Child Welfare Committee

What are Child Welfare Committees

Child Welfare Committees (CWCs) are established under the mandate of Juvenile Justice Act, 2015, by the State Governments through notifications in the Official Gazette. Each district must have a CWC, which is tasked with addressing the needs of Children in Need of Care and ensuring that Child Care Institutions maintain proper standards of care and addressing any incidents of exploitation or abuse. They play a crucial role in family preservation, gatekeeping, restoration, protection, and rehabilitation of vulnerable children, as mandated by the Juvenile Justice Act of 2015 and the Juvenile Justice Rules of 2016.

Official Definition of Child Welfare Committee

CWC as defined in Legislations

The Committee is formed under Section 27(1) of the Juvenile Justice Act, 2015, which reads as follows:

“Child Welfare Committee.—(1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification.”  

CWC as defined in Official Government Report

A report by the National Institute of Public Cooperation and Child Development titled Information Kit on Children in Need of Care & Protection: Issues, Programmes & Services. The report defines Child Welfare Centres as follows:

“"Child Welfare Committee" is the sole authority to deal with matters concerning children in need of care and protection. One or more Committees have to be constituted for each district, and consist of a chairperson and 4 other persons, at least one of whom 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 but does not have the authority to give a child up for adoption.”

Legal Provisions relating to Child Welfare Committee

The Juvenile Justice (Care and Protection of Children) Act (for short, the JJ Act) defines a child as a person who is below the age of 18 years.

The JJ Act takes care of two categories of children:

• Children in conflict with the law
• Children in need of care and protection

Children in conflict with the law are dealt with by Juvenile Justice Boards. Children in need of care and protection are dealt with by Child Welfare Committees.

Who is Child In Need Of Care And Protection?

Section 2 (14) of Juvenile Justice (Care & Protection of Children) Act, 2015 defines a child in need of care and protection.

• A child in need of care and protection means a child who is Homeless and destitute, or found begging, or living on the street.
• Working in violation of child labor laws.
• Staying with a person (whether a guardian of the child or not) who has:
• Hurt, abused or neglected the child.
• Threatened to hurt, abuse or neglect the child and is likely to do so.
• Killed, abused, or neglected some other child, and is likely to do the same with this child as well.
• With a mental or physical disability, or is suffering from some terminal disease, and has no one who is willing and able to take care of the child.
• With a parent or guardian who is unfit or incapable of providing adequate care and protection to the child.
• Without parents, or whose parents have abandoned or surrendered the child, and no one is willing to take care of the child.
• Missing or run away.
• A victim of sexual abuse or illegal acts, or is likely to be.
• A victim of drug abuse or trafficking.
• Likely to be exploited for any commercial purpose.
• Victim of any armed conflict, civil unrest or natural calamity.
• Victim of child marriage.

Child Care Institution

The Child Welfare Committee deals with children in need of care and protection by directing them to various child care institutions.

Section 2(21) defines Child care institutions as follows:

“child care institution” means Children Home, open shelter, observation home, special home, place of safety, Specialized Adoption Agency and a fit facility recognized under this Act for providing care and protection to children, who are in need of such services”

Dealing With Children In Need Of Care And Protection- Child Welfare Committees

Each district should have at least one Child Welfare Committee (Committee for short) to deal with children in need of care and protection. The Committees consist of a Chairperson and four other members. At least one of these members should be a woman, and one other member should be an expert on children's matters. All the members should be experienced in working for the welfare of children. [1]

A child in need of care and protection can be brought before the Committee by:

• Any police officer, any officer of District Child Protection Unit, or inspector appointed under any labor law.
• Any public servant.
• Childline Services or any NGO or voluntary agency recognized by the government .
• Child Welfare Officer or probation officer.
• Any social worker or a public spirited citizen.
• The child directly.
• Any nurse, doctor or management of a nursing home, hospital or maternity home.[2]

A child can also be 'surrendered' by its parents or guardian. If a parent or guardian wishes to surrender a child for physical/emotional/social factors beyond their control, the child should be brought to the Committee. The Committee will hold due inquiry and counseling. After this process is complete, the Committee can allow the surrender if it feels this is in the best interest of the child. The parents or guardian who surrendered the child are then given two months' time to reconsider their decision. In the meantime, the child can either be allowed to stay with the parents or guardian or placed in a Specialized Adoption Agency (if the child is below the age of 6 years). If above 6 years of age, the child is sent to a children's home.

