personal
search of the juvenile shall be conducted and Form –XXVI shall be
filled with relevant information. When a juvenile or child requires to
be medically examined, request for Medical Examination Report
.in Form- XXIV shall be prepared
In such cases where apprehension apparently seems to be )4(
in the interest of the juvenile, the police or the juvenile or the Child
Welfare Officer from the nearest police station, shall rather treat the
juvenile as a child in need of care and protection and produce him
before the Board, clearly explaining the juvenile’s need for case
and protection in its report and seek appropriate orders from the
.Board under rule 13 (1) (b) of these rules
As soon as a juvenile alleged to be in conflict with law )5(
is apprehended by the police, the concerned police
:officer shall inform
The designated Juvenile or the Child Welfare Officer in )a(
;the nearest police station to take charge of the matter
The parents or guardian of the juvenile alleged to be in )b(
64 63
conflict with law about the apprehension of the juvenile, about the
address of the Board where the juvenile will be produced and the
date time when the parents or guardian need to be present before
.)the Board (as per form XXIII
The concerned probation officer, of such apprehension to )c(
enable him to obtain information regarding social background of
the juvenile and other material circumstances likely to be of as-
sistance to the Board for conducting the inquiry. The Investigating
Officer shall record the child version of the incident in the presence
of Juvenile Welfare Officer / fit person/ parents/ guardian. The
child version of the incident shall be verified and if it comes to notice
that an adult has caused the juvenile to be in the conflict situation
an action against such adult has adult shall be initiated keeping
the interest of juvenile in mind and to ensure that he keeps away
from such influence. The child version of the incident along with
the verification of the same shall be produced before the Juvenile
.Justice Board
Soon after apprehension, the juvenile shall be placed )6(
under the charge of the Juvenile or Child Welfare Officer from the
.nearest police station
The police apprehending a juvenile in conflict with law shall )7(
in no case put send the juvenile in lock-up or delay his charge be-
ing transferred to the Juvenile or the Child Welfare Officer
.from the nearest police station
A list of all designated Juvenile or Child Welfare Officers in )8(
a district and members of Special Juvenile Police Unit with contact
.details shall be prominently displayed in every station
The police or the Juvenile or the Child Welfare Officer )9(
from the nearest police station, shall also record the social
background of the Juvenile and circumstances of apprehension
and offence alleged to have been committed in the case diary of
.each juvenile, which shall be forwarded to the Board forthwith
For gathering the best available information it shall be )10(
incumbent upon the police or the Juvenile or the Child Welfare
Officer from the nearest police station, to contact the parents or
guardians of the juvenile and also apprise them of the juvenile’s
.law breaking behaviour
The Police or the Juvenile or the Chile Welfare Officer from )11(
the Special Juvenile Police Unit, or the recognized voluntary
organization shall be responsible for the safety and provision of food
and basic amenities to the juveniles apprehended or kept under
.their charge during the period such juveniles are with them
The State Government shall recognize only such voluntary )12(
organizations that are in a position to provide the services of
probation, counselling, case work, a safe place and also associate
with the Police or the Juvenile or the Child Welfare Officer from the
Special Juvenile Police Unit, and have the capacity, facilities and
expertise to do as protection agencies that may assist the Police
or the Juvenile or the Child Welfare Officer from the police at the
time of apprehension, in preparation of the report containing social
background of the juvenile and circumstances of apprehension and
the alleged offence, in taking charge of the juvenile until production
before the Board, and in actual production of the juvenile before
.the Board within twenty-four hours
The Juvenile or the Child Welfare Officer from the )a( )13(
nearest police station, or where such officer has not been desig-
nated as per provisions laid down under sub-section (2) of
section 63 of the Act or is not available for some official reasons,
the police officer who had apprehended the juvenile shall produce
the juvenile before the Board within 24 hours as per sub section 1
.of section 10 of the Act
In case the Board is not sitting, the juvenile in conflict with )b(
law shall produced before a single member of the Board as per
the provisions laid down under the sub-section (2) of section 5 of
.the Act
When a juvenile is produced before an individual member )c(
of the Board, and an order obtained, such order shall need ratifica-
.tion by the Board in its next meeting
When the juvenile is released when apprehension is a .14
case is not warranted then an undertaking on a non-judicial paper,
of the parents/ guardians or a fit person in whose custody the
juvenile/child in conflict with law is released in the interest of the
child, shall be made in form –XXVII to ensure their presence on
.the dates during enquiry/proceedings of the Board
Rule. 12 - Procedure to be followed in determination of
—Age
In every case concerning a child or a juvenile in conflict )1(
with law, the court or the Board or as the case may be the Com-
mittee referred to in rule 19 of these rules shall determine
the age of juvenile or child or a juvenile in conflict with law within a
66 65
period of thirty days from the date of making of the application for
.the purpose
The court or the Board or as the case may be the Committee )2(
shall decide the Juvenility or otherwise of the juvenile or the child
or as the case may be the juvenile in conflict with law, prima facie
on the basis of physical appearance or documents, if available,
.and send him to the observation home or in jail
In every case concerning a child or juvenile in conflict with )3(
law, the age determination enquiry shall be conducted by the court
or the Board or, as the case may be the committee by seeking
—evidence by obtaining
the date of birth certificate from the school (other than a )a)(i(
;play school) first attended; and in the absence where of
the birth certificate given by a corporation or a municipal )ii(
;authority or a panchayat
;the matriculation of equivalent certificates, if available )iii(
and only in the absence of either (i), (ii) or (iii) of clause (a) )b(
above, the medical opinion will be sought from a duly constituted
Medical Board, which will declare the age of the Juvenile or child.
In case exact assessment of the age cannnot be done, the Court or
the Board or, as the case may be, the Committee, for the reasons
to be recorded by them, may, if considered necessary, give benefit
to the child or juvenile by considering his/her age on lower side
within the margin of one year and, while passing orders in such
case shall after taking into consideration such evidence as may
be available, or the medical opinion, as the case may be, record a
finding in respect of his age and either of the the evidence specified
in any of the clauses (a) i,ii,iii or in the absence whereof, clouse
(b) shall be the conclusive proof of the age as regards such child
.or the juvenile in conflict with law
If the age of a Juvenile or child or the Juvenile the conflict )4(
with law is found to be below 18 years on the date of offence, on
the basis of any of the conclusive proof specified in sub-rule (3), the
court or the board as case may be the Committee shall in writing
pass an order stating the age and declaring the status of juvenility
or otherwise, for the purpose of the Act and these rules
and a copy of the order shall the given to such juvenile or the par-
.ent / guardian/person concerned
Save and except where, further inquiry or otherwise is )5(
required, inter alia, in terms of section 7A, section 64 of the Act
and these rules, no further inquiry shall be conducted by the court
or the Board after examining and obtaining the certificate or any
.other documentary proof referred to in sub-rule (3) of this rule
The provisions contained in this rule shall also apply to )6(
those disposed off cases, where the status of juvenility
has not been determined in accordance with the provisions
contained in sub rule (3) and the Act, requiring dispensation of the
sentence under the Act for passing appropriate order in the interest
.of the Juvenile in conflict with law
—Rule. 13 - Post-production processes by the Board
On production of the juvenile before the Board, the report )1(
containing social backgound of the juvenile and circumstances of
apprehension and offence alleged to have beed committed provided
by the officers individuals, agencies producing the juvenile shall be
reviewed by the Board and the Board shall pass the following order
—in the first summary inquiry on the same day, namely
dispose of the case, if the evidence of his conflict with law )a(
appears to be unfounded or where the juvenile is involved in trivial
.law breaking
transfer to the committee, matters concerning juvenile )b(
clearly stated to be in need of care and protection in the police report
;submitted to the Board at the time of production of the Juvenile
release the juvenile in the supersivion or custody of fit )c(
persons or fit institutions or probation officer as the case may be,
through an order in Form-I, with a direction to appear or present a
;juvenile for an inquiry on a next date
detain the juvenile in an observation Home or fit institution )d(
pending inquiry, only in cases of juvenile’s involvement in serious
;offences as per an order in Form-II
in all cases of release pending inquiry, the Board shall )e(
notify the next date of hearing, not later than 15 days of the first
summary enquiry and also seek social investigation report form the
.concerned Probation Officer through an order in Form-III
The Board shall take the following steps to ensure fair and )2(
-: speedy inquiry
at the time of initiating the inquiry, the Board shall satisfy )a(
itself that the juvenile in conflict with law has not been subjected to
any ill-teatment by the police or by any other person,
including a lawyer or probation officer and take corrective steps in
;case of such ill-treatment
nin all cases under the Act the proceedings shall be co )b(
ducted in as simple a manner as possible and care shall be taken
to ensure that the juvenile, against whom the proceddings have
been instituted, is given child-friendly atmosphere during the pro-
68 67
;ceeddings
every juvenile brought before the Board shall be given the )c(
:opportunity to be heard and participate in his inquiry
cases of petty offences, if not disposed off by the Special )d(
Juvenile Police Unit or at the police station itself, may be disposed
off by the Board through summary porceedings or inquiry, while in
cases of heinous offences entailing punishment of 7 years or more
;prescribed for adults, due process of inquiry in detail may follow
even in cases of inquiry pertaining to serious offences the )e(
.Board shall follow the procedure of trial in summons cases
When witnesses are produced for examination in inquiry )3(
relating to a juvenile in conflict with law, the Board shall keep in
mind that the inquiry is not to be conducted in the spirit of strict
adversarial proceedings and it shall use the powers con-
ferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872)
so as to question the juvenile and proceed with the presumptions
.that favour the juvenile’s right to be restored
While examining a juvenile in conflict with law and recording )4(
his statement, the Board shall address the juvenile in a child-friendly
manner in order to put the juvenile at ease and to encourage him
to state the facts and circumstances without any fear, not only in
respect of the offence of which the juvenile is accused, but also in
respect of the home and social surroundings and the influence to
.which juvenile might have been subjected
The Board may take into account the report of the Police )5(
containing circumstances of apprehension and offence alleged to
have been committed and the social investigation report in Form-
IV prepared by the Probation Officer or the voluntary organization
on the orders of the Board as per Form-III, along with the evidence
produced by the parties for arriving at a conclusion about the juve-
.nile
Every inquiry by the Board shall be completed within a )6(
period of four months after the first summary inquiry and only in
exceptional cases involving trans-national criminality, large number
of accused and inordinate delay in production of witnesses, the
period of inquiry may be extended by two months on recording of
.reasons by the Board
fIn all other cases except where the nature of alleged o )7(
fence is serious, delay beyond four to six months shall lead to
.the termination of the proceedings
Where the proceedings are delayed beyond six months )8(
on account of serious nature of the offence alleged to have been
committed by the juvenile, the Board shall send a periodic report
of the case to the Chief Judicial Magistrate or Chief Metropolitan
Magistrate stating the reason for delay as well as steps being taken
.to expedite the matter
—Rule. 14 - Legal Aid
The proceedings before the Board shall be conducted in )1(
non-adversarial environment, but with due regard to the fact that
the principle of due process guarantees such as right to counsel
.and free legal aid
The Board shall ensure that the Legal Officer in the District )2(
Child Protection Unit and the State Legal Aid Services Authority
shall extend free legal services to all the juvenile in conflict with
.law
The Legal Officer in the District Child Protection Unit and )3(
the State Legal Aid services Authority shall be under an obligation
.to provide Legal services sought by the Board
In the event of shortfall in the State Legal Aid Services )4(
support, the Board shall be repsonsible for seeking legal services
from recognized voluntary legal servises organisations
.or the university legal services clinics
The Board may also deploy the services of the student legal )5(
services volunteers and non-governmental organisation voulnteers
in para-legal tasks such as contacting the parents of juveniles in
conflict with law and gathering relevant social and rehabilitative
.information about the juveniles
Rule. 15 - Completion of Inquiry and Dispositional Alternatives.—
(1) The Board shall complete every inquiry within the stipulated time
of four months and on recording a finding about juvenile’s involve-
ment in the alleged offence, pass one of the seven dispositional
.orders enumerated in section 15 of Act
Before passing an order, the Board shall obtain a social )2(
investigation report prepared by the probation officer or by a rec-
ognized voluntary organization ordered to do so by the Board. and
.take the findings of the report into account
All dispositional order passed by the Board shall necessarily )3(
include an individual care plan for the concerned juvenile in conflict
with law, prepared by a probation officer or voluntary organization
on the basis of interaction with the juvenile and his family where
70 69

