Section 39 – Restoration – Juvenile Justice (Care And Protection Of Children) Act, 2000

(2) The children’s home or a shelter home, as the case may be, shall take such steps as are considered necessary for the restoration of and protection to a child deprived of his
family environment temporarily or permanently where such child is under the care and protection of a children’s home or a shelter home, as the case may be.

(3) The Committee shall have the powers to restore any child in need of care and protection to his parent, guardian, fit person or fit institution, as the case may be, and give them suitable directions.

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Explanation:

For the purposes of this section “restoration of and protection of a child” means restoration to—

(a) Parents;

(b) Adopted parents;

(c) Foster parents;

(d) Guardian;

(e) Fit person;

(f) Fit institution],

Comment:

This section embodies the ultimate aim and objective of the establishment of Children’s Homes and Shelter Homes. These Homes are meant for protection and restoration of children who are deprived of the family atmosphere and are leading a shelterless life.

The restoration of child, as explained in this section implies handing over the child to care of his parent, or parent by adoption or foster parent for the purpose of his rehabilitation and social reorientation.

The High Court of Jharkhand in the case of Court on its own motion v. State,observed that restoration and protection to a child should be the prime objective of Children Home or Shelter Home.

In this case the Court regretted that no steps were taken by the State of Bihar or Jharkhand to restore the girl juvenile ‘R’ to the care and protection of her parents/guardians, nor either of the State had taken any action to give effect to statutory provision of Section 39 of J.J. Act, 2000. Hence both the States were directed to pay a compensation of one lakh rupees to ‘R’.