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MODEL SOCIAL AUDIT PROFORMA FOR JUVENILE JUSTICE

BOARD (JJB) UNDER THE JUVENILE JUSTICE (CARE AND

PROTECTION OF CHILDREN), ACT, 2000

Date of Social Audit:

Details of Social Audit Team:

S.N. Name Designation Department/Agenc

y/ Organization

1. Basic information

1.1 Location (Address):

1.2 District:

1.3 State:

1.4 Present Strength of the Board:

1.5 Age and Educational Qualifications of the Principal Magistrate/Members of the Board:

Name Designation Educational

Qualification

Age Sex

M/F

Years of

experience

1.6 What was the selection process of members? Give details

2. Training of Members

2.1 Are all members of the Board trained on JJ Act and POCSO Act, child psychology, child

welfare, child rights, national and international standards for juvenile justice and ICPS?

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Principal Magistrate

Name of the Course Date (s) Venue Organized by

Member I

Training attended Date (s) Venue Organised by

Member II

Training attended Date (s) Venue Organized by

3. Sittings of the Board

3.1 Number of sittings prescribed in a week for the Board?

3.2 Number of sittings held in a week on an average in the past one year by the Board?

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3.3 Any instance of any member of the Board not attending the proceedings of the Board or

three consecutive months.

3.4 If yes, state the reasons.

3.5 Any instance, where a member has failed to attend less than three-fourth of sitting per

year?

Yes/No

3.6 If yes, Indicate the member and the reasons for such non-attendance.

3.7 On how many occasions in last one year was the attendance of any member of the Board

less than five hours per sitting?

Quarter 1 Quarter 2 Quarter 3 Quarter 4

Principal

Magistrate

Member 1

Member 2

4. Transaction of Daily Business

4.1 Do the JJBs follow any rules for transaction of daily business other than those laid down

in the JJ Act and JJ Rules?

4.2 What is the order followed for the matters to be taken up – bail matters are the first on the

cause list, followed by framing of charges, evidence, fresh cases, etc.

4.3 Who prepared the cause list?

4.4 Does the Board sit together in the morning briefly to look at the files pertaining to matters

in the cause list and plan the day before initiating its proceedings?

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4.5 What happens in the absence of the Principal Magistrate – what are the ground rules

followed?

4.6 What happens in the absence of a social worker member – what are the ground rules

followed?

4.7 How does the Board plan allocation of tasks such as review and consideration of SIRs

filed by Probation Officers, review and consideration of counseling reports, writing the

orders, attending trainings, meetings, visits to observation homes, special homes and place of

safety, etc.

5. Speedy Inquiry

5.1 Average Time taken in completing inquiry in case of child in conflict with law

5.2 In how many cases the inquiry was not completed within four months after the first

summary inquiry during

2013-14

2014-15

2015-16

5.3 How many cases delayed for beyond six months, in case of serious offences, were

reported to the Chief Judicial Magistrate/Chief Metropolitan Magistrate during:

2013-14

2014-15

2015-16

5.4 How many adjournments were given in cases pending beyond four months in last 3

years?

5.5 What are the most common reasons for adjournments given?

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5.6 What is the intervening period between any two adjournments on most occasions?

6. Speedy Disposal and review of Pendency – Section 14(2) of the Act states that the Chief

Judicial Magistrate shall review the pendency of cases of the Board at every six months, and

shall direct the Board to increase the frequency of its sittings or may cause the constitution of

additional Boards.

6.1 How many review meetings related to pending cases were held by CJM/CMM during the

years:

2013-14

2014-15

2015-16

6.2 Steps in the process of inquiry proceedings under JJ Act that delay the disposal:

Time required/spent by

the Board

In petty offences In other non-

serious offences

In serious Offences

entailing

punishment of 7 or

more years for an

adult

Average no. of days

required for age

determination

Average no. of days

required for preparation

and submission of SIR to

the Board

Average no. of days

taken by the police for

submission of FR

Average no. of days

required for/spent on

framing of charges

Average no. of days

required for/spent on

recording of evidence

Average no. of days

required for/spent on

final arguments

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Time required/spent by

the Board

In petty offences In other non-

serious offences

In serious Offences

entailing

punishment of 7 or

more years for an

adult

Average no. of days

required for/spent on

deciding the case after

final arguments

Average no. of days

required for/spent on

writing the final order

Any other (Specify)

6.3 Measures adopted to ensure early disposal of the cases:

6.4 Impediments to frequent sittings of the board and initiatives to ensure that the JJB sits as

frequent as required:-

Impediments Initiatives

6.5 Whether constitution of an additional JJB is required in terms of turnover and pendency

of cases?

