Lok Sabha Question No. 1257 (UNSTARRED), answered on 2017-12-22
Subject: Safety of Children
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: ANURAG SINGH THAKUR

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 1257

TO BE ANSWERED ON 22.12.2017

## SAFETY OF CHILDREN

## 1257.   SHRI ANURAG SINGH THAKUR:

Will the Minister of Women & Child Development be pleased to state:

- (a) the number of children above 6 years whose parents are incarcerated and have no family member or guardian to take care of them;
- (b) whether  the  Government  has  implemented  any  scheme  for  their  safety,  security,  basic needs and to check if these children are not being victimised or becoming criminals like their parents and if so, the details thereof; and
- (c) the other measures taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA KUMAR)

- (a) The details  regarding  the  children  above  six  (06)  years  whose  parents  are  incarcerated and have no family member or guardian is not maintained centrally in the Ministry of Women and Child Development.
- (b) & (c): Prison is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution  of  India.  The  administration  and  management  of  prison  is  primarily  the responsibility of the State Governments. The Ministry of Home Affairs has also issued a comprehensive advisory dated 15 th May,  2006  on  'Facilities  to  the  children  of  women prisoners-Guidelines  issued  by  the  Supreme  Court  -  regarding',  which  provides  interalia,  for  steps  to  be  taken  by  the States/UTs for  providing  education and recreation for children of female prisoners and also providing for crèches and nursery attached to the prison for women to look after children of women prisoners - children below three years of age shall be allowed in the crèches while those between three and six years of age shall be looked after in the nursery.  Apart from above, the Central Government has enacted the Juvenile Justice (Care and Protection of Children) Act, 2015, which has replaced the Juvenile Justice (Care and Protection of Children) Act, 2000. The new Act has come into effect  from  15.01.2016.  As  per  Section  2  (14)  (i),  (v),  (ix)  and  (x)  of  Juvenile  Justice (Care and Protection of Children) Act, 2015 (JJ Act), a child  who is found without any home or settled place of abode and without any ostensible means of subsistence; or who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child;  or  who  is  found  vulnerable  and  is  likely  to  be  inducted  into  drug  abuse  or trafficking;  or  who  is  being  or  is  likely  to  be  abused  for  unconscionable  gains,

respectively,  is  included  as  a  '  child  in  need  of  care  and  protection.'  The  primary responsibility  in  execution  of  the  JJ  Act  lies  with  the  State  Governments.  However Central Govt is executing a scheme namely ICPS (now  'Child protection Services' ) for providing  financial  assistance  to  State  Governments/UT  Administrations,  on  sharing pattern,  for  execution  of  the  Act  and  with  the  objective  to  create  a  safe  and  secure environment for overall development of children in need of care and protection, including children whose parents are incarcerated/orphan/destitute/neglected/abandoned/ surrendered     etc. These include placement in Children Homes if there is no family to look  after  the  said  child,  or  sponsorship  support  if  the  child  is  living  with  family (financial  support  for  education)  to  ensure  that  their  education  can  continue  in  an undisturbed  manner.    Once  placed  in  a  children's  home  the  said  child  would  receive multiple kinds of care and  support  including food, education, medical  attention, vocational training,  counseling etc. so that despite their disturbed family circumstances they can continue to develop to their full potential.

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