Care and protection of children act. Child Care, Protection and Justice Act (Chapter 26:03) 2022-11-01
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Helen Keller was a remarkable woman who overcame numerous challenges in her life, including deafness and blindness. However, she was not mute.
Born in 1880, Helen Keller lost her hearing and vision at the age of 19 months due to an illness. Despite this, she learned to communicate and advocate for herself and others with disabilities. She attended the Perkins School for the Blind and learned to read and write in braille. She also learned to speak, although her speech was difficult for others to understand due to her deafness.
Throughout her life, Helen Keller worked as an author, lecturer, and activist. She wrote several books, including "The Story of My Life," which described her experiences growing up as a deaf and blind person. She also traveled internationally as a lecturer, sharing her experiences and advocating for the rights of people with disabilities.
Helen Keller's determination and perseverance in the face of immense challenges inspired many people around the world. She is remembered as a symbol of hope and possibility, proving that even those who face seemingly insurmountable obstacles can achieve great things.
In conclusion, while Helen Keller faced many challenges due to her deafness and blindness, she was not mute. She learned to communicate through braille, speech, and writing, and used these skills to become an influential and inspiring figure.
Juvenile Justice (Care and Protection of Children) Act, 2000
What are Bailable and Non-Bailable Offences? Procedure before placement 1 A child shall not be placed with a foster parent who is not a relative of the child, unless— a a social welfare officer has interviewed the prospective foster parent and assessed that he or she is a suitable person to foster a child; b a social welfare officer has visited the home of the prospective foster parent and has confirmed in writing that it is likely to meet the requirements of the particular child and that the conditions in it are satisfactory; c two reputable persons who know the prospective foster parent have confirmed on his or her good character and suitability to care for the child; d it has been established by a social welfare officer that no person in the household of the prospective foster parent is suffering from any physical or mental illness likely to affect the child adversely; e it has been established from the officer-in-charge of a police station in the area that no person in the home has been convicted of a serious criminal offence rendering it undesirable for the child to associate with that person; and f the wishes of the child so far as can be ascertained concerning the proposed fostering have been ascertained and have, so far as practicable, been taken into account. Recently, in 2021 the Juvenile Justice Care and Protection of Children Amendment Act, 2021 was passed by the Parliament of India with some changes related to adoption. Arrest of a child by a private person Where an arrest of a child is made by a private person, that person shall present the. Tracing of parents or guardians A local government authority shall make every effort, including publication through the mass media, to trace the parents or guardians of any lost or abandoned child or to return the child to the place where the child ordinarily resides; and, where the authority does not succeed, it shall refer the matter to a probation officer or social welfare officer or to the police. Application to foster a child An application to foster a child shall be made to the District Social Welfare Officer by completing the prescribed Form 1 in the, Second Schedule except that a relative of a child without a parent or guardian may foster the child without first applying to the District Social Welfare Officer.
Juvenile Justice (Care and Protection of Children) Act, 2015
Visits during placement 1 The District Social Welfare Officer shall visit the foster family and see the child— a within two weeks after the date of placement of the child with the foster family where the child is under two years of age, and thereafter once every three months; b within one month after the date of placement of the child with the foster family, where the child is above two years of age, and thereafter once every three months; c within one month after receiving notification from a foster parent that he or she has changed his or her residence; d immediately, and in any case not later than one week, after receipt of any information from the child, a foster parent or any other person which indicates the need for the District Social Welfare Officer to visit the child. Commitment of a child to a foster parent 1 Where a child has been committed to a foster home under this Act, the District Social Welfare Officer, in conjunction with the manager of the foster home may place the child with a foster parent who is willing and has applied to take the care and maintenance of the child for a period not exceeding five years. Also, check out Juvenile Justice Act The Juvenile Justice Care and Protection of Children Act, 2015 is an act to strengthen and amend the law relating to children who are alleged to be in conflict with the law and children who are in need of care and protection by meeting their basic needs through adequate care, protection, development, treatment, along with social reintegration, by adopting and implementing a child-friendly approach in the arbitration and disposal of matters and cases in the finest interest of children and for the rehabilitation of children. The argument to include 16 — 18-year-old minors in a special bracket was based on the data from NCRB. The Act of 2000 was a genuine exertion made by the Indian law-making body to instill the standards of the United Nations Conventions like the CRC, the Beijing Rules, and the 1990 Rules.
