Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017)

This article is written by Sowjanya. N of 6th Semester of BA.LLB (Hons.) of University Law College and Department of Studies in Law Bangalore University, an intern under Legal Vidhiya

Abstract 

The Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017, are a comprehensive set of regulations tailored to the state of Tamil Nadu, governing the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015. These rules provide detailed guidance and procedures for various facets of the juvenile justice system, encompassing the care and protection of children in need and children in conflict with the law. This article provides an overview of the content within the seven chapters of the Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017, summarizing key provisions and their significance in ensuring the well-being and fair treatment of children within the state’s juvenile justice system.

Keywords: Juvenile Justice, features of Juvenile Justice Act 2015,  Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017, child in conflict with law, Juvenile Justice Board, Child Welfare Committee, children in need of care and protection, Probation officer, child welfare officer, foster care. 

Introduction 

Juvenile justice” refers to the legal and social system designed to handle cases involving children and teenagers who are below a certain age and have committed offenses. The focus of juvenile justice is on rehabilitation and support rather than punishment. It recognizes that young individuals might make mistakes due to their immaturity and seeks to provide them with guidance, education, and counselling to prevent them from becoming repeat offenders. 

The Juvenile Justice (Care and Protection of Children) Act, of 2015, is a significant Indian legislation addressing the rights and needs of children in conflict with the law and those requiring care and protection.

It replaced the Juvenile Justice Act of 2000, aiming to align with international standards and adopt a more comprehensive and child-centred approach.

Silent features of Juvenile Justice Act 2015:

1. Change in Nomenclature: Replaces ‘juvenile’ with ‘child’ or ‘child in conflict with the law’ for a more positive terminology.
2. New Definitions: Introduces definitions for orphaned, abandoned, and surrendered children, and categorizes offenses by children as petty, serious, or heinous.
3. Roles of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC): Clarifies the powers and functions of JJB and CWC, sets timelines for inquiries, and mandates the inclusion of a woman member in both.
4. Special Provisions for Heinous Offenses: Allows for the transfer of cases involving children aged 16 to 18 who commit heinous offenses to a Children’s Court. Provides for their care in a ‘place of safety’ and reintegration options after evaluation.
5. Adoption Chapter: Includes a separate chapter on adoption, streamlining the adoption process for orphaned, abandoned, and surrendered children. Establishes statutory status for the Central Adoption Resource Authority (CARA).
6. New Offenses Against Children: Introduces new offenses against children, such as sale and procurement of children, corporal punishment, use of children by militant groups, and offenses against disabled children.
7. Penalties: Imposes penalties for cruelty to children, offering narcotics, child abduction or sale, and failure to report abandoned or orphaned children within 24 hours. Non-registration of childcare institutions is penalized.
8. Mandatory Registration of Child Care Institutions: Requires all child care institutions, whether government or NGO-run, to be registered within six months of commencement of the act, with strict penalties for non-compliance.
9. Rehabilitation and Social Reintegration: Provides for the rehabilitation and social reintegration of children in conflict with the law and those in need of care and protection through education, health, counselling, vocational training, and non-institutional care options like sponsorship and foster care.

These provisions collectively aim to protect the rights and well-being of children, ensuring their care, protection, and rehabilitation within a more comprehensive and child-centric framework.

Rule-making power of State government:

Section 110 of the Juvenile Justice Act 2015 outlines the authority to establish rules for the effective implementation of the Act. It states that the State Government has the responsibility to create rules through Official Gazette notifications, to efficiently carry out the goals of the Act. If the need arises, the Central Government is authorized to create model rules concerning any or all of the subjects for which rule-making by the State Government is obligatory. In instances where model rules have been established for any such matter, they will be applicable to the State with necessary adjustments until the State Government formulates its own rules for that matter. While creating rules, the State Government must ensure that they are in consistent with the provided model rules.

Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017 

The Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017 are a set of regulations specific to the state of Tamil Nadu, that govern the implementation and enforcement of the Juvenile Justice (Care and Protection of Children) Act, 2015, within the state. These rules provide detailed guidelines and procedures for various aspects of the juvenile justice system, including the care and protection of children in need and children in conflict with the law.

The rules cover a wide range of topics, such as the establishment and functioning of Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs), procedures for conducting inquiries and trials involving juveniles, the appointment and responsibilities of probation officers, the establishment and management of child care institutions, and various aspects related to the rehabilitation and social reintegration of juveniles.

The Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017 consist of seven chapters, each elaborated upon below.

CHAPTER – I. PRELIMINARY

Chapter I of the Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017, outlines essential preliminary details and provides definitions crucial for understanding the subsequent regulations. The chapter defines key terms, such as “Act” (referring to the Juvenile Justice Act of 2015), “aftercare home” (for individuals aged 18 to 21 transitioning to mainstream society), and “social worker” (a person involved in various child welfare duties). Additionally, it clarifies the roles of officers like the District Child Protection Officer and the District Collector. This chapter establishes a solid foundation for the interpretation and application of the subsequent rules, ensuring clarity in their implementation within the state of Tamil Nadu.

