Mandatory Reporting and Surrender

In one line

Anyone who finds or takes charge of a child who appears abandoned, lost or orphaned must report within twenty four hours, failing which he commits an offence punishable with six months or ten thousand rupees, a surrendering parent gets two months to reconsider, and the Committee's inquiry runs to four months under a District Magistrate who can have the Committee dissolved.

In the wording a student can write in an exam: section 32(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 requires any individual, police officer, functionary of any organisation, nursing home, hospital or maternity home who finds and takes charge of, or is handed over, a child who appears or claims to be abandoned or lost, or an orphan without family support, to give information within twenty four hours excluding journey time to the Childline Services or the nearest police station or a Child Welfare Committee or the District Child Protection Unit.

Sections 32 to 34, mandatory reporting

Section 32(1), the duty. It falls on any individual, a police officer, any functionary of any organisation, or a nursing home, hospital or maternity home, who finds and takes charge, or is handed over, a child who appears or claims to be abandoned or lost, or who appears or claims to be an orphan without family support.

What must be done. Within twenty four hours, excluding the time necessary for the journey, give information to the Childline Services, or the nearest police station, or a Child Welfare Committee, or the District Child Protection Unit.

Section 32(2), the portal. The information shall be uploaded by the Committee, the District Child Protection Unit or the child care institution on a portal specified by the Central Government. Inserted with effect from 1 September 2022.

Section 33, the offence. If the information is not given within the period specified, that act shall be regarded as an offence.

Section 34, the penalty. Imprisonment up to six months, or a fine of ten thousand rupees, or both.

Four points about this scheme.

One, the duty is on anybody. "Any individual" is the first person named.

Two, appearance is enough. The child need only appear to be abandoned, lost or an orphan.

Three, four destinations are given. Childline Services, the police station, a Committee or the District Child Protection Unit, so nobody can plead that he did not know where to report.

Four, the offence needs no intention. Section 33 makes the omission itself an offence, and section 34 supplies the punishment.

Section 35, surrender

Sub-section (1). A parent or guardian who, for physical, emotional and social factors beyond their control, wishes to surrender a child shall produce the child before the Committee.