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Section 96: Transfer of child between Children's Homes, or special homes or fit facility or fit person in different parts of India

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

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Act 2015
Section 95 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 97

Legal Commentary & Landmark Judgments: Section 96

Section 96 of the Act provides for the transfer of a child between Children's Homes, Special Homes, fit facilities, or fit persons across different parts of India, authorizing inter-institutional transfers in the best interests of the child.

  • Inter-Institutional Reassignment Competence: Empowers State Governments and Committees to transfer a child from one institution to another to facilitate family proximity, specialized schooling, or safety.
  • Protection Against Disruptive Custodial Bouncing: Requires that institutional transfers must be guided strictly by the child's educational continuity and psychological best interests rather than administrative convenience.
  • Inter-Governmental Reciprocal Accords: Facilitates seamless transfers between institutions across different States with the mutual consent of the concerned State Governments.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court affirmed that Section 96 transfers must advance child welfare, directing that siblings housed in separate institutions must be transferred and reunited in the same home.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that inter-institutional transfers must preserve child education and emotional stability.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed the state's duty to facilitate institutional transfers that reunite siblings and families.
Courtroom Practice & Strategic Litigation Guidance:

If two biological siblings are placed in different childcare homes in different districts, petition the CWC under Section 96 for an immediate sibling-reunification transfer order; the Act strongly prioritizes keeping siblings together in the same institution.

Section 95 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 97