CHAPTER – II. JUVENILE JUSTICE BOARD.

Chapter II is related to the Juvenile Justice Board it provides a detailed framework for the appointment, responsibilities, and conduct of social worker members within the Board. The provisions can be summarised as follows:

1. Qualifications for Social Worker Members: The rules set specific qualifications for social worker members to ensure they are well-suited for their roles. These requirements include a minimum age of 35 years, a maximum age of 65 years, at least seven years of experience working with children, no political affiliations, and no history of insolvency. These criteria emphasize experience, neutrality, and expertise in child-related matters, which are essential for effective decision-making within the Juvenile Justice Board.

• Selection Process: The rules establish a transparent selection process for social worker members. A selection committee, chaired by the Principal District and Sessions Judge and comprising other relevant officials, is responsible for evaluating and recommending candidates. The District Collector invites applications and forwards eligible ones to the Selection Committee. The interview-based selection process ensures that individuals with the right qualifications and commitment to child welfare are appointed.

• Term of Office: The rules define a three-year term for social worker members, with the flexibility for them to continue until their successors assume office or for an additional three months, whichever is earlier. This provision promotes stability and continuity within the Board, allowing members to complete ongoing cases while ensuring a smooth transition when their term ends.

• Resignation and Vacancies: The rules allow members to resign with three months’ notice, providing a mechanism for members to step down when necessary. In the case of casual vacancies, the government can appoint replacements from a pre-approved panel of candidates, maintaining the Board’s operational capacity.

• Termination Procedures: The rules outline a clear process for terminating a social worker member in the event of misconduct or failure to fulfill their duties. This process involves a preliminary inquiry by the District Magistrate, followed by a formal inquiry conducted by a government-nominated officer. This systematic approach ensures that members are held accountable for their actions while adhering to due process.

• Training Requirements: The rules mandate training for all members, including the Principal Magistrate, covering various aspects of child psychology, rights, welfare, legal provisions, and judgment writing. This training is crucial to equip members with the necessary knowledge and skills to make informed and child-centric decisions.

• Board Sittings: The rules emphasize that Board sittings should be conducted in child-friendly premises, separate from courtrooms or jail premises. The child-centric environment aims to provide a comfortable and supportive setting for interactions between the Board and the children involved.

CHAPTER – III. PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW.

Chapter III outlines the detailed procedures and responsibilities related to children in conflict with the law within the juvenile justice system. It covers various aspects of handling cases involving children who have allegedly committed offenses. 

1. Transaction of Business 

This section outlines a set of rules and procedures to be followed by the Juvenile Justice Board or its members when dealing with children in conflict with the law. These rules are essential to ensure the fair and child-friendly handling of cases involving children. Here is a summary of the key points:

• Meeting Procedures: The Board should adhere to established procedures for conducting meetings, similar to those outlined in the Code of Criminal Procedure, 1973.

• Presentation of Child Offenders: Children in conflict with the law can be brought before either the Principal Magistrate or a social worker member, even at their residence, when the Board is not in session. However, if a child is detained in an observation home or place of safety, they must be produced before the Board at its earliest sitting.
• One-on-One Interaction: Upon being produced before the Board, each child must have a private interaction with the Board. During this interaction, the Board should:
  • Gather information about the child’s background.
  • Inform the child about the charges filed against them by the police and their right to free legal aid.
  • Explain the legal process.
  • Seek the child’s perspective on the alleged offense.
  • Address any concerns of misconduct or abuse by the police or other authorities.
• No Detention in Lockup: The Board must ensure that the child was not held in a police lockup or jail before being produced before them. The child’s views on this matter should be recorded.
• Notification to Probation Officer and Parents/Guardians: The Board must verify that the police have informed the relevant Probation Officer and the child’s parents or guardians about the child’s situation.
• Protection from Harassment: The Board should ascertain that the child has not been subjected to ill-treatment or harassment by the police or any other person involved in bringing the child before the Board.
• Access to Legal Aid: The State or District Legal Aid Services Authority must provide free legal services to the child when needed.
• Media and Child Protection: The Board is responsible for taking action against any media or institution that publishes information that could harm the child’s interests.
• Consideration of Probation Officer’s Report: The Board should consider the report of the probation officer when deciding on bail for the child, including any recommended conditions.
• Release on Bail: Regardless of the offense, the Board should release the child on bail to parents, legal guardians, or a suitable person if it’s in the child’s best interest. Conditions for bail may be imposed.

These guidelines ensure that children in conflict with the law are treated fairly, their rights are protected, and their welfare is the primary concern of the Juvenile Justice Board. 

