CWC Workshop Report DSW Large

1
Three-day Sensitization cum Orientation

on
Juvenile Justice
of
Workshop held on 3rd to 5th and 25th to 27th August 2012

Venue : Walmi Campus, Phulwarisharif, Patna - 801505
Three days’ Sensitization cum Orientation Workshop on Juvenile Justice for Child Welfare Committees (CWC )
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Hon'ble Chief Justice Hon'ble Justice Hon'ble Justice Hon'ble Justice

Ms.Rekha.M.Doshit Mr.V.N.Sinha Mr.Seema Ali Khan Mr.K.K.Mandal
Mr.Sandeep Mr. Manish Kumar

Paundrik ,Principal Mr. Mansoor Qadri, Mr.AjayKumar,State
Verma, Director, CP Specialist, Coordinator,JSS,
Secreatary, DSW, DSW, Govt. of Bihar
Govt. of Bihar UNICEF GOB
Mr.Sunil Jha, State Mr. Rakesh Kumar Ms.Monalisa Parija Ms.M.M.Hashmi,

Coordinator, ICPS (State Coordinator,
MIES) UNICEF Asst.Director,DSW
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Professor Emeritus Ms.Smita, Mr.Sunil Arora Mr.Vikas Sawant, Ex

B.B.Pandey, Delhi Aangan Trust BalAsha Trust, CWC Member,
University Mumbai Mumbai
Ms. Daisy Narain, Ms. Anjali Gokarn, Mr.Santosh Shinde, Mr.Raj Mangal,
Prof, P.U. & Former Former, CWC Former, CWC Director, Pratidhi
CWC Chairperson Member, Mumbai Chairperson ,
Mr.Haroon Rashid, Ms. Madhumita,

UNICEF
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Workshop Overview
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INDEX
Serial No. Chapter Paage
1. Schedule of Three- day’ Sensitization cum Orientation Workshop on 6-8
Juvenile Justice of CWC held from 3rd to 5th August
2. Descriptive Narration of Three- day’ Sensitization cum Orientation 9-52
Workshop on Juvenile Justice of CWC held from 3rd to 5th August
 Ajay Kumar, State Coordinator, Juvenile Justice System, GoB, 9
Introductory Session
 Mr. Mansoor Qadri, CP Specialist, UNICEF, Session 1: Day 1 9-15
 Professor Emeritus B.B.Pandey, Delhi University, Session: Day 1 15-18
 Ms.Smita Dharmamer, Aangan Trust Session: Day 1 19-23
 Ms. Madhumita, UNICEF Session: Day 1 24-26
 Mr. Mansoor Qadri, CP Specialist, UNICEF, Session 2: Day 2 27-28
 Mr.Vikas Sawant, Ex CWC Member, Mumbai Session : Day 2 & 3 28-32
 Mr. Raj Mangal, Director, Pratidhi’, Session: Day 2 33-39
 Mr.Sunil Arora, Bal Asha Trust, Mumbai Session: Day3 40-46
 Mr. Sunil Jha, State Coordinator, ICPS Session: Day 3 46-49
 Mr. Rakesh Kumar (State Coordinator, MIS) Session: Day 3 50-53
 Closing Session 53
3. Descriptive Narration of Three- day’ Sensitization cum Orientation 53-84

Workshop on Juvenile Justice of CWC held from 25rd to 27th August
 Introductory session 53-55
 Mr.Mansoor Qadri, CP Specialist, UNICEF Session: Day 1 56
 Ms. Daisy Narain, Prof, P.U. & Former CWC Chairperson Session: 56-57
Day 1
 Mr. Raj Mangal, Director, Pratidhi’, Session: Day 1 & 2 58-61
 Ms. Anjali Gokarn, Former, CWC Member, Mumbai 62-66
 The last session Day 1 66-67
 Mr. Mansoor Qadri, CP Specialist, UNICEF, Session: Day 2 67
 Mr.Santosh Shinde, Former CWC Chairperson Session: Day 2 & 3 68-71
 Mr.Sunil Arora, Bal Asha Trust, Mumbai Session: Day3 72-77

 Mr. Sunil Jha, State Coordinator, ICPS Session: Day 3 77-80
 Mr. Rakesh Kumar (State Coordinator, MIS) Session: Day 3 81-83
4. Glossary 84
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7
8
9
Descriptive Narration
of
Three-day Sensitization cum Orientation Workshop
on
Juvenile Justice of CWC
held from
3rd to 5th August
Ajay Kumar, State Coordinator, Juvenile Justice System, GoB, Introductory

Session: Day 1
The session was started by an opening speech by Mr.Ajay Kumar, State

Coordinator, Juvenile Justice System, GoB, describing the objectives of CWC.
He said that the welfare of the child should be CWC’s main concern and
everyone should be aware of their responsibilities. He explained that the first
2 days are for the learning purpose i.e., every participant should try to develop their understanding
about the JJ Act and the functioning of CWC & the 3rd day has been allotted to discuss the problems. He
further appealed everyone for their full participation to make this workshop a success
Mr. Mansoor Qadri, CP Specialist, UNICEF, Session 1: Day 1
The morning session was started with Mr. Mansoor Qadri, CP Specialist,
UNICEF addressing and inviting all the members of various CWC’s, who had
gathered for the event. He gave them a questionnaire consisting 25 questions
based on the understanding of their Job profile and to make their conception
clear. The questions were concerned with related topics such as:
 Who is a Child?
 In which year the UNCRC was ratified by government of India.
 Protection and Care of children is the prime responsibility of whom?
 Rights of children, falls in what category.
 JJ Act 2000 was enforced in which year.
 Chapter 3 of JJ Act talks about what?
 Right definition of the children in the context of a nation.
 Who is a Child In Need Of Care and Protection?
 A child who is found begging shall be dealt under what provision?
 What is the eligibility to be a CWC member?
 Who is the competent authority in the case of children in Need of Care and Protection?
 How CWC should function.
 The CWC can declare a fit person or a fit institution. True/False.
 Whether the CWC has jurisdiction regarding cases of “Missing Children”.
 What should be the Quorum for the meeting of CWC?
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 What is the procedure of signing the final disposal order of a case?
 Which are the cases falling under the ambit of non-institutional or alternative care for
children in need of care and protection?
 Whether the CWC can take SUO MOTU take cognizance of a case related to CNCP
 What should be the primary consideration while taking decisions within the context of the
administration of Juvenile Justice System?
 ICPS stands for what.
 What is child friendly Attitude.
 What is the Documentation procedure of CWC?
After the session of the questionnaire Mr.Mansoor Qadri clarified the doubts and confusions of the
participants, based on the answers provided by them. After this Mr.Mansoor Qadri explained to
everyone that, this is for the first time that a 3 Day workshop is being organized to provide training to
CWC members in respect to the Juvenile Justice. The Schedule of the workshop was provided to
everyone. He said, “Everyone wants’ to have a discussion about their views and perception. We will be
joined by various speakers who are more or less connoisseurs of Juvenile Justice System & they will
provide us with their invaluable guidance. But before that, we all may accept that, we must have some
expectations from this workshop in relevance to our understanding & confusion both, about JJ Act. So
our next activity will be to write down at least 4 expectations on the Sheets provided. We will summarize
them on last day and evaluate the amount of achievement. Thank you.”
The participants got divided into seven groups as instructed. They discussed among themselves about
their expectations. The summary of their expectations without repetition was as following:
Group 1:
 Simple language for interaction.

 Clarification of the difference between Labor act & JJ Act.
 Vivid Description of CWC’s Jurisdiction.
 Describing the concept of Child Welfare.
Group 2:
 Explaining the Salient Features of JJ Act.

 Information about the allied systems of JJ Act.
 The sphere of CWC’s collaboration and Extension.
 Discussion on restoration Mechanism.
Group 3:
 Co-ordination between CWC & Childline.

 Distribution of study Materials on JJ Act.
 Discussion on Adoption.
 Discussion on Foster Care.
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Group 4:
 CWC’s role evaluation.

 Right’s & Duties of CWC.
 Discussing the support system from other NGO’s and Government.
 Practical Knowledge of handling the cases.
Group 5:
 How to create the environment in the best interest of child.

 Explaining the Documentation procedure of CWC.
 Condition of Shelter Homes.
 Concept of Probation Officers.
Group 6:
 Co-ordination with the Police Authority.

 Procedure of issuing the Final order.
 Concept of Observation Homes
 Discussion on process of Rehabilitation & Social Reintegration.
Group 7:
 How to handle mentally challenged.

