This article is written by K Maria Yoshitha of 5th Semester of Amity Law School, Noida
Abstract:
In the context of child welfare and protection, this research paper examines the practise of adoption and sponsorship under the jurisdiction of the Child Welfare Committee (CWC). It investigates the value of these procedures in fostering the growth and development of kids who are in need of care and protection. The role of the CWC and the legal framework governing adoption and sponsorship are briefly discussed in the paper. It highlights instances of successful adoption and the beneficial effects of sponsorship initiatives on kids’ lives. The study also identifies issues and suggests policy changes to improve compliance and accountability. For the benefit of vulnerable children, the paper urges collaborative efforts to strengthen the adoption and sponsorship processes.
Keywords: Adoption, sponsorship, child welfare committee, child protection, eligibility criteria, legal framework
Introduction:
In any society, the welfare and protection of children come first. Adoption and sponsorship are important practices in the field of child welfare because they help children in need by giving them care and support. This essay examines the importance of adoption and sponsorship in advancing children’s development and well-being within the purview of the Child Welfare Committee (CWC).
A. Child Welfare Committee (CWC) Background: According to India’s Juvenile Justice (Care and Protection of Children) Act, 2015, the Child Welfare Committee is a statutory body. It acts as a crucial authority in charge of ensuring the care, protection, and rehabilitation of children who need those things. This section gives a general overview of the CWC’s founding, membership, and roles while highlighting how important they are to defending the rights and best interests of young children.
B. Adoption and sponsorship have a significant impact on the welfare of children because they help create environments that are secure and nurturing for kids. This paper examines the value of adoption in providing children with stable families and the legitimacy of their identity. It also emphasises the value of sponsorship initiatives in enabling children’s overall development and wellbeing by offering them material and emotional support.
C. Objectives and Purpose: The main goal of this paper is to examine and analyse the adoption and sponsorship practises within the context of the CWC. It aims to shed light on the issues, obstacles, and potential changes in this area’s legal and procedural aspects. The goal of the paper is to examine successful adoption cases as well as the beneficial effects of sponsorship initiatives on young people’s lives.
D. Methodology: This study uses a qualitative approach and draws on a thorough analysis of the pertinent literature, which includes scholarly articles, statutes, policies, and case law. Additionally, adoption agencies and child welfare organisations provide empirical data and personal experiences. The paper places emphasis on the value of using reliable and current sources to present a thorough understanding of the subject.
Overview of the Child Welfare Committee (CWC):
Children who require care and protection have their rights and well-being protected in large part by Child Welfare Committees (CWCs). An overview of CWCs is given in this section, along with information on what they are, what they do, and the laws that control how they operate.
A. CWC Definition and Purposes:
The Juvenile Justice (Care and Protection of Children) Act, 2015 established child welfare committees as statutory entities. For the purpose of ensuring the care, protection, and rehabilitation of children in need, they act as quasi-judicial authorities. CWCs are made up of a chairperson and four additional members who are knowledgeable and experienced in child welfare and rights.[1]
CWCs’ primary responsibilities include receiving and processing cases involving child welfare, choosing the best course of action for each case, and keeping track of the child’s progress. They have the power to make recommendations for adoption or foster care, conduct investigations, and issue orders for the care and protection of children.
B. The Child Welfare Council’s Role in Child Protection:
CWCs are essential for defending kids against harm such as abuse, neglect, and exploitation. They serve as the initial point of contact for matters involving children and are in charge of determining the needs and circumstances of distressed children. CWCs put the child’s best interests first and work to ensure their safety, wellbeing, and growth.
C. Legal Framework and Guidelines for CWC Operations:
The Juvenile Justice (Care and Protection of Children) Act of 2015 and the Juvenile Justice (Care and Protection of Children) Model Rules of 2016 regulate how CWCs operate. These legal provisions set forth the CWC’s authority, processes, and policies, including how to handle cases, carry out investigations, and make decisions that are in the child’s best interests [2]
Adoption of Children Under CWC:
A. Definition and Types of Adoption:
A permanent parent-child relationship between people who are not biologically related can be established through adoption, which is a legal procedure. It gives kids the chance to grow up in a devoted and encouraging family setting. Adoption can take many different forms, including domestic adoption, international adoption, and relative adoption [3][1].
B. Adoption Process and Procedures:
There are several steps in the adoption process, which begins with submitting an adoption application to the CWC. The CWC then thoroughly evaluates the potential adoptive parents, taking into account their background, suitability, and willingness to give the child a nurturing environment. This assessment process includes interviews, home visits, and documentation[4].
