Code: Section 93 of the Juvenile Justice (Care and Protection of Children) Act
93. Transfer of a Child Who Is Mentally Ill or Addicted to Alcohol or Other Drugs
(1) If the Committee or Board determines that a child, who is kept in a special home, observation home, Children’s Home, or any institution under this Act, is mentally ill or addicted to alcohol or other drugs that alter behavior, the Committee or Board may order the transfer of the child to a psychiatric hospital or nursing home. This shall be in accordance with the Mental Health Act, 1987 (14 of 1987) or the rules made under it.
(2) If a child has been transferred to a psychiatric hospital or nursing home under sub-section (1), the Committee or Board may, based on the discharge certificate from the psychiatric facility, order the child’s transfer to an Integrated Rehabilitation Centre for Addicts or a similar facility managed by the State Government for the treatment of mentally ill persons or those addicted to narcotics or psychotropic substances. The transfer will be for the period required for inpatient treatment.
Explanation:
- (a) “Integrated Rehabilitation Centre for Addicts” refers to a facility as defined in the Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance Abuse, or any equivalent scheme currently in force.
- (b) “Mentally ill person” has the meaning given in Section 2(l) of the Mental Health Act, 1987 (14 of 1987).
- (c) “Psychiatric hospital” or “psychiatric nursing home” has the meaning defined in Section 2(q) of the Mental Health Act, 1987 (14 of 1987).
Explanation of Section 93
This section empowers the Committee or Board to take appropriate action when a child is found to be suffering from mental illness or addiction to substances. The Committee or Board may decide to transfer the child to specialized institutions for treatment. This ensures that children receive the care and rehabilitation they need to address mental health issues or substance addiction.
- Key Point 1: If the child is mentally ill or addicted, they may be transferred to a psychiatric facility for treatment.
- Key Point 2: After psychiatric treatment, the child may be sent to a rehabilitation center for further care, as advised by medical professionals.
Illustration
Example 1: Treatment for Substance Addiction
A child in a Children’s Home is found to be addicted to alcohol, affecting their behavior. The Committee orders the child’s transfer to a psychiatric hospital for proper treatment. After the treatment, the child is transferred to an Integrated Rehabilitation Centre for Addicts for further recovery.
Example 2: Mental Health Issues
A child exhibits severe mental health symptoms. The Board sends the child to a psychiatric nursing home for evaluation and treatment. Once the child is stabilized, they are moved to a rehabilitation facility for ongoing care.
Common Questions and Answers on Section 93
1. What happens if a child is mentally ill or addicted to drugs?
- Answer: If a child is mentally ill or addicted to drugs, the Committee or Board can transfer them to a psychiatric hospital for treatment. Afterward, they may be moved to a rehabilitation center for further care.
2. What is an Integrated Rehabilitation Centre for Addicts?
- Answer: An Integrated Rehabilitation Centre for Addicts is a facility recognized under the Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance Abuse, or any similar program that the government currently supports.
3. How long will the child stay in the psychiatric hospital or rehabilitation center?
- Answer: The child will stay for as long as necessary for their treatment, based on the advice provided by medical professionals. The Committee or Board will review the situation periodically.
Conclusion
Section 93 is designed to ensure that children who face mental health issues or addiction receive the proper medical attention. The Committee or Board has the authority to transfer them to specialized facilities for comprehensive treatment. This provides a pathway for children to receive the care they need to recover and reintegrate into society.
