The recommendation of National Commission for Protection of Child Rights (NCPCR) — that all children in need of care and protection who are in child care institutions (CCI) be sent to their families or placed for adoption and foster care — has drawn criticism from various activists, academics, lawyers, organisations and individuals.
The recommendation is applicable to eight States including Karnataka, where the number of CCIs is high. This order does not apply to children who are placed under specialised adoption agencies or children in observation homes. An open letter which has been signed by 517 people and 261 organisations seeks the withdrawal of the letter “in the best interest of children.”
They have argued that a blanket drive like this would lead to “serious violation of human rights of children residing in these institutions and render some more vulnerable than ever before.” It will also amount to complete disregard for the procedures established in law, they have said.
The signatories have said that although they admit that institutionalisation should be the last resort, removing children from institutional care without considering their peculiar circumstances will inevitably push many children into situations of greater risk of violence, abuse, neglect and exploitation.
They also point out that this is particularly worrying during the COVID-19 pandemic that has rendered children and their families more vulnerable. “In the wake of the COVID-19 pandemic, families have been pushed beyond the margins from food security to housing and livelihood, their problems, including mental health challenges, have increased manifold. Restoring children to such a situation without considering the views of the children and their families and without an assessment cannot be in their best interest,” said the letter.
Further, they have also said that the commission by issuing this recommendation to all Deputy Commissioners and District Magistrates has bypassed and undermined the jurisdiction, powers and functions of the Child Welfare Committees established the Juvenile Justice (Care and Protection of Children) Act, 2015.
The activists, academics and lawyers have instead recommended that social audit of CCIs should be put on the commission’s website and inputs from different stakeholders including children must be sought to improve the functioning of the child care institutions.
Swagata Raha, consultant, Enfold Proactive Health Trust, said that the decision to restore children to their homes cannot be mechanical one. “Many children do not want to go to their homes because of a reason. The are probably at the risk of facing violence or abuse at home,” she said. Ms. Raha also said that children in child care institutions should be restored only after an inquiry is undertaken by the Child Welfare Committee which is done based on social investigation report, individual care plan and after taking into consideration children’s views and reports prepared by the counsellors, social workers or NGOs who are working with the District Child Protection Units.
