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Section 55: Evaluation of functioning of structures

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

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Act 2015
Section 54 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 56

Legal Commentary & Landmark Judgments: Section 55

Section 55 of the Act provides for the independent evaluation of the functioning of all child protection structures, including JJBs, CWCs, Special Juvenile Police Units, and Child Care Institutions, by independent agencies appointed by the Government.

  • Third-Party Independent Performance Auditing: Authorizes Central and State Governments to engage independent academic institutions, universities, or social audit teams to evaluate child protection bodies.
  • Holistic Systemic Performance Metrics: Evaluates disposal rates of JJBs, rehabilitation outcomes of CWCs, condition of CCIs, and responsiveness of police child welfare officers.
  • Mandatory Public Action-Taken Reporting: Requires evaluation findings and government corrective action plans to be published and tabled before State Legislatures.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court highlighted that independent social audits under Section 55 are vital to expose systemic failures, administrative vacancies, and fund underutilization in juvenile justice.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that institutional accountability requires continuous independent social auditing.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Affirmed the importance of empirical evaluation in reforming child welfare machinery.
Courtroom Practice & Strategic Litigation Guidance:

Academic researchers and child rights institutions should partner with State Child Protection Societies under Section 55 to execute social audits, presenting empirical findings to the National Commission for Protection of Child Rights (NCPCR).

Section 54 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 56