6.6 If yes, give details:-

Total Pendency of cases (year of

institution- wise

Number of sittings and number of cases

handled in last one year

Year of Institution Number of Pending

cases

Number of sittings Number of cases

handled

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7. Sittings of JJB: JJB holds its sittings in the premises of an Observation Home only or at a

place in proximity to the observation home or, at a suitable premise in any institution run

under the Act, and in no circumstances shall the Board operate from within any court

premises.

7.1 Where are the sittings of JJB held?

7.2 Reasons for holding the sitting at premises other than at a place prescribed under Rule 9

of the Model JJ Rules, 2007.

7.3 Initiatives taken to ensure holding of proceedings of the Board at an Observation Home or

at a suitable premise in any institution run under the Act only and outcome thereof:

Physical Infrastructure

mandated in Law

8. JJB has a separate room for holding its sittings and a separate waiting room for

children and their families.

9. Child- friendly environment in the JJB.

9.1 Is there a witness box in the room where the proceeding is conducted?

9.2 Do the members sit on a raised platform?

9.3 Tick the practices followed during hearing of cases:

Checklist of Child-friendly actions

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Introduce yourself and your role

Avoid interruptions and distractions and focus on the child

Talk in a friendly manner

Display warmth, interest and concern towards the child

Being empathetic and addressing the concerns of the child without being judgmental

Arranging water and food for the child and making the child comfortable before and

during the hearing

Avoiding authoritarian approach

Avoid excessive probing, so as to make the comfortable and enable the child to open

up in communication.

Ensuring privacy of conversation

Avoid being impatient with the child and handle communication according to

physical and mental condition of the child

Avoid invasive questions

Donot prompt or put words in the mouth of the child.

Facial expressions and gestures indicating child is welcomed to the hearing

Maintaining eye contact with the child throughout, during the hearing session.

Visible expression of affection towards the child, as per the age and circumstances of

the child.

9.4 Availability of Physical Infrastructure Mandated In Law For Juvenile Justice Boards

Availability (with

Numbers)

Reasons for non-

availability

Board Room

Waiting room for children

Room for principal

magistrate and members

Record room

Room for probation officers

Waiting room for parents and

visitors

Availability of Safe drinking

water

Toilet facility

Additional desirable facilities

to fulfil the objectives of the

law

Room for public prosecutor

Room for legal aid unit

Room for counseling

Any other (specify)

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9.5 The sitting arrangement of the room.

9.6 Provision for human resource and equipment support (Describe)

Human resource and

equipment support

Availability (with no.) Reasons for non-

availability

Probation officers

Counsellors

Public prosecutors

Steno-typist/computer

operator

Alhmad

Section-writer

Copyist

Naib-court

Reader

Peon

Safai Karamchari

Clerk

Computers

Printer

Scanner

Photocopier

Internet connection

Chairs

Tables

Safe drinking water facility

Fans

Air conditioners / coolers

Cabinets & drawers

Almirahs and other storage

facilities

Any other (specify)

9.7 Recent initiatives taken to make the room where proceedings are held and the waiting

area and legal aid and counseling rooms more child friendly:

- Provision for drinking water

- Provision for toilets

-Use of paintings, posters, drawings made by children

-Adding indoor plants

- Making provisions for indoor games in the waiting area

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- Any other (Specify)

9.8 Does the Board maintain confidentiality about each case being dealt in JJB? Yes/No. The

Social Audit Team should check the following:-

Manner in which the juveniles are referred that is by name or any other way

Talk to children and their families to know if the confidentiality is maintained

9.9. Is the victim given a copy of the JJB order? If not why?

10. Regular inspections by members of the JJB of Institutions housing children in

conflict with law.