When a child is brought before it, the Committee can:

• Send the child to a children's home, or some other fit place or person (i.e. a place or a person that the Committee has recognized to be suitable).
• Order for a social investigation to be conducted by a social worker (or Child Welfare Officer, or Child Welfare Police Office). This Social Investigation Report should be ready within 15 days.
• The Committee itself should complete its entire process of dealing with the child in question within 4 months.[3]

After the inquiry is complete, the Committee will consider the wishes of the child (if the child is mature enough), and pass orders such as:

• Declare that a child is in need of care and protection.
• Restore the child to parents or guardian or family. The Committee should ensure that all efforts are made for restoration of abandoned or lost children to their families.
• Place the child in a Children's Home, or fit facility, or Specialized Adoption Agency.
• Place the child with a fit person for long term or temporary care. The Committee should monitor the child's stay in a children's home or other fit place. The child will stay in such places till some better rehabilitation arrangement can be made, or till the child turns 18.
• Give appropriate directions to persons or institutions or facilities in whose care the child is placed with regard to the overall care, protection and rehabilitation of the child.
• Declare the child is legally free for adoption: Orphaned, abandoned, and surrendered child can be declared as legally free for adoption after the Committee completes due inquiry.
• Place the child in foster care. Here, the child is placed with a family that is certified as able to provide an alternative home environment to the child.
• A foster home is more temporary in nature, while adoption is permanent.[4]

Other duties of the Committee include:

• Ensuring care, protection, appropriate rehabilitation of children in need of care and protection based on the child's individual care plan.
• Selecting appropriate registered institutions for placement of children requiring institutional support.
• Conducting at least two inspection visits per month of residential facilities for children in need of care and protection and making recommendations for improvement.
• Taking suo motu (i.e. on its own, without waiting for anyone to first approach it for action) action to reach out to children in need of care and protection.
• Conduct inquiry in case of a complaint of abuse of a child in any child care institution.[5]

Qualifications for being a member of the committee

The qualifications for being a member of the Committee are mentioned in S. 27(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015. They are as follows:

“ No person shall be appointed as a member of the Committee unless he has a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children and has been actively involved in health, education or welfare activities pertaining to children for seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children.”

These qualifications ensure that CWC members have the specialized knowledge and practical experience needed to effectively address the complex needs of children requiring care and protection. This helps maintain high professional standards and allows for comprehensive, multidisciplinary support.

Composition of the Committee

The Committee includes a Chairperson and four additional members appointed at the discretion of the State Government. Among these members, at least one must be a woman, and another must possess expertise in child-related issues. The District Child Protection Unit provides a Secretary and necessary support staff to assist the Committee in its operations.

Powers of the committee

The Committee functions as a Bench and has the powers conferred by the Code of Criminal Procedure, 1973 on the Metropolitan Magistrate or the Judicial Magistrate of First Class.

Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2015 deals with the powers of the Committee:

“Powers of Committee. —

(1) The Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection.

(2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection”

By simplifying procedures and cutting down on administrative bottlenecks, the CWC ensures that children's rights and necessities are addressed without unnecessary delays. Its broad responsibilities include overseeing the welfare, protection, treatment, growth, and recovery of at-risk children, emphasizing its crucial role in safeguarding their welfare. Moreover, the prioritization of CWC decisions over other legal entities underscores its significance within the child protection system.

Functions of the committee

The Committee's functions and responsibilities encompass various aspects related to the well-being and safety of children under the Juvenile Justice Act. These include receiving and considering children brought before it, conducting inquiries on issues affecting their welfare, directing social investigations, determining suitable caregivers for children in need of care and protection, arranging foster care placements, ensuring rehabilitation or restoration based on individual care plans, inspecting residential facilities, facilitating family reunification efforts, managing adoption procedures, taking proactive measures for outreach to unattended children, addressing cases of sexual abuse, collaborating with relevant agencies, handling complaints of abuse in child care institutions, facilitating access to legal services for children, and fulfilling any other duties as prescribed by law.

Appearance in Official Databases

Information about Child Welfare Committees are available on individual websites of various state governments, the following is a screenshot of the Official website of Women and Child Development Department of Haryana.

Evaluating the Amendments to the JJ Act

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, was passed in August and sought to ensure that the existing framework on child welfare is strengthened. Prior to the Amendment Act being introduced, one of the biggest challenges faced by CWCs was the lack of monitoring. This led to several Committees either being defunct or mismanaged, and regrettably it was the vulnerable children who bore the brunt of this. The absence of a transparent member selection process, appeals mechanism and regular review system only exacerbated these problems.[6]

These were the three primary issues that needed to be addressed, and fortunately, the Amendment Act has touched upon these with greater clarity. With respect to CWCs, the Act specified additional eligibility criteria for committee members (Section 27 (4A)), allowed for appeals on decisions rendered by the committee (Section 101), and introduced quarterly reviews of CWCs (Section 27 (8)). The provisions of the Amendment Act are a step in the right direction since it holds CWCs to a higher degree of accountability.

The Amendment Act filters the member selection criteria by preventing those with dubious track records from being a member. The Act also allows decisions of the CWC to be appealed, which might prevent erroneous decisions of the CWC from being followed. Most importantly, District Magistrates are directed to conduct a quarterly review of CWCs. This would hopefully ensure that the committees are lawfully constituted and fully functional across districts. It remains to be seen whether these amendments will ensure that the hundreds of children in dire need of assistance will receive the prompt support they need.