 Concept of orphan.
 Process of Counseling.
 Concept of Surrender.
The activity was followed by another activity presented by Mr.Mansoor Qadri. He gave a set of
questions to every participant and told them to interact with the other participants in order to find the
answers. The Questionnaire, consisted various simple questions like, Someone who ………….
Married on 1st Visited to Mumbai at Never gets angry First child of the parents
January least once ,short-tempered
Writes with left Went to honeymoon un-married having a done ma in social work,
hand to Nepal, one year old child
Watched cricket Knows 5 languages Writes fluently with Done graduation with
match in a stadium both honors in any language
Plays one musical Born on 15 august Hands having 2 five Was a member of CWC
instrument hundred notes in the before becoming a JJB
pocket / purse member
Knows swimming Plays badminton Has done horse- riding Married to a childhood
once friend
Founder of an Ngo
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At first instance the questions looked irrelevant but the importance was not the answers but the
interaction the members had to make with each other in the process of finding the answers.it took
almost 15 minutes to complete the exercise. After the exercise was complete Mr. Mansoor Qadri asked
everyone the number of answers they have succeeded to collect. The participants with more than 15
answers was considered excellent, 10 was good & below 10 & 5 needed to develop their communication
skills. He threw in some more interactive & comparative questions. They were to enhance their
responsive skills i.e. how they consider themselves to be and can they give a logical explanation for that.
Next a PPT was presented by Mr.Mansoor Qadri. The main points, showed in the PPT, presented by Mr.
Mansoor Qadri were:
Importance of Child Protection.
 A world fit for children is one in which all rights for all children are protected.
 Every child is a bona fide citizen with full rights.
 Even if a child is not a citizen of a particular country, he/she has a right to be protected against
harm in any form whatsoever.

Children’s Right to Protection and the Constitution of India
 Constitutional Guarantees that are meant specifically for children include:

 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A)
 Right to be protected from any hazardous employment till the age of 14 years (Article 24)
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e))
 Right to equal opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity and guaranteed protection of childhood and youth against
exploitation and against moral and material abandonment (Article 39 (f))
 Right to early childhood care and education to all children until they complete the age of six
years (Article 45)
Constitutional Guarantees
Children also have rights as equal citizens of India, just as any other adult male or female. These rights
are enshrined in the following Constitutional provisions:
 Right to equality (Article 14)

 Right against discrimination (Article 15)
 Right to personal liberty and due process of law (Article 21)
 Right against illegal arrest and detention - right against detention in police
 custody beyond twenty-four hours and therefore mandatory production of a person so
arrested before the competent authority within 24 hrs of arrest (Article 22)
 Right against trafficking in human beings and beggary and other forms of forced labor (Article
23)
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 Institutionalization of child care by seeking to entrust programmes of Women and Child
Development to Panchayat (Item 25 of Schedule 11), apart from education (item 17), family
welfare (item 25), health and sanitation (item 23) and other items with a bearing on the welfare
of children (Article 243G read with Schedule 11)
Child Protection: issue and concerns
 Even today, girls are being killed off before they are born
 World’s highest number of child laborers are in India
 India has the world’s largest number of sexually abused children, with a child below 16 years
raped every 155th minute, a child below 10 every 13th hour, and one in every 10 children
sexually abused at any point of time
 Children are trafficked within and across borders for a number of reasons. The National Crime
Records Bureau reported 9,473 cases of various crimes against children in 2004.
 40% of child malnutrition in developing world
 Reducing number of girls in 0-6 age group- for every 1000 boys 927 girls
 46% children from ST and 38% SC out of school
 High rate of child marriage:
 37% of literate & 51% of illiterate girls are married below 18
 Physical and psychological punishment is rampant in the name of disciplining children and is
culturally accepted.
 53.2% reported having faced sexual abuse
 In the year 2006, a study conducted by the MWCD reveals that every second child faces some
form of abuse.
What is Child Protection?
 Different definitions exist, but they have in common:

 Who? The child: a person under 18 years of age; all children, without discrimination of any sort
 What? Protection: both prevention for all children and response for those who fall through the
cracks
 From what? Threats / risks / vulnerabilities: protecting children from violence, abuse,
exploitation, family separation, unsafe migration, etc.
 How? Through laws, services, behaviors, practices, etc.
 Where? Wherever children are, in their families, in schools, in institutions, in police custody, in
their communities... everywhere
 By whom? By all duty-bearers: governments, teachers, social workers, parents, caregivers,
judges, police.... and children themselves
Child Protection: definition
 Convention on the Rights of the Child (1989). Article 19.1: States Parties shall take all
appropriate legislative, administrative, social and educational measures to protect the child from
all forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
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maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
Protection within CRC
 Protection is an inalienable part of Children’s rights… &Children have the right to be protected.
It’s an obligation on part of adults to protect their rights
 UNICEF’s Child Protection Strategy clearly states that, “prevention and responding to violence,
exploitation and abuse is essential to survival, development and well-being”.
 The vision and approach of UNICEF is to create a protective environment, where girls and boys
are free from violence, exploitation and unnecessary separation from family: and where laws,
services, behaviors and practices minimize children’s vulnerability, address known risk factors
and strengthen children’s own resilience.
 UN CRC broadly categorizes children’s rights in 4 broad categories:
 Right to Survival
 Right to Development
 Right to Protection
Right to participation
 Rights before JJB

 Fair and expeditious trial
 presumption of innocence, the right to be notified of the charges, the right to remain silent, the
right to counsel, the right to the presence of a parent or guardian, the right to confront and
cross-examine witnesses and the right to appeal to a higher authority
 Legal aid
Other UN Instruments 1990
 Riyadh Guidelines for Prevention of JD

 UN Rules for the Protection of Juveniles Deprived of their Liberty
 UN Standard Minimum Rules for Non-Custodial Measures
UN Guidelines for Action on Children in the Criminal Justice System 1997
 In the use of the Guidelines for Action at both the international and national levels,
consideration should be given to the following:
 ( a ) Respect for human dignity, compatible with the four general principles underlying the
Convention, namely: non-discrimination, including gender-sensitivity; upholding the best
interests of the child; the right to life, survival and development; and respect for the views of the
child;
 ( b ) A rights-based orientation;
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Basic facts
 How many of them are arrested per year for commission of an offence in India
 Is the number increasing / decreasing?
 What is the rate of JD?
 How many boys / girls?
 Which age group contributes the most?
 What are the trends in JD?
 How are the cases disposed off?
Apart from this another activity introduced by Mr. Mansoor Qadri was the graphical representation of
two circles named Circle of influence and concern. By these he made the participants understand the
dual nature of problems, one that could be soughed out individually & another which needs influence of
various people.
Professor Emeritus B.B.Pandey, Delhi University Session: Day 1
Professor Emeritus B.B.Pandey said that he has been working in the field of
child protection for 50 years. During his tenure he had many feathers in his
cap. He was even Chairman of the Committee for Drafting Model Rules for
the Juvenile Justice (Care and Protection of Children) rules, 2007.He pointed
out various sections & rules of JJ Act which are important for functioning of
CWC. The Summary of the session was:
He mentioned Rule 25 of JJ Act containing Roles & Responsibilities of CWC. The main points were:
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 Take cognizance of and receive children produced before the Committee.
 Decide on the matters brought before the Committee.
 Reach out to such children in need of care and protection who are not in a position to be
produced before the Committee, being in difficult circumstances. The CWC is empowered to suo-
moto take action on behalf of such children;
 Conduct necessary inquiry on all issues relating to and affecting the safety and well being of the
child; (Rule 8(15)) through PO, VPO, recognized agencies).
 Direct the Child Welfare Officers or Probation Officers or non-governmental organizations to
conduct social inquiry and submit a report to the Committee.
 Ensure necessary care and protection, including immediate shelter.
 Ensure appropriate rehabilitation and restoration, including passing necessary directions to
parents or guardians or fit persons or fit institutions in this regard, in addition to Follow-up and
coordination with District Child Protection Unit or State Adoption Resource Agency and other
agencies.
 Maintain a periodic review and follow up on the progress of every child;
 Direct the Officer-in-charge of children’s homes to receive children requiring shelter and care
 Document and maintain detailed case record along with a case summary of every case dealt by
the Committee.
 Provide a child-friendly environment for children: Section 2 (d) of the Model rules state that
‘Child friendly’ means any process and interpretation attitude environment and treatment, that
is humane, considerate and in the interest of the child. This would mean setting up a work
culture which would help the child to feel at ease. This would include display of colorful charts
and a few toys or games. Also the CWC members should ensure that they speak in a befitting
manner to the child and avoid harsh language or tone.
 Recommend ‘fit institutions’ to the State Government for the care and protection of children;
 Declare ‘fit person’ or ‘fit institution’ for an individual child;
 Declare a child legally free for adoption.
 Keep information about and take necessary follow-up action in respect of missing children in
their jurisdiction.
 Maintain liaison with the JJ Board in respect of cases needing care and protection;
 Visit institution where children are sent for care and protection or adoption on a periodic basis to
review the condition of children in institutions, with support of the State Government and
suggest necessary action.
 Monitor associations and agencies within their jurisdiction that deal with children in order to
check on the exploitation and abuse of children.
 Co-ordinate with the Police, Labor Department and other agencies involved in the care and
protection of children with the support of District and State DWCD machinery.
 Liaison and network with the corporate sector and non-governmental organizations for any of
the above, including for social inquiry, restoration and rehabilitation, as and when required and
Maintain a suggestion box to encourage inputs from children and adults alike and take necessary
action.
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The other important points, Professor Emeritus B.B.Pandey mentioned were:
Rule 82/1A: CWC infrastructure includes
Sitting hall Waiting room for Children

