Role Name Affiliation.
University Delhi
Paper Coordinator Dr. K.P. Asha Mukundan Assistant Professor, Tata Institute
of Social Sciences
Content Writer/Author (CW) Dr. K.P. Asha Mukundan Assistant Professor, Tata Institute
of Social Sciences
Content Reviewer (CR)
Language Editor (LE)
Description of Module:
Module Id
learning this module>
Basic understanding of
Various stakeholders of juvenile justice system
Role and responsibilities in rehabilitation of children
Objectives
To understand the role and responsibilities stakeholders in
the JJS
To understand the effective functioning of JJS with help of
stakeholders.
Key words Juvenile justice,children in need of care and protection, children in
conflict with law, Child Welfare police officer, Probation officer
Acronyms:
Child in Need of Care and Protection CNCP
Criminal Justice System CJS
Criminal Procedure Code Cr.P.C
Indian Penal Code IPC
Juvenile Justice (Care and Protection of Children) Act 2015 JJA.
Juvenile Justice System JJS
Probation Officer PO
Non-Governmental Orgnaisation NGO
Module
2.1 Stakeholders specified under the JJA
3. Juvenile Justice Board
4. Child Welfare Committee
5. Children Court
6.1 Role of SJPU & CWPO in JJS
6.2 Child Conflict with Law
6.3 Child in Need of Care and Protection
6.4 Dos and Donts by CWPO
7. Probation officer
8. Integrated Child Protection Scheme
8.1. District Child Protection Unit
8.2. Role of District Child Protection Unit
9. Civil Society Orgnaisation
10. Summarizing
1. Introduction :
Juvenile justice system is exclusive system for rehabilitation and reformation of children in conflict with
law(CCL) and Children in need of care and protection (CNCP). In India approximate 42 % population is
under 18 years of age and maximum of them are vulnerable and getting victimize by social
circumstances. To protect rights of vulnerable children we have comprehensive juvenile justice system in
India, The Juvenile Justice system is based on the principle of promoting, protect and safeguarding the
rights of children. Recognizing the vulnerability of children and need for special and different treatment,
the establishment of juvenile justice system started from enactment of The Juvenile Justice Act-1986,
then it was got amended in 2000, 2006 and now we have JJA-2015 which repelled the existing acts. This
act incorporated the UN Standard Minimum Rules for administration of Juvenile Justice („Beijing
Rules), the United Nations rules for the Protection of Juvenile Deprived of their Liberty (1990), The
Hague Convention on Protection of Children and Co-operation in Respects of Inter-Country Adoption
(1993), United Nation Convention on Rights of the Child (UNCRC) and The Constitution of India.
The preamble of the act stated the act will ensure the implementation of provision an duties under clause
(3) of article 15, clause (e) and (f) of Article 39, Article 45 and Article 45 and duties that all the needs of
children are met and that their basic human rights are fully protected. 1
It is socio-legal legislation thats why the implementation of the act also different from the others
legislation hence the objective shifted from penalisation to reformation & rehabilitation. To achieve this
objectives as stated under the JJA is difficult to achieve only with help of judicial system thats why act
distributed the responsibility upon different stakeholders which called as stakeholders of Juvenile Justice
System. Every stakeholder has specified role & responsibilities which lead to effective functioning of JJA
and achieve the goal of ultimate rehabilitation of children.
2. Juvenile Justice Act -2015:
The Principal Objective of Juvenile Justice Act is „to cater children basic needs through Proper care,
Protection, Development, Treatment and Social Re-integration and To adopt child friendly approach in
the adjunction and disposal of matters in the best interest of the children with the aim of ultimate
rehabilitation of them. 2 The act makes juvenile justice system distinct from the adult criminal justice
system. The entire mechanism governing the juvenile justice system emphasises on rehabilitation and
social reintegration rather than punishment. The focus of the act is vulnerability of child. 3
This Act shall apply to all matters concerning children in need of care and protection and children in
conflict with law, including –
integration of children in conflict with law;
1The Constitution of India 2 Juvenile Justice (care and protection of children) Act 2015
3 Mohua Nigudkar, TISS Juvenile Justice Information Pack No.07, 2011
ii. Procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and
restoration of children in need of care and protection.
