Institutional Care for Vulnerable Children

The Law, Present Scenario, and Way Ahead

Vipul Jain
Satyajeet Mazumdar

March, 2021
ABOUT CSA
Catalysts for Social Action is an Indian Non-Profit organization that creates
sustainable impact for children in need of care and protection. CSA has been working
since 2002 to act as catalysts by leveraging existing institutions and empowering them
to improve child outcomes and enhance the quality of care to children. This is achieved
by partnering with like-minded institutions, individuals and corporates. Over the last
18 years we have been enabled by our generous donors, supporting partners and
volunteers to create visible impact in the lives of 20000+ children.

ABOUT THE AUTHORS

Vipul Jain | President and Co-founder | CSA
Vipul is an entrepreneur and innovator, passionate about the transformational impact
of technology on the travel and logistics industry. In 1986 he co-founded and led Kale
Consultants (now known as Accelya) for 29 years as a respected provider of financial
and business intelligence solutions for the airline industry. He is the co-founder and
chairman of Kale Logistics. A B.Tech from IIT Kanpur and a Post Graduate in
Management from IIM Ahmedabad, Vipul is also a recipient of the Asia Pacific
Entrepreneurship Award (APEA) in the outstanding category for the India Chapter.
Vipul and his spouse Shibani co-founded CSA in 2002.

Satyajeet Mazumdar | Head - Advocacy | CSA

Satyajeet has over 9 years of experience in working with non-profits in various
capacities. His areas of expertise include legal research, policy analysis and program
management. He has authored and contributed to several research papers and reports
published in leading journals. He has a degree in Law from Gujarat National Law
University and is pursuing Post Graduate Diploma in Child Rights Law from National
Law School of India University.

Report Development (March 2021)

Vipul Jain | President and Co-founder | Author

Satyajeet Mazumdar | Head - Advocacy | Author
Henal Shah | Senior Manager Fundraising & Communications |
Creative Development
Shahji Patil | Creative Development

Email: info@csa.org.in | Website: www.csa.org.in

Endorsements
This report has been endorsed by:
Table of Contents

List of Abbreviations ............................................................................................................. 5

Executive Summary ............................................................................................................... 6

1. Introduction: Vulnerable children in India ............................................................. 9

2. Law related to care, protection and rehabilitation of vulnerable children ...... 10

2.1. Children’s rights and entitlements ................................................................ 10

2.2. Rehabilitation of children in need of care and protection ........................ 11

2.3 Procedure under the JJ Act with respect to rehabilitation of CNCP ....... 12

3. Institutional care ......................................................................................................... 14

3.1. Profile of children in CCIs ............................................................................... 14

3.2. Role of institutional care .................................................................................. 15

3.3. Services made available to children with CCI ............................................. 16

3.4. Challenges faced by CCIs ................................................................................ 16

4. Our viewpoint vis-à-vis institutional care ............................................................. 19

5. Recommendations and way forward ....................................................................... 21

Endnotes ................................................................................................................................ 24

References .............................................................................................................................. 25
 List of Abbreviations

1. AIDS – Acquired Immune Deficiency Syndrome

2. CARA – Central Adoption Resource Authority

3. CCI – Child care institution

4. CCL – Children in conflict with law

5. CNCP – Children in need of care and protection

6. CPS – Child Protection Services

7. CSA – Catalysts for Social Action

8. CWC – Child Welfare Committee

9. HIV – Human Immunodeficiency Virus

10. ICPS – Integrated Child Protection Scheme

11. MWCD – Ministry of Woman and Child Development

12. NCPCR – National Commission for Protection of Child Rights

13. NGO – Non-governmental organization

14. UNICEF – United Nations Children’s Fund

15. UNCRC – United Nations Convention on the Rights of the Child

3
Executive Summary
This paper explores the existing scenario same is aligned to the UNCRC and other
with respect to care and protection of international conventions.
vulnerable children and recommends
ways in which better support can be Institutional care has been one of the
provided to the huge population of mainstays of child care, protection and
children in difficult circumstances in rehabilitation in India. CNCP [as defined
India. It focuses on institutional care as by Section 2(14) the JJ Act] may be placed
one of the means of rehabilitation of in CCIs in course of their rehabilitation
children in need of care and protection and social integration by the district
(CNCP), and analyses the crucial role Child Welfare Committee (CWC). As per
which child care institutions (CCIs) play a recent report of the National
and the challenges which they face in Commission for Protection of Child
course of their work. This analysis is in Rights, more than 2.5 lakh children are
light of the increased global attention growing up in 7163 CCIs. Children may
towards the so called ‘harmful’ effects of be placed in CCIs for short-term,
institutional care, and the recent action medium-term, or long-term care, till
undertaken by national and state child suitable means of rehabilitation are
welfare bodies in India towards rapid found for them. They may continue to be
and large-scale restoration of children in in institutional care till they reach the age
institutional care. The paper argues that of 18 years. The same 2018 study by
institutional care and family-based care MWCD found almost 33% of the children
options are complementary, and both are in CCIs to be those with single parents, Institutional
required at scale to be able to meet the 15% being orphan / abandoned / care and
needs of vulnerable children in India. The surrendered children, and about 9% family-based
paper presents an analysis of the current being victims of child sexual abuse, care options are
scenario and closes with victims of trafficking, child labour, complementary,
recommendations for care and protection runaway / missing children, victims of and both are
of vulnerable children in India. child marriage, children affected and required at
infected by HIV and AIDS, victims of scale to be able
India is home to 440 million children, and man-made and natural disasters, to meet the
the Ministry of Women and Child homeless children, and children who are needs of
Development (MWCD) estimates 170 mentally and/or physically challenged. vulnerable
million children, or 40 per cent of the total The above categories form about 57% of children in
number to be “vulnerable or the child population in CCIs. Most of the India.
experiencing difficult circumstances”. remaining children were placed in
Taking data from the 2011 census, institutional care because the parents /
UNICEF and Childline, we can safely guardians of the child were incapable of
conclude that at least 20 million out of the caring for them.
170 million vulnerable children in India
could be in situations of extreme risk and The background of children placed in
vulnerability, needing immediate institutional care explains why CCIs play
support from the system. such a crucial role in child care and
protection in India. While there is no
Children in India enjoy rights and doubt that a child grows up best with a
entitlements guaranteed by the family and family-based care should be
Constitution of India and the United preferred for every child, for some
Nations Convention on the Rights of the children, CCIs may not be the last resort,
Child (UNCRC). The Juvenile Justice but instead, the primary resort for care
(Care and Protection of Children) Act, and safety for varying durations. Other
2015 (JJ Act) provides the law, standards, factors such as the large number of
and procedure with respect to CNCP and vulnerable children in India, limited
children in conflict with law (CCL) for success of adoption and foster care, and
their rehabilitation and reintegration into lack of monitoring and support services
the society. It is evident from a perusal of at the grassroots makes it imperative for
these that India has a robust legal greater support to be provided to CCIs
framework and well-defined processes for them to able to give better care and
for rehabilitation of CNCP and that the facilities to children.