• Quarterly Report: This section requires the Board to submit quarterly reports to relevant authorities, providing information on cases and ensuring transparency and accountability in the handling of cases.
• Child Apprehension and Production: This section focuses on the procedures and responsibilities associated with apprehending and presenting children in conflict with the law. It mandates that as soon as a child is apprehended by the police, they must immediately notify the designated Child Welfare Police Officer. This officer is then responsible for ensuring the child is presented before the Juvenile Justice Board within 24 hours.
• Runaway child in conflict with the law: These rules provide procedures for dealing with children who run away from childcare institutions, emphasizing the importance of immediate action, informing parents or guardians, and conducting inquiries.
• Destruction of records: This section specifies the records of children in conflict with the law are to be securely retained for seven years and subsequently destroyed, except for heinous offenses where records of conviction are preserved. To ensure that their privacy rights are respected.
• Admission to Observation Homes and Places of Safety: It outlines the procedures for admitting a child to an observation home or place of safety, highlighting the need for proper placement orders from the Juvenile Justice Board and ensuring unauthorized admissions are prevented. Importantly, only children in conflict with the law can be housed in these facilities, and no other children are permitted. The officer-in-charge has the responsibility to reject admission if essential details are missing, or if the placement order lacks proper signatures or seals.
• Procedure in relation to Children’s Court and Monitoring Authorities: This part details the process for determining whether a child should be tried as an adult or as a child and provides guidance for Children’s courts in conducting inquiries. It also establishes a monitoring system for children who are released under specific conditions, aiming to support their rehabilitation and reintegration into society.

CHAPTER – IV. CHILD WELFARE COMMITTEE

Chapter IV outlines the functioning and responsibilities of the Child Welfare Committee (CWC). Key provisions of the Chapter are as follows:

1. Qualifications and Appointment: CWC members, including the Chairperson, must meet specific qualifications. They should be aged between 35 and 65, without political affiliations, insolvency records, or violations of human or child rights. Those previously associated with adoption organizations are ineligible. Members can serve for a maximum of two non-consecutive terms.

• Selection Process: A selection committee, led by judicial and administrative officials, is responsible for appointing CWC members. The process involves issuing calls for applications, screening by the District Child Protection Officer, interviews, and appointments by the government based on the committee’s recommendations.

• Resignation, Vacancies, and Termination: Members can resign with three months’ notice. Vacancies are filled promptly from a recommended panel of names. Termination may occur due to non-performance or misconduct following a specific inquiry process.

• Committee Sittings: The CWC conducts its proceedings in child-friendly environments like children’s homes. It typically meets for 20 days a month during specific hours, maintaining a flexible schedule for important matters. The committee operates as a single body without sub-committees. A minimum of three members, including the Chairperson (or a nominated member), must be present for final case decisions. The proceedings prioritize child-friendliness and informality over courtroom formality.

• Interviewing Children: The CWC conducts interviews with children sensitively, avoiding accusatory language. It follows principles of natural justice, ensures children’s informed participation, and considers their opinions based on age and maturity. All committee orders are documented in writing with accompanying reasons.

• Training of CWC Members: CWC Chairpersons and members must undergo training or orientation within 60 days of assuming office. The training covers various aspects related to child welfare, psychology, legal provisions, and issuing orders.

CHAPTER-V. CHILDREN IN NEED OF CARE AND PROTECTION.

Chapter V focuses on the procedures and responsibilities of the Child Welfare Committee (CWC) regarding children in need of care and protection. This chapter highlights the child-centric approach of the CWC in safeguarding the welfare of vulnerable children. It emphasizes the importance of promptly presenting children before the CWC with comprehensive reports and verifying their age to determine jurisdiction. The CWC ensures that children were not mistreated before their presentation. It maintains a child-friendly approach in interactions, emphasizes detailed documentation, and conducts vulnerability assessments. 

The committee can restore children to parents, request undertakings, or place them in care institutions as needed. It takes swift action in cases of offenses against children, reports regularly to the District Magistrate, and ensures privacy protection for children. Expert input is valued, and supervision and follow-up are crucial. The CWC also takes measures against abuse, ordering medical examinations and involving the police when necessary. 

CHAPTER – VI. REHABILITATION AND SOCIAL RE-INTEGRATION

Chapter VI outlines the standards of care and management procedures for child care institutions catering to children in need of care and protection as well as those in conflict with the law. It emphasizes the importance of providing a nurturing and child-friendly environment within these institutions. 

