POWERS, FUNCTIONS AND RESPONSIBILITY OF CHILD WELFARE COMMITTEE

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This article is written by Abeer Rakesh Wasnik Maharashtra National Law University Nagpur

ABSTRACT

The Powers, Functions, and Responsibilities of Child Welfare Committees (CWCs) hold significant importance in safeguarding the rights and well-being of children in need of care and protection. This research paper aims to examine the various aspects of CWCs and their role in ensuring the welfare of vulnerable children. By conducting a comprehensive analysis of relevant literature, this study sheds light on the powers vested in CWCs, their functions, and the responsibilities they bear. The composition of CWCs, consisting of both judicial and non-judicial members, is explored, along with an evaluation of their qualifications and expertise. The paper critically examines the rationale behind such composition and the impact it has on the effective functioning of the committees. Moreover, the decision-making process within CWCs is analysed to understand how their composition influences the outcomes for children in need of care and protection.

The research also emphasizes the importance of specialized knowledge and expertise within CWCs, particularly in areas such as child psychology, social work, and child rights advocacy. The inclusion of professionals from these fields in the composition of CWCs can contribute to informed decision-making and ensure a child-centric approach to handling cases. The study finds that a fair and effective child welfare system requires CWCs to possess adequate powers, well-defined functions, and a clear understanding of their responsibilities. The paper concludes by highlighting the significance of continuous capacity building, training programs, and regular monitoring to enhance the functioning and effectiveness of CWCs in fulfilling their duties towards vulnerable children.

Keywords: Powers, Functions, Responsibilities, Child Welfare Committee (CWC), Rights and well-being of children, Vulnerable children, Literature review, Statutes, Case laws, Judicial members, non-judicial members, Qualifications and expertise, Composition, Decision-making process, Outcomes for children, Child psychology, Social work, Child rights advocacy, Specialized knowledge, Informed decision-making, Child-centric approach, Capacity building, Training programs, Monitoring.

INTRODUCTION

Child welfare is an issue of paramount importance in any society, reflecting its commitment to protecting and nurturing its most vulnerable members. Children, being the future of a nation, deserve special attention and care. To safeguard their rights and well-being, governments across the globe have established various mechanisms, including the formation of Child Welfare Committees (CWCs). These committees play a pivotal role in ensuring the proper protection, development, and rehabilitation of children in need of care and protection. The research paper aims to comprehensively examine the critical roles and responsibilities of these committees, shedding light on the powers they possess and the functions they perform. By understanding the powers bestowed upon CWCs, their decision-making capabilities, and the overall responsibility they carry, policymakers and stakeholders can enhance their effectiveness in safeguarding children’s rights.[1]

The primary objective of CWCs is to provide a safe and nurturing environment for children who are victims of abuse, neglect, abandonment, or exploitation. These committees, constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015, have been entrusted with the authority to protect children’s rights and act in their best interests. The powers of CWCs encompass a wide range of functions, including but not limited to, receiving and processing complaints, conducting inquiries, providing interim care and protection, and ensuring the child’s rehabilitation and reintegration into society.

This research paper will explore the multifaceted functions of CWCs, including their crucial role in child protection, rehabilitation, and adoption procedures. It will delve into the decision-making processes employed by these committees, examining the factors considered while determining the best interests of the child. The responsibilities of CWCs extend beyond immediate care and protection. They also contribute significantly to policy development, advocacy, and awareness-raising activities related to child rights and welfare. By analysing these responsibilities, this research paper seeks to provide valuable insights into the comprehensive roles played by CWCs in shaping child protection systems and influencing policy interventions. the research paper serves as a comprehensive exploration of the pivotal role these committees play in safeguarding the rights and well-being of vulnerable children. By shedding light on their powers, functions, and responsibilities.[2]

OBJECTIVES

To examine the legal framework and statutory provisions that define the powers and functions of Child Welfare Committees (CWCs) in different jurisdictions.
To analyse the decision-making processes employed by CWCs in determining the best interests of the child, considering factors such as safety, well-being, and long-term outcomes.
To explore the range of functions performed by CWCs, including receiving and processing complaints, conducting inquiries, providing interim care and protection, and ensuring the child’s rehabilitation and reintegration into society.
To contribute to the existing body of knowledge on child welfare by providing a comprehensive understanding of the roles and responsibilities of CWCs, thereby facilitating evidence-based decision-making and policy development in the field.
To raise awareness among policymakers, practitioners, and the general public about the importance of CWCs and the need for their effective functioning to ensure the protection and well-being of vulnerable children.

