Section F GRP 2 Nukkad
Section F GRP 2 Nukkad
Juvenile Justice
(Care and
Protection of
Children) Act,
2015
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Overview of the Juvenile
Justice Act, 2015
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(ADD INDEX)
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(LIST OF STUDENTS)
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INTRODUCTION:
• The Juvenile Justice (Care and Protection of Children) Act, 2015, is an important piece of legislation in
India, designed to replace the earlier Juvenile Justice Act of 2000. This law was introduced to address
the unique needs of children in conflict with the law and children in need of care and protection, with a
focus on rehabilitation and social reintegration. The 2015 Act was enacted in response to growing
concerns about juvenile involvement in serious crimes, especially after the 2012 Delhi gang rape case,
where one of the accused was a minor. Key features include:
Differentiated Treatment for Minors: The Act categorizes children into two groups: those below 16
years and those between 16 and 18 years who commit heinous offenses. For the latter, it provides the
option of being tried as adults in cases involving heinous crimes, subject to a preliminary assessment
by the Juvenile.
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Juvenile Justice Board and Child Welfare Committee: The Act mandates the establishment of JJBs for
juveniles in conflict with the law and Child Welfare Committees (CWCs) for children in need of care and
protection, in every district.
Focus on Rehabilitation and Reintegration: Emphasis is placed on counselling, rehabilitation, and
reformation over punishment. Various mechanisms, such as foster care and adoption, are provided to ensure
the best interests of children.
Streamlined Adoption Procedures: The Act simplifies the adoption process in India, making it faster and
more transparent, with an emphasis on ensuring safe and legal adoption practices.
Protection from Exploitation: Provisions are in place to protect children from being used for illegal
activities, such as trafficking or begging, and to ensure their rights are safeguarded.
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Implementation
(Care and Protection of Children) Act,2015
• The Juvenile Justice (Care and Protection of Children) Act, 2015, aims to create a child-friendly approach within the juvenile
justice system, balancing the need for protection and accountability with the recognition of children’s unique circumstances and
potential for positive change.
• Effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, is crucial for protecting child
rights and ensuring child welfare in Chandigarh due to the following detailed reasons:
• Chandigarh’s population includes children from various socioeconomic backgrounds, some of whom may face severe risks such as
abuse, trafficking, or neglect. Effective implementation of the Act ensures that these children are identified and provided with
protective interventions, preventing them from falling victim to cycles of exploitation and harm.
• The Act’s mechanisms, such as Child Welfare Committees (CWCs) and Special Juvenile Police Units (SJPUs), play an essential
role in identifying children in need of care and providing timely support. Without effective implementation, many vulnerable
children could go unnoticed and unprotected.
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• 2. Promoting Rehabilitation and Reintegration Over Punishment
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• The Act focuses on rehabilitation and social reintegration for children in conflict with the law, rather than punishment. This approach is
essential to allow children a second chance to rebuild their lives, mitigating the risk of stigma and permanent alienation from society.
• In Chandigarh, where the juvenile population may face peer pressures and societal challenges, implementing rehabilitation-oriented programs
(like counseling, skills training, and education) helps redirect children toward positive behavior and long-term success.
• The Juvenile Justice Act aligns with the United Nations Convention on the Rights of the Child (UNCRC), which Chandigarh, as part of India,
has committed to uphold. This includes the right to survival, protection, development, and participation.
• Effective implementation translates these global standards into local actions, ensuring that children’s rights are upheld in Chandigarh. This
encompasses rights to education, health, protection from abuse, and fair treatment under the law, promoting a rights-respecting culture for
children throughout the region.
• Implementation of the Act can significantly reduce recidivism by addressing the underlying factors that lead children into conflict with the law,
such as poverty, lack of education, and family instability.
• By offering targeted rehabilitation programs (e.g., life skills training, mental health support, and vocational training), the Act can help divert
children from reoffending, making Chandigarh safer for all residents and supporting children in pursuing lawful, fulfilling lives.
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5. Strengthening the Child Welfare Infrastructure
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proper functioning of essential institutions, such as Juvenile Justice Boards
(JJBs), CWCs, and shelter homes, which provide critical services for children.
A well-structured child welfare system allows for smooth case processing, accessible legal aid, and safe housing options for children in
need. For Chandigarh, this infrastructure helps build a sustainable system that can effectively respond to cases of juvenile delinquency
and child welfare issues.
The Act promotes family-based care through foster care, adoption, and aftercare services, which are crucial for the healthy development
of children in need of care and protection.
Effective implementation ensures that children who cannot stay with their biological families have access to stable, nurturing
environments that support their growth and well-being. This helps children avoid institutionalization and allows them to thrive in family
or community settings, which are more conducive to emotional and psychological health.
With proper implementation, the Act holds various agencies accountable to ensure timely and appropriate responses to child welfare
cases, minimizing delays that can have adverse effects on children.
Effective procedures in JJBs, CWCs, and SJPUs help prevent children from facing unnecessary delays in justice, which could otherwise
lead to prolonged trauma or negative developmental impacts. Accountability measures also ensure these institutions are continually
improving to meet child welfare needs effectively. 13 13
8. Enhancing Public Awareness and Building a Child-Sensitive Society
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and public awareness of child rights, encouraging people to be more vigilant and
responsive to child welfare issues.
In Chandigarh, a well-implemented juvenile justice system encourages schools, local communities, and organizations to collabourate
in creating a child-sensitive environment. This includes awareness campaigns, reporting mechanisms, and partnerships with local
NGOs to help prevent child rights violations and support welfare programs.
