Lok Sabha Question No. 3418 (UNSTARRED), answered on 2021-12-17
Subject: Reform of Child Adoption Procedure
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: N.K. Premachandran

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 3418

TO BE ANSWERED ON 17.12.2021

## REFORM OF CHILD ADOPTION PROCEDURE

## 3418. SHRI N.K. PREMACHANDRAN:

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

- (a) whether the Government proposes to reform the procedure for adoption of child, if so, the details thereof;
- (b) whether the Government proposes to bring legislation for protection of new born children and their rights and if so, the action taken thereon;
- (c) whether  it  has  come  to  the  notice  of  the  Government  that  Child  Welfare Committee  (CWCs)  are  creating  many  issues  due  to  their  partiality  and infringement of rights of children and if so, the remedial action taken thereon;
- (d) the details regarding the complaints lodged against the chairperson  and members of CWC in Kerala during the last five years;
- (e) whether the Government proposes to amend qualification criteria for appointment as Chairperson and members of CWC; and
- (f) if so, the details thereof?

## ANSWER

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

(a) & (b) : The Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015 is the primary legislation for children in need of care and protection and children alleged and found to be in conflict with law. The JJ Act, 2015 and the Adoption Regulations, 2017 thereunder prescribe procedure for adoption of children under the JJ Act, 2015. The  Government  has  notified  the  Juvenile  Justice  (Care  and  Protection  of  Children) Amendment Act (JJ Amendment Act), 2021 to strengthen child protection under the JJ Act, 2015.

(c)  :  The  primary  responsibility  of  implementation  of  the  JJ  Act  lies  with  the  State/UT Government and the JJ Act, 2015 provisions quarterly review of functioning of the Child Welfare Committee (CWC) by the District Magistrate. As per the Juvenile Justice (Care and  Protection  of  Children)  Model  Rules,  2016,  any  officer/institution,  statutory  body etc., who fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government may take action against such officer/ institution, statutory body etc. after due inquiry and simultaneously make alternative arrangements for discharge of functions for effective implementation of the Act.

(d) : As per information received from the State Government of Kerala, the action taken against Child Welfare Committee members during the last 5 years is as follows:

- i. Fr.  Thomas  Joseph  Therakom,  Child  Welfare  Committee  Chairman  and  Sr. Betty,  Child  Welfare  Committee  Member  of  Wayanad  District  were  suspended during 2017 as per G.O. 599/2017 S.J.D since the committee was alleged that the admission procedures of a new born child of a minor, who was the victim of Wayanad Kottiyoor rape case, was not conducted properly.
- ii. Palakkad  Child  Welfare  Committee  Chairman,  Ad.  N.  Rajesh  appeared  in  the court for the defendants of a POCSO case and allegations arose that he misused his responsibility as a Child Welfare Committee Chairman. Based on the inquiry report he was dismissed from the Committee as per G.O. (Rt) No.678/2019/SJD dated 17.02.2020.
- iii. Dr. E. D. Joseph, Kannur Child Welfare Committee Chairman was removed from the official responsibilities as per G.O.(Rt) No. 690/2021/SJD dated on 07.12.2020  since  the  children  who  were  witnesses  of  a  POCSO  case  were mistreated by him.
- iv. As  per  the  complaint  received  and  prima  facie  it  was  discovered  that  the Pathanamthitta Child welfare Committee failed to fulfill its responsibilities as per Juvenile  Justice  Act.  Therefore,  as  per  the  G.O.(Rt)No.261/2021/SJD  dated 27.04.2021, the Committee was suspended from performing the official duties.

(e) & (f)  : The JJ Amendment Act, 2021 introduces eligibility conditions for appointment of the members of the Child Welfare Committee.

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