Lok Sabha Question No. 1656 (UNSTARRED), answered on 2022-12-16
Subject: Child Welfare Panel
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Manickam Tagore B

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UN-STARRED QUESTION NO.1656

TO BE ANSWERED ON 16.12.2022

## CHILD WELFARE PANEL

## 1656. SHRI MANICKAM TAGORE B.:

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

- a.  whether  the  Government  has  introduced  new  rules  for  Child  Welfare  Panel members;
- b. if so, the details thereof;
- c.  whether the rules make several changes to aspects under the Juvenile Justice Act, 2015, if so, the details thereof;
- d.  whether  the  members  of  Child  Welfare  Committee  (CWC)  are  equivalent  to Government officials; and
- e. if  so,  whether  these  members  are  also  eligible  for  a  pension,  health  facilities, accommodation, etc. and if so, the details thereof?

## ANSWER

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

(a)  to  (c)  :  The  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2015  (JJ  Act, 2015) (as amended in 2021) has empowered the Child Welfare Committee to decide on matters relating to children in need of care and protection in the best interest of children. Under Section 27 of JJ Act, 2015, the State Government shall constitute one or more Child Welfare Committees for every district, for exercising the powers and to discharge the  duties  in  relation  to  children  in  need  of  care  and  protection.  The  Juvenile  Justice (Care and Protection of Children) Model Amendment Rules, 2022 have made following amendments in Rule 15 which deals with composition and qualification of the members of the Child Welfare Committee :

In the principal rules, in rule 15,-

- (i) for sub-rule (3), the following sub-rule shall be substituted namely:-

'(3) The Chairperson and the members shall be above the age of thirty-five years and not more than sixty five years and shall have a degree in child psychology or psychiatry  or  law  or  social  work  or  sociology  or  human  health  or  education  or human development or special education for differently abled children and has been  actively  involved  in  health,  education  or  welfare  activities  pertaining  to children  for  seven  years  or  is  a  practicing  professional  with  a  degree  in  child psychology or psychiatry or law or social work or sociology or human health or education  or  human  development  or  special  education  for  differently  abled children.';

- (ii) in sub-rule (4), the following proviso shall be inserted namely:-

'Provided  that  nothing  contained  in  this  sub-rule  shall  be  a  bar  in  case  of  a member being appointed as Chairperson';

- (iii) after sub-rule (4), the following sub-rules shall be inserted, namely:-
- '(4A)  The  person  applying  for  the  post  of  the  Chairperson  or  member  of  the Committee shall submit an affidavit, as per Form 49, certifying that the applicant is not barred by any of the conditions laid down in subsection 4A of section 27 of the Act. The appropriate Government shall then verify the same as per norm.

(4B) A person associated with an organisation receiving foreign contribution shall not be eligible to be a Chairperson or member of the Committee.

- (4C)  Any  person  working  in  the  implementation  of  the  Act  in  any  NonGovernment Organisation or any organisation, performing such functions which may cause conflict of interest in discharge of their duties as the Chairperson or member  of  the Committee  shall not be eligible for appointment as the Chairperson and member of the Committee.

Explanation: For the removal of doubt, it is hereby clarified that, this may include but is not limited to any of the following situations within the territorial jurisdiction of the Committee:

(a) any family member is a member of any non-governmental organisation;

(b) close relation is a member of any non-governmental organisation ;

(c) cases of non-governmental organisations or persons working in a district for rescue and rehabilitation;

(d) a person representing a person who runs a Child Care Institution or member of the Board or Trust of any non-governmental organisation.

(4D)  If  any  complaint  is  made  against  a  Chairperson  or  member  of  the Committee,  the  State  Government  shall  hold  an  inquiry  and  if  necessary, suspend the person immediately pending inquiry. The inquiry shall be completed within a period of two months and the State Government may take appropriate action within one month of completion of the inquiry. (4E)  No  Chairperson  or  member  of  the  Committee  shall  be  removed  without holding an inquiry by the State Government and until that person has been given an opportunity of being heard in the matter. concerned, if necessary the Government may suspend the Chairperson or  member, immediately pending inquiry, for such term

(4F)  If  a  criminal  case  is  registered  against  the  Chairperson  or  member concerned as appropriate, or after holding an inquiry and giving an opportunity of being heard in the matter.'.

(d)  :  No Sir.

(e)  :  Question does not arise.

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