Executive Summary:
The Ministry of Women and Child Development addresses questions regarding amendments to the Juvenile Justice Act, challans and convictions under existing laws, gaps in coordination between child welfare entities, and measures to prevent retrafficking and re-employment of rescued children. The Juvenile Justice Care and Protection of Children Act, 2015 (as amended in 2021) is the primary legislation for children in need of care and protection and children in conflict with the law. Further amendments to the JJ Act are not under consideration.
Key Points / Main Content:
Legislative Framework:
* The Juvenile Justice Care and Protection of Children Act, 2015 (amended 2021) addresses the needs, care, protection, development, treatment, rehabilitation, and social reintegration of children in need of care and protection (CNCP) and children in conflict with the law (CCL).
* The Act establishes statutory bodies at the State and District levels, including State Child Protection Societies, Child Welfare Committees, Juvenile Justice Boards (JJBs), and District Child Protection Units, and provides for Child Care Institutions.
* Children found working against the law or labor regulations, begging, or living on the street and deemed vulnerable are considered children in need of care and protection, according to the Act.
Prevention of Child Labor:
* The Child and Adolescent Labour Prohibition Regulation Act, 1986 prohibits work for children under 14 in any occupation and for adolescents (14-18) in hazardous occupations, with stricter penalties for employers.
Advisories and Coordination:
* The Ministry of Home Affairs (MHA) issued advisories in 2022 and 2024 to State Governments/UTs regarding Child Welfare Police Officers, Special Juvenile Police Units, and proactive steps to eliminate child labor, including FIR registration and improved coordination among law enforcement, NGOs, Anti-Human Trafficking Units, District Child Protection Units, Railway Protection Force, and Labour factories.
* MHA also emphasized sensitizing law enforcement through training on the severity of child labor.
Trafficking and Exploitation:
* Sections 143, 144, 95 & 99 of the Bharatiya Nyaya Sanhita (BNS), 2023 define trafficking, exploitation, and related offenses with severe punishments, especially for trafficking multiple persons or children.
* The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 recognizes trafficking as a cognizable and non-bailable offense.
Government Schemes:
* Mission Vatsalya, a centrally sponsored scheme, provides institutional and non-institutional care services for children in difficult circumstances through State/UT Governments.
* Child Care Institutions (CCIs) under Mission Vatsalya offer education, vocational training, recreation, healthcare, and counseling. Non-institutional support includes sponsorship, foster care, and aftercare.
Implementation and Monitoring:
* The Ministry of Women and Child Development regularly monitors the implementation of the JJ Act and Rules by State/UT Governments.
* "Police" and "Public Order" are State subjects, making States/UTs primarily responsible for preventing and countering human trafficking.
Data Collection:
* The National Crime Records Bureau (NCRB) compiles and publishes crime data in its "Crime in India" publication. The latest report is for 2022.
Impact Analysis:
State Governments/UT Administrations:
* Impact: Responsible for preventing and countering human trafficking, implementing advisories related to child welfare and law enforcement, and ensuring the effective operation of statutory bodies and schemes under the JJ Act and Mission Vatsalya.
* Action Required: Appoint Child Welfare Police Officers and Special Juvenile Police Units, take proactive steps to eliminate child labor, improve coordination among stakeholders, and implement processes and procedures mandated under the JJ Act and Rules.
Employers:
* Impact: Subject to stricter punishments for violating the Child and Adolescent Labour Prohibition Regulation Act, 1986.
* Action Required: Ensure compliance with child labor laws by not employing children below 14 years in any occupation or adolescents (14-18) in hazardous occupations.
Law Enforcement Agencies (Police, Anti-Human Trafficking Units, Railway Protection Force):
* Impact: Play a critical role in dealing with crime against children, particularly in preventing and countering human trafficking and child labor.
* Action Required: Register FIRs, improve coordination with other stakeholders, and undergo sensitization training on the gravity of child labor.
Child Welfare Committees and Juvenile Justice Boards:
* Impact: Responsible for ensuring the safety, security, dignity, and wellbeing of children in need of care and protection and children in conflict with the law.
* Action Required: Strengthen coordination with police and judiciary to address gaps and ensure rescued children are not retrafficked or re-employed.
National Crime Records Bureau (NCRB):
* Impact: Responsible for compiling and publishing crime data, including information on crimes against children.
* Action Required: Continue to collect and disseminate accurate and timely data on crime, including human trafficking and child labor, to inform policy and practice.
Ministry of Women and Child Development:
* Impact: Oversees the implementation of the JJ Act and Mission Vatsalya, and is responsible for monitoring and supporting State/UT Governments in their efforts to protect children.
* Action Required: Continue to follow up with State/UT Governments to ensure effective implementation of the processes and procedures mandated under the JJ Act and Rules.
Key Entities Referenced
Juvenile Justice Care and Protection of Children Act, 2015: The primary legislation in India for ensuring the safety, security, dignity, and wellbeing of Children in Need of Care and Protection (CNCP) as well as Children in Conflict with Law (CCL).
Child and Adolescent Labour Prohibition Regulation Act, 1986: An act that prohibits the employment of children below 14 years of age in any occupation or process and prohibits adolescents in the age group of 14 to 18 years in hazardous occupations and processes.
