JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
of CRC, the Government has the responsibility to take all appropriate measures to ensure
that the child is protected against all forms of discrimination or punishment on the basis of
the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or
family members.
As per the JJA 2015, the role of legal services authorities in providing legal aid to children is
very important. Section 8 (3)(c) of the Juvenile Justice Act, 2015, ensures that the function of
the Juvenile Justice Board shall be to ensure the availability of legal aid for the child through
the legal services institutions. Section 30 (xvii) says that the functions and responsibilities of
the Child Welfare Committee shall include accessing appropriate legal services for children.
Section 53(1) (viii) says that institutions registered under the Act for rendering the services of
rehabilitation and reintegration to include legal aid where required.
Guidelines have been issued by the National Legal Services Authority (NALSA) for Legal
Services in Juvenile Justice Institutions in connection with the compliance of the order dated
19.08.2011 of Hon’ble Supreme Court of India in case35 to establish legal aid centres attached
to JJBs.36 As per this scheme, when a child is produced before the Board by the Police, the
Board should call the legal aid lawyer in front of it, should introduce juvenile/parents to the
lawyer, juvenile and his/her family/parents should be made to understand that it is their right
to have legal aid lawyer and that they need not have to pay any fees to anyone for this. The JJB
should give time to legal aid lawyer to interact with the juvenile and his/her parents before
conducting hearing. The Juvenile Justice Board should mention in its order that legal aid
lawyer has been assigned and name and presence of legal aid lawyers should be mentioned
in the order.37
In practice, studies have shown that majority of children in the criminal justice system nor
their parents are aware of this right to legal aid and many of them do not receive it and if
they receive, the quality is poor as lawyers are not aware of the juvenile justice laws. Many
of these legal aid centres are only on paper. The lack of legal aid many a times has resulted
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36
37
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Sampurna Behrua V. Union of India & Ors. W.P. No. (C) No. 473/2005
Available at : https://nalsa.gov.in/acts-rules/preventive-strategic-legal-services-schemes/nalsa-child-friendly-legal-services-to-childrenand-their-protection-scheme-2015. Accessed on Oct. 20, 2022
Available at : https://nalsa.gov.in/acts-rules/preventive-strategic-legal-services-schemes/nalsa-child-friendly-legal-services-to-childrenand-their-protection-scheme-2015. Accessed on Oct. 20, 2022