CHENNAI: More than 20 Child Welfare Committees (CWC), the final authority for the disposal of child-related cases at district-level, are yet to receive any communication from the government regarding an extension of their tenure, which ended on February 14.
According to the Juvenile Justice (Care and Protection of Children) Act, 2015, a CWC with one chairperson and four other members should be appointed in every district and the committee’s tenure is three years.
Though the work to reconstitute the committees are on, the current CWCs are left to function without an extension order for over 20 days now, according to sources. “The chairpersons of over 20 districts have not received any letter regarding an extension of their tenure. This could create problems if the decisions taken by these committees during this period are challenged in a court,” said Saranya Jayakumar, member of Tamil Nadu State Commission for Protection of Child Rights (TNCPCR).
“In cases of abuse of children by family members, the offenders could argue in a court that the CWC didn’t have any legal sanctity when it passed an order (placing the victim in a child-care institution, for example). Overturning such an order could affect the future of the children, said a former member of TNCPCR.
Responding to the issue, however, Director of Social Defence Department, S Valarmathi, said the tenure of the committees has been extended by a month. “If the districts have not received the order, it would be sent again,” she said, adding that a Government Order reconstituting CWCs would be issued soon.
It may be noted that when the tenure of the current chairpersons and members of CWCs in 24 districts ended on November 15, 2021, it was extended in 22 districts by three months -- till February 14 -- through a letter on November 22, 2021. In the remaining two districts, the committees were dissolved. Cases from these districts are being taken care of by CWCs of adjoining districts, sources said.
According to the Juvenile Justice (Care and Protection of Children) Act, 2015, the CWCs are the final authority in districts in cases relating to the care, protection, treatment, development, and rehabilitation of children. It functions as a bench with powers equal to those conferred by the CrPC, 1973, on a Metropolitan Magistrate or a Judicial Magistrate (First Class).