.possible
Where the Board decides to release the juvenile after )4(
advice and admonition or after participation in group counseling
or orders him to perform community service, necessary direction
may also be made by the Board to the District or State Child Pro-
tection Unit or the State Government for arranging such individual
.counselling, group counseling and community service
Where the Board decides to release the Juvenile in conflict )5(
with law on probation and place him under the care of the parent
or guardian or fit person, the person in whose custody the juvenile
is released may be required to submit a written undertaking in
Form-V for the good behaviour and well-being of the juvenile for
.a maximum period of three years
The Board may order release of a juvenile in conflict with
.law on execution of a personal bond without surety in Form VI
In the event of placement of Juvenile in Conflict with law
in care of a fit institution or special home, the Board shall keep in
mind that the fit institution or special home is located nearest to the
.place of residence of the juvenile’s parent or guardian
The Board, where it release a juvenile in conflict with law )8(
on probation and places him under the care of parent or
guardian or fit person or where the juvenile is released on proba-
tion and placed under the care of fit institution, may order that the
juvenile be placed under the suprevision of a probation officer. The
.Period of supervision shall be maximum of three years
mThe State Government shall make arrangement for co )12(
plying with the detention of special category of juveniles in conflict
.with law in place of safety other than the special home
In no case the period of detention shall exceed beyond )13(
the maximum period provided in clause (g) of sub-section (1)
.of section 15 of the Act
—.Rule. 16 - Institutions for juveniles in conflict with law
gThe State Government or the voluntary organization reco )1(
nized by that State Government shall set up separate observation
.homes or special homes for boys and girls
The observation homes or special homes shall set up )2(
separate residential facilities for boys and girls up to 12 years, 13-
.15 years and 16 years and above
)6(
Every institution shall keep a copy of the Act, the rules made )3(
)7( by the Central Government and the State rules if any, for use by
.both staff, juveniles and children residing therein
The State Governments in collaboration with civil society )4(
shall develop and make available simplified and child friendly
.versions of the Act and the rules in regional languages
All facilities and services for juveniles in conflict with law )5(
shall be made available and maintained as per the provisions of
.the Act and the State rules

