Role of Para Legal Volunteers under Juvenile Justice Act, 2015

Associate Professor of LawAssociate Professor of Law
Dr. KALPESHKUMAR L. GUPTADr. KALPESHKUMAR L. GUPTA
Two days workshop on Paralegal
Volunteers for Strengthening Child
Protection Systems & Services
organised byorganised by
at
on May 25-26, 2019
www.klgupta.inwww.klgupta.in
1

Agenda :-
1.Introduction
2.Integrated Child Protection Scheme (ICPS),
2009
3.NALSA (Child Friendly Legal Services to
Children and their Protection) Scheme, 2015
4.The Juvenile Justice Act (Care & Protection
of Children) Act, 2015
5.Case Study
6.Q & A, Discussion, Exercise
2

Agenda :-
1.Introduction
2009
5.Case Study
3

GOVT.
MACHINERY
GOVT.
MACHINERY
PLVsPLVs
CHILDRENCHILDREN
4

Introduction
“It cannot be questioned that children are amongst the most
vulnerable sections in any society. They represent almost
one-third of the world’s population and unless they are
provided with proper opportunities, the opportunity of
making them grow into responsible citizens to tomorrow will
slip out of the hands of present generations..”
https://nalsa.gov.in/
5

Introduction
Salil Bali v/s. Union of India & Anr (SC 2013)
It is our obligation to the young generation to open up all
opportunities including the legal services for every child to
unfold its personality and rise to its full stature, physical,
mental, moral and spiritual.
https://nalsa.gov.in/
6

International Commitments
- While adopting the declaration of the rights of the child
on 20th
Nov 1959, the General Assembly of the UN laid
down 10 principles designed to enable children,
irrespective of race, colour, sex, language, religion or
origin, to develop physically, mentally, morally, spiritually
and socially in a healthy and normal manner and in
conditions of freedom and dignity.
7

The Declaration of the Rights of the Child lays down ten principles
1. The right to equality, without distinction on account of race, religion
or national origin.
2. The right to special protection for the child’s physical, mental and
social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is
physically or mentally handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and
exploitation.
10. The right to be brought up in a spirit of understanding, tolerance,
friendship among peoples, and universal brotherhood.

8

- The UN standard minimum rules for the administration
of Juvenile Justice (The Beijing Rules 1985) call on states
to ensure that throughout the proceedings the Juvenile
shall have the right to be represented by a Legal
Advisor or to apply for free legal aid where there is
provision for such aid in the country.
9

-The UN Conventions on the Rights of the Child (UNCRC)
is a comprehensive, internationally binding agreement on
the rights of children, adopted by the UN General
Assembly in 1989.
-The purpose of the UNCRC is to outline the basic
human rights that should be afforded to children.
-There are four broad classification of these rights. There
four categories cover all civil, political, social, economic
and cultural rights of every child.
10

Constitutional Assurance
Article 14
Article 15(3)
Article 21
Article 21(A)
Article 22
Article 23(1)
Article 24
Article 29(2)
Article 39(e)
Article 39(f)
Article 45
Article 47
Article 51A(k)
11

Other Legislations
1. The Guardian & Wards Act, 1890
2. The Child Labour (Prohibition & Regulation) Act 1986
3. The Pre-Natal Diagnostic Techniques (Regulations &
Preventions of Misuse) Act, 1994
4. Juvenile Justice (Care & Protection of Children) Act,
2000
5. The Commission for Protection of Child Rights Act,
2005
6. The Prohibition of Child Marriage Act, 2006
7. The Right of Children to Free & Compulsory
Education Act, 2009
8. The Protection of Children from Sexual Offences Act,
2012
12

Entitlement to Legal Services
Children are the beneficiaries of legal services under the
Legal Services Authorities Act, 1987
13

Agenda :-
1.Introduction
2009
5.Case Study
14

Integrated Child Protection Scheme (ICPS)
A Centrally Sponsored Scheme of Govt. – Civil Society Partnership
-Launched in 2009 by Ministry of Women & Child
Development in partnership with the state govt./ UT.
-It has strengthened prevention of child rights violation,
enhanced infrastructure for protection services, provided
financial support for implementation of Juvenile Justice
Act
-Implemented as a Govt. – Civil Society Partnership under
the overarching direction and responsibility of the Central
& State Govts.
15

Approaches
-Prevention
-Promotion of family based care
-Financing
-Integrated service provision – range of services
-Community based service delivery
-Decentralization and flexibility to focus on local need
-Partnership Building & Community Empowerment
-Quality Care, standard for care and protection
-Building Capacity
-Monitoring & Evaluation
16

