Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice (Care and Protection of Children) Act 2015: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Juvenile Justice (Care and Protection of Children) Act, 2015: B s.2(14) - Children in need of care and protection - Who is a child in need of care and protection - The provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) do not provide any definition of a child in need of care and protection - A child victim of sexual abuse or sexual assault or sexual harassment is a child in need of care and protection - Similarly, a child accused of an offence and brought before the Juvenile Justice Board or any other authority might also be a child in need of care and protection - Although a child in need of care and protection is defined in. s.2(14) of the JJ Act, 2015, the definition does not specifically include some categories of children - Consequently, since the JJ Act is intended for the benefit of children and is intended to protect E and foster their rights, the definition of a child in need of care and protection has to be given a broad interpretation - It must also include victims of sexual abuse or sexual assault or sexual harassment under the POCSO Act as also victims of child trafficking - Such children must also be given protection under the provisions of the JJ Act being victims of crime under the POCSO Act an(i the Immoral Traffic (Prevention) Act, 1956 - Commissions for Protection of Child Rights Act, 2005 - Right of Children to Free and Compulsory Education Act, 2009 - Protection of Children from Sexual Offences Act, 2012 - Immoral Traffic (Prevention) Act, 1956 - Child abuse - Trafficking of children. s.41 - Child care institµtions - Shelter Homes - Children in need of care and protection are given shelter in homes thm are managed by the State Government or by NGOs or by voluntary organizations - s.41 of the JJ Act which mandates, notwithstanding |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 450 |
Petitioner | Re: Exploitation Of Children Ln Orphanages Ln The State Of Tamil Nadu |
Respondent | Union Of Lndia & Ors. |
SCR | [2017] 4 S.C.R. 625 |
Judgement Date | 2017-05-05 |
Case Number | 102 |
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