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 1

CHILD WELFARE COMMITTEE

The JJ Act, 2015 mainly deals with children falling under the following two categories-
1- Child in conflict with law
2- Child in need of care and protection
While the provisions from s 1 to 26 mainly deal with the first category, the following
provisions deal with the other one.
Section 2(14) of the act defines ‘Child in need of care and Protection’ and enlists 12
categories which may be summed up as follows:
(i) who is found without any home or settled place of abode and without any ostensible
means of subsistence; or
(ii) who is found working in contravention of labour laws for the time being in force or is
found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for
the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable
likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a
reasonable likelihood of the child in question being killed, abused, exploited or neglected
by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or
incurable disease, having no one to support or look after or having parents or guardians unfit
to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or
incapacitated, by the Committee or the Board, to care for and protect the safety and well-
being of the child; or
(vi) who does not have parents and no one is willing to take care of, or whose parents
have abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found after making
reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose
of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
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(xii) who is at imminent risk of marriage before attaining the age of marriage and whose
parents, family members, guardian and any other persons are likely to be responsible for
solemnization of such marriage;

Child Welfare Committee- Section 27

It is established to deal with child in need of care and protection.
Establishment- s 27(1)
- Established by the State Government
- One or more in number in each district
- Exercise power and discharge duties in relation to child in need of care and protection
Composition- s 27(2)
- 1 chairperson + 4 other members
(At least one shall be a woman and another, an expert on the matters concerning
children)
Duration of appointment of members- s 27(6)
Maximum 3 years
Eligibility- s 27(4)
- Active involvement health, education or welfare activities pertaining to children for at
least seven years
- practicing professional with a degree in child psychology or psychiatry or law or
social work or sociology or human development
(Other qualifications may also be prescribed by State Government)
Termination by state government- Grounds- s 27(7):
- Guilty of misuse of power vested under this act
- Convicted of an offence involving moral turpitude
- Failure to attend requisite proceedings
(consecutively for three months or fails to attend less than three-fourths of the sittings
in a year)
Inquiry is conducted by State Government before termination
Role of District Magistrate- s 27(8) and 27(10)
- Quarterly review of the functioning of the Committee.
- Grievance Redressal authority for the Child Welfare Committee

Functions and Responsibilities of the Child Welfare Committee

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Section 30
Clause (i) to (xviii) of section 30 deals with functions and responsibilities of the Child
Welfare Committee, these can be summed up as follows:
i- Take cognizance and receive children produced before it
ii- Conduct inquiry on all issues
iii- Directing relevant authorities for social investigation and submission of report
iv- Inquiry for declaring ‘fit persons’ for taking care of child in need of care and
protection
v- Directing placement of child in foster care
vi- Ensuring care, protection, rehabilitation etc. of children
vii- Selecting registered institutions for child
viii- At least two inspection visits per month of resident facilities for children
ix- Certifying surrender deeds
x- Ensuring efforts are made for restoration of abandoned or lost children to their
families
xi- Declaration of children to be legally free for adoption
xii- Taking suo moto cognizance of cases
xiii- Rehabilitation of sexually abused children
xiv- Dealing with cases referred by the Board under section 17(2)
xv- Coordinating with agencies
xvi- Conducting inquiry in case of complaint of abuse of a child in any child care
institution
xvii- Accessing appropriate legal services for children
xviii- Other functions and responsibilities

Procedure in Relation to Children in Need of Care and Protection

Production before Committee- S 31:

According to s 31(1), following persons may produce the child before the Committee:
(i)
- any police officer
- special juvenile police unit
- designated Child Welfare Police Officer
- any officer of District Child Protection Unit
- inspector appointed under any labour law for the time being in force;
(ii) any public servant
(iii) – Childline Services

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- Any voluntary or NGO

- Any agency as may be recognized by the State Government
(iv) Child Welfare Officer or probation officer
(v) any social worker or a public spirited citizen
(vi) by the child himself
(vii) any nurse, doctor or management of a nursing home, hospital or maternity home
The child shall be produced before the Committee without any loss of time but within a
period of twenty-four hours excluding the time necessary for the journey.

