Question

One of the most distinctive aspects regarding child protection under the Juvenile Justice (Care & Protection of Children) Act, 2015, is:

• A. Punitive measures against families who fail to protect their children
• B. Complete State guardianship
• C. Prioritizing Institutional care only
• D. Prioritizing family-based rehabilitation

Hint:

When dealing with questions on the JJ Act, remember the "4 Rs": Rescue, Restoration, Rehabilitation, and Re-integration. The Act's focus is always on what is best for the child, which is presumed to be a family environment.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Juvenile Justice (Care & Protection of Children) Act, 2015, is the primary legislation in India concerning children in need of care and protection, as well as children in conflict with the law. Its core philosophy is the "best interest of the child."
Step 2: Detailed Explanation:
Let's analyze the distinctive aspects mentioned:

(A) Punitive measures against families: While the Act has penalties for cruelty to children, its main thrust for child protection is not punitive towards families but supportive and restorative.
(B) Complete State guardianship: This is incorrect. The Act considers the state as a guardian of last resort. The primary responsibility for the child's care is placed on the biological family.
(C) Prioritizing Institutional care only: This is directly contrary to the Act's principles. Section 3(iv) of the Act explicitly states that institutionalization of a child should be a measure of last resort.
(D) Prioritizing family-based rehabilitation: This is a cornerstone of the JJ Act, 2015. The Act strongly promotes non-institutional alternatives like adoption, foster care, and sponsorship. The fundamental principle is that a child's overall development is best served within a family environment. This focus on keeping the child within a family structure is a distinctive and progressive aspect of the law.
Step 3: Final Answer:
The emphasis on family-based rehabilitation and using institutional care only as a last resort is one of the most distinctive and central features of the child protection scheme under the JJ Act, 2015.