JJ Act and rules

The national Policy for Youth, 2014 recognizes the need for government policies to be inclusive and to ensure that the youth population in the country do not suffer from stigma or discrimination. The NPC mentioned about prioritizing interventions for youth-at-risk providing “support and create equitable opportunity for all disadvantaged and marginalised youth” with priority areas including education, health, sports, promotion of social values, participation in politics and governance, Employment, Skill development and many more.10 The National Skill Development Policy, 2015 envisioned to create an ecosystem of empowerment by skilling on a large Scale at Speed with high Standards and to promote a culture of innovation based entrepreneurship, which can generate wealth and employment to ensure Sustainable livelihoods. The core objective of the Policy is to empower the individual, by enabling her/ him to realize their full potential through a process of lifelong learning, where competencies are accumulated via instruments such as credible certifications, credit accumulation and transfer, etc. The policy recognizes the vulnerabilities of young people and focus on an outcome-based approach towards quality skilling by providing seamless integration of skill training with formal education.

Despite state and national government commitment to better support young people leaving care, the After Care program, which is the key pillar in the delivery of rehabilitative services for adolescents and young adults out of home care, is a neglected and largely unaddressed program in India from the part of Government. Legislation recognizes the need for After Care services for institutionalized children to help them “to lead an honest, industrious and useful life”. The existing legal framework also recognizes that the transition period is an additional three years of support and services to young people reaching the age of majority.

The legal foundation of the Child Protection mandate in India is the Juvenile Justice Act which first came

10 National Youth Policy, 2014, pg no- 23 into force in 1986. The combination of a growing focus on the issue of juvenile justice as well as the pressure faced by the government to submit a Country Report to the Committee on the Rights of the Child outlining concrete achievements, apparently inspired the Ministry for Social Justice and Empowerment to draft a new law, the final outcome of which was the Juvenile Justice (Care and Protection of Children) Act, 2000 that made the age limit of 18 years uniform for both boys and girls in consonance with the CRC and sought to facilitate speedy disposal of disputes. This Act was seen to be weak on care jurisdiction and inadequate in after care and follow-up of the children in difficult circumstances, hence amended in 2006 as Juvenile Justice (Care and Protection of Children) Amendment Act 2006 bringing under the Ministry of Women and Child Development (MWCD). The Act has got amended once again as Juvenile Justice (Care and Protection of Children) Amendment Act 2015 with some notable changes in clauses. The JJ Act, 2015, which came into force on 1st January 2016, clearly articulates the objective of Aftercare as being a service ‘to facilitate child’s re-integration into the mainstream of the society’ (JJ Act, 2015, Section 46). Aftercare is defined under Section 2(5), JJ Act, 2015, as “making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society”. Section 46 states that any child leaving a CCI on completion of eighteen years may be provided with financial support in order to facilitate child’s re-integration into the mainstream of the society in the manner as may be prescribed. The State Governments, by rules made under the Juvenile Justice Act, provide for i) the establishment or recognition of After Care organizations and its functions, ii) a scheme of After Care programme for the purpose of taking care of juveniles or the children after they leave special homes, children homes, on reaching 18 and for the purpose of enabling them to lead an honest, industrious and useful life.

Rule 25 (1)(2): Aftercare of Children Leaving Institutional Care: State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age;

Rule 25(3): The District Child Protection Unit shall prepare and maintain a list of organisations, institutions and individuals interested in providing after care as per their area of interest such as education, medical support, nutrition, vocational training etc;

Rule 25(5): CWC will examine the effectiveness of the aftercare programme, particularly whether it is being utilized for the purpose for which it has been granted;

Rule (6): Children who are placed in aftercare programme, shall be provided funds by the State Government for their essential expenses;

Rule 39(4)(xii): The Management Committees of each CCI must be planning post-release or post-restoration rehabilitation programme and follow up for a period of two years in collaboration with after care services;

