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Section 46: After care of children leaving child care institution

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

Statutory Regulation
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Act 2015
Section 45 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 47

Legal Commentary & Landmark Judgments: Section 46

Section 46 of the Act establishes the statutory framework for aftercare of youth leaving child care institutions upon attaining eighteen years of age, providing financial support, transitional housing, and vocational mentorship up to the age of twenty-one.

  • Transitional Support for Care Leavers (18 to 21 Years): Guarantees that youth transitioning out of CCIs upon turning eighteen receive structured aftercare support to prevent homelessness and marginalization.
  • Financial Stipends & Higher Education Funding: Empowers the DCPU to provide monthly subsistence allowances, university tuition support, and vocational tool-kit grants.
  • Group Housing & Mentorship Facilities: Authorizes the creation of transitional group homes and career counseling programs to integrate care leavers into independent adult society.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that the transition out of institutional care is a critical period of vulnerability, directing State Governments to formulate comprehensive aftercare schemes under Section 46.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court emphasized that abandoning young adults at age eighteen without aftercare support violates their fundamental right to life and dignity under Article 21.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that state protection must continue until young persons achieve socio-economic self-sufficiency.
Courtroom Practice & Strategic Litigation Guidance:

Prior to an institutionalized youth turning eighteen, institutional social workers must submit an Aftercare Plan under Section 46 to the DCPU, securing government sponsorship for vocational training or polytechnic degree enrollment.

Section 45 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 47