The act also talks about the two basic concept i.e. to consider the „Best interest of the child & „Child
Friendly procedures in implementation, act itself defines these concepts as follows;
1) Best interest of child: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.
2) Child Friendly: Any behaviour, conduct, practice, process, attitude, environment or treatment that
is humane, considerate and in the best interest of the child.
2.1 Stakeholders specified under Juvenile Justice Act :
Juvenile Justice Act is a socio-legal legislation hence its objectives and way of
implementation is differ from the other legislation. Therefore entire JJ system works with the
inter-disciplinary approach to collaboration of all stakeholders.
Figure 2.1 : Stake holders under the JJ System
Figure 2.1 depicts the key stake holders in the JJ System. This list is not exhaustive. The number of
stake holders is ever expanding given the individual needs of children. Without coordination and
participation of above functionaries it is not possible to achieve principle aim of JJA. Juvenile Justice
Board and Child Welfare Committee independently cannot work on the agenda of rehabilitation of the
JJS
JJB
CWC
SJPU
CSO
ICPS
Probation
Children's Court
Residential institutions
children. Each stakeholder has an important role and responsibility within the JJ System and this is
mentioned in brief in this module.
3. Juvenile Justice Board:
Juvenile Justice Board is key stakeholder in JJS, The juvenile justice board consist Judicial Magistrate
of First Class or Metropolitan Magistrate know as Principle Magistrate on JJB and two social worker
having experience and actively involved in the field of health, education, or welfare activities
pertaining to children for at least seven years or a practicing professional with a degree in child
psychology, psychiatry, sociology or law. 4 JJB is “competent authority” in relation to the children
conflict with law. The act has given the equal importance to the magistrate and the social workers,
they jointly constitute the competent authority to deal with juvenile cases. 5
3.1. Role & responsibilities of Juvenile Justice Board:
A primary responsibility of JJB is to cater developmental needs, care, protection, and treatment,
case procedure, inquiry and final order for ultimate rehabilitation of children conflict with law in
the best interest of child.
The role of JJB in Juvenile Justice System is as follows;
Ensure that the environment and functioning of the Board is in a child friendly manner and
not as regular court.
Ensure the participation of CCLs and parents at every step of process
Protection of individual and legal rights of the accused and victim.
Ensure availability of legal aid for the child through legal service authority.
Obtain the social investigation report and individual care plan of child by taking assistance of
PO and Social workers of NGOs.
Pay visits to child care institutions(institution for CCLs) and recommend the improvement
needed in services to DCPU or State Govt.
Pay visits to jails to check if any child lodged in such jail and take immediate measures for
transfer of such child in Observation Home.
Inquiry of child about ill-treatment by Police, Lawyer, Probation Officer inside the institution
and outside the institution.
Take cognizance of crime against children and direct police for necessary action.
Contact and build network with other stakeholders of juvenile justice system including
vocational training institutions, psychiatrist or psychologist, counselors, NGOs etc.
4 Sec (4) Clause (2) & (3) Juvenile Justice Act-2015
5 Adenwalaa, M. (2006). Child Protection and Juvenile Justice System for Juvenile Conflict with Law. Mumbai:
Child Line India Foundation.
Pass appropriate final orders & dispose cases of children conflict with law by deciding best
suitable options for their rehabilitation and reintegration into society.
4. Child Welfare Committee (CWC):
CWC is constituted under Section (27) (1) of Juvenile Justice Act-2015 for working with cases
related to the care, protection, treatment, development and rehabilitation of children in need of care
and protection. Committee consist of a chairperson and four other members of whom at least has to
be a women. 6 The committee has to function as a Bench of magistrate, and even the social workers
appointed on the Board are designated with the powers of a Judicial Magistrate of First Class or
Metropolitan Magistrate. 7
4.1 Role & Responsibilities of Child Welfare Committee:
Conducting inquiry on all issues relating to and affecting children in need of care and protection
and try and give a logical plan for the child within four month.
Take suo motu cognizance of children who are in difficult situations and order for their rescue.