The standards include provisions for overall development, health care, hygiene, accommodation, education, and individualized support for each child. The chapter also specifies the management procedures for admitting, documenting, and caring for children within these institutions, ensuring their well-being and future rehabilitation. Additionally, it highlights the physical infrastructure requirements, including the separation of institutions for different age groups and genders, proper living conditions, and safety measures

Registration of Institutions: To ensure proper oversight and accountability, child care institutions must follow specific procedures for registration and renewal. These procedures include submitting an application to the District Child Protection Unit or another authorized officer, along with supporting documents. Child care institutions must be registered under relevant laws, have clean financial records, provide separate accommodations for boys and girls over five years of age, maintain proper water facilities, and adhere to specified services. The District Child Protection Unit or authorized officers will review the applications and, if satisfied, recommend registration to the Director of Social Defence. Registration does not automatically entitle institutions to government grants.

Cancellation or Withholding of Registration: If a child care institution is found to have issues, the District Child Protection Officer may issue a show cause notice based on complaints or observations. An inquiry may be conducted by an appointed officer not below the rank of Deputy Director, and if charges are proven, the Director of Social Defence can cancel or withhold registration.

Responsibilities of Child Welfare Officer:

1. Maintain individual case profiles for each child.
2. Ensure the protection of children’s rights.
3. Execute placement orders and follow the directives of Child Welfare Committees and Juvenile Justice Boards.
4. Ensure proper nutrition, safe drinking water, and hygienic conditions in the institution.
5. Foster relationships among residents and conduct meetings, implementing committee decisions.
6. Facilitate interactions between children and their family members.
7. Execute individual care plans for each child.
8. Collaborate with government departments and NGOs for child development.
9. Provide counselling and guidance to children with deviant behaviour.
10. Plan pre-discharge programs to help children reintegrate into society.
11. Authorize staff interactions with other authorities.

Duties of a Probation Officer:

1. Conduct social investigations of children and prepare social investigation reports.
2. Attend Board, Committee, and Children’s court proceedings and submit required reports.
3. Address problems faced by children in institutional life.
4. Participate in orientation, monitoring, education, vocational, and rehabilitation programs.
5. Establish cooperation between children and institutional staff.
6. Assist children in maintaining contact with their families.
7. Participate in pre-discharge programs and help children establish post-discharge support networks.
8. Negotiate with probation officers in other districts and states.
9. Collaborate with voluntary workers and organizations for rehabilitation and social reintegration.
10. Conduct regular post-release follow-ups to support children in returning to society.
11. Prepare individual care plans and post-release plans.
12. Supervise children placed on probation.
13. Make regular visits to children’s residences, places of employment, or schools and submit periodic reports.
14. Accompany children when necessary, such as from the Board’s office to observation homes.
15. Evaluate the progress of children in places of safety and prepare reports.
16. Function as a monitoring authority, if appointed by the Children’s Court.
17. Maintain a diary or register to record daily activities.
18. Identify alternatives for community services and negotiate with voluntary organizations for rehabilitation and social reintegration.
19. Perform any other assigned tasks.

Foster care- key points:

1. Foster care is considered for orphaned, abandoned, or children from dysfunctional families, including those in institutions. It is also an option for children whose biological parents are incapacitated or in a state of crisis and unable to provide care and protection.
2. Foster care arrangements can be long-term, short-term, or group-based, depending on the child’s specific needs and circumstances.
3. Children who cannot be placed for adoption for various reasons are eligible for consideration for foster care.
4. De-institutionalization of children, moving them from institutions to foster care, can be done based on orders from the Child Welfare Committee, following recommendations from the probation officer or District Child Protection Officer.
5. Foster care placements require the consent of the child’s parents, provided they are alive and their place of residence is known.
6. Twins and siblings should not be separated through foster care placements, except under extraordinary circumstances. If separation occurs, arrangements should be made for regular interaction between them.
7. Group foster care arrangements allow children of mixed genders to live in a family environment with a caregiver.
8. The number of children placed in one foster care unit, including the caregiver’s biological children, should not exceed ten.
9. The Child Welfare Committee maintains a list of families willing to serve as foster homes. Background checks are conducted on prospective foster parents to assess their suitability.
10. Children may be removed from a foster home if they are unwilling to continue living there. In such cases, they would be admitted to a child care institution.

The criteria for selecting foster families emphasize the physical, emotional, and mental health of foster parents, their financial stability, suitable living conditions, the absence of criminal convictions, and their reputation in the local community. Selection should prioritize the best interests of the child. Foster parents are assessed as “fit persons” by the Committee after a thorough home study report is conducted by the probation officer or District Child Protection Unit using Form XXIX.

Conclusion 

In conclusion, the Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017, illustrate the state’s dedication to creating a fair, compassionate, and effective juvenile justice system. By outlining these comprehensive regulations, Tamil Nadu seeks to provide its children with a supportive and nurturing environment that prioritizes their rights, protection, and overall well-being as they navigate the complexities of the legal system.

References

Tamil Nadu Juvenile Justice (Care and Protection) Rules, 2017

Juvenile Justice (Care and Protection of Children) Act, of 2015