Draft - For the purpose of inviting endorsements. 4

 The reality, however, is that only about In the media, some cases of child abuse at
45% CCIs receive some funding from the CCIs have been reported in the recent
Government, which also is intermittent past. Unfortunately, these create an
and in arrears. This means that CCIs are impression that abuse is rampant in child
dependent on private donations, which is care institutions across the country. We
often hard to come by. Many CCIs are believe it is easier to manage this risk in
small and located in semi-rural areas. the institutional context as compared to
They lack the facilities, management continuing abuse in domestic or child
capability and “knowhow” of managing labour contexts. Hence while strict
a wellrun home. These factors - lack of punitive action must be taken against
funds and management knowhow - CCIs where cases of abuse are detected, it
directly impacts the quality of care they should not be allowed to tarnish the
are able to provide to children. They also image of thousands of CCIs which
face excessive scrutiny from the provide excellent care and protection to
Government and suffer negative children, or to drive policy that may turn
perception due to media coverage out to be infructuous and indeed
focussing on isolated incidents of abuse damaging to the best interest of CNCP.
and neglect of children in CCIs, resulting
in demotivation to run CCIs. An alarming Our policy actions must adopt
trend that we are seeing is that many data-driven and evidence-based
CCIs are either closing down or approaches. The data of children in CCIs
converting into hostels due to these should be available in real-time and the
reasons. district and state must have a complete
database and dashboard about children
We firmly believe that CCIs, when in institutional care. Standardised
adequately supported and monitored, methodologies should be used to conduct
can provide family-like care to CNCP. regular social audits of CCIs to collect not We firmly
The services of CCIs will continue to be just data on JJ Act compliance but also believe that
needed in the near future, given the development indicators of the child, such CCIs, when
socioeconomic realities of India and huge health and education data. This adequately
number of vulnerable children. In this standardised data should be used to supported and
context, in our view, the current capacity analyse outcomes. With regular data monitored, can
of institutional care must be maintained collection and analysis, the risks in CCIs provide
even while family strengthening can be mitigated, improvements can be family-like care
programs are scaled up and family-based made, and good outcomes achieved in to CNCP.
care options are promoted. Both CCIs. All of this is very achievable in a
strategies of care and protection must be short time frame.
followed in parallel. Institutional care
and family-based care are not competing Looking ahead, considering the scale and
alternatives, but complementary ground reality of vulnerable children in
programs and both are required in our India, the following are our
country. recommendations for better care and
protection of vulnerable children:
The need for progressively replacing
institutionalization with family and 1. An ongoing process to identify
community-based care options as against vulnerable children is required so
undertaking rapid and large-scale that more children in need can come
deinstitutionalization has been into the purview of care and
acknowledged by the United Nations in protection system and be supported.
its 2019 Resolution on the Rights of the
Child was adopted on 18 December 2019. 2. The mechanism of family
The resolution calls for adequate strengthening and gatekeeping at
resources are allocated to family and entry and exit of institutional care
community-based care, training and needs to be improved.
support for caregivers, and robust
screening and oversight mechanisms to 3. Periodic evaluation of CCIs should
be set up. It does not call for a closure of be carried out and the result made
CCIs as seems to be the impression available both to the CCI
created in some media reports. management as well as government
authorities so that specific areas for
improvement can be identified.

5 Draft - For the purpose of inviting endorsements.

4. CCIs should be provided with
adequate support to reduce risks for
children, improve outcomes and
make them places that provide
family-like care.

5. Better awareness regarding adoption

and foster care needs to be created in
order to promote the same. Foster
parenting should be piloted with
caution, and its best practices
identified before large scale
implementation.

6. Proper rehabilitation of care leavers

should be ensured. Aftercare support
should be enhanced and made
accessible to all.

The sheer number of children facing

difficult circumstances in India requires a
coordinated effort between the
government and civil society
organizations to address the situation
adequately. What is also required is a
well-thought through strategy which is
suited to the Indian context, rather than
replicating models which may have
worked in the west. Only then would we
be able to achieve the common objective
that all of us share – better care and
protection for vulnerable children!

Draft - For the purpose of inviting endorsements. 6

 1. Introduction: Vulnerable children in India
India is home to 440 million children, intervention for abuse cases, which were
which is about 37% of its total at 53,696 or 17% of the total cases. This
population1 . The term ‘child’ here refers category of complaints was followed by
to any person who has not completed 18 those pertaining to child labour (13%),
years of age. Several studies and reports education (12%), runaways (11%) and
indicate that a substantial number of missing children (11%)6. The number of
children in India are growing up in calls requiring intervention has only
difficult circumstances. The 2015-16 increased after the pandemic7.
Annual Report of the Ministry of Women
20
and Child Development states that 17%

around 170 million or 40 per cent of 15 13%

India's children are “vulnerable or 12%
11% 11%

experiencing difficult circumstances 10

Child Labour
characterized by their specific social,

Runaways
Education

children
Missing
5
economic and geopolitical situations, and

Abuse
that all these children need special 0
attention.”2 The vulnerabilities being Type of cases in which CHILDLINE intervened
and their percentage.
faced by these children could be ranging
from malnutrition and lack of education,
to child labour, abuse and exploitation.
The 2011 Census data provides the While these numbers help to get some At least 20
number of child-labour in India to be understanding about the scale of the million out of
10.13 million children between 5-14 problem, it is widely accepted that are the 170 million
years3 and 33 million children between many more children in need of care and vulnerable
the ages of 5-18 years. The UNICEF India protection who are not brought to the children in
Annual Report 2018 estimates that 1.5 attention of the authorities due to gaps in India could be
million girls are married before attaining vulnerability mapping. Taking these in situations of
18 years of age4. The UNICEF State of the estimates into account, we can safely extreme risk
World’s Children 2016 report estimates conclude that at least 20 million out of the and
the number of orphans in India to be 29.6 170 million vulnerable children in India vulnerability,
million5. could be in situations of extreme risk and needing
vulnerability, needing immediate immediate
support from the system. This is a huge support from
10.3 Million number and is important to keep in mind
while thinking about the appropriate
the system.

children between 5-14 years of age strategies to take care of vulnerable

in India are victims of child labour. children.

Children found in difficult circumstances

are usually identified by concerned
citizens, social organizations, or police,
and reported to the Government
authorities for taking suitable action for
their well-being. Government of India
has set up a national helpline –
CHILDLINE - where children found to be
in distress can be reported. The sheer
number of vulnerable children in India
can also be estimated from the fact that in
2018-19, the helpline received a total of
6.2 million calls, which were converted
into 300,000 cases. The largest number of
phone calls were made to seek

7 Draft - For the purpose of inviting endorsements.

2. Law related to care, protection and
rehabilitation of vulnerable children

2.1. Children’s rights 1. Right to equality - Article 14,

and entitlements
2. Right to freedom - Article 19,
Children in India derive their rights
primarily from the Constitution of India 3. Right to life and personal liberty -
and the United Nations Convention on Article 21,
the Rights of the Child (UNCRC)8 which
was ratified by India in 1992. The 4. Right to education - Article 21A,
UNCRC prescribes the minimum rights
and entitlements that nations who have 5. Right against exploitation -
ratified the convention must provide to Article 23, and
every person below the age of 18. These
rights can be broadly classified into the 6. Right against child labour -
following: Article 24.