Service Delivery Structure
-State Child Protection Society
-District Child Protection Units
17

Structure of State Child Protection Society
18

Structure of District Child Protection Unit (DCPU)
19

Agenda :-
1.Introduction
2009
5.Case Study
20

NALSA (Child Friendly Legal Services to Children &
Their Protection) Scheme, 2015
Objectives
- Outline Basic rights for children
- Legal representation to children
- To strengthen legal services institutional care, counseling
& support services
- Create an environment in juvenile justice system
- To enhance capacity at all levels, of all functionaries
including PLV, Panel Lawyers, Counsellors, Service
providers, NGOs, local bodies, judiciary
- To ensure that mandatory authorities and institutions
like JJBs, CWC, observation, shelter homes etc. under
various child friendly legislation been set up.
https://nalsa.gov.in/sites/default/files/document/Child%20Friendly%20Legal%20Services%20to
%20Children%20and%20their%20Protection.pdf 22

Objectives
- To have database of all the existing central or state
schemes, policies, regulations, SOPs, police directives,
conventions, rules, declaration, comments and reports etc.
available for child welfare and protection
- To undertake research and documentation to study the
various schemes, laws etc. to find out the gaps and then
to make suggestions to appropriate authorities.

Legal Services Clinics
-SLSA shall set up Legal Services Clinic at every Juvenile
Justice Board and Child Welfare Committee in each
district in the state
-PLV’s shall be deputed in such clinics
-Legal Services Clinics so established shall be governed by
the NALSA (Legal Aid Clinics) Regulation 2011.

Training & Orientation Programme
-All SLSA shall strictly adhere to various guidelines
already issued by NALSA.
-For stakeholders
Legal Awareness
- Great role of PLVs

Database
All SLSA shall have database of all the existing central or
state schemes, policies, regulations, SOPs, police
directives, conventions, rules, declarations, comments and
reports etc. available for child welfare and protection so
that same may be used as and when required for legal
awareness and for providing legal services to the juveniles.

Agenda :-
1.Introduction
2009
5.Case Study
27

The Juvenile Justice (Care & Protection of Children)
Act, 2015 - Arrangements
An Act to consolidate and amend the law relating to
children alleged and found to be in conflict with law and
children in need of care and protection
by catering to their basic needs through proper care,
protection, development, treatment, social re-integration,
by adopting a child-friendly approach in the adjudication
and disposal of matters in the best interest of children and
for their rehabilitation through processes provided, and
institutions and bodies established, hereinunder and for
matters connected therewith or incidental thereto.
28

2(12) “child” means a person who has not completed
eighteen years of age;
2(13) “child in conflict with law” 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;
2(14) “child in need of care and protection” means a
child homeless, working contravention of labour laws,
mentally/physically challenged, abandoned, missing, likely
to be abused, victim of circumstances etc.
29

Chapter 1 – Preliminary
Chapter 2 – General principles of care and protection of
children
Chapter 3 – Juvenile Justice Board
Chapter 4 – Procedure in relation to children in conflict
with law
Chapter 5 – Child Welfare Committee
Chapter 6 – Procedure in relation to children in need of
care and protection
Chapter 7 – Rehabilitation & Social Re-intergration
Chapter 8 – Adoption
Chapter 9 – Other offences against children
Chapter 10 - Miscellaneous
30

Section 3 – General principles to be followed in administration of
act
-Principle of presumption of innocence
-Principle of dignity and worth
-Principle of participation
-Principle of best interest
-Principle of family responsibility
-Principle of safety
-Positive measures
-Principle of non-stigamtising semantics
-Principle of equality
-Principle of right to privacy
-Principle of institutionalization as a measure of last resort
-Principle of repatriation and restoration
-Principle of fresh start
-Principle of natural justice
31

Juvenile Justice Board (Sec. 4)
Child Welfare Committee (Sec. 27)
State Child Protection Society &
Dist. Child Protection Unit (Sec. 106)
Child Welfare Police Officers &
Special Juvenile Police Unit (Sec. 107)
Child Care Institutions (2(21)
Children Home (Sec. 50),
Open shelter (Sec. 43),
Observation home (Sec. 47),
Special home (Sec. 48),
Place of safety (Sec. 49),
Specialised Adoption Agency
(Sec. 65)
Fit facility (Sec. 51)
32