A separate room for CWC Waiting room for Parents and Guardians
Rooms for staffs Meeting room for CWC & Children along with the Parents.
Record Room Sanitation Facilities
He said that in a situation of absence of proper infrastructure, CWC can lodge complain or report to the
concerned officials by quoting the provisions under this rule.
Rule 25/C: Reach out to such children in need of care and protection who are not in a position to be
produced before the Committee, being in difficult circumstances. The CWC is empowered to suo-moto
take action on behalf of such children.
Section 29: JJ Act, Child Welfare Committee
 The State Government may, by notification in Official Gazette, constitute for every district or
group of districts, specified in the notification, one or more Child Welfare Committees for
exercising the powers and discharge the duties conferred on such Committees in relation to
child in need of care and protection under this Act.
 The Committee shall consist of a Chairperson and four other members as the State Government
may think fit to appoint, of whom at least one shall be a woman and another, an expert on
matters concerning children.
 The qualifications of the Chairperson and the members, and the tenure for which they may be
appointed shall be such as may be prescribed.
 The appointment of any member of the Committee may be terminated, after holding inquiry, by
the State Government, if-
 He has been found guilty of misuse of power vested under this Act.
 He has been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or he has not been granted full pardon in
respect of such offence.
 He fails to attend the proceedings of the Committee for consecutive three
months without any valid reason or he fails to attend less than three-
fourth of the sittings in a year.
 The Committee shall function as a Bench of Magistrates and shall have the powers conferred by
the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case
may be, a Judicial Magistrate of the first class.
Section 30: JJ Act, Procedure, etc., in relation to Committee
 The Committee shall meet at such times and shall observe such rules of procedure in regard to
the transition of business at its meetings, as may be prescribed.
 A child in need of care and protection may be produced before an individual member for being
placed in safe custody or otherwise when the Committee is not in session.
 In the event of any difference of opinion among the members of the Committee at the time of
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any interim decision, the opinion of the majority shall prevail but where there is no such
majority the opinion of the Chairperson shall prevail.
 Subject to the provisions of sub- section (1), the Committee may act, notwithstanding the
absence of any member of the Committee, and no order made by the Committee shall be invalid
by reason only of the absence of any member during any stage of the proceeding.
Section 31: JJ Act, Powers of Committee
 The Committee shall have the final authority to dispose of cases for the care, protection,
treatment, development and rehabilitation of the children as well as to provide for their basic
needs and protection of human right.
 Where a Committee has been constituted for any area, such Committee shall, notwithstanding
anything contained in any other law for the time being in force but save as otherwise expressly
provided in this Act, have the power to deal exclusively with all proceedings under this Act
relating to children in need of care and protection.
Section 32: Production before Committee
 Any child in need of care and protection may be produced before the Committee by one of the
following persons-

 Any police officer or special juvenile police unit or a designated police officer
 Any public servant
 Childline, a registered voluntary organization or by such other voluntary organization or an
agency as may be recognized by the State Government;
 Any social worker or a public spirited citizen authorized by the State Government or by the child
himself.
 The State Government may make rules consistent with this Act to provide for the manner of
making the report to the police and to the Committee and the manner of sending and entrusting
the child to children’s home pending the inquiry.
With this his session concluded.
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Ms.Smita Dharmamer, Aangan Trust Session: Day 1
The next session was addressed by Ms.Smita Dharmamer of Aangan Trust.

She started the session by advocating the development of a child friendly
attitude among CWC members. She said that everyone should try to think
and see the things from a child’s perspective. As a representative from
Aangan Trust she described the quality work performed by the organization
throughout the country, which includes Monitoring, Capacity Building &
Training. She initiated an activity to make everyone familiar with the mindset of a child. Everyone was
told stand up and try to imitate their signatures imaginarily by performing it from hand, forearm, leg &
vest. It was to make the participants understand the childish attributes of a child. In the next activity
everyone was asked to close their eyes & imagine their memories as a 5 to 10 year old. Moreover they
were asked to reconcile their childhood and express some joyful memories in respect to the following:
 Environment
 Friends
 Home
 Holidays
 Neighborhood

People gave various answers like:
 Excitement of doing something foolish.

 Getting punished for some brash conduct.
 Performing some wayward but exciting activity with the friends.
 Some situation which caused trouble.
 Learning some new things
Ms.Smita Dharmamer said that these memories are still so fresh in your mind whereas almost few
decades have passed. Thus everyone was explained that as a child everything looks or feels like
important. Hence each case & conducts should be examined from the perspective of a child. Moreover,
every CWC member should realize the fact, that, the children who are brought in front of them are
suspicious of everyone, because of their bitter experiences.
In respect to the 18 year age limit the explanation given by her was medical standard i.e., brain gets
fully matured at this age. She further presented her PPT to explain the topics. The main points of the
PPT were as follows:
Questions to be answered:
We all should realize that what are the situations which helps to develop our understanding & what are
the challenges which restricts us from developing
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The Childhood experiences, either good or bad, are the catalyst behind the constructs of our
understanding and perception. The main constraints are :
 Education
 Religion
 Environment
 Family situation
 Caste
 Gender
 Financial condition
Child rights preservation & Indian Constitution
Constitutional Guarantees that are meant specifically for children include:
 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A)
 Right to be protected from any hazardous employment till the age of 14 years (Article
24)
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e))
 Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and youth
against exploitation and against moral and material abandonment (Article 39 (f))
 Right to early childhood care and education to all children until they complete the age of
six years (Article 45)
 Besides, Children also have rights as equal citizens of India, just as any other adult male or
female:
 Right to equality (Article 14)

 Right against discrimination (Article 15)
 Right to personal liberty and due process of law (Article 21)
 Right to being protected from being trafficked and forced into bonded labor (Article 23)
 Right of minorities for protection of their interests (Article 29)
 Right of weaker sections of the people to be protected from social injustice and all
forms of exploitation (Article 46)
 Right to nutrition and standard of living and improved public health (Article 47)
Child Protection Issues in India.
 Malnutrition
 Child Labor
 Child Trafficking
 Sexual Abuse
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 Infanticide
 Child Abuse
Provisions under UNCRC
 The United Nations Convention on the Rights of the Child (UNCRC) is a comprehensive,
internationally binding agreement on the rights of children, adopted by the UN General
Assembly in 1989. It incorporates children’s:
 civil and political rights (like their treatment under the law);
 social, economic and cultural rights (like an adequate standard of living); and
 Protection rights (from abuse and exploitation).
 A child is defined in the UNCRC as a person under the age of 18 years.
There are four main sections to the UNCRC:
 The Preamble
which sets out the major underlying principles of the UNCRC and provides a context for it;
 The substantive articles
which set out the rights of all children and the obligations of governments (Part IArticles 1-41);
 The implementation provisions
which define how compliance with the UNCRC is to be monitored and fostered (Part II
Articles 42-45); andThe conditions under which the UNCRC comes into force (Part IIIArticles 46-54).
Each of the substantive articles, Articles 1-41, details a different type of right. A common approach to
the UNCRC is to group these articles together under the following themes:
Survival rights: include the child’s right to life and the needs that are most basic to existence, such as
nutrition, shelter, an adequate living standard, and access to medical services.
Development rights: include the right to education, play, leisure, cultural activities, and access to
information, and freedom of thought, conscience and religion.
Protection rights: ensure children are safeguarded against all forms of abuse, neglect and exploitation,
including special care for refugee children; safeguards for children in the criminal justice system;
protection for children in employment; protection and rehabilitation for children who have suffered
exploitation or abuse of any kind.
Participation rights: encompass children's freedom to express opinions, to have a say in matters
affecting their own lives, to join associations and to assemble peacefully. As their abilities develop,
children are to have increasing opportunities to participate in the activities of their society, in
preparation for responsible adulthood.
22
General Principles
 Within the UNCRC, four articles are afforded special emphasis, as they are basic to the
implementation of all other rights. These four articles are often referred to as 'general
principles'. These are:
 That all the rights guaranteed by the UNCRC must be available to all children without
discrimination of any kind (Article 2);
 That the best interests of the child must be a primary consideration in all actions concerning
children (Article 3);
 That every child has the right to life, survival and development (Article 6); and
 That the child’s view must be considered and taken into account in all matters affecting him or
her (Article 12).
An Integrated Approach to Children’s Rights
The UNCRC has adopted an integrated and holistic approach to the rights of the child, not least because
economic, social and cultural rights are dealt together with civil and political rights. Moreover, rights are
not ranked in order of importance; instead they interact with one another to form dynamic parts of an
integrated document.
Aspects of Development for Child
 Physical
 Cognitive : Thought & Language
 Affective: Development of Emotion
 Social : Social Behavior
Developmental Stages
 Infancy (Birth to 2 Years)