ANALYSIS

Child Welfare Committees (CWCs) play a critical role in ensuring the protection, care, and rehabilitation of vulnerable children. These committees are established under the Juvenile Justice (Care and Protection of Children) Act, 2015, in many jurisdictions. The powers, functions, and responsibilities of CWCs are crucial in safeguarding the rights and well-being of children in need. This essay aims to provide detailed information on the powers, functions, and responsibilities of CWCs, highlighting their significance in promoting child welfare.[3]

1. Legal Framework and Statutory Provisions:

The powers and functions of CWCs are defined within a legal framework that varies across jurisdictions. In India, CWCs are constituted under the Juvenile Justice Act, which provides a statutory basis for their authority. The Act outlines the composition, jurisdiction, and procedures of CWCs. It empowers them to receive and process complaints related to child abuse, neglect, abandonment, or exploitation. CWCs have the authority to conduct inquiries and make decisions in the best interests of the child. The Act also provides guidelines for the appointment and qualification of CWC members, ensuring that they possess the necessary expertise and sensitivity to address the needs of children. The legal framework establishes CWCs as autonomous bodies with the power to take necessary actions to protect children and promote their well-being.

2. Decision-Making Processes:

CWCs are responsible for making crucial decisions regarding child care and protection. Their decision-making processes are centred around the best interests of the child, which serves as the primary guiding principle. While determining the best interests, CWCs consider multiple factors, such as the child’s safety, well-being, physical and emotional needs, education, health, and the child’s views and preferences. This holistic approach ensures that the child’s overall development and long-term outcomes are taken into account.

CWCs conduct thorough assessments and inquiries to gather relevant information. They may interact with the child, parents or guardians, witnesses, professionals, and other stakeholders involved in the case. Based on the collected evidence, they make informed decisions that aim to protect the child’s rights and promote their well-being.[4]

3. Functions of Child Welfare Committees:

The functions of CWCs are diverse and multifaceted. Firstly, they receive and process complaints related to child rights violations. These complaints may be filed by concerned individuals, organizations, or even the child themselves. CWCs play a critical role in ensuring that these complaints are treated seriously, promptly investigated, and appropriate action is taken. CWCs are also responsible for conducting inquiries into cases of child rights violations. This includes assessing the nature and extent of abuse or neglect, gathering evidence, and making recommendations for intervention. The inquiries are conducted in a child-friendly manner, ensuring the child’s privacy and protection.

One of the primary functions of CWCs is to provide interim care and protection to children in need. When a child is found to be in a situation of abuse, neglect, or exploitation, CWCs have the authority to remove the child from the harmful environment and provide them with safe and suitable temporary placements. This can include placing the child in children’s homes, specialized institutions, or foster care arrangements. In addition to interim care, CWCs are responsible for the rehabilitation and reintegration of children into society. They develop rehabilitation plans and oversee their implementation, ensuring that the child receives necessary support, education, healthcare, and counseling. CWCs actively work towards family reunification whenever possible, aiming to restore the child’s ties with their biological family.

CWCs also play a significant role in adoption procedures. They assess the suitability of prospective adoptive parents, conduct home studies, and provide oversight during the adoption process. CWCs ensure that adoption decisions are made in the best interests of the child, considering factors such as the child’s background, preferences, and the prospective parents’ ability to provide a nurturing and stable environment.[5]

4. Coordination and Collaboration:

Effective coordination and collaboration among CWCs and other stakeholders are vital for comprehensive child welfare. CWCs work in close coordination with various entities, including law enforcement agencies, social welfare departments, healthcare professionals, schools, and non-governmental organizations (NGOs). Such collaboration ensures a multidisciplinary approach to child welfare, leveraging the expertise and resources of different stakeholders.

CWCs collaborate with law enforcement agencies in reporting and investigating cases of child abuse or exploitation. They provide valuable insights and support during legal proceedings, ensuring that the child’s interests are protected. Social welfare departments collaborate with CWCs to provide necessary resources and support for the rehabilitation and reintegration of children into society. Collaboration with healthcare professionals is crucial for assessing and addressing the physical and mental health needs of children in need. CWCs work closely with schools to ensure that children have access to education and to address any issues related to their schooling. NGOs often complement the efforts of CWCs by providing additional support services, counselling, and advocacy for child rights.