Section 4 – Juvenile Justice Board
-State Govt. shall constitute for every district, one or more juvenile
justice boards for exercising the powers and discharging its functions
relating to children in conflict with law under this act
-Board will have Metropolitan Magistrate/Judicial Magistrate First
Class and 2 social workers (One will be woman)
-What if child completes 18 yrs while inquiry is going on? (Sec. 5)
-Venue not look like court (Sec. 7)
-Child may be produced individual member. Two member at least in
final order including Principal Magistrate (Sec. 7)
-Involvement with CWC regarding child in need of a care (Sec. 8)
-No child alleged to be in conflict with law shall be placed in a police
lockup or lodged in a jail. (Sec. 10)
-Information to parents/guardian (Sec. 13)
33

Section 4 – Juvenile Justice Board
-Inquiry to be completed in 4 months from the date of first production
of a child before board. 2 more months can be extended (Sec 14)
-Child below the age of 16 years as on the date of commission of an
offence (Sec 14)……..Child above 16 years as on the date of commission
of an offence (heinous offences, Sec 15)
-Review Pendency of inquiry every 3 months by Chief Judicial
Magistrate/Chief Metropolitan Magistrate (Sec. 16)
-Order regarding a child not found to be in conflict with law (Sec. 17)
-Order regarding a child found to be in conflict with law (Sec. 18)
-No death penalty or life imprisonment for child (Sec. 21)
34

Section 27 – Child Welfare Committee
-The State Govt. shall constitute for every district one or more CWCs
-A Chairperson and 4 members
-District Child Protection Unit shall provide a Secretary
-Quarterly review by District Magistrate
-Meet at least 20 days in a month
-The Committee shall have the authority to dispose of cases for the
care, protection, treatment, development and rehabilitation of children
in need of care and protection, as well as to provide for their basic
needs and protection. (Sec. 29)
-Functions and responsibilities as mentioned in Section 30
-Order regarding a child in need of care and protection (Sec 37)
35

Chapter 7 – Rehabilitation & Social Integration
-Process of rehabilitation & Social Integration (Sec. 39)
-The restoration and protection of a child shall be the prime objective of
any Children’s Home, Specialised Adoption Agency or open shelter (Sec.
40)
-The Committee shall have the powers to restore any child in need of
care and protection to his parents, guardian or fit person, as the case
may be, after determining the suitability of the parents or guardian or
fit person to take care of the child, and give them suitable directions.
(Sec. 40)
-Registration of Child Care Institutions (Sec. 41), Valid for 5 years, can
be renewed. Non registration imprisonment upto 1 year or a fine not
less than 1 lakh rs or both (Sec. 42)
36

Sec. 2(21) “child care institution” means Children
Home (Sec. 50), open shelter(Sec. 43), observation
home(Sec. 47), special home (Sec. 48), place of safety(Sec.
49), Specialised Adoption Agency (Sec. 65) and a fit facility
(Sec. 51) recognised under this Act for providing care and
protection to children, who are in need of such services;
Inspection once in a 3 months (Sec. 54)
37

In all the 9589 CCIs/Homes covered under the study, it has
been found that there are
7422 children in conflict with law (CCL), including 5617 are
boys while 1805 are girls.
The number of Children in Need of Care and Protection (CNCP)
have been found to be 3,70,227 of which 1,99,760 are boys,
1,70,375 are girls and 92 are transgender children.
https://wcd.nic.in/sites/default/files/CIF%20Report%201_0.pdf
38

Chapter 8 – Adoption
- Adoption shall be resorted to for ensuring right to family for the
orphan, abandoned and surrendered children, as per the provisions of
this Act, the rules made thereunder and the adoption regulations
framed by the Central Adoption Resource Authority. (Sec. 56)
39

Chapter 9 – Other offences against children
- Prohibition on disclosure of identity of children. (Sec. 74)
- In contravention imprisonment upto 6 months or fine extended to Rs.
2 Lakhs or both.
40

Chapter 10 – Miscellaneous
Appeals (Sec 101)
-Appeal to Children’s court in 30 days against the order of
Board/Committee. Against the order of Children’s Court to HC
-Board’s order on Preliminary Assessment under Sec. 15 before
Session Court. No Second Appeal against order of Session Court
-No appeal shall lie from,—
-(a) any order of acquittal made by the Board in respect of a child
alleged to have committed an offence other than the heinous offence by
a child who has completed or is above the age of sixteen years; or
-(b) any order made by a Committee in respect of finding that a person
is not a child in need of care and protection.
41

