Lok Sabha Question No. 2131 (UNSTARRED), answered on 2023-12-15
Subject: Legal Aid to Children in Child Care Homes/ Institutions
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Chandrani Murmu

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.2131

TO BE ANSWERED ON 15.12.2023

## LEGAL AID TO CHILDREN IN CHILD CARE HOMES / INSTITUTIONS

## 2131. MS. CHANDRANI MURMU:

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

- (a) the details of  safety  measures  taken  by  the  Government  in  Child  Care Homes/Institutions in the country;
- (b) the number of children out of all the inmates staying in Child Care Homes/Institutions accused of criminal acts; and
- (c) whether there are any provisions for providing legal aid to such children, if so, the details thereof?

## ANSWER

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

(a) to (c) : The  Ministry  of  Women  and  Child  Development  is  administering  the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) (as amended in 2021) which is the primary legislation for ensuring safety, security, dignity and wellbeing of children in need of care and protection and those in conflict with law including orphans  by  catering  to  their  basic  needs  through care,  protection,  development, treatment, rehabilitation and social re-integration.

Under  the  JJ  Act  2015,  the  Child  Welfare  Committees  (CWCs) have  been empowered to take decisions with regard to the children in need of care and protection including orphaned, abandoned and surrendered. They are also mandated to monitor the function of the Child Care Institutions (CCIs). Similarly, the Juvenile Justice Boards (JJBs) are empowered to take decisions regarding the welfare of children in conflict with law. The Act defines standards of care and protection to secure the best interest of children living in CCIs and aims to provide family environment through non-institutional care services which includes sponsorship, fostercare and aftercare.

The Ministry has notified the Juvenile Justice (Care and Protection of Children) Act, 2015 (as amended in 2021), which has come into effect from 01.09.2022. The Ministry has also notified the Juvenile Justice (Care and Protection of Children) Model Amendment  Rules,  2022  on 01.09.2022 and Adoption Regulations, 2022  on 23.09.2022.  Among  others,  the  Juvenile  Justice (Care and  Protection  of  Children) Amendment Act, 2021 empowers the District Magistrate to function as the focal point for implementation of JJ Act, 2015 and decide the cases of adoption.

The  Ministry  of  Women  and  Child  Development  is  implementing  Mission Vatsalya Scheme (erstwhile Child Protection Services Scheme) through State and UT Governments for care, protection, rehabilitation and reintegration of children in difficult circumstances including orphans on predefined cost sharing basis between the Central and the State Governments.  Such children have access to both institutional and noninstitutional  care  as  per  Individual  Care  Plan  (ICP)  as  mandated  JJ  Act,  2015  (as amended  in  2021).  CCIs  provide/support  for  boarding  &  lodging,  age-appropriate education, access to vocational training, recreation, health care, counselling etc.  Mission Vatsalya Scheme fosters family based care through promotion of adoption and non-institutional care services.

As on 31.03.2023, total 9734 children in Conflict with Law out of 57940 children are living in Child Care Institutions (CCIs) which are supported under Mission Vatsalya Scheme.

The JJ Act, 2015 (as amended in 2021) and the JJ Rules, 2016 (as amended in 2022) lays down various provisions for providing legal aid to children as under :

- i. Section 8(3)(iii) of JJ Act, 2015 mandates JJB to ensure availability of legal aid for the child through the legal service institutions.
- ii. Rule 7(1)(ix) of JJ Rules, 2016 provides that JJB has to ensure that the Legal cum Probation Officer in the District Child Protection Unit and the State or District Legal Aid Services Authority extends free legal services to a child.
- iii. Rule 8(3)(vii) of JJ Rules, 2016 states that when a child alleged to be in conflict with law is apprehended by the police, the police officer shall inform the District Legal Services Authority for providing free legal aid to the child.
- iv. Rule 76(2)(iv) of JJ Rules, 2016 provides that the JJB or CWC shall take necessary steps to ensure completion of inquiry and provide legal aid as well as counselling to the child victim.
- v. Rule  86(13)  JJ  Rules,  2016  states  that  the  Special  Juvenile  Police  Unit  may coordinate with the District Legal Services Authority to provide legal aid to children.

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