The Act encourages holistic approaches to child welfare, addressing psychological, educational, social, and legal needs. This
approach helps create a supportive ecosystem around the child, including psychological counselling, educational programs, and
social support.
In Chandigarh, implementing this holistic approach enables children to receive well-rounded support tailored to their individual
needs, aiding in their recovery, reintegration, and long-term success in society.
The Act empowers police, judiciary, educators, healthcare workers, and NGOs in Chandigarh by providing guidelines and training to
ensure child-sensitive handling of cases.
With proper training and resources, these stakeholders can more effectively identify, report, and manage child rights violations,
ultimately creating a safer environment and a robust child protection network across the city.
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11. Reducing Social Costs and Promoting Community Welfare
By addressing juvenile delinquency through prevention, rehabilitation, and integration, effective implementation helps reduce the social
costs associated with crime, including impacts on families and communities.
Chandigarh’s society benefits from a reduction in juvenile crime rates and the proactive inclusion of children into mainstream society. This
contributes to long-term community welfare and the city’s social development.
As a union territory with distinctive governance, Chandigarh can set a model for effective juvenile justice implementation that other
regions can adopt.
By ensuring successful implementation, Chandigarh can demonstrate best practices in child welfare, creating a replicable framework that
other territories and states may look to as a model for improving juvenile justice and child protection.
In conclusion, the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, is essential in Chandigarh
to protect children’s rights, reduce juvenile crime, and provide a solid foundation for child welfare. It ensures that children are treated with
dignity, supported through comprehensive care, and given a fair chance at successful reintegration into society. The positive impacts extend
beyond individual children, fostering a safer, more resilient, and child-sensitive society in Chandigarh.
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OBJECTIVE OF THE title style
STUDY
• The objective of a study on the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Chandigarh could
include the following:
Assess Implementation Effectiveness: Evaluate how effectively the provisions of the JJ Act are being implemented by government
bodies, including the functioning of the Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), Special Juvenile Police
Units (SJPUs), and District Child Protection Units (DCPUs).
Identify Gaps and Challenges: Identify any challenges or gaps in resources, infrastructure, and capacity that may be hindering the
effective application of the Act in Chandigarh.
Evaluate Awareness Levels: Measure the level of awareness among key stakeholders (law enforcement, judicial officers, child
protection officials, NGOs, and the public) regarding the rights and protections afforded to juveniles under the Act.
Analyze Case Handling and Rehabilitation Efforts: Review case data to understand how juveniles in conflict with the law or in need
of care and protection are managed, including rehabilitation efforts, support services, and aftercare provisions.
Examine Compliance with International Standards: Assess the alignment of Chandigarh's juvenile justice practices with
international child rights standards, particularly as outlined by the United Nations Convention on the Rights of the Child (UNCRC).
Provide Recommendations: Develop actionable recommendations for enhancing the implementation of the JJ Act, focusing on
improving child protection, enhancing rehabilitation efforts, and addressing systemic challenges.
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PROBLEM
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• The following are the factors which are responsible for increase in juvenile delinquency-
Violence At Home
• One of the most widespread and leading reasons for juvenile crime is violence at home. A home is where the child learns what kind of a
person to grow into. If violence is all they have encountered, they turn into violent people themselves. In many cases, the child has no idea
why they experience the violence and how to protect themselves from it. This may result in petty criminal activities that include shoplifting
or violating traffic laws. Others may cause greater harm and commit bigger crimes that reflect their rage within.
• Children may lash out at others around them for what they experience at home. These delinquents are more likely to possess an “I don’t
care” attitude.
• A consistent absence of a guardian or a parent is another leading factor for why juvenile crimes are on the rise. Most juvenile crimes cases
have parents who themselves have many issues which cause them to neglect their child. Nurturing takes place at home, where the child is
taught the difference between right and wrong. If the role model is not in the picture, the child will most likely turn to wrong decisions.
• Moreover, the media also play a significant part in increasing juvenile crimes. Lack of supervision leads to the exposure of all sorts of
content on television, making the child want to model it. Since the ability to tell wrong from right isn’t present, they go for what is exciting
without foreseeing the consequences.
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Poor Educational Quality
A good school pays more attention to its youth and practices healthy discipline. Most underfunded and overpopulated schools lack the kind of
regulation needed. The child feels the need to protect themselves in such surroundings that lack law and order by taking it in their hands.
Furthermore, the involvement of teachers and parents in the child’s school performance is another determining factor for how the child chooses
to view education. The constant checks develop a sense of accountability within the child as they know they will be asked about their work and
progress.
These routines help with establishing healthy habits and discipline. Not going to school regularly results in having more free time at hand to
indulge in harmful activities. If the child grows up defying basic rules such as attending school on a regular basis, they grow older to have no
respect for other societal regulations.
Additionally, learning abilities within a child also contribute. Those who struggle to meet academic requirements at school feel left out. If the
child is motivated even for their low grades and weak performance, they most likely won’t look elsewhere to feel good and appreciated.
Bullying can be a huge contributor in itself, leading to feelings of ostracism and resorting to criminal activities.
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Substance Abuse
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Being on substances at home or getting it from the environment is why some children cannot function as normal members of society.
Exposure to such substances leads to dependence over time and finding unnatural ways of satisfying that craving. Most times, these
individuals end up committing crimes that they wouldn’t have thought of otherwise. In such cases, children require counseling
services to help them regain their sense of worth and self-esteem.
Peer Pressure
Social circles matter most after a child’s home environment. If parents are too controlling, the child might resort to the wrong
company to feel better by breaking the rules. Similarly, if parents are absent and the child cannot tell wrong from right, they choose to
go with a circle to feel in control and protected.
In wanting to be a part of the group they opt for, the child might have to adapt to the activities of that group, be it drugs or crime.
