Lok Sabha Question No. 2075 (UNSTARRED), answered on 2025-08-01
Subject: Juvenile Justice Act
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Shri Hanuman Beniwal

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 2075 TO BE ANSWERED ON 01.08.2025

## JUVENILE JUSTICE ACT

## 2075. SHRI HANUMAN BENIWAL:

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

- (a) whether the Government is considering amendments to Juvenile Justice Act/other laws to mandate stricter action against employers of child labour, if so, the details thereof;
- (b) the number of challans issued and convictions achieved under existing laws in 2024-25;
- (c) whether  the  Government  has  identified  any  gaps  in  coordination  among  child  welfare committees, police and judiciary; and
- (d) if so, the details thereof and the measures being taken to ensure that rescued children are not re-trafficked/employed?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SAVITRI THAKUR)

(a) to (d):  The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015), as amended in 2021 is the primary legislation for ensuring safety, security, dignity and well-being of Children in Need of Care and Protection (CNCP) as well as Children in Conflict with Law (CCL). It caters to their basic needs, care, protection, development, treatment, rehabilitation and social reintegration.  The Act creates statutory structures at the State and District levels which include State Child Protection Society, Child Welfare Committees, Juvenile Justice Boards(JJBs), District Child Protection  Units.  It  also  provides  for  establishment  of  Child  Care  Institutions.  The  JJ  Act  was amended last in 2021 and further amendments are not under consideration at present.

As per Section 2 (14) (ii) and (ix) of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) as amended in 2021, a child who is found working in contravention of the provisions of this act or labour laws for the time being in force or is found begging, or living on the street and who is found vulnerable is included as a 'child in need of care and protection', among others.

The Government of India has taken several steps to prevent child labour including enactment of the Child and Adolescent Labour (Prohibition & Regulation) Act, 1986.   The Act  inter-alia covers complete prohibition of work or employment of children below 14 years of age in any occupation or  process  and  prohibition  of  adolescents  in  the  age  group  of  14  to  18  years  in  hazardous occupations and processes.  It also provides for stricter punishment for employers for violation of the Act and made the offence as cognizable.

Ministry  of  Home  Affairs  has  issued  an  advisory  dated  17.10.2022  to  State  Governments/UT Administrations regarding appointment of Child Welfare Police Officers and Special Juvenile Police Units under the Juvenile Justice (Care and Protection) Act, 2015 as these play a critical role in dealing with crime against children. Further, MHA has also issued another advisory dated 30.04.2024 to all State Governments/UT Administration to take pro-active steps to eliminate child labour including registration  of  FIRs,  ensuring  better  coordination  between  law  enforcement  agencies  and  other stakeholders like NGOs; Anti-Human Trafficking Units; District Child Protection Units; Railway Protection Force; Labour factories etc., sensitizing the law enforcement agencies about gravity of child labour by way of training/workshops/seminars etc.

Section  143  of  BNS  defines  trafficking  as  recruiting,  transporting,  harbouring,  transferring,  or receiving  a  person  for  exploitation  using  various  coercive  means.  The  section  outlines  severe punishments  for  trafficking,  with  higher  penalties  for  trafficking  multiple  persons  or  children. Further, Section 144 of BNS, 2023, deals with the exploitation of trafficked persons, including sexual exploitation. The section outlines different punishments for exploiting trafficked children and adults, with distinct terms of imprisonment and fines. Section 95 of BNS related to hiring, employing or engaging a child  etc.to  commit  an  offence,  Section  99  of  BNS  related  to  buying  a  child  for  the purposes  of  prostitution  are  also  relevant  in  the  context  of  human  trafficking.  Additionally,  the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 also recognizes trafficking as a cognizable and non-bailable offence.

Further, Ministry of Women and Child Development is implementing Centrally Sponsored Scheme namely  Mission  Vatsalya  through  the  State/  UT  Governments  on  pre-defined  cost  sharing  basis between the Centre and the State Governments to deliver various services for children in difficult circumstances, which include both institutional and non-institutional care services. The Child Care Institutions  (CCls)  established  under  the  Mission  Vatsalya  scheme  support,  inter-alia,  ageappropriate education, access to vocational training, recreation, health care, counselling etc. Support under non-institutional care is provided by way of sponsorship, foster care and after care to children in need of care and protection.

Also, the Ministry of Women and Child Development regularly follows up with the State/ UT Governments so as to ensure better implementation of the processes and procedures mandated under the JJ Act and Rules.

Further,  'Police'  and  'Public  Order'  are  the  "State'  subjects  under  the  Seventh  Schedule  to  the Constitution  of  India.  The  responsibility  for  preventing  and  countering  the  crime  of  human trafficking, therefore, primarily vests with respective States/ Union Territories, who are competent to deal with such offences under extant provisions of law.

National  Crime  Records  Bureau  (NCRB)  compiles  and  publishes  information  on  crime  in  its publication "Crime in India". The latest published report pertains to the year 2022.

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