Year : 2011
[Act No. 12 of 2011]
[7th September, 2011]
An Act to further to amend the Juvenile Justice (Care and Protection of Children) Act, 2000.
Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-
Section -1 Short title and commencement
(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Amendment Act, 2011.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Section -2 Amendment of section 48
In the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the principal Act), in section 48, sub-section (2) shall be omitted.
Section -3 Substitution of new section for section 58
For section 58 of the principal Act, the following section shall be substituted, namely:-
'58. Transfer of juvenile or child as are mentally ill or addicted to alcohol or other drugs.-
(1) Where it appears to the competent authority that any juvenile or child kept in a special home or an observation home or a children's home or a shelter home or in an institution in pursuance of this Act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, the competent authority may order his removal to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Act, 1987 or the rules made there under.
(2) In case the juvenile or child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the competent authority 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 juvenile or 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 in-patient treatment of such juvenile or 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" made by the Government of India 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 meaning assigned to it in clause (1) of section 2 of the Mental Health Act, 1987;
(c) "Psychiatric hospital" or "psychiatric nursing home" shall have the meaning assigned to it in clause (q) of section 2 of the Mental Health Act, 1987.'.