Notice issued to all States and UTs on implementation of Juvenile Justice Act

The Commission, on 19 May 2003, issued notice to the Chief Secretaries/Administrators of all the States and Union Territories to furnish information to the Commission on the following within four weeks:

§ Whether the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 had been implemented in the State;

§ Whether the Juvenile Justice Boards and Protective Homes constituted under section 4(1) and 8(1) of the Juvenile Justice Act respectively, had been set-up in the State and, if so, details thereof;

§ Whether there were Certified Homes or Special Homes constituted under section 9 of the Act in which the child could be kept if he or she was not released on bail,;

§ Whether there were Child Welfare Committees constituted under section 29 of the Act; and,

§ Whether there were Children’s Homes constituted under section 34 of the Act.



The Commission had taken up this matter on receiving a report from its Special Rapporteur in Orissa, Shri A.B. Tripathy, which had pointed to a “rather disturbing” situation in this respect.

The Juvenile Justice (Care and Protection of Children) Act, 2000 came into force in the year 2001. The provisions of the Act are aimed at dealing with young offenders and lays down comprehensive provisions for the manner in which a child in conflict with law, on apprehension, should be dealt with.

The Special Rapporteur’s report pointed out that, in the State of Orissa, the Act had not been fully implemented so far. No Juvenile Justice Board had been set-up and nor were there any Certified Homes as stipulated by the Act, where the delinquent child could be kept when not released on bail. The report highlighted shortcomings in the implementation of the law in cases of children who were in conflict with the law.

The Commission thus considered it appropriate to issue notice to the Chief Secretaries/Administrators of all the States and Union Territories calling for detailed information from them.