The Child Welfare Committee (CWC) ,
Rangareddy
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Child Welfare Committee.― There shall be a Child Welfare Committee in
every district, which shall be constituted by the
State Government through a notification in the Official Gazette as per sub-section
(1) of section 29 of the Act. |
It is the sole authority to deal with matters concerning children in need of care and protection. A Committee has to be constituted for each district or group of districts, and consists of a chairperson and 4 other persons one of whom at least should be a woman.
The committee has the final authority to dispose of cases for
the care, protection, treatment, development and rehabilitation of the
children as well as to provide for their basic needs and human rights. A
child rescued from hazardous occupation, brothel, abusive family or other
such exploitative situation must be produced before the CWC who will conduct
an inquiry to ensure optimum rehabilitation with minimal damage to the child.
Children in need of care and protection are sent directly to the
children’s home by the Child Welfare Committee that passes necessary orders
for their rehabilitation, restoration and social re-integration. As a part of
Child Welfare Committee is playing Important role in Rangareddy District
The Juvenile Justice System
Prior to 1986, each State in India had its own enactment on
Juvenile Justice with children being treated differently by different State
legal systems. The Union Parliament of India passed its first central
legislation on Juvenile Justice with the JJ Act of 1986. A uniform law was thus
established, with India being the only country in the world to have a juvenile
justice law that covers both children in need of care and protection and
children who come in conflict with law. With the passing of this Act, ensuring
protection for children in difficult circumstances i.e. children in need of
care and protection, came to be viewed for the first time as an integral part
of social justice as also the justice delivery system. The JJ Act 1986 however
discriminated against boys in terms of age, with the scope of the Act extending
up to eighteen years for girls but only sixteen years for boys.
In the year 2000, this 1986 law was repealed and the Juvenile
Justice (Care and Protection of Children) Act, 2000 came into being. It was
amended in 2006 to build in minimum standards of care and protection as part of
justice delivery and to strengthen the existing child protection mechanisms.
The Act underwent further amendment in 2010 to end the segregation of
disease-hit children from other occupants within child care institutions. This
JJ Act of 2000, with amendments made in 2006 and 2010 continues to be followed
to this date.
The JJ (C & CP) Act 2000, as amended in 2006 and 2010,
internalises the Constitution of India (as prescribed in article 15 (3),
article 39 (e) and (f), articles 45 and 47); the United Nations Convention on
the Rights of the Child, 1989; the UN Standard Minimum Rules for
the Administration of Juvenile Justice, 1985 (“the Beijing
Rules”); the UN Rules for the Protection of Juveniles Deprived of their
Liberty, 1990; the UN Guidelines for the Prevention of Juvenile Delinquency,
1990 (“The Riyadh Guidelines”); the UN Standard Minimum Rules for Non-custodial
Measures, 1990 (“The Tokyo Rules”); and many other international
conventions/treaties and instruments.
The current JJ Act is a highly progressive legislation that
has as its primary focus, the principle of best interest of the child. All
children below age eighteen years fall within the scope of this Act. It
provides for appropriate care and protection by catering to the child’s needs
and rights; it adopts a child-friendly approach in the adjudication and
disposition of child cases.
The Act follows a two pronged approach with the Juvenile
Justice Boards (JJBs) being the competent authority for Children in Conflict
with Law (CICL) and Child Welfare Committees (CWCs) being the competent
authority for Children in Need of Care and Protection (CNCP). CICL includes
children who have engaged in deviant or criminal behaviour. CNCP includes
working children, children engaged in begging, children living on streets,
victims of child marriage, child victims of physical/ sexual abuse, trafficked
minors, mentally/ physically challenged children, children affected by HIV/
AIDS, children who are missing or have run away from home, children who have
been abandoned or neglected, children harmed by natural disasters or man-made
disasters like armed conflicts, earth quakes, floods etc. For both CNCP as well
as CICL, there are provisions for rehabilitative placement and protection with
due process. The 2000 Act expands the scope of CNCP rehabilitation to include
family and community based alternative care options such as Sponsorships and
Foster Care, as opposed to the previously practiced sole alternate care option
of institutionalization. The focus of the Juvenile Justice Law in India, as it
currently stands, is centred on protection of the dignity of the child and
ensuring access to child rights, protection and rehabilitation through State
responsibility and action.