Where the Board decides that a juvenile in conflict with )9(

law ought to be treated as a child in need of care and protection, it
shall make necessary orders for production of such juvenile before
the nearest Committee for suitable care, protection and rehabilita-
.tion
Where it appears to the Board that the juvenile in conflict )10(
with law has not complied with probation conditions, it may order
.the juvenile to be sent for detention in a special home
Where a juvenile in conflict with law who has attained the )11(
age of sixteen years and the offence committed by him is of such a
serious nature that in the satisfaction of the Board, it is neither in the
interest of the juvenile himself nor in the interest of other juveniles
of the special home, the Board may order the juvenile to be kept
in a place of safety and in a manner considered most appropriate
.by it
—Rule. 17- Release
The Officer-in-charge shall maintain a roster of the cases )1(
of juveniles in conflict with law to be released on the expiry
.of the period of stay as ordered by the Board
tEach case shall be placed before the Management Commi )2(
tee set up under rule 55 or these rules by the concerned probation
officer of child welfare officer or case worker for ensuring proper
.release and social mainstreaming of the juvenile post-release
The release shall be as per the pre-release and post- )3(
release plan prepared under the individual care plan and reviewed
from time to time by the management committee set up under rule
55 of these rules and in all cases of release, necessary action and
preparation shall be initiated well before the time of release and

