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Juvenile Justice (Care and Protection of Children) Amendment Act,2011

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2011

NO. 12 OF 2011

[7th September, 2011.]

An Act further to amend the Juvenile Justice (Care and Protection of Children) Act, 2000.

BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:

1. Short title and commencement.-

(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Amendment Act, 2011.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 48.-In the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) (hereinafter referred to as the principal Act), in section 48, sub-section (2) shall be omitted.

3. Substitution of new section for section 58.-For section 58 of the principal Act, the following section shall be substituted, namely: 

58. (1) Where it appears to the competent authority that any juvenile or child kept in a special home or an observation home or a children s home or a shelter home or in an institution in pursuance of this Act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, the competent authority may order his removal to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Act, 1987 (14 of 1987) or the rules made thereunder.

(2) In case the juvenile or child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the competent authority may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such juvenile or child to an Integrated Rehabilitation Centre for Addicts or similar centres maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and such removal shall be only for the period required for the in-patient treatment of such juvenile or child.

Explanation. For the purposes of this sub-section, (a) "Integrated Rehabilitation Centre for Addicts" shall have the meaning assigned to it under the scheme called "Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services" made by the Government of India in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force;(b) "mentally ill person" shall have the meaning assigned to it in clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987);(c) "psychiatric hospital" or "psychiatric nursing home" shall have the meaning assigned to it in clause (q) of section 2 of the Mental Health Act, 1987 (14 of 1987).'.   

  V.K. BHASIN,Secy. to the Govt. of India.

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  1. I wish you would change this to: Why Providing ENABLING Educations to Inmates is Essential. Odds are pertty good they got there via the school-to-jail pipeline and may/probably have hidden LDs that will not be supported through the system. GEDs, an alternative to a diploma, is a test that measures knowledge and skills. In our case, knowledge/IQ is high ..skills have not been taught. Where are those with dyslexia, disgraphia, discalculia, lang. processing disorders, ADHD (as an LD)? If schools can get rid of these pupils their stats don’t fall if the justice system mandates the GED, it’s not a blemish on the school district. Think about it; they are being allowed to save the money needed to provide LD students with the tools to navigate everyday life (be on time, TELL time, pay a bill, read to their children.) Intelligence is not a factor. Henry Winkler cannot read: he was third from the bottom of his class. He’s an actor, producer, writer, spokesperson for Smart Kids With Learning Disabilities He was identified (although late) and able to obtain the needed support to move forward. There’s no way around it. DON’T ASSUME THE INMATES DON’T WANT AN EDUCATION, DON’T PRESUME TO KNOW WHAT’S BEST. Get independent evaluations and provide what should have been provided via public education. Maybe curriculum casualties is something to use, besides inmates. They were inmates while in school too.

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