Object and Reasons.- Children are the most vulnerable group in any population and in need of the greatest social care. On account of their vulnerability and dependence they can be exploited, illtreated and directed into undesirable channels by antisocial elements in the community. The State has the duty of according proper care and protection to children at all times, as it is on their physical and mental well being that the future of the nation depends. With increased industrialisation and urbanisation. The State needs to be even more alert and vigilant in this respect. This Bill provides for the care, protection, maintenance welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union Territories for which the Central Government has direct responsibility.It should also be remembered that the children often become, delinquent by force of circumstances and not by choice. By improving the unfavourable environment and giving suitable training, it is possible to reform his antisocial attitudes and to mould him into a responsible citizen. Measures for juvenile delinquents should, therefore, aim at rehabilitation rather than punishment. The programmes proposed to he undertaken under this bill are meant to he of a positive character:At present the Bombay Children Act, 1924 is in force in Delhi. It was considered whether a replacement of this outmoded Act by the Bombay Children Act, 1948 would not achieve the aims and objects referred to above. It was found that the Bombay Children Act 1948 or any other State Act for that matter would not fully meet the needs of the Union Territories. As such the present Bill which takes into account the Special needs of the Union Territories has been prepared".Gazette of India, 1959, Ext., Pt. II Section 2, p. 1487.Act 15 of 1978. The Children Act, 1960, provides for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union Territories. Experience gained in the implementation of the Act has brought to light certain inadequacies and weakness. It is proposed to amend the Act to make good the inadequacies. The amendments proposed are as follows:(i) It is proposed to provide that children's court constituted under the Act should be assisted by at least two qualified social workers, one of whom should be a woman.(ii) Under the Act. Child Welfare Boards are expected to deal with neglected children, while delinquent children are referred to the children's court. Very often, it is found that reported cases of delinquency are in fact cases of negligence. The converse may also, on occasions, he true. It is, therefore, proposed to make provisions enabling mutual transfer of cases between a Child Welfare Board and a children's court.(iii)The functions of the children's homes and special schools are sought to be widened with a view to ensuring the development of the personality of the child.(iv) It is proposed to empower the Administrator of a Union territory to provide for a comprehensive programme of aftercare for completing the process of care and treatment of children under the Act.(v) The ban imposed on the appearance of legal practitioners before the children's courts is proposed to be removed.2. The other amendments proposed are minor and consequential in nature. Gazette of India, 141277, Pt. II. Section 2, Ext., p. 862.[26th December, 1960]An Act to provide for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union territories.Be it enacted by parliament in the Eleventh Year of the Republic on India as follows:-