1. Right to Survival – to life, health, The primary law in India concerning

nutrition, name, nationality; rights and entitlements of vulnerable
children is the Juvenile Justice (Care and
2. Right to Development – to Protection of Children) Act, 20159 (JJ Act).
education, care, leisure, recreation, It is a comprehensive legislation relating
cultural activities; to children alleged and found to be in
conflict with law (CCL), and children in The best
3. Right to Protection – from need of care and protection (CNCP). The interest of a
exploitation, abuse, neglect; statement of objectives of the JJ Act states child can be
that it is a law catering to children’s said to be an
4. Right to Participation – to “basic needs through proper care, overarching
expression, information, thought, protection, development, treatment, principle of the
religion; social re-integration, by adopting a child- JJ Act.
friendly approach in the adjudication and
disposal of matters in the best interest of
children and for their rehabilitation…”.
RIGHT TO The Act establishes bodies of child
welfare, enumerates procedures to be
SU RV I VA L
followed and standards to be maintained
To life, health, nutrition, name,
nationality by authorities and other stakeholders for
ensuring CCL and CNCP receive proper
D E V E L OP M E N T care, protection, development, treatment,
To education, care, leisure, and are rehabilitated into the society.
recreation, cultural activities

The administration of the JJ Act is

P R OT E C T I O N
supposed to be carried out in accordance
From explanation abuse,
neglect with 16 guiding principles mentioned in
Section 3 of the Act. As per these
PA R T IC I PAT I O N principles, institutionalization of a child,
To expression information, post reasonable enquiry, is meant to be a
thought, religion measure of the last resort, and every child
Rights of children as per UNCRC.
living in an institution has a right to
restoration and repatriation with family,
unless it is not in the best interest of the
Rights of children under the Constitution child. The best interest of a child can be
of India are the same ones which are said to be an overarching principle of the
available to every citizen under Part III - JJ Act, since it covers all decisions taken
Fundamental Rights of the Constitution. regarding the child under the Act.
These include: It reads thus:

Draft - For the purpose of inviting endorsements. 8

 “Principle of best interest: All decisions a. Restoration of the child to
regarding the child shall be based on the parents or guardian – This is
primary consideration that they are in the preferred for children who are in
best interest of the child and to help the child contact with the family on
to develop full potential.” determining the suitability,
safety of the child, and capacity
Section 2(14) of the JJ Act defines CNCP of the family to care for the child.
through ten sub clauses. They can be This can be carried out with or
broadly classified and grouped as: without supervision of Child
Welfare Officer or designated
1. Homeless children; social worker15.

2. Victims of child labour; b. Placement of the child in a Child

Care Institution (CCI) – Also
3. Child residing with an abusive or known as ‘Institutional Care’, this
exploitative person; involves placement of the child in a
Children’s Home, fit facility, or
4. Child residing with someone Specialised Adoption Agency for
who is unfit or incapable of the purpose of adoption
taking care of the child; (depending on the eligibility of the
child), or for long term or
5. Child who either does not have temporary care. This is preferred
parents or the parents have when it is determined that the
surrendered the child; family of the child cannot be
traced, or even if the family is in
6. Child who is a victim of an armed contact, restoration of the child to
conflict or natural calamity, and; the family is not in the best interest
of the child16.
7. Child who is a victim or is in the
imminent danger of child c. Placement of the child with fit
marriage. person for long term or temporary
care – A “fit person” is defined as
2.2. Rehabilitation of children any person identified as fit to own
in need of care and the responsibility of a child for a
specific purpose by the CWC upon
protection enquiry17. A child may be placed in
long term or temporary care with a
The JJ Act provides for rehabilitation and fit person by the CWC18.
social integration of CNCP on the basis of
the individual care plan and with due d. Adoption – Adoption can be an
consideration to the best interests of the option for rehabilitation of
child10. As mentioned above, the Act children who are orphan,
provides for a clear preference to abandoned, surrendered and have
family-based care, with institutional care been declared legally free for
as being considered the “last resort”11 adoption. The primary aim of
where family of the child cannot be adoption is to provide a
traced or where restoration of the child to permanent family for such
the family is not in the best interest of the children. The JJ Act defines the
child12. The decision of what intervention term as the process through which
is best suited for CNCP rests with the the adopted child is permanently
Child Welfare Committee (CWC), separated from his biological
including exit and entry into institutional parents and becomes the lawful
care13. The decision is taken on the basis child of the adoptive parents with
of the Social Investigation Report all the rights, privileges and
submitted by Child Welfare Officer. The responsibilities that are attached
CWC also takes into account the child’s to a biological child19.
wishes in case the child is sufficiently
mature to take a view14. e. Foster care - The JJ Act defines
‘foster care’ as placement of a child
Various rehabilitation options recognized by the CWC for the purpose of
by the JJ Act are: alternate care in the domestic
environment of a family other than
9 Draft - For the purpose of inviting endorsements.
 the child’s biological family, that Step 2: Child may be taken in safe
has been selected, qualified, custody and admitted to
ap-proved and supervised for government registered child
providing such care20. On care institution, if deemed
placement, the foster family is necessary by the CWC;
supposed to be responsible for
providing education, health and Step 3: CWC holds an inquiry in a
nutrition to the child, and ensure manner as it deems fit to
the overall well-being of the child. ascertain the need of care and
support for the child. This
f. Sponsorship – This is defined by enquiry is supposed to be
the JJ Act as provision of completed within fifteen days
supplementary support, financial so as to enable CWC to pass
or otherwise, to families to meet the final order within four
the medical, educational and months of first production of
developmental needs of the child21. the child;
The Act empowers he State
Government to make rules for the Step 4: On completion of the inquiry,
purpose of undertaking if CWC is of the opinion that
programmes of sponsorship of the child has no family or
children, such as individual to ostensible support, or is in
individual sponsorship, group continued need of care and
sponsorship or community protection, it may, on
sponsorship22. consideration of social
investigation report submitted
by Child Welfare Officer and
RESTORATION OF THE CHILD TO PARENTS OR
GUARDIAN taking into account the child’s
wishes in case the child is
PLACEMENT OF THE CHILD IN A CHILD CARE
INSTITUTION (CCI)
sufficiently mature to take a
view, pass one or more of the
PLACEMENT OF THE CHILD WITH FIT PERSON
FOR LONG TERM OR TEMPORARY CARE
following orders:

ADOPTION i. Declaration that the child is

in need of care and
FOSTER CARE protection;

SPONSORSHIP ii. Restoration of the child to

parents or guardian or
Rehabilitation options recognized by the JJ Act. family with or without
supervision of Child
2.3 Procedure under the JJ Welfare Officer or
Act with respect to designated social worker;
rehabilitation of CNCP iii. Placement of the child in
Children’s Home or fit
As mentioned above, the CWC has the facility or Specialised
exclusive authority to decide on all cases Adoption Agency;
regarding rehabilitation of children in
need of care and protection, and to iv. Placement of the child with
provide for their basic needs and fit person for long term or
protection, within its district. The temporary care;
procedure followed by the CWC for this,
as enumerated in Section 36 and 37 of the v. Placement of the child under
JJ Act, is as follows: foster care;
Step 1: Child is brought before the vi. Order for sponsorship of the
CWC for suitable decision / child under Section 45 of the
action / rehabilitation by the JJ Act;
police, Childline, NGO or any
concerned citizen, or the child vii. Directions to persons or
presents himself or herself institutions or facilities in
before the CWC;

Draft - For the purpose of inviting endorsements. 10

 whose care the child is
placed, regarding care,
protection and
rehabilitation of the child,
including directions
relating to immediate
shelter and services such as
medical attention,
psychiatric and
psychological support
including need-based
counselling and / or therapy;

viii. Declaration that the child is

legally free for adoption in
case of orphan and
abandoned child after
making all efforts for tracing
the parents or guardians of
the child.

