Home  /  Juvenile Justice (Care and Protection of Children) Act, 2015  /  Section 37

Section 37: Orders in relation to child in need of care and protection

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 36 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 38

Legal Commentary & Landmark Judgments: Section 37

Section 37 of the Act defines the orders that may be passed by the Child Welfare Committee in relation to a child in need of care and protection, prioritizing family restoration over institutionalization.

  • Hierarchy of Child-Centric Dispositions: Empowers the CWC to pass orders for: (a) restoration to parents/guardian with or without supervision, (b) placement in foster care, (c) sponsorship, (d) placement in fit facility, or (e) placement in a Children's Home.
  • Primacy of Family Restoration Principle: Codifies the core statutory principle that a child's best interests are served by remaining with family unless active abuse or grave neglect renders family custody detrimental.
  • Quarterly Review of Institutional Orders: Requires that all institutionalization orders be reviewed quarterly by the CWC to evaluate opportunities for family reunification.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that institutionalization in a Children's Home must be an order of last resort; CWCs must actively explore kinship foster care, sponsorship, and family restoration under Section 37.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court directed CWCs to implement non-institutional alternatives like foster care and sponsorship to prevent unnecessary institutionalization of children.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed that orders under Section 37 must prioritize child dignity and social reintegration.
Courtroom Practice & Strategic Litigation Guidance:

When representing biological parents seeking return of a child placed in a Children's Home, file an application for restoration under Section 37(1)(a) accompanied by proof of improved housing and steady employment, asserting the statutory preference for family restoration.

Section 36 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 38