Lok Sabha Question No. 2210 (UNSTARRED), answered on 2021-12-10
Subject: Child Welfare Committee
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Hibi Eden

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.2210

TO BE ANSWERED ON 10.12.2021

## CHILD WELFARE COMMITTEE

## 2210.  SHRI HIBI EDEN :

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

- (a) whether the Government is continuously monitoring the activities of child welfare committee of Kerala and if so, the details thereof and the reasons therefor;
- (b) whether for adoption, the child must have a certificate that he is legally free, if so, the details including the steps that have to be taken when biological parents have not given their consent of their own free will;
- (c) whether for adoption the biological parents of such children have been counselled and informed of the fact  that  the  baby  will  be  adopted  and  all  their legal rights over the baby will be terminated and if so, the details thereof; and
- (d) whether the Government is of the opinion that the Child Welfare Committee of Kerala failed in complying with the norms for adoption in a recent controversial case  and  if  so,  the  appropriate  action  taken/  proposed  to  be  taken  by  the Government in this regard?

## ANSWER

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

- (a)        :  The  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2015  (JJ  Act) provisions quarterly review of functioning of the Child Welfare Committee (CWC) by the District  Magistrate.  As  per  information  received  from  the  state  Government  of  Kerala, the  quarterly  review  of  the  14  Child  Welfare  Committees  constituted  in  the  State  is conducted by the District Magistrate.
- (b)      :  Yes, Sir. The adoption process is carried out as per the provisions of the JJ Act and  Adoption  Regulations,  2017.  In  case  of  orphaned  or  abandoned  or  surrendered child, the child must have a certificate from the Child Welfare Committee that he or she is legally free. In case of surrendered child, a surrender deed is executed by the parent or guardian before the Child Welfare Committee, which clearly mentions that the child may be adopted  by  a  person  residing  in  India  or  abroad  and  the  parent  or  guardian gives their consent for the purpose.  After the deed of surrender, the child is considered for declaring legally free for adoption by the Child Welfare Committee.
- (c)        :  As per the JJ Act, the parents or guardian who surrendered the child, shall be given  two  months'  time  to  reconsider  their  decision.  To  discourage  surrender  by biological parents, the Adoption Regulations, 2017 stipulates that efforts shall be made by the Specialized Adoption Agency or the CWC for exploring the possibility of parents retaining  the  child,  which  shall  include  counseling  or  linking  them  to  the  counseling centre set up at the Central Adoption Resource Authority of State Adoption Resource Agency,  encouraging  them  to  retain  the  child  and  explaining  that  the  process  of surrender is irrevocable.
- (d)        :   The  primary  responsibility  of  implementation  of  the  JJ  Act  lies  with  the respective State/UT Governments. 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.

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