The State Government may direct any child or the juvenile to be transferred from any children’s home or special home within the State to any other children’s home, special home or institution of a like nature or to such institutions outside the State in consultation with the concerned State Government and with the prior intimation to the Committee or the Board, as the case may be, and such order shall be deemed to be operative for the competent authority of the area to which the child of the juvenile is sent.
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ADVERTISEMENTS:
Comment:
The preceding Section 56 empowers the competent authority or the local authority to order discharge of the juvenile or child from Children’s Home or transfer him from one such Home to another within the State.
But the present section authorises such transfer from the Children’s Home or Special Home of one State to the institution of the like nature situated in some other State or any part of India. However, before ordering such inter-state institutional transfer, the State Government or the local authority must send prior-intimation of such transfer to the local Juvenile Justice Board or the Children’s Welfare Committee, as the case may be.
In Court on its own Motion v. State of Jharkhand, the High Court expressed dissatisfaction of the State of Bihar and Jharkhand having failed to take any action in restoring the juvenile girl ‘R’ to the care and protection of her parents/guardian from one State to another and, therefore, directed each State to pay a compensation of rupees one lakh to ‘R’ for this default.