Juvenile Justice Act

Juvenile Justice introduction

The Mandate of the National Commission for Protection of Child Rights (NCPCR) is to ensure that all laws, policies, programmes, and administrative mechanisms are in consonance with the child rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of Child (UNCRC). The major functions of NCPCR are to look into matters relating to children in need of special care and protection, children in conflict with law, juveniles and children without family; examine all factors that inhibit the enjoyment of rights of most vulnerable children and children in need of special care and protection; undertake periodical review of existing policies, programmes and other activities on child rights and make recommendation for their effective implementation in the best interest of children; inspect any juvenile custodial home, or any other place of residence or institution meant for children for the purpose of treatment, reformation or protection and take up with these authorities for remedial action for non-implementation of laws for protection and development of children.

Juvenile Justice Workshops

National Commission for Protection of Child Rights (NCPCR) organizes as well as attends Conferences, Seminars, Workshops, Consultations, Meetings, etc. on child rights issues.

Juvenile Justice Policy Interventions

• Preparation of Standard Operating Procedures on Adoption for Specialised Adoption Agencies
• Preparation of Training Manual for streamlining the Adoption Programme in Rajasthan
• Wrote to Government of India and State Governments for intervention on the huge pendency of cases in the Juvenile Justice Boards
• Policy Analysis of barriers CWCs face in reaching out to the street children or vice versa
• Strengthening Administration of JJ System
• Knowledge and Skill Management on Child Protection Issues
• Provided inputs on Child Protection issues to the National Policy on Children 2013
• Registration of Child Care Institutions in States/UTs- Recommendations sent to Secretary MWCD, Govt of India regarding the withdrawal of applicability of the Orphanages and Other charitable Homes (Supervision and Control) Act, 1960 over institution for children to on 09.11.2012
• Inputs for Justice Verma Committee regarding age of Juvenility

Juvenile Justice Public Hearing

National Commission for Protection of Child Rights (NCPCR) conducts public hearings in various states on various child rights issues, based on the quantum and nature of complaints received for spot redressal of the issues and concerns

Juvenile Justice Summon Hearing

National Commission for Protection of Child Rights (NCPCR) makes recommendations to the States/UTs based on the observations made during field visits or complaints received. If the concerned authority does not respond to the recommendations, NCPCR sends reminder(s) and also may consider summoning the officials to appear physically with relevant information/documents.

Juvenile Justice Inquiry

Survey of all Jails in Delhi is undertaken on regular basis, pursuant to the Order of the High Court of Delhi to find out the number of juveniles in jails. Inspection of Children Homes (both Government and NGO-run) in Delhi is on pursuant to the directions of the Hon’ble High Court of Delhi to review the infrastructure and standards. The reports on the same was shared with the Government of National Capital Territory (NCT) of Delhi and filed in the High Court through affidavit for remedial measures. National Commission for Protection of Child Rights visits the childcare institutions as and when undertakes field visits and makes inspection if any complaints are received.

Juvenile Justice Field Visits

National Commission for Protection of Child Rights (NCPCR) makes filed visits to various part of the country to enquire into the child rights issues. During the last one year visited the child care institutions of Rajasthan, Delhi, Goa, Himachal Pradesh, Odisha and West Bengal among others. NCPCR reviewed the implementation of Integrated Child Protection Scheme of 15 States through Video conference and field visits.

Juvenile Justice Court Interventions

Naional Commission for Protection of Child Rights (NCPCR) is involved in the following court matter relating to juvenile issues:

• Hemanti Mallick vs. UOI and Others (Criminal Writ Petition No. 1437 of 2010) before the Hon’ble High Court of Delhi relating to trafficking of children by placement agencies
• Brindavan Sharma Vs. the State of GNCTD, Crl. A. No. 927/2002, before the High Court of Delhi to Review of draft scheme of the Delhi Government for Financial Aid to Women in Distress Rules, 2012 and Review of the redrafted scheme “Protection Aid to the children of Incarcerated Parents and After Care Rehabilitation Grant, 2013” at the office of the Director, Dept. of WCD, GNCTD
• Naryanan Vs. State Govt. of Tamil Nadu, W.P. No.: 18556/ 2012 in the matter of incidence of child trafficking of children from Odisha to Tamil Nadu, before the High Court of Madras
• Budhadev Karmaskar vs. State of West Bengal (Crl.) Appeal No.: 135/2010, before the Supreme Court of India
• Criminal Misc. Writ Petition No. 20737/ 2011 in the matter of Rajkiya BAL Grih, Varanasi and Criminal Writ (PIL) No.4207 of 2012 in the matter of Government Children’s Home at Shivkuti, Allahabad

Juvenile Justice Complaints

Inputs are provided on child protection issues on various complaint matters.