Child in need of care and protection

What is CNCP ?

According to Section 14 of the Juvenile Justice (Care and Protection of Children) Act 2015, a "child in need of care and protection" refers to a child who:

• Lacks a home or means of subsistence.
• Is found working illegally, begging, or living on the streets against labour laws
• Lives with a person who has killed, abused, neglected, threatened, or exploited them or other children, posing a likely danger.
• Has mental or physical challenges, or terminal illness, with no suitable caretaker.
• Has an unfit or incapacitated parent/guardian.
• Is abandoned, surrendered, or orphaned, with no one willing to care for them.
• Is missing, has run away, or whose parents cannot be located after due inquiry.
• Is abused, tortured, or exploited, including for sexual or illegal purposes.
• Is vulnerable to drug abuse or trafficking.
• Is exploited for unconscionable gains.
• Is a victim of armed conflict, unrest, or calamities.
• Is at risk of underage marriage, with likely involvement of their guardians or family.

Institutional facilities

Children’s Home

A "Children's Home" refers to a facility set up or managed in each district or group of districts by the State Government, either directly or through a voluntary organization or NGO. It must be registered and serves the purposes outlined in Section 50 of the Act.

Open Shelter

An "Open Shelter" is a facility for children established and operated by the State Government, directly or through a voluntary organization or NGO, under Section 43(1). It must also be registered and serves the objectives specified in that section.

Specialized Adoption Agency

A "Specialized Adoption Agency" is an institution set up by the State Government or a voluntary organization or NGO, recognized under Section 65. It provides housing for orphans, abandoned, and surrendered children placed by the Committee for adoption purposes.

Procedure in relation to CNCP

Procedures for Children in Need of Care and Protection in India involve a series of steps and actions aimed at ensuring the well-being, safety, and development of children who are considered at risk due to various factors, such as neglect, abuse, abandonment, or being orphaned. A detailed overview of the procedure concerning children in need of care and protection is provided in Chapter 6. According to Section 31 (1), any child in need of care and protection may be brought before the Committee by:

• A police officer affiliated with the juvenile unit
• A public servant
• Childline services
• A child welfare officer or probation officer
• A social worker or a public-spirited citizen
• The child themselves
• A nurse, doctor, or the management of a nursing home, hospital, or maternity home

The child must be presented before the Committee without unnecessary delay and within 24 hours, excluding the time required for travel. The State Government may formulate rules under this Act to regulate the submission of reports to the Committee and outline procedures for placing the child in a children’s home, fit facility, or with a fit person during the inquiry period.

The Committee is empowered to pass orders related to the declaration of a child’s status as a Child in Need of Care and Protection (CNCP), restoration of the child to their guardian or family, placement in a children’s home, fit facility, specialized adoption agency, or with a fit person for long-term or temporary care. It can also make arrangements for foster care, sponsorship, and issue directions to individuals, institutions, or facilities responsible for the child’s care, protection, and rehabilitation. Additionally, the Committee may declare a child legally free for adoption, declare fit persons for foster care, provide aftercare support under Section 46 of the Act, or pass any other order related to its prescribed functions.

The primary objective of any Children’s Home, Specialized Adoption Agency, or open shelter is the restoration and protection of the child.These institutions must take necessary steps to restore and protect children temporarily or permanently deprived of a family environment under their care.The Committee has the authority to restore a child in need of care and protection to their parents, guardian, or a fit person after assessing their suitability and issuing appropriate directions. In this situation restoration and protection of a child can refer to placement with parents, adoptive parents, foster parents, a guardian, or a fit person.

Board and Committees

According to Section 8, the powers, functions, and responsibilities of the Board include transferring matters related to Children in Need of Care and Protection (CNCP) of children in conflict with the law and directing the police to register an FIR for offenses committed against any CNCP.

The Board or Committee conducting the inquiry of a child may permit the disclosure of information related to the proceedings or the child only if it deems such disclosure to be in the child's best interest. The reasons for this decision must be recorded in writing.The police are prohibited from disclosing any record of the child for purposes such as character certification or otherwise, in cases where the matter has been closed or disposed of. Any person acting in violation of these provisions shall be punishable with imprisonment for up to six months, a fine of up to two lakh rupees, or both.

Any person aggrieved by an order of the Committee or Board may file an appeal to the Children's Court within 30 days, except for decisions related to foster care, sponsorship, or aftercare, for which appeals shall be made to the District Magistrate. An appeal against an order of the Board, made following a preliminary assessment of a heinous offense under Section 15 of the Act, may be filed before the Court of Sessions, which may seek assistance from experienced psychologists and medical specialists, excluding those who assisted the Board in making the initial order. However, no appeal is permitted against an acquittal order by the Board for a child accused of an offense other than a heinous offense if the child is 16 years or older, or against an order by the Committee determining that a person is not a child in need of care and protection. Additionally, no second appeal is allowed against an order of the Court of Sessions made under this section. Any person aggrieved by an order of the Children’s Court may file an appeal before the High Court, following the procedure specified in the Code of Criminal Procedure, 1973.

Other legislations and schemes

The United Nations Convention on the Rights of the Child underscores the importance of safeguarding children's rights and well-being. Its guidelines focus on enhancing care for children deprived of parental care, aiming to minimize unnecessary out-of-home placements. They emphasize providing suitable, rights-based, and needs-specific care while ensuring holistic child development and avoiding unwarranted institutionalization. These principles highlight a child-centered approach in policy making and practical interventions.