Ministry of Women and Child Development: The Indian government ministry responsible for policies and programs related to women and child development.
Mission Vatsalya: A centrally sponsored scheme implemented by the Ministry of Women and Child Development through State/UT Governments to deliver various services for children in difficult circumstances.
National Crime Records Bureau: An Indian government agency responsible for collecting and analyzing crime data.
Bharatiya Nyaya Sanhita: Replaced the Indian Penal Code (IPC). Section 143 of BNS defines trafficking.
State Child Protection Society: Statutory structure at the State levels for Child Protection.
District Child Protection Units: Statutory structure at the District levels for Child Protection.
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO. 2075
TO BE ANSWERED ON 01.08.2025
JUVENILE JUSTICE ACT
2075. SHRI HANUMAN BENIWAL:
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:
(a) whether the Government is considering amendments to Juvenile Justice Act/other laws to
mandate stricter action against employers of child labour, if so, the details thereof;
(b) the number of challans issued and convictions achieved under existing laws in 2024-25;
(c) whether the Government has identified any gaps in coordination among child welfare
committees, police and judiciary; and
(d) if so, the details thereof and the measures being taken to ensure that rescued children are not
re-trafficked/employed?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI SAVITRI THAKUR)
(a) to (d): The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015), as
amended in 2021 is the primary legislation for ensuring safety, security, dignity and well-being of
Children in Need of Care and Protection (CNCP) as well as Children in Conflict with Law (CCL).
It caters to their basic needs, care, protection, development, treatment, rehabilitation and social re-
integration. The Act creates statutory structures at the State and District levels which include State
Child Protection Society, Child Welfare Committees, Juvenile Justice Boards(JJBs), District Child
Protection Units. It also provides for establishment of Child Care Institutions. The JJ Act was
amended last in 2021 and further amendments are not under consideration at present.
As per Section 2 (14) (ii) and (ix) of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ
Act) as amended in 2021, a child who is found working in contravention of the provisions of this act
or labour laws for the time being in force or is found begging, or living on the street and who is found
vulnerable is included as a “child in need of care and protection”, among others.
The Government of India has taken several steps to prevent child labour including enactment of
the Child and Adolescent Labour (Prohibition & Regulation) Act, 1986. The Act inter-alia covers
complete prohibition of work or employment of children below 14 years of age in any occupation
or process and prohibition of adolescents in the age group of 14 to 18 years in hazardousoccupations and processes. It also provides for stricter punishment for employers for violation of
the Act and made the offence as cognizable.
Ministry of Home Affairs has issued an advisory dated 17.10.2022 to State Governments/UT
Administrations regarding appointment of Child Welfare Police Officers and Special Juvenile Police
Units under the Juvenile Justice (Care and Protection) Act, 2015 as these play a critical role in dealing
with crime against children. Further, MHA has also issued another advisory dated 30.04.2024 to all
State Governments/UT Administration to take pro-active steps to eliminate child labour including
registration of FIRs, ensuring better coordination between law enforcement agencies and other
stakeholders like NGOs; Anti-Human Trafficking Units; District Child Protection Units; Railway
Protection Force; Labour factories etc., sensitizing the law enforcement agencies about gravity of
child labour by way of training/workshops/seminars etc.
Section 143 of BNS defines trafficking as recruiting, transporting, harbouring, transferring, or
receiving a person for exploitation using various coercive means. The section outlines severe
punishments for trafficking, with higher penalties for trafficking multiple persons or children.
Further, Section 144 of BNS, 2023, deals with the exploitation of trafficked persons, including sexual
exploitation. The section outlines different punishments for exploiting trafficked children and adults,
with distinct terms of imprisonment and fines. Section 95 of BNS related to hiring, employing or
engaging a child etc.to commit an offence, Section 99 of BNS related to buying a child for the
purposes of prostitution are also relevant in the context of human trafficking. Additionally, the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 also recognizes trafficking as a cognizable and
non-bailable offence.
Further, Ministry of Women and Child Development is implementing Centrally Sponsored Scheme
namely Mission Vatsalya through the State/ UT Governments on pre-defined cost sharing basis
between the Centre and the State Governments to deliver various services for children in difficult
circumstances, which include both institutional and non-institutional care services. The Child Care
Institutions (CCls) established under the Mission Vatsalya scheme support, inter-alia, age-
appropriate education, access to vocational training, recreation, health care, counselling etc. Support
under non-institutional care is provided by way of sponsorship, foster care and after care to children
in need of care and protection.
Also, the Ministry of Women and Child Development regularly follows up with the State/ UT
Governments so as to ensure better implementation of the processes and procedures mandated
under the JJ Act and Rules.
Further, 'Police' and 'Public Order' are the "State” subjects under the Seventh Schedule to the
Constitution of India. The responsibility for preventing and countering the crime of human
trafficking, therefore, primarily vests with respective States/ Union Territories, who are competent
to deal with such offences under extant provisions of law.
National Crime Records Bureau (NCRB) compiles and publishes information on crime in its
publication "Crime in India". The latest published report pertains to the year 2022.
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