Section 34 – Children’s Homes – Juvenile Justice (Care And Protection Of Children) Act, 2000

(2) The State Government, may, by rules made under this Act, provide for the management of children’s homes including the standards and the nature of services to be provided by them, and the circumstances under which, and the manner in which, the certification of a children’s home or recognition to a voluntary organisation may be granted or withdrawn.

[(3) Without prejudice to anything contained in any other law for the time being in force, all institutions, whether State Government run or those run by voluntary organisations for children in need of care and protection shall, within a period of six months from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, be registered under this Act in such manner as may be prescribed.]

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Comment:

Section 34 provides for the establishment of Children’s Home by the State Government for the reception, i.e., placement of children in need of care and protection during the pendency of any inquiry under Section 33 of the Act and thereafter for their care, treatment, education, vocational training, development and rehabilitation. Such Children’s Home may be established in every district or group of districts.

The object of this section is to ensure over all development of neglected children who need care and protection. The Supreme Court has directed that children in Children’s Home should not be subjected to Begar, i.e., work without wages and they should be paid adequate remuneration for the work taken from them. The condition of these Homes should be humanistic and only service spirited persons should be appointed for this purpose.

The management and working of Children’s Home is regulated by the rules made by the State Government for this purpose. It may be declared as a ‘Certified Home’ if its status and manner of functioning and the services it renders are to the satisfaction of the Government, where the functioning of a Children’s Home under the management of a voluntary private organisation is not satisfactory, the Government may withdraw its recognition in the public interest.