Role of the Child Welfare Committee in POCSO cases

The Child Welfare Committee (CWC) plays an important role in cases related to child sexual abuse and exploitation under the POCSO Act. The following are the key roles of the CWC in POCSO cases: [7]

• The CWC is responsible for providing necessary care and protection to the child victim during the investigation and trial of the case.
• The CWC is required to ensure that the victim is provided with necessary medical and psychological aid during their stay in an institution for the purpose of protection.
• The CWC is responsible for monitoring the progress of the case and ensuring that the child's interests are safeguarded at every stage of the judicial process.
• The CWC is required to provide assistance to children who are alleged to have been sexually abused or exploited and their families.
• The CWC is responsible for ensuring that the child is not subjected to unnecessary trauma during the trial and that the child's privacy is protected.
• The CWC is required to ensure that the child is provided with a support person throughout the investigation and trial of the case.

Research that engages with Child Welfare Committees

Child Welfare Committees In India: A comprehensive Analysis Aimed at Strengthening the Juvenile Justice System for Children in Need of Care and Protection

The National Commission for Protection of Child Rights (NCPCR), in collaboration with Child Rights and You (CRY), conducted this study between February and March 2013. The study provides a qualitative analysis of the functioning of Child Welfare Committees in India.

Significance Of Child Welfare Committee In India

This Article, written by Huma Faheem Ansari, published by Journal of Legal Research and Juridical Sciences examines the important role played by Child Welfare Committees in the prevention of child abuse and neglect.

Challenges faced by CWC's

1. Inadequate Infrastructure and Resources- Many CWCs operate out of poorly equipped offices without necessary facilities which are essential for ensuring a safe environment for children. Inadequate financial resources limit the ability of CWCs to provide essential services and maintain necessary infrastructure.
2. Insufficient number of CWC’s- The insufficient number of CWC’s pose a great challenge to their efficiency. The mandate of 1 CWC per district seems unequipped to deal with the number of cases and coupled with the other challenges faced by CWC hampers its functioning.
3. Poor data management:- Many CWCs struggle to maintain accurate and reliable records of cases, making it difficult to track progress and identify patterns in child protection issues.
4. Lack of trained staff- Insufficient number of qualified social workers, psychologists, and legal professionals on the CWC team, hindering proper assessment and intervention.
5. Community resistance- Social stigma surrounding child abuse cases can prevent families from reporting issues and hinder cooperation with the CWC.
6. Political interference- Improper selection of CWC members based on political affiliations can compromise decision-making and child welfare.
7. Inadequate follow-up mechanisms- Difficulty in monitoring the well-being of children placed in care facilities or returned to families after CWC intervention.
8. Complex legal procedures- Navigating complex legal processes related to child protection can be challenging for CWC members, especially in cases requiring court intervention.
9. Lack of inter-departmental coordination- Poor coordination between different government departments like police, health services, and education can hinder effective child protection efforts.
10. Gender bias- Societal biases against girls and women can impact the CWC's ability to address issues related to child marriage and female infanticide.

Potential Solutions

1. Capacity building- Regular training programs for CWC members to enhance their knowledge of child protection laws, child psychology, and case management practices.
2. Strengthening data systems- Implementing robust data collection and reporting systems to monitor CWC activities and identify trends.
3. Community awareness campaign- Raising awareness about child rights and the role of the CWC through outreach programs and community engagement.
4. Inter-sectoral collaboration- Fostering better coordination between various government departments, NGOs, and community organizations to address child protection issues comprehensively.
5. Transparent selection process- Implementing a transparent and merit-based process for selecting CWC members.
6. Adequate funding allocation- Ensuring sufficient financial resources to support CWC operations and service delivery.

Way Forward

Crimes against children in India are a grave and pervasive problem that needs urgent attention and action from all stakeholders. Children are the most vulnerable and innocent members of society, and they deserve to live in a safe and nurturing environment. However, many children in India are subjected to various forms of violence, exploitation and abuse that violate their basic human rights and dignity. These crimes not only affect the physical and mental health of children, but also hamper their education, development and well-being. The legal framework for the protection of children in India is based on the Constitution of India, which guarantees the fundamental rights of all citizens, including children. The Constitution also provides for special provisions for the welfare and development of children. Moreover, India is a signatory to various international conventions and treaties on children’s rights, such as the UNCRC, the CEDAW, the C182, etc. Furthermore, India has enacted various laws and policies to prevent and punish crimes against children, such as the POCSO Act, the Child Labour Act, the Juvenile Justice Act, etc. However, despite the constitutional and legal provisions, crimes against children in India are rampant and widespread. The main causes of crimes against children in India are poverty, illiteracy, substance abuse, domestic violence, cultural norms, gender discrimination or mental illness. The victims of crimes against children often suffer from physical injuries, psychological trauma, stigma, shame, guilt, fear, isolation, loss of trust, etc. They also face difficulties in accessing justice and rehabilitation services due to various barriers such as lack of evidence, witnesses, legal aid, support systems, etc. Therefore, there is an urgent need to address the issue of crimes against children in India from a legal perspective. [8]