72 71
.shall include preparation for post-release follow-up
The timely information of the release of a juvenile and of )4(
the exact date of release shall be given to the parent or guardian
and the parent or guardian shall be invited to come to the
.institution to take charge of the juvenile on that date
dIf necessary, the actual expenses of the parent’s or guar )5(
ian’s journey both ways and of the juvenile’s journey from the institu-
tion shall be paid to the parent or guardian by the Officer-in-charge
.at the time of the release of the juvenile
If the parent or guardian, as the case may be, fails to come )6(
and take charge of the juvenile on the appointed date, the Juvenile
shall be taken to his parents or guardian by the escort of the Ju-
venile Police Unit and incase of a girl, she shall be escorted by a
female escort, who shall handed over her custedy to her parents/
.guardians
At the time of release or discharge, a juvenile shall be )7(
provided with a set of summer or winter clothing and essential
.toiletries, if the Officer-in-charge considers it necessary
If the juvenile has no parent or guardian, he may be sent to )8(
an aftercare organization, or in the event of his employment,
.to the person who has undertaken to employ the juvenile
The Officer-in-charge of a girl’s institution may, subject to )9(
the consent of the girl and the approval of the competent au-
thority, help the girl with her social re-integration by way of sending
a girl above the age of eighteen years to an after care programme
or, helping her with some vocation or gainful employment or, help-
ing her settle into family life according to the procedure laid down
,by the competent authority from time to time
The Officer-in-Charge shall order the discharge in Form-VII )10(
of any juvenile whose detention period has come to an end and
inform the competent authority within seven days of the action taken
and if the date of release falls on a Sunday or a public holiday, the
juvenile may be discharged on the preceding day with an entry to
.that effect being made in the register of discharge
The Officer-in-charge shall in appropriate cases, order the )11(
payment of subsistence money, at such rates as may be fixed from
time to time, by the State or the District Child protection Unit or the
State Government, and the railway or road, or both, fares, as the
.case may be
In deserving cases, the Officer-in-charge may provide the )12(
juvenile with such small tools, as may be necessary, to start a work
or business subject to such maximum cost as may be fixed by the
.institution which shall also form part of the post-release plan
Where a girl has no place to go after release and requests )13(
for stay in the institution after the period of her stay is over, the
Officer-in-charge may, subject to the approval of the competent
authority, allow her stay till the time some other suitable arrange-
.ments are made
Rule. 18 - Procedure to be followed in respect of sections 21,
—.22, 23, 24, 25, and 26 of the Act
In the event of violation of provisions laid down under )1(
-.section 21 of the Act
the Board shall take cognizance of such violation by print )a(
or electronic media and shall initiate necessary inquiry
and pass appropriate orders as per provisions contained in
subsection (2) of section 21 of the Act; and
where the National or the State Commission for Protection )b(
of Child Rights takes suomotu cognizance of violation under section
21 of the Act, it shall inform the District or the State Child Protection
Unit of the concerned district and the State directing them to initiate
.necessary action through the Board
In the event of an escape of juvenile in conflict with law )2(
or a child, the following action shall be taken within twenty-four
-,hours
the Officer-in-Charge of any institution shall immediately )a(
send a report to the area Police Station or Special Juvenile
Police Unit along with the details and description of the juvenile or
child, with identification marks and a photograph, with a copy
to the Board, District Child Protection Unit and other authorities
;concerned
the Officer-in-charge of institutions other than shelter homes )b(
or drop-in-centres shall send the guards or concerned staff in
search of the juvenile, at places like railway stations, bus stands
;and othere places where the juvenile is likely to go
the parents or guardians shall be informed immediately )c(
about such escape; and
the Officer-in-charge of an institution other than a shelter )d(
home or drop-in-centre shall hold an inquiry about such escape
74 73
and send his report to the Board or Committee and the authorities
concerned and the report shall be placed before the Management
Committee set up under rule 55 of these rules in the next meeting
.for review
The offences against a juvenile in conflict with law or a child )3(
specified in sections 23 shall be cognizable and bailable. When
an officer-in- Charge of an institution owned and run by the State
Government is accused of an offence under section 23, alleged
to have been committed by him while acting or purporting to act
in the discharge of his official duty, no court shall take cognizance
of such offence nor shall the Officer-in-Charge be arrested axcept
.with the previous sanction of the State Government
The offences is against a juvenile in conflict with law or a )4(
child specified in sections 24, 25 and 26 shall be non-bailable
besides being cognizable under the provisions of the code of Crimi-
nal Procedure, 1973 (2 of 1974) and the procedure shall
apply on the police, the board and the concerned authorities and
.functioneries accordingly
ANNEXURE VI
OFFICE OF THE COMMISSIONER OF POLICE : DELHI
CIRCULAR
No. 44/C&T/AC-II, 2003
Subject : Handling of Street Children in Delhi, expecially young girls
.on the streets
Serious concern has been expressed over a very sensitive and
humanitarian issue concerning street children in Delhi especially young girls
on the streets. It has been observed that a group of such victimized girls
while trying to fend for themselves on the streets and crossings and other
public places, are being subjected to very harsh & inhuman treatment by
undesirable elements at times by field level police staff also. They have
.also complained of sexual abuse and molestation by such elements
While there is an urgent need for launching a specific programme
for such children especially girls to provide them training for skill upgradation
and such protection by the social Welfare Department, there is also a need
for sensitizing the police personnel for treating the children with a human
face and better understanding. These children should feel protected and
.properly guided
All districts/Unit DCsP should brief their staff including beat and
division officers to handle the street children with care. The sensitization
course for the local beat and division staff should also be held and feed
.back thereof should be sent to concerned joint CPs
oJoint C.P. Training may also devise a course for sensitizing p
lice personnel on the plight of street children and to avoid unnecessary
.harassment
.Sd
.DCP. / HQ
For Commissioner of Police
Delhi
No. 32359 - 439/C&T/AC-II/PHQ dt. 23-07-2003
76 75
 ANNEXURE VII lab
lab ngo, sw Presentation before cwc 9
STANDING OPERATING PROCEDURE CONCERNING RESCUE OF ngo Intimation to concerened 10
CHILD LABOUR lab
Resident commissioner
Pre Rescue
)if child is migrant(
Co-ordiantion Activity
Convener
Notice : sdm-subdivisional magistrate, lab-labour, sw-social wel-
dm, police, ngo, sw
S
Selection of camp place 1
.fare, ngo-non-governmental organizations
lab
tInformation obtained under the RTI Act, from Depa *
lab
Sw, ngo Clothing, food, transport 2
ment of labour, Govt. of Delhi
lab health 3
health
sw
ngo, lab Psychological 4
sw,ngo, distt Drop-in-shetter 5
sw
lab Media management 6
lab
Legal document 7
lab Police 8
lab Selection of NGO 9

