An overview of child care institutions under Juvenile Justice Act 2015

BY FAROOQ AHMAD

Starting with the quote of First Prime Minister Of India Pandit Jawaharlal Nehru, “The children of today will make the India of tomorrow. The way we bring them up will determine the future of the country.” Children are the future of the country has always been quoted time and again. It is them on whom our future depends. But 153 million children worldwide are orphans and without any support and in every 13 seconds a child dies by the effects of hunger. To overcome all these problems faced by our future assets, the concept of Child Care Institutions have been introduced.

Childcare Institution means Children Home, Open Shelter, Observation Home, Special Home, Place of Safety, Special Adoption Agency, and a fit facility recognized under the Juvenile Justice Act 2015 and Amended Model Rules 2022 for providing care and protection for children who are in need of such services. The Child Care Institutions are separated for children in need of care and protection and children in conflict of law. As per international standards as well as the Juvenile Justice Act, placing the child in institutional care should be a measure of last resort. Children are to be placed in Child Care Institutions (CCIs) only when it is found that the restoration of the child or parents or family may not be in the best interest of the child.

According to Juvenile Justice Act 2015, all Child Care Institutions (CCIs) need to enlist according to law and at the time of enrollment the state governments should try to record the capacity and motivation behind every establishment. From 2018 to 2020, a special audit report by National Commission for Protection of Child Rights (NCPCR) project that out of 7,163 Child Care Institutions in country, only 28 percent are still registered with the state governments and those who succeed in getting approval and getting registered for acting as Child Care Institutions, 38% of them don’t have adequate measures to prevent any type of physical and Psychological mistreatment of children. Children Care Institutions in India have been found in an administrative blind spot after cases of sexual abuse and exploitations of inmates have been reported in various Child Care Institutions (CCIs) across the country. By quoting here an example of a rape case in Bihar Sewa Sanklap Evam Vikas Samiti Child Care Institution where 34 out of 42 female children in the age group of 7-17 were sexually assaulted persistently for long time. Another example of Asylum home in which 11 ladies were assaulted and after getting pregnant they were asked for termination of pregnancy and one among them was killed and under-grounded after raising objection against the same. In Lok Sabha Hon’ble Ministry for Women and Child Development Ms. Simriti Irani said that as per latest report submitted by National Commission Protection for Child Rights (NCPCR) that 49 child sexual harassment complaints were received in 4 years (2016-21) among which Uttar Pradesh is foremost. As per day to day reports in media like newspapers, social media etc. regarding sexual abuse of children in Child Care Homes have tarnished the image of the Child Care Institutions.

Post reorganization of Jammu and Kashmir, a ray of new hope has emerged with the implementation of Central Laws in the UT of Jammu and Kashmir there are some child care institutions which are doing good job for the wellbeing of the children. But there are institutions especially private run homes and homes run by religious leaders which are raising funds and donation from the people for the welfare of the children care without being registered under the government and are not using that money for children care or wellbeing. These Institutions should be registered under the ambit of Juvenile Justice Act 2015 so that there should a proper vigilance over them because in these Un- registered institutions there are our children who are tomorrow’s future.

No doubt there are regulations and rules concerning Child Care Institutions yet what is the need of the hour is an instrument for strict execution by the respective states then we can expect a superior spot and life for our youngsters in Child Care Institutions, being a definitive objective of the Juvenile Justice Act 2015 and other conventions signed into for protection and rehabilitation of children.

At the centre, state and district level, a strong mechanism for evaluating the performance of Child Care Homes. A thorough screening and background check of the person(s) dealing with those children should also be done to ensure maximum safety and prevention of any kind of the child’s maltreatment and exploitation. Also regular inspections and surprise visits should be done by all stakeholders to ensure that all guidelines are being followed so that no report of violence, exploitation or abuse is reported. Thus, it is of utmost importance that the present administration ensures a robust Juvenile Justice System in the UT of JK through proper training and coordination of relevant key players and stakeholders and achieve the objective of well-being, welfare and reintegration of children in Child Care Institutions.

The author is associated with the Juvenile Justice System in JK UT and presently posted at District Shopian. He can be reached at:  farooq.rs.786@gmail.com