CHILD WELFARE COMMITTEE

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2 years ago

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This article is written by S. Simi Sthebiya Mary of sathyabama institute of science and technology an intern under legal vidhiya.

ABSTRACT-

The main law in India for kids who have been charged with breaking the law and are in need of care and protection is the Juvenile Justice (Care and Protection of Children) Act of 2015. The Act calls for dispute resolution procedures that are child-friendly and prioritise the interests of the child. A number of institutional and non-institutional methods for children’s rehabilitation and social reintegration are also included in the Act. Every district must establish one or more Child Welfare Committees in order to exercise its authority and carry out its obligations with regard to children who require care and protection. The members of this committee include a chairperson, four others who, in the opinion of the State Government, are qualified for appointment, at least one of whom should be a woman, and the other of whom should preferably be an authority on issues pertaining to children.

INTRODUCTION-

The Act became effective on January 15, 2016, and on September 21, 2016, the Model Rules under the Act were notified. Fundamental tenets for the care and protection of children are outlined in chapter two of the Act and serve as a guide for its provisions. These include the presumption of innocence principle, which states that all children up to the age of 18 are to be presumed innocent of any criminal intent, the principle of natural justice, the principle of participation, the principle of best interests, the principle of equality and non-discrimination, and the principle of the right to privacy and confidentiality.

KEY WORDS-

Child welfare committee, juvenile justice, care and protection, women, children

DEFINITION-

The Child Welfare Committee is a self-governing organisation authorised as a competent authority to deal with children in need of care and protection, according to Section 27 of Chapter V of the Juvenile Justice (Care and Protection of Children) Act, 2015. To exercise the authority and carry out the duties allocated to children in need of care and protection, each district must have one or more Children’s Welfare Committees. The Committee is made up of a Chairman and four other eligible National Government members, one of which must be a woman and the other an expert in child matters.

According to Section 27(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, State Governments must make sure that all members of the Child Welfare Committee receive training and sensitization in child care, protection, rehabilitation, legal rights, and justice within two months of their appointment. A candidate for the Committee must be a practising professional with a degree in child psychology, psychiatry, law, social work, sociology, or human development, or they must have been actively involved in child health, education, or welfare activities for at least seven years.

THE CHILD WELFARE COMMITTEE’S AUTHORITY-

For matters regarding the treatment, care, and protection of children, the Committee is solely responsible.
Providing for the children’s basic requirements and security, as well as their development, rehabilitation, and safety, may be discussed by the Committee.
When a Committee is established for a particular area, it has the power to exclusively handle any cases brought under this Act’s provisions that pertain to children in need of care and protection.
The Committee shall not, in the exercise of the powers vested in it by this Act, take any action that would constitute a violation of any other provision of law then in force.

THE CHILD WELFARE COMMITTEE’S DUTIES-

Children who have experienced abuse or neglect must show up in front of the Committee. The Committee should also be made aware of the kids who are being brought in.
To do research to establish who is qualified to look after youngsters that require protection and care.
To instruct District Child Protection Units, Non-Governmental Organisations, and Child Welfare Officers to carry out social investigations and report their findings to the Committee.
This Act mandates the conducting of an investigation into issues pertaining to and having an impact on the safety and wellbeing of children.
To verify the parents’ performance of the surrender deed and make sure they are given time to reflect on their choice and reconsider in order to maintain the family unit.
To provide children who need care and protection with such care and protection, restoration, and appropriate rehabilitation. This is decided by the child’s particular care plan. Giving necessary directions to parents, guardians, fit adults, and children’s homes or fitness centres is also included in this.
Declare orphans, abandoned, or surrendered children to be lawfully available for adoption following a comprehensive investigation.
To work together with other divisions involved in the upbringing and protection of children. The police, the employment department, and other organisations are among these. Investigate the allegations of child abuse and provide advice to the District Child Protection Unit or the police.

OPEN SHELTER-

Open Shelter Homes are managed either directly by the State Government or by a Non-Governmental Organisation. Children are given short-term residential facilities in these homes so they can be safeguarded from dangerous situations and abuse. The NGO in Tarn Taran District is in charge of managing one Open Shelter Home. These shelters won’t replace the children’s current institutional care services; instead, they are designed to provide temporary living quarters for them. The main goal is to give them an education, establish families for those who don’t have any, and bring together those who have.

OBJECTIVES-

Using sustainable interventions, free the kids from their current toxic lifestyle and build a secure environment.
Mentor these kids to avoid high-risk and socially-dangerous actions.
Give them educational chances, and develop their talent and potential
Reunite these kids with their family, other carers, and the community
Keep an eye on these kids regularly to make sure they don’t revert to their old habits.

