Presence of a Capable Parent Bars Application of ‘Child in Need of Care and Protection’ under JJ Act: High Court of Jammu & Kashmir and Ladakh

The Jammu and Kashmir High Court has held that a child who is being properly cared for by her parent cannot be treated as a child in need of care and protection under the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court set aside the order passed by the Child Welfare Committee, Srinagar, holding that the Committee had misunderstood the law and acted beyond its jurisdiction. Bench…