Code: Section 51 – Fit Facility
(1) The Board or the Committee shall recognise a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child in such manner as may be prescribed.
(2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be recorded in writing.
Explanation of Section 51 of the Juvenile Justice Act
Section 51 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with the concept of a “Fit Facility.” It empowers the Juvenile Justice Board or Child Welfare Committee to recognize any government or non-governmental facility as a temporary shelter or care provider for children, after a thorough evaluation.
Key Elements:
- Recognition is based on the facility’s ability to care for children temporarily for a specific purpose.
- Applicable to government bodies, NGOs, or voluntary organizations registered under law.
- Evaluation includes suitability, resources, and caregiving standards.
- The recognition can be revoked with written justification.
This provision ensures that only facilities capable of providing appropriate temporary care are entrusted with children in need, maintaining the child’s safety, well-being, and dignity.
Illustration
Example 1: Temporary Shelter for Abandoned Children
A recognized NGO operating a children’s home applies to be listed as a “Fit Facility” to house abandoned children temporarily. After evaluation by the Committee and ensuring compliance with prescribed norms, the NGO is recognized under Section 51.
Example 2: Withdrawal of Recognition
A government-run home previously recognized as a fit facility fails to maintain hygiene and staffing standards. After inspection and documentation, the Committee withdraws its recognition under Section 51(2), citing specific reasons in writing.
Common Questions and Answers on Section 51
1. What is a Fit Facility under the Juvenile Justice Act?
A Fit Facility is an organization recognized by the Juvenile Justice Board or Child Welfare Committee as capable of temporarily caring for a child based on prescribed standards.
2. Who can be recognized as a Fit Facility?
Any governmental, voluntary, or non-governmental organization registered under existing laws can be recognized, provided it meets suitability criteria.
3. Can the recognition be canceled?
Yes. The Board or Committee may withdraw the recognition at any time, provided they record the reasons for withdrawal in writing.
4. Is the recognition permanent?
No, recognition is granted for a specific purpose and duration, subject to ongoing suitability and compliance with prescribed norms.
Conclusion
Section 51 of the Juvenile Justice Act plays a crucial role in ensuring that only qualified and trustworthy facilities are entrusted with the temporary care of children in need. It sets a clear framework for recognition, monitoring, and withdrawal, safeguarding children’s rights and promoting institutional accountability.
For expert legal insights and more detailed provisions of the Juvenile Justice Act, visit ApniLaw 🚀