66 NATIONAL HUMAN RIGHTS COMMISSION Section 18(3) of JJ Act, 2015 staff that may be required for secretarial support (10) The District Magistrate shall be the grievances Where the Board after preliminary assessment to the Committee for its effective functioning. redressal authority for the Child Welfare Committee under section 15 pass an order that there is a need (4) No person shall be appointed as a member and anyone connected with the child, may file a for trial of the said child as an adult, then the Board of the Committee unless such person has been petition before the District Magistrate, who shall may order transfer of the trial of the case to the actively involved in health, education or welfare consider and pass appropriate orders. Children’s Court having jurisdiction to try such activities pertaining to children for atleast seven offences. years or is a practicing professional with a degree 92 93 Section 21 of JJ Act, 2015 No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code or any other law for the time being in force. 94 Section 27 of JJ Act, 2015 (1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification. (2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom atleast one shall be a woman and another, an expert on the matters concerning children. (3) The District Child Protection Unit shall provide a Secretary and other 95 Section 30 of the JJ Act, 2015. The functions in child psychology or psychiatry or law or social and responsibilities of the Committee shall work or sociology or human development. (5) No include— (i) taking cognizance of and receiving person shall be appointed as a member unless the children produced before it; (ii) conducting he possesses such other qualifications as may be inquiry on all issues relating to and affecting the prescribed. (6) No person shall be appointed for safety and wellbeing of the children under this a period of more than three years as a member Act; (iii) directing the Child Welfare Officers or of the Committee. (7) The appointment of any probation officers or District Child Protection Unit member of the Committee shall be terminated or non-governmental organisations to conduct by the State Government after making an inquiry, social investigation and submit a report before the if— (i) he has been found guilty of misuse of power Committee; (iv) conducting inquiry for declaring vested on him under this Act; (ii) he has been fit persons for care of children in need of care convicted of an offence involving moral turpitude and protection; (v) directing placement of a child and such conviction has not been reversed or he in foster care; (vi) ensuring care, protection, has not been granted full pardon in respect of such appropriate rehabilitation or restoration of children offence; (iii) he fails to attend the proceedings of in need of care and protection, based on the the Committee consecutively for three months child’s individual care plan and passing necessary without any valid reason or he fails to attend less directions to parents or guardians or fit persons or than three-fourths of the sittings in a year. (8) children’s homes or fit facility in this regard; (vii) The District Magistrate shall conduct a quarterly selecting registered institution for placement of review of the functioning of the Committee. (9) each child requiring institutional support, based The Committee shall function as a Bench and shall on the child’s age, gender, disability and needs have the powers conferred by the Code of Criminal and keeping in mind the available capacity of the Procedure, 1973 on a Metropolitan Magistrate or, as institution; (viii) conducting at least two inspection the case may be, a Judicial Magistrate of First Class. visits per month of residential facilities for children