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Section 28: Procedure in relation to Committee

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

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Act 2015
Section 27 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the Act defines the procedure in relation to the Child Welfare Committee (CWC), establishing quorum rules, majority decision-making, and bench requirements for disposing of cases concerning children in need of care and protection.

  • CWC Quorum & Multi-Disciplinary Composition: Requires that the Committee shall function as a bench consisting of a Chairperson and four members, of whom at least one shall be a woman and one an expert on child matters.
  • Minimum Quorum Requirement: Prescribes that a minimum quorum of three members must be present to pass final orders concerning a child's custody, surrender, or declared adoptability.
  • Democratic Majority Decision Rule: Requires all decisions of the Committee to be by majority; in the absence of a majority, the opinion of the Chairperson shall prevail.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that CWCs function as quasi-judicial benches exercising civil court powers, mandating that State Governments appoint qualified, vetted members with full quorum.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court highlighted that defective CWC compositions or lack of statutory quorum invalidates custody orders.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed that the CWC is the supreme statutory guardian of children in need of care, exercising secular state parens patriae authority.
Courtroom Practice & Strategic Litigation Guidance:

In child custody disputes before the CWC, audit the bench register: if an order declaring a child legally free for adoption or granting long-term institutionalization was signed by fewer than three members, challenge it under Section 28 for lack of statutory quorum.

Section 27 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 29