In 2007, the Ministry of Women and Child Development framed
the Juvenile Justice Rules (hereinafter referred to as the Model Rules),
further elaborating the functions of the Committees and Boards. It should be
noted that though CWCs and JJBs are constituted as
per the Central Act, they function within the State according
to the rules framed by the State government, which can vary from state to
state. Every State has framed rules based on the JJ Act enacted in 2000. The
amendment to the Act in 2006 however again necessitated framing of rules by the
individual State governments. Many State governments though are yet to
formulate the revised Rules. Until such a time that the new Rules are
formulated by the individual States, the law requires that the Model Rules be
implemented by the respective CWCs and JJBs.
Having presented a brief outline on the structure and
functioning of the Juvenile Justice System in India, the focus is being
directed to the main subject of this research study i.e. the CWC which as
explained above, functions within the JJS.
Powers and Functions of Child Welfare Committees
The CWC is a statutory authority with its members being
executive appointees. As one of its most progressive features, the Act mandates
the participation of civil society in CWC membership.
Section 31 (1) of the JJ act empowers the CWC to be the final
authority in disposing cases for the care, protection, treatment, development
and rehabilitation of the children as well as to provide for their basic needs
and protection of human rights. CWCs therefore have the sole authority to deal
with matters concerning CNCP.
Further, as per Section 29 (5) of the JJ Act, the CWCs are to
function as a Bench of Magistrates. The powers of the CWC are equivalent to the
powers held by a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of the first class as conferred by the Code of Criminal Procedure
(CrPC) 1973 (2 of 1974). It is important to point out here that CWC members
hold this power only as a bench and not on an individual basis. CWCs are to use
their discretion when addressing the unique circumstances of each child brought
before them, so as to ensure that the concerned child receives adequate care,
protection and/ or rehabilitation.
The
various functions and powers of the CWC are presented in Section 25 of
the Model Rules. These are as follows:
- · Take cognizance of and receive children produced before the Committee· Decide on the matters brought before the Committee· Reach out to such children in need of care and protection who are not in a position to be produced before the Committee, being in difficult circumstances, with support from the District Child Protection Unit or State Child Protection Unit or the State Government;· Conduct necessary inquiry on all issues relating to and affecting the safety and well being of the child· Direct the Child Welfare Officers (CWOs) or Probation Officers (POs) or non-governmental organisations to conduct social inquiry and submit a report to the Committee· Ensure necessary care and protection, including immediate shelter· Ensure appropriate rehabilitation and restoration, including passing necessary directions to parents or guardians or fit persons or fit institutions in this regard, in addition to follow-up and coordination with District Child Protection Unit or State Adoption Resource Agency and other agencies· Direct the Officer-in-charge of children’s homes to receive children requiring shelter and care· Document and maintain detailed case record along with a case summary of every case dealt by the Committee· Provide a child-friendly environment for children· Recommend ‘fit institutions’ to the State Government for the care and protection of children· Declare ‘fit persons’· Declare a child legally free for adoption· Keep information about and take necessary follow-up action in respect of missing children in their jurisdiction· Maintain liaison with the Board in respect of cases needing care and protection· Visit each institution where children are sent for care and protection or adoption at least once in three months to review the condition of children in institutions, with support of the State Government and suggest necessary action· Monitor associations and agencies within their jurisdiction that deal with children in order to check on the exploitation and abuse of children· Co-ordinate with the Police, Labour Department and other agencies involved in the care and protection of children with the support of District Child Protection Unit or State Child Protection Unit or State Government· Liaison and network with the corporate sector and non-governmental organisations for any of the above, including for social inquiry, restoration and rehabilitation, as and when required· Maintain a suggestion box to encourage inputs from children and adults alike and take necessary action.
Some limitations to the
powers of the CWC include:
·
CWC cannot issue orders without a quorum of at
least three members including Chairperson
·
CWC does not have the jurisdiction to deal with
children in conflict with law
·
CWC does not have the authority to declare ‘fit
institutions’. It can only recommend ‘fit institutions’ to the State
Government.
·
CWCs can only declare a child legally free for
adoption. The subsequent legal process of adoption is the purview of the
judiciary. The CWC does not have the power to directly place children in
adoption
·
In custodial conflict cases, CWCs cannot pass
orders for the child’s custody, the powers of which are vested with the
judiciary. CWCs can only provide for the care and protection of the child in
such matters.
·
With an
understanding of the JJS and CWC mechanisms in place, it is now possible to
move on to the crux of the study – the data analysis. However, before doing so,
it is important that the methodology of the current study be specified and
elaborated upon.
