Section 30: Functions and responsibilities of Child Welfare Committee

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015

Legal Commentary & Landmark Judgments: Section 30

Section 30 of the Act enumerates the statutory functions and responsibilities of the Child Welfare Committee (CWC), vesting it with exclusive authority to take cognizance of, conduct inquiries into, and ensure the care, protection, and rehabilitation of children in need.

  • Cognizance of Children in Need of Care & Protection (CNCP): Vests plenary authority in the CWC to take cognizance of abandoned, surrendered, abused, orphaned, or runaway children produced before it.
  • Social Investigation & Individual Care Plan (ICP): Directs the Committee to order comprehensive social investigations by Child Welfare Officers and formulate an individualized care plan for each child.
  • Power of Institutional Placement & Declaring Free for Adoption: Empowers the Committee to place children in fit facilities, foster care, or Children's Homes, and declare abandoned/orphaned children legally free for adoption.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court affirmed that the functions under Section 30 make the CWC the primary statutory protector of neglected children, requiring continuous round-the-clock availability.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court highlighted that the CWC's power to declare children legally free for adoption is the bedrock of the national secular adoption framework under CARA.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that the CWC must actively monitor institutional care and inspect children's homes under Section 30.
Courtroom Practice & Strategic Litigation Guidance:

When seeking custody of an orphaned child on behalf of relatives or prospective guardians, file a formal petition under Section 30 before the CWC requesting a Social Investigation Report and interim fit-person placement.