10.1 Inspections of Institutions housing children in conflict with law by members of JJB in

last 3 years:

Principal

Magistrate

Magistrate 1 Magistrate 2

Date Institute Date Institute Date Institute

2013-14

2014-15

2015-16

10.2 Details of visits made to institutions by each member of JJB for purpose other than

general inspection:

JJB Type of Institutions

visited

Number of visits Purpose

Principal

Magistrate

Magistrate 1

Magistrate2

10.3 Participation in the Home Management Committee in the last three years

Institution Number of Meetings of

the Home Management

Committee held in last

three years

Number of Meetings of the

Home Management

Committee attended by a

member of the JJB in last

three years

Observations and

Recommendations made

2013-14 2014-15 2015-16 2013-14 2014-15 2015-16 2013-14 2014-15 2015-16

Observatio

n Home

for Boys

Observatio

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Institution Number of Meetings of

the Home Management

Committee held in last

three years

Number of Meetings of the

Home Management

Committee attended by a

member of the JJB in last

three years

Observations and

Recommendations made

n Home

for Girls

Special

Home for

Boys

Special

Home for

Girls

Place of

Safety

Fit

Institution

where a

child is

placed on

Probation

10.4 Observations made during such visits to an institutions and action taken to improve the

situation.

11. Prompt redressal of complaints of children in conflict with law received through the

prescribed system of complaints and during inspections.

11.1 How often do the JJB members check the complaint/suggestion box in the institution?

11.2 What kind of complaints/suggestions are received?

From children

From staff

Complaints emerging during the meeting of the Home Management Committee

11.3 Is there a complaint/suggestion box placed at a prominent place within the premises of

the JJB?

11.4 How often is the complaint/suggestion box opened by the Board?

11.5 What other measures/strategies have been adopted/instituted to ensure that children can

approach the Board with a complaint during visits of Board Members to the institution

or through representation in the Home Management Committee or during the

proceedings of the Board etc.?

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11.6. Have children reported ill-treatment at the hands of the police/institution/legal aid

lawyer/counselor/school/parent/etc. to the Board?

11.7 Does the Board take a view on the suggestion(s) given in the suggestion box? Yes/No

Give some illustrations (during last 6 months)

11.8 Some recent actions taken by the Board to redress the complaints of children: (last 6

months)

11.9 Follow up or check by the Board whether necessary action upon the complaint has been

taken during last 6 months

12. JJB functions in full strength round the year through prompt recruitments.

12.1 Whether the Board functions in full strength all the time? Yes/No

12.2 If no, what are the reasons?

12.3 Was there any occasion, when a judgement could not be pronounced due to non-

availability of Principal Magistrate?

12.4 If yes, what are the reasons?

12.5 Steps taken by the Board to ensure that the Board functions in full strength?

Instance noticed Initiative taken Outcome

Principal

Magistrate

Magistrate 1

Magistrate2

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13. In all cases requiring determination of age of the child in conflict with law, the

procedure is initiated immediately and completed promptly.

13.1 What is the average time- taken for age determination of a child.

13.2 What are the major causes of delay in the process of age determination of the child?

13.3 In how many cases in past one year, a bone ossification test was ordered to determine

the age of juvenile?

13.4 On an average, how much time does it take to organise medical support to determine the

age of the child scientifically.

13.5 What are the various Documentary evidences taken into account to determine the age of

the child. How are the documents verified? Is the IO asked to verify the documentary

evidence and present a report and evidence such as school admission register etc. or is the

school principal/panchayat secretary/registrar of births and deaths/such other authority

summoned to appear before the Board and verify the school certificate/panchayat

certificate/birth certificate/municipal record etc.

13.6 What are the difficulties faced in verification of documentary evidence and what are the

suggestions to overcome these difficulties?

14. Orders passed by JJB are loaded on the Trackchild website immediately.

14.1 Does the Board ensure that the orders passed by the board is immediately loaded in the

Trackchild Portals? Generally how much time is required to upload the orders?

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15. JJB ensures in each case that the child in conflict with law is not/has not been

subjected to any ill-treatment.

15.1 How does the Board monitor OHs and SHs so that children are not subjected to ill

treatment?

16. Full opportunity to each child in conflict with law to participate and be heard in

inquiry proceedings before the JJB.

