Introduction:

The Supreme Court, led by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, issued a notice in a Petition under Article 32 of the Constitution concerning the absence of specific provisions for ‘aftercare’ for children categorized under Section 2(14)(iv) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015). The petition raised concerns about children with special needs reaching the legal age of majority (18 years) and lacking proper care provisions thereafter.

Arguments of Both Sides:

The petitioner’s counsel highlighted the absence of provisions for ‘aftercare’ under Section 2(14)(iv) of the JJ Act, 2015, which encompasses mentally ill or physically/mentally challenged children, those with terminal diseases, and those without suitable guardianship. The plea emphasized the need for guidelines catering to the post-18-year period for such vulnerable children under the Act.

Court’s Judgement:

Upon considering the petition, the Supreme Court acknowledged the grievance regarding the absence of aftercare provisions for children with special needs upon attaining 18 years, extendable up to 21 years. The bench issued a notice, granting liberty to serve the Central Agencies concerned. The case is scheduled for a hearing after four weeks.