Lok Sabha Question No. 4422 (UNSTARRED), answered on 2020-03-20
Subject: Juvenile Homes
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Rajeshbhai Naranbhai Chudasama

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO.4422

TO BE ANSWERED ON 20.03.2020

## JUVENILE HOMES

## 4422. SHRI RAJESHBHAI CHUDASAMA:

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

- (a) whether the Government has taken note of pathetic condition of juvenile homes, deprivation  of  basic  facilities/infrastructure  to  children  living  therein  and  their involvement in criminal activities;
- (b) if so, the details thereof, State/UT-wise; and
- (c) the  corrective  steps  taken/being  taken  by  Government  to  ensure  adequate facilities/infrastructure to the children living in juvenile homes?

## ANSWER

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

(a)  to  (c):  The  Ministry  of Women and Child Development has enacted Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) which is the primary law for children in country. The Act provides a security net of service delivery structures including measures for institutional and non-institutional care to ensure comprehensive well being of children in  distress  situations.  As  per  Section  2  (13)  of  JJ  Act,  'child  in  conflict  with  law'  (CCL) means a child who is alleged or found to have committed an offence and who has not completed  eighteen  years  of  age  on  the  date  of  commission  of  such  offence'.  As  per Section 8 (3) ( g ) of the JJ Act, the functions and responsibilities of the Board shall include as transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognizing that a child in conflict with law can also be a child in need of care simultaneously and there is a need  for  the  Committee  and  the  Board  to  be  both  involved.  Section  53  of  the  Act prescribes various rehabilitation and reintegration services to be provided in institutions for children. As per Section 3( vii )  of  the  JJ  Act,  all  resources  are  to  be  mobilised  including those of family and community, for promoting the  well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act. Under Section 49 (1) of the JJ Act, state  Government  shall  set  up  atleast  one  place  of  safety  in  a  State  registered  under section 41, so as to place a person above the age of eighteen years or child in conflict with law, who is between the age of sixteen to eighteen years and is accused of or convicted for  committing  a  heinous  offence.  Under  Section  19  of  the  JJ  Act  when  the  Children's Court finds the child has committed the offence, it will make an order for placing the child in a 'place of safety', which is not a jail, till the child attains the age of 21 years.

The JJ Act and the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 framed  thereunder  inter-alia  specifies  the  benchmark  of  services  to  be  delivered  to  the children. The monitoring mechanism is prescribed under Section 54 of the JJ Act and Rule 41 of the Model Rules, 2016. The Ministry has been urging the State Governments and UT Administrations from time to time to register all the CCIs under the provisions of JJ Act, so as to ensure that CCIs offer optimum services not less than the minimum standard of care and  protection  prescribed  under  the  Act  &  Rules.  Section  39  of  the  JJ  Act,  provides information about process of rehabilitation and social re-integration. The primary responsibility  of  execution  of  the  Act  lies  with  the  State  Governments/UT Administrations concerned.

The Ministry has been pursuing with all the State Governments and UT Administrations to issue  directions  for  inspection  of  all  CCIs  under  the  supervision  of  District  Magistrates  in each district. The Ministry has also issued an advisory to the States and UTs regarding the action  to  be  taken  in  case  of  disruption  to  the  life  of  children  in  case  of  any  untoward incidence  of  abuse  in  any  CCI.  Under  the  'Child  Protection  Services'  (CPS)  scheme financial assistance is provided to State Governments/UT Administrations with the objective to create a safe and secure environment for overall development and welfare of children in need of care and protection and children in conflict with law.  The primary responsibility of implementation of the scheme  lies with the State Governments/UT  Administrations concerned.

As  per  information  provided  by  the  State  Governments/UT  Administrations,  details  of observation homes, special homes including place of safety alongwith children living therein for children in CCL which are being funded under CPS, State/UT-wise is Annexed.