16.1 Does the Board provide the child an opportunity to be heard?

16.2 How does the Board ensure that the child participates in the proceedings?

16.3 How does the Board ensure that decisions are taken in the best interest of the child?

What type of deliberations are undertaken among Board members for this and what

special efforts are made in peculiar situations (give examples)

17. Free legal aid services to every child in conflict with law, who qualifies for these

services.

17.1 Does the Board facilitate free legal services for each child in conflict with law produced

before it?

17.2 Does the Board inform every child and his/her parent/guardian about availability of free

legal aid?

17.3 Does the Board ask the child/child’s parent or guardian if they wish to avail free legal

aid services and a make noting of their response in writing in its orders? (This can cross

verified through inspection of Boards orders/documents pertaining to Board’s proceedings)

17.4 Is there a free legal aid unit set up within the precincts of the JJB?

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17.5 How many legal aid lawyers are available for children in conflict with the law?

17.6 Have the legal aid lawyers received any training on child rights and juvenile justice?

Give details.

Trainings held for legal aid

lawyers

Date (s) Venue Organised by

17.7 Who reviews the work and services of the legal aid lawyers and how often?

17.8 What proportion of children appearing before the Board are in need of free legal aid, as

per information for the years:

2013-14

2014-15

2015-16

17.9 How promptly is free legal aid arranged for any child in need for such an aid?

18. In case of each child in conflict with law, the Social Investigation Report prepared in

time by Probation Officer/recognised voluntary organization and made available to JJB

to pass necessary orders promptly.

18.1 How much time does it take to obtain social investigation report of a child after the first

appearance before the Board?

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18.2 Who prepares the social investigation report for your Board?

(Probation Officer/NGO representative/Some on else- specify)

18.3 How often delay in preparing the social investigation report of the child is observed and

reason therefor.

18.4 Measures taken by the Board to avoid the delay in preparation of social investigation

report?

18.5 Whether the Probation officers are trained adequately to prepare social investigation

reports?

18.6 Do the social investigation reports bring out the specificities pertaining to each child or

do they all read the same?

18.7 Do the JJBs find social investigation report useful?

18.8 Are the social investigation reports prepared as per Form IV of the JJ Rules, 2007? What

are the additions or deletions in the report submitted to the Board?

18.9 What are suggestions of the Board to improve the social investigation report?

19. JJB orders individual or group counseling of child(ren) in conflict with law through

DCPU/SCPS in all such cases requiring counselling and counsellor's report made

available to JJB promptly in case of each counselled child who is in conflict with law.

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19.1 How frequently did the Board order counselling service for children in conflict with law

during:

Year Number of Cases

2013-14

2014-15

2015-16

19.2 How does the Board deal with children with behavioral and/or addiction problem?

19.3 Does the Board maintain a record of children with behavioural and addiction problems?

19.4 Does the Board carry out an assessment of behavioural and addiction problems among

children produced before them?

19.5 If Yes, what measures are adopted by the Board for such an assessment?

19.6 Are these assessments part of the child’s case history and individual care plan?

19.7 How many cases of children with behavioural and/or addiction problems were received

by the Board in the last three years?

Year Number of Cases with

behavioural problems

Number of cases

with addiction

problem

Number of cases

with both

behavioural and

addiction

problem

2013-14

2014-15

2015-16

19.8 Does the Board order for individual or group counselling in relevant cases?

19.9 In how many cases was the counseling ordered pre-release?

19.10 In how many cases was continuation of counseling ordered post-release?

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19.11 In how many cases has the Board ordered only post-release counseling?

19.12 How does the Board monitor post-release counseling?

19.13 How long does the counseling continue on an average?

19.14 At what point is a closure given to counseling?

19.15 Has there even been a need felt to ask parents/guardians of children also to participate

in the counseling process? List any such instances in the past and steps taken by the Board to

support counseling of parents/guardians.

19.16 Nature of cases for:

(a) Individual Counselling-

(b) Group Counselling-

(c ) Counselling ordered for both the child and his/her parent/guardian

19.17 What type of orders follow counselling interventions and what type of changes are

reported in Counselled Children?

19.18 In how many cases have children been placed under a vocational training programme

along with or after counseling?