Taking appropriate decisions regarding the rehabilitation of child giving due consideration to
social investigation reports, care plans, interaction with children, etc.
Visits Child Care Institutions to check its functioning, services provided, health status of children,
activities for their developments and suggest/recommend areas for improvement.
Obtain social investigation report from the probation officer, member of DCPU or social workers
from NGOs & prepare comprehensive plan for children rehabilitation.
Declare a person / institution as a fit person or fit facility.
Declare children legally free for adoption.
Co-ordinate with various government department like the Home (Police), women and child
development, labour, education, social welfare and other such related departments for the
convergence of rehabilitative services.
legal aid, education, developmental activities.
5. Children Court:
The Juveniles Justice Act -2015 provides for differential punishment to CCL, between the age group
of 16-18 and alleged to have committed a heinous offences (offences which have punishment 7
years and above). The JJB after doing a preliminary assessment and in its own discretion decide if
the case needs to be heard in the JJB or should be transferred to the Childrens Court.
6 Sec 27(2) of JJ Act-2015
7 Sec 27(9) of JJ Act-2015
The Children Court is established under „The Commission of Protection of Child Rights Act, 2005
or Special Court established under „The Protection of Children from Sexual offences Act, 2012 or
„Court of Session where above special courts not established. 8
5.1 Role & Responsibilities of Children’s Court:
Conduct trial of CCL as an adult as per provision of CrPC, 1973 considering special needs of
child and tenets of fair trial and maintaining a child friendly atmosphere.
Ensure that the final order about CCL shall include Individual Care Plan for rehabilitation
including follow up by the PO/DCPU/Social Worker.
Send CCL to place of safety with providing education, skill development, alternative
therapies, psychiatric support till he attend the age of 21 years, thereafter, the shall be
transferred to a jail.
Ensure there is periodic follow up by PO/DCPU/Social Worker and its report to evaluate the
progress of CCL to a place of safety and ensure there is no ill-treatment.
When the child in conflict with the law attains the age of twenty-one years and is yet to
complete the term of stay, the Children´s Court shall provide for a follow up by the probation
officer or the District Child Protection Unit or a social worker or by itself, as required, to
evaluate if such child has undergone reformative changes and if the child can be a
contributing member of the society and for this purpose the progress records of the child
under sub-section (4) of section 19, along with evaluation of relevant experts are to be taken
into consideration.
Post which the court can decide if
(i) decide to release the child on such conditions as it deems fit which includes
appointment of a monitoring authority for the remainder of the prescribed term of stay;
(ii) decide that the child shall complete the remainder of his term in a jail
6. Special Juvenile Police Unit:
Special Juvenile Police Unit (SJPU) is a unit of police officers who is expected as per the law to
exclusively deal with cases of Children Conflict with Law and Children in Need of Care and
Protection. SJPU are to be trained by the state to work with children. They are to be set up in every
district and be headed by a police officer not below the rank of a Deputy Superintendent of or above
and consisting of police officers not below the rank of assistance sub inspector with aptitude,
appropriate training and orientation who is know as Child Welfare Police Officer (CWPO). The JJ
Act also contemplates the constitution of SJPU to comprise of two social worker having experience
of working in the field of child protection. Special Juvenile Police Unit also includes Railway police
dealing with children. 9
8Section (2) clause (20) Juvenile Justice Act-2015 9 Sec 107 (1), (2), (3)& (4) of JJ Act-2015
6.1 Role of Special Juvenile Police Unit:
Child Welfare Police Officer under SJPU is the first person in JJ system with whom child comes
in contact, CWPO plays crucial role for children in difficult situation. Role of police in JJS for
Children conflict with law and Children in need of care and protection as follows;
6.2 Child Conflict with Law:
1) If child apprehended, to be placed under charge of SJPU of CWPO 10
and produced before JJB
within 24 hours.
2) If CNCP rescued or found, then to be produced before CWC with 24 hours. 11
3) Deal with them in a child friendly manner to make them feel secure.
4) Inform them of further process.