Socioeconomic Factors
While crime exists in all neighborhoods, there are more cases of delinquent activities in poorer areas. The children residing in these
areas commit crimes like stealing or getting involved in bloody fights only because they feel they must do so to survive. If children in
such areas are provided with the right kind of schooling and the basic necessities to live, they might not resort to committing crimes to
get through.
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"Do you believe the current juvenile age limit (under 18) is appropriate?"
The survey reveals that 62.5% of respondents believe the current juvenile age limit of
under 18 is appropriate, indicating broad support for the existing law. However, 33.8%
think the age should be lowered, suggesting concerns about juvenile crime and a desire
for stricter laws. Only 3.7% feel the age limit should be higher, pointing to minimal
concern about the maturity of near-18 individuals. This data implies policy stability but
highlights a significant minority pushing for tougher juvenile regulations.
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The second pie chart indicates that 73.5% of respondents have interacted with or heard
about juveniles involved in criminal activities through media or acquaintances, while
11% have personally encountered such instances. Meanwhile, 9.6% responded "No,"
and 5.9% are "Not sure," highlighting varying degrees of awareness and exposure to
juvenile crime. These insights can inform discussions on the appropriateness of the
current juvenile age limit and potential areas for legal reforms.
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The survey reveals that 50.7% of respondents believe that access to violent or inappropriate
content online significantly contributes to juvenile delinquency, while 41.2% think it has some
influence but isn’t the main cause. A small minority believes other factors are more important or
are unsure about the impact. This highlights a dominant view that online content impacts youth
behaviour, though other factors are also recognized.
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The survey results indicate that a significant majority, 67.6%, of respondents believe that lack of
education is a major factor contributing to juvenile crime. This suggests that most people see
education as a crucial element in preventing delinquent behaviour among youth. However, 23.5% of
respondents are uncertain, indicating that they may recognize the complexity of the issue and the
role of various factors beyond just education. Meanwhile, 8.8% disagree with the notion that lack of
education is a primary cause, possibly highlighting their belief in other influencing factors such as
family environment, socio-economic conditions, or peer influence. Overall, while there is a strong
consensus on the importance of education, the responses also reflect a diversity of opinions on the
factors driving juvenile crime, underscoring the need for a multifaceted approach to addressing this
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issue.
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The survey reveals that 67.6% of respondents believe that lack of education is a major factor contributing to
juvenile crime, highlighting the significant role of education in preventing delinquent behaviour. Meanwhile,
23.5% are uncertain, indicating a recognition of the complexity of the issue and the influence of various
factors beyond just education. A smaller group, 8.8%, disagrees, possibly underscoring other influences like
family environment or socio-economic conditions. This majority consensus on education's importance,
coupled with the diversity of opinions, underscores the need for a multifaceted approach to addressing
juvenile crime.
The pie chart on peer pressure indicates that 66.2% of respondents think peer pressure plays a significant
role in young people committing crimes, while 27.2% are unsure, and 6.6% believe it does not. This
reinforces the impact of peer influence on juvenile behaviour, suggesting a substantial focus area for 2525
preventative measures.
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The pie chart shows that the majority (80.9%) of respondents believe that a
multifaceted approach is the best way to prevent juvenile delinquency, combining
better education and awareness programs, stricter enforcement of laws, more
recreational and community activities for youth, and improving family and home
environments. Smaller segments of respondents prioritize individual measures,
such as 3.7% for family support programs, indicating that while there's broad
support for a comprehensive strategy, some still see value in targeting specific
areas. This highlights the complex nature of preventing juvenile delinquency and
the need for diverse solutions. 2626
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This pie chart shows that 68.4% of respondents think stricter laws regulating
smartphone and internet use for juveniles are necessary to prevent exposure to
harmful content. Meanwhile, 12.5% believe such laws wouldn't make a
significant difference, and 14% think it's up to parents to monitor their children. A
small segment, 5.1%, supports stricter laws only in schools or public places.
This illustrates a dominant concern for protecting youth from harmful content
while highlighting differing opinions on how best to achieve that.
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The pie chart shows that 64.7% of respondents believe stronger laws could help reduce
juvenile crime, 28.7% are uncertain, and 6.6% disagree. This indicates a significant
majority supports stricter laws as a deterrent, while a notable portion remains unsure about
their effectiveness. The minority skeptical about stronger laws suggests some belief in
alternative approaches, like focusing on underlying social issues. This data highlights the
predominant view that legal measures are crucial but also reflects the complexity of
addressing juvenile crime.
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This survey results reveal that a vast majority (92.6%) of respondents believe it's crucial
for schools to teach kids about the consequences of crime, reflecting a strong consensus on
the importance of early education in deterring delinquent behavior. The overwhelming
support for this idea underscores the belief in proactive, educational approaches to crime
prevention. The minimal representation of dissenting opinions ("No" and "Maybe")
shows there is little skepticism about the value of crime education in schools. This strong
advocacy indicates a societal commitment to using education as a tool to combat juvenile
delinquency. 2929
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The survey, depicted as a pie chart, asked 136 respondents about the top priority for
authorities in dealing with juvenile crime. Nearly half (49.3%) favored focusing on
rehabilitation and education, suggesting a strong belief in reforming young offenders.
Another 23.5% supported strengthening law enforcement and punishment, while an
equal percentage endorsed increasing youth engagement through activities and jobs,
emphasizing a balanced approach. A small fraction (3.7%) highlighted the need for
more family support programs, indicating that most respondents see broader societal
measures as more critical in addressing juvenile crime.
