Invisible walls: Absence of afetrcare institutions in J&K
Globally, millions of children live in extreme hardship. According to the UN, about 150 million are street children, while Women Aid International estimates over 100 million are homeless and living on the streets.
As per the recent report, India has the highest number of street children, with an estimated 18 million, 11 million of whom live in urban areas. Worldwide, many such children are placed in institutional care like orphanages and child care centers.
In India too, many such children live in an institutional care, reason being poverty and lack of parental support. A pre-COVID survey reported that over 370,000 children in 9,500 Child Care Institutions (CCIs), while recent data shows over 60,000 still reside in such facilities, with Tamil Nadu having the highest count.
In our own Jammu and Kashmir, these sanctuaries are known as Yateem Khanas—safe havens for orphaned and vulnerable children. Run by the Social Welfare Department and compassionate private groups (NGOs), these Child Care Institutions (CCIs) offer far more than just food, basic education and shelter. They become homes of hope, nurturing young minds with free education and care until they step into adulthood or complete their Class 12 journey.
The state has a total of 69 Child Care Institutions (CCIs) run by the government, including 49 CCIs under the names Palaash and Pareesha, 3 Observation Homes for Children in Conflict with Law (CCL), 4 Shelter Homes, 1 Place of Safety, and 12 Specialized Adoption Agencies (SAAs). In addition to these, 53 CCIs are operated by various NGOs or trusts. Furthermore, a number of CCIs remain unregistered due to technical shortcomings as outlined in the Juvenile Justice Act.
Despite the Juvenile Justice Act mandating aftercare for young adults ageing (18–21) transitioning from Child Care Institutions (CCIs), such support systems are lacking in Jammu and Kashmir. The Act aims to ease reintegration by providing financial aid, job support, and housing, addressing risks like unemployment, stress, and homelessness.
Turning 18 is an exciting milestone for most youth raised in families, symbolizing independence and new opportunities like voting, higher education, and employment—all supported by family guidance and care.
For a 17-year-old from a Child Care Institution (CCIs), turning 18 often means losing their only home and support system, forcing them into independence without guidance. Aftercare becomes crucial to help them navigate adulthood and avoid isolation or hardship.
Section 46 of the Juvenile Justice Act allows financial support for children leaving CCIs at 18 to aid their reintegration. Rule 25 of the 2016 Model Rules mandates state governments to implement aftercare programs covering education, skill training, employment, housing, and financial aid.
The rule also allows aftercare support to be extended up to age 23 years in special cases, such as to a person who have incomplete education or lack of housing. Those with physical or intellectual disabilities may require even longer support.
When family care isn’t possible, children stay in institutional care, where Section 53 mandates support for their rehabilitation through education, life skills, and mental health services. However, frequent transfers, lack of academic support, and emotional distress often disrupt their schooling, leading many to fall behind or drop out even before reaching to grade 10 or grade 12.
Due to limited resources and staff, most CCIs can only offer basic needs, lacking the capacity to teach vital life skills like financial literacy and decision-making. Unlike children raised in families, care leavers often lack these skills, making it hard for them to live independently, hold jobs, or manage finances.
Many children in institutional care are unaware of aftercare support available to them. A 2019 Udayan Care study found 67% of care leavers didn’t know about aftercare, and about half hadn’t participated in creating their Individual Care Plans (ICPs), partly due to CCI staff’s lack of understanding in preparing these plans effectively.
Each year, around 50,000 young adults in India—and in the same manner from Jammu & Kashmir—age out of institutional care, often without the skills or support needed for independent living. Although the JJ Act mandates aftercare, its implementation is weak, leaving most care leavers unaware of the help they are entitled to.
To ensure smoother transitions, Child Care Institutions (CCIs) should start life skills training by age 15 or 16, teaching practical skills like cooking, budgeting, hygiene, and navigating public services—essential for independent living after leaving care.
Before exiting care, children should have a personalized aftercare plan based on their goals and needs. CCIs must offer counseling for education and career choices and ensure all essential documents—like Aadhaar and PAN cards—are in place to access future support.
It is important to note that while the state has a number of Child Care Institutions (CCIs) that accommodate children below the age of eighteen who fall under the category of Children in Need of Care and Protection (CNCP) as defined by the Juvenile Justice Act, it lacks dedicated Aftercare institutions for these children once they reach adulthood. This absence creates a critical gap in the continuum of care, placing these vulnerable individuals at risk of falling back into hardship.
Without a robust aftercare system, there is a significantly higher risk of re-offending, poor social reintegration, and limited access to education and employment opportunities. The lack of structured support during their transition into adulthood can result in challenges related to housing, mental health, and overall well-being.
Here’s a breakdown of the consequences of lacking an effective aftercare system:
- Increased Risk of Re-offending:
Without continued support and guidance, young people leaving care may struggle to cope with the challenges of independent living, increasing the likelihood of re-engaging with negative influences and behaviors.
Lack of access to education, vocational training, and employment opportunities can further exacerbate this risk, leaving them vulnerable to criminal activity as a means of survival.
- Difficulty in Social Reintegration:
Aftercare programs provide crucial support in areas like finding housing, accessing healthcare, and building healthy relationships, which are essential for successful reintegration into the community.
The absence of these support systems can lead to isolation, homelessness, and a sense of alienation, making it difficult for young people to adjust to life outside of institutional care.
- Limited Educational and Employment Opportunities:
Many young people leaving care may have experienced disruptions in their education due to frequent moves or emotional distress.
Without continued support for education and vocational training, they may struggle to secure stable employment, further limiting their life chances.
- Mental Health Challenges:
The transition from care can be emotionally challenging, and without access to mental health support, young people may be at risk of developing mental health issues.
This can further hinder their ability to cope with the demands of independent living and contribute to a cycle of instability.
- Need for Mentorship and Guidance:
Many care leavers lack a trusted adult or mentor to turn to for guidance and support during critical life decisions.
Aftercare programs provide this crucial mentorship, helping young people navigate challenges related to employment, relationships, and personal development.
In conclusion, the absence of a robust Aftercare System within the Juvenile Justice Act creates significant barriers to the successful rehabilitation and reintegration of young people leaving child care institutions, potentially leading to negative outcomes in various aspects of their lives. Its duty and responsibility of the State Government to open such institutions or make such arrangements that the children who left the Child Care Institutions (CCIs) after particular age should fell prey again to system or situation from which he or she was recused.
