The Institutions

Sub-section (2). Where the State Government thinks any other registered institution fit for the temporary reception of such a child, it may register that institution as an observation home.

Sub-section (3). The State Government may make rules for management and monitoring, including standards and services for rehabilitation and social integration, and the circumstances and manner of granting or withdrawing registration.

Sub-section (4), segregation. Every child alleged to be in conflict with law who is not placed under the charge of a parent or guardian and is sent to an observation home shall be segregated according to age and gender, after giving due consideration to the physical and mental status of the child and the degree of the offence committed.

Section 48: special homes

Sub-section (1). The State Government may establish and maintain, itself or through voluntary or non-governmental organisations, special homes, registered as prescribed, in every district or group of districts as may be required, for the rehabilitation of those children in conflict with law who are found to have committed an offence and who are placed there by an order of the Board under section 18.

Sub-section (2). Rules may provide for management and monitoring, the standards and services necessary for social re-integration, and the grant or withdrawal of registration.

Sub-section (3). Those rules may also provide for segregation and separation of children on the basis of age, gender, the nature of the offence committed, and the child's mental and physical status.

Note the difference in the opening verbs. For an observation home the State Government shall establish in every district; for a special home it may, in every district or group of districts as may be required.

Section 49: place of safety

Sub-section (1). The State Government shall set up at least one place of safety in a State, registered under section 41, so as to place:

• a person above the age of eighteen years; or
• a child in conflict with law who is between the age of sixteen to eighteen years and is accused of or convicted for committing a heinous offence.

Sub-section (2). Every place of safety shall have separate arrangements and facilities for the stay of such children or persons during the process of inquiry, and those convicted of committing an offence.

Sub-section (3). Rules may prescribe the types of places that can be designated as a place of safety and the facilities and services to be provided.

Section 49 is where the section 15 and 19 machinery lands. The place of safety is where a child transferred to the Children's Court is kept till he is twenty-one, section 19(3), and where a person over eighteen under section 6 is kept during the inquiry.

Section 50: Children's Home

Sub-section (1). The State Government may establish and maintain in every district or group of districts, itself or through voluntary or non-governmental organisations, Children's Homes, registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation.

Sub-section (2). The State Government shall designate any Children's Home as a home fit for children with special needs delivering specialised services, depending on requirement.

Sub-section (3). Rules may provide for monitoring and management, including standards and the nature of services, based on individual care plans for each child.

Sections 51 and 52: fit facility and fit person

Section 51(1). The Board or the Committee shall recognise a facility run by a Governmental organisation, or by a voluntary or non-governmental organisation registered under any law, to be fit to temporarily take the responsibility of a child for a specific purpose, after due inquiry regarding the suitability of the facility and the organisation to take care of the child.

Sub-section (2). The Board or Committee may withdraw the recognition for reasons to be recorded in writing.

Section 52(1). The Board or the Committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment for a specified period, in the prescribed manner.

Sub-section (2). The recognition may be withdrawn for reasons to be recorded in writing.

Three features are common to both and are worth stating: the recognition is by the Board or the Committee, it is temporary and for a specific purpose or period, and it may be withdrawn only for reasons recorded in writing.

Section 53: the services every institution must provide

Sub-section (1). The services provided by institutions registered under the Act in the process of rehabilitation and re-integration shall be in such manner as may be prescribed, which may include:

(i) basic requirements such as food, shelter, clothing and medical attention as per prescribed standards; (ii) equipment such as wheelchairs, prosthetic devices, hearing aids, braille kits or any other suitable aids and appliances required for children with special needs; (iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs. Proviso: for children between six and fourteen years, the Right of Children to Free and Compulsory Education Act, 2009 applies; (iv) skill development; (v) occupational therapy and life skill education; (vi) mental health interventions, including counselling specific to the need of the child; (vii) recreational activities including sports and cultural activities; (viii) legal aid where required; (ix) referral services for education, vocational training, de-addiction, and treatment of diseases where required; (x) case management, including preparation and follow up of the individual care plan; (xi) birth registration; (xii) assistance for obtaining proof of identity, where required; and (xiii) any other service reasonably required to ensure the well-being of the child, provided directly by the State Government, by registered or fit individuals or institutions, or through referral services.

Sub-section (2). Every institution shall have a Management Committee, set up as prescribed, to manage the institution and monitor the progress of every child.

Sub-section (3). The officer in charge of every institution housing children above six years of age shall facilitate the setting up of children's committees for participating in prescribed activities for the safety and well-being of children in the institution.

Clauses (xi) and (xii) are easy to skip and are worth a line. A child without a birth certificate or proof of identity cannot get admission to a school, a bank account or a job, so registering his birth and obtaining his identity documents is treated as a rehabilitation service.

Sections 54 and 55: inspection and evaluation

Section 54(1). The State Government shall appoint inspection committees for the State and the district for all institutions registered or recognised to be fit under the Act, for such period and purposes as prescribed.

Sub-section (2), the inspection rule. Such committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months, in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer, and submit reports of their findings within a week of the visit to the District Magistrate for further action.

Sub-section (3). On such submission, appropriate action shall be taken within a month by the District Magistrate, and a compliance report shall be submitted to the State Government.

In sub-sections (2) and (3), "District Magistrate" was substituted for "District Child Protection Unit or State Government" by Act 23 of 2021 with effect from 1 September 2022, which is the same shift of oversight to the District Magistrate seen in sections 27 and 36.

Section 55(1). The Central Government, the State Government, or the District Magistrate may independently evaluate the functioning of the Board, the Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such periods and through such persons or institutions as prescribed.

