Addressing the lack of safe shelters for children in conflict with the law, the court urged every state to evaluate the condition of their Child Care Institutions as well as to provide education, healthcare, and proper nutrition to its residents. The court reiterated that government registration in accordance with the provisions of the Juvenile Justice Act was compulsory for child care institutions run by individuals or NGOs to avoid incidents of trafficking or child sexual abuse.
Shelter Homes
While a large number of urban marginalized children are in need of day care services, there are many others who require residential care for a temporary period for one or more reasons. These include children without parental care, run away children, migrant children, and child substance abusers etc. The Juvenile Justice (Care and Protection of Children) Act 2000 empowers State Governments to recognize reputed and competent voluntary organizations, to cater to the needs of such children. The State Government shall provide financial assistance to set up and administer
Shelter Homes for such children. At least one such Shelter Home in the State is to be notified and designated by the States/UTs as a Home for the care, detoxification and counselling of children affected by substance abuse. These Shelter Homes shall offer day and night shelter facilities to the children in need of support services for a temporary period, while efforts are made to rehabilitate them. In order to facilitate and expedite the setting up of Shelter Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territories.
Children’s Homes
A large number of children in need of care and protection who enter the juvenile justice system through the Child Welfare Committees (CWCs) are in need of residential care and protection during the pendency of any inquiry and subsequently for their long-term care, treatment, education, training, development and rehabilitation. The Juvenile Justice (Care and Protection of Children) Act 2000 empowers the State Government either by itself or in collaboration with voluntary organizations to set up Children’s Homes in every district or group of districts for the reception and residential care of such children. These homes shall serve as a home away from home and provide comprehensive child care facilities to children for ensuring their all-round development. They shall work towards enhancing the capabilities and skills of children and work with their families with the view of facilitating their reintegration and rehabilitation into mainstream society.
Children in conflict with law who enter the juvenile justice system through the Juvenile Justice Boards (JJBs) are in need of adequate residential care and protection during the pendency of any inquiry regarding them under the Juvenile Justice (Care and Protection of Children) Act 2000. The Act empowers the State Governments to establish and maintain either by itself or under an agreement with voluntary organizations, observation homes in every district or group of districts for their temporary reception. In order to facilitate and expedite setting up of Observation Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territory Administrations.
Observation homes
The State Government shall establish and maintain in every district or a group of districts, either by itself, or through voluntary or non-governmental organisations, observation homes, which shall be registered under section 41 of this Act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act Where the State Government is of the opinion that any registered institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to be in conflict with law during the pendency of any inquiry under this Act, it may register such institution as an observation home for the purposes of this Act. The State Government may, by rules made under this Act, provide for the management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn. Every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to the child’s age and gender, after giving due consideration to physical and mental status of the child and degree of the offence committed.
Special Homes
Children in conflict with the law committed by the Juvenile Justice Boards (JJBs) for long term rehabilitation and protection require institutional services. The State Governments are empowered to establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or group of districts for the reception and rehabilitation of juveniles in conflict with law.
In order to facilitate and expedite setting up of Special Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territory Administrations.
Place of Safety
As per section 16, of the Juvenile Justice (Care and Protection of Children) Act, 2000, the Juvenile Justice Board is empowered to place a juvenile above the age of 16 years in a Place of Safety, if the Board is of the opinion that the seriousness of the offence and/or the said juvenile’s behaviour, makes it unsuitable for them to be placed in a Special Home. A ‘Place of Safety’ is any place or institution, (not being a police lockup or jail), established separately or attached to an observation home or a special home, the person in-charge of which is willing to receive and take care of the juvenile in conflict with law placed there, by order of the Board, for a period and purpose as defined in the order.
The Act also states that the State Government may arrange to place a juvenile referred to it by the Board, in a ‘Place of Safety’, which has been declared fit by the State Government for such purpose, and may order such juvenile to be kept under protective custody, at such place and on such conditions, as it deems proper. The State Government may, by rules, prescribe the types of places that can be designated as ‘Place of Safety’ and the facilities and services that may be provided therein.
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