During
sdm, sw, ngo, police
Raid/rescue 1
lab
police
Seizure of records 2
lab
Sdm police Employer’s detail 3
lab

Post
sw, police,ngo Regrouping rescued children 1
lab
lab Health check up 2
,lab, ngo Psychological support 3
sw
ngo, police, sw Transportation 4
lab
ngo, sw Drop-in-shelter 5
lab
police Legal prosecution 6
lab
police Notice for Rs. Twenty thousand 7
lab
ngo
Check-list for each child 8

78 77
ANNEXURE VIII ANNEXURE IX

DELHI HIGH COURT GUIDELINES ON WORKING

WITH CHILD RAPE CASES

The children by reason of their physical and mental status
need special safeguards and care. Child victims of sexual abuse
are to be treated with compassion and dignity. All concerned and
associated with Criminal Justice System need to be sensitized
about their protective role to prevent further victimisation of
.child victims

POLICE
On a complaint of a congnizable offence involving a child .1
victim being made, concerned police officer shall record the
.complaint promptly and accurately
The investigation of the case shall be referred to an officer .2
not below the rank of Sub-lnspector, preferably a lady officer, sensi-
tized by imparting appropriate training to deal with child victims
.of sexual crime
.The statement of the victim shall be recorded verbatim .3
The officer recording the statement of the child victim should .4
.not be in police uniform
The statement of the child victim shall be recorded at .5
residence of the victim or at an other place where the victim can
.make a statement freely without fear
The statement should be recorded promptly without any .6
.loss of time
The parents of the child or any other person in whom the .7
child reposes trust and confidence will be allowed to remain pres-
.ent
The Investigating Officer to ensure that at no point should .8
.the child victim come in contact with the accused
The child victim shall not be kept in the police station .9
overnight on any pretext, whatsoever, including medical ex-
.amination
The Investigating Officer recording the statement of the .10
child victim shall ensure that the victim is made comfortable before
proceeding to record the statement and that the statement carries
accurate narration of the incident covering all relevant aspects of
.the case
In the event the investigating Officer should so feel the .11

80 79
.adults ANNEXURE X

TRIAL COURT GUIDELINES OF NATIONAL HUMAN RIGHTS COMMISSION ON

It shall be an endeavor of the Court to create a child .1
friendly atmosphere while conducting its proceedings in
.respect of a sexually abused child
Proceedings shall be conducted in camera and appropri� .2
ate measures taken to ensure that the child victim is not
confronted with the accused and the directions in this regard given
by the Supreme Court in 2004 (5) SCC 518 «Sakshi vs. Union of
.India» are enforced
Wherever possible the Court may resort to the recording .3
.of statement through video conferencing
The Court may, if it so thinks fit, direct that the questions 4 9th May. 1995
to be put by the accused in cross-examination to the child victim
be given in writing to the Presiding Officer of the Court, who may
in turn put the same to the victim in a language which is neither
.embarrassing nor confusing
The committal Court shall commit such cases to the Court .5
of Sessions preferably within fifteen days after the filing of
.the chargesheet
The concerned authorities are directed to inform them� .6
selves of the guidelines laid down by the Supreme Court in 1995
(1) SCC 14 <Delhi Domestic Working Women>s Forum vs. «Union
of India & Ors.>, 1996 (2) SCC 384 <State of Punjab Vs. Gurmit
Singh & Ors.>as also 2004(5) SCC 518 <Sakshi vs. Union of India
.>& Ors
Source : High Court Order Dated 14th Aug.>07, Ref. - W.P. (Crl) No.
930\2007
CHILDREN RELATED ISSUES
Letter of Chief Minister of Rajasthan regarding prohibition of child
marriage in the state
jk»Vªh; ekuo Justice Ranganath Misra
vf/kdkj vk;ksx
National Human Rights Com� Chairpersonn
mission
,My Dear Chief Minister
As you are well aware, the Child Marriage Act has been in force
since 1929. The thrust of the legislation has been to prohibit child mar-
riage and have regulatory human conduct to bring about a change in social
.perception
The Act has been in force for over 65 years. It may have restrained
people from resorting to child marriage in some pockets, but so far as your
state in concerned, we find that the practice is very much prevalent even
today. A press clipping from the editional of ‘The Hindu’ dated 29 April, 1995
.for your perusal
You would agree that the prevalence of practice of child marriage
.in that degree is a stigma on society
We would suggest that positive steps should be taken by the State
Government to sensitise people through the print and electronic media as
also otherwise so that the society may swerve away from the practice and
.utilimately discard this conduct at the earliest
,with regards

