Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804810631.pdf (India)
MODEL SOCIAL AUDIT PROFORMA FOR JUVENILE JUSTICE BOARD (JJB) UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN), ACT, 2000 Date of Social Audit: Details of Social Audit Team: S.N.

Name Designation Department/Agenc y/ Organization 1.
Basic information 1.1 Location (Address): 1.2 District: 1.3 State: 1.4 Present Strength of the Board: 1.5 Age and Educational Qualifications of the Principal Magistrate/Members of the Board: Name Designation Educational Qualification Age Sex M/F Years of experience 1.6 What was the selection process of members?

Give details 2.
Give details 2.

Training of Members 2.1 Are all members of the Board trained on JJ Act and POCSO Act, child psychology, child welfare, child rights, national and international standards for juvenile justice and ICPS?

1 Principal Magistrate Name of the Course Date (s) Venue Organized by Member I Training attended Date (s) Venue Organised by Member II Training attended Date (s) Venue Organized by 3.

Sittings of the Board 3.1 Number of sittings prescribed in a week for the Board?
3.2 Number of sittings held in a week on an average in the past one year by the Board?

2 3.3 Any instance of any member of the Board not attending the proceedings of the Board or three consecutive months.

3.4 If yes, state the reasons.

3.5 Any instance, where a member has failed to attend less than three-fourth of sitting per year?

Yes/No 3.6 If yes, Indicate the member and the reasons for such non-attendance.
3.7 On how many occasions in last one year was the attendance of any member of the Board less than five hours per sitting?

Quarter 1 Quarter 2 Quarter 3 Quarter 4 Principal Magistrate Member 1 Member 2 4.

Transaction of Daily Business 4.1 Do the JJBs follow any rules for transaction of daily business other than those laid down in the JJ Act and JJ Rules?
4.2 What is the order followed for the matters to be taken up – bail matters are the first on the cause list, followed by framing of charges, evidence, fresh cases, etc.

4.3 Who prepared the cause list?

4.4 Does the Board sit together in the morning briefly to look at the files pertaining to matters in the cause list and plan the day before initiating its proceedings?

3 4.5 What happens in the absence of the Principal Magistrate – what are the ground rules followed?
4.6 What happens in the absence of a social worker member – what are the ground rules followed?

4.7 How does the Board plan allocation of tasks such as review and consideration of SIRs filed by Probation Officers, review and consideration of counseling reports, writing the orders, attending trainings, meetings, visits to observation homes, special homes and place of safety, etc.

5.
Speedy Inquiry 5.1 Average Time taken in completing inquiry in case of child in conflict with law 5.2 In how many cases the inquiry was not completed within four months after the first summary inquiry during 2013-14 2014-15 2015-16 5.3 How many cases delayed for beyond six months, in case of serious offences, were reported to the Chief Judicial Magistrate/Chief Metropolitan Magistrate during: 2013-14 2014-15 2015-16 5.4 How many adjournments were given in cases pending beyond four months in last 3 years?
5.5 What are the most common reasons for adjournments given?

4 5.6 What is the intervening period between any two adjournments on most occasions?

6.

Speedy Disposal and review of Pendency – Section 14(2) of the Act states that the Chief Judicial Magistrate shall review the pendency of cases of the Board at every six months, and shall direct the Board to increase the frequency of its sittings or may cause the constitution of additional Boards.
6.1 How many review meetings related to pending cases were held by CJM/CMM during the years: 2013-14 2014-15 2015-16 6.2 Steps in the process of inquiry proceedings under JJ Act that delay the disposal: Time required/spent by the Board In petty offences In other non- serious offences In serious Offences entailing punishment of 7 or more years for an adult Average no.

of days required for age determination Average no.

of days required for preparation and submission of SIR to the Board Average no.
of days taken by the police for submission of FR Average no.

of days required for/spent on framing of charges Average no.

of days required for/spent on recording of evidence Average no.

of days required for/spent on final arguments 5 Time required/spent by the Board In petty offences In other non- serious offences In serious Offences entailing punishment of 7 or more years for an adult Average no.

of days required for/spent on deciding the case after final arguments Average no.
of days required for/spent on writing the final order Any other (Specify) 6.3 Measures adopted to ensure early disposal of the cases: 6.4 Impediments to frequent sittings of the board and initiatives to ensure that the JJB sits as frequent as required:- Impediments Initiatives 6.5 Whether constitution of an additional JJB is required in terms of turnover and pendency of cases?
6.6 If yes, give details:- Total Pendency of cases (year of institution- wise Number of sittings and number of cases handled in last one year Year of Institution Number of Pending cases Number of sittings Number of cases handled 6 7.
Sittings of JJB: JJB holds its sittings in the premises of an Observation Home only 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.

7.1 Where are the sittings of JJB held?

7.2 Reasons for holding the sitting at premises other than at a place prescribed under Rule 9 of the Model JJ Rules, 2007.
7.3 Initiatives taken to ensure holding of proceedings of the Board at an Observation Home or at a suitable premise in any institution run under the Act only and outcome thereof: Physical mandated in Law Infrastructure 8.

JJB has a separate room for holding its sittings and a separate waiting room for children and their families.

9.

Child- friendly environment in the JJB.

9.1 Is there a witness box in the room where the proceeding is conducted?

9.2 Do the members sit on a raised platform?
9.3 Tick the practices followed during hearing of cases: Checklist of Child-friendly actions 7 Introduce yourself and your role   Avoid interruptions and distractions and focus on the child  Talk in a friendly manner  Display warmth, interest and concern towards the child  Being empathetic and addressing the concerns of the child without being judgmental  Arranging water and food for the child and making the child comfortable before and during the hearing  Avoiding authoritarian approach  Avoid excessive probing, so as to make the comfortable and enable the child to open up in communication.
 Ensuring privacy of conversation  Avoid being impatient with the child and handle communication according to physical and mental condition of the child  Avoid invasive questions  Donot prompt or put words in the mouth of the child.

 Facial expressions and gestures indicating child is welcomed to the hearing  Maintaining eye contact with the child throughout, during the hearing session.

 Visible expression of affection towards the child, as per the age and circumstances of the child.
9.4 Availability of Physical Infrastructure Mandated In Law For Juvenile Justice Boards Availability (with Numbers) Reasons for non- availability Board Room Waiting room for children Room for principal magistrate and members Record room Room for probation officers Waiting room for parents and visitors Availability of Safe drinking water Toilet facility Additional desirable facilities to fulfil the objectives of the law Room for public prosecutor Room for legal aid unit Room for counseling Any other (specify) 8 9.5 The sitting arrangement of the room.
9.6 Provision for human resource and equipment support (Describe) Availability (with no.)
Reasons for non- availability Human resource and equipment support Probation officers Counsellors Public prosecutors Steno-typist/computer operator Alhmad Section-writer Copyist Naib-court Reader Peon Safai Karamchari Clerk Computers Printer Scanner Photocopier Internet connection Chairs Tables Safe drinking water facility Fans Air conditioners / coolers Cabinets & drawers Almirahs and other storage facilities Any other (specify) 9.7 Recent initiatives taken to make the room where proceedings are held and the waiting area and legal aid and counseling rooms more child friendly: - Provision for drinking water - Provision for toilets -Use of paintings, posters, drawings made by children -Adding indoor plants - Making provisions for indoor games in the waiting area 9 - Any other (Specify) 9.8 Does the Board maintain confidentiality about each case being dealt in JJB?
Yes/No.

The Social Audit Team should check the following:-  Manner in which the juveniles are referred that is by name or any other way  Talk to children and their families to know if the confidentiality is maintained 9.9.

Is the victim given a copy of the JJB order?

If not why?

10.

Regular inspections by members of the JJB of Institutions housing children in conflict with law.
10.1 Inspections of Institutions housing children in conflict with law by members of JJB in last 3 years: Principal Magistrate Magistrate 1 Magistrate 2 Date Institute Date Institute Date Institute 2013-14 2014-15 2015-16 10.2 Details of visits made to institutions by each member of JJB for purpose other than general inspection: Type of Institutions visited Number of visits Purpose JJB Principal Magistrate Magistrate 1 Magistrate2 10.3 Participation in the Home Management Committee in the last three years Institution Number of Meetings of the Home Management Committee held in last three years Number of Meetings of the Home Management Committee attended by a member of the JJB in last three years Observations and Recommendations made 2013-14 2014-15 2015-16 2013-14 2014-15 2015-16 2013-14 2014-15 2015-16 Observatio n Home for Boys Observatio 10 Institution Number of Meetings of the Home Management Committee held in last three years Number of Meetings of the Home Management Committee attended by a member of the JJB in last three years and Observations Recommendations made for for n Home for Girls Special Home Boys Special Home Girls Place Safety Fit Institution where a is child placed on Probation of 10.4 Observations made during such visits to an institutions and action taken to improve the situation.
11.

Prompt redressal of complaints of children in conflict with law received through the prescribed system of complaints and during inspections.

11.1 How often do the JJB members check the complaint/suggestion box in the institution?

11.2 What kind of complaints/suggestions are received?

 From children  From staff  Complaints emerging during the meeting of the Home Management Committee 11.3 Is there a complaint/suggestion box placed at a prominent place within the premises of the JJB?
11.4 How often is the complaint/suggestion box opened by the Board?

11.5 What other measures/strategies have been adopted/instituted to ensure that children can approach the Board with a complaint during visits of Board Members to the institution or through representation in the Home Management Committee or during the proceedings of the Board etc.?

11 11.6.

Have children reported ill-treatment at the hands of the police/institution/legal aid lawyer/counselor/school/parent/etc.

to the Board?
to the Board?

11.7 Does the Board take a view on the suggestion(s) given in the suggestion box?

Yes/No Give some illustrations (during last 6 months) 11.8 Some recent actions taken by the Board to redress the complaints of children: (last 6 months) 11.9 Follow up or check by the Board whether necessary action upon the complaint has been taken during last 6 months Instance noticed Initiative taken Outcome Principal Magistrate Magistrate 1 Magistrate2 12.
JJB functions in full strength round the year through prompt recruitments.

12.1 Whether the Board functions in full strength all the time?

Yes/No 12.2 If no, what are the reasons?

12.3 Was there any occasion, when a judgement could not be pronounced due to non- availability of Principal Magistrate?

12.4 If yes, what are the reasons?

12.5 Steps taken by the Board to ensure that the Board functions in full strength?

12 13.
12 13.

In all cases requiring determination of age of the child in conflict with law, the procedure is initiated immediately and completed promptly.

13.1 What is the average time- taken for age determination of a child.

13.2 What are the major causes of delay in the process of age determination of the child?

13.3 In how many cases in past one year, a bone ossification test was ordered to determine the age of juvenile?
13.4 On an average, how much time does it take to organise medical support to determine the age of the child scientifically.

13.5 What are the various Documentary evidences taken into account to determine the age of the child.

How are the documents verified?

Is the IO asked to verify the documentary evidence and present a report and evidence such as school admission register etc.
or is the school principal/panchayat secretary/registrar of births and deaths/such other authority summoned to appear before the Board and verify the school certificate/panchayat certificate/birth certificate/municipal record etc.

13.6 What are the difficulties faced in verification of documentary evidence and what are the suggestions to overcome these difficulties?

14.

Orders passed by JJB are loaded on the Trackchild website immediately.
14.1 Does the Board ensure that the orders passed by the board is immediately loaded in the Trackchild Portals?

Generally how much time is required to upload the orders?

13 15.

JJB ensures in each case that the child in conflict with law is not/has not been subjected to any ill-treatment.

15.1 How does the Board monitor OHs and SHs so that children are not subjected to ill treatment?

16.
16.

Full opportunity to each child in conflict with law to participate and be heard in inquiry proceedings before the JJB.

16.1 Does the Board provide the child an opportunity to be heard?

16.2 How does the Board ensure that the child participates in the proceedings?

16.3 How does the Board ensure that decisions are taken in the best interest of the child?

What type of deliberations are undertaken among Board members for this and what special efforts are made in peculiar situations (give examples) 17.
Free legal aid services to every child in conflict with law, who qualifies for these services.

17.1 Does the Board facilitate free legal services for each child in conflict with law produced before it?

17.2 Does the Board inform every child and his/her parent/guardian about availability of free legal aid?

17.3 Does the Board ask the child/child’s parent or guardian if they wish to avail free legal aid services and a make noting of their response in writing in its orders?
(This can cross verified through inspection of Boards orders/documents pertaining to Board’s proceedings) 17.4 Is there a free legal aid unit set up within the precincts of the JJB?

14 17.5 How many legal aid lawyers are available for children in conflict with the law?

17.6 Have the legal aid lawyers received any training on child rights and juvenile justice?

Give details.
Give details.

Trainings held for legal aid Date (s) Venue Organised by lawyers 17.7 Who reviews the work and services of the legal aid lawyers and how often?

17.8 What proportion of children appearing before the Board are in need of free legal aid, as per information for the years: 2013-14 2014-15 2015-16 17.9 How promptly is free legal aid arranged for any child in need for such an aid?

18.
18.

In case of each child in conflict with law, the Social Investigation Report prepared in time by Probation Officer/recognised voluntary organization and made available to JJB to pass necessary orders promptly.

18.1 How much time does it take to obtain social investigation report of a child after the first appearance before the Board?

15 18.2 Who prepares the social investigation report for your Board?
(Probation Officer/NGO representative/Some on else- specify) 18.3 How often delay in preparing the social investigation report of the child is observed and reason therefor.

18.4 Measures taken by the Board to avoid the delay in preparation of social investigation report?

18.5 Whether the Probation officers are trained adequately to prepare social investigation reports?

18.6 Do the social investigation reports bring out the specificities pertaining to each child or do they all read the same?
18.7 Do the JJBs find social investigation report useful?

18.8 Are the social investigation reports prepared as per Form IV of the JJ Rules, 2007?

What are the additions or deletions in the report submitted to the Board?

18.9 What are suggestions of the Board to improve the social investigation report?

19.
19.

JJB orders individual or group counseling of child(ren) in conflict with law through DCPU/SCPS in all such cases requiring counselling and counsellor's report made available to JJB promptly in case of each counselled child who is in conflict with law.

16 19.1 How frequently did the Board order counselling service for children in conflict with law during: Year Number of Cases 2013-14 2014-15 2015-16 19.2 How does the Board deal with children with behavioral and/or addiction problem?
19.3 Does the Board maintain a record of children with behavioural and addiction problems?

19.4 Does the Board carry out an assessment of behavioural and addiction problems among children produced before them?

19.5 If Yes, what measures are adopted by the Board for such an assessment?

19.6 Are these assessments part of the child’s case history and individual care plan?

19.7 How many cases of children with behavioural and/or addiction problems were received by the Board in the last three years?
Year Number of Cases with behavioural problems Number of cases with addiction problem Number of cases with both behavioural and addiction problem 2013-14 2014-15 2015-16 19.8 Does the Board order for individual or group counselling in relevant cases?

19.9 In how many cases was the counseling ordered pre-release?

19.10 In how many cases was continuation of counseling ordered post-release?

17 19.11 In how many cases has the Board ordered only post-release counseling?
19.12 How does the Board monitor post-release counseling?

19.13 How long does the counseling continue on an average?

19.14 At what point is a closure given to counseling?

19.15 Has there even been a need felt to ask parents/guardians of children also to participate in the counseling process?

List any such instances in the past and steps taken by the Board to support counseling of parents/guardians.
19.16 Nature of cases for: (a) Individual Counselling- (b) Group Counselling- (c ) Counselling ordered for both the child and his/her parent/guardian 19.17 What type of orders follow counselling interventions and what type of changes are reported in Counselled Children?

