Supreme Court Issues Notice On PIL Seeking Guidelines For Aftercare For Children With Special Needs Under Juvenile Justice Act

A Supreme Court bench comprising Chief Justice of India, DY Chandrachud and Justices JB Pardiwala and Manoj Misra on Tuesday (January 2, 2024) issued a notice in a Petition under Article 32 of the Constitution which sought guidelines for children with special needs on the attainment of the legal age of majority (18 years) under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015).

The counsel appearing on behalf of the Petitioner contended that there existed no specific provisions of 'aftercare' for children falling under the ambit of Section 2 (14)(iv) of the JJ Act, 2015. S.2(14)(iv) of the JJ Act, 2015 defines “Child in need of care and protection' to include those children who are mentally ill, or mentally/ physically challenged, or suffering from terminal or incurable disease and either have no one to support or have guardians unfit to take care and protect such a child.

Issuing notice, the bench observed: The grievance which has been made in the Petition under Article 32 of the Constitution is that there are no provisions with regards to aftercare for children in need of care and protection falling within the definition under S.2(14)(iv) of the JJ Act, 2015 after they attain the age of 18 years extendable to 21 years.

Liberty was given to service the Central Agencies in addition, the matter will be listed for hearing after 4 weeks.

Case Details : KSR MENON vs. UNION OF INDIA W.P.(C) No. 001403 - / 2023

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