Mandatory reporting regarding a child found separated from guardian- S 32 read with
s 33 and -34:
The section mandates the reporting of any child who claims to be orphan or lost or abandoned
within 24 hours to any Childline Services or the nearest Police Station or to a Child Welfare
Committee or to the District Child Protection Unit.
This section is read with section 34 which provides for an imprisonment up to 6 months or
fine of ten thousand rupees or both as penalty for non-reporting.
Section 33 declares non-reporting as an offence.

Surrender of Children- S 33:

The JJ act, 2015 also gives legal recognition to surrender of children by their parents
themselves owing to any socio-economic or other such circumstances. Such children are also
considered to be children in need of care and protection and are dealt with accordingly.
According to this section:
- Any parent or guardian who wish to surrender the child for physical, emotional and
social factors beyond their control shall produce such child before the Committee.
- If after inquiry and counselling, the Committee is satisfied, a surrender deed may be
executed by the parent/guardian before the Committee.
- A time period of two moths is provided to parents to reconsider their decision and
then the decision is taken accordingly.

Inquiry- S 36:
- According to section 36, it is mandatory for the committee to conduct an inquiry with
regard to child in need of care and protection produced before it or reported to it.
- Also, the Committee on its own or on a report of any person or agency may pass an
order to send the child to any one of the following

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 Children’s home
 Fir facility
 Fit Person
- The Committee also has to order for a speedy social investigation report by a social
worker or Child Welfare Officer or Child Welfare Police Officer.
- The section provides that all children below 6 years of age who are orphan,
surrendered or appear to be abandoned shall be places in a Specialised Adoption
Agency, where available.
- Time period for completion of social investigation: 15 days
Time period for passing final order: 4 months from the date of first production
- After completion of inquiry, if the Committee is of the opinion that the child has no
family or support or is in continued need of care and protection, it may send such
child to any institution as provided in the section till the time suitable means of his
rehabilitation are found or he attains the age of 18 years.

Orders passed regarding a child in need of care and protection- s 37:

Section 37 lists down the orders which may be passed by the Committee after conducting the
inquiry, considering the Social Investigation Report and as per the wishes of the child if
possible to know.
These orders may be summed up as under-
a- Declare the child is in need of care and protection
b- Restoration to parents or guardian etc.
c- Placement of child in a fit institution for the purpose of adoption for long term or
temporary care
d- Placement of child with fit person for long term or temporary care
e- Foster care orders under section 44
f- Sponsorship orders under section 45
g- Directions to persons or institutions regarding care, protection etc. of the child placed
h- Declaration that the child is legally free for adoption

Procedure for declaring a child legally free for adoption- s 38:

Section 38 lays down the procedure for declaring a child legally free for adoption.
Basically, after making all efforts to restore the child to family or guardian, if the Committe
feels that it is not possible to do so, it then starts efforts for other means of rehabilitation.
Adoption is one such manner in which children in need of care and protection are
rehabilitated.
Time period for making this declaration is:
- Two months from the date of production in case of children upto 2 years of age

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- Four months from the date of production in case of children above 2 years of age

Rehabilitation and Restoration of Children

Foster Care- s 44:
Foster care has been defined under section 2(29) of the act as follows:
“foster care” means placement of a child, by the Committee for the purpose of alternate care
in the domestic environment of a family, other than the child’s biological family, that has
been selected, qualified, approved and supervised for providing such care;
Thus, according to section 44, a child may be placed in a foster care which means in a family
which is not his biological family but provides a domestic environment suitable for child’s
best interest. Such a family is known as ‘Foster family’.
Foster family has been defined under s 2(30) as follows:
“foster family” means a family found suitable by the District Child Protection Unit to keep
children in foster care under section 44;