 Early Childhood (2 to 6 Years)
 Late Childhood ( 6 to 11/12 Years)
 Adolescence ( 12 to 18 Years
Infancy & Early Development
 (Infants 0 to 1 Years) Hope: Trust vs. Mistrust / Needs food, Sustenance & Comfort.
 ( Toddlers 2 to 3 Years) Will: Autonomy vs. Shame & Doubt /”Can I do things myself or do I have
to always rely on others?”
23
 (Preschool, 4 to 5 Years) Purpose: Initiative vs. Guilt / “Am I good or bad” i.e. include risk taking
behaviors, such as crossing a street alone etc. This judges their self limits.
Preadolescence
 Competency : Industry vs. Inferiority ( Childhood 6 to 11 Years)

 “Am I successful or Worthless?”
 Children at this age become more aware of them as individuals.
 “Being responsible”, Being good and doing it right.
 Express their independence by being disobedient.
Adolescence: The last step before becoming an adult
 “Who am I , where I am going?”

 “How I appear to others”.
 Identity Crisis.
 Storm & Stress view.
 Turbulent times with conflict & Mood Conflict.
Identifying High risk Environments
 Sexual/Physical/Emotional Abuse.
 Child Neglect.
 Caregiver Absence.
 Exploitation.
 History of Maternal Mental Disease.
 Limited Paternal Perspective.
 Poor interaction between children & their mothers.
 Head of the family without qualified occupation.
 Dysfunctional Family.
 Presence of stressful events.
 Families with four or more children.
General areas in which child needs help
 Immediate Assistance (Food, Medical, Safety & Security)

 Mental health Assistance ( Counseling)
 Income Assistance (Cash /Living Assistance)
 Legal Status
With these views her session was concluded.
24
Ms. Madhumita, UNICEF Session: Day 1
Ms.Madhumita, UNICEF addressed the next session discussing the

problem of AIDS, its awareness and the measures that needed to be
taken to restrict it’s spread. I this relevance she gave a presentation.
Main points of the presentation were:
Who needs HIV testing?
I. Any infant/child with a history suggestive of exposure to HIV.

a) Mother is HIV positive.
II. In addition any Infant and child showing 2 of the following clinical signs & symptoms should be
sent for HIV testing.
a) Oral Thrush
b) Pneumonia
c) Persistent Diarrhea
d) Enlarged Lymph Nodes
e) Ear Infections
f) Parotid Gland Enlargement
g) Malnutrition
Note: Consent of parents should be taken while testing the child. Confidentiality should be maintained
and status of the child should not be disclosed.
Comprehensive set of clinical services for children affected by HIV/AIDS
1) For a child exposed to HIV/AIDS age <18 months, community based follow up on the following
must be adhered to.
2) Referral service for HIV testing (DNA PCR) for early infant diagnosis at the EID centre.
3) Provision of COTRIMOXAZOLE PROPHYLAXIS for child for all exposed babies.
4) Assess signs & symptoms of OI & TB exposure & referral for treatment.
If the child is diagnosed as HIV positive
1) All HIV infected infants less than or equal to 12 months of age are to be initiated on ART
irrespective of clinical stage or CD4 %/ Count.
2) Regular visit to ART centre for CD4 count.
3) COTRIMOXAZOLE PROPHYLAXIS for the prevention of opportunistic infections.
4) Early management of the opportunistic infections.
5) Nutritional Assessment.
6) Fortified food.
7) If the child is diagnosed as HIV Negative!
If the child <18 months tested negative by HIV DNA PCR, confirmatory test to undertaken after 18
months –rapid test.
25
Note: Consent of parents should be taken while testing the child. Confidentiality should be maintained
and status of the child should not be disclosed.
Bihar EID & ART Centres
EID CENTRES ART CENTRES
ART CENTRES
Need of children living with HIV:
 Health & Medical services including prevention of infection, early diagnosis, prevention &
Treatment of OI, alleviation of HIV rated symptoms and other non-HIV related medical needs.
 Provision of supplementary nutrition for malnourished HIV infected children & their immediate
siblings.
 Education-assistance in provision or linkages to services that provide education to all affected
children.
 Psychosocial support including intervention that addresses the social emotional needs and well
being of infected children and their immediate siblings, mental health, counseling & spiritual
care services.
 Social protection/economic strengthening including sponsorship and cash transfer, care
protection, development & rehabilitation of children linkages with government schemes for
income generation activities.
26
 Legal and redressal support including awareness on child rights and entitlements, interventions
related to legal protection (wills, inheritance, right to own property, birth registration &
guardianship) and redress of discrimination cases.
 Alternative care including alternative systems of care such as foster care, extended family and
adoption and intermediate mechanisms of institutional care through short stay homes, shelter
and orphanages.
 An environment free from stigma and discrimination, to grow to their full potential
.
Alternative Care
 Services aim to ensure that no child goes without shelter, clothing, access to clean safe water or
basic personal hygiene and that child have at least one adult, who provides them with love and
support.
 To ensure that the child remains within the family/community, alternate systems of care such as
foster care, extended family and adoption will be strengthened.
 In case of delay in providing community based care services, intermediate mechanisms of
institutional care through short stay homes, shelter homes, orphanage or other forms of childcare
institutions should be provided.
 Institutional care should be an alternative where there are no available community support systems.
 However, it is imperative that the minimum standards of care are established at these centers and
capacity of staff is strengthen to provide quality services, especially for an infected child.
The framework for the protection, care & support of orphans & vulnerable children living in a world
with HIV and AIDS
 Strengthening the capacity of families to protect and care for orphans and vulnerable children
by prolonging the lives of parents and providing economic, psychosocial and other support.
 Mobilizing and supporting community based responses.
 Ensuring access to orphans and vulnerable children to essential services, including education,
health care & birth registration.
 Ensuring the governments protect the most vulnerable children through improved policy and
legislation and by channeling resources to families and communities.
 Raising awareness to all levels through advocacy and social mobilization to create a supportive
environment for children and families.
27
Mr. Mansoor Qadri, CP Specialist, UNICEF, Session 2: Day 2
The morning session on second day was addressed by Mr. Mansoor Qadri
describing the principles of JJ Act & its objectives. The excerpts of the session
were as follows:
Proper understanding of child rights and its importance must be realized. The
areas of concerns are:
 Physical & Mental Disability among the children, its procedures & aspects.
 In many cases government health order is needed to be sanctioned.
 Right to Education for children i.e., if CWC feels that a child is being deprived of his
educational right, they can exercise their power to admit him in an institution.
 Child in need of special care, cases is only 2 to 3 within a month. Thus if needed CWC
can reach out to them personally.
 Child Protection may be the core of CWC but child liberty is also important.
 As a committee CWC has been empowered to exercise the powers of a first class
Magistrate, hence they should be fully aware of the Sections and rules of the JJ Act.
 CWC has a right to contempt in some cases.
 Various districts are lacking proper homes for the mentally challenged juveniles.
 Numbers of Orphanages are too scarce in the districts.
Some salient features mentioned by Mr.Mansoor Qadri in the context of the JJ Act are:
 Principle of presumption of innocence.

