Lok Sabha Question No. 1136 (UNSTARRED), answered on 2023-12-08
Subject: Child Welfare Committee
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Lavu Sri Krishna Devarayalu

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.1136

TO BE ANSWERED ON 08.12.2023

## CHILD WELFARE COMMITTEE

## 1136. SHRI LAVU SRI KRISHNA DEVARAYALU :

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

- (a) the measures taken/being taken by the Government to ensure the security and privacy of data related to children in need of childcare facilities;
- (b) the  measures  taken/being  taken  by  the  Government  to  enhance  regulatory oversight  to  ensure  that  childcare  homes  adhere  to  licensing  requirements, specifically for Andhra Pradesh;
- (c) whether the Government is aware of missing profiles and inadequate documentation of Child Welfare Committee (CWCs) across States;
- (d) if so, the measures taken by the Government to conduct regular reviews of the functioning of CWCs; and
- (e) if not, the reasons therefor?

## ANSWER

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

(a) to (b) : 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 well-being 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, rehabilitation and social re-integration. It defines standards of care and protection to secure the best interest of child. 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, keeping their best interest in mind. 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.

Section 74 (1) of JJ Act, 2015 prohibits disclosure of publishing any report in newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure and also disclosure of name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection. Any person contravening such provisions shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.

Section 41 of the JJ Act, 2015 mandates that all institutions in all States/UTs including Andhra Pradesh, which are meant, either wholly or partially, for housing children  in  need  of  care  and  protection  or  children  in  conflict  with  law,  shall  be registered  irrespective   of  whether  they  are  receiving  grants  from  the  Central Government  or  the  State  Government.  Any  person  or  persons  in-charge  of  an institution failing to comply with such provision shall be punished under section 42 of the Act with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both. The  Ministry  of  Women  and  Child  Development  is  implementing  Mission Vatsalya  Scheme  through  States/UTs  for  care,  protection, rehabilitation  and reintegration of children in difficult circumstances on predefined cost sharing basis between the Central and the State/UT Governments. (c)  to  (e)  :  Mission  Vatsalya  Portal  has  been  developed  by  Ministry  of  Women and Child Development in consultation with States/UTs which is used by State Child Protection Society (SCPS), District Child Protection Unit (DCPU), CWC, JJB, CCI, Special Juvenile Police Unit (SJPU) as well as citizens through respective dashboard for all Management Information System (MIS) and documentation purposes. The Ministry regularly follows up with the State/ UT Governments and various advisories have been issued to them so as to ensure the effective implementation of Mission Vatsalya Scheme. National Commission for Protection of Child Rights (NCPCR) has developed an application 'MASI' - Monitoring App for Seamless Inspection in 2022 for real time monitoring of the Child Care Institutions and their inspection mechanism across the country. The effective and efficient functioning of the mechanism for inspection of

Child Care Institutions provided under the JJ Act, 2015.

However, no instance of missing profiles has been received in the Ministry.

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