CHENNAI: The Child Welfare Committee (CWC) in the city is riddled with problems. The Committee has been without a head for five years. To add to this, the number of members sanctioned as per the law is five, however, the city’s committee has only three members. The lack of leadership and the shortage of members is telling and ultimately affecting the children, stakeholders said. “The CWC is the most sensitive protective mechanism conceived by the law but we have reduced it to a rudimentary body of volunteers,” said a prominent child rights activist, who did not wish to be named. “The Committee is supposed to operate as a panel with combined wisdom but in most cases, because very often all the members are not present, it becomes one person taking the decision. Members are supposed to come every day and sit from morning to evening, but this is not happening.”
As per the provisions of the Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006), a CWC has the same powers as a metropolitan magistrate or a judicial magistrate of the first class.
Once a child is produced before the CWC, the body usually sends the child to a children’s home, and the inquiry is conducted for protection of the child. The purpose of the CWC is to determine the best interest of the child and find the child a safe home and environment either with his/her biological parents, or adoptive parents, foster care or in an institution.
“There is not much awareness about the existence of the CWC, neither is the committee given much respect from other stakeholders in the legal process,” said P Manorama, the former Chairperson of the Chennai CWC. “The Committee is now in bad shape, leading to justice being delayed for these children,” said R Vidyasagar, former child protection specialist, UNICEF. “The appointment of a new committee in Chennai should be a top priority. Shortage of members and absence of a Chairperson is not restricted to Chennai alone but all the CWCs in the districts, too, who face similar issues.”
Advocate V Kannadasan emphasised, “The members are not child psychologists, neither have they worked extensively in the field. They are not aware of the provisions of the law either which is adding to the problem. When a complaint is made, they look into it but they do not prevent injustice by checking violations.”
The city CWC, on their part, said it was tackling a multitude of issues in addition to the absence of a Chairperson and the shortage of staff. The Committee said that the city needs at least three CWCs. “The awareness about the existence of the CWC and its powers is abysmally low. Chennai is the only district where we operate out of two places. We don’t have a proper office and operate out of a small room in a government girls’ home and out of Kellys on other days,” said the Committee.
Functions of CWC
Taking cognizance of and receiving the children produced before it
Conducting inquiry on all issues relating to and affecting the safety and well being of the children under this Act
Directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-governmental organisations to conduct social investigation and submit a report before the Committee
Conducting inquiry for declaring fit persons for care of children in need of care and protection
Conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government
Ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed
Declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry
Co-ordinate with the police, labour department and other agencies involved in the care and protection
What happened in the case of the 11-year-old rape victim from Chennai?
It was observed that the local police had not informed the Child Welfare Committee of the crime within 24 hours of receiving information about it, which is a violation of the Protection of Children from Sexual Offences
(POCSO) Act.
How often does the CWC have sittings?
Five members are supposed to have sittings at least thrice a week to hear cases related to the care, protection, treatment and rehabilitation of vulnerable children.
How many cases does the Chennai CWC receive?
The Committee said they receive about 100 cases a month.