Division 2 - Children in need of care and protection 23. The Children Bill of 1959 prohibited and disallowed the charging of capital punishment or sentence of detainment or utilization of correctional facilities or police headquarters for holding youngsters under any condition. The Juvenile Justice Board Board consists of a judicial magistrate of the first class along with two social workers one of whom at least should be a woman. Hence, there is a huge and urgent need to formulate certain stricter legislation concerning the Youth of the nation. Summons Where summons have been used for the purposes of bringing a child before a court, the summons shall— a be issued by a court of competent jurisdiction; b be served on the child, or parent, guardian or the next of kin of the child; and c be served on a day and time that ensures due consideration of the best interests of the child. Therefore, the state had come up with certain legislations that govern and regulate the Juvenile Wrongs and the Wrongdoers which help them to rehabilitate and become a better, if not the best, asset to the nation.
Power to revoke, modify or vary a guardians order 1 A child justice court may, on application by the child, parent, guardian, a family member or a social welfare officer, vary, modify or revoke a guardians order. Responsibilities of foster parents A foster parent in whose care a child is committed shall, while the child remains in his care, have the same responsibilities in respect of the maintenance of the child as if such foster parent were the parent of the child. The topic of the Juvenile Justice Act is an important topic under the polity syllabus. Forced marriage or betrothal No person shall— a force a child into marriage; or b force a child to be betrothed. The Act permitted courts to treat youngsters who had submitted negligible offenses as apprentices as opposed to sending them to Prison Cells.
Juvenile Justice (Care and Protection of Children) Act 2015
It has always assured the quality of its product like content pages, live tests, GK and Current Affairs, Mocks, and so on. Offences A person who— a refuses to allow a foster child to be visited by persons authorized by either the District Social Welfare Office or the child justice court; b fails, without reasonable excuse, to comply with any requirement under the Act; c accommodates a foster child in undesirable premises; d marries a child who is under foster care; e runs a foster home without the approval of the Minister, commits an offence and shall be liable to a fine of K50,000 and imprisonment for one year. A single institution should be in charge of child protection, and it should have a strong, suitable, and effective hierarchical structure that extends all the way down to the village level. Persons qualified to foster children 1 The following persons may apply to be foster parents— a a husband and wife but if a man has more than one wife, the name of the wife who is to be the foster mother shall be clearly stated; and b a single person not below the age of twenty-five years. Custody and access 1 A parent, a family member or any other appropriate person may apply to a child justice court for custody of a child.
Child Care, Protection and Justice Act (Chapter 26:03)
Disputes between guardians Where two or more persons act as joint guardians to a child or where the surviving parent and a guardian act jointly and are unable to agree on any question affecting the welfare of the child, any of them may apply to a child justice court for its direction, and the child justice court may make orders regarding the differences as it may think proper. Also, while specifying special punishments for Juvenile Wrongs, the punishments are concentrated towards helping the wrongdoer achieve a better status in the society and be an asset to the nation by rehabilitating and counseling him or her. Child trafficking 1 A person who takes part in any transaction the object or one of the objects of which is child trafficking commits an offence and shall be liable to imprisonment for life. Hereafter, all the states followed similar examples while sanctioning their enactments. Under the institutional care, children are provided with various services including education, health, nutrition, de-addiction, treatment of diseases, vocational training, skill development, life skill education, counselling and so on to help them assume a constructive role in the society. The Children Act, 1960 was amended in 1978 to permit lawyers to appear before the Child Welfare Board. Evidence of parentage 1 The following shall be considered by a child justice court as evidence of parentage— a the name of the parent entered in the register of births; b performance of a customary ceremony towards the child by the purported father of the child; c refusal by the purported father to submit to medical test; d public knowledge of parentage; and e any other matter that the child justice court may consider relevant.
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998
Society can brainwash an individual positively or negatively. A similar position in the Saurashtra Children Act was declared to be unconstitutional by the Gujarat High Court in 1969. Division 4 - Fosterage 46. Ace your UPSC preparation with Testbook. These committees have the authority to make decisions regarding issues involving the care, protection, treatment, development, and rehabilitation of children who require care and protection, as well as the provision of their basic necessities and safety.