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The survey on handling juveniles committing minor offenses shows a strong preference
for non-punitive approaches. Most respondents (61.8%) favor rehabilitation or
counseling programs, highlighting a desire for restorative justice. About 25% support
legal consequences without jail, suggesting accountability without harsh punishment. A
smaller group (8.1%) prefers warning and release, while only 5.1% advocate for treating
juveniles like adults. Overall, the findings suggest public support for addressing
behavioral issues over strict legal actions.
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The survey shows strong support (65.4%) for giving juveniles a second chance for
minor offenses, reflecting a preference for leniency and rehabilitation. About 21.3%
are cautiously open, likely favoring case-by-case assessments, while 13.2% oppose,
favoring stricter consequences. Overall, the majority lean toward forgiveness and
personal growth over punitive measures for minors.
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The survey indicates that most respondents (66.2%) believe strict punishment
alone is insufficient to prevent crime, favoring a more holistic approach
involving rehabilitation and addressing root causes. Around 19.1% are
uncertain, suggesting that punishment may work in specific cases, while only
14.7% believe it is enough on its own. This shows a preference for combining
punishment with preventive measures
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LEGAL
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• The implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Chandigarh involves various legal
provisions designed to protect and rehabilitate children in conflict with the law and those in need of care and protection. Below
is a detailed overview of these provisions:
• Section 4: Establishes the Juvenile Justice Board in every district, including Chandigarh. The JJB consists of a Metropolitan
Magistrate or a Judicial Magistrate with two social workers (one of whom should be a woman). The purpose is to ensure a child-
friendly atmosphere, unlike traditional court settings.
• Section 5: Jurisdiction of the JJB covers all cases where children are in conflict with the law, ensuring they are treated with a
focus on rehabilitation and not punishment.
• Section 6: Empowers the JJB to hold inquiries and dispose of cases through counselling, probation, or sending children to
rehabilitation centres. For heinous offenses, the JJB may transfer cases involving children between 16-18 years of age to
Children's Courts.
• Section 8: Outlines the powers, functions, and responsibilities of the JJB, including ensuring a child-centric approach in
hearings and assisting in the social reintegration of children.
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2. Child Welfare Committees (CWC) - Sections 27 to 30
Section 27: Requires the establishment of a CWC in each district. In Chandigarh, the CWC is responsible for handling cases of children
in need of care and protection, including orphaned, abandoned, and abused children.
Section 28: Empowers the CWC with legal authority to make decisions regarding the care, protection, and rehabilitation of children. The
CWC can place children in temporary care facilities, reunite them with their families, or place them in foster care.
Section 29: Outlines the roles and duties of the CWC, including identifying children in need, providing temporary shelter, and
coordinating with NGOs and child care institutions (CCIs) to ensure comprehensive care.
Section 30: Provides that the CWC is the final authority on matters of care, protection, treatment, development, and rehabilitation of
children.
Section 107: Mandates the creation of SJPUs within Chandigarh Police to handle cases involving juveniles with sensitivity. It includes
appointing child welfare officers trained to interact with children and work in coordination with JJBs and CWCs.
Roles of SJPU: They ensure children are treated with respect and dignity during investigations, without exposure to intimidation or
criminal elements. They coordinate closely with CWCs and JJBs for proper handling of cases.
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of Cases - Sections 14 and 15
Section 14: Specifies that the JJB has exclusive jurisdiction over all proceedings concerning children in conflict with the law. This
ensures children are not tried as adults, except in rare cases.
Section 15: Allows for the transfer of cases involving children aged 16-18 who commit heinous offenses (offenses with a minimum
sentence of seven years). In such cases, after preliminary assessment, the JJB may transfer the case to the Children’s Court, which
considers both the gravity of the offense and the child's maturity.
Children’s Homes (Section 50): Specifies that the state must establish children’s homes for care and rehabilitation. In Chandigarh,
these homes provide shelter, education, and health services to children in need.
Foster Care (Section 44): Encourages the placement of children in foster care, especially for those who cannot live with biological
families. Chandigarh’s State Child Protection Society (SCPS) manages foster placements.
Adoption Provisions (Sections 56 to 73): Outlines procedures for legal adoption through Central Adoption Resource Authority
(CARA). The CWC is involved in declaring children legally free for adoption, which helps prevent illegal adoptions and trafficking.
Aftercare Programs (Section 46): For children above 18 who require continued support, aftercare programs provide assistance with
housing, employment, and education, easing their transition to independence.
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6. Child-Friendly Master
Procedures - Section 3 title style
Section 3 lists the "General Principles of Care and Protection of Children," including principles of dignity, best interest, family
responsibility, non-stigmatizing semantics, and non-discrimination. These principles guide all procedures under the Act and ensure
that all children in Chandigarh are treated with respect and a focus on rehabilitation.
Section 39: Requires that every child in need of care or a child in conflict with the law undergoes an Individual Care Plan (ICP) for
rehabilitation and reintegration.
Section 40: Emphasizes social reintegration through counselling, skill development, and vocational training.
Section 41: Encourages linkages with NGOs and child care institutions to support rehabilitation efforts.
Section 42: Provides for the establishment of open shelters to offer temporary assistance, outreach, and counselling to children at risk.
Section 74: Prohibits the disclosure of the identity of children in any form of media. Violating this provision is a punishable offense,
ensuring privacy and dignity.
Sections 75 to 87: These sections specify penalties for offenses committed against children, such as exploitation, abuse, sale or
procurement for labour, and child trafficking. These laws protect children in Chandigarh by enforcing strict punishments against
perpetrators.
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9. Institutional Framework - Sections 34 to 37
Child Care Institutions (CCIs): Section 34 mandates that every state must set up and register CCIs that meet basic
standards of care, protection, and rehabilitation.
