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Section 43: Open shelter

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

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Act 2015
Section 42 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 44

Legal Commentary & Landmark Judgments: Section 43

Section 43 of the Act provides for the establishment and recognition of open shelters by the State Government, creating community-based walk-in drop-in centers for children in need in urban and semi-urban clusters.

  • Community-Based Walk-In Shelter Architecture: Authorizes voluntary organizations to operate open drop-in centers providing immediate shelter, food, and sanitation to street children, runaway youth, and child laborers.
  • Short-Term Transit & Protection Facility: Functions as an interim protective oasis without imposing restrictive custodial lockups, encouraging vulnerable children to transition towards mainstream schooling.
  • Mandatory Linking with CWC & Social Services: Requires open shelters to report children staying beyond twenty-four hours to the CWC and coordinate with healthcare and de-addiction centers.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court affirmed that open shelters under Section 43 provide indispensable safety nets for street and railway children, directing states to expand open shelter networks.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court recognized that flexible open shelters prevent vulnerable runaway youth from falling into criminal syndicates.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that state welfare must provide community-level protective shelters for neglected urban children.
Courtroom Practice & Strategic Litigation Guidance:

NGOs operating Section 43 open shelters must maintain biometric or photographic attendance registers, ensuring children requiring de-addiction or long-term schooling are referred to the CWC within statutory timelines.

Section 42 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 44