Mode of pronouncing a finding against a child The words "finding of guilty" "conviction" and "sentence" shall not be used in respect of any child in proceedings in a child justice court or any other court, but in pronouncing the conviction against the child, the court shall record that the child is found to be responsible for the offence charged and, instead of sentencing the child, the court shall proceed to make an order upon such a finding in accordance with this Act. Another Legislation related to Juvenile Laws in India was The Reformative Schools Act which was enacted in the year 1897, during the colonial period. Inquiries and placements 1 A social welfare officer who has reasonable grounds to believe that a child— a has been trafficked; b has been abducted; c has been subjected to a harmful cultural practice or any practice prohibited under sections d is being used for the purposes of prostitution or immoral practices, may remove and temporarily place the child in a place of safety. Registration of births and deaths of children 1 Unless the duty to do so has been conferred on another authority, a local government authority shall keep and maintain a register of the births and deaths of children in the area of its jurisdiction. Management of foster homes The provisions on management, inspection and closure of reformatory centers and safety homes shall apply to foster homes mutatis mutandis. Control over hospitalized children If a child is hospitalized under 30. Division 6 - Examination and assessment orders PART 2 - PART 3 - CHAPTER 6 - PART 1 - GENERAL PART 2 - ATTENDANCE OF WITNESSES AND OTHERS AND PRODUCTION OF DOCUMENTS Division 1 - Preliminary Division 2 - Compelling attendance at proceedings Division 3 - Subpoenas for attendance of witnesses to give evidence and produce documents Division 4 - Arrest warrants Division 5 - Warrants of commitment Division 6 - Bail Division 7 - General CHAPTER 7 - SUPPORT FOR PART 1 - SERIOUS OR PERSISTENT CONFLICT PART 2 - HOMELESSNESS PART 3 - Repealed None CHAPTER 8 - PART 1 - INTRODUCTION PART 2 - Division 1 - General Division 1A - Disclosure to Division 2 - Review of PART 3 - SUPPORTED Division 1 - Temporary care arrangements Division 2 - Other supported Division 3 - General provisions PART 3A - Repealed None PART 4 - DAILY CARE AND CONTROL PART 5 - ARRANGEMENTS DURING STATUTORY OR SUPPORTED PART 6 - ARRANGEMENTS ON LEAVING STATUTORY PART 7 - MISCELLANEOUS CHAPTER 9 - MEDICAL EXAMINATION AND TREATMENT PART 1 - MEDICAL EXAMINATION OF PART 2 - TREATMENT OF PART 3 - MISCELLANEOUS CHAPTERS 10-13 - Repealed None CHAPTER 14 - OFFENCES INVOLVING CHAPTER 14A - TRANSFER OF PART 1 - INTRODUCTORY PART 2 - TRANSFER OF Division 1 - Administrative transfers Division 2 - Judicial transfers PART 3 - TRANSFER OF PART 4 - REGISTRATION PART 5 - MISCELLANEOUS PART 6 - RECIPROCITY GENERALLY CHAPTER 15 - REMOVAL OF PERSONS AND ENTRY OF PREMISES AND PLACES PART 1 - REMOVAL OF PERSONS PART 2 - ENTRY OF PREMISES AND PLACES PART 3 - ANCILLARY FUNCTIONS CHAPTER 15A - CHAPTER 16 - ADMINISTRATIVE REVIEW CHAPTER 16A - EXCHANGE OF INFORMATION AND CO-ORDINATION OF SERVICES CHAPTER 17 - MISCELLANEOUS AustLII:.
Functions of child justice courts in cases of children in need of care 1 If a child justice court is satisfied that any child brought before it under this Division is a child in need of care and protection, the court may— a order the parents or guardians to enter into a binding agreement to exercise proper care and guardianship for a period specified by a child justice court; b make an order placing the child in the custody of a fit and proper person for a period specified by the child justice court; c without any other order or in addition to an order made under paragraph a or b , make an order placing the child under the supervision of— i a social welfare officer; or ii some other person appointed for the purpose by the child justice court, for a period specified by the child justice court. Division 6 - Protection of children from undesirable practices 78. Consideration for maintenance A child justice court shall consider the following when making a maintenance order— a the income and wealth of both parents of the child or of the person legally liable to maintain the child; b any impairment in the earning capacity of the person with a duty to maintain the child; c the financial responsibility of the person with respect to the maintenance of other children; d the cost of living in the area where the child resides; e the rights of the child under this Act; and f any other matter, which the child justice court may consider relevant. Application fo the appointment of a guardian by a child or family member 1 If a child, or any member of the family, considers that a surviving parent is unfit to have legal custody of the child, he may apply to the child justice court for the appointment of a guardian. The focal Act was relevant just to the Union Territories. Certain factors like Society plays a huge role in framing the mindset of the people, especially, youth. Maintenance order A child justice court may award maintenance to the child and the maintenance order may include the following— a periodic expenses for the child; b a periodic allowance for the maintenance of the child; and c the payment of a reasonable sum to be determined by the child justice court for the education of the child.
From that point forward the inclination has been to extend the extent of the juvenile justice law and move away from the regular prison system framework. Now, It has received the most ratifications of any human rights treaty in world history. Foster home placement A child justice court may, if satisfied that a child before it is in need of foster-care and protection, commit the child to a foster home for a period of time as the court sees fit. These include sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children. But sometimes, this asset, if not regulated properly and cautiously, can cause a major hindrance to society. Registration of children with disabilities A local government authority shall keep a register of children with disabilities within its area of jurisdiction and give assistance to them whenever possible in order to enable those children grow up with dignity among other children and to develop their potential and self-reliance. Harmful cultural practices No person shall subject a child to a social or customary practice that is harmful to the health or general development of the child.