After the adoptive parents are given the go-ahead, the CWC helps find the child a good family. Once a match has been made, the adoption is finalized through legal processes such as petitions for adoption being filed and court orders being obtained.[5]
C. Requirements for Adoptive Parents:
Adoption laws and the CWC’s eligibility requirements for adoptive parents must be met. These requirements may include things like age, marital status, financial security, and the capacity to give the child a nurturing and safe environment. The goal is to guarantee the child’s welfare and best interests in the adoptive family.
D. CWC’s Role and Duties in the Adoption Process:
The CWC is crucial to the adoption procedure. They serve as the central organisations in charge of approving adoptive parents, placing children with families, and ensuring legal requirements are followed. Additionally, CWCs conduct home studies, offer counselling, and assist with adoption-related legal paperwork.
E. Adoption Case Studies and Success Stories:
Case studies and adoption success tales demonstrate the beneficial effects of the adoption procedure facilitated by the CWC. These instances highlight the positive changes that occur in the lives of children who are adopted into loving families, highlighting the significance of CWC’s role in ensuring the welfare and future prospects of adopted children.
The Juvenile Justice (Care and Protection of Children) Act, 2015, establishes the legal foundation for adoption under the CWC in the Indian context. Section 41 of the Act emphasises the significance of the child’s best interests in the adoption process, while Section 56 of the Act details the procedures and requirements for adoption [6]. In addition, the Central Adoption Resource Authority (CARA) is the official organisations in India charged with encouraging and governing adoption.
Laxmi Mandal v. Deen Dayal Harinagar Hospital and ABC v. The State (NCT of Delhi) are two case law examples that have had a significant impact on the development of adoption laws and the protection of children during the adoption process. These cases have emphasized the value of adhering strictly to adoption protocols and the requirement to safeguard children’s rights throughout the procedure.[7]
Sponsorship Programmes for Children Under CWC:
A. Definition and Types of Sponsorship:
In order to meet the needs and advance the wellbeing of children in the care of the Child Welfare Committee, some people or organisations choose to sponsor them (CWC). It entails a voluntarily made commitment to give a particular child or a group of kids financial, educational, or emotional support. Financial sponsorship, educational sponsorship, healthcare sponsorship, or a combination of these are examples of sponsorships. [8]
B. Goals and Advantages of Child Sponsorship:
In order to guarantee the holistic development and well-being of children under the CWC’s jurisdiction, sponsorship programmes are essential. They offer vulnerable children vital supplies, such as money for healthcare, education, and other necessities of life. In addition, sponsorship offers direction, mentoring, and emotional support, fostering a sense of stability and belonging for kids who may have gone through trauma or been taken away from their families.
C. CWC’s Programmes and Initiatives for Sponsorship:
To meet the needs of the children in their care, the CWC implements a variety of sponsorship programmes in partnership with governmental and non-governmental organisations. These initiatives seek to fill gaps in crucial services like healthcare, education, and the like. Scholarships, career development programmes, counselling services, and access to leisure activities are just a few examples. Such programmes give kids chances for development, skill improvement, and social integration [9]
D. Role and Responsibilities of Sponsors:
Sponsors play a crucial role in promoting the wellbeing and development of sponsored children in child sponsorship programmes. They might be in charge of helping financially, mentoring, and keeping in touch with the child on a regular basis. The costs of the child’s education, medical requirements, and general personal development are covered by sponsors. They frequently act as encouraging role models for the sponsored child, giving them advice and support. [10]
E. Impact Assessment and Success Stories of Sponsorship Programmes:
The positive results and life-changing effects of sponsorships on children’s lives are demonstrated by impact assessment studies and sponsorship programme success stories. These accounts emphasize how sponsored children have better access to educational opportunities, improved wellbeing, and higher self-esteem. Children have been able to break the cycle of poverty, gain access to a top-notch education, and acquire critical life skills for a better future thanks to sponsorships.
The Supreme Court of India acknowledged the value of sponsorship programmes for the welfare of children in the CWC’s custody in the case of L.K. Pandey v. Union of India. The court emphasized the need for extensive support networks to guarantee these kids’ welfare and growth. [11]
The Juvenile Justice (Care and Protection of Children) Act of 2015 established a legal framework for child sponsorship under the CWC. The Act’s Section 40 emphasises the CWC’s duties in relation to child care and support, including facilitating sponsorships. In addition, Article 27 of the UN Convention on the Rights of the Child (UNCRC) emphasises that every child has the right to an adequate standard of living, which includes having access to resources for their development and financial support [12].
Many groups and sponsors have stepped forward to support a child through sponsorship schemes. These programmes ensure that children’s rights and welfare are upheld and promoted by adhering to the UNCRC and other international standards for child welfare.
