The Ministry of Women and Child Development has developed a manual titled “Living conditions in Institutions for Children in conflict with Law”.
The manual was prepared following the directions of the Supreme Court dated 5 February 2016 in the matter of Re-inhuman conditions in 1382 prisons, WP (C) 406 of 2013.
The apex court directed the ministry to prepare a manual similar to the Model Prison Manual as being prepared by Ministry of Home Affairs that will take into consideration the living conditions and other issues pertaining to juveniles who are in Observation Homes or Special Homes or Places of Safety in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The objective of preparing such a Manual for children in conflict with law is to provide guidelines to the States/UTs and other stakeholders which will help them to establish institutions for children in conflict with the law and providing appropriate institutional and rehabilitative services to them.
The Manual has been framed within the purview of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
The Rule Book puts in one place all aspects of the living conditions and other issues pertaining to children in conflict with the law who are in Observation Homes, Special Homes and Place of Safety.
It also lays down the processes to be followed by all concerned stakeholders while providing services to children.
The Manual shall enable all duty bearers in Observation Homes, Special Homes and Place of Safety to appreciate the importance of their role and contribute positively and proactively in the rehabilitation of children in conflict with law living in these institutions.
Juvenile Justice (Care and Protection) Act: Know More- The Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force from today and repeals the Juvenile Justice (Care and Protection of Children) Act, 2000.
- The Juvenile Justice (Care and Protection of Children) Bill, 2015 was passed by Lok Sabha on 7th May, 2015; was passed by Rajya Sabha on 22nd December, 2015 and received Presidential assent on 31st December, 2015.
- The JJ Act, 2015 provides for strengthened provisions for both children in need of care and protection and children in conflict with law.
- Some of the key provisions include: change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”; inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children.
- The focus is also on clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC); clear timelines for inquiry by Juvenile Justice Board (JJB); special provisions for heinous offences committed by children above the age of sixteen year; separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children
- Also part of the act is the inclusion of new offences committed against children; and mandatory registration of Child Care Institutions.
