Lok Sabha Question No. 3096 (UNSTARRED), answered on 2021-08-06
Subject: Condition of Juvenile Home Inmates
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Jyotirmay Singh Mahato

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.3096

TO BE ANSWERED ON 6.08.2021

## CONDITION OF JUVENILE HOME INMATES

†3096. SHRI JYOTIRMAY SINGH MAHATO:

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

- (a) whether  the  Government  has  taken  note  of  the  pathetic  condition  of  large number of Juvenile Homes across the country where the children are served poor  quality  food,  exposed  to  the  corporal  punishment  and  are  deprived  of proper education and skill development and also any medical and legal-aid;
- (b) if so, the details thereof;
- (c) whether several Juvenile Homes are not producing these children before the Child Welfare Committees or Juvenile Justice Boards as mandated under the Juvenile Justice Act; and
- (d) if so, the details thereof and  the corrective  measures  adopted  by  the Government in this regard?

## ANSWER

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

(a)  to  (d):  The  children  in  distress  situations  merit  care  and  protection  under  the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Act and Rules made thereunder mandate a safety net of service delivery structures along with  institutional  and  non-institutional  care  for  these  children. The  JJ  Act  and  the Juvenile Justice (Care and  Protection of Children) Model  Rules,  2016  framed thereunder,  inter-alia  specify  the  benchmark  of  services  to  be  delivered  to  the children.  As per the Act, the Child Welfare Committee is mandated to conduct at least two inspection visits per month of residential facilities for children in need of care and protection and recommend action for improvement in quality of services to District Child Protection Unit and State Government (Section 30 (viii)). The Juvenile Justice Board is mandated vide  Section  8  (j)  to   conduct  at  least  one  inspection  visit  every  month  of residential facilities for children in conflict  with  law  and  recommend  action  for improvement  in quality of services to District Child Protection Unit and  State Government.

As per Section 10( 1 ) of the JJ Act, as soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended and under Section 31( 1 ) any child in need of care and protection may be produced before the Child Welfare Committee without any loss of  time  but  within  a  period  of  twenty  four  hours  excluding  the  time  necessary  for  the journey. The primary responsibility of execution of the Act lies with the States/UTs.

As per Section 109 of JJ Act, National Commission for Protection of Child Rights has been  mandated  to  monitor  the  implementation  of  the  provisions  of  JJ  Act.  The Commission has conducted social audit of CCIs across the country. The Report of the social  audit  is  available  at  the  website  of  NCPCR.  Findings  of  the  Report  along  with recommendations  of  the  Commission  have  been  shared  with  respective  District Magistrates for appropriate action.

The Ministry has asked the State Governments and UT Administrations 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  as  prescribed under the Act & Rules. The States/UTs have also been requested to maintain oversight through the District Magistrates, to ensure quality services to children. The Ministry has also issued an advisory to all 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. The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, to amend the Juvenile Justice Act, 2015, has been  passed by the Parliament to empower District Magistrates (DM) with the responsibility of care and protection of vulnerable children in the District, as per the provisions of the Act.

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