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Section 109: Monitoring of implementation of Act

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 108 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 110

Legal Commentary & Landmark Judgments: Section 109

Section 109 of the Act mandates the continuous monitoring of the implementation of the Act by the National Commission for Protection of Child Rights (NCPCR) and State Commissions (SCPCRs), vesting them with civil court inquiry powers.

  • Independent Statutory Monitoring Bodies: Designates the NCPCR and SCPCRs as the supreme independent monitoring authorities tasked with inspecting institutions, investigating child rights violations, and evaluating JJB/CWC functioning.
  • Civil Court Inquiry Powers Under CPC 1908: Vests the Commissions with powers to summon witnesses, enforce discovery of records, and conduct on-site inquiries into institutional child abuse.
  • Mandatory Annual Implementation Reporting: Requires the Commissions to submit annual evaluative reports to Central and State Governments detailing systemic bottlenecks and recommendations.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that the NCPCR and SCPCRs have a proactive statutory duty under Section 109 to inspect child care institutions, audit CWC disposals, and hold state governments accountable for non-compliance.
  • In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court directed the NCPCR to conduct nationwide inspections of orphanages and coordinate with district authorities to seal unregistered homes.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Affirmed that statutory monitoring commissions are essential to enforce child protection standards.
Courtroom Practice & Strategic Litigation Guidance:

Where a district administration or police department willfully ignores complaints of child abuse in an institution, file a formal complaint under Section 109 before the NCPCR / SCPCR; the Commission can issue summons and direct an independent inquiry.

Section 108 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 110