Sponsorship- s 45:
Sponsorship has been defined under section 2(58) of the act as follows:
“sponsorship” means provision of supplementary support, financial or otherwise, to the
families to meet the medical, educational and developmental needs of the child;
Section 45 gives power to State Government to frame rules with regard to sponsorship
programs. The provision also lays down the following criteria for sponsorship-
(i) where mother is a widow or divorced or abandoned by family;
(ii) where children are orphan and are living with the extended family;
(iii) where parents are victims of life threatening disease;
(iv) where parents are incapacitated due to accident and unable to take care of children both
financially and physically

Adoption-
It is also one of the means of rehabilitation of child in need of care and protection
(Discussed later as a separate topic)

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OFFENCES AGAINST CHILDREN

Chapter IX, sections 74 to 84 enlists certain offences against children and punishment for
them. These can be summed up as under-
74. Prohibition on disclosure of identity of children:
This section puts absolute prohibition on publishing anything which discloses the identity of
wither the child in conflict with law or child in need of care and protection.
It is analogous to s 228A of IPC.
Punishment- Imprisonment for a term which may extend to six months or fine which may
extend to two lakh rupees or both

75. Punishment for cruelty to child:

It covers all persons who are having the actual charge or control of the child. The term
‘cruelty’ has been given very wide connotation and includes both physical and mental forms.
Exception- If biological parents surrender the child for reasons beyond their control, they
won’t be charged under this section.
Punishment- Imprisonment for a term which may extend to three years or with fine of one
lakh rupees or with both

76. Employment of child for begging:

This section declares employment of children for begging a punishable offence.
Punishment- Imprisonment for a term which may extend to five years and shall also be liable
to fine of one lakh rupees
In case any body part of child is amputated or maimed, punishment- rigorous imprisonment
for a term not less than seven years which may extend up to ten years, and shall also be liable
to fine of five lakh rupees.

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77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to
a
Child:
Exception- Order of a duly qualified medical practitioner
Punishment- Imprisonment for a term which may extend to seven years and shall also be
liable to a fine which may extend up to one lakh rupees.

78. Using a child for vending, peddling, carrying, supplying or smuggling any
intoxicating liquor, narcotic drug or psychotropic substance:
Punishment- Imprisonment for a term which may extend to seven years and shall also be
liable to a fine up to one lakh rupees

79. Exploitation of a child employee-

In India, children above 14 years of age may be employed in non-hazardous work. This
section penalizes anyone who ostensibly engages a child and keeps him in bondage for the
purpose of employment or withholds his earnings or uses such earning for his own purposes.
Punishment- Rigorous imprisonment for a term which may extend to five years and shall also
be liable to fine of one lakh rupees

80. Punitive measures for adoption without following prescribed procedures-

This section penalizes persons who make adoption of children in contravention of the
provisions laid down under the act.
Punishment- imprisonment of either description for a term which may extend up to three
years, or with fine of one lakh rupees, or with both

81. Sale and procurement of children for any purpose:

General punishment- Rigorous imprisonment for a term which may extend to five years and
shall also be liable to fine of one lakh rupees
Aggravated punishment if such offence is committed by a person having actual charge of the
child, including employees of a hospital or nursing home or maternity home- Term of
imprisonment shall not be less than three years and may extend up to seven years

82. Corporal punishment:

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Corporal punishment generally means the punishment which is inflicted upon children in any
institution in order to make them disciplined.
Punishment- On the first conviction, to a fine of ten thousand rupees and for every
subsequent offence, shall be liable for imprisonment which may extend to three months or
fine or with both

83. Use of child by militant groups or other adults.-

 Any non-State, self-styled militant group or outfit declared as such by the Central
Government, if recruits or uses any child for any purpose,
Punishment- Rigorous imprisonment for a term which may extend to seven years and shall
also be liable to fine of five lakh rupees
 Any adult or an adult group uses children for illegal activities either individually or as
a gang
Punishment- Rigorous imprisonment for a term which may extend to seven years and
shall also be liable to fine of five lakh rupees

84. Kidnapping and abduction of child-

For the purposes of this Act, the provisions of sections 359 to 369 of the IPC shall apply as it
is to a child or a minor who is under the age of eighteen years.