0 PRESENTATION By any citizen, authorities,

1 BEFORE CWC or child himself

In a government
0 PLACEMENT IN
registered CCI, if deemed
2 SAFE CUSTODY necessary

To ascertain needs of
0
INQUIRY child; to be completed
3 within 15 days

On conslderatlon of SIR
0
ORDER and taklng Into account
4 wishes of child

Procedure followed by CWC.

Children in need of care and protection

are thus children who have been
identified and rescued from conditions of
great risk. They are deprived of basic
rights and are either destitute orphans or
children whose parents are unfit or
incapable of taking care of them. It must
be noted that in India, the scale of such
children is huge – much, much larger
than any country in the world. At the
same time, as one can deduce in this
section, India has a robust legal
framework and well-defined processes
for rehabilitation in place that are aligned
to the UNCRC and other international
conventions.

11 Draft - For the purpose of inviting endorsements.

3. Institutional care
The JJ Act recognizes institutional care as largely left by the Government to the
one of the modes of rehabilitation of non-governmental organizations.
children in need of care and protection.
Children for whom institutional care is 3.1. Profile of children in CCIs
found to be the most suitable form of
rehabilitation are placed in a child care Children in need of care and protection
institution (CCI) for short-term, medium may be placed in child care institutions
term, or long term care. The term “Child because of any of the reasons mentioned
Care Institution” is defined in Section 2 in Section 2 (14) of the Act, in course of
(21) the JJ Act as: their rehabilitation and social integration.
As per a 2018 study by Ministry of
“…Children Home, open shelter, observation Women and Child Development,
home, special home, place of safety, Government of India24, of the total
Specialized Adoption Agency and a fit facility number of children living in institutional India has a
recognized under this Act for providing care care, almost 33% are children of single robust legal
and protection to children, who are in need of parents, 15% are orphan / abandoned / framework and
such services;” surrendered children, and about 9% are well-defined
children who are either victims of child processes for
Section 40 (1) of the JJ Act states that the sexual abuse, victims of trafficking, child rehabilitation
restoration and protection of a child is the labour, runaway / missing children, in place that are
prime objective of any Children’s Home, victims of child marriage, children aligned to the
Specialized Adoption Agency or open affected and infected by HIV and AIDS , UNCRC and
shelter. As mentioned in the previous victims of man-made and natural other
section, children in need of care and disasters, homeless children and children international
protection are placed in child care mentally and/or physically challenged conventions.
institutions through an order of the children.
district Child Welfare Committee,
initially during pendency of the inquiry, The above categories form about 57% of
and post inquiry if members are of the the child population in child care
opinion that the child has no family or institutions. Most of the remaining Total number
ostensible support, or is in continued children are placed in institutional care child care
need of care and protection till suitable because the parents / guardians of the institutions
means of rehabilitation are found for the child are incapable / unfit of caring for (CCIs) in India
child, or till the child attains the age of them. The reason for parents placing as 7163, of
eighteen years. these children at CCIs could be domestic which 5977 are
violence, extreme poverty, broken Children’s
A recent report of the National marriage, child belonging to an unwed Home, and the
Commission for Protection of Child mother, mother being a sex worker, or number of
Rights (NCPCR)23 puts the total number either parent is no more, and the living children
child care institutions (CCIs) in India as parent has to go out for work and is hence residing in CCIs
7163, of which 5977 are Children’s Home, unable to take care of the child given lack as 2.56 lakh.
and the number of children residing in of community day care facilities, and
CCIs as 2.56 lakh. This is a sharp fall, both similar situations.
in the number of CCIs and number of
children in institutional care, when
compared with figures of 2018 published
in a study of the MWCD, which put the 9%
number of CCIs at 9589, and number of Others
children at 3.7 lakh.
15% 33%
Children of
As per the NCPCR report, 88% CCIs are Orphan /
single parents
abandoned /
run by private non-profit organizations surrendered
while only 12% are run by the children
Government. Most CCIs run by the
Government are Observation Homes or
Special Home. Hence it is noteworthy
that the responsibility of CNCP has been Profile of children in CCIs.

Draft - For the purpose of inviting endorsements. 12

 3.2. Role of institutional care found to be in their best interest, or the
authorities have been unable to make
The profile of children placed in family or community based care
institutional care specified above makes arrangements for the child. An indicator
it clear that most children in CCIs come of the latter is the data in the 2018 MWCD
from traumatic backgrounds. Given the report stating there are 56,198 children
backgrounds and the lack of social without parental contact in child care Given the
services in most part, it is very difficult to institutions, with 89% of these children backgrounds
imagine where children will be placed for being in the age group of 6-18 years. For and the lack of
their need of short term, or medium term, these children and others who have spent social services
or long-term care, if CCIs are not a sizeable portion of their childhood in an in most part, it
available to them. For them, CCIs may institution, CCIs are effectively a ‘home’ is very difficult
not only be the last resort, but the that provides them a safe place to grow to imagine
PRIMARY resort. For all these children, up in, without which they could have where children
CCIs provide care and protection to them continued to be at risk. They literally will be placed
until they turn 18 years, or until the CWC have no alternative at present. For for their need of
determines that it is safe for them to be children who are placed in institutional short term, or
restored back with their family, or any care due to the incapacity of their parents medium term,
other suitable means of rehabilitation has to care for them, restoration with family or long-term
been found for them. may be possible, but only after careful care, if CCIs are
analysis of each individual case, proper not available to
Thus, the role that CCIs play is social investigation, and employing them.
multifold: thoughtful measures to rehabilitate the
family and ensure safety of the child.
1. They act as temporary shelters or
“holding” institutions for children Other factors which make the role of The 2018
requiring a safe place for a short institutional care critical in the space of MWCD report
period of time. This could be for child protection in India include: states that there
children who are lost or rescued till are 56,198
such time that parents can be traced 1. Large number of vulnerable children children
and children restored to them. in India: As mentioned earlier, the without
number of orphans in India is parental
2. They provide medium term care for estimated by UNICEF to be 29.6 contact in child
children where the family million. The 2015-16 Annual Report of care
environment poses an ongoing risk to the MWCD states that around 170 institutions,
the child, e.g. children of sex workers, million or 40 per cent of India's with 89% of
children who face the risk of children are vulnerable or these children
child-marriage, child labour, domestic experiencing difficult circumstances. being in the age
violence, and abuse. Considering the fact the only 2.56 lakh group of 6-18
children reside in CCIs as per the 2020 years.
3. They provide long term care for NCPCR report, which is just about 1%
children who are orphans, of the UNICEF estimate, it is possible
abandoned, or surrendered, and have that a substantially large number of
not been adopted; those with little children continue to be at risk and The 2015-16
parental contact; or where the parent may not have any immediate access to Annual Report
is unfit to take care of the child. protection within their family or of the MWCD
community. states that
Thus, CCIs presently play a crucial role in around 170
providing a safe space for vulnerable 2. Limited success of adoption as an million or 40
children and children without family option for children without family: per cent of
support to grow up. Assuming that There have been only between India's children
District Child Welfare Committees 3500-4500 adoptions in India through are vulnerable
adhere to the guiding principles of the JJ the Central Adoption Resource or experiencing
Act, the National Policy for Children, Authority (CARA) over the last 5 difficult
201325, and other national and years26. Statistics show prospective circumstances.
international policies and guidelines parents prefer healthy children
related to the protection of children, one younger than 2 years of age, and this
can deduce that for the 2.56 lakh odd has resulted in more than 50,000
children who were residing in child care children without parental contact
institutions as per the NCPCR report, living in CCIs across India above the
either living in an institution has been age of 6.