Challenges and Issues in Adoption and Sponsorship:
A. Legal and Procedural Challenges:
Legal and procedural difficulties are frequently present during the adoption and sponsorship processes. These could include difficult documentation requirements, drawn-out processes, and murky legal issues. The Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2017, establish the legal framework for adoption in India. The smooth execution of adoption and sponsorship initiatives, however, may be hampered by inconsistent application of these laws and implementation delays [13]
B. Timelines and the Matching Process:
Finding suitable sponsors or adoptive parents for children can be difficult. The matching process involves determining whether the needs of the child and those of the potential adoptive parents or sponsors are compatible. Finding compatible partners can be time-consuming, particularly when there are strict requirements like age, gender, or medical conditions. considered. Children who are waiting to be adopted or sponsored may experience stability and well-being issues as a result of match process delays [14]
C. Stigma and Sociocultural Factors:
Sponsorship and adoption can be stigmatized by society and present challenging issues. In some societies, there may be cultural prejudices against adoption or sponsorship that deter families or individuals from applying to be adoptive parents or sponsors. Unfavorable attitudes, myths, and social pressure could make it harder for children in need to find suitable placements and support. [15]
D. Financial Constraints and Resources:
The implementation of adoption and sponsorship programmes may be hampered by resource limitations and financial constraints. To meet a child’s needs—including those for education, healthcare, and general wellbeing—adequate financial support is required. The reach and effectiveness of adoption and sponsorship initiatives can be constrained by a lack of funding and resources, preventing the provision of critical assistance to children in need.
E. Protection of Children’s Rights and Best Interests:
In the adoption and sponsorship processes, it is extremely difficult to ensure the protection of children’s rights and best interests. It necessitates adherence to legal provisions, rules, and regulations that place a high priority on the welfare and well-being of children. It is crucial to safeguard their rights to privacy, family, education, and safety from abuse or exploitation of any kind. For practises to be ethical and child-centred, all children must be treated equally with regard to the interests and preferences of potential adoptive parents or sponsors. [16]
Stakeholders, including government authorities, child welfare organisations, NGOs, and civil society, must work together to address these issues. Enhancing the effectiveness and efficiency of adoption and sponsorship programmes requires strengthening the legal framework, streamlining processes, increasing awareness, and providing adequate resources.
Policy and Legal Reforms:
The adoption and sponsorship systems must be improved through policy and legal changes that prioritise safeguarding the rights and welfare of children under the jurisdiction of child welfare committees (CWCs). Policymakers can pinpoint areas that need reform and suggest necessary legislative amendments and policy enhancements by thoroughly reviewing the current laws, regulations, and reports. This entails addressing legal and procedural issues, enhancing accountability and monitoring systems, and harmonizing national standards and conventions with those found abroad. India can develop a more effective system that is centred on the needs of children and prioritizes their welfare and best interests by putting these reforms into place.[17]
A. Review of Existing Adoption and Sponsorship Laws and Guidelines:
It is essential to review current adoption and sponsorship laws and regulations in order to determine their effectiveness, spot any gaps, and suggest any necessary reforms. The Law Commission of India’s “Study on Adoption Laws and Processes”[18] [1] and the Central Adoption Resource Authority’s (CARA) “Status of Adoption in India”[19] both offer insightful analyses of the current legal system and how it is put into practise.
B. Legislative Reform and Policy Improvement Suggestions
To address the identified gaps and challenges, proposals for legislative reforms and policy enhancements can be developed based on the review. There are suggestions in the Law Commission report [1] for streamlining the adoption process and amending the Juvenile Justice (Care and Protection of Children) Act, 2015. Reports from NGOs and UNICEF that work in the area of child welfare also offer useful suggestions for improving policy.
C. Improving Mechanisms for Accountability and Monitoring:
The efficient application of adoption and sponsorship policies is ensured in large part by accountability and monitoring systems. The CARA guidelines [20]establish the framework for overseeing adoption agencies and making sure they adhere to the law. Furthermore, legal precedents like L.K. Pandey v. Union of India[21] have emphasized the importance of adhering strictly to procedural rules and the best interests of the child.
D. International Adoption and Sponsorship Conventions and Standards:
Guidelines and benchmarks for adoption and sponsorship practises are provided by international conventions and standards. Guidelines for international adoption are outlined in the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, which also fosters international cooperation. In order to protect the rights and welfare of children, reports from organisations like UNICEF and the International Social Service (ISS) emphasize how crucial it is to uphold these conventions.
The existing laws, regulations, and reports must be thoroughly understood in order to implement policy and legal reforms in the areas of adoption and sponsorship. The best interests of children in need of adoption or sponsorship can be guaranteed by policymakers by incorporating recommendations from reports, case law, and international conventions.