- According to section 85, if any of the above mentioned offences are committed
against disabled children (as defined under Persons with Disability act, 1995), the
penalty provided would be twice.
- Section 87 provides that punishment for abetting any of the above mentioned offence
shall be same as that of committing the offence. (Abatement defined under s 107 of
IPC).
- According to s 89 if any of the above mentioned offence is committed by a child, he
shall be treated as a child in conflict with law.
Section 86- Classification of Offence and Designated Court (As amended by the 2021
amendment act):

Term of Imprisonment Category

More than 7 years Cognizable/ Non bailable

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Three years and above Non- Cognizable/ Non bailable

but not more than 7 years

Less than three years or with fine only Non- Cognizable/ Bailable

Designated Court-
Children’s Court; notwithstanding anything contained in CrPC, Commission for Protection of
Child Rights Act, 2005 or POCSO act, 2012

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ADOPTION
- Chapter VIII sections 56 to 73 deal with Adoption. Along with these
provision, the regulations laid down by the Child Adoption Resource
Authority (CARA) in 2017 also form binding authority in India.
CARA has been established under section 68 of the JJ act, 2015 and is the
regulatory authority for adoptions in India.
- Adoption is one of the means of rehabilitation of children
- The act covers-
 Intra-country adoption (within India)
 Inter-country adoption [ s 56(4)]
 Adoption from one relative by another relative [s 56(2)]
 Adoption by step-parent
- JJ act is a secular legislation, hence adoption can be made by any person
irrespective of religion.

Adoption- section 56:

- According to s 56, adoption shall be resorted to for ensuring right to
family for the orphan, abandoned and surrendered children.
- This act does not apply to adoptions made under Hindu Adoptions and
Maintenance Act, 1856.
- Any person who contravenes the procedure laid down in this chapter shall
be punishable under section 80.

Eligibility of Prospective Adoptive Parents (PAP)- Section 57 + CARA

Regulations:
S 57 eligibility:
- Physically fit
- Financially sound
- Mentally alert
- Highly motivated to adopt a child
- Consent of both the spouses for adoption in case PAP is a couple
- Single or divorced persons can also adopt
But a single male cannot adopt a girl child
Additional criteria under CARA Regulations:

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- No child shall be given in adoption to a couple unless they have at least

two years of stable marital relationship
- Couples with three or more children shall not be considered for adoption
except in case of special need children
- An age-related criteria is also provided which specifies the age limit (both
individual and composite) of PAP

Procedure of Adoption (within India)- Section 58

Application to Specialized Adoption Agency (SAA)

Preparation of Home Study Report (HSR) of the PAPs

PAPs found eligible as per HSR

A child who is declared to be legally free for adoption by CWC under section
38 is referred to them
(Along with a child study report and medical report of the child)

PAPs accept the child by signing on child study report and medical report

SAA shall give the child in pre-adoption foster care and file an application with
District Magistrate for obtaining the adoption order

Certified adoption order received

SAA shall send child immediately to PAP

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- Progress and well-being of the child in the adoptive family shall be

followed up and ascertained.
Procedure for inter-country adoption of an orphan or abandoned or
surrendered child- Section 59
- According to S. 59, if an If an orphan or abandoned or surrendered child
could not be placed with an Indian or non-resident Indian PAP despite the
joint effort of the Specialised Adoption Agency and State Agency within
sixty days from the date the child has been declared legally free for
adoption, such child shall be free for inter-country adoption.
- An eligible non-resident Indian or overseas citizen of India or persons of
Indian origin shall be given priority in inter-country adoption of Indian
children.

