Section 40: Restoration of 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
Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide
Legal Commentary & Landmark Judgments: Section 40
Section 40 of the Juvenile Justice Act, 2015 elevates the restoration and repatriation of a child to their biological parents or family as the primary statutory objective of child welfare law.
Section 40 establishes family restoration as the primary objective of child welfare law, mandating structured rehabilitation before alternative institutionalization.
Sub-section (2) establishes a detailed screening mechanism: the Committee must assess the suitability of the biological parents or guardians to receive the child, taking into account the child's safety, physical well-being, and willingness. If the family is impoverished, the Committee may link them to welfare schemes and sponsorship under Section 45 rather than separating the child, reinforcing the principle of family preservation.
Section 40 rejects the assumption that institutional shelters provide a better environment than the biological family. The statute presumes that growing up in a biological family is in the child's best interest, mandating that the state support impoverished families through social welfare schemes rather than breaking familial bonds.