Inspection Committees (Section 35): Chandigarh's Inspection Committees are responsible for periodically
inspecting these institutions to ensure compliance with standards and prevent child rights violations.
Registration of Institutions (Section 37): Ensures that all CCIs are registered and monitored, preventing illegal
establishments from exploiting children.
10. Monitoring and Accountability - Sections 109 to 110
Section 109: The state government, including Chandigarh’s administration, is responsible for monitoring the
implementation of the Act, holding regular reviews, and maintaining data on child welfare.
Section 110: Provides that CWCs, JJBs, and the judiciary should ensure accountability and transparency, making it
mandatory to review procedures and reports related to juvenile cases.
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11. Public Awareness and Sensitization - Section 109(2)
Section 109(2): Encourages public awareness initiatives to educate communities on child rights, child protection laws,
and the importance of a supportive environment. Chandigarh’s administration, along with NGOs, conducts regular
campaigns to ensure child welfare is a shared responsibility.
12. Coordination with State Child Protection Society (SCPS) and District Child Protection Unit (DCPU)
SCPS and DCPU work under the Integrated Child Protection Scheme (ICPS) to implement and monitor the Act’s
provisions. They are responsible for funding, organizing, and coordinating with CWCs, JJBs, and SJPUs to streamline
services for children.
To conclude, these legal provisions work together to create a framework in Chandigarh for the protection, rehabilitation,
and social reintegration of children. They ensure that children are not subjected to punitive measures and are treated in a
manner that respects their rights and promotes their best interests.
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List of relevant government bodies,
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in implementation of the Act
• Here is a list of key government bodies, NGOs, and resources involved in implementing juvenile justice and child
welfare in Chandigarh:
• Government Bodies
• Handles cases involving children in conflict with the law, focusing on rehabilitation rather than punishment. The JJB
consists of judicial magistrates and social workers to ensure child-sensitive proceedings.
• Addresses cases involving children in need of care and protection, including abandoned, orphaned, or abused children.
The CWC plays a pivotal role in assessing children’s needs and providing guidance on placement, rehabilitation, and
reintegration.
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3. Special Juvenile Police Unit (SJPU)
A specialized unit within the Chandigarh Police focused on cases involving juveniles. The SJPU ensures that children are
handled sensitively by trained officers and collaborates closely with the JJB and CWC.
4. State Child Protection Society (SCPS), Chandigarh
SCPS is responsible for implementing child protection schemes, coordinating with CWCs and JJBs, and ensuring proper
functioning of child care institutions. It oversees foster care, adoption, and aftercare programs as per the Juvenile Justice Act.
5. District Child Protection Unit (DCPU)
Works under the SCPS, focusing on case management, monitoring child welfare schemes, and supporting the CWCs and
JJBs in Chandigarh. DCPU also assists in outreach programs to prevent child abuse and neglect.
6. Department of Social Welfare, Chandigarh Administration
This department oversees child welfare and protection programs in Chandigarh, including funding, monitoring, and
evaluating child care institutions and rehabilitation centres.
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Non-Governmental
1. Childline Chandigarh (1098)
• A 24/7 helpline for children in distress, Childline provides emergency response services, rescue and shelter, medical assistance, and
counselling. It coordinates with the CWC, police, and other stakeholders.
2. Yuvsatta
• A local NGO that promotes child rights, child welfare programs, and organizes educational and vocational training workshops. Yuvsatta also
advocates against child labour and for juvenile rehabilitation.
• Works with government bodies to implement child protection and welfare programs. Save the Children conducts community outreach and
awareness campaigns on child rights and juvenile justice.
4. Prayaas
• Established by the Chandigarh administration, Prayaas is a juvenile home providing rehabilitation, education, counselling, and vocational
training to children in conflict with the law.
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5. Society for Promotion of Youth & Masses (SPYM)
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Focuses on rehabilitation Master
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particularly those dealing with substance abuse. SPYM provides counselling and skill-building
programs to help juveniles transition back to mainstream society.
Provides support for street children, focusing on education, nutrition, and rehabilitation. Salaam Baalak Trust also works to prevent children from entering
a life of crime by offering safe spaces and vocational training.
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Click to editINTERNATIONAL
Master title style FRAMEWORKS
The Juvenile Justice (Care and Protection of Children) Act, 2015, reflects India's commitment to global standards in juvenile justice and child welfare,
aligning with several key international frameworks and practices. Here’s how the Act and its implementation in Chandigarh relate to international norms
and approaches:
The Juvenile Justice Act of 2015 integrates these rights by prioritizing rehabilitation over punishment, ensuring children’s right to privacy, and
setting up supportive structures like the Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) for child-sensitive handling of cases.
Chandigarh's system aligns with UNCRC’s principles, particularly in ensuring that children are treated with dignity and that their best interests are at
the centre of judicial and protective interventions.
2. Beijing Rules (United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985)
The Beijing Rules emphasize the importance of fair and humane treatment of juveniles in conflict with the law. They recommend that countries focus
on diversion (keeping children out of the formal justice system whenever possible), fair trials, and rehabilitation.
Chandigarh’s implementation, through the Juvenile Justice Act, reflects these standards by allowing JJBs to prioritize counselling, community
service, and diversionary tactics over formal sentencing. The Special Juvenile Police Units (SJPU) in Chandigarh are also trained to prevent children
from experiencing harsh or intimidating judicial processes, aligning with international standards on juvenile justice.
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3. Riyadh Guidelines (United Nations Guidelines for the Prevention of Juvenile Delinquency, 1990)
These guidelines emphasize preventive measures to address juvenile delinquency, such as family-based support, education, and social
reintegration programs.
