Establishment of Various Homes under the Juvenile Justice Act

1. Statutory Provision
   The Juvenile Justice (Care and Protection of Children) Act, 2015 is the legislation established for juvenile justice in India. It consolidates and amends the law relating to children in conflict with law and children in need of care and protection.
2. This Act deals with two categories of children, namely children in need of care and protection and children in conflict with the law.
3. Section 2(12) defines the term “Child” – A child means a person who has not completed eighteen years of age.
4. Section 2(13) defines “Child in conflict with law” – It means a child who is alleged or found to have committed an offence and has not completed eighteen years of age on the date of commission of such offence.
5. This Act provides for the establishment of different kinds of child care institutions such as:
   1. Children’s Home
   2. Observation Home
   3. Special Home
   4. Open Shelter (Shelter Home)
6. Children’s Home – Section 2(19) read with Section 50
   “Children’s Home” means an institution established or maintained by the State Government or voluntary organisation for the care, protection, treatment, education and rehabilitation of children in need of care and protection.
7. Observation Home – Section 2(40) read with Section 47
   “Observation Home” means a home established for the temporary reception of any child alleged to be in conflict with law during the pendency of inquiry.
8. Special Home – Section 2(56) read with Section 48
   “Special Home” means an institution established for the rehabilitation of children in conflict with law who are found to have committed an offence.
9. Open Shelter (Shelter Home) – Section 2(41) read with Section 43
   “Open Shelter” means a facility established for children in need of care and protection, providing temporary support such as food, shelter, counselling and other services.
10. These institutions play a vital role in ensuring care, protection, rehabilitation and social reintegration of children in accordance with the principle of best interest of the child.
11. Note
    The earlier Juvenile Justice Act, 2000 has been repealed and replaced by the Juvenile Justice (Care and Protection of Children) Act, 2015.

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