5) The SJPU or CWPO must inform parents / guardian of child, probation officer or social
worker of any apprehension. 12
6) SJPU to ensure that child is not kept in a police lock up or jail or hand cuffed or tied with any
material.
7) Conduct investigation and file an enquiry report/ final report before the Board. This report is
better known as charge-sheet.
8) Provide escort to CNCP and CCL for the purpose of transfer or any other purpose mentioned
by the competent authority.
9) Keep details of JJB & CWC, Ngos working on child protection and their representatives,
child friendly persons working with children.
10) Escort children for tracing and repatriation.
6.4. Does & Don’ts for Child Welfare Police Officer;
Do’s Don’t
process. Handcuff the child.
Sec 13 (1 )(i) & (ii) of JJ Act-2015
Special Juvenile Police Unit (SJPU)
Deputy Superintendent of
Railway Police Two Social Worker
(one to be a Women)
Inform Parents and Guardian about apprehension. Detain the child more than 24 hours.
Take child for medical examination to the
designated medical practitioner. Detain the child in Lock-up or jail
Treat the children with decency, care, and
protection. Force child to confess the offence
Provide food to the children during inquiry in
police station.
production.
Take help of local NGOs or Child friendly persons
in case any difficulties. Beat the Child
Produce child within 24 hours before competent
authority. Delay inquiry
of suspicion unless supported by prime facie
evidence.
Complete the inquiry, investigation and put up the
inquiry report (charge sheet) in time.
Take custody of girl child between sunset and
sunrise and dont keep her under the care of women
police officer or at OH.
(Source: Mouha Nigudkar, N. D. (2011). Information for the Police to Deal with Juveniles in Conflict
with Law. Mumbai: Tata Institute of Social Sciences.)
7. Probation Officer:
Probation Officer plays an important role in juvenile justice system beginning from the time the CCL gets
apprehended and continues till post the final order is passed by the JJB for the rehabilitation and social re-
integration. The PO is supposed to be the friend, philosopher and guide of the juvenile. 13
Section 2 (48) of
the JJA defines Probation Officer (PO) as “ an officer appointed by the State Government as probation
officer under the Probation of Offenders Act, 1958 or the Legal-cum- Probation Officer appointed by the
State Government under District Child Protection Unit”. As mentioned earlier, JJA is a socio legal Act.
Probation is rehabilitative order developed as a non-custodial alternative. It can be passed by a Judicial
Magistrate first class (JMFC) and can be passed only with respect to a Child in Conflict with Law (CCL).
However, the duties of the probation officer is extended to a Child in Need of Care and Protection
(CNCP).
7.1. Role of Probation Officer:
1) After being informed by the police about apperception of child, the Probation officer is
expected to begin the process of preparing the social investigation report which provides
information regarding the family background of child and other social information.
2) Assist, guide and help JJB /CWC in the process of correction and rehabilitation of children.
13 http://jjb.bih.nic.in/pdf/Text%20Book%20in%20PDF%20Format%20--Law%20Book.pdf
3) Supervise children and submit the report for the same as per the orders of the JJB/ CWC.
4) First point of contact in an institutional setting. The PO has to orient the child on the case
related procedures and future course of action by JJB / CWC.
5) Prepare Social Investigation Report (SIR) and comprehensive Individual care plan of CCL and
CNCP child by keeping child best interest in the mind. 14
6) Submit follow up report of child who placed at place of safety to children's court about child
progress on order of Children Court. 15
7) Co-ordinate transfer of children to different institutions in same district or different district, state
or country. For this purpose network with the concerned agencies like other JJBs, POs CWCs,
NGOs.
8. Integrated Child Protection Scheme:
Integrated Child Protection Scheme (ICPS) is a centrally sponsored program established for Development
and protection of children in India. With the objectives of ;
a) To institutionalize essential services and strengthen structures for all support services at the
national, regional, state and district levels.
b) To enhance capacities at all levels, of all functionaries and stakeholder who are working with
children including Police, Judiciary, Local bodies, service providers, Govt. Departments to
undertake responsibilities under the ICPS.
c) To strengthen child protection at family and community level, create and promote preventive
measures to protect children from situations of vulnerability, risk and abuse.
d) To raise public awareness, educate public on child rights and protection on situation and
vulnerabilities of children and families, on available child protection services, schemes and
structures at all levels.
