PROGRAMMES FOR CARE AND PROTECTION OF
CHILDREN
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The Juvenile Justice (Care and Protection of Children) Act, 2000
The Juvenile Justice (Care and Protection of Children) Act, 2000, which has replaced the earlier Juvenile Justice Act, 1986, has been enforced in the entire country except the State of Jammu & Kashmir w.e.f 1st April 2001. The new law is friendlier and provides for proper care and protection. A clear distinction has been made in this Act between the juvenile offender and neglected child. It also prescribes a uniform age of 18 years below which both boys and girls are to be treated as children. It also aims to enable increased accessibility to a juvenile or the child by establishing Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts. In order to ensure speedy implementation of the new law on Juvenile Justice, the Ministry framed Model Rules under the Act for the guidelines of State Governments/AT administrations. These Rules were published in the Gazette of India (Extra Ordinary) dated 22nd June, 2001 and were also circulated to all the state Governments/UT Administrations with the request to either adopt these Model Rules or frame their own Rules on the basis of these Model Rules.
A Bill seeking amendment to The Juvenile Justice (Care and Protection of Children) Act, 2000 was introduced in Lok Sabha on 24th July, 2003 and it was referred to the Standing Committee on Labour and Welfare for examination. However, the Lok Sabha was dissolved before the committee could submit its report and the Bill lapsed.
Thereafter, consultations were made with several Departments, child welfare organizations, legal and child welfare experts regarding the Bill on the amendment proposals of the Act. Based on consultations, revised amendment proposal had been prepared and submitted to the Cabinet for its approval. The Cabinet in its meeting held on 18.08.05 approved the proposal. Thereafter, Ministry introduced the Juvenile Justice (Care and Protection of Children) Amendment Bill 2005 in the Lok Sabha on 29.08.05 and Hon’ble Speaker referred the Bill to the Standing Committee on Social Justice & Empowerment for examination and report. After the work re-allocation, the subject matter of the Act came under the Ministry of Women and Child Development. Detailed consultations with State Governments and NGOs/Child Welfare Experts were held on the possible amendments. Thereafter, an amendment Act with more comprehensive amendment provisions was got passed in both houses of Parliament. The amendment Act has come into effect from 23.08.2006.
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A Programme for Juvenile Justice
The Juvenile Justice (Care and Protection of Children) Act, 2000 lays down the primary law for not only the care and protection of the children but also for the adjudication and disposition of matters relating to children in conflict with law. For the implementation of the Act, the Ministry is implementing a plan Scheme called, ‘A Programme for Juvenile Justice’. The objectives of the Programme for Juvenile Justice are:
To extend help to State Governments to bear the cost of infrastructure and services development under the Juvenile Justice Act in order to ensure that in no circumstances the child in conflict with law is lodged in a regular prison.
To ensure minimum quality standards in the juvenile justice services
To provide adequate services for prevention of social maladjustment and rehabilitation of socially maladjusted juveniles
Ensure participation of community and other organizations into the care and protection of children in conflict with law who are perhaps more vulnerable than other groups of children
Under the scheme, the Ministry provides 50% assistance to State Governments and UT Administrations for establishment and maintenance of various levels of institutions for juveniles in conflict with law and children in need of care and protection. During the year 2005-06, an amount of Rs. 20.03 crore was released to 23 States/UTs. The budget outlay for the current financial year is Rs. 25.00 crore.
The Central Adoption Resource Agency(CARA) is an autonomous body under the Bureau. It deals with all matters relating to child adoptions. The following schemes are presently being implemented through CARA:
Assistance to Homes for Infants and Young Children for Promoting In-country Adoption :
Under this Scheme financial assistance is provided to non-governmental organizations which are maintaining destitute and orphan children with a view to rehabilitating them through In-country Adoptions. Grant-in-aid is provided upto Rs. 6 lakhs per year to each Shishu Greh which covers costs for maintaining the children such as Staff, Medicines and other necessities.Programme for Voluntary Coordinating Agency: Under this Programme financial assistance is provided from the General Grant-in-aid Programme for Assistance in the Field of Social Defence to Voluntary Coordinating Agencies (VCAs) which are involved in active promotion of In-country Adoptions and clearance of children for Inter-country Adoptions at the State level.
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