(i) Introduced in Rajya Sabha on November 16, 2010 (ii) Passed in Rajya Sabha on Auhust 19, 2011 (iii) Passed in Lok Sabha on August 29, 20111 (iv) Date of assent/Gazette Notification Sep. 07, 2011

                                             As Introduced               As Passed in Rajya Sabha 

The Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted to provide a juvenile justice system for juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation and for matters connected therewith or incidental thereto. 2. Section 48 of the said Act provides for committal to approved place of juvenile or child suffering from dangerous diseases and his future disposal. Sub-section (2) of this section provides that where a juvenile or the child is found to be suffering from leprosy, sexually transmitted disease, Hepatitis B, open cases of Tuberculosis and such other diseases or is of unsound mind, he shall be dealt with separately through various specialized referral services or under the relevant laws as such. Section 58 of the Act, inter alia, provides for the transfer of juvenile or child of unsound mind or child suffering from leprosy or addicted to drugs from special home or children's home or shelter home or an institution to a mental hospital or a leper asylum or treatment centre for drug addicts or to a place of safety for being kept there for a period as may be required. The provisions referred to in the preceding paragraphs 2 and 3 provide for segregation of such children from other children in the special home or children home or shelter home or an institution which appear discriminatory in nature. In the opinion of experts also, segregationis no more necessary for the treatment of such children. The Union Ministry of Health has also recommended for amendment of the aforesaid Act for removing the discriminatory provisions. Hon'ble High Court of Delhi vide an interim order dated 4th February, 2009 in a Public Interest Litigation filed by Kusth Asha Deep Foundation, [Writ Petition (Civil) No. 8112/2007 against Union of India and Others] held that there is urgency and need for immediate steps to be taken both to remove/amend discriminatory legislations and to ensure that the patients/ persons suffering from leprosy enjoy equal status as other citizens. Rajya Sabha Committee on Petitions for Integration and Empowerment of Leprosy Affected Persons, in its 131st Report presented on 24th October, 2008 has also recommended that there is a need to amend the relevant provision of the Act so that the juvenile or child is not subjected to segregation or discrimination.