,Your sincerely
-/Sd
)Ranganath Misra(

Encl. As above
Shri Bhairon Singh Shekhawat
Chief Minister
,Government of Rajasthan
Jaipur

82 81
 The Hindu, 29th April, 1995

An outrageous custom
Child Marriage, which has been widely prevalent in Rajasthan,
is the vilest form of social barbarity brought forward from a superstitious
medieval past. While forty years and more of post-Independent India have
served to awaken the social conscience of the community to myriad forms
of oppression and injustice. Rajasthan with its impenetrable barrier of
illiteracy continues to remain a fortress of antediluvian cultural perversions
including sati and child marriage. Incredible though it may sound, the right
of successive elected governement in Rajasthan has not availed against
the sway of superstition over the predominant soical culture of the region.
Child marriage continue to be annual rituals in most part of Rajasthan and
not only in the backward districts such as Jaisalmer, Barmer, Jalore and
Nagore. That there is no rural-urban divide in the social sanction accorded
to child marriages in the State in complete violation of the law, is a telling
comment on the utter lack of human sensitivity of generations or politicians
.who have been supposed to have provided leadership in the State
This year, according to reports, thousands of child marriage are
imminent in Rajasthan on May 2, the traditional Akha Teej, regarded as an
all-proof auspicious day for marrages. Children in age groups 5-15 years
are said to be the main targets of overzealous parents who would not rest
content until the marital rites are solemnised. The connivance and even
the patronage of the big wigs in government and the so-called guardians
of the law is obviously the vital-ingredient in the bizarre ceremonies which
are held after year. Will the Bhairon Singh Shekawat Government go along
with the massive transgression of the law or muster the will to put down
the atrocity against little children, who are trapped into life-long marital
ties without an inkling of understanding of all that it entails? The BJP as a
political organisation seeking to capture power at the Centre, can rightly
be expected to clarify its position on this monumental shame of child mar-
riages and on whether an elected government in the sate should wink at
.the monstrosity of it all
What must cause consternation is the sophisticated attempts
to rationalise child marriage which are being made by some misguided
intellectuals. A specious theory put forward by one Dr. S.G. Kabra, dis-
cribed as technical advisor to the Rajasthan Voluntary Health Association
beats them all. According to this apologist of Child marriages, even though
marital rites are conducted for brides of the age group 5-15 years, these
are strictly not child marriages but ‘early adolescent marriages’ because
the bride goes to the residance of her in-laws only after attaining the age
of 19 years. The absurdity of the argument hardly need elaboration but it
would suffice to point out that the injustice of a marital alliance without the

84 83
consent of the two parties cannot be trvialised,. Nor can the obnoxious evil Letter to Chief Secretaries/Adminstratiors of all States/Univon Ter-
of child marriage with its attendant incidence of child widowhood ritories on the reporting of deaths/rapes in Juvenile/Children’s Homes
be tolerated in any progressive social system which is anchored on the within 24 hours
inalienable personal rights of the individual. It is nothing short of deception
to use bits and pieces of demographics such as fertility date or record of jk»Vªh; ekuo vf/kdkj vk;ksx R.V. Pillai
medical termination of Pregnancies. In order to uphold a patenlty criminal National Human Rights Commission ecretary General
S
outrage against youn children, it is time that the Government in Rajasthan September 11, 1996
asserts itself against the obscurantist bandwagon rather than be begiled
.by diversionary exercises in casuistry ,To
,The Chief Secretary/Adminstrator
.All State Governments/Union Territories<

,Sir/Madam
The National Human Rights Commission at it meeting held on 22
July, 1996 discussed the occurrence of deaths and rapes in Juvenile Homes.
During the discussions it was felt that information on similar in-
cidents in other homes run under different statues should be collected and
compiled alongwith information on incidents of deaths and rapes in Jvenile
: Homes. These could cover the following institutions

: Set up under Juvenile Justice Act, 1986 )I(

Observation Homes ) i(
Juvenile Homes )ii(
Special Homes )iii(

: Set up under Probation of Offenders Act, 1958 )ii(

Probation Homes )i(

: Set up under Immoral Traffic (Prevention) Act, 1956 )III(

Reception Centres )i(
Short Stay Homes )ii(
Nari Niketan/After Care Homes )iii(

: Set up under Prvention of Beggars/Begging Act )IV(

Reception Centres ) i(
Beggars Homes )ii(

Set up under Borstal Act )V(

Borstal Institutions )i(

In order to enable a compilation of reports on the incidents of .2

deaths and rapes in these homes, the NHRC had directed that all the
DMs and SPs may be instructed to report to the Secretary General of the
Commission about such incidents within 24 hours of occurrence of of
these officers having come to know about such incidents. Failure to report