5. Challenges and Responsibilities:

CWCs face various challenges in fulfilling their responsibilities. Limited resources, understaffing, and heavy caseloads often strain their ability to provide prompt and effective interventions. The workload of CWC members can be overwhelming, leading to potential delays in decision-making and response. CWCs must navigate complex legal procedures while prioritizing the child’s immediate safety. They are responsible for ensuring that the child’s rights are protected throughout the process and that due process is followed. Striking a balance between immediate intervention and adherence to legal requirements can be challenging.

Another important responsibility of CWCs is to protect children from revictimization. They must ensure the child’s privacy and confidentiality during inquiries and legal proceedings, taking necessary measures to prevent any further harm or trauma. Moreover, CWCs have a broader responsibility beyond immediate care and protection. They contribute to policy development, advocacy, and awareness-raising activities related to child rights and welfare. CWCs actively participate in forums, seminars, and campaigns to raise awareness about child rights, abuse prevention, and the importance of child welfare.

6. Notable Decisions and Impact:

CWCs have made several notable decisions that have had a significant impact on the lives of children. These decisions often involve the rescue and rehabilitation of child laborers, victims of trafficking, and children facing exploitation. CWCs have the authority to order the immediate removal of children from hazardous or exploitative situations and ensure their placement in safe and nurturing environments.

CWCs have facilitated the adoption of orphaned or abandoned children, providing them with loving families and stable homes. They oversee the adoption process, ensuring that it is carried out ethically and in the best interests of the child. Such decisions have transformed the lives of countless children, offering them a chance at a brighter future.[6]

7. Strengthening CWCs:

To enhance the powers, functions, and effectiveness of CWCs, various measures can be considered. Adequate funding and resources must be allocated to ensure their smooth functioning. CWCs should be equipped with the necessary infrastructure, staffing, and training to handle their responsibilities effectively. Regular capacity building programs and training for CWC members are essential to keep them updated with child protection laws, best practices, and emerging issues. Training should focus on areas such as child psychology, child rights, trauma-informed care, and legal procedures. Continuous professional development opportunities will enable CWC members to make informed decisions and ensure quality interventions.

Collaboration and coordination among stakeholders should be further strengthened. Regular meetings and consultations between CWCs, law enforcement agencies, social welfare departments, healthcare professionals, schools, and NGOs should be encouraged to promote information sharing, coordinated interventions, and effective support for children in need. The role of technology in supporting CWCs should also be explored. Implementing case management systems can streamline data management, tracking, and monitoring of cases. This can facilitate better coordination among stakeholders, enable the sharing of information, and improve the overall efficiency of CWCs.

Research and evaluation studies can provide valuable insights into the impact and effectiveness of CWC interventions. These studies can guide evidence-based decision-making and policy reforms, ensuring that CWCs continuously adapt and improve their practices to better serve the needs of children.

CONCLUSION

Child Welfare Committees hold significant powers, functions, and responsibilities in ensuring the protection, care, and rehabilitation of vulnerable children. They play a crucial role in investigating complaints, conducting inquiries, and making decisions in the best interests of the child. The coordination and collaboration between CWCs and other stakeholders are essential for comprehensive child welfare. Despite the challenges they face, CWCs continue to make significant contributions to child protection and welfare. Strengthening their powers, functions, and resources will further enhance their ability to create a safe and nurturing environment for children in need. By prioritizing the well-being of children and advocating for their rights, CWCs serve as crucial actors in building a society that values and protects its most vulnerable members.

[1] THE NATIONAL COMMISSION FORPROTECTION OF CHILD RIGHTS, CHILD WELFARE COMMITTEESIN INDIA, 20, https://www.academia.edu/6825476/CHILD_WELFARE_COMMITTEES_IN_INDIA_A_comprehensive_Analysis_Aimed_at_Strengthening_the_Juvenile_Justice_System_for_Children_in_Need_of_Care_and_Protection

[2] Indrašienė, Valdonė & Merfeldaite, Odeta. (2012), “Evaluation of the activity of the child welfare commission in pursuance of the minimal care of the child.”, RESEARCHGATE, https://www.researchgate.net/publication/273750285_Evaluation_of_the_activity_of_the_child_welfare_commission_in_pursuance_of_the_minimal_care_of_the_child, Accesed on June 13^th 2023

[3] Huma Faheem Ansari, SIGNIFICANCE OF CHILD WELFARE COMMITTEE IN INDIA, VOL. 2 ISSUE 2, Journal of Legal Research and Juridical Sciences, https://jlrjs.com/wp-content/uploads/2023/02/19.-Huma-Faheem-Ansari.pdf, Accessed on June 14^th 2023