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 aims to prohibit child labor in hazardous occupations and regulate working conditions in permitted roles. It includes strict penalties for violations, enforcement provisions, and regulatory measures to safeguard children and adolescents from exploitation while ensuring their development through education and secure environments.

The Prohibition of Child Marriage Act, 2006, bans child marriages in India, defining them as unions involving girls under 18 and boys under 21. It strengthens the legal framework by focusing on prevention, victim protection, and prosecuting offenders. This Act supersedes the earlier 1929 law, aiming for stricter enforcement and establishing authorities to oversee its implementation, thus safeguarding children's rights and well-being.

The Immoral Traffic (Prevention) Act, 1956, aligns with international conventions to curb human trafficking and the commercialization of sexual exploitation. While sex work itself is not criminalized, brothel operations, solicitation, and luring individuals into prostitution are penalized. The Act seeks to protect vulnerable populations, particularly women, from exploitation.

The Protection of Children from Sexual Offences (POCSO) Act, is a comprehensive law safeguarding children under 18 from sexual assault, harassment, and exploitation, with provisions for establishing special courts for expedited trials. It aligns with India’s constitutional commitments and international obligations under the UN Convention on the Rights of the Child, offering robust mechanisms to address and prevent child abuse.

The National Commission for Protection of Children's Rights (NCPCR) upholds the universality and inviolability of child rights for all children aged 0-18 years. It emphasizes equal importance for all rights, aiming to avoid exclusion by focusing only on targeted groups. The NCPCR underscores the interdependence of rights, advocating for policy interventions at every stage of childhood to ensure comprehensive protection and access to entitlements. Established under the Commissions for Protection of Child Rights Act, 2005, it aligns national laws with constitutional mandates and the UN Convention on the Rights of the Child.

The Child Protection Scheme (CPS), formerly the Integrated Child Protection Scheme (ICPS), is a vital initiative under the Juvenile Justice (JJ) Act focusing on the rehabilitation and reintegration of children through both institutional and non-institutional measures. It underscores family care's role in child development while providing services for vulnerable children, including those in conflict with the law or in contact with it as victims or witnesses.

Implemented as part of the Umbrella ICDS by the Ministry of Women and Child Development (MWCD), CPS includes facilities like Child Care Institutes (CCIs), Open Shelters, Children's Homes, and Specialized Adoption Agencies (SAAs). These institutions offer education, vocational training, recreation, healthcare, and counseling. For family-based rehabilitation, provisions include sponsorships, foster care, and adoption services, along with "after care" support for youth aged 18-21 transitioning to independence.The scheme relies on State Child Protection Societies (SCPS) for efficient fund flow and service delivery. SCPS coordinates with Central Adoption Resource Authority (CARA) and State Adoption Resource Agencies (SARA) to regulate adoption practices. Key district-level bodies such as the District Child Protection Unit (DCPU), Child Welfare Committee (CWC), Juvenile Justice Board (JJB), and Sponsorship and Foster Care Approval Committee (SFCAC) ensure administration and monitoring. The police and district administration also play crucial roles in ensuring legal compliance and effective rehabilitation. Collaboration between government-run and NGO-managed CCIs strengthens institutional care delivery.

Mission Vatsalya is a Centrally Sponsored Scheme aimed at supporting Children in Need of Care and Protection (CNCP) and Children in Conflict with Law (CCL). It provides services through institutional care, such as Child Care Institutes (CCIs), offering education, vocational training, healthcare, and counseling. Non-institutional care includes adoption, foster care, aftercare, and sponsorship. Funding is shared between the Centre and States in varying ratios. Aftercare services help children transition from institutional settings to independent life, but the execution responsibility primarily lies with States and UTs.

India's child protection policies have shown significant progress over time. Increased awareness has contributed to notable reductions in child labor and early marriages. Enhanced school enrollment rates and a stronger focus on comprehensive child development reflect these advancements. Children, making up nearly 40% of the population, benefit from improved grassroots implementation, policy refinement, and advocacy efforts. These initiatives aim to foster a safe, supportive, and equitable environment, particularly for children from marginalized communities, aligning with India's broader mission of nurturing and safeguarding its youngest citizens.

Appearances in official data base

The following data has been sourced from Make A Difference , an NGO focused on empowering vulnerable children through holistic support and developmental interventions.

The following data is assessed from the National Mapping Exercise conducted in 2016, covering nearly all Child Care Institutions (CCIs) in India, except for 34 CCIs in Uttar Pradesh excluded at the State Government's request. While the cross-sectional data might have changed post-2016, the findings remain significant in highlighting systemic gaps and offering actionable insights for policy reforms.

Research that engages with CNCP

The paper titled Procedures in Relation to Children in Need of Care and Protection and Children in Conflict with Law in India by Dr. Mahaveer Prasad Mali and Dipankar Chakraborty explores key legal frameworks and procedures for safeguarding children in need of care and protection (CNCP) and children in conflict with the law (CCL). It emphasizes child-centric policies, restorative justice, and rehabilitation. For CNCP, the focus is on nurturing environments and family support, while CCL ensures legal safeguards and reintegration programs. Balancing their rights requires holistic legal, social, and psychological approaches.

A Systematic Review of  Children in Need of Care and Protection Through Case Studies  by Shaila M. Varghese and Manoj Varghese examines the challenges faced by vulnerable children in India despite the Juvenile Justice Amendment Act 2015 and existing welfare mechanisms like Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs). It highlights issues such as parental neglect, abandonment, and the socio-economic factors leading to exploitation. Focusing on case studies from a Delhi adoption agency, it underscores the consequences of delayed adoption and its impact on children's development.