Section 27 JJ Act: Child Welfare Committee (CWC) constitution

Section 27 of Juvenile Justice (Care and Protection of Children) Act, 2015: Child Welfare Committee constitution

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 27

Section 27 of the Juvenile Justice Act, 2015 mandates the constitution of a Child Welfare Committee (CWC) in every district to serve as the sole competent authority for children in need of care and protection.

Sub-Section (1): State: Sub-section (1) commands the State Government to constitute by official notification one or more Child Welfare Committees for each district.
Sub-Section (2): Committee: Sub-section (2) prescribes the Committee's composition: a Chairperson and four other members appointed by the State Government, of whom at least one must be a woman and another an expert on matters relating to children.

Sub-sections (4) to (7) specify stringent qualifications and disqualifications: members must possess at least seven years' active experience in child health, education, or welfare, or be practicing professionals in child psychology, psychiatry, or law. It lays down disqualifications for human rights violations, financial impropriety, or institutional conflict of interest, and empowers the State Government to terminate members for persistent absenteeism or abuse of office.

Key Landmark Precedents:

Sampurna Behrua v. Union of India, (2018) 4 SCC 433: The Supreme Court directed that every district across India must possess a fully operational Child Welfare Committee with qualified, sensitized, and dedicated members.
Re: Exploitation of Children in Orphanages in State of Tamil Nadu, (2017) 5 SCC 578: The Supreme Court emphasized that CWC members perform sovereign child protection functions and must be selected through transparent statutory selection committees.

Legal Commentary:

The Child Welfare Committee is the primary institutional guardian for vulnerable, exploited, and abandoned children. By vesting the Committee with quasi-judicial powers and district-wide jurisdiction, Section 27 ensures that children in distress have direct access to a dedicated welfare tribunal rather than an adversarial civil court.

Section 27: Child Welfare Committee (CWC) constitution

Section 27 of Juvenile Justice (Care and Protection of Children) Act, 2015: Child Welfare Committee constitution

Legal Commentary & Landmark Judgments: Section 27