The Child Welfare Committee is an independent body that has been declared an appropriate authority to deal with children in need of care and protection. Section 27 of Chapter V of the Juvenile Justice (Child Care and Protection) Act, 2015 deals with the Child Welfare Committee.
It is imperative that there be one or more Children’s Social Committees in each district to utilize the powers and perform the duties assigned to children in need of care and protection. The committee consists of a Chairman and four other eligible members of the National Government, one of whom should be a woman and the other should be a specialist in child affairs.
The secretary and other staff will be assigned to the District Child Protection Unit to support the secretariat in the Committee for effective implementation. In order to become a member of the Committee, that person (who wants to become a member) must be actively involved in health, education and social matters for children for at least seven years or must be a freelance professional with a child population psychology, psychology, psychology, law or human development.
At the appointment of a member, it must have all the prescribed qualifications. This period of appointment must not exceed a period of three years. The appointment of a member shall be terminated if such member exercises his or her powers in an adverse manner, is found guilty of engaging in conduct (where the case has not been postponed and has not been allowed a full pardon) and does not attend these meetings. A three-month Committee of three Committee Organizers. A review every three months will be conducted by the District Magistrate.
The Child Welfare Committee acts as a bench headed by the powers provided in the Criminal Code, 1973. Anyone who is in contact with a child is allowed to apply to the Magistrate of that district, who looks after and submits appropriate orders.
The procedure of inquiry by the Child Welfare Committee[1]
Legal questions regarding the process of inquiry by the Child Welfare Committee, etc. Under section 33 of the Juvenile Act (child care and protection), 2000.
1) On receipt of a report under section 32, the Committee shall conduct the investigation in the prescribed manner and the Committee, by itself or in a report from any person or agency as contemplated in subsection (1) of section 32, may institute an order to send the child to a children’s home for an immediate investigation by the social worker or social welfare officer children.
2) An investigation under this Section shall be completed within four months of receipt of the order or within such a short period as may be prescribed by the Committee. However, the submission deadline for the investigation report may be extended by the time the Committee may, in view of the circumstances and reasons in writing, determine.
3) “The State Government must review a majority of the Committee’s cases every six months, and shall notify the Committee to increase the frequency of its stay or may result in a constitution for additional Committees.
4) After completion of an investigation if the Committee is of the opinion that the said child has no family or material support, or is in need of ongoing care and protection, may allow the child to remain in a children’s home or home until appropriate rehabilitation is reached or up to the age of eighteen.
Powers of Child Welfare Committee[2]
The powers of the Child Welfare Committee are set out in Section 29 of the Juvenile Justice (Child Care and Protection) Act, 2015:
- The Committee has full authority to dismiss cases for the care, protection and management of children.
- The Committee may also dismiss cases for the development, rehabilitation and protection of children in need, and also for providing the basic care and protection that children need.
- When a Committee is constituted for any particular area, then it has the capacity to handle all activities conducted under the provisions of this child-related law in need of care and protection.
- While exercising the delegated power granted in terms of this Act, the Committee is prevented from taking any action that is inconsistent with anything contained in any other applicable law.
In the case of Ms. Sheila Ramchandra Singh v. State of Maharashtra and others[3], Government Circular dated 16 June 2016 was issued by the Department of Development for Women and Children (Government of Maharashtra).
The gathering said that the Thane (Maharashtra) Child Development Committee could be fully appointed and active. In view of the above Circular, the case of the Child Health Committee has been referred to the Committee on Child Welfare, Mumbai at the direction of the State Government. The deputy secretary of the Department of Women and Child Development presented this in court.
The Court has ordered the Child Welfare Committee, Mumbai to take the application on 4 April 2016 by prioritizing and issuing the necessary legal orders. The request was dismissed by giving them such directions.
In the case of Krishna Kumar v. At the Kollam Child Welfare Committee[4], a petition was filed against the father of Kumari Amalenthu who was the victim of a rape case.
The court went to the father who opposed the child’s transfer to the Child Welfare Committee but afterward, the Committee took the child and was placed in a house at the Nirbhaya Shelter Home. He fought for custody of the child as he was a biological father. The learned Counsel submitted that the child has no complaint against the father.
No further explanation was given as to why the child was taken to the hospital where the primary caregiver was treated. Of course, she would like to have a relationship with her birth father. The learned counsel then submitted that the child was abducted during police custody and that the statement was unbelievable.
In the above cases, the Court was of the opinion that the child would be much safer if in the custody of the Child Welfare Committee. It will be open for the applicant to speak to the Child Welfare Committee and seek appropriate instructions and therefore the letter canceled.
Functions of Child Welfare Committee[5]
- Recognition of children produced before it. Neglected children can be formed in front of this committee.
- Conduct investigations relating to issues related to the safety and well-being of children under the law.
- Guide the Child Welfare Officers, the Child Protection Unit and non-governmental organizations to conduct a social investigation and submit a report to the Committee.
- Conducts investigations on the procurement of appropriate foster care and protection needs.
- Directing the placement of a child in a child care center.
- To ensure the care, protection, restoration and proper rehabilitation of those children in need of care and protection. This is based on individual child care plans. It also includes the transfer of the necessary references to parents or guardians or to the appropriate persons or children’s homes or suitable facilities in this regard.
- Choosing a registered Foster Care Center that needs support based on the child’s sex, age, disability and needs. This should be done keeping in mind the available capacity of the facility.
- Recommend an action that will improve the quality of services provided by the Child Protection Unit and the State Government.
- To ensure the effectiveness of the talent given by parents and to ensure that they are given time to reflect on their decision and to do their best to keep the family together.
- To ensure that every effort is made to recover lost or abandoned children in accordance with the procedure prescribed by the Act.
- Legalizing children free of adoption after consulting orphans, abandoned and dedicated.
- Taking case studies on minor offenses and reaching out to children in need of care and protection.
- Taking action against the rehabilitation of children who are sexually abused and are reported as children in need of protection and care from the Committee, by the Special Juvenile Police Unit or by local police as the case may be.
- Dealing with cases referred by the Board under subsection (2) of 17 of this Act.
- Interact with the various departments involved in the care and protection of children. These departments include the police, the labor department and other agencies.
- Conducts investigations and gives directions to the police or Child Protection Unit in case of child abuse complaint.
- Access to appropriate legal services for children.
- Performs other duties and obligations as may be prescribed.
Conclusion
The State Government establishes Child Welfare Committees in various regions. These Child Welfare Committees are made up of exercising powers, performing procedures in relation to the committee, performing duties and responsibilities and assigning duties to committees working to protect and care for children through the law.
Child protection is about protecting children from any perceived or actual danger that may endanger their health or childhood. He focuses on reducing their risk of any type of injury and ensuring that no child falls into the public safety net. Those children who do should receive the necessary care, protection and moral support to return them safely. The Child Welfare Committee works to provide children with this option.
[1]https://cdn.s3waas.gov.in/s3e56954b4f6347e897f954495eab16a88/uploads/2018/02/2018022817.pdf
[2]http://justiceandhope.org/wp-content/uploads/2017/02/2.-SOP-for-CWC-Maharashtra.pdf
[3]WP(Crl.).No. 160 of 2017
[4]Writ Petition No. 1988 OF 2016
[5]http://www.oscps.nic.in/node/12
This article is authored by Tanushri Sharma, Third-Year, BA LLB student at Vivekananda Institute Of Professional Studies (Guru Gobind Singh Indraprastha University)
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