Code
Section 31 of the Juvenile Justice Act states who can bring a child in need of care and protection before the Child Welfare Committee (CWC) and mandates that this must be done within 24 hours (excluding travel time). It also empowers the State Government to make rules about how reports should be submitted and how children should be entrusted to safe care during inquiries.
Explanation
This section lays out both the persons authorized and the timeline within which a child in distress should be produced before the CWC. It ensures timely intervention and legal recognition of the child’s need for protection.
Who Can Produce a Child Before the Committee?
Any of the following:
-
Police Officer / Special Juvenile Police Unit / Child Welfare Police Officer / Labour Inspector
-
Any Public Servant
-
Childline or Recognized NGOs
-
Child Welfare Officer or Probation Officer
-
Social Worker or Concerned Citizen
-
The Child Himself/ Herself
-
Nurses, Doctors, or Hospital/Nursing Home Staff
Time Limit
-
The child must be produced before the Committee within 24 hours (excluding travel time), to prevent undue delay in care and legal protection.
State Government’s Role
-
The State Government may establish rules regarding:
-
How reports about the child are submitted to the Committee.
-
How and where to temporarily place the child (in a child care institution or with a fit person/facility) during the inquiry period.
-
Illustration
🔸 Example:
A passerby finds a 7-year-old child begging at a railway station in poor health. The person immediately contacts Childline. Childline takes the child and produces him before the CWC within the 24-hour window. The Committee places the child in a suitable children’s home while a social investigation is initiated.
Common Questions and Answers
Q1: Can the child approach the Committee on their own?
Yes, the child themselves can approach the Committee.
Q2: Is a delay of more than 24 hours allowed?
Only the travel time is excluded from the 24-hour window; otherwise, the child must be produced without delay.
Q3: What happens if the child is produced late?
This may lead to legal scrutiny or accountability for the delay unless justified by travel circumstances.
Q4: Can a hospital or doctor produce a child before the Committee?
Yes, under subsection (1)(vii), any nurse, doctor, or hospital management can do so.
Conclusion
Section 31 ensures that any vulnerable child is brought quickly under the protection of the law and before the appropriate authority—the Child Welfare Committee. By allowing a broad category of people to bring a child forward and enforcing a strict 24-hour window, the law prioritizes the child’s immediate safety and welfare. The section also empowers state-level rules to ensure consistency in care and procedure during the inquiry phase.