Enhancing institutional care

Centre asks States to survey children's homes, proposes amendments to Juvenile Justice Act

March 23, 2012 03:05 pm | Updated 03:56 pm IST - governance

CHILD CARE: The Act provides stringent monitoring of the quality of services in institutional homes for children such as this one in Ooty in Tamil Nadu.

CHILD CARE: The Act provides stringent monitoring of the quality of services in institutional homes for children such as this one in Ooty in Tamil Nadu.

Concerned over the abuse and neglect of children living in child care institutes across the country, the Ministry of Women and Child Development has asked the States to conduct a survey of all such institutions, including orphanages at the district level to ensure that these are registered as mandated under the Juvenile Justice (Care and Protection of Children) Act, 2000. The States have been asked to submit their report to the Ministry within a month.

The Centre has also proposed to amend the JJ Act to include strict penal provision for non-registration and repealing the older existing laws like the Women and Children Institutions (Licensing) Act, 1956 and Charitable Homes (Supervision and Control) Act, 1960 under which child care institutions were licensed and have so far evaded registration under the JJ Act, 2000. The State has also been asked for their views on these issues.

In a letter sent to all State governments, the Union Women and Child Development Ministry has pointed out that differently-abled children were also living in such child care institutions, many of which are also run by religious and charitable institutions, and that this should also be reviewed.

Section 34(3) of the JJ Act provides for mandatory registration of child care institutions housing children in need of care and protection with the intent of enforcing minimum standards of care for services provided to the children in these homes. The JJ Act also provides for stringent monitoring of the quality of services. “It is for this reason that this Ministry has been persistently urging the State governments and Union Territories to identify and register all child care institutions under the JJ Act. However, progress in this regard has been very slow,” Women and Child Development Ministry said in its letter to the States.

To ensure that children in child care institutions receive the best of care, and are not subject to abuse and neglect, it is imperative that all the homes running in your States housing children in need of care and protection are identified and registered under the JJ Act, the letter said.

The Ministry has also asked the States to issue public advertisements to draw the attention of all organisations running facilities for children in need of care and protection towards their obligation to register under the JJ Act. “Simultaneously, surveys may be conducted at the district level to identify such homes that are not registered and the organisation may be urged to register under the JJ Act failing which their registration, recognition or license issued under any other legislation may be withdrawn and the children shifted to any other residential homes under the JJ Act,'' the letter said.

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