The Ministry of Women and Child Development is administering the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) which is the primary legislation for ensuring safety, security, dignity and well-being of children. The Act provides for protection 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 and social re-integration. It defines standards of care and protection to secure the best interest of child.
Under the JJ Act, 2015 (Sections 27-30), the Child Welfare Committees 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 functioning of the Child Care Institutions (CCIs). Similarly, the Juvenile Justice Boards are empowered to take decisions regarding the welfare of children in conflict with law (Sections 04-09). At the national and state level, the JJ Act, 2015 provides the National/State Commissions for Protection of Child Rights to monitor the implementation of the Act (Section 109). The National Commission for Protection of Child Rights (NCPCR) was constituted in 2007 to ensure protection of rights of all children.
Under section 54 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the State Governments have to appoint Inspection Committees and under section 53, to assess the basic facilities and infrastructure of the Institution for maintaining their standards. Also section 32 to 34 of JJ Act, 2015 mentions the procedure for mandatory reporting including offence for non-reporting and penalty. Amendments in JJ Act in 2021 have made District Magistrate as the nodal authority in district for child care and protection. He also has powers of inspection of CCIs.
Further, The Ministry regularly follows up with the State/ UT Governments so as to ensure that Child Care Institutions (CCIs) adhere to standards of care as per the JJ Act, 2015 provisions. Various advisories have been sent to all State/UTs regarding mandatory inspection of all CCIs.
The Ministry is implementing a centrally sponsored scheme namely Mission Vatsalya to support to States and UT Governments for delivering services for children in need of care and in difficult circumstances, including for the children in Child Care Institutions (CCIs), which provide/support for boarding & lodging; age-appropriate education; access to vocational training; recreation; health care; counselling etc. Under the scheme guidelines, States/UTs have been instructed for mandatory Police verification of the CCI staff and other staff engaged at State and District level, prior to their appointment to prevent such abuse.
This information was given by the Union Minister of Women and Child Development, Smt. Smriti Zubin Irani, in a written reply in Lok Sabha today.
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