13 Draft - For the purpose of inviting endorsements.

3. Other family-based care options, 3.3. Services made available to
such as foster care, are resource children at a child care
intensive and may be available to
only few children: The concept of
institution
foster parenting has been recently
The process of rehabilitation and
introduced as an option by few states.
reintegration of children in institutional
Capacity of NGOs and Government
care involves several services which CCIs
authorities are slowly being built to
are required to provide to children to
facilitate and promote foster care.
fulfil their need holistic and integral
While foster care could be a great
development. A list of such services
alternative for children, particularly if
which may be provided is listed under
it leads to adoption, it can only be a
Section 53 of the JJ Act. These include:
safe option for few children and is
very resource intensive in terms of
1. Basic requirements such as food,
trained social workers and
shelter, clothing and medical
counsellors. Proceeding with caution
attention as per the prescribed
is advised, because the experience
standards;
even from the west, where excellent
social services infrastructure exists,
2. Equipment such as wheelchairs,
does not demonstrate it to be free
prosthetic devices, hearing aids,
from risk of abuse.
braille kits, or any other suitable Even though the
aids and appliances as required, JJ Act prescribes
4. Restoration with family may not
for children with special needs; procedure for
always be a safe alternative given the
placement of
lack of monitoring and support
3. Appropriate education, including children in
services at the grassroots: While
supplementary education, special CCIs, standards
restoration back with the family is a
education, and appropriate of care which
good alternative and one that ensures
education for children with special CCIs are
that child has the emotional support
needs: expected to
of the family, it is important that it is
maintain, and
carried out only after careful study of
4. Skill development; facilities which
the situation of the family and
CCIs have to
coupled with adequate support to the
5. Occupational therapy and life skill provide, it does
family and periodic monitoring of the
education; not make it
children. It is an unfortunate fact that
mandatory for
there are many families unfit or
6. Mental health interventions, the Government
unable to provide loving care to their
including counselling specific to to provide
child. Examples are a child in a
the need of the child; financial
family who is a victim of domestic
support to
abuse, a child ‘sold’ by parents into
7. Recreational activities including CCIs.
child labour or marriage, a child with
sports and cultural activities; etc.
a single parent who is left at risk alone
at home, a child whose mother is a
victim of sex trade herself, etc. Unless 3.4. Challenges faced by CCIs
necessary need-based support (e.g.
financial support / rehabilitation / 1. Lack of funding - Lack of funding
counselling / community care, etc.) is for needs beyond basics is one of
provided to such families and the biggest challenges faced by
monitoring mechanisms are made CCIs and this directly and
functional, institutional care is in all indirectly affects the ability of CCIs
probability a better alternative than to provide quality care. Even
restoration with a family where the though the JJ Act prescribes
children have the continuing risk of procedure for placement of
abuse and exploitation. children in CCIs, standards of care
which CCIs are expected to
maintain, and facilities which CCIs
have to provide, it does not make it
mandatory for the Government to
provide financial support to CCIs.
Thus:

Draft - For the purpose of inviting endorsements. 14

 a. While 88% of CCIs are run by for the child’s future. They are also
private non-profit unable to prepare children for exit
organizations, and the on turning 18, prepare Aftercare
remaining are run by the plans for the child, and set up
Government. The government linkages with institutions for
run homes are mostly higher studies or vocational
observation homes for children training which would enable the
in conflict with the law. Thus young adult to live independently
the government has largely outside the CCI.
delegated the responsibility of
care of CNCP to private NGOs. The lack of adequate and dependable
funding, and capabilities and
b. Only 45% of the CCIs receive management know-how of CCIs results
Government funding under the in:
Child Protection Services
(CPS) Scheme (erstwhile 1. Issues with cleanliness and
Integrated Child Protection hygiene of premises: CCIs not
Scheme; as per the 2018 MWCD being able to invest in
report), which is supposed to be maintenance of infrastructure
Rs. 2160 per child per month. facilities results in lack properly
More than half of the total maintained living areas, lack of
number of CCIs do not receive proper sanitation facilities, lack of
any support. clean drinking water, unhygienic CCIs do not
kitchens, unhygienic mattresses, have access to
c. The amount provided under lack of lockers for children, lack of knowledge and
the CPS scheme differs from proper lighting, and lack of any expertise in
state to state, depending on recreational areas and sports areas of child
budgetary allocations . Many facility for children residing. care and
CCIs do not get the full amount protection, such
they are entitled to. 2. Inability to provide development as JJ Act
and education services: CCIs are compliance,
d. The timing and process of unable to hire trained teachers and best practices of
disbursal is very uncertain, and counsellors to provide adequate caregiving,
is in most cases paid in arrears, support for development needs of providing
making it very difficult for CCIs a child. This leads to children remedial
to plan their fund flow. CCIs residing not getting any academic education and
therefore have to depend on support after school hours, no addressing
donations from private sources, access to remedial education, no needs of mental
which may not be forthcoming training in life skills, no career well-being of
for many. awareness, no focus on children.
employability, and no digital
In summary, while ‘outsourcing’ literacy for the children.
the care of CNCP to private NGOs,
the government is not upholding 3. Inability to hire trained staff or
its role in providing funds even to invest in capacity building of
the extent and manner specified in staff: Staff taking care of children
the Child Protection Services and the CCI management very
Scheme. often lack knowledge of child
safety and youth development
2. Lack of capabilities and practices, especially those which
management ‘know-how’ - CCIs are relevant to children coming
do not have access to knowledge from difficult circumstances and
and expertise in areas of child care who have suffered from trauma.
and protection, such as JJ Act Their focus remains at making
compliance, best practices of basic food and clothing available to
caregiving, providing remedial the children and not much thought
education and addressing needs of is put into the child’s emotional
mental well-being of children. needs, need for counselling, and
CCIs fail to capture data on need of preparing the child for
development indicators of the life outside the CCI after he/she
child and to use the same to plan turns 18.

