Child Welfare Committee (CWC)

Child Welfare Committee (CWC)

Subject – Governance

Context – Covid-19 has devastated many lives and it is “heart wrenching” that the survival of children who lost either or both parents during the pandemic is at stake, said the Supreme Court, but expressed satisfaction over the schemes announced by the Centre and States to provide succour.

Concept –

• The Juvenile Justice (Care and Protection of Children) Act, 2000 makes it mandatory to establish one Child Welfare Committee in each district as the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care & protection and to provide for their basic needs and protection of human rights.
• To facilitate the setting up of CWC’s in every district and to ensure their effective functioning, the scheme shall provide adequate infrastructure and financial support to the States/UTs.
• This committee consists of a Chairperson and other four members who according to the State Government are fit to be appointed, at least one of whom should be a woman and the other should preferably be an expert on matters that are concerning the children.

Juvenile Justice (Care and Protection of Children) Act, 2015

• The Juvenile Justice (Care and Protection of Children) Act, 2015 replaced the Juvenile Justice (Care and Protection of Children) Act, 2000.
• Change in Nomenclature:
  • The Act changes the nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’. Also, it removes the negative connotation associated with the word “juvenile”.
  • It also includes several new and clear definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children.
• Special Provisions for Age 16-18 years:
  • Included special provisions to tackle child offenders committing heinous offences in the age group of 16-18 years.
• Mandatory Constitution of the JJ Board:
  • It mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
• Adoption Related Clauses:
  • A separate new chapter on Adoption to streamline adoption procedures for an orphan, abandoned and surrendered children.
  • Also, the Central Adoption Resource Authority (CARA) was granted the status of a statutory body to enable it to perform its function more effectively.
  • The Act states that the adoption of a child is final on the issuance of an adoption order by the court. Currently, there are 629 adoption cases pending in various courts.
• Child Care Institutions (CCI):
  • All Child Care Institutions, whether run by State Government or by voluntary or non-governmental organizations are to be mandatorily registered under the Act within 6 months from the date of commencement of the Act.

Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021

• Adoption: Under the Act, once prospective adoptive parents accept a child, an adoption agency files an application in a civil court to obtain the adoption order.  The adoption order issued by the court establishes that the child belongs to the adoptive parents.  The Bill provides that instead of the court, the district magistrate (including additional district magistrate) will perform these duties and issue all such orders.
• Appeals: The Bill provides that any person aggrieved by an adoption order passed by the district magistrate may file an appeal before the Divisional Commissioner, within 30 days of such order.  Such appeals should be disposed within four weeks from the date of filing of the appeal.
• The Act provides that there will be no appeal for any order made by a Child Welfare Committee concluding that a person is not a child in need of care and protection.  The Bill removes this provision.
• Serious offences: The Act provides that the Juvenile Justice Board will inquire about a child who is accused of a serious offence.  Serious offences are those for which the punishment is imprisonment between three to seven years.  The Bill adds that serious offences will also include offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.
• Designated Court: The Act provides that offences against children that are punishable with imprisonment of more than seven years, will be tried in the Children’s Court (equivalent to a Sessions Court).  Other offences (punishable with imprisonment of less than seven years) will be tried by a Judicial Magistrate.  The Bill amends this to provide that all offences under the Act will be tried in the Children’s Court.
• Offences against children: The Act provides that an offence under the Act, which is punishable with imprisonment between three to seven years will be cognizable (where arrest is allowed without warrant) and non-bailable.  The Bill provides that such offences will be non-cognizable and non-bailable.
• Child Welfare Committees (CWCs): The Act provides that states must constitute one or more CWCs for each district for dealing with children in need of care and protection.  It provides certain criteria for the appointment of members to CWC.  For instance, a member should be: (i) involved in health, education, or welfare of children for at least seven years, or (ii) a practicing professional with a degree in child psychology, psychiatry, law, or social work.  The Bill adds certain criteria for a person to be ineligible to be a member of the CWC.  These include: (i) having any record of violation of human rights or child rights, or (ii) being a part of the management of a child care institution in a district.