THE COMMITTEE’S AUTHORITY AND DUTIES –

Observe and accept the children brought before the Committee.
With assistance from the District Child Protection Unit, State Child Protection Unit, or the State Government, reach out to such children in need of care and protection who are unable to appear before the Committee due to their challenging circumstances.
Make the necessary inquiries into all matters affecting the child’s safety and well-being.
Ask non-governmental organisations, child welfare officers, or probation officers to perform social research and submit a report to the committee. Assure the required safety and care, including emergency shelter.
Keep in touch with the State Child Protection Society, Child Right Commissions, and Juvenile Justice Board on cases that require care and protection.
Maintain relationships and networks with business entities and non-governmental organisations for any of the aforementioned purposes, including social research, restoration, and rehabilitation, as and when necessary.
Together with the assistance of the District Child Protection Unit, State Child Protection Society, or State Government, coordinate with the Departments of Social Welfare, Home, Labour, Education, Health, and other Organisations involved in the care and protection of Children.
Check for child exploitation and abuse by keeping an eye on organisations and agencies within their jurisdiction that deal with children.
Keep a suggestion box in order to solicit feedback from both youngsters and adults and to take the necessary measures.

PLACE OF SAFETY-

These are designed to put a person over the age of eighteen or a minor in trouble with the law who is between the ages of sixteen and eighteen and has been charged with or found guilty of committing a horrific crime. Every safe place offers special provisions and accommodations for the stay of these kids or people during the investigation process as well as kids or people who have been found guilty of a crime.

According to Section 2(46) of the JJ Act of 2015, a “place of safety” is any location or institution that is not a police lockup or jail and that has been set up separately or connected to an observation home or a special home, depending on the situation, and whose administrator is willing to accept and care for children who have been accused of or found to be in violation of the law during an investigation and after being found guilty.

Additionally, the categories of Place of Safety are as follows, in accordance with Rule 29 (1) (iii) of the JJ Model Rules, 2016-

For minors aged 16 to 18 who are accused of committing heinous crimes while an investigation is ongoing; for minors aged 16 to 18 who are discovered to have been involved in heinous crimes after the investigation is finished; and for adults aged 18 or older who are accused of committing crimes while younger than 18 while an investigation is ongoing.
For adults who, once an investigation is complete, are discovered to have committed a crime.
For children in accordance with the Board’s orders under subsection (1), paragraph (g), of section 18 of the Act. This facility was established to meet the distinct and unique requirements of a certain group of children, not to house any youngster entering the juvenile court system. Consequently, it is also understood that children who are in legal trouble, particularly those who are suspected of committing or found to have done so, are those who are most vulnerable and who require specialised, targeted interventions that would ensure their emotional, physical, social, and economic well-being.

FEATURES-

This institution will be considered a Child Care Institution (CCI) and subject to all rules and regulations established for CCIs by the Act and its implementing rules.
It must be kid-friendly and in no way resemble a prison or a locked room.
To be built separately or in conjunction with an observation home or a unique dwelling.
A facility where minors are incarcerated pursuant to a Juvenile Justice Board or Children’s Court order for the duration and purposes specified in the order.
To house both categories of minors, i.e., those who are accused of committing an offence and an investigation is still underway and those who have been found guilty after the investigation is finished.
A location where legally required safe housing and/or rehabilitative services are offered. Although the Place of Safety can be a segregated setting, it ought to offer all necessary assistance for the child’s rehabilitation in accordance with his or her best interests. for the placement of kids who have allegedly committed or have been found to have committed severe crimes, kids who, regardless of the crime, have not been given bail, or kids whose cases have been submitted to the Children’s Court after the Board’s evaluation.
A place of safety for children up until the age of 21, at which point they must be moved, on the instructions of the Children’s Court, to an adult detention centre or jail.

GUIDELINES FOR CARE-

The standards of care for Place of Safety must be the same as those that apply to other child care institutions, just like the infrastructure and other provisions. These include, among other things, requirements for uniforms, bedding, toiletries, sanitation, and hygiene; safety and security precautions like CCTV cameras and fire extinguishers; emergency contact numbers; documentation; nutrition; professional development; education; healthcare; safeguards against abuse (Childline 1098; grievance and complaint mechanisms; leisure activities; etc.); and so forth.
Therefore, even if the Place of Safety is a standalone building that is not connected to an Observation or Special Home, it should offer all necessary services for the child’s rehabilitation in their best interest.
The management and children’s committees, which are required by the JJ Act of 2015 to oversee CCI administration, track each child’s development, and guarantee kid participation, must both be in existence at the existence of Safety.
A Child Protection Policy (CPP), which must be in place and visible throughout the CCI facilities, must also be in place and be signed by all staff members. This needs to involve checking the credentials of every employee and keeping an eye on who enters and leaves CCI.

CONCLUSION-

The goal of child protection is to safeguard children from any threat real or imagined that could endanger their lives or childhood. It emphasises lowering their susceptibility to injury of any kind and making sure that no child is left outside of the social safety net. Those kids who do should have the care, security, and moral support they need to get back to safety. The Child Welfare Committee aims to give the kids this kind of attention. Living in an abusive household or even just a climate of neglect can cause serious psychological harm that, in some situations, might further develop criminalistic impulses. The first step to ensuring that the children of our society grow up to be adults we can all be proud of is acknowledging the horrible conditions children can be caught in and pledging to get them the aid and care they deserve.

REFERENCES-

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