86 85
promptly would give rise to presumption that there was attempt to suppress Letter of Chief Secretaries/Administrators of all States/Union Ter-
.the incidents ritories to ensure prompt communication of incidents of custodial
deaths/rapes in Juvenile/Children’s Homes
It is accordingly requested that the District Magistrate/Senior .3
Superintendent of Police may be given suitable instruction in this regard jk»Vªh; ekuo vf/kdkj vk;ksx Subodh C. Verma
so on to ensure prompt communication of incidents of deaths and rapes in National Human Rights Commission )Registrar (Law
.these homes to the undersigned February 07,2002
,To
It is possible that some of the institutions listed above are not .4
functioning in your state. If so, a list of institutions and statutes under which The Chief Secretary/Administrator
they have been set up may also be sent to the Commission for record and .of all States/UTs
.reference
,Sir/Madam
,Yours faithfully nVide letter No. 10/9/96-Research dated 11.09-1996 (copy e
-/Sd closed*) you were requested to give suitable instructions to all the DMs/SPs
)R.V.Pillai( to ensure prompt communication of incidents of custodial deaths/
Secretary General Custodial rapes in the homes which were covered under Juvenile Justice
Act. 1986, Probation of offenders Act. 1958, Immoral Traffic (prevention)
: Copy to .Act, 1956, Prevention of Beggar/Begging Act and Borstal Act
,)Secretary (Welfare Department Since some of the Homes were not found functioning properly, the
matter was again placed before the Commission on 07.12.2001 for further
.All state Governments/Union Territories
consideration. After deliberations the Commission, has directed that the
: existing instructions on the subject may be further modified as under
an inquest by a Magistrate should immediately be conducted in all )a(
cases of deaths in Homes and the inquest report sent to the Commission
expeditiously. The Magistrate should also comment whether there has been
;any medical negligence on the part of the authorities concerned
in case of any allegationof rape/unnatural offence committed on )b(
any inmate of the Protection Home, a criminal case should be registered
immediately. It should be supervised by an officer not below the rank of
Dy. S. P. and the case be investigated by an officer not below the rank
of Inspector of Police. A copy of the FIR and the supervision note should
;invariably be sent to the Commission soon after the first intimation
if any foul play is suspected in the magisteral inquest, the )c(
post-mortem examination should invariably be done to ascertain the cause
;of death and post-mortem report sent to the Commission
in all cases of death of an immate where the initial inquest by a )d(
Magistrate indicates some foul-play, magisterial inquiry should be made
.mandatory
It is accordingly requested that the DMs/SPs may be given
suitable instructions in this regard so as to ensure prompt action on the
.aforesaid directions of the Commission
Yours Faithfully
-/Sd
)Subodh C. Verma(

Encl : As Above

88 87
Letter to Minister of State in the Ministry of Personnel, Public
Grievance & Pensions on prohibiting the employment of children be-
.low the age of 14 years as domestic help by government servants
jk»Vªh; ekuo vf/kdkj vk;ksx Justice M. N. Venkatachaliah
National Human Rights Commission Chairperson
February 10, 1997
,Dear Minister
This Commission has been receiving disquieting reports about
the employment of children as doemestic servants and subjected to long
and laborious hours of work. The Commission has also received com-
plaints against Government servants engaging children below the age of
14 years as domestic servants. You will kindly agree that this is simply
.unacceptable
The Commission feels that employing children (below and upto
the age of 14 years) for work by anyone is reprehensible more so by
any Government servant. In its meeting held on 10 January, 1997, the
Commission decided to recommend that an appropriate rule be included in
the conduct rules of Government servants, both Central and State, which
while prohibiting such an employment would also make it a misconduct
.inviting a major penalty
nI, therefore, request you kindly to take appropriate steps to i ment servant. In its meeting held on 10 January, 1997, the
troduce a rule to the Central Civil Service (Conduct) Rules, 1964 as under
: conduct rules of Government servants, both Central and State, which while
Central Civil Services (Conduct) Rules, 1964 shall be amended“ prohibiting such an employment would also make it misconduct
-: by adding the following as Rule 22-A
No Government servant shall employ to work any children below
;the age of 14 years
breach of sub-rule (i) shall be misconduct attracting a major
”.penalty
I am addressing a separate letter to the Chief Ministers of all States
with a request to provide a similar rule in regard to State Government ser-
.vants
.with regards
,Yours sincerely
-/Sd
)M.N. Venkatachaliah(
Shri S. R. Balasubramanian
Minister of State in the
Ministry of Personnel, Public
Grievances and Pensions
North Block, New Delhi
Letter to Chief Ministers of all States & Administrators of
Union Territories on the amendment of Conduct Rules of Govern-
ment Servants to prohibit the employment of Children below the age
of 14 years as domestic help
No. 8/11/97-Research
jk»Vªh; ekuo vf/kdkj vk;ksx Justice M. N. Venkatachaliah
National Human Rights Commission Chairperson
March 3, 1997
,Dear
This Commission has been receiving disquieting reports about the
employment of children below the age of 14 years as domestic help by the
Government servants and often subjected to long and laborious hours of
work and on occasions, subjected to torture. You will kindly agree that this
.is simply unacceptable
dIn the light of recent jugdement of the Supreme Court uphol
ing ‘the right to free and compulsory education for all children until they
complete the age of 14 years’ as a Fundamental Right, you will agree that
the practice of employing children as domestic help does not comport with
.the spirit of this pronouncement
The Commission feels that employing children (below and upto the
age of 14 years) for work by anyone is reprehensible more so by any Govern-
Com-
mission decided to recommend that an appropriate rule be included in the
invit-
ing a major penalty, Accordingly, I have addressed a letter to the Minister
)i( incharge of the Ministry of Personnel, Public Grievances and Pensions,
Government of India with a request to introduce a rule (Rule 22-A) in the
)ii( : Central Services (conduct) Rules, 1964, as under
No Government servant shall employ to work any child below the )i(‘
;age of 14 years
breach of sub-rule (i) shall amount to misconduct attracting a major )ii(
”.penalty
I request you kindly to add a similar rule in conduct rules of State
Government servants. I shall be grateful if you could take early action in
.this regard
With regards
Yours Sincerely
-/Sd
)M. N. Venkatachaliah(
To Chief minister of all States & Administratior of UTs