 Age of innocence.
 Procedural Protection of innocence.
 Protection of legal & Guardian AD LITEM.
 Right to Dignity.
 Right to be heard.
 Best interest of the child.
 Responsibility of the Family.
 Safety of the child.
 Stigmatizing semantics, decisions & action.
 Equality & Non Discrimination towards the Child.
 Privacy & Confidentiality of the Child.
 Observation home is the Last Resort.
 Restoration of the Child.
 Fresh Start for the child.
Support system of JJ Act includes:
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 SJPU
 Role of Voluntary Organizations
 Role of Childline.
 Creation of fund for welfare & rehabilitation.
 Advisory board of central, state, district & city.
Mr. Raj Mangal, Director, Pratidhi’, Session: Day 2
Mr.Raj Mangal addressed the afternoon session on the second day. He dealt
with the topics like:
 An overview of the Juvenile Justice Act:

 An overview of the Juvenile Justice System in India
 The Salient Features of JJ Act – 2000
 The Guiding Principles
 CWC functioning entry to exit.
Excerpts of the session were as follows:
 Child & Juvenile are just different terms but the meaning or description is same i.e., from 0 to 18
years. As long as child falls within this age group, he or she comes under the jurisdiction.
 Powers of the CWCs
 The JJ Act states that the CWC shall function as a Bench of Magistrates and shall have the powers
conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as
the case may be, a Judicial Magistrate of the first class. (Section 29, JJ Act).
 Section 31 of the JJ Act clearly states that the Committee shall have the final authority to dispose of
cases for the care, protection, treatment, development and rehabilitation of the children as well as
to provide for their basic needs and protection of human rights. Thus we see that the CWC will not
have the specific powers conferred upon the JMFC or an MM under Section 29(2) of the CrPC
however it does confer certain powers such as:
 Power to compel a police officer to investigate a non-cognizable case or a cognizable offence of

which he has taken cognizance. Please note that all such orders issued should be signed by two
members of the CWC;
 To hold investigation or preliminary inquiry on receipt of the report of a police officer;
 The Committee shall also have the power to compel the production of child in need of care and
protection suo moto ie on its own accord.(Section 27(3) of the Rules of the JJ Act r/w Sec. 190
CrPC);
29
 It is important to note that even though the CWC members function as a bench of magistrates they
usually exercise civil functions. Therefore they have very few powers with respect to criminal
aspects. The powers with respect to criminal aspects are:
 Taking evidence of the child, that is the child’s statements.
 Issuing of summons or warrants (Elaborated in Chapter 5 of this document
 The CWC constituted for a district will have the power to deal exclusively with all proceedings
under the Act relating to children in need of care and protection found in their jurisdiction. (Section
31 JJ Act).
 Further the CWC can prohibit the publication in print or visual media of the name, address or
school or any other particulars calculated to lead to the identification of the
 Taking evidence of the child, that is the child’s statements.
 Issuing of summons or warrants (Elaborated in Chapter 5 of this document).
 The CWC constituted for a district will have the power to deal exclusively with all proceedings
under the Act relating to children in need of care and protection found in their jurisdiction. (Section
31 JJ Act).
 Further the CWC can prohibit the publication in print or visual media of the name, address or
school or any other particulars calculated to lead to the identification of the
 child or publish a picture of any such child except when in its opinion such disclosure would be in
the interest of the child. The CWC in such a case must make a note of the reasons for such
disclosure. (Section 21 amendment 15 of 2006).
 Rights of the CWCs
 No suit or legal proceedings shall lie against any officer and the staff appointed in pursuance of
this Act in respect of anything which is in good faith done or intended to be done in pursuance
of this Act or of any rules or order made there under. (Section 67 JJ Act).
 For the first three months, follow up of the child should be done once every month. From 3
months to a year, the follow up should be undertaken at least once in 3 months.
 Further follow up should be done depending upon the situation of the child.
 For those children who are institutionalized, the CWC should continue to monitor the progress
of the child’s health, education and psycho-social well being at least once a year.
 For those children who are released from institutions/ or are placed in non institutional
alternative care, the follow up of the child should be conducted annually for at least 2 years.
 Institutionalization only as a last resort: The CWC should ensure that there is no order passed
for long term institutionalization such as till the child turns 12 years or 18 years. If the CWC feels
that the child needs to be separated from the family for a short duration for the child’s care,
safety and protection, it must give such an order for the shortest duration of 1 year. Such an
order should be reviewed each year. Before giving such an order, the CWC has to give reasons
30
why the child is being institutionalized and why family based non institutional services were not
considered against institutionalization.
 Complaints against improper care in Homes: The CWCs are expected to monitor the standards
of care and protection in institutions within their jurisdiction. If the CWC find malpractices in
relation to the care of children in institutions, such matters should be reported to the
Commissioner, DWCD to take immediate action.
 During the proceedings: Make sure that the interpreter/translator is present, when child does
not speak the same language as the CWC members.

Filing FIR: It is ideal that CWC should act as the complainant and file the FIR on behalf of the
child.
 During investigation by the police: When the police is making an inquiry i.e talking to the child
either the CWC member should be present or CWC should ensure that the NGO member or PO
is present.
 Compensation: when a case is filed in the court the CWC may instruct the Public Prosecutor to
ask for compensation under Section 374 of CrPC for the victim child.
 These and other responsibilities have been detailed in the subsequent sections of this
document. Given below are some guidelines for administrative procedures that pertain to the
CWC.
 Child or publish a picture of any such child except when in its opinion such disclosure would be
in the interest of the child. The CWC in such a case must make a note of the reasons for such
disclosure. (Section 21 amendment 15 of 2006).
Mr.Raj Mangal defined the CNCP children as follows:
 Homeless
 Mentally & Physically
 Beggars
 Street & Labor children
 Exploited children
 Neglected Children / Deprived of basic needs
 Orphans / Neither parents nor Guardians , no one to take care of
 Abandoned
Other important sections mentioned by Mr.Raj Mangal were:
31
 Section 31: JJ Act / Powers of Committee
 The Committee shall have the final authority to dispose of cases for the care, protection,
treatment, development and rehabilitation of the children as well as to provide for their basic
needs and protection of human right.
 Where a Committee has been constituted for any area, such Committee shall, notwithstanding
anything contained in any other law for the time being in force but save as otherwise expressly
provided in this Act, have the power to deal exclusively with all proceedings under this Act
relating to children in need of care and protection.
 Section 33: JJ Act / Inquiry:
 On receipt of a report under section 32, the Committee or any police officer or special juvenile
police unit or the designated police officer shall hold an inquiry in the prescribed or agency as
mentioned in sub- section (1) of section 32, may pass an order to send the child to the children’s
home for speedy inquiry by a social worker or child welfare officer. manner and the Committee,
on its own or on the report from any person
 The inquiry under this section shall be completed within four months of the receipt of the order
or within such shorter period as may be fixed by the Committee: Provided that the time for the
submission of the inquiry report may be extended by such period as the Committee may, having
regard to the circumstances and for the reasons recorded in writing, determine.
 After the completion of the inquiry if the Committee is of the opinion that the said child has no
family or ostensible support, it may allow the child to remain in the children' s home or shelter
home till suitable rehabilitation is found for him or t ll he attains the age of eighteen years.
 Section 34 : JJ Act / Children Home
 The State Government may establish and maintain either by itself or in association with the
voluntary organizations, children’s homes, in every district or group of districts, as the case may
be, for the reception of child in ne d of care and protection during the pendency of any inquiry
and subsequently for their care, treatment, education, training, development and rehabilitation.
 The State Government may, by rules made under this Act, provide for the management of
children’s homes including the standards and the nature of services to be provided by them, and
the circumstances under which, and the manner in which, the certification of a children’s home
or recognition to a voluntary organization may be granted or withdrawn.
 Section 38: JJ Act / Transfer:
 If during the inquiry it is found that the child hails from the place outside the jurisdiction of the
Committee, the Committee shall order the transfer of the child to the competent child.
authority having jurisdiction over the place of reside ce of the
 Such juvenile or the child shall be escorted by the staff of the home in which he is lodged
originally.
32
 The State Government may make rules to provide for the travelling allowance to be paid to the
child.
 Section 39: JJ Act / Restoration:
 Restoration of and protection to a child shall be the prime objective of any children' s home or
the shelter home.
 The children' s home or a shelter home, as the case may be, shall take such steps as are
considered necessary for the restoration of and protection to a child deprived of his family
environment temporarily or permanently where such child is under the are and protection of a
children' s home or a shelter home, as the case may be.
 The Committee shall have the powers to restore any child in need of care and protection to his
parent, guardian, fit person or fit institution, as the case may be, and give them suitable
directions. Explanation.- For the purposes of this section" restoration of child" means
restoration to-
 parents;
 adopted parents;
 Foster parents.
 Rule 85 : JJ Act / Honorary Probation Officers :
 To augment the existing probation service, honorary or voluntary Probation Officers may be
appointed from the voluntary organizations and social workers found fit for the purpose by the
Competent Authority i.e. the Board. [Section 2(g) r/w Rule 85]
 Rule 65 : JJ Act / Restoration :

