Lok Sabha Question No. 1702 (UNSTARRED), answered on 2018-07-27
Subject: Observation and Special Homes
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: DEVUSINH JESINGBHAI CHAUHAN

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO.1702 TO BE ANSWERED ON 27.07.2018

## OBSERVATION AND SPECIAL HOMES

## 1702.   SHRI DEVUSINH CHAUHAN:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state;

- (a) the funds provided to the States/UTs for construction of Observation and Special Homes for children  in  conflict  with  law  during  each  of  the  last  three  years,  State/UT-wise,  including Gujarat;
- (b) whether vacant posts exist in such homes, if so, the details thereof and the reasons therefor along with the time by which these vacant posts are likely to be filled up;
- (c) whether the Government has set up separate homes for juveniles who attain eighteen years of age during the period of trial, if so, the details thereof and if not, the reasons therefor; and
- (d) the other steps taken/being taken by the Government to improve the overall functioning of the said homes and to fill up the vacancies therein?

## ANSWER

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

- (a): Central  Government  is  managing  'Child  Protection  Services'  (CPS)  (erstwhile  Integrated Child  Protection  Scheme)  under  umbrella  Integrated  Child  Development  Services,  and providing  financial  assistance,  as  Grant-in-Aid,  to  the  States/UTs  on  sharing  pattern  for execution of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which includes  for  setting  up  and  maintenance  of  various  types  of  Homes  including  Homes  for children  in  conflict  with  law.  The  funding  of  proposed  new  Homes,  either  on  rent  basis  or construction  basis,  is  decided  in  the                  inter-ministerial  Project  Approval  Board  (PAB) constituted under the Scheme to consider and approve the financial proposals received from the State Governments/UT Administrations. The details of funds released and utilized by the State Governments/UTs  including  Gujarat under CPS  including funds for observation Homes/Special Homes during each of the last three  years  and  the  current  year,  State/Union Territory-wise is at Annexure-I.
- (b): The  Ministry  of  Women  and  Child  Development  has  set  up  a  monitoring  system  to  ensure effective  implementation  of  the  scheme.  A  PAB  under  the  Chairpersonship  of  Secretary (WCD) has been constituted in the Ministry to scrutinize and approve implementation plans, annual Plans and financial proposals from States/ UTs for release of grants under the scheme. The board also monitors and reviews the progress of implementation of the scheme from time to  time.  The  PAB  regularly  directs  the  States/UTs  to  fill  up  the  vacant  positions  in  service delivery  structures  under  the  scheme  i.e.  State  Child  Protection  Society,  District  Child Protection Units, State Adoption Resource Agency, Specialised Adoption Agencies, etc.
- (c): Under Section 49 (1) of the JJ Act, state Government shall set up atleast one place of safety in

a State registered under section 41, so as to place a person above the age of eighteen years or child in conflict with law, who is between the age of sixteen to eighteen years and is accused of or  convicted  for  committing  a  heinous  offence.  Under  Section  19  of  the  JJ  Act  when  the Children's Court finds the child has committed the offence, it will make an order for placing the child in a 'place of safety', which is not a jail, till the child attains the age of 21  years. Under Section 19(4), the Children's Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, to evaluate  the  progress  of  the  child  in  the  place  of  safety  and  to  ensure  that  there  is  no  illtreatment  to  the  child  in  any  form.  These  reports  shall  also  be  forwarded  to  the  Children's Court for  record  and  follow  up.  Under  Section  20  (1),  when  the  child  attains  the  age  of  21 years and is yet to complete the term of stay, the Children's Court shall provide for a follow up by the probation officer or the District Child Protection Unit or a social worker or by itself, to evaluate if such child has undergone reformative changes and if the child can be a contributing member  of  the  society.  For  this  purpose  the  progress  reports  of  the  child  along  with  the evaluation  of  relevant  experts  shall  be  taken  into  consideration.  After  the  completion  of  the procedure under Section 20(1), the Children's Court may either release the child on send the child to jail for the remainder of the term. The details of number of observation homes, special homes including place of safety for children in conflict with law and being funded under CPS, State/UT wise is at Annexure-II.