Chandigarh’s District Child Protection Unit (DCPU) and other local agencies implement preventive strategies, including community
outreach, educational support, and skill development. The Act's provisions for foster care, adoption, and aftercare programs also reflect the
Riyadh Guidelines’ emphasis on family-based interventions and long-term support.
4. Havana Rules (United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990)
The Havana Rules provide guidance on ensuring humane treatment for juveniles in detention. They advocate for separating children from
adults, promoting educational and rehabilitative programs, and minimizing detention durations.
Chandigarh follows these rules by separating juveniles from adults in detention facilities and focusing on rehabilitation through structured
programs within juvenile homes. Child care institutions and observation homes in Chandigarh are regularly inspected to ensure they meet
humane standards, with a focus on rehabilitation, counselling, and educational services.
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6. United Nations Sustainable Development Goals (SDGs) - Goal 16.2
SDG Goal 16.2 aims to end abuse, exploitation, trafficking, and all forms of violence against children. This includes
strengthening laws and systems for protecting children.
The Juvenile Justice Act contributes to this goal by addressing various forms of abuse and providing legal
mechanisms to prevent child trafficking and exploitation. The effective implementation of this law in Chandigarh,
along with community awareness programs, contributes to safeguarding children and supports SDG efforts at a local
level.
The Hague Convention provides a framework for ethical and regulated international adoptions, ensuring that
intercountry adoption serves the best interests of children and prevents child trafficking.
Through CARA, Chandigarh follows these guidelines for intercountry adoption, ensuring all adoptions meet
international standards. CWCs also play a role in verifying that children are legally free for adoption, aligning with
the Hague Convention’s emphasis on transparency and child welfare
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Comparative International Examples in Juvenile
Justice
• United States: In the U.S., states like California have adopted restorative justice practices,
emphasizing the rehabilitation of juveniles through community-based programs. Chandigarh’s
JJBs and SJPUs adopt similar principles of restorative justice, promoting social reintegration.
• United Kingdom: The UK’s youth justice system emphasizes diversion programs to keep
children out of court. Chandigarh implements diversionary measures as well, focusing on
rehabilitation and providing family or community-based support to children in conflict with the
law.
• Brazil: Brazil’s Statute of the Child and Adolescent emphasizes the protection of children's rights,
similar to India’s Juvenile Justice Act. Chandigarh’s adherence to non-punitive approaches and
prioritizing family-based care aligns well with Brazil’s approach
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Role of title
UNICEFstyleand Other International
Agencies
• UNICEF and international NGOs play a crucial role in promoting child-friendly justice systems worldwide,
including in India. They provide training, capacity building, and resources to implement best practices.
• Impact in Chandigarh: Chandigarh benefits from resources, guidelines, and assistance provided by these
organizations, which support ongoing training for police, CWCs, and JJBs. Their focus on international best
practices strengthens local capacity in Chandigarh to handle juvenile justice cases sensitively and effectively.
• To recapitulate, through the Juvenile Justice Act, Chandigarh's juvenile justice system aligns with
international frameworks that prioritize rehabilitation, child rights, and family-based care. By implementing
these standards, Chandigarh not only protects children within its jurisdiction but also contributes to a broader
global movement to reform juvenile justice systems in a way that upholds dignity, reduces recidivism, and
supports long-term social reintegration for children.
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PRONOUNCEMENTS
Sher Singh @ Sheru v. State of U.P. (2016)
• In this case, appellant was convicted of the offence of kidnapping and raised the plea of juvenility on the ground that, according to his High School
Examination (Matriculation) Record, his age was below 18 years of age when the offence was committed. Consequently, he is entitled to the benefit of
the Juvenile Justice (Care and Protection of Children) Act, 2015, along with the Juvenile Justice (Care and Protection of Children) Rules, 2007. The said
application was sent to the Juvenile Justice Board, which rejected the plea on the ground of a medical report according to which his age was recorded as
19 years at the time of the commission of the crime.
• A prayer was again filed by the appellant after four years to declare him a juvenile in the Session trial. However, this was also rejected and dismissed.
Subsequently, this order became final. He preferred a writ petition in 2013, which was again treated as infructuous and dismissed. However, it was
observed that the right of the appellant to raise the plea of juvenility would not be affected. The court observed that Section 7A of the Juvenile Justice
(Care and Protection of Children) Act, 2000, along with Rule 12 of the 2007 rules, puts an obligation on the court to conduct an inquiry and not any
investigation or trial. It was further observed that the inquiry related to the determination of age must be completed within 30 days from the date when
the application was made. With this, the court can easily seek evidence and obtain matriculation or other required certificates. The court provided a list of
documents that must be referred to in this regard:
In absence of matriculation certificate, birth certificate from the school which was attended first must be referred to, or,
A medical report is required only when the above mentioned documents are not available.
• Judgment: The court further held that the right of a person to raise the plea of juvenility cannot be denied by dismissing or treating the writ petition as
infructuous. The plea can also be raised in the criminal appeal, even if it has been raised previously before the board. 6262
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Sampurna stylev. Union of India (2018)
Behura
In this case, a writ petition was filed by a social activist named Sampurna Behura and highlighted the problems faced by children and
juveniles in observation homes, shelter homes, etc. She directed the attention of the Court towards various provisions in the Constitution
which impose a duty on the state government to ensure welfare and development of children and their failure to do so, like establishment of
juvenile justice board, medical facilities for juveniles, proper living conditions, juvenile police, etc.