15 Draft - For the purpose of inviting endorsements.

In addition to this, CCIs also face
struggles due to:

1. Excessive documentation - CCIs

face excessive scrutiny and
inspection from the Government,
especially when they are
registered under the JJ Act. This
acts as a deterrent for many from
getting registered because while
registration does not guarantee
any monetary support from the
Government, it does add to their
documentation work. The request
for information is also often
repetitive, without notice, and
frequent because of poor record
keeping by the Government
officials and the data not being
maintained in digitised format by
the CCI.

2. Public perception - CCIs suffer

negative perception from people in
general due to negative media
coverage and campaigns to ‘close
down CCIs’. Isolated instances of
abuse and neglect are highlighted
while the good work done by so
many others hardly gets covered.
This is very demotivating to the
organisations that run CCIs.

3. Impractical expectations from

CCIs – CCIs are often expected to
carry out functions beyond their
capacity. Most of them are not
equipped to provide Aftercare
services or services of monitoring
children post restoration, tasks
which are often imposed on them.
Their focus should be restricted to
providing good quality care to
children within the institution.
Other specialised NGOs should
be assigned tasks of Aftercare and
monitoring and support to
families rehabilitation of family
with schemes post restoration of
child, follow-up visits, etc.

Draft - For the purpose of inviting endorsements. 16

 4. Our viewpoint vis-à-vis institutional care
The good news is that CCIs, when 2. Deinstitutionalization driven by
adequately supported and monitored, targets or ideology can lead to
can provide family-like care to CNCP. adverse consequences: Over the last
CCIs play a critical role in care and two years, we have seen large scale
protection of children in the Indian deinstitutionalisation taking place
context, and their services will continue and many CCIs closing down. This is
to be needed in the near future, given the evident from a comparison of data
socioeconomic realities of India and huge from the MWCD 2019 (9589 CCIs, 3.7
number of vulnerable children. In this lakh children) and NCPCR 2020 (7163
context, the following is our viewpoint CCIs, 2.5 lakh children) reports.
on aspects of institutional care for Similarly, media reports indicate
children: that about 1.45 lakh children have
been sent home since the outbreak of Thus, in our
1. Minimum capacity of institutional the pandemic started. A recent letter view, 2% is the
care must be maintained: An analysis from NCPCR to District Magistrates minimum
of the data around estimated number of 8 states (which created considerable “holding
of vulnerable children in India (which controversy) asked for immediate capacity”
is between 20-25 million) and the time bound restoration of children required in our
estimated capacity of CCIs in country with their families . There is also an country to
(approximately 400,000 across 9000 argument that is often made in forums ensure sufficient
institutions) shows that CCIs that unless institutions are closed and appropriate
presently have capacity to cater to down first, community and family care
just 2% of the total number of based alternatives cannot emerge. The mechanisms are
potential vulnerable children. If an argument extends to saying that available for all
extensive vulnerability mapping trained resources in CCIs should be children in need
exercise was carried out, there would diverted towards family of care and
be more children requiring strengthening and family based care, protection.
intervention, including institutional away from institutional care.
care, for varying periods of time. At
the same time, efforts made towards We do not agree. On the contrary, we
restoration of children in institutional believe until community and Family and
care with their family or their family-based care emerges as a viable community
placement in other family-based care alternative, it will be highly unsafe to based care must
options would ensure more exits will close down existing child care be strengthened
take place of children presently in institutions. Further, if we as a parallel
institutional care. Thus, in our view, deinstitutionalise children driven by strategy and
2% is the minimum “holding targets or ideology, we will put the need for
capacity” required in our country to children back at risk, leading to the institutional
ensure sufficient and appropriate care revolvingdoor syndrome where the care gradually
mechanisms are available for all child will again and again emerge as a reduced to only
children in need of care and vulnerable child in need of care and to those cases
protection. We suggest that a scientific protection. where there is
survey and modelling be done, and it no alternative.
might reveal that an even higher We agree with United Nations 2019
capacity is required than currently Resolution on the Rights of the Child
available. This capacity will be adopted on 18 December 2019 . The
required for many years, until the resolution calls for adequate resources
underlying conditions such as to be allocated to family and
poverty, malnutrition, homelessness, community-based care, training and
lack of women empowerment etc. are support for caregivers, and robust
addressed and family and community screening and oversight mechanisms
based care mechanisms are to be set up. Family and
adequately developed in India. community-based care must be
strengthened as a parallel strategy

17 Draft - For the purpose of inviting endorsements.

 and need for institutional care campaigns against institutional care
gradually reduced to only to those driven mostly by ideologies of some
cases where there is no alternative. western organisations. This takes the
Institutional care and family based form of “bad mouthing” all
care should not be competing for institutional care as impersonal,
funds and resources; rather both are exploitative and abusive, highlighting
required in our country, given the some limited studies on mental
scale of the problem and complex development, pointing to the success
socioeconomic issues involved. of shutting down a few institutions in
some countries whose context may be
Our big concern is that in a haste to very different from India. Even
adopt a utopian policy of only amongst Indian authorities there is a
family-based care, we may destroy tendency to highlight the
(maybe, inadvertently) the existing shortcomings and be silent on the
social infrastructure network of CCIs achievements of child care
in the country and stop efforts to institutions. The point we wish to
strengthen and improve the quality of make is simple - we should be open to
care and outcomes in the institutions. learn from others and pick up best
By doing so we will do great harm to practices where relevant, but our
the few and limited rehabilitation policy in India must be guided by our
means available to CNCP. ‘DO NO ground reality, and be pragmatic to
HARM’ has to be the mantra and this serve the best interest of our children.
requires that family and community We cannot be over influenced by
based care is adequately built up and negative campaigns, but respect and
strengthened to cater to large number strengthen what we have even as we
of vulnerable children before we think fill in the gaps in our care and
about large scale protection of vulnerable children. Standardised
deinstitutionalisation, closure, or methodology
stopping of support to institutions. 5. Using data to reduce risk and and tools
promote quality care: Continuing the should be used
3. Mitigating risk of abuse of children above argument, we strongly believe to ensure
in CCIs: In India, CCIs operate under that decisions – whether they are compliance
the ambit and as per guidelines regarding policies or delivery of with JJ Act and
provided in the JJ Act. The Act and services, must be driven by evidence identify specific
corresponding rules require CCIs to and data. Good outcomes for areas of
maintain high standards of care for children in institutional care are not concern.
children, and are monitored by only very much possible, they can be
authorities established by the Act for measured and tracked using data. To
the same. The risk of systemic abuse make data collection and analysis
in CCIs can be further minimised by effective, standardised methodology
training of care givers, creating and tools should be used to ensure
awareness among children, setting up compliance with JJ Act and identify
of Children’s Committees etc. There specific areas of concern. Individual
are ample examples of best practices child health and educational data
in this area that can be replicated. It is should be used to drive better
easier to manage this risk in the outcomes in these areas. This data can
institutional context compared to be used at CCI level to understand
abuse in domestic or child labour their current level of care and
contexts. Hence while strict punitive outcomes and plan improvements. At
action must be taken against CCIs a district and state level, it can be used
where cases of systemic abuse are to guide policy implementation. Data
detected, the exceptions should not can be used for both for reducing risk
be allowed to drive policy or tarnish and also recognising the good work
the image of thousands of CCIs which that many CCIs are doing. The
provide excellent care and protection objective should be to ensure that
to children. every CCI follows laid down
minimum standards of care and most
4. Negative campaigns against of them achieve outcomes similar or
institutional care: We have noticed a better than ‘family-like care’.
disturbing trend of negative