- (d): Section 8 (3) (j) of the JJ Act, states that conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend  action for improvement  in  quality  of  services  to  the  District  Child  Protection  Unit  and  the  State Government. Section 30 (viii) provides for   conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement  in  quality  of  services  to  the  District  Child  Protection  Unit  and  the  State Government.  Section 41 of the Act also requires that all CCIs meant for covering children in need of care and protection (CNCP) or conflict with law (CCL) and shall be registered under this Act by the State Governments/UTs and Section 54 of the JJ Act, all State Governments/UTs  appoint  Inspection  Committee  for  the  State  and  district. Further,  as  per Section  54  (2)  such  inspection  committees  shall  mandatorily  conduct  visits  to  all  facilities housing children in the area allocated, at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits within a week of their visit, to the District Child Protection  Units  or  State  Government,  as  the  case  may  be,  for  further  action.  And  as  per Section 54 (3), on the submission of the report by the inspection committee, appropriate action shall be taken within a month by the District Child Protection Unit or the State Government and a compliance report shall be submitted to the State Government. The primary responsibility  of  execution  of  the  Act,  as  such,  lies  with  the  State/UTs.  Under  the  scheme 'Child Protection Services' (CPS), institutional care is provided through CCIs, as a rehabilitative measure. In these CCIs, children are provided age appropriate education either within the institution or outside in a formal education system through convergence with other schemes  and  programs  of  the  Government  or  civil  society.  Under  the  non-institutional  care component, support is extended for adoption, foster care and sponsorship.

***********

Annexure referred to in reply to part (a) of the Lok Sabha Unstarred Question No.1702 for 27.06.2018 raised by Shri Devusinh Chauhan regarding 'Observation and Special Homes'.

State/UT-wise  details  of  funds  released  to  the  State  Governments/UT  administration  under  CPS alongwith the utilization of fund reported by State/UTs during each of the last three years is as follows:

