LLM Notes: Provisions of the Juvenile Justice Act Regarding Neglected Children in India

 Definition and Classification

• The Juvenile Justice (Care and Protection of Children) Act, 2015 defines a child as anyone below 18 years of age.

• The Act categorizes children into:

  • Child in conflict with law: A child alleged or found to have committed an offence.

  • Child in need of care and protection: Includes neglected children, as detailed below.

Who is a Neglected Child?

A neglected child falls under the broader category of "child in need of care and protection," defined in Section 2(14) of the Act. This includes a child:

• Without any home or means of livelihood.

• Found begging, living on the street, or working in violation of labor laws.

• Living with a person who has injured, exploited, abused, or neglected them.

• Whose parents have abandoned them or are unwilling to care for them.

• Who is vulnerable to abuse, trafficking, or is a victim of conflict or calamity.

Procedures for Care and Protection

• When a neglected child is identified, they must be produced before the Child Welfare Committee (CWC) within 24 hours.

• The CWC conducts a social investigation and decides on the child's placement—this may include sending the child to a children's home, foster care, or declaring them free for adoption.

• The Act mandates registration of all childcare institutions and outlines clear procedures for adoption and foster care, including for neglected and abandoned children.

Penalties for Neglect and Cruelty

• Section 75 of the Act specifically addresses cruelty to children, including wilful neglect:

  • Anyone with actual charge or control over a child who assaults, abandons, neglects, abuses, or exposes the child, causing mental or physical illness, faces imprisonment up to three years and/or a fine up to one lakh rupees.

  • If the neglect is by an employee of a childcare organization, punishment can extend to five years and a fine of up to five lakh rupees.

  • If the neglect results in the child becoming physically or mentally disabled, the punishment is rigorous imprisonment for not less than three years, extendable to ten years, plus a fine of five lakh rupees.

Immediate Relief and Rehabilitation

• The law mandates immediate care and protection for neglected children, including admission to a shelter or hospital within 24 hours of reporting.

• The CWC must be notified within 24 hours, and the child is provided with necessary support and rehabilitation services.

Summary Table: Key Provisions for Neglected Children

Provision	Details
Definition	Child without care, abused, abandoned, or at risk
Authority	Child Welfare Committee (CWC)
Immediate Action	Must be produced before CWC within 24 hours
Placement Options	Children's home, foster care, adoption
Penalties for Neglect	Up to 3 years imprisonment and/or ₹1 lakh fine; harsher for institutional offenders
Rehabilitation Measures	Shelter, healthcare, education, and psychological support

Conclusion

The Juvenile Justice Act, 2015 provides a comprehensive framework for the identification, protection, and rehabilitation of neglected children in India. It ensures prompt intervention, strict penalties for neglect, and mandates the involvement of specialized child welfare authorities to safeguard the rights and well-being of such children.

Easy Explanation of Juvenile Justice Act Provisions for Neglected Children

Key Points to Remember

• Juvenile Justice Act, 2015: Law for children under 18 years, focusing on care, protection, and rehabilitation—not punishment.

• Neglected Child: Falls under “child in need of care and protection.” This includes children who are:

  • Abandoned, orphaned, or surrendered

  • Living in unsafe or abusive environments

  • Without home or proper care

  • Forced into begging or working illegally.

• Main Authorities:

  • Child Welfare Committee (CWC): Handles cases of neglected children, decides on their care and protection.

  • Juvenile Justice Board (JJB): Deals with children in conflict with the law, not neglected children.

• Process for Neglected Children:

  • Any person can report a neglected child to the police or CWC.

  • Child must be brought before the CWC within 24 hours.

  • CWC investigates and decides on the best care (children’s home, foster care, adoption).

• Protection and Rehabilitation:

  • Neglected children are placed in safe environments.

  • They get education, health care, and psychological support.

  • All child care institutions must be registered for better monitoring.

• Strict Punishments:

  • Anyone found neglecting, abusing, or exploiting a child faces jail and heavy fines.

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Mind Map: Juvenile Justice Act Provisions for Neglected Children

Juvenile Justice Act, 2015
│
├── Who is Covered?
│   ├── Children in conflict with law
│   └── Children in need of care and protection (Neglected)
│
├── Neglected Child Definition
│   ├── Orphaned/Abandoned/Surrendered
│   ├── Homeless or unsafe environment
│   ├── Forced into begging/illegal work
│   └── Abused or exploited
│
├── Authorities
│   ├── Child Welfare Committee (CWC)
│   └── Juvenile Justice Board (JJB) [for children in conflict with law]
│
├── Procedure for Neglected Child
│   ├── Report to police/CWC
│   ├── Produce child before CWC (within 24 hrs)
│   ├── CWC investigates
│   └── Placement: Home, foster care, adoption
│
├── Protection & Rehabilitation
│   ├── Safe shelter
│   ├── Education & healthcare
│   └── Psychological support
│
└── Punishments for Neglect
    ├── Jail (up to 3 years or more)
    └── Heavy fines

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Tips to Memorize

• Remember the flow: Child found → Report → CWC within 24 hrs → Investigation → Placement & care.

• Key words: CWC, care and protection, placement, rehabilitation, punishment.

• Associate neglected child with “protection” and “rehabilitation,” not punishment.

• Authorities: CWC for protection, JJB for law-related cases.

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In short:

The Juvenile Justice Act, 2015 ensures neglected children are protected, cared for, and rehabilitated by the Child Welfare Committee, with strict penalties for those who neglect or abuse children.

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