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Section 90: Attendance of parent or guardian of child

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 89 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 of the Act regulates the attendance of parents or guardians of a child brought before the Board or Committee, empowering the authority to compel their presence during proceedings to ensure parental accountability.

  • Mandatory Parental Presence at Inquiries: Requires parents or guardians to be present during all hearings concerning their child to foster parental responsibility and family bonding.
  • Power to Enforce Attendance via Notice & Warrants: Vests the Board and Committee with civil court powers to issue summons, bailable warrants, and police directives to secure parental attendance.
  • Protection Against Parental Neglect & Desertion: Enables the authority to examine parents under oath regarding home environment, parental discord, and reasons for child neglect.
Key Landmark Precedents:
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Supreme Court affirmed that parental presence during juvenile proceedings is essential to humanize proceedings and formulate realistic family rehabilitation plans.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that JJBs and CWCs must actively involve parents in counseling and supervision.
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Affirmed the importance of parental participation in juvenile justice inquiries.
Courtroom Practice & Strategic Litigation Guidance:

If parents refuse to attend JJB hearings due to poverty or distance, petition the Board under Section 90 to order the DCPU to provide travel allowances, ensuring parental presence during the final disposition.

Section 89 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 91