Act Number: 2

Act Name: The Juvenile Justice (Care and Protection of Children) Act, 2015.

Year: 2016

Enactment Date: 2015-12-31

Long Title: An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.

Ministry: Ministry of Women and Child Development

Department:

Section 93: Transfer of a child who is mentally ill or addicted to alcohol or other drugs.
    (1) Where it appears to the Committee or the Board that any child kept in a special home or an observation home or a Childrens Home or in an institution in pursuance of the provisions of this Act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, the Committee or the Board, may order removal of such child to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Act, 1987 (14 of 1987) or the rules made thereunder.
     (2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the Committee or the Board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such child to an Integrated Rehabilitation Centre for Addicts or similar centres maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and such removal shall be only for the period required for the inpatient treatment of such child.
     Explanation.—For the purposes of this sub-section,—
         (a) "Integrated Rehabilitation Centre for Addicts" shall have the meaning assigned to it under the scheme called Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services framed by the Central Government in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force;
         (b) "mentally ill person" shall have the same meaning assigned to it in clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987);
         (c) "psychiatric hospital" or "psychiatric nursing home" shall have the same meaning assigned to it in clause (q) of section 2 of the Mental Health Act, 1987 (14 of 1987).
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