Section 8 of the Juvenile Justice (Care and Protection of Children) Act, 2015
in India outlines the powers, functions, and responsibilities of the Child
Welfare Committee (CWC). The CWC is a body responsible for ensuring the care,
protection, and rehabilitation of children in need of care and protection.
Here's a detailed look at Section 8:
Section 8: Powers, Functions, and Responsibilities of the Child Welfare
Committee (CWC)
The key aspects of Section 8 include:
- Functions of the CWC:
- Take action for the care and protection of children brought before it.
- Ensure basic needs such as food, shelter, education, and medical care are met.
- Provide counselling and emotional support to children.
- Rehabilitation and Social Integration: CWC ensures proper rehabilitation of children, including placing them in foster care, adoption, or in a fit facility if required.
- Procedure for Handling Cases:
- The CWC has the authority to conduct an inquiry to determine whether a child is in need of care and protection.
- The committee can decide the placement of the child, such as sending them to a children's home, fit facility, or with a fit person for care and protection.
- Decision-Making Powers:
- The CWC has the power to make decisions related to the care, protection, and rehabilitation of children, including recommending legal action if necessary.
- The CWC can also pass orders related to the child's temporary or permanent rehabilitation, including restoring the child to family or other care settings.
- Cooperation with Other Authorities:
- The CWC works closely with the Juvenile Justice Board (JJB) and other authorities to ensure children receive appropriate care.
- The CWC can direct authorities, NGOs, and other stakeholders to take necessary actions for the welfare of the child.
- Monitoring and Review:
- The CWC periodically reviews the conditions of children placed under its care.
- It monitors the rehabilitation process to ensure that children are reintegrated into society effectively.
Key Points:
- The CWC operates as a bench of magistrates and has judicial powers concerning children in need of care and protection.
- The CWC's decisions are binding, and it acts as the final authority in deciding the future course for the child, ensuring their welfare.
The CWC plays a crucial role in protecting children, particularly those
abandoned, orphaned, or neglected, and making decisions that serve their best
interests.
Written By:
Jasdip Kaur Advocate is registered Research Scholar law (Ph.D) at Amity
University is currently she working as senior legal consultant for big 4 MNC ,
she had worked as legal aid counsel at juvenile justice board appointed by Delhi
legal aid services authorities.
She has worked as Law officer Women and Child Dept Govt of Delhi NCT Ex panel
lawyer govt of Delhi NCT.
She did her schooling from Ghps Vasant Vihar, New Delhi, Graduated in BA English
Hons from Mata Sundri college of Women University of Delhi (regular) She did her
LLM ( USLLS IP university Delhi Dwarka) Regular.
Email:
[email protected]
Please Drop Your Comments