90 89
Letter to Chief Ministers/Administrators of States/Union Territiories
reiterating amendement of Conduct Rules of Government servants
prohibiting employement of Children below the age of 14 years as
domestic help D. O. No. 8/6/2001-PRP & P
jk»Vªh; ekuo vf/kdkj vk;ksx ustice J. S. Verma
J National Human Rights Commission
National Human Rights Commission Chairperson
December 13, 1999
,Dear
eThe Commission has been concerned and disturbed on the r
ported employment of children below 14 years of age as domestic help
by the Government servants. The Commission had come across
newspaper reports and cases before it where children were known to
be engaged in long and laborious hours of work and even subjected to
torture. The Commission took up this matter with the Central and State
Governments. Recently the Central Government has issued the required
notification amending the CCS (Conduct) Rules prohibiting such
employment. To our earlier Communication, your Govern-
ment had informed that the matter was under examination. However, we
.have not heard of any final decision taken on the matter
Looking to the fact that such an inhuman practice which degrades
and devalues the childhood of the young of this country. I am sure your
Government wil hasten to carry out the necessary amendment to the
Conduct Rules appliable to the Government servants. It is needless to
draw attention to the specific provisions in the Constitution of India which
expect such measures to be taken by the Government when it is also the
duty of every citizen to abide by the Constitution (see Article 51A {a}). May
I request you to kindly inform me of the decision taken by your Government
?in this regard
,With regards
,Yours sincerely
-/Sd
)J.S. Verma(
To
Chief Ministers/Administrators who had not amended the
Conduct Rules of Government Servants of their respective States/
.Union Territories
Letter to Chief Secretaries/Administrators of all States/Union
.Territories on Child laour in Slaughter houses
N. Gopalaswami,IAS
jk»Vªh; ekuo vf/kdkj vk;ksx Secretary General
9th April, 2001
,Dear
As you are aware, Article 24 of the Constitution prohibits child
labour in hazardous occupations. More particularly there is a ban on child
labour in Abattoirs/Slaughter Houses under the Child Labour (Prohibition
& Regulation) Act, 1986. The Commission, however, has been receiving
complaints that child lahour is still prevaiting in Slaughter houses all over
India. The Commission considered the matter in the sitting dated 16-3-2001
and decided to send notices to all concerned in the matter. I request you to
kindly see that necessary instructions are issued to concerned authorities
by the department responsible for eradication of child labour in your state,
to inspect the Slaughter houses under their jurisdiction and ensure that child
labour, if any, is stopped, the owners are prosecuted for violating the law
and all children released are provided the where with all to get schooling
.and other facilities
I shall be obliged if compliance report is sent latest by the end of
May. 2001 to enable me to apprise the Commission about the situation in
.your state
Thanking you and with regards
,Yours sincerely
-/Sd
)N. Gopalaswami(
To
rChief Secretaries/Administratiors of all States/Union Te
.ritories
92 91
Letter to Labour Secretaries of all States/Union Territories requesting PROFORMA-I
for quarterly reports on bonded labour Proforma for Obtaining Information Relating to the Release and Re-
habilitationof Bonded Labourers
D. O. No. 2/1/97-PRP & P
jk»Vªh; ekuo vf/kdkj vk;ksx rs. S. Jalaja
M ______________: Name of the State
National Human Rights Commission Joint Secretary No. of Bonded Labourers (BLs) identified as per survey .1
February 19, 1995 .conducted on the directions of Supreme Court given in 1997
Dear No. of BLs indentitied thereafter, year-wise, upto the end .2
The National Human Rights Commission took up the monitoring of .of December, 2001
implementation of the Bonded Labour System (Abolition) Act 1976 in 1997 )Total : (1+2 . 3
consequent upon the responsibility devolved by the Hon’ble Supreme No. of BLs released out of the number mentioned against .4
Court in its order dated 11.11.1997. The Commission has so far focussed .S.No. 3 above
its attention to the 13 most bonded labour-prone States as idenitfied by No. of migrant BLs transferred to the State from other .5
the Ministry of Labour. It is now keen to expand the area of monitoring and .States
evolve a suitable mechanism to constantly review the bonded labour situ- .No. of migrant BLs transferred to other States .6
ation and implementation of the provisions of the Bonded Labour Act in all
.the States
mYou will agree that latest and accurate information is most i
portant factor for the successful execution of any project. The information
collected from various States and also from the Union Ministry of Labour
was placed before the Commission in the meeting held on 7.12.2001. The
commission decided that quarterly reports on the Status of bonded labour
may be obtained in the prescribed proforma from the State Governments
requesting them to also indicate the period for which the reports pertain to
.in respect of cases reported so far
As desired by the Commission, two proforma are enclosed.
Proforma-I is for information relating to status as on 31.12.2001 and
Proforma-II for sending quarterly reports. Kindly have this information sent
at the earliest. It will be highly appreciated if the information in Proforma-I
is sent by 15 March, 2002 and the quarterly report is sent regularly by the
.end of the month following the quarter to which the information pertains
,With regards

,Yours sincerely
-/Sd
)S.Jalaja(

To
.Labour Scretaries of all States/UTs

94 93