Child Welfare Committee under the Juvenile Justice Act, 2015 – Section Summary
| Section | Rule | Key Concept | Case Law |
|---|---|---|---|
| 2 | Definitions: Defines important terms, including “child in need of care and protection.” | A child may need care and protection if the child is abandoned, lost, abused, neglected, exploited or lacks proper care and support. The Committee helps decide what protection and care the child needs. | — |
| 3 | General principles: Decisions under the Act must follow principles such as the best interests of the child, dignity, safety, family responsibility and protection from harm. | Every decision must focus on what is best for the child. The child's safety, needs, rights and future must be considered. | Sampurna Behura v. Union of India (2018) |
| 27 | Child Welfare Committee: - The State Government must establish one or more Committees in every district. - Each Committee consists of a Chairperson and four other members. - At least one member must be a woman and another must be an expert on children's matters. - Members must meet the required qualifications and eligibility conditions. - The Committee must receive training and sensitisation. - The District Magistrate reviews its functioning and acts as the grievance authority under the section. | This section establishes the Child Welfare Committee (CWC) and sets out its composition and safeguards for selecting members. It also provides for review of the Committee's work and complaints about its functioning. | Sampurna Behura v. Union of India (2018) |
| 28 | Procedure in relation to the Committee: Sets out how the Committee conducts its proceedings and makes decisions. | The Committee works as a Bench, meaning its members sit together to decide cases. It must follow the procedure laid down by the Act and the applicable rules. | — |
| 29 | Powers of the Committee: The Committee has the authority to decide matters concerning children in need of care and protection under the Act. | The CWC is the main authority for making decisions about children who need care and protection. Its decisions must follow the Act and protect the child's welfare. | Sampurna Behura v. Union of India (2018) |
| 30 | Functions and responsibilities of the Committee: Includes receiving and examining children, conducting inquiries, arranging care, rehabilitation and restoration, and taking steps for children who may be legally free for adoption. | This section explains the Committee's main duties. It must assess each child's situation and decide what care, protection and support are needed. | Sampurna Behura v. Union of India (2018) |
| 31 | Production before the Committee: A child in need of care and protection may be brought before the Committee by the police, public servants, child protection organisations, social workers, members of the public, the child themselves, or certain medical professionals and institutions. The child must be produced without delay and within 24 hours, excluding travel time. | Anyone who finds a child in need of protection can take steps to bring the child before the CWC. The 24-hour rule helps ensure that the child receives timely attention and protection. | — |
| 32 | Mandatory reporting regarding a child found separated from a guardian: A person or organisation that finds or receives a child who appears lost, abandoned or without family support must report the matter within 24 hours, excluding travel time, or hand the child to a registered child care institution as permitted by law. | People who find a lost or abandoned child must not keep the child without informing the proper authority. The law requires prompt reporting so the child can be protected and their family can be traced where possible. | — |
| 33 | Offence of non-reporting: Failure to provide the information required under Section 32 within the prescribed time is an offence. | A person cannot ignore the legal duty to report a lost or abandoned child. Failure to report may lead to punishment under the Act. | — |
| 34 | Penalty for non-reporting: A person who commits the offence under Section 33 may face imprisonment of up to six months, a fine of ₹10,000, or both. | This section provides punishment for failing to report a child found separated from their guardian as required by law. | — |
| 35 | Surrender of children: A parent or guardian who cannot care for a child because of circumstances beyond their control may approach the Committee to surrender the child. The law requires an inquiry, counselling and a surrender deed, with a two-month period to reconsider the decision. | Surrender is a formal legal process, not simply leaving a child at an institution. The waiting period gives the parent or guardian time to reconsider while arrangements are made for the child's safety. | — |
| 36 | Inquiry: The Committee must inquire into the child's circumstances and may arrange temporary care while the inquiry is in progress. A social investigation should normally be completed within 15 days, and the final order should be passed within four months of the child's first production, subject to the Act's special rules. | The inquiry helps the Committee understand the child's family situation, safety and care needs. The findings help it decide whether the child can return home or needs alternative care. | — |
| 37 | Orders concerning a child in need of care and protection: The Committee may order restoration to family, placement in a children's home or fit facility, care by a fit person, foster care, sponsorship, rehabilitation services or a declaration that the child is legally free for adoption. | This section gives the Committee several options to protect and support a child. It must consider the inquiry findings and, where the child is mature enough, the child's wishes. | Sampurna Behura v. Union of India (2018) |
| 38 | Procedure for declaring a child legally free for adoption: The Committee must make efforts to trace the parents or guardians of an orphan or abandoned child. If the legal conditions are met, it may declare the child legally free for adoption. At least three Committee members must make this decision. | A child cannot be placed for adoption merely because the child has been found alone or has been brought to an institution. The Committee must follow the required inquiry and legal process before making the declaration. | Shabnam Hashmi v. Union of India (2014) |
| 39 | Rehabilitation and social reintegration: Rehabilitation must aim to provide care, protection, education, health support and other services needed for the child's development and return to society. | Rehabilitation means helping a child recover from difficult circumstances and build a safe future. The plan should match the child's needs and circumstances. | Sampurna Behura v. Union of India (2018) |
| 40 | Restoration of a child in need of care and protection: Restoration means returning the child to parents, guardians or family, when this is safe and in the child's best interests. | Returning a child to their family is considered where appropriate, but the child's safety comes first. The Committee must not order restoration if it would put the child at risk. | Sampurna Behura v. Union of India (2018) |
| 41 | Registration of child care institutions: Child care institutions covered by the Act must be registered as required by law, whether run by the government or by voluntary or non-governmental organisations. | Registration helps authorities check whether institutions caring for children meet legal requirements. It supports monitoring of the child's living conditions, safety and care. | Sampurna Behura v. Union of India (2018) |
| 44 | Foster care: Allows a child to be placed with a suitable family other than the child's biological family, under the legal conditions and supervision prescribed by the Act. | Foster care gives a child a family environment when living with the biological family is not possible or suitable. The placement must be assessed and monitored to protect the child. | — |
| 45 | Sponsorship: Provides financial or other support to children and families in need, as permitted by the Act and applicable rules. | Sponsorship can help a child remain with their family or receive necessary support instead of being placed in an institution. The aim is to meet the child's needs and reduce the risk of separation. | — |
| 46 | After-care of children leaving a child care institution: Provides support to eligible young people who leave child care institutions after reaching the prescribed age. | After-care helps young people move towards independent living. Support may assist with education, vocational training, accommodation and finding work. | — |