Sub-section (2). Where both Governments conduct such an evaluation, the evaluation made by the Central Government shall prevail.

A worked example

A boy of fourteen is apprehended, not released on bail, and his inquiry begins.

Where does he go? An observation home, section 47(1), for temporary reception, care and rehabilitation during the pendency of the inquiry.

How is he housed there? Segregated according to age and gender, after due consideration of his physical and mental status and the degree of the offence, section 47(4).

The inquiry ends and the Board finds he committed the offence, ordering a special home under section 18(1)(g). He moves to a special home, section 48(1), which exists for children found to have committed an offence and placed there by an order of the Board under section 18.

Change the facts: he was seventeen and the offence heinous, and the Board transferred the case. Then he goes to a place of safety, section 49(1), which is for a person above eighteen or a child between sixteen and eighteen accused of or convicted for a heinous offence; and the place of safety must have separate arrangements for those under inquiry and those convicted, sub-section (2).

Change the facts entirely: a girl of ten found begging. She is a child in need of care and protection and goes to a Children's Home, section 50(1), for care, treatment, education, training, development and rehabilitation. If she has special needs, the State Government designates a Children's Home fit for children with special needs, sub-section (2).

The Committee wants to place her temporarily with a charitable organisation instead. It may recognise a fit facility after due inquiry into the suitability of the facility and the organisation, section 51; or a fit person after due verification of credentials, section 52. Either recognition may be withdrawn for reasons recorded in writing.

What must the institution give her? The section 53 list: food, shelter, clothing and medical attention; aids and appliances if she needs them; education, and being between six and fourteen, the Right of Children to Free and Compulsory Education Act, 2009 applies to her; skill development, occupational therapy and life skill education, mental health interventions, recreation, legal aid, referral services, case management on her individual care plan, birth registration and proof of identity.

Who runs it, and who speaks for the children? A Management Committee, section 53(2); and the officer in charge facilitates children's committees in institutions housing children above six, sub-section (3).

Who checks on it? An inspection committee, visiting at least once in three months, three or more members including a woman and a medical officer, reporting within a week to the District Magistrate, who must act within a month and send a compliance report to the State Government, section 54.

And who evaluates the system? The Central Government, the State Government or the District Magistrate, independently; and where both Governments evaluate, the Central Government's evaluation prevails, section 55.

Distinctions

What this does NOT mean

An observation home is not a special home. One holds children alleged; the other children found to have committed an offence.

A place of safety is not a jail. Section 2(46) excludes a police lockup or jail, and section 49(2) requires separate arrangements within it.

A fit person is not a guardian. Recognition is temporary, for a specified period, and withdrawable for reasons recorded in writing.

Section 53 is not a wish list. It is the standard against which registration may be cancelled or withheld under section 41(7).

And inspection is not occasional. Section 54(2) says mandatorily, at least once in three months, by a team including a woman and a medical officer.

Quick revision

• 47: observation homes in every district or group, registered under s.41, for a child alleged to be in conflict with law during the inquiry; other registered institutions may be registered as observation homes; segregation by age and gender, considering physical and mental status and the degree of the offence.
• 48: special homes as required, for children found to have committed an offence and placed there by an order under s.18; rules on segregation by age, gender, nature of offence, and mental and physical status.
• 49: at least one place of safety in a State, for a person above eighteen or a child sixteen to eighteen accused of or convicted for a heinous offence; separate arrangements for inquiry and for conviction.
• 50: Children's Homes for children in need of care and protection, with special needs homes designated and management based on individual care plans.
• 51 and 52: the Board or Committee recognises a fit facility after due inquiry and a fit person after verification of credentials, temporarily and for a specific purpose or period, withdrawable for reasons in writing.
• 53: thirteen services, including food, shelter, clothing, medical attention, aids for special needs, education with the RTE Act for six to fourteen, skill development, occupational therapy and life skills, mental health interventions, recreation, legal aid, referrals, case management, birth registration and proof of identity; a Management Committee; children's committees where children are above six.
• 54 and 55: inspection committees for the State and district, visiting at least once in three months, three or more members including a woman and a medical officer, reporting in a week to the District Magistrate, who acts within a month with a compliance report to the State Government; independent evaluation by the Centre, the State or the District Magistrate, the Central Government's prevailing.

Test yourself

1. What is the difference between an observation home and a special home? An observation home is for the temporary reception, care and rehabilitation of a child alleged to be in conflict with law during the pendency of an inquiry, section 47; a special home is for the rehabilitation of children found to have committed an offence and placed there by an order of the Board under section 18, section 48.

2. Who is kept in a place of safety? A person above the age of eighteen years, or a child in conflict with law between sixteen and eighteen who is accused of or convicted for committing a heinous offence, section 49(1); and there must be separate arrangements for those under inquiry and those convicted.

3. How many places of safety must a State have? At least one in the State, section 49(1).

4. Who recognises a fit person, and for how long? The Board or the Committee, after due verification of credentials, to temporarily receive a child for care, protection and treatment for a specified period; the recognition may be withdrawn for reasons recorded in writing, section 52.

5. Name five services an institution must provide. Food, shelter, clothing and medical attention; aids and appliances for children with special needs; appropriate education; skill development; and mental health interventions including counselling, section 53(1).

6. How often are institutions inspected, and by whom? At least once in three months, by an inspection committee of not less than three members, of whom at least one shall be a woman and one a medical officer, section 54(2).

7. Whose evaluation prevails if both Governments evaluate? The evaluation made by the Central Government, section 55(2).