Rule 83(4)(vi)(vii): The Juvenile Justice Fund may be utilised by the State Government for providing after care facilities and entrepreneurship fund for providing capital and infrastructure to persons who have crossed the age of eighteen within institutionalized care, for starting up small businesses to support reintegration into mainstream life; providing support for after care;

Rule 84(1)(v): SCPS to develop programmes for Aftercare;

Rule 84(1)(x): SCPS to maintain database of Aftercare organisations;

Rule 85(1)(xviii): The District Child Protection Unit shall facilitate the implementation of after care; maintain a database of after care organisations and institutions etc. at the district level;

Rule 85(1)(x): DCPU to implement Aftercare programme as per CWC order and SCPS plan.

Rule 17(vii)(j): CWC must maintain the following records in a register: children placed in aftercare. Rule 38(1)(2): State govt to set up after care program for children after they leave CCIs and the program may be made available by the District or State Child Protection Units in collaboration with voluntary organizations for 18-21 years old persons who have been pursuing education or vocational training in the institutions and have no place to go to or are unable to support themselves. Rule 68(3): The whole-time staff in a after care organization must consist of Case Workers.

Rule 71: Certification or recognition and transfer of Management of after care organizations: The State Government shall, after verifying the provisions made in the organization for the boarding and lodging, general health, educational facilities, vocational training and treatment services may grant certification or recognition for a maximum period of 3 years at a time Rule 81(e): The District Child Protection Unit shall coordinate and implement after care programs in the districts as per CWC order and SCPS plan Form 19 under Rule 38(3): Order of Aftercare Placement: Provide all possible opportunities for her/ his rehabilitation and reintegration in its truest sense.

Rule 24 (1)(2)(3)(4)(5)(6)(7)(8)(9): Aftercare organizations: State Government shall set up an aftercare programme for care of juveniles or Children after they leave Special homes / Children’s homes; Aftercare programmes shall be made available for 18-21 year old persons; the programme will include, Community group housing on a temporary basis for groups of young persons aged 18-21 years, Encouragement to learn a vocation or gain employment and contribute towards the rent as well as the running of the home, Encouragement to gradually sustain themselves without state support and move out of the group home to stay in a place of their own after saving sufficient amount through their earnings, Provision for a peer counsellor; Stipend till youths get employment; Loans for youths aspiring entrepreneurial activities. Rule 57: The Superintendent of Home shall maintain Register of aftercare supervision

Rule 72: Certification or recognition and transfer of Management of Institutions and after care organization

Rule 83(2) (e): The District Child Protection Unit shall implement aftercare as per CWC order

Rule 40 (1)(2)(3)(4)(5)(6)(7)(8)(9): Aftercare organizations: State Government shall set up an aftercare programme for care of juveniles or Children after they leave

Special homes / Children’s homes; Aftercare programmes shall be made available for 18-21 years old persons; the programme will include, Community group housing on a temporary basis for groups of young persons aged 18-21 years, encouragement to learn a vocation or gain employment and contribute towards the rent as well as the running of the home, encouragement to gradually sustain themselves without state support and move out of the group home to stay in a place of their own after saving sufficient amount through their earnings, provision for a peer counsellor; Stipend till youths get employment; Loans for youths aspiring entrepreneurial activities. Rule 41(4): To promote the rehabilitation and economic independence of youth in the Aftercare programme the State Government shall develop effective networking and linkages with local voluntary organizations for specialized services and technical assistance like vocational training, education, health care, nutrition, mental health intervention, drug de-addition and legal aid services Rule 70(3): The whole-time staff in a aftercare organization must consist of Case Workers

Rule 70: Certification or recognition and transfer of Management of Institutions and aftercare organizations.

Rule 81(e): The District Child Protection Unit shall coordinate and implement after care programs in the districts as per CWC order and SCPS plan

Rule 25 (1)(2) : Aftercare of Children Leaving Institutional Care: State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age; Rule 25(3): The District Child Protection Unit shall prepare and maintain a list of organisations, institutions