 The Board shall pass order for restoration of the juvenile after hearing the juvenile and his
parents or guardian, as well as on the report of the Probation Officers. In case of girl, the
juvenile shall be accompanied by a female escort. When a juvenile expresses his unwillingness
to be restored back to the family; the Board shall not coerce him to go back to the family,
particularly if the Social Investigation Report establishes that restoration to the family may not
be in the best interest of the juvenile. [Rule 65]
With this the session of Mr.Raj Mangal concluded.
33
Mr.Vikas Sawant, former CWC Member, Mumbai Session : Day 2 &

3
Mr. Vikas Sawant started his session by directing a question, “what’s

the difference between Law & Rule. He explained it by saying “The
rule is the way to implement the law. Thus both are complementary
to each other & we need to know the both. Law has two streams
Central & State. In the case of JJ Act, if state rules are not formulated,
then central rules are the model rules for implementation. ”
Excerpts of his session were:
Definition of WORKING CHILD: The Juvenile Justice Act, 2000 talks of the working child in its definition
of a child needing care and protection (Sec 2d).
Specific Legislation relating to child labour
The Child Labour (Prohibition and Regulation) Act, 1986 (CLPRA) is the central legislation
governing child labour in India. The Department of Labour is concerned with the enforcement of this
Act. The Act bans the employment of children below 14 years in specified ‘hazardous’ occupations or
processes and regulates the working conditions of children in other areas of employment.
How can Child Labor Prohibition and Regulation Act be used by the CWC
The CWC members can give directives to the relevant enforcement agencies (in most cases the police
and the Labor Departments of the State Government) to use provisions of CLPRA for children below 14
years who are found working in occupations and processes that are prohibited under the Act. The CWC
can direct the Labor Department and police to pursue the prosecutions and convictions
against employers, to collect fines (police) and furnish the rescue certificate (labor) for the child so
that the child can benefit from rehabilitation schemes and programmes like NCLP,
enrolment in school, economic rehabilitation programmes for their families for the
rehabilitation of the child and family.
Procedure to be followed when a working child/ child laborer is produced before the
Child Welfare Committee
 In addition to the Standard procedures to be followed as laid out in Chapter 3

following Special Procedures have to be followed whenever a working child is
34
produced before the CWC. The working child may be rescued by the police, the Labor
department officials and NGOs and produced before the CWC.
 Ensure age verification
 The CWC should use the powers given to it by Sec. 49 of the JJA to determine the age of the
child. This becomes important in cases of child labor since the definition of age as per the JJA (18
years) differs from the CLPRA (14 years). This would ensure that the FIR and subsequently the
charge sheet filed, uses the appropriate legal provisions.
Ensure medical examination:
 The procedures for medical examination (detailed out in Chapter 3 General Procedures of this
document) are to be followed.
Ensure comprehensive police investigation:
 The CWC must direct the police to collect all forms of evidence that shall be used in the legal
proceedings like documents of employment, attendance musters, photographs of the
workplace, statements of children, family members, NGOs who participated in the rescue and
others and any other important evidence. This would help in the process of prosecution.
Ensure strong charge sheet prepared:
 An FIR must be filed and CWC must ensure that copy of FIR is collected for record. Once the
police investigation is completed, the CWC must ensure that the charge sheet is prepared and
judicial proceedings under Criminal Procedure Code are initiated against offenders. To make
sure the case is a strong one, and the offenders do not go unpunished, the CWC must check
that all sections of different laws which are applicable are incorporated, inputs
from NGOs are taken and the reports of the Probation Officer, statements recorded
by the Child Welfare officer, etc. are part of the Charge Sheet.
Ensure Individual Care Plan for the child is prepared
 Based on the processes of home inquiry and discussions with the child, the PO
prepares the rehabilitation plan for the child. Immediate rehabilitation can begin
through education, recreation activities. Counseling facilities will be important for children who
have faced abuse, exploitation, separation from the family under any possible circumstances.
Further an activity was introduced by Mr.Vikas Sawant. He divided participants into various groups. Each
group had a case study, on the basis of which they had to write the full procedure of CWC that has to be
implemented in the respective cases.
35
Group 1, Case: A married women named Akhli Ramlal Yadav, age 19 years lives with her mother instead
of her husband. She comes in front of CWC with an infant of two days. Her objective was to surrender
the child.
CWC Procedure:
 As the mother herself is of 19, thus she got married at the age of 17 which is a case of child
marriage. A D.N.A test should be performed to make sure that the child is from his husband.
 Conversation & Counseling with the Bio-Mother.
 She should be made aware of the reconciliation period i.e., 60 days.
 A Document of surrender (DOS) should be prepared with a 100 rupees stamp paper.
 Documents to be checked are:
 Hospital Discharge Card.
 Birth Certificate of Bio Mother.
 Marriage Certificate.
 Residential Proof of Bio Mother.
 Document of surrender (DOS) should be signed by 3 CWC members
 Document of surrender (DOS) should be kept in a sealed envelope.
 If within 60 days the Bio Mother doesn’t come to claim the child, then the child can be declared
as legally free.
 If within 60 days the Bio Mother comes to claim the child, then proper enquiry and follow up
should be performed.
Group 2, Case: A 7 year girl found at Patna Railway Station. Her stepmother left her in a train at
Lucknow station in her father’s absence. She was rescued by GRP and was taken care of. Her father
recovered her after 4 months on the basis of news published in a paper.
CWC Procedure:
 The police personals involved in the case were summoned to get present before CWC as they
should have handed over the child to CWC.
 Verify the FIR if it is done.
 Issue TVM.
 Photo publication in the Newspaper.
 Verify that police have informed to the missing bureau or not.
 Parents along with the girl were summoned to get present before CWC.
 Statements of both the Parents along, with the girl were taken.
 Girl gives the statement that she doesn’t want to live with either of her parents.
 Girl is sent to a fit organization if the parents have been declared unfit for custody by CWC & no
one else in the family or relations is fit or is not willing to take her responsibility.
36
Group 3, Case: Some girls varying in the age group of 9 to 16 lives in an organization. The
Superintendent of the organization is a lady. There are rumors suggesting that the girls are being
sexually exploited by her husband.
CWC Procedure:
 Personal interaction with the girls.

 Check MC register.
 Try to extract evidence by taking the workers at the organization in confidence.
 Record the statement of the victims in front of the Superintendent & instruct to lodge an FIR &
perform proper investigation.
 Get a copy of FIR to Social Welfare.
 Gather Medical evidence.
 Find out evidence that superintendent is involved or not.
 If he is found guilty then instruction should be given to police to take him in custody.
Group 4, Case: A 15 year girl named Sarita ran away from her village home and came to city. A woman
gave her shelter and took care of her. After 2 months, she got raped in a preplanned way during a picnic
organized by that woman. She was so disgusted & humiliated by the incident, that, she opted for the
prostitution as a profession. One day she was caught in a raid.
CWC Procedure:
 Child was produced before CWC.

 Medical Examination was performed.
 Summon was issued to IO for evidence.
 Counseling facility was provided for the child.
 FIR was filed against the women.
 Counseling was offered to the child.
 Rehabilitation plan was prepared.
 Transfer to After Care organization.
Group 5, Case: Sonu and Vijay are brothers. One day they are caught begging by SJPU. When their
mother got the information she tried to free her children, but the police didn’t handed over the children
and brought them in front of the CWC. As a result their mother also came to CWC.
CWC Procedure:
 AVM was issued (Age Verification Memo).

 Medical Examination was ensured.
 Police was instructed to file a FIR.
 Individual care plan was initiated.
 IO was summoned to gather evidence.
37
 Parents were summoned.
 If the children are within the district of CWC
 Ask PO to submit HIR.
 Counseling of the parents.
 If parents are unfit, take custody of the child.
 If the children are from other state or district, they can’t be handed over to the parents unless
the CWC of that respective district is involved. Thus in such situation an escort order should be
passed.
 Proper follow up should be done.
Group 6, Case: Four children were recovered from a village tea shop. Children were kept in home.
CWC Procedure:
 AVM was issued (Age Verification Memo).