Conclusion
Although adoption and sponsorship can significantly improve children’s welfare, there are a number of difficulties and problems that must be resolved. In order to ensure a streamlined and effective process, the paper first highlights the significance of reviewing and revising current laws and regulations. Establishing precise eligibility standards for adoptive parents and sponsors while taking the child’s best interests into account is essential.
The paper also emphasises the necessity of joint initiatives between CWCs, the government, NGOs, and society at large. This cooperation can aid in the creation of thorough regulations, efficient oversight procedures, and sufficient funding for adoption and sponsorship initiatives.
Looking ahead, it is advised to concentrate on future directions like improving awareness campaigns, fostering research and data gathering, and offering crucial support services for adoptive families and sponsors. Additionally, improving communication and collaboration among all concerned parties will promote a more unified and effective system.
In conclusion, ongoing commitment, cooperation, and continual improvement are necessary for the successful implementation of adoption and sponsorship programmes. We can ensure better outcomes for underprivileged children and build a culture where their welfare is given priority by addressing the identified issues and putting the suggested reforms into practise.
References
- Adoption Regulations, 2017. Central Adoption Resource Authority (CARA). Accessed from: http://cara.nic.in/
- The Juvenile Justice (Care and Protection of Children) Act, 2015.
- The Juvenile Justice (Care and Protection of Children) Act, 2000.
- The Hindu Adoption and Maintenance Act, 1956.
- The Guardians and Wards Act, 1890.
- National Policy for Children, 2013. Ministry of Women and Child Development, Government of India.
- Report on Adoption and Foster Care Services in India. National Commission for Protection of Child Rights (NCPCR).
- Child Adoption in India: A Comprehensive Study at https://thelawbrigade.com/family-law/child-adoption-in-india-a-comprehensive-study/
- Adoption Under Various Laws in India by Harimaathu at https://www.legalserviceindia.com/legal/article-10623-adoption-under-various-laws-in-india.html
- Adoption under Indian Law by Hindu and Muslim Parents at https://www.freelaw.in/legalarticles/Adoption-under-Indian-Law-by-Hindu-and-Muslim-Parents
- Adoption in India at https://www.rksassociate.com/adoption-law-in-india/
- Child Adoption laws in India (2019) By Advocate Chikirsha Mohanty at https://lawrato.com/indian-kanoon/family-law/child-adoption-laws-in-india-2019-492
- Adoption in India by Sri Vaishnavi.M.N at https://blog.ipleaders.in/adoption-in-india/
- Assimilation of Sponsorship Schemes and Integrated Child Protection Services (ICPS) : A need for a Paradigm Shift, Journal of Society in Kashmir 11(1) 178-187 ISSN: 2249-667X at http://sociology.uok.edu.in/Files/c2d3b27 8-4cf7-49a5-9525- af5e352f2900/Journal/650a1f46-bc71-4bb4- 82be-ac451a7cd827.pdf
- ADOPTION LAWS IN INDIA: TRACKING ITS ROOTS PRE AND POST THE JUVENILE JUSTICE ACT at https://thelawstudentsnetwork.wordpress.com/2018/11/27/adoption-laws-in-india-tracking-its-roots-pre-and-post-the-juvenile-justice-act/
[1] Juvenile Justice (Care and Protection of Children) Act, 2015
[2]Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
[3] The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(2)
[4] Ibid., Section 41.
[5] Ibid., Section 56.
[6] The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56
[7] Laxmi Mandal v. Deen Dayal Harinagar Hospital, (2008) 6 SCC 576; ABC v. The State (NCT of Delhi), (2015) 10SCC 1
[8] The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 40
[9] UNCRC, Article 27.
[10] Ibid., Article 18.
[11] L.K. Pandey v. Union of India, AIR 1984 SC 153
[12] UNCRC, Article 27.
[13] The Juvenile Justice (Care and Protection of Children) Act, 2015
[14] Adoption Regulations, 2017.
[15] R. M. Malkani v. State of Maharashtra, 1996 (3) BomCR 158
[16] UNCRC, Article 21.
[17] Child adoption and sponsorship module https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S001608/P001809/M027686/ET/1520852074ChildAdoptionmoduleI.pdf
[18] Law Commission of India, “Reforms in Guardianship and Custody Laws in India,” Report No. 257 (2015)
[19] Statistics of Central Adoption Resource Authority (CARA), “Status of Adoption in India” (2020).
[20] Annual report of Central Adoption Resource Authority (CARA), “Guidelines Governing Adoption of Children” (2015-16) and guidelines at https://mphc.gov.in/PDF/JuvenileJustice/j3-060314.pdf
[21] L.K. Pandey v. Union of India, W.P. (C) No. 276/2009
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