19.19 How many children placed in counseling and/or vocational training have been

successfully rehabilitated in the last three years?

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Rehabilitation of

Children in

Conflict with the

Law

No. of Children

who received

counseling only

No. of

Children who

received only

Vocational

Training

No. of Children

who received

both

Counselling

and Vocational

Training

No. of

Children

successfully

rehabilitated

2012-13

2013-14

2014-15

19.20 In how many cases were children asked to undergo de-addiction treatment and

rehabilitation programme in the last three years and what has been the rate of success

(i.e. how many completed the programme successfully, how many dropped out, how

many cases of relapse)?

Year Number of

children placed in

a de-addiction

treatment and

rehabilitation

programme by an

order of the Board

Number of

children who

successfully

completed the

de-addiction

programme

Number of

children who

dropped out of

the de-

addiction

programme

Number of

cases of

relapse

2013-14

2014-15

2015-16

19.21 What is the average duration of a de-addiction treatment and rehabilitation

programme?

19.22 Who are the service providers for de-addiction treatment and rehabilitation

programme?

19.23 How does the Board track the progress of children placed in a de-addiction treatment

and rehabilitation programme?

19.24 What steps are taken when a child drops out of the de-addiction treatment and

rehabilitation programme or in a case of relapse?

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19.25 How does the Board maintain its data base on outcomes and impact of counseling, de-

addiction vocational training?

20. JJB ensures in case of each child in conflict with law that the child is located in the

institution/home for juveniles in conflict with law located closest to the place of

residence of the parent/guardian of juveniles in conflict with law.

20.1 While placing a child in a fit institution does the Board ensure that the child is placed in

an institution closest to his/her residential area?

20.2 What are the circumstances leading to any deviation?

21. JJB ensures that all needs of juveniles in conflict with law are met by the

institution/arrangement in which the juveniles in conflict with law is placed during

inquiry and there-after.

21.1 Does the Board ensure that all needs of the child is met by the institution as per the

standards laid down under the Rules & ICPS:

Requirements Yes/No

Food

Clothing

bedding

Health/Medical attention

Sanitation

Others needs

22. Recidivism

22.1. On an average, in a year, how many cases of repeat offending are received by the

Board?

22.2. How does the Board maintain a record of children offending repeatedly?

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22.3. Does repeat offending get reflected in the child’s case history and individual care plan?

22.4 What is the type of offence for which children get booked repeatedly?

Number of

children

booked for a

repeated

offence of

similar type

Number of

children

booked for a

repeated

offence of

different type

Number of cases

where repeat

offending finds

place in the case

history/individual

care plan

Measures

taken by the

Board to deal

with children

offending

repeatedly

2012-13

2013-14

2014-15

23. Regular furnishing of information about cases received and handled by the Board to

relevant authorities.

23.1 Whether quarterly report about the juveniles was submitted to district and state child

protection unit during the years:

Years Q 1 Q 2 Q 3 Q 4

2013-14

2014-15

2015-16

23.2 Whether quarterly report was submitted to the State Government during the years:

Years Q 1 Q 2 Q 3 Q 4

2013-14

2014-15

2015-16

23.3 Whether quarterly report was submitted to the CMM or CJM during the years:

Years Q 1 Q 2 Q 3 Q 4

2013-14

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2014-15

2015-16

24. Board builds confidence in the juveniles in conflict with law and his/her family that

justice will be done and “best interest of the child” will be watched throughout the

proceedings and the child will be heard.

24.1 Does the Board ensure that the family is informed about the child being apprehended /

and the accusation (s) against him/her? Yes/No

25. At no instance is the Principal Magistrate reported to have dealt with the case of the

juveniles in conflict with law as done by Magistrate presiding over the Judicial

proceeding in a regular court of law.

25.1 How does the Principal Magistrate of the Board ensures that proceeding adopted in a

JJB sitting is different from that of a regular court of law (Explain)

26. Utilization of funds by the Board

26.1 Has the Board utilized funds received under recurring and non-recurring category for the

last three years, give details?

Item 2013-14 2014-15 2015-16

Non-recurring

expenditure

received utilized received utilized received utilized

Recurring expenditure: