Bill removes segregation of mentally ill, drug-addicted juveniles

This Bill amends the Juvenile Justice (Care and Protection of Children) Act, 2000 to remove provisions that required the separate treatment or segregation of children suffering from specific diseases (such as leprosy, sexually transmitted diseases, Hepatitis B, or Tuberculosis) or mental illness. It replaces these rules with a provision allowing the transfer of mentally ill or drug-addicted children to psychiatric hospitals or rehabilitation centers for treatment.

Who it concerns: Juveniles and children kept in special homes, observation homes, children's homes, shelter homes, or institutions under the Juvenile Justice Act, 2000, specifically those identified as mentally ill or addicted to alcohol or drugs.

What the bill does

• Omits sub-section (2) of section 48 of the principal Act, which previously mandated separate handling of children with leprosy, sexually transmitted diseases, Hepatitis B, open Tuberculosis, or unsound minds.
• Substitutes section 58 of the principal Act to allow competent authorities to order the removal of mentally ill or drug-addicted children to psychiatric hospitals or nursing homes under the Mental Health Act, 1987.
• Allows competent authorities to order the removal of such children to Integrated Rehabilitation Centres for Addicts or similar state-maintained centers for in-patient treatment, based on discharge advice from psychiatric facilities.
• Defines terms such as 'Integrated Rehabilitation Centre for Addicts,' 'mentally ill person,' and 'psychiatric hospital' by referencing the Mental Health Act, 1987 and specific government schemes.

Also in the document

• The Statement of Objects and Reasons states that the previous provisions were considered discriminatory and that segregation is no longer necessary for treatment.
• The Bill cites a 2009 interim order by the Delhi High Court in a Public Interest Litigation regarding the removal of discriminatory legislation against persons suffering from leprosy.
• The Bill cites a 2008 report by the Rajya Sabha Committee on Petitions recommending amendments to prevent segregation or discrimination of juveniles.