Lok Sabha Question No. 385 (STARRED), answered on 2019-07-19
Subject: Juvenile Justice (Care and Protection of Children) Act, 2015
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Thirumaa Valavan Thol

## GOVERNMENT OF INDIA

## MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## STARRED QUESTION NO. 385 TO BE ANSWERED ON 19.07.2019

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

385. SHRI THOL THIRUMAAVALAVAN:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether all the State Governments have complied with the directives of framing their rules,  conforming to the  provisions  of  the  Juvenile  Justice  (Care  and  Protection  of Children) Act, 2015;
- (b) if so, the details thereof along with the names of the States which have drafted their own rules under above Act; and
- (c) the names of the States which have notified the State rules under the said Act?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

- (a) to (c): A Statement is laid on the Table of the House.

********

The Statement referred to in reply to part (a) to (c) of the Lok Sabha Starred Question No.*385 for answer on 19.07.2019 raised by Shri Thol Thirumaavalavan regarding 'Juvenile Justice (Care and Protection of Children) Act, 2015.

- (a) to (c): Section 110 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015  (JJ  Act)  mandates  that  the  State  Government  shall,  by  notification  in  the Official Gazette, make rules to carry out the purposes of this Act. Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply  to  the  State mutatis  mutandis until  the  rules  in  respect  of  that  matter  are made by the State Government and while making any such rules, they conform to such model rules.  The details provided by the States and UTs, which have drafted or notified their own rules under JJ Act is Annexed.

*******

Annexure referred to in reply to part (a) to (c) of the Lok Sabha Starred Question No.*385 for answer on 19.07.2019 raised by Shri Thol Thirumaavalavan regarding 'Juvenile Justice (Care and Protection of Children) Act, 2015.

## The details provided by the States and UTs, who have framed and notified their own rules under JJ Act.

|   S. No. | Name of the States/UTs   | Details                                                     |
|----------|--------------------------|-------------------------------------------------------------|
|        1 | Andaman & Nicobar Island | Framed JJ Rules, 2017 and notified on 22 nd September, 2017 |
|        2 | Bihar                    | Framed JJ Rules, 2017 and notified on 14 th June, 2017      |
|        3 | Jharkhand                | Framed JJ Rules, 2017 and notified on 13 th June, 2017      |
|        4 | Maharashtra              | Framed JJ Rules, 2018 and notified on 13 th March, 2018     |
|        5 | Mizoram                  | Framed JJ Rules, 2019 and notified on 21 st May, 2019       |
|        6 | Nagaland                 | Framed JJ Rules, 2017 and notified on 22 nd March, 2018     |
|        7 | Odisha                   | Framed JJ Rules, 2018 and notified on 21 st July, 2018      |
|        8 | Puducherry               | Framed JJ Rules, 2017 and notified on 14 th December, 2017  |
|        9 | Tamil Nadu               | Framed JJ Rules, 2017 and notified on 11 th August, 2018    |
|       10 | West Bengal              | Framed JJ Rules, 2017 and notified on 22 nd September, 2017 |

## The  details  provided  by  the  States  and  UTs,  who  have  adopted  Central  Govt.  Rules  and notified.

|   1 | Arunachal Pradesh   | Adopted Central JJ Model Rule, 2016 framed by Govt. of India and notified on 13 th May, 2017     |
|-----|---------------------|--------------------------------------------------------------------------------------------------|
|   2 | Chandigarh          | Adopted Central JJ Model Rule, 2016 framed by Govt. of India and notified on 15 th March, 2017   |
|   3 | Chhattisgarh        | Adopted Central JJ Model Rule, 2016 framed by Govt. of India and notified on 7 th November, 2016 |
|   4 | Daman & Diu         | Adopted Central JJ Model Rule, 2016 framed by Govt. of India and notified on 5 th December, 2016 |
|   5 | Tripura             | Adopted Central JJ Model Rule, 2016 framed by Govt. of India and notified on 6 th January, 2016  |

## The details provided by the States and UTs, who have drafted Rules under JJ Act, which are yet to be notified.

|   S. No. | Name of the States/UTs   | Details                                                                                                                            |
|----------|--------------------------|------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Haryana                  | State has adopted the Centre JJ Model Rules, 2016 after approval of Hon'ble CM Haryana but yet to be notified.                     |
|        2 | Dadra & Nagar Haveli     | The draft rules are under consideration of the UT Administration                                                                   |
|        3 | Goa                      | Rules are drafted and submitted for vetting to Law Department.                                                                     |
|        4 | Kerala                   | State Govt. has prepared a draft model rule.                                                                                       |
|        5 | Karnataka                | Karnataka rules drafted and are being placed before the cabinet and thereafter notifying in the public domain.                     |
|        6 | Meghalaya                | The State Government has prepared the draft and submitted State Model Rules. The approval is awaited from the State Government.    |
|        7 | Punjab                   | State has prepared draft Rules and these rules are pending before Legal remembrance (L.R.) for the vetting and further directions. |
|        8 | Rajasthan                | State rules for Juvenile Justice (Care and Protection of Children) Act, 2015 are yet to be notified                                |

## The details provided by the States and UTs, who are in the process of framing Rules under JJ Act.

|   S. No. | Name of the States/UTs   | Details                                                                                                                                                                                                            |
|----------|--------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Assam                    | State has constituted a Committee for drafting the state rules                                                                                                                                                     |
|        2 | Andhra Pradesh           | Draft Juvenile Justice Model Rules is under Process.                                                                                                                                                               |
|        3 | Kerala                   | State is in the process of framing Model Rules                                                                                                                                                                     |
|        4 | Delhi                    | The process of framing the rules is under process                                                                                                                                                                  |
|        5 | Gujarat                  | State is in the process of framing Model Rules                                                                                                                                                                     |
|        6 | Himachal Pradesh         | State is in the process of framing Model Rules                                                                                                                                                                     |
|        7 | Lakshadweep              | State is in the process of framing Model Rules                                                                                                                                                                     |
|        8 | Madhya Pradesh           | State has constituted committee for drafting the state rules.                                                                                                                                                      |
|        9 | Manipur                  | State Govt. is under process framing/drafting own Rules confirming the provision of JJ Act, in the mean time the State Govt. complying the provision laid down under JJ Model Rule, 2016 framed by Govt. of India. |
|       10 | Sikkim                   | State is in the process of framing Model Rules                                                                                                                                                                     |
|       11 | Telangana                | The draft rules are under examination of the State Government.                                                                                                                                                     |
|       12 | Uttarakhand              | The draft of Juvenile Justice Rules State Rules has been prepared and is under discussion with stake holders.                                                                                                      |
|       13 | Uttar Pradesh            | State is in process of adopting JJ Model Rules, 2016 framed by the Govt. of India.                                                                                                                                 |