19.18 In how many cases have children been placed under a vocational training programme along with or after counseling?
19.19 How many children placed in counseling and/or vocational training have been successfully rehabilitated in the last three years?

18 Rehabilitation of Children in Conflict with the Law No.

of Children who received counseling only No.

of Children who received only Vocational Training No.

of Children who received both Counselling and Vocational Training No.
of Children successfully rehabilitated 2012-13 2013-14 2014-15 19.20 In how many cases were children asked to undergo de-addiction treatment and rehabilitation programme in the last three years and what has been the rate of success (i.e.

how many completed the programme successfully, how many dropped out, how many cases of relapse)?
Number of children placed in a de-addiction treatment and rehabilitation programme by an order of the Board Number of children who successfully completed the de-addiction programme Number of children who dropped out of the de- addiction programme Number of cases of relapse Year 2013-14 2014-15 2015-16 19.21 What is the average duration of a de-addiction treatment and rehabilitation programme?

19.22 Who are the service providers for de-addiction treatment and rehabilitation programme?
19.23 How does the Board track the progress of children placed in a de-addiction treatment and rehabilitation programme?

19.24 What steps are taken when a child drops out of the de-addiction treatment and rehabilitation programme or in a case of relapse?

19 19.25 How does the Board maintain its data base on outcomes and impact of counseling, de- addiction vocational training?

20.
20.

JJB ensures in case of each child in conflict with law that the child is located in the institution/home for juveniles in conflict with law located closest to the place of residence of the parent/guardian of juveniles in conflict with law.

20.1 While placing a child in a fit institution does the Board ensure that the child is placed in an institution closest to his/her residential area?

20.2 What are the circumstances leading to any deviation?

21.
21.

JJB ensures that all needs of juveniles in conflict with law are met by the institution/arrangement in which the juveniles in conflict with law is placed during inquiry and there-after.

21.1 Does the Board ensure that all needs of the child is met by the institution as per the standards laid down under the Rules & ICPS: Yes/No Requirements Food Clothing bedding Health/Medical attention Sanitation Others needs 22.

Recidivism 22.1.
Recidivism 22.1.

On an average, in a year, how many cases of repeat offending are received by the Board?

22.2.

How does the Board maintain a record of children offending repeatedly?

20 22.3.

Does repeat offending get reflected in the child’s case history and individual care plan?

22.4 What is the type of offence for which children get booked repeatedly?
of Number children booked for a repeated offence similar type of of Number children booked for a repeated offence different type of Number of cases where repeat finds offending place in the case history/individual care plan Measures taken by the Board to deal with children offending repeatedly 2012-13 2013-14 2014-15 23.

Regular furnishing of information about cases received and handled by the Board to relevant authorities.
23.1 Whether quarterly report about the juveniles was submitted to district and state child protection unit during the years: Years Q 1 Q 2 Q 3 Q 4 2013-14 2014-15 2015-16 23.2 Whether quarterly report was submitted to the State Government during the years: Years Q 1 Q 2 Q 3 Q 4 2013-14 2014-15 2015-16 23.3 Whether quarterly report was submitted to the CMM or CJM during the years: Years 2013-14 Q 1 Q 2 Q 3 Q 4 21 2014-15 2015-16 24.
Board builds confidence in the juveniles in conflict with law and his/her family that justice will be done and “best interest of the child” will be watched throughout the proceedings and the child will be heard.

24.1 Does the Board ensure that the family is informed about the child being apprehended / and the accusation (s) against him/her?

Yes/No 25.
Yes/No 25.

At no instance is the Principal Magistrate reported to have dealt with the case of the juveniles in conflict with law as done by Magistrate presiding over the Judicial proceeding in a regular court of law.

25.1 How does the Principal Magistrate of the Board ensures that proceeding adopted in a JJB sitting is different from that of a regular court of law (Explain) 26.
Utilization of funds by the Board 26.1 Has the Board utilized funds received under recurring and non-recurring category for the last three years, give details?

Item 2013-14 2014-15 2015-16 Non-recurring expenditure Recurring expenditure: received utilized received utilized received utilized 22