Lok Sabha Question No. 3433 (UNSTARRED), answered on 2021-12-17
Subject: Juvenile Homes
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Navneet Ravi Rana

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UN-STARRED QUESTION NO.3433

TO BE ANSWERED ON 17.12.2021

## JUVENILE HOMES

## 3433. SHRIMATI NAVNEET RAVI RANA :

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

- (a) whether the Government has taken note that children are not being taken care of in juvenile  homes  across  the  country  and  are  given  physical  punishment,  served substandard food, deprived of any medical and legal assistance and denied proper education and skill development, if so, the reaction of the Government thereto;
- (b) whether  several  juvenile  homes  are  not  presenting  children  before  child  welfare committees or Juvenile Justice boards as per the provisions of Juvenile Justice Act;
- (c) if so, the details thereof along with the measures being adopted by the Government in this regard;
- (d) whether the Government has also taken note of the miserable condition of children who are  malnourished  and  victims  of  child  marriage,  child  labour,  trafficking  and illiteracy; and
- (e) if so, the details thereof and the corrective steps taken in this regard?

## ANSWER

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

(a)  to  (c)  :   The  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2015  is  the primary  legislation  for  ensuring  the  safety,  security,  dignity  and  well-being  of  children. The Act provides for protection of children in need of care and protection and those  in conflict with law by catering to their basic needs through care, protection, development, treatment and social re-integration.  Under the centrally sponsored scheme namely Child Protection Services (CPS) Scheme  support is provided to the States  and  UT Governments  for  delivering  services  for  children  in  need  of  care  and  in  difficult circumstances as mandate under JJ Act, 2015. The primary responsibility of implementation of the JJ Act lies with the respective State/UT Government.

Under section 54 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the State  Governments  have  to  appoint  Inspection  Committees  and  under  section  53,  to assess  the  basic  facilities  and  infrastructure  of  the  Institution  for  maintaining  their standards.  Also section 32 to 34 of JJ Act, 2015 mentions the procedure for mandatory reporting including offence for non-reporting and penalty.

The Ministry regularly follows up with the State / UT Governments so as to ensure that Child Care Institutions (CCIs) including Juvenile Homes adhere to standards of care as per  the  JJ  Act,  2015  provisions.   Various  advisories  have  been  sent  to  all  State/UTs regarding mandatory inspection of all CCIs.

(d) & (e) : Ministry has time and again requested all States/UTs regarding adhering to the  procedures  stipulated  under  JJ  Act,  2015  and  JJ  Rules,  2016  relating  to  physical infrastructure, clothing/bedding/toiletries, sanitation & hygiene, Nutrition and Diet scale, Medical care, mental health, Education etc. of the CCIs.

Further, the Prohibition of Child Marriage Act 2006 has been enacted with the objective of  prohibiting  child  marriages.   The  Act  prohibits  the  solemnization  of  child  marriages where a person who, if a female has not completed 18 years of age and if a male has not completed 21 years of age. According to the Act, child marriage is a cognizable and non-bailable offence.

Further, it is stated that ''Police'' and ''Public Order'' are State subjects under the Seventh Schedule (List-II) to the Constitution of India and, therefore, the State Governments and Union Territory (UT) Administrations are responsible for prevention, detection, registration, investigation and prosecution of all crimes within their jurisdiction including trafficking  in  persons.  State  Governments/  UT  administrations  are  empowered  to  deal with such matters under extant provisions of law.

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