Draft - For the purpose of inviting endorsements. 18

 5. Recommendations and way forward
The following are our suggestions and The reality, however, is that the Child
recommendations on the way forward for Welfare Committee and other
care and protection of vulnerable Government authorities in most An effective
children in India. These are in the context districts do not have adequate way of ensuring
to the scale and ground reality of resources (both financial and in terms more children
vulnerable children in India. of trained social workers) for the are identified
same. Not only does this result in and supported
1. More intensive vulnerability children who could have received can be to train
mapping – As mentioned above, a other support being placed in frontline
very small percentage of 20-25 million institutional care, it also results in workers (like
vulnerable children in India presently unsafe restoration of children with the Anganwadi and
receive support in any form from the family. Hence the mechanism of Asha workers
Government. An effective way of family strengthening and gatekeeping as well as
ensuring more children are identified at entry and exit of institutional care social workers
and supported can be to train needs to be improved and adequate of NGOs) on
frontline workers (like Anganwadi attention and resources need to be provisions of
and Asha workers as well as social provided for this. the JJ Act so
workers of NGOs) on provisions of that they can
the JJ Act so that they can identify We recommend that better identify
children in need of care and gatekeeping becomes a focus area of children in need
protection. CSA has trained intervention and adequate resources of care and
Anganwadi workers to conduct a and training is provided to protection.
vulnerability mapping exercise in 4 CWC/DCPU and other stakeholders
districts in MP and we can share our in the process. A panel of social
methodology and study. Other workers who can carry out social
organisations may also have done investigation and follow-up visits
community based mapping exercises must be identified by each CWC. All CCIs are not
and have learnings that can be shared. NGOs who can provide prevention or the same and
We recommend a special Working family restoration/rehabilitation should not be
Group be formed to identify best services must be identified and painted with a
practices in vulnerability mapping resourced to undertake this work. broad brush
and a focused large scale program be Post restoration follow-up and stroke. We must
launched to implement the same rehabilitation should not be the have a
across the country. responsibility of the CCI, but of data-driven
specialised NGOs that can be methodology to
2. Better gatekeeping at entry and exit empanelled by the CWCs in each area. evaluate
of institutional care, and institutions as
strengthening families – Where the 3. Digitisation and standardisation of per compliance
child has a family, the option to enable data collection and collation – All with JJ Act as
the family to support the child should CCIs are not the same and should not well as
be explored before considering be painted with a broad brush stroke. outcomes in
institutional care. Even if the child is We must have a data-driven terms children’s
required to be moved to a CCI at that methodology to evaluate institutions right to health,
point in time, the option of family as per compliance with JJ Act as well educa-tion,
restoration should be evaluated from as outcomes in terms children’s right participation,
time to time in a periodic predefined to health, education, participation, exposure to life
frequency. To ensure this, it is exposure to life skills education and skills education
necessary that the CWC and DCPU on vocational training, and other and vocational
the ground have the capacity to parameters of performance. This data training, and
evaluate the situation of the child and must be collected on a regular basis other
family by conducting social and available both to the CCI parameters of
investigation, and have resources to Management as well as government performance.
link the family to social welfare authorities so that specific areas for
schemes and monitor the child improvement can be identified. In this
periodically. way, good work can be recognised
and rewarded, improvement

19 Draft - For the purpose of inviting endorsements.

 encouraged, and action taken against practices and work towards
those institutions who are not encouraging and supporting all CCIs
compliant with the laws and where to provide ‘family like care’.
there is a systemic risk of neglect or
abuse. 5. Building adoption and foster care
capability and capacity – Despite the
We recommend that the government large number of orphan children in
set up a task force to standardise the India, it is disheartening that the
methodology and tools to evaluate number of children being adopted is
compliance with JJ Act as well as very low. Illegal adoptions also
collection of child data outcomes in continue to be a reality. Better
key areas like health, hygiene, awareness regarding adoption and
education, life skills, etc. The foster care needs to be created in order
methodology and collation of data to promote the same. It is also Our goal must
should be standard and digitalised so essential to build capacity at all levels be that every
that data is available to different to enable better monitoring and single CCI in
stakeholders in updated and realtime support to adoptive / foster parents, the country
manner. This project should aim at and reduce cases of disruption. becomes a place
reducing paperwork and data Counselling and support is required of safety,
duplication while providing accurate for both parents and children for nurture and
and updated data to all stakeholders many years as they go through the development so
in real time for purposes of evaluation journey to adulthood. that our
and analysis. children can
We recommend that Government set grow up to
4. Institutions must be supported to up a task force to look at current become happy
reduce risks, improve outcomes and adoption and foster parenting and
make them places that provide processes and benchmark with best contributing
“family-like care” – Our experience is practices across the world to see how members of
that institutions with good and processes can be simplified and made society.
sincere intent can significantly more “adoption friendly”. We believe
improve outcomes if they are that adoption is the best possible
provided not only some funds, but outcome for a child without parental
training and support. This can be care and numbers can be increased We recommend
done by a concerted plan by the manifold. that Aftercare
Government and supported by other becomes a focus
NGOs who have adequate knowledge 6. Enhancing Aftercare for Care area for the
and experience in the sector. Leavers who exit institutions at the Government
Digitisation has made this easier and age of 18 – Support for youth who and CCIs, and
such efforts must be stepped up. Our leave institutional care has been a every care
goal must be that every single CCI in huge gap in the system. They find it leaver is given
the country becomes a place of safety, difficult to find accommodation for the opportunity
nurture and development so that our themselves, given then and support to
children can grow up to become disproportionately few Aftercare become
happy and contributing members of homes run by the Government. Very independent
society. At CSA, we have set up few of them receive the monetary and a
processes by which outcomes on support from the Government which contributing
health, hygiene, nutrition, education, they are entitled to until the age of 21. member of
mental health, life skills, and Without career guidance, support for society.
livelihoods can be measured with higher studies or vocational training,
objective data. Other organisations and support for living expenses, they
who have endorsed this paper are also are orced to take up low paying jobs
doing excellent work with children in and never be able to realize their
institutional care. We are happy to potential, and remain in the cycle of
share our learnings which can be used poverty. Hence for proper
to replicate and scale such efforts. rehabilitation of care leavers, it is
essential that Aftercare support is
We recommend that a Special Interest enhanced and made accessible to all.
Group comprising of NGOs working
in the space along with some We recommend that Aftercare
representatives from Government be becomes a focus area for the
set up to share knowledge and best Government and CCIs, and every care