Judgement :The Supreme Court in this case held that the Act must be implemented by state governments properly according to the needs
of children and gave the following directions:
The Ministry of Development of Women and Children must ensure that the National Commission for Protection of Children’s Rights
and the State Commission for the Protection of Children’s Rights work properly with adequate staff towards providing better
conditions for children.
The Juvenile Justice Board and Child Welfare Committees were directed to conduct regular sessions regarding speedy delivery of
justice to the children in conflict with law.
The Commission for Children’s Rights, both at state and national levels, must perform its functions and duties properly and conduct
surveys at regular intervals.
The Chief Justices of each High Court were asked to make the environment of court children friendly for the juveniles.
The State Governments and Union Territories must ensure that all institutions for children are registered and that facilities for nutrition,
health, and education are given to them.
Members or officers of the juvenile justice board, child welfare committees, special police units for juveniles, child protection units in
districts, etc., must be given proper and adequate training to deal with juveniles. 6363
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State Of NCT Of Delhi (2020)
The factual background is that a juvenile ‘X’ is alleged to have committed an offence punishable under Section 304 of
the Indian Penal Code,1860 (IPC for short) which pertains to culpable homicide not amounting to murder, punishable
with a maximum punishment of imprisonment for life or up to 10 years and fine in the first part and imprisonment up
to 10 years or fine, or both in the second part. No minimum sentence is prescribed. The Juvenile Justice Board had
earlier decided that the juvenile should be tried as an adult due to the nature of offence being classified as heinous.
The main issue was “whether an offence prescribing a maximum sentence of more than 7 years imprisonment but not
providing any minimum sentence, or providing a minimum sentence of less than 7 years, can be considered to be a
‘heinous offence’ within the meaning of Section 2(33) of The Juvenile Justice (Care and Protection of Children) Act,
2015?”
Judgement: The Supreme Court held that offences which do not have a minimum sentence of seven years cannot be
categorized as “heinous” under the Juvenile Justice Act. The Court provided a temporary solution by stating that such
offences should be treated as “serious” offences until the legislature makes appropriate amendments to the act.
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Master title style v. Vijay Kumar (2019)
of Maharashtra
The case involved a child who was found to be in a vulnerable and abusive environment. Concerns were raised regarding the
responsibilities and the promptness of action taken by the CWC and DCPU in intervening and ensuring the child’s safety.
Issue: The central issue was whether CWCs and DCPUs were fulfilling their legal duties under the Juvenile Justice (Care and
Protection of Children) Act, 2015, especially regarding timely intervention and proactive measures in cases where children’s welfare
was at risk.
Judgment: The Supreme Court underscored that CWCs and DCPUs are responsible for immediately identifying and addressing
risks to children’s welfare, emphasizing the need for timely and decisive action. The Court highlighted that CWCs have a duty to
provide protection and ensure that children in abusive or neglectful situations are swiftly removed and placed in a safe environment.
Directives: The Court directed CWCs and DCPUs across India to be vigilant and proactive in addressing cases of child abuse and
neglect. The judgment clarified that CWCs should promptly conduct inquiries and provide necessary interventions to prevent harm
to vulnerable children. Additionally, it reinforced the requirement for regular monitoring and assessments of child care institutions to
ensure compliance with safety standards.
This ruling strengthened the operational framework of CWCs and DCPUs, mandating them to act swiftly and decisively in
protecting children. For states like Maharashtra, it led to stricter oversight of child protection processes and reinforced the
commitment to proactive interventions, ultimately enhancing the protection mechanisms for at-risk children across the country.
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v. Ex-Armymen Protection Services (2022)
The case was initiated due to concerns about children being employed in hazardous environments, especially in violation of the Juvenile Justice (Care and
Protection of Children) Act, 2015, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. Ex-Armymen Protection Services, a security
agency, was accused of employing minors in inappropriate and hazardous working conditions, raising significant legal and ethical concerns.
Issue: The core issue was whether the government and private entities were adequately enforcing existing laws prohibiting child labour in hazardous industries.
The case questioned the responsibility of the state to prevent children from being exploited in dangerous workplaces and the adequacy of penalties for violators.
Judgment: The Supreme Court highlighted that child labour laws must be strictly enforced and that penalties against employers exploiting children in hazardous
work environments should be stringent. The Court also underscored that all relevant authorities, including CWCs, must proactively monitor industries to prevent
child labour and abuse.
Directives: The Court directed states and Union Territories to ensure that:
The judgment emphasized the need for effective enforcement of child labour laws and underscored the role of CWCs and DCPUs in preventing the
exploitation of juveniles. It also highlighted the necessity of inter-departmental coordination to uphold child protection standards across India, ensuring that
children are safeguarded from labour and exploitation. This decision reinforced strict oversight and accountability for employers and provided clearer
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• In conclusion, the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, is crucial for upholding child rights and
promoting the welfare of vulnerable children in Chandigarh and across India. The Act provides a comprehensive legal framework that aligns
with international standards, emphasizing rehabilitation, protection, and justice tailored to the unique needs of children. Judicial
pronouncements have further refined the interpretation and enforcement of the Act, addressing gaps and reinforcing a child-centered approach.
• From the survey we can conclude that 62.5% of the respondents believe that the current juvenile age limit of under 18 is appropriate, indicating
broad support for existing law. Furthermore, almost 50% of the respondents believe that access to violent or inappropriate content online
significantly contributes to juvenile delinquency. Additionally, around 70% of the respondents believe that lack of education and peer pressure
plays a big role in juvenile crime and they also believe that there should be stricter laws regulating the use of smartphones and internet access
for juveniles. In addition to this, they also feel that there should stronger laws which could help in reducing crimes. However, around 92% of
the respondents considers that schools are important in teaching the consequences of crime to the kids. Additionally, around 50% of the
respondents believe that the authorities should focus on rehabilitation and education when dealing with juvenile crime. Nearly half of the
respondents support adult-level punishments, indicating a belief in full accountability for severe crimes. However, the survey shows mixed
views on parental accountability for juvenile offences with 43% uncertain and 30% support holding parents accountable, seeing them as partly
responsible for their children’s actions. Most of the respondents shows a preference for combining punishment with preventive measures.