|          |                                | Status of grant released and utilized under CPS (Rs. in lakhs)   | Status of grant released and utilized under CPS (Rs. in lakhs)   | Status of grant released and utilized under CPS (Rs. in lakhs)   | Status of grant released and utilized under CPS (Rs. in lakhs)   | Status of grant released and utilized under CPS (Rs. in lakhs)   | Status of grant released and utilized under CPS (Rs. in lakhs)   |
|----------|--------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|
| Sl. No.  | Name of the State              | 2015-16                                                          | 2015-16                                                          | 2016-17                                                          | 2016-17                                                          | 2017-18                                                          | 2017-18                                                          |
|          |                                | Amount released                                                  | Amount Utlized                                                   | Amount released                                                  | Amount Utlized                                                   | Amount released                                                  | Amount Utlized                                                   |
| 1        | Andhra Pradesh                 | 238.58                                                           | 500.52                                                           | 110.74                                                           | 586.32                                                           | 1469.88                                                          | 1537.11                                                          |
| 2        | Arunachal Pradesh              | 571.68                                                           | 92.02                                                            | 52.29                                                            | 179.54                                                           | 643.71                                                           | 180.00                                                           |
| 3        | Assam                          | 597.90                                                           | 1025.07                                                          | 413.64                                                           | 1112.98                                                          | 2932.68                                                          | 1787.53                                                          |
| 4        | Bihar                          | 2687.89                                                          | 1896.52                                                          | 2787.92                                                          | 1923.33                                                          | 541.56                                                           | 1633.69                                                          |
| 5        | Chattisgarh                    | 3955.55                                                          | 2086.26                                                          | 527.77                                                           | 1683.25                                                          | 3181.97                                                          | 2486.27                                                          |
| 6        | Goa                            | 235.25                                                           | 39.68                                                            | 36.83                                                            | 98.27                                                            | 728.53                                                           | 54.44                                                            |
| 7        | Gujarat                        | 2328.90                                                          | 1510.37                                                          | 769.95                                                           | 1526.53                                                          | 590.11                                                           | 1767.24                                                          |
| 8        | Haryana                        | 496.44                                                           | 350.89                                                           | 0.00                                                             | 1224.85                                                          | 1858.22                                                          | 2500.00                                                          |
| 9        | Himachal Pradesh               | 604.04                                                           | 1255.12                                                          | 2345.48                                                          | 2390.26                                                          | 1835.01                                                          | 1833.11                                                          |
| 10       | Jammu &Kashmir                 | 113.35                                                           | 0.00                                                             | 43.12                                                            | 114.71                                                           | 807.48                                                           | 374.62                                                           |
| 11       | Jharkhand                      | 369.88                                                           | 387.42                                                           | 840.11                                                           | 842.14                                                           | 1714.57                                                          | 1641.76                                                          |
| 12       | Karnataka                      | 1845.24                                                          | 2193.66                                                          | 3720.80                                                          | 3709.53                                                          | 3272.45                                                          | 1364.04                                                          |
| 13       | Kerala                         | 944.39                                                           | 660.25                                                           | 260.50                                                           | 216.96                                                           | 1849.45                                                          | 1275.72                                                          |
| 14       | Madhya Pradesh                 | 1116.03                                                          | 2373.81                                                          | 2503.88                                                          | 2535.83                                                          | 3262.77                                                          | 2582.87                                                          |
| 15       | Maharashtra                    | 3138.75                                                          | 1975.29                                                          | 2272.33                                                          | 1569.37                                                          | 608.15                                                           | 1308.75                                                          |
| 16       | Manipur                        | 3082.18                                                          | 1163.81                                                          | 241.34                                                           | 709.47                                                           | 1886.33                                                          | 2103.00                                                          |
| 17       | Meghalaya                      | 1469.55                                                          | 1497.88                                                          | 2060.33                                                          | 2060.33                                                          | 1846.60                                                          | 1846.60                                                          |
| 18       | Mizoram                        | 2079.44                                                          | 2079.44                                                          | 1949.55                                                          | 1949.55                                                          | 1917.51                                                          | 1917.51                                                          |
| 19       | Nagaland                       | 2257.65                                                          | 1473.21                                                          | 1350.37                                                          | 1447.50                                                          | 1457.45                                                          | 1457.45                                                          |
| 20       | Orissa                         | 3309.07                                                          | 2669.74                                                          | 1089.22                                                          | 2580.78                                                          | 2599.30                                                          | 2773.86                                                          |
| 21       | Punjab                         | 820.81                                                           | 515.57                                                           | 581.67                                                           | 718.31                                                           | 143.24                                                           | 875.43                                                           |
| 22       | Rajasthan                      | 3258.92                                                          | 2929.43                                                          | 0.00                                                             | 2267.52                                                          | 4752.30                                                          | 1295.98                                                          |
| 23       | Sikkim                         | 562.00                                                           | 303.74                                                           | 601.18                                                           | 365.87                                                           | 662.76                                                           | 125.43                                                           |
| 24       | Tamil Nadu                     | 825.04                                                           | 4282.78                                                          | 13039.37                                                         | 3648.55                                                          | 2013.12                                                          | 5512.50                                                          |
| 25       | Telangana                      | 354.88                                                           | 93.94                                                            | 195.64                                                           | 1823.98                                                          | 894.82                                                           | 633.08                                                           |
| 26       | Tripura                        | 710.63                                                           | 680.20                                                           | 676.04                                                           | 415.30                                                           | 446.81                                                           | 499.00                                                           |
| 27       | Uttar Pradesh                  | 2884.18                                                          | 3293.57                                                          | 3207.19                                                          | 3109.82                                                          | 1830.67                                                          | 4222.98                                                          |
| 28       | Uttarakhand                    | 66.88                                                            | 3.89                                                             | 15.54                                                            | 187.54                                                           | 907.57                                                           | 731.40                                                           |
| 29       | West Bengal                    | 508.67                                                           | 1067.29                                                          | 6763.87                                                          | 3522.60                                                          | 5073.56                                                          | 4232.67                                                          |
| 30       | Andaman &Nicobar Island        | 36.03                                                            | 36.03                                                            | 36.88                                                            | 36.76                                                            | 31.66                                                            | 93.36                                                            |
| 31 32    | Chandigarh Dadra &Nagar Haveli | 357.82 58.66                                                     | 324.15 5.84                                                      | 245.44 177.59                                                    | 278.53 59.11                                                     | 194.32 24.82                                                     | 172.73                                                           |
|          |                                |                                                                  |                                                                  |                                                                  |                                                                  |                                                                  | 69.90                                                            |
| 33       | Daman &Diu                     | 82.82                                                            | 57.69                                                            | 126.42                                                           | 80.33                                                            | 21.89                                                            | 83.00                                                            |
| 34       | Delhi                          | 1363.40                                                          | 931.53                                                           | 978.64                                                           | 1024.94                                                          | 354.33                                                           | 1295.68                                                          |
| 35       | Lakshadweep                    | 0.00                                                             | 0.00                                                             | 0.00                                                             | 0.00                                                             | -                                                                | -                                                                |
| 36 Total | Puducherry                     | 559.60 43892.10                                                  | 622.75 40379.36                                                  | 826.33 50847.97                                                  | 768.69 46769.35                                                  | 114.35 52469.95                                                  | 426.20 52694.91                                                  |

