Wajahat Shabir
SRINAGAR: The Jammu and Kashmir Government has notified comprehensive amendments to the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2021, introducing stricter accountability measures, enhanced oversight of child care institutions, and new safeguards for children in conflict with law and those in need of care and protection.
The amendments, issued through S.O. 246 by the Social Welfare Department, came into force upon their publication in the Official Gazette on September 22, 2026.
One key change is the introduction of a formal definition of “conflict of interest,” making individuals with personal interests that could influence their official duties ineligible to serve in statutory structures under the Juvenile Justice Act.
The government has also reduced the minimum experience requirement for certain child welfare-related appointments from seven years to three years, broadening eligibility for qualified professionals. The amended rules introduce an upper age limit of 65 years for members of Juvenile Justice Boards and Child Welfare Committees while retaining the minimum age of 35 years.
The rules also prescribe time-bound inquiries into complaints against Board and Committee members, requiring investigations to be completed within two months, with action to follow within one month. Members may also be suspended pending inquiry if criminal cases are registered against them.
The notification allows Juvenile Justice Boards to conduct proceedings through video conferencing when physical movement of children or Board members is constrained, while requiring physical hearings where medical or psychological assessment is necessary.
The government has also mandated suggestion and grievance boxes in Boards, Observation Homes and Special Homes, besides creating an online grievance redressal system for complaints relating to children.
The amendments significantly expand the role of District Magistrates in monitoring child welfare systems. District Magistrates will now review delays in Juvenile Justice Board cases, examine inspection reports, recommend action against concerned authorities, and receive quarterly reports from Child Welfare Committees.
They have also been empowered to dispose of grievances against Child Welfare Committees within 30 days.
The government has overhauled the registration process for Child Care Institutions, making District Magistrates responsible for verifying an institution’s credibility, infrastructure, finances, staff qualifications, and child protection safeguards before recommending registration.
The rules also require annual inspections of registered institutions, with powers to suspend or cancel registrations if standards of care, protection, rehabilitation or management are found inadequate.
For the first time, the amendments lay down detailed procedures for Group Foster Care, including mandatory police verification, income tax records, inspection by District Magistrates, and a cap of eight children, including biological children of caregivers.
The rules also blacklist foster families found guilty of child abuse or serious offences from participating in foster care programmes or adopting children.
The amendments transfer pending adoption-related matters from courts to District Magistrates, who must dispose of adoption applications within two months, in line with the Juvenile Justice Act and Adoption Regulations.
District Magistrates will also review adoption reports submitted by Child Welfare Committees to expedite the declaration of children as legally free for adoption.
The revised rules also emphasize rehabilitation by allowing District Magistrates to facilitate scholarships, educational loans, campus placements, apprenticeships, and vocational training for children leaving Child Care Institutions.
The notification further mandates periodic medical screenings, mental health support through government programmes, and greater convergence with skill development schemes for children under institutional and non-institutional care.