Draft - For the purpose of inviting endorsements. 20

 leaver is given the opportunity and The above is a suggestion but we
support to become independent and recommend a high-power task force
a contributing member of society. to examine how to reform the funds
Specialized NGOs are required to disbursement mechanism and make it
provide the services required by care a transparent, corruption free and
leavers and successful models and predictable process linked to child
best practices can be replicated care outcomes. This move has the
without too much cost. CSA probably potential to transform the entire
runs the largest NGO-run Aftercare process and systems for children in
program in the country, and other need of care and protection.
organizations who have endorsed
this paper also work in this field. We Conclusion
would be happy to share our
learnings and methodology. The scale of the problems in India do not
allow for a one-track or simplistic
7. Government funding – The CPS solution that can be “imported” from the
scheme, Sponsorship scheme, and West. We need to pursue a multipronged
Aftercare support scheme being solution that fits in with our reality and is
implemented by central and state practical, yet forward looking. This can
Governments are supposed to only happen if all stakeholders to work
provide for funding of CCIs, families together and not in their respective silos.
in need of support, and care leavers Each of us have valuable learnings and
respectively. In practice however, experiences. At the same time all of us
only a small number of rightful have constraints and limitations. Only by
beneficiaries, are actually able to working together not only with
benefit from these schemes. Even Government but also with all other
though the Government mainly relies stakeholders in the space can we achieve
on private institutions to provide the common objective that all of us share
safety and care to children, it does not – better care and protection for
take responsibility of providing vulnerable children!
funding to all institutions. The
situation on the ground varies state by CSA and all organizations who have
state, but in most cases, the endorsed this paper are committed to
implementation of these schemes is share, partner, learn and work with all
marred by poor budgeting, stakeholders and this note is a step in that
unavailability of funds, and in some direction.
cases, lack of awareness of
implementing officers.

The process of funding needs to be

improved and digitised. It should be
made transparent and predictable.
For example, for every CNCP
approved by CWC for placement in a
registered CCI, Rs 2000 per month (or
any other predetermined sum of
money) should be deposited into the
CCI’s bank account with no further
questions asked. If the data of
children in a CCI is accurate and real
time, the funds can be made available
without risk of misappropriation.
Further, if the continuity of these
funds flow is made contingent on the
CCI’s reaching and maintaining
certain outcomes in terms of JJ Act
compliance or health / educational
outcomes, it will provide an incentive
to the CCI to improve its standards of
child care.

21 Draft - For the purpose of inviting endorsements.

Endnotes
1. Census 2011
2. Available at https://wcd.nic.in/sites/default/files/annual-report-2015-16.pdf
3. Source:http://www.ilo.org/newdelhi/whatwedo/publications/WCMS_557089/
lang--en/index.htm
4. Available at https://www.unicef.org/india/media/1161/file/Annual-Re
port-2018.pdf
5. Available at https://www.unicef.org/media/50076/file/UNICEF_SOWC_
2016-ENG.pdf
6. Source: https://www.thehindu.com/news/national/one-in-10-calls-on-abuse-to-
helpline-made-by-children-study/article30863277.ece
7. Source: https://timesofindia.indiatimes.com/india/kids-confined-to-homes-
helpline-sees-drop-in-calls/articleshow/77581980.cms
8. Available at https://www.unicef.org/child-rights-convention/convention-text
9. Available at https://www.indiacode.nic.in/bitstream/123456789/8864/1/
201602.juvenile2015pdf.pdf
10. Section 39(1) of the JJ Act, 2015
11. “Principle of institutionalisation as a measure of last resort” – Section 3(xii)
of the JJ Act, 2015
12. Section 37 (1) (c) of the JJ Act, 2015
13. Section 29 and 30 of the JJ Act, 2015
14. Section 37 (1) of the JJ Act, 2015
15. Section 37 (1) (b) of the JJ Act, 2015
16. Section 37 (1) (c) of the JJ Act, 2015
17. Section 2 (28) of the JJ Act, 2015
18. Section 37 (1) (d) of the JJ Act, 2015
19. Section 2 (2) of the JJ Act, 2015
20. Section 2 (29) of the JJ Act, 2015
21. Section 2 (58) of the JJ Act, 2015
22. Section 45 of the JJ Act, 2015
23. Available at https://ncpcr.gov.in/showfile.php?lang=1&level=2&&sublinkid=
2067&lid=1968
24. Available at https://wcd.nic.in/sites/default/files/CIF%20Report%201.pdf
25. Available at https://wcd.nic.in/sites/default/files/npcenglish08072013_0.pdf
26. Available at http://cara.nic.in/resource/adoption_Stattistics.html
27. An analysis of the funds allocated and released under Child Protection Services
in the previous years indicates that in FY 2018-19, only 79 per cent of GoI
allocations were released, whereas in FY 2019-20, till 16 December 2019, only 44
per cent of the revised estimates had been released by GoI. At the same time,
utilisation of funds for CPS have been high. In FY 2017-18, 100 per cent of funds
released were spent. The total quantum of funds spent increased from Rs. 528
crore in FY 2017-18 to Rs. 630 crore in FY 2018-19. Utilisation as a proportion of
releases stood at 86 per cent. Detailed analysis available at:
https://www.cprindia.org/research/reports/child-protection-services
28. Source: https://www.outlookindia.com/newsscroll/sc-asks-states-to-give-rs-
2000-per-month-for-education-of-children-restored-with-families/1993629
29. Source: ttps://www.ndtv.com/india-news/national-commission-for-protection-
of-child-rights-ncpcr-to-8-states-send-children-in-care-homes-back-to-their-
families-2301454
30. Available at https://bettercarenetwork.org/library/social-welfare-systems/
child-care-and-protection-policies/2019-unga-resolution-on-
the-rights-of-the-child

Draft - For the purpose of inviting endorsements. 22

 References
Articles and Reports

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11. “SC asks states to give Rs 2,000 per month for education of children restored
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restored-withfamilies/1993629; Last accessed 17 January, 2021
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States”; NDTV; Available at ttps://www.ndtv.com/india-news/national-
commission-for-protection-of-child-rights-ncpcr-to-8-states-send-children-in-
care-homes-back-to-their-families-2301454; Last accessed 17 January, 2021

23 Draft - For the purpose of inviting endorsements.

13. “Promotion and protection of the rights of children - Report of the Third
Committee”; United Nations General Assembly; Available at
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N1938707.pdf?OpenElement; Last accessed 17 January, 2021

Legislative Enactments and International Conventions

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https://www.unicef.org/child-rights-convention/convention-text#; Last
accessed 15 January, 2021

2. “The Juvenile Justice (Care and Protection of Children) Act, 2015”; Available at
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3. “The National Policy For Children, 2013”; Available at

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4. “Resolution adopted by the General Assembly on 18 December 2019”;

Available at https://bettercarenetwork.org/sites/default/files/2020-01/A_RES_
74_133_E.pdf; Last accessed 17 January, 2021

Draft - For the purpose of inviting endorsements. 24

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