## Annexure referred to in reply to part (c) of the Lok Sabha Unstarred Question No.1702 for 27.06.2018 raised by Shri Devusinh Chauhan regarding 'Observation and Special Homes'.

State/UT-wise details of Homes for children in conflict with law and supported under ICPS as on date

| S. No.   | State               | Observation Home   |   Special Home |   Observatio n cum Special Home |   Place of Safety |
|----------|---------------------|--------------------|----------------|---------------------------------|-------------------|
| 1        | Andhra Pradesh      | 12                 |              2 |                               2 |                 0 |
| 2        | Arunachal Pradesh   | 0                  |              0 |                               1 |                 0 |
| 3        | Assam               | 5                  |              0 |                               0 |                 1 |
| 4        | Bihar               | 12                 |              1 |                               0 |                 0 |
| 5        | Chhattisgarh        | 12                 |              1 |                               0 |                 3 |
| 6        | Goa                 | 0                  |              0 |                               0 |                 0 |
| 7        | Gujarat             | 3                  |              0 |                               3 |                 0 |
| 8        | Haryana             | 4                  |              0 |                               0 |                 0 |
| 9        | Himachal Pradesh    | 0                  |              0 |                               2 |                 0 |
| 10       | Jammu and Kashmir   | 6                  |              2 |                               0 |                 0 |
| 11       | Jharkhand           | 10                 |              1 |                               0 |                 0 |
| 12       | Karnataka           | 16                 |              1 |                               0 |                 0 |
| 13       | Kerala              | 14                 |              2 |                               0 |                 1 |
| 14       | Madhya Pradesh      | 18                 |              3 |                               0 |                 0 |
| 15       | Maharashtra         | 53                 |              0 |                               0 |                 0 |
| 16       | Manipur             | 4                  |              0 |                               1 |                 0 |
| 17       | Meghalaya           | 3                  |              0 |                               0 |                 0 |
| 18       | Mizoram             | 8                  |              2 |                               0 |                 0 |
| 19       | Nagaland            | 11                 |              2 |                               0 |                 0 |
| 20       | Orissa              | 0                  |              0 |                               4 |                 0 |
| 21       | Punjab              | 4                  |              2 |                               0 |                 0 |
| 22       | Rajasthan           | 34                 |              0 |                               0 |                 0 |
| 23       | Sikkim              | 2                  |              1 |                               0 |                 0 |
| 24       | Tamil Nadu          | 8                  |              2 |                               0 |                 0 |
| 25       | Tripura             | 4                  |              1 |                               0 |                 0 |
| 26       | Uttar Pradesh       | 26                 |              2 |                               0 |                 1 |
| 27       | Uttarakhand         | 9                  |              2 |                               0 |                 2 |
| 28       | West Bengal         | 7                  |              0 |                               7 |                 0 |
| 29       | Telangana           | 9                  |              1 |                               1 |                 0 |
| 30       | Andaman &Nicobar    | 0                  |              0 |                               0 |                 0 |
| 31       | Chandigarh          | 1                  |              0 |                               0 |                 0 |
| 32       | Dadra &Nagar Haveli | 0                  |              0 |                               0 |                 0 |
| 33       | Daman and Diu       | 0                  |              0 |                               0 |                 0 |
| 34       | Lakshadweep         | 0                  |              0 |                               0 |                 0 |
| 35       | NCT of Delhi        | 4                  |              1 |                               0 |                 1 |
| 36       | Puducherry          | 2                  |              2 |                               0 |                 0 |
|          | 301                 |                    |             31 |                              21 |                 9 |