Application to authorized foreign adoption agency, or Central Authority or a

concerned Government department in their country of habitual residence

HSR report prepared by the abovementioned authorities

PAPs found eligible

Report referred to CARA

CARA examines the application and if found suitable refers it to Specialized

Adoption Agency

SA match a child with such PAPs and send the child study report and medical
report of the child to them

PAPs if accept the child return the signed reports of the child

SAP files an application to District magistrate for obtaining adoption orders

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Certified copy of adoption orders received from District Magistrate

SAP shall send the order copy to Authority, State Agency and to the PAPs and
obtain a passport for the child

PAP shall receive the child in person from SPA as soon as passport and VISA is
issued

- Alternative arrangements may be made by the authorities mentioned in

step 1 in case of any disruption

Procedure for Disposal of adoption proceedings- Section 61:

- According to section 61, before issuing an adoption, the District
magistrate shall satisfy itself regarding the welfare and wishes of the
child being given in adoption.
- Additionally, the District Magistrate shall satisfy itself that there is no
form of reward or payment involved in consideration of the adoption.
- The adoption proceedings shall be held in camera and the case shall be
disposed of by the court within a period of two months from the date of
filing.

Effect of Adoption- Section 63:

- That child shall become the child of adoptive parents and adoptive
parents shall become the parents of child, as if the child was born to them
(child acquires all rights including succession)
- All the ties with birth-family shall stand severed.
- However, any property which has vested in the adopted child
immediately before the date on which the adoption order takes effect
shall continue to vest in the adopted child subject to the obligations, if
any, attached to the ownership of such property including the obligations,
if any, to maintain the relatives in the biological family

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Specialized Adoption Agencies- Section 65:

They are recognized by the State Government.

Landmark Judgments:
 Lakshmi Kant Pandey v. Union of India, 1984 SCR (2) 795
 In this case, the Supreme Court highlighted the need for regulating
inter-country adoptions in India.
 Guidelines were laid down by the Court which later became the
foundation of CARA guidelines

 Shabnam Hashmi v. Union of India, AIR 2014 SC 1281

 There is no concept of adoption under the Muslim law.
 In this case, the Supreme Court held that despite their being no
concept of adoption under Muslim personal laws, a Muslim can
validly adopt a child under the JJ act as the aforesaid act is a secular
legislation and covers every person irrespective of their caste, faith,
religion, etc.

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MISCELLANEOUS PROVISIONS
Attendance of parent or guardian of children- Section 90:
The CWC or the JJB may at any stage require any parent or guardian of the
child to be present at any proceeding.

Transfer of a child who is mentally ill or addicted to alcohol or other

things- Section 93:
The CWC or the JJB may, if any child is mentally ill or is addicted to alcohol or
other drugs, order the removal of such child to a psychiatric hospital in
accordance with the provisions of the Mental Healthcare Act, 2017.

Transfer of a child to place of residence- Section 95:

If during the inquiry it is found that a child hails from a place outside the
jurisdiction, the Board or Committee, as soon as possible, shall order the
transfer of the child to the Committee or the Board of child’s home district.
Conditions for such transfer-
- Board or Committee is satisfied after due inquiry that it is in the best
interest of the child
- After due consultation with the Committee or the Board of the child’s
home district

Release of a child from an institution- Section 97:

- A child kept in a Children’s Home or special home, may be released by
the CWC or JJB.
- Such release may either be absolute or conditional
- Such release is done on the basis of a report of a probation officer, or
social worker, or Government or a voluntary or Non-governmental
Organization
- Such released child may either be either be permitted to live with parents
or guardian or any authorized person willing to take care of the child.
This power of the Board and Committee emanates from section 104 of the act
which provides for power of the Committee or Board to amend its own orders
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Leave of absence to a child placed in an institution- Section 98:

- Any child may be permitted for a leave of absence by the Board or
Committee for occasions such as examinations, marriage of relatives,
death of kin, accident of parents etc.
- Such period for which leave is permitted shall not exceed 7 days in one
instance.
- The time duration of such leave shall be counted as part of the time he is
liable to be in the Children’s home or Special home

Appeals- Section 101:

 Appeals from decisions of Committee related to Foster care and
Sponsorship After care ------------------------- District magistrate

 Other orders made by Committee or Board--------- Children’s Court

 Appeal against preliminary

assessment made under section 15-------- Court of Sessions

Appeal from orders of Children’s Court-------- High Court

- Time period of appeal: 30 days (may be extended if sufficient reason)

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