Additionally, the majority lean towards forgiveness and personal growth over punitive measures for minors.
• However, for effective implementation, collaboration among government bodies, CWCs, JJBs, NGOs, and community stakeholders is essential
to ensure that no child is deprived of protection or access to justice. Continued training, resource allocation, and monitoring are also critical to
strengthen these systems and prevent instances of child abuse, exploitation, and neglect. By prioritizing the welfare, rehabilitation, and social
integration of children, Chandigarh can set an example in India’s ongoing commitment to building a society that protects and empowers every
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RECOMMENDATIONS
• To enhance the implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Chandigarh, the following actionable
recommendations are suggested. These address improvements in child protection, rehabilitation efforts, and overcoming systemic challenges:
Regular Training Programs: Implement mandatory, ongoing training for members of the Juvenile Justice Boards (JJBs), Child Welfare
Committees (CWCs), Special Juvenile Police Units (SJPUs), and District Child Protection Units (DCPUs). Training should cover child
psychology, trauma-informed care, rehabilitation techniques, and current JJ Act provisions.
Capacity Building for NGOs and Partners: Engage NGOs and child welfare organizations in training programs to enhance their capacity in
handling cases of children in conflict with the law and children in need of care and protection.
Enhanced Aftercare Programs: Develop structured aftercare programs focusing on life skills, vocational training, and employment
opportunities to support juveniles transitioning to adulthood. Partner with local businesses and vocational centers for job placements.
Individualized Care Plans: Introduce personalized rehabilitation plans for each child, which include counseling, education, and skill
development tailored to their interests and future goals.
Mental Health Support: Ensure that mental health services, including counseling and therapy, are consistently available within child care
institutions, with a focus on trauma recovery and emotional well-being.
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3. Ensuring Effective Monitoring and Compliance
Regular Inspections of Child Care Institutions (CCIs): Conduct regular, unannounced inspections of CCIs to ensure compliance with
standards related to child safety, health, and educational facilities. A third-party agency could be engaged to ensure impartial inspections.
Monitoring of Rehabilitation Progress: Establish a system for tracking the progress of rehabilitation efforts for children in JJBs and CCIs,
including education, skill training, and mental health support. Progress should be reviewed quarterly by CWCs.
Awareness Campaigns on Child Rights: Launch targeted awareness programs to educate the public on child rights and the JJ Act, particularly
focusing on vulnerable communities. Campaigns can be run through schools, community centers, and social media.
Community Involvement in Child Protection: Foster community involvement by establishing local committees or groups trained to identify
at-risk children, report cases of abuse or neglect, and support families in crisis.
Integrated Case Management System: Develop an online, centralized case management system accessible to JJBs, CWCs, and police to
facilitate information sharing, reduce delays, and improve tracking of juvenile cases from intake to aftercare.
Inter-Agency Coordination: Strengthen coordination between police, CWCs, and NGOs to streamline interventions, especially in cases
requiring immediate protection for the child. Monthly meetings between agencies can improve collaboration and case handling.
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6. Increasing Funding and Resources
Allocate Adequate Funding: Ensure consistent funding for child care institutions, CWCs, and rehabilitation programs. Advocate for
government grants and funds like the Nirbhaya Fund to be used for strengthening JJ Act infrastructure.
Resource Allocation for Legal Aid and Counseling: Increase resource allocation specifically for legal aid services for juveniles and
counseling programs. These services ensure children’s rights are protected and they receive adequate representation and support.
Fast-Track Juvenile Cases: Establish timelines for the processing of juvenile cases to prevent delays and reduce the time children spend
in detention awaiting resolution. Consider dedicated sessions for juvenile cases within district courts.
Strict Enforcement of Child Labor Laws: Coordinate with labor departments to conduct inspections and enforce penalties against
employers violating child labor laws, ensuring that children in hazardous work are rescued and provided with protection under the JJ Act.
Data Collection and Reporting: Create a mechanism for collecting and publishing annual reports on JJ Act implementation, including
data on case outcomes, rehabilitation success, and recidivism rates. This information can guide policy adjustments and resource allocation.
Periodic Surveys and Feedback Mechanisms: Conduct surveys with stakeholders, including juveniles and their families, to assess
satisfaction with the juvenile justice process, rehabilitation programs, and aftercare services.
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9. Developing Child-Friendly Infrastructure and Processes
Child-Friendly Police Stations and JJBs: Design child-friendly police stations and courtrooms with specialized
areas for juvenile cases to minimize the psychological impact on children during proceedings.
Use of Video Conferencing for Trials: Where feasible, employ video conferencing for juvenile trials to reduce
the trauma associated with attending court and provide easier access for juveniles in institutional care.
10. Increasing Focus on Preventive Measures
School and Community Counseling Programs: Implement school-based programs to identify and support at-
risk children early, providing counseling and family support before issues escalate.
Strengthen Family-Based Care Models: Encourage family-based care models, such as foster care, as
alternatives to institutionalization, which allow children to stay in a supportive family environment while
receiving necessary interventions.
By implementing these recommendations, Chandigarh can strengthen its juvenile justice framework, ensuring that
children in conflict with the law and those in need of protection receive effective support, protection, and
rehabilitation, ultimately contributing to a more equitable and child-friendly society.
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