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Section 92: Placement of a child suffering from disease requiring prolonged medical treatment in an approved place

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

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Act 2015
Section 91 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 93

Legal Commentary & Landmark Judgments: Section 92

Section 92 of the Act provides for the placement of a child suffering from a serious disease requiring prolonged medical treatment in an approved specialized hospital or clinical facility.

  • Statutory Authority for Medical Placement: Empowers the Board or Committee to order the placement of a child suffering from tuberculosis, cancer, organ failure, or serious illness in a certified hospital.
  • Free Medical Care at State Expense: Directs that the cost of prolonged medical treatment in government or empaneled hospitals shall be borne entirely by the State Child Protection Society.
  • Suspension of Procedural Inquiries During Treatment: Stays judicial inquiries until the child is medically stabilized and certified fit by treating physicians.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court affirmed that the right to health under Article 21 is non-derogable, requiring the state to provide free life-saving treatment to institutionalized wards.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed all CWCs to prioritize emergency medical placement under Section 92 for institutionalized children with serious clinical conditions.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that medical care must take precedence over procedural inquiries.
Courtroom Practice & Strategic Litigation Guidance:

If a child in custody is diagnosed with a chronic or life-threatening illness, move an emergency application under Section 92 before the CWC/JJB for an immediate order directing tertiary hospital admission at state expense.

Section 91 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 93