Lok Sabha Question No. 242 (STARRED), answered on 2018-12-28
Subject: Hostels for Children
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: ANANDRAO  ADSUL, ASHOK SHANKARRAO CHAVAN

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA STARRED QUESTION NO. 242

TO BE ANSWERED ON 28.12.2018

## HOSTELS FOR CHILDREN

242.    SHRI ANANDRAO ADSUL: SHRI ASHOK SHANKARRAO CHAVAN:

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

- (a) whether hostels for children including those attached to schools are as vulnerable as those at any other facilities like Child Care Institutions (CCIs) and day care centres and if so, the details thereof;
- (b) whether there is a lack of guidelines for children's hostels/CCIs and if so, the facts in this regard;
- (c) whether  the  Government  proposes  to  formulate  guidelines  to  ensure  adequate  safety, minimum  standard  of  living  conditions  and  periodic  inspection  of  hostels  and  if  so,  the details  including  the  aims  and  objectives  thereof  along  with  the  steps  taken  by  the Government in this regard and the time by which these guidelines are likely to come into force;
- (d) whether  many  CCIs/said  hostels  are  functioning  without  registration  as  mandated  under Section 41 of the Juvenile Justice Act, 2015 and if so, the details thereof; and
- (e) whether the Government has directed States and UTs to undertake inspection of all such hostels for children, CCIs and related facilities and ensure their registration and if so, the response of the States/UTs thereto along with the other steps taken by the Government to ensure safety and well being of children at hostels/CCIs?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI MANEKA SANJAY GANDHI)

- (a) to (e): A Statement is laid on the Table of the House.

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## Statement referred to in reply  to  part  (a)  to  (e)  of  the  Lok  Sabha  Starred  Question No.*242 for answer on 28.12.2018 raised by Shri Anandarao Adsul  and Shri Ashok Shankarrao Chavan regarding 'Hostels for Children'.

- (a): Ministry  of  Women  and  Child  Development  has  enacted  Juvenile  Justice  (Care  and Protection of Children) Act, 2015 (JJ Act). As per Section 2 (14) (i), (ix) and (x) of JJ Act, a child who is found without any home or settled place of abode and without any ostensible means of subsistence, who is found vulnerable and is likely to be inducted into drug abuse or trafficking and who is being or is likely to be abused for unconscionable gains is included as  a  'child  in  need  of  care  and  protection',  among  others.  Hon'ble  Supreme  Court  has opined in their Judgment dated 5 th  May, 2017 that 'the definition of the expression 'child in need of care and protection' under Section 2(14) of the JJ Act should not be interpreted as an exhaustive definition. The definition is illustrative and the benefits envisaged for children in need of care and protection should be extended to all such children in fact requiring State care and protection.' As per Section 2 ( 21 ) of JJ Act, 'child care institution' means Children Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency  and  a  fit  facility  recognised  under  this  Act  for  providing  care  and  protection  to children,  who  are  in  need  of  such  services.  The  children  in  need  of  care  and  protection (CNCP) are mandated to get Institutional  care  or  Non-Institutional  care  as  prescribed  by Child Welfare Committee (CWC) on case to case basis under the powers and responsibility vested in CWC vide section 29 and 30 of the JJ Act, 2015. The primary responsibility of execution of the Act, lies with the State/UTs.
- (b) &  (c):  The  Juvenile  Justice  (Care  and  Protection  of  Children)  Model  Rules,  2016  framed under JJ Act provide detailed guidelines for setting up and monitoring of CCIs.
- (d) &  (e):  The  Hon'ble  Supreme  Court  of  India  vide  its  Order  dated  5 th   May,  2017  on  Writ Petition  (C)  No.102  of  2007  had  directed  that  all  unregistered  CCIs  be  registered  by  31 st December, 2017. Accordingly, the Ministry asked all the State Governments/UTs to ensure registration of all CCIs either run by State Government or by voluntary or non-governmental organizations. The Ministry has also asked the States/UTs to close down those Institutions which have declined to register. Resultantly more than 7700 CCIs were reported to have been registered by 31.12.2017. The Ministry has been pursuing with all the States/UTs to regularly monitor all the CCIs as mandated under the Section 41 of the JJ Act, 2015 and the JJ Rule framed thereunder.

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