Lok Sabha Question No. 2077 (UNSTARRED), answered on 2022-07-29
Subject: Child Care Institutions
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Kotha Prabhakar  Reddy

## GOVERNMENT OF INDIA

## MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UN-STARRED QUESTION NO.2077

TO BE ANSWERED ON 29.07.2022

## CHILD CARE INSTITUTIONS

## 2077.  SHRI KOTHA PRABHAKAR REDDY:

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

- (a) whether  the  Government  has  taken  note  that  reporting  instances  of  abuse  and cruelty by staffers or persons incharge at child care institutions is not easy while the victims themselves are unable to directly report them due to the imbalance in power, most such crimes are reported to the police by either parents or child rights bodies and child welfare committees; and
- (b) if so, the details and the present status thereof?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a) & (b): The  Ministry  of  Women  and  Child  Development  is  administering  the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) which is the primary legislation for ensuring safety, security, dignity and well-being of children. The Act provides for protection of children in need of care and protection and those in conflict with law by catering to their basic needs through care, protection, development, treatment and social  re-integration.  It  defines  standards  of  care  and  protection  to  secure  the  best interest of child.

Under  the  JJ  Act,  2015  (Sections  27-30),  the  Child  Welfare  Committees   have been  empowered  to  take  decisions  with  regard  to  the  children  in  need  of  care  and protection,  keeping  their  best  interest  in  mind.  They  are  also  mandated  to  monitor  the functioning of the Child Care Institutions (CCIs). Similarly, the Juvenile Justice Boards are empowered  to  take  decisions  regarding  the  welfare  of  children  in  conflict  with  law (Sections  04-09).  At  the  national  and  state  level,  the  JJ  Act,  2015  provides  the National/State Commissions for Protection of Child Rights to monitor the implementation of  the  Act  (Section  109).   The  National  Commission  for  Protection  of  Child  Rights (NCPCR) was constituted in 2007 to ensure protection of rights of all children.

Under section  54  of  the  Juvenile  Justice  (Care  and  Protection  of  Children)  Act, 2015, the State Governments have to appoint Inspection Committees and under section 53, to assess the basic facilities and infrastructure of the Institution for maintaining their standards. Also section 32 to 34 of JJ Act, 2015 mentions the procedure for mandatory reporting including offence for non-reporting and penalty. Amendments in JJ Act in 2021 have  made  District  Magistrate  as  the  nodal  authority  in  district  for  child  care  and protection. He also has powers of inspection of CCIs.

The Ministry regularly follows up with the State/ UT Governments so as to ensure that Child Care Institutions (CCIs) adhere to standards of care as per the JJ Act, 2015 provisions.  Various  advisories  have  been  sent  to  all  State/UTs  regarding  mandatory inspection of all CCIs. Further,  The  Ministry  is  implementing  a  centrally  sponsored  scheme  namely Mission  Vatsalya  to  support  to  States  and  UT  Governments  for  delivering  services  for children in need of care and in difficult circumstances, including for the children in Child Care Institutions  (CCIs),  which  provide/support for  boarding  &  lodging;  age-appropriate education; access to vocational training; recreation; health care; counselling etc.   Under the scheme guidelines, States/UTs have been instructed for mandatory Police verification of  the  CCI  staff  and  other  staff  engaged  at  State  and  District  level,  prior  to  their appointment to prevent such abuse.

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