Table Of ContentLIVING CONDITIONS IN INSTITUTIONS
FOR CHILDREN IN CONFLICT WITH LAW
MANUAL
MARCH, 2017
“There can be no keener revelation of a society's
soul than the way in which it treats its children."
- Nelson Mandela
Table of Contents
MESSAGE................................................................................................................3
FOREWARD..........................................................................................................5
1. ABBREVIATIONS .................................................................................................7
2. INTRODUCTION………………………………………………………………....9
3. DEFINITIONS…………………………………………………………………....13
4. HISTORY OF JUVENILE JUSTICE………………………………………….....18
5. GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN…..23
6. OVERVIEW OF JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015.......................…...………………………………….....28
7. CHILD PROTECTION POLICY…………………...…………………………....35
8. CHILDREN‘S PARTICIPATION IN CCI FOR CCL…………………………...49
9. UNDERSTANDING ADOLESCENCE...…………………………………….....58
10. INFRASTRUCTURE AND PHYSICAL FACILITIES IN THE CCI…………..62
11. ROLES & RESPONSIBILITIES OF STAFF…………………………………....74
12. SERVICES FOR CHILDREN IN CONFLICT WITH LAW IN CCI………....107
12.1 Child Care Institutions- Objectives and approach………………………....108
12.2 Receiving a Child in a Child Care Institution (CCI)……………………....114
12.3 Care to be provided in reception unit/dormitory of CCI…………………..117
12.4 Individual case conference………………………………………………....123
12.5 Children‘s participation in governance of CCI through committees……...124
12.6 Daily routine……………………………………………………………….126
12.7 Health care………………………………………………………………....132
12.8 Education of children in CCI……………………………………………....138
12.9 Vocational training and skill development………………………………...141
12.10 Life skills education (LSE)……………………………………………….143
12.11 Physical training (pt), sports, games, recreation, art and craft in CCI…....144
12.12 Safety and security………………………………………………………..148
12.13 Emergency services………………………………………………………151
12.14 Redressal systems………………………………………………………...156
12.15 Family visits and interaction……………………………………………...159
12.16 Transfer, release and after care…………………………………………...162
12.17 Recording and Mantainance of Registers...………………………………169
13. PLACE OF SAFETY……………………………………………………………177
14. MONITORING AND INSPECTION OF CCI………………………………….185
15. ANNEXURES…………………………………………………………………..191
(I) RESTORATIVE JUSTICE...........................................................................192
(II) FORMS FOR CCL AS PER JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) MODEL RULES 2016 ..........................195
16. BIBILIOGRAPHY……………………………………………………………...285
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1. ABBREVIATIONS
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Abbreviations
Board/JJB Juvenile Justice Board
CCI Child Care Institution
CCL Child in conflict with law
CPP Child Protection Policy
CWC Child Welfare Committee
CWO Child Welfare Officer
CWPO Child Welfare Police Officer
DCPO District Child Protection Officer
DCPU District Child Protection Unit
ICP Individual Care Plan
ICPS Integrated Child Protection Scheme
ITI Industrial Training Institute
IQ Intelligence Quotient
JJA/JJ Juvenile Justice (Care and Protection of Children) Act, 2015
Act,2015
JJ Model Juvenile Justice (Care and Protection of Children) Model
Rules, 2016 Rules , 2016
NGO Non Government Organization
NIOS National Institute of Open Schooling
NSDC National Skill Development Corporation
OH Observation Home
POCSO Protection of Children from Sexual Offences Act, 2012
PO Probation Officer
SH Special Home
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2. INTRODUCTION
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Introduction
India is committed to safeguarding the rights of its children. The Constitution of India
through various key provisions recognizes the vulnerabilities faced by children and
upholds their right to protection. Article 15 (3) of the Constitution guarantees special
attention to children through necessary and special laws and policies that safeguard their
rights. The Right to equality, protection of life and personal liberty and the right against
exploitation is enshrined in Articles 14, 15, 16, 17, 21, 23 and 24. The spirit of the State
towards safeguarding its children is reflected in the key legislations for the protection of
children i.e. Juvenile Justice (Care and Protection of Children) Act, 2015, Child Labour
(Prohibition and Regulation) Act, 1986 (Amended in 2016), Right to Education Act,
2009 (Amended in 2012), and Prevention of Children from Sexual Offences Act, 2012
etc. Child rights and welfare concerns have also been addressed in a number of
International Conventions and norms on child protection including the UN Convention
on the Rights of the Child (UNCRC) 1989, the UN Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules), 1985, the UN Rules for the
Protection of Juveniles Deprived of their Liberty, 1990, and the Hague Convention on
Inter-country Adoption, 1993. The Government of India ratified the UN Convention on
the Rights of the Child (UNCRC) in 1992.
The Juvenile Justice (Care and Protection of Children) Act, 2015 is the key legislation for
juvenile justice in India. The Act emphasizes the rehabilitation and reintegration of
children through various non-institutional and institutional measures. The Act recognizes
the role of family care and support in the development of children and prescribes various
measures for non-institutional care for children in difficult circumstances. It also provides
a procedure for trial of children in conflict with law and the orders that can be passed by
Juvenile Justice Board in case of children who are found guilty of commission of offence.
Such children are either lodged in Observation Home, Special Home or Place of Safety
under the said Act. The major change in the 2015 Act is the segregation of children who
have perpetrated heinous crimes. The Act vests the JJB with discretion to decide whether
a child between 16-18 years accused of committing a heinous crime is to be tried in the
adult criminal justice system as opposed to the juvenile justice system.
The Hon‘ble Supreme Court of India, in the matter of Re-inhuman conditions in 1382
prisons, (W.P. No.406 of 2013) observed and passed an order on 05.02.2016 to the
following effect:
―Taking a cue from the efforts of the Ministry of Home Affairs in preparing the Model
Prison Manual, it appears advisable and necessary to ensure that a similar manual is
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