***

## Annexure referred to in reply to part (a) to (c) of the Lok Sabha Unstarred Question No.4422 for answer on 20.03.2020 raised by Shri Rajeshbhai Chudasama regarding 'Juvenile Homes'

The details of number of observation homes, special homes including place of safety alongwith children  living  therein  for  children  in  conflict  with  law  which  are  being  funded  under  CPS, State/UT-wise (as on Feb, 2020)

| S. No   | State/UT             |   Observati on Home |   Benefic iaries |   Special Home |   Beneficia ries |   Observation cum Special Home |   Benefic iaries |   Place of Safety |   Benef iciarie s |
|---------|----------------------|---------------------|------------------|----------------|------------------|--------------------------------|------------------|-------------------|-------------------|
| 1       | Andhra Pradesh       |                  12 |              131 |              2 |               29 |                              2 |              127 |                 0 |                 0 |
| 2       | Arunachal Pradesh    |                   0 |                0 |              0 |                0 |                              1 |               30 |                 0 |                 0 |
| 3       | Assam                |                   5 |              136 |              1 |               10 |                              0 |                0 |                 1 |                 1 |
| 4       | Bihar                |                  12 |              677 |              1 |               10 |                              0 |                0 |                 0 |                 0 |
| 5       | Chhattisgarh         |                  13 |              250 |              6 |                9 |                              0 |                0 |                 3 |                96 |
| 6       | Goa                  |                   2 |                2 |              2 |                0 |                              0 |                0 |                 0 |                 0 |
| 7       | Gujarat              |                   6 |              147 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 8       | Haryana              |                   4 |              295 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 9       | Himachal Pradesh     |                   0 |                0 |              0 |                0 |                              2 |               32 |                 0 |                 0 |
| 10      | Jammu and Kashmir    |                   5 |              281 |              2 |                0 |                              0 |                0 |                 0 |                 0 |
| 11      | Jharkhand            |                  11 |              457 |              1 |               19 |                              0 |                0 |                 1 |                80 |
| 12      | Karnataka            |                  16 |              156 |              1 |               19 |                              0 |                0 |                 0 |                 0 |
| 13      | Kerala               |                   9 |               29 |              2 |                5 |                              0 |                0 |                 1 |                 7 |
| 14      | Madhya Pradesh       |                  18 |              448 |              3 |               55 |                              0 |                0 |                 0 |                 0 |
| 15      | Maharashtra          |                  55 |             1748 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 16      | Manipur              |                   4 |               40 |              0 |                0 |                              1 |               40 |                 0 |                 0 |
| 17      | Meghalaya            |                   3 |               43 |              2 |               18 |                              0 |                0 |                 2 |                 5 |
| 18      | Mizoram              |                   8 |               91 |              2 |               46 |                              0 |                0 |                 0 |                 0 |
| 19      | Nagaland             |                  12 |               90 |              2 |               13 |                              0 |                0 |                 0 |                 0 |
| 20      | Orissa               |                   0 |                0 |              0 |                0 |                              4 |              345 |                 0 |                 0 |
| 21      | Punjab               |                   4 |              139 |              2 |               42 |                              0 |                0 |                 0 |                 0 |
| 22      | Rajasthan            |                  34 |             1413 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 23      | Sikkim               |                   2 |               20 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 24      | Tamil Nadu           |                   8 |              309 |              2 |               75 |                              0 |                0 |                 1 |                30 |
| 25      | Tripura              |                   3 |                7 |              1 |                0 |                              0 |                0 |                 0 |                 0 |
| 26      | Uttar Pradesh        |                  26 |             1936 |              2 |                5 |                              0 |                0 |                 1 |                 8 |
| 27      | Uttarakhand          |                   9 |               79 |              2 |               22 |                              0 |                0 |                 2 |                19 |
| 28      | West Bengal          |                   6 |              160 |              0 |                0 |                              5 |              510 |                 0 |                 0 |
| 29      | Telangana            |                   7 |              164 |              1 |               49 |                              1 |               76 |                 0 |                 0 |
| 30      | Andaman & Nicobar    |                   0 |                0 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 31      | Chandigarh           |                   1 |               22 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 32      | Dadra & Nagar Haveli |                   0 |                0 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 33      | Daman and Diu        |                   0 |                0 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 34      | Lakshadweep          |                   0 |                0 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
| 35      | NCT of Delhi         |                   4 |              251 |              1 |               15 |                              0 |                0 |                 1 |                58 |
| 36      |                      |                   2 |                3 |              0 |                0 |                              0 |                0 |                 0 |                 0 |
|         | Puducherry           |                 301 |             9524 |             38 |              441 |                             16 |             1160 |                13 |               304 |