Agenda :-
1.Introduction
2009
5.Case Study
42

A Report on Inspection of Child Care Institutions
of Odisha by National Commission for Protection
of Child Rights, January, 2019
With passage of time, juvenile justice system has evolved in
India to create an enabling environment to provide care and
protection to the children keeping in view the best interest of a
child.
The best interest of the child is the cornerstone upon which the
decision of sending a child to an institution is to be taken.
The “best interest of child” means the basis for any decision
taken regarding the child, to ensure fulfilment of his basic rights
and needs, identity, social well-being and physical, emotional
and intellectual development. (Sec. 2(9))
http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=1826&lid=1815
43

The Juvenile Justice (Care & Protection of Children) Act, 2015
has aptly states “Principle of institutionalization as a measure of
last resort- A child shall be placed in institutional care as a step
of last resort after making a reasonable inquiry”.
Therefore, children living in the Child Care Institutions may be
seen through the lens of the principle of best interest of the
child.
44

The Commission has also been mandated to monitor the
implementation of the Juvenile Justice (Care & Protection of
Children) Act, 2015 (Section 109, JJ Act, 2015).
In pursuance of the communication from the Minister of
Women and Child Development to the Chief Minister of Odisha
dated 07.12.2018 regarding pathetic state of affairs at the Good
News India organization's Shelter Homes for children in various
parts of the state, NCPCR conducted an inspection of the Child
Care Institutions in Odisha covering 19 districts of the State.
The teams led by NCPCR officials conducted inspection in 50
Child Care Institutions run by the NGOs and Government.
45

Findings
Urgent need to implement JJ Act, govt support for funding
Lack of Sensitization of official involved in juvenile justice
system
Children are kept managed by religious institutions, CWC are
not sensitised then it will go against the spirit of secular
principles
Teaching religious text like Bible to students
Some of the CCI have self declared as hostels and running
without any regulations.
46

In 21 homes inadequate security arrangements
Police verification not carried out in 14 homes
There is a need of inspection of homes run by this
organization in other states.
47

Standard of Care & Procedure
28 homes lack minimum standard of care and facilities
27 CCI do not have trained counsellor (Violation of Rule 26 JJ
Rules, 2016
10 Homes do not have Children’s Committees (Rules 40)
13 Homes do not have Mgt Committees (Rule 39)
 In 4 homes children were not produced to CWC
48

Infrastructure
Situation demands for immediate action in 12 homes
In 22 homes, no suggestions book/box was found functional
during the inspection
It was found that 11 homes had no electricity backup
Sickroom/First Aid room, violation in 20 homes
Counselling and guidance room lacking in 24 homes inspected
by the team
In 10 homes, there was no provisions for age appropriate
games
49

Infrastructure
In 32 homes no cooler was available for children
In 14 homes the 1098 – child helpline was not displayed
 in 20 homes the implementation of the track the missing
child not done
50

Recommendations
5 homes may be closed due to reasons like, home is running
without valid registration. Large no of children kept without the
order of CWC, religious influence, lack of basic facilities, no
female staff in home despite girls are staying at home
In 13 homes, FIR may be registered or police enquiry may be
carried out for various reasons indicated in the report. Further
enquiry is required in 6 homes for detailed information and
facts. Children from 9 homes may be produced to the respective
child welfare committees for their individual cases. In 8 homes
need immediate necessary action.
51

Agenda :-
1.Introduction
2009
5.Case Study
52

https://trackthemissingchild.gov.in
53

54

56

62
http://www.tele-law.in/
Launched in April 20, 2017

67
http://www.tele-law.in/static/dist/pdf/iec-materials/handbook/Tele%20Law%20Brochure-PRINT.pdf

68

69

71
Launched in February 19, 2019
This mobile application will enable the PLVs to perform on field pre
– registration of cases with a facility to seek appointment from the
Panel lawyer on preferred date and time, in coordination with
Village Level entrepreneur (VLE) at the CSC. The application will
benefit 73,000 PLVs of National Legal Service Authority and State
Legal Services Authorities (SLSA) in the country who will be
associated under Tele-Law service.

75
Important Websites
http://cara.nic.in/
http://carings.nic.in/caraHQ/DCPU_Detail_Online.aspx
https://trackthemissingchild.gov.in
http://www.childprotectioninfo.in
https://www.childlineindia.org.in/

Dr. Kalpeshkumar L Gupta
www.klgupta.in
76

Role of Para Legal Volunteers under Juvenile Justice Act, 2015

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