The scheme is implemented through District Child Protection Unit (DCPU) which is a fundamental
unit for the implementation of the scheme in each District. Juvenile Justice act also assigned many
important duties on District Child Protection Unit to rehabilitation and re-integration of child in to the
society.
8.2 District Child Protection Unit (DCPU) –
The DCPU has been established under the ICPS scheme and has to be executed by the state
government (Department of Women and Child Development) who is the focal point to ensure the
implementation of this Act. DCPU which was conceptualised under the ICPS scheme has now
been made an integral part of the Juvenile Justice System under the Act of 2015. The role and
responsibilities of DCPU are as follows;
8.3. Role of District Child Protection Unit:
14
Sec 19 (4) of JJ Act - 2015
Conduct inquiry in accordance with the order of JJB & CWC into the antecedents and family
history of any child accused of an offences or CNCP.
Assist JJB /CWC to reach to Correction and Rehabilitation of children.
Prepare Social Investigation Report and Individual Care Plan of Child.
Ensure; Monitor the implementation, Follow up of child for his rehabilitation stated under
Individual care plan.
Taking action on recommendation given by JJB or CWC for improvement of Child Care
Institutions after inception visits.
Submit follow up report of child who placed at place of safety to children's court about child
progress on order of Children Court.
Provide Secretary and other staff to CWC for Secretariat support and its effective functioning.
Contribute to effective implementation of Law and to achieve goals of JJA.
Identify families at risk and CNCP and protection through effective networking and linkages with
the other stakeholder in JJS.
Ensure effective implementation of the Juvenile Justice Act, Support for adequate infrastructure
for JJBs. CWCs, SJPUs in District/City.
Support implementation of family based non-institutional services including sponsorship, foster
care, adoption and after care.
Create a resource directory by mapping all child related service provider and services of district
and submit it to the Juvenile Justice Board & Child Welfare Committee to help them for planning
comprehensive rehabilitation plan with help of other stakeholders.
9. Civil Societies Orgnaisation (CSO):
Civil Societies Orgnaisation or non-governmental organization are those who are registered under
Societies Registration Act with the objectives of social development and welfare of the communities.
Civil Societies Orgnaisation/NGOs can play a crucial role to fulfill the overall objectives of JJ Act.
Rehabilitation enables juveniles to lead a happy and constructive life in society. Rehabilitation
entails focusing on the material, social, personal needs of the CCL. NGOs/ Civil Societies can
guide, monitor and support the CCLs as well as work with the family to develop appropriate future
goals, increase self-confidence, and guide the CCL to develop into a responsible mature adult.
NGOs and Civil Societies organization can also strongly advocate for better access to educational
opportunities for all children, reducing inequalities in society and overall promotion of child rights to
prevent children from getting into situations of crime. 16
9.3. Role of CSO in JJS:
16
Mohua Nigudkar, Information for Juvenile Justice Board and Juvenile in Conflict with Law, 2011
Civil Societies organizations can effectively contribute to the rehabilitation and reintegration of
children. JJ Act 2015 recognizes the importance of collaborating and networking with CSOs/NGOs
and has specified formal roles. Some of the roles that can be played by CSOs or NGOs are -
1) Function as fit person and fit facility
2) Create awareness about the working of the system.
3) Assist JJB/CWC to preparing Social Investigation Report & Individual Care of Children.
4) Conduct and facilitate groups sessions with children as a means to enhance self esteem, develop
personality, work towards anger management, stress management, create awareness on issues
related to addiction, gender discrimination etc.
5) Find appropriate resources for rehabilitation and develop linkages on an individual need based
basis.
6) Conduct training programs for different stake holders on various themes and topics related to
capacity building and working with children.
7) Assist in home tracing and repatriation.
8) Counselling
10. Summarizing:
There is need to adopt multi-disciplinary approach by the all stakeholders in Juvenile Justice System,
because the process of rehabilitation and re-integration of children into society cannot be achieved
by a single organization. Coordination and collaboration are the key words while adopting the multi