 Medical Examination was ensured.
 The shop owner should be charged under the following sections :
 IPC Act 374
 JJ Act, 2000
 CLPR Act RG 86
 Individual care plan was initiated.
 IO was summoned for property recovery.
 Summon was issued to GLO for evidence.
 If the children are within the district of CWC
 Ask PO to submit HIR.
 Counseling of the parents.
 If parents are unfit, take custody of the child.
 If the children are from other state or district, they can’t be handed over to the parents unless
the CWC of that respective district is involved. Thus in such situation an escort order should be
passed.
 Proper follow up should be done.
Mr.Vikas Sawant further discussed about the record and registers to be maintained by CWC. The
documents referred were:
RECORDS AND REGISTERS TO BE MAINTAINED BY THE CWC
1. General Register: This register is for every child brought before the CWC. It should contain the
following information:
38
. I. Date
II. Case Number
III. Name of the Child
IV. Age
V. Sex
VI. Child Admitted or not to children’s home
VII. Date of admission to children’s home
VIII. Name of children’s home
IX. Produced by
X. Reason for admission (as per section 2D)
XI. Order issued by
XII. Name of the PO
XIII. Closing date
XIV. Remark
2. Register for Execution of Bonds
I. Case No
II. Name of the Child
III. Name of the PO
IV. Child Handed over to
V. Bond Amount
VI. Mode of payment: DD or Challan No
VII. Bond signed by
VIII. Order By
3. Register for Children to be placed for adoption (Placement to agencies happens by rotation).
I. Case No
II. Produced by
III. Police station
IV. Agency referred to
V. Date of free for adoption order
VI. Order by
VII. Date of completion of adoption process
VIII. Closing date
4. Register for visits to institutions
39
I. Date
II. Sr. No
III. Date of visit
IV. Name of Institution visited
V. Visited by
VI. Findings
VII. Remarks for follow up
5. CWC Chairperson and Member’s Attendance Register
I. Date
II. Name
III. Time in
IV. Time Out
V. Signature
6. Minutes register: A Minutes register will be maintained for all special meetings of the CWC.
These special meetings may be held by the CWC to discuss different cases and the approach
that should be taken, discussion on the procedures of work and setting systems of work,
distribution of case load, participation at trainings, for sharing, reviewing and monitoring the
process of work of the CWC. The Minutes book is not to be used to record the
regular sittings of the CWC.
7. Inward and outward register and file for correspondence received and sent by email and
ordinary post or courier.
8. Roznama: Every meeting of the CWC with the Child will be documented in a Roznama. The
Roznama will have the details of everything that happens during the meeting of the CWC with
the child. The information of the proceedings with the child will be noted in the Roznama like in
the example given below-
 Time
 When the child was produced
 Girl Child (GC) /Boy Child (BC) produced before the CWC by (name of the producer)
 Name of the child (as given by the child)
 Details of the discussion or interaction with the child
 Admission in ……. Children’s home for safe custody
 Issue AVM
 Issue Summons to police/GLO/parent/NGO/ employer etc for evidence, visits, etc
 Next date…..
 (sign) / If order, it must be signed by 2 persons.
With this the session ended.

40
Mr.Sunil Arora, Bal Asha Trust, Mumbai Session: Day3
Mr.Sunil Arora’s main topic of discussion was rehabilitation. He

elaborated bit about his organization in Mumbai and the prolonged work
they have been doing in the CNCP cases. He elaborated the categories of
CNCP children, as follows:
 Street Children
 Special needs Children
 Working Children
 Mentally ill Children
 Orphan, Abandoned & Destitute children
 HIV/AIDS affected children
 Children affected by disaster
 Children from risk families
 Trafficked Children
 Abused Children
The other important points he mentioned about restoration are:
 Important factors:
 Specific reason for the child to come before CWC

 Child’s Family Background
 Child’s Physical & psychological status
 Any interventions before coming to CWC
 General Principles:
 Moral Principles
 Ethical Principles
 Value Framework which uphold the approach
 Principles convey the essence of the act :
 Child remains in family and institutionalization is the last resort

 Decision is on the case basis
 Decisions are made after, thorough assessment of the child situation
 Confidentiality is maintained.
 Child’s views are taken in decision making.
 Protection of child is ensured at all stages of rehabilitation & social
integration
 The child’s progress reviewed on a periodic basis
41
 Types of Institutions / child protection services and programmes under the Juvenile Justice
System
 Sponsorship Organization
 Community counseling centers
 Children’s Homes
 Observation Homes
 Special Homes
 Shelter Homes / Drop-in-centre
 Fit Institutions
 Fit person custody
 Shishu Grihas
 Specialized Agencies (SAA & RIPA)
 Foster Homes
 NGO run institutions, Homes, Organizations & Centers
 Rationale for Non Institutional Services / some negative impacts of long term institutional care
 Maternal Deprivation
 Emotional Deprivation
 Separation Anxiety
 Low self esteem
 Failure to trust
 Development Delays
 Excessive routinisation and regimentation
 Physical abuse & trauma
 Segregation & isolation from society
 Difficulty in mainstreaming & adjusting in society
 Inter personal relationship problems
 Anonymity & Lack of personal
 Process of rehabilitation & social integration – Sec 40 JJ Act
 Adoption (Sec 41 JJ Act)

 Foster care ( Sec 42 JJ Act)
 Sponsorship (Sec 43 JJ Act)
 After Care Organization (Sec 44 Act)
42
 Who can be placed in adoption?
 A child “Legally declared free for adoption” by child welfare committee after following
“due process of law (Juvenile Justice Act 2006)” and exhausting all forms of child welfare
like sponsorship, foster care, (not pre adoption foster care)and institutionalization.
 CWCs are not involved in actual process of adoption.
 Surrendered Child
 Born as a consequence of non consensual relationship.

 Born of unwed mother or out of wedlock
 A child in whose case one of the biological parents is dead and one
parent living is incapacitated to take care
 The parents of the child are compelled to relinquish him/her due to
physical, emotional & social factors beyond their control.
 Process for Surrendered Child :
 Interview the biological mother / Parent /Guardians

 Asses the reason ( can it overcome through non institutional measures
like foster care & sponsorship )
 Refer to SAA for professional counseling & further processing
 A deed of surrender document must be prepared. The biological parent
must sign before CWC
 If the biological parent is minor then her parents/guardians to execute
the Deed along with the biological parent
 Informed and made to understand that the child can be reclaimed
within 60 days of surrender
 The child may be placed in Adoption after 60 days
 Counseling Birth parents
 Counseling
 Unwanted Mother
 Birth Father
 Birth parents
 Paradox of motherhood in the Indian society
 Emotions of an unwanted mother
 Towards the pregnancy / baby

43
 Towards the putative father
 Towards herself
 Dilemma
 Keep the child / Relinquish the child
 Emotional implications of relinquishment
 Pain
 Relief
 Guilt
 Loss
 Anxiety
 Depression
 Process
 A child must be brought before CWC within 24 hours unless the child is
unwell
 A FIR / Dairy entry must be filed, even if brought before NGO
 If the child is above 2 years then telecasting photo on the television
(preferably national television)
 If the parents are found then the child will be restored to family after
reasonable verification
 If not found and police have exhausted all possibilities and have given a
final report
 Free for Adoption
 Surrendered :Reconsideration period 60 days for the birth Parents, if over the child may
be declared for the adoption
 Abandoned : After all reasonable steps are undertaken and the biological parent /
guardian remain untraceable then the child may be declared destitute and made free
for adoption by CWC
 Adoption: (Sec 41, Rule 33 JJ Act) Adoption is the best non-institutional service for the
abandoned, surrendered destitute child since it provides a permanent family, for the
child who is legally free for adoption.
44
 A child becomes a son / daughter of his adoptive parents with all the rights, privileges
and responsibility that are attached to the relationship.
 Steps in Adoption in country
 Documentation & Registration

 Home study & Counseling
 Referral of child
 Acceptance of the child
 Filing of the petition
 Pre-Adoption Foster care
 Court hearing & orders
 Follow up
 Adoption Counseling
 Childlessness and infertility

 Emotional readiness and acceptance of adoption
 Marriage Stability
 “Bonding and attachment” with a child not biologically related
 Child’s social background
 Process of accepting the child
 Acceptance by family and friends
 “Secret” Adoption
 Sharing the fact of adoption with the child in future
 Special Needs children
 Children above 5 years

 Siblings
 Medical Disabilities
 Physical Disabilities
 Emotional Disabilities
 Adoption Legalization
 Juvenile Justice( Care & Protection Act ) Act 2002 (amended 2006)
 Hindu Adoption And Maintenance Act 195
 Foster Care (Sec 42 Rule 34-35)
 Fostering is the way of providing family life for someone else’s child in your own home
when they are unable to live with their birth family
45
 Rule 35(3) – Foster Parents to be declared “ fit persons” by CWC as per provisions under
sec 2 (i) of the act after through assessment by Child Welfare Officer or Social Worker
 Criteria for selection of Families (Rule 35)
 Foster parents should have stable emotional adjustments within the

family
 Foster parents should have an income and are not dependant on foster
care maintenance
 Medical reports of all family members including HIV , HEP.B., TB are
obtained physically and mentally fit.
 Experience in child care
 Adequate space and basic facilities
 Willing to follow rules including visits to doctors
 Sponsorship ( Sec 42 & Rule 37)
 Provide financial support to families, to children’s homes and special

homes to meet.
 Support for education
 Health
 Nutrition
 Other developmental needs
 A monthly support is given to family
 CWC to send order ( Form XVIII) to district or SCPU
Shift in Approaches
Need Right
Charity Development right
Organizational and residential care Family Care
Custody Care All round Development
Isolation Mainstreaming
Beneficiary Partnership
46
Mr. Sunil Jha, State Coordinator, ICPS Session: Day 3
The topic discussed by Mr Sunil Jha was Orientation on ICPS, administrative and
financial provisions for JJB under ICPS. Its salient features were:
ICPS an Introduction
 ICPS aims at creating and strengthening protective framework around

children
 The scheme was launched by MWCD, GOI in 2009 to fulfill the following specific activities:
 To institutionalize essential services and strengthen structures

 To enhance capacities at all levels
 To create database and knowledge base for child protection services
 To strengthen child protection at family and community level
 To ensure appropriate inter-sectoral response at all level
 To raise public awareness
 Structure / Bodies under ICPS
State Level District Level

SPSU DCPS
SCPS CWC
SARA JJB
Children Home (Govt. & NGO Run)
Observation Home
Open Shelter( NGO run)
SAA (NGO run)
 Distribution of Funds Component Wise
Components State District NGO
CWC 65% 35%
JJB 65% 35%
Children Home (Govt. run) 25% 75%
Children’s Home (NGO run) 15% 75% 10%
47
Child Welfare Committee Proposed Budget
Sl.No. Item Amount as per ICPS for Required amount Remarks

one CWC for 38 CWC
A Non Recurring
Expenditure
Furniture, Computer, Rs.0.85 Lakh Rs.14.45Lakh For 17 Districts
Painting & Indoor
Games etc.
B Recurring Expenditure
1. Rent Rs.0.60 Lakh Rs.6.60 Lakh
2. T.A & Meeting Rs.3.60 Lakh Rs.114.36 Lakh
Allowance for 5
Members CWC
3. Staff Salary ( Assit. Cum Rs.0.60 Lakh Rs.14.60 Lakh
Data Entry operator per
CWC
4. Child related Expenses Rs.0.36 Lakh Rs.12.36 Lakh
5. Contingency ( Water, Rs.0.18 Lakh Rs.6.18 Lakh
Electricity & Phone)
Total ( A + B) Rs.6.19 Lakh Rs.168.55 Lakh
Central Share for the Rs.59.00 Lakh (35%)
year 2012 - 13
State share for the year Rs.109.00 Lakh (65 %)
2012 - 13
Staff Structure and Salary Details
Sl.No. Name of Posts Number of Posts Salary per month Required Remarks
for 1 SAA (in Rs.) amount for 2
SAAs
1. Manager / 1 10,000/- Rs.2.40 Lakh
Coordinator
2. Social Worker Cum 1 8,000/- Rs.1.92 Lakh
early Childhood
Educator
3. Nurse 1 5,000/- Rs.1.20 Lakh
4. Doctor (Part time ) 1 3,000/- Rs.0.72 Lakh
5. Ayah 6 2,000/- Rs.0.88 Lakh
6. Security Guard 1 2,000/- Rs.0.48 Lakh
Total 8 11 Rs.9.60 Lakh
48
Functions of District Child Protection Society (DCPS)
DCPS has been constituted in all the districts and they shall function as a unit of SCPS. Major
functions of the DCPS are:
 Contribute to effective implementation of child protection legislations & schemes
 Monitoring of individual care plan for each child in need of care and protection
 Identify families at risk and children in need of care and protection:
 Assess the number of children in difficult circumstances and create district-specific databases'
 0 Map all child related service providers and services at district for creating a resource directory.
 Identify and support credible voluntary organizations to implement programme components of
the ICPS:
 Support implementation of family based non institutional services including sponsorship, foster
care, adoption and after care:
 Ensure effective implementation of the JJ Act, 2000 at district/city level by supporting creation of
adequate infrastructure, viz. setting up JJBs, CWCs. SJPU's in each districts and homes in a cluster
of districts as required:
 Ensure setting up of Village level Child Protection Committees.
 Facilitate transfer of children at all levels for either restoration to their families or placing the child in
long or short -term rehabilitation through alternative family care programmes.
DCPS Salary structure and Pay
(in Rs.) amount
1. DCPO 38 9300-34800 Rs.43.32 Lakh For 6 months

(19,000/-)
2. Probation Officer 76 12,000/- Rs. 69.12 Lakh
3. Legal cum Probation 38 12,000/- Rs. 27.36 Lakh For 6 months
Officer
4. Counselor 38 8,000/- Rs. 18.24 Lakh For 6 months
5. Social Worker 76 8,000/- Rs. 36.48 Lakh For 6 months
6. Accountant 38 8,000/- Rs. 18.24 Lakh For 6 months
7. Data Analyst 38 8,000/- Rs. 18.24 Lakh For 6 months
8. Asst. cum- Data Entry 38 5000/- Rs.11.40.Lakh For 6 months
Operator
9. Outreach Workers 92 4000/- Rs. 22.08 Lakh For 6 months
Total 472 Rs.264.48 Lakh
49
Mr. Rakesh Kumar (State Coordinator, MIS) Session: Day 3
Mr. Rakesh Kumar elaborated the significance and the points of MIES system
with the help of various slides. It contained statistics based on a survey
conducted. The main information’s contained by the slides were:
Child Welfare Committee (CWC) Quarterly Report
Summary of the information it should contain is:
 Number of Child Welfare Committees required to be constituted in the State

 Number of Child Welfare Committees available on first day of the quarter
 No. of Child Welfare Committees completing tenure during the quarter.
 Number of Child Welfare Committees constituted during the quarter.
 No. of Child Welfare Committees yet to be constituted as on last day of the quarter
 Training of Members
 Total number of members of all CWC in the District.
 Number of members out of the above who have received training/orientation on JJ Act/ICPS
 Number of members out of the above who are yet to be given training/orientation in the next quarter.
 Pendency of Cases
 Number of CNCP cases carried forward from the last quarter.
 Number of new cases CNCP presented to the CWC during the quarter
 Number of CNCP cases disposed during the quarter.
 Number of CNCP cases carried forward to the next quarter.
 Cases pending as on last day of quarter
 Details of cases disposed during the quarter
 Number of children restored to their family
 Number of children sent to children’s homes
 Number of children sent to SAA
 Number of children sent to other Districts
 Number of children sent to other States.
 Any Other, give details
 Number of Children declared ‘Free for Adoption’
 Number of pending cases carried forward from the previous quarter
 Number of new cases during the quarter.
 Number of cases declared ‘free for adoption’ during the quarter
 Number of cases carried forward to the next quarter.
 Cases pending as on last day of quarter for declaring a child ‘free for adoption’
 Details of Children referred to Sponsorship & Foster care Committees
 Number of children referred for sponsorship committee.
 Number of children referred for foster Care committee.
 Sittings of CWCs during the quarter
 Total number of sittings of all CWC expected to be held.
50
Child Welfare Committee (CWC) Register
 Sl. No.
 Date
 Case No.
 Name of Child
 Age
 Sex
 Religion
 Cast (sc, st, obc, others)
 Fathers/ Guardian Name
 Address
 Produced By
 Reason for Admission (As per section 2D)
 Order issued by
 Child is sent to (Please Specify)
 Name of the PO
 Closing Date
 Disposal Order
 Remarks
 Photographs
Attendance Register
It should contain following information:
 Date
 Day
 Name
 Designation
 Time in
 Time out
 Signature
 Remarks
Outward Register & Inward register should contain following information:
 Date
 Letter No.
 Address to
 From
 Subject
 Remarks
51
Other Register/Form Maintained by CWC

 MINUTES REGISTER
 ROZNAMA
 ORDER
 SEPARATE REGISTER FOR ