Section 50: Children's Home

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 50

Section 50 of the Act provides for the establishment and maintenance of Children's Homes in every district or group of districts for the reception, care, and protection of children in need of care and protection during their minority.

  • Long-Term Protective Shelter Infrastructure: Obligates the State Government to establish registered Children's Homes to shelter orphaned, abandoned, or destitute children committed by the CWC.
  • Gender & Age Segregated Facilities: Requires separate, secure residential accommodations for boys and girls, with further classification based on age cohorts.
  • Standards of Care & Education: Mandates unhindered access to formal schooling, nutritious dietary standards, medical healthcare, and emotional counseling.
Key Landmark Precedents:
  • In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court established comprehensive national standards for Children's Homes, mandating periodic safety audits, background-vetted caretakers, and CCTV surveillance in common areas.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed States to eliminate deficiencies in Children's Homes and ensure regular inspections by District Child Protection Units.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that Children's Homes must provide a loving, nurturing environment conforming to constitutional dignity under Article 21.
Courtroom Practice & Strategic Litigation Guidance:

In child protection public interest litigation, petition the High Court under Article 226 citing Section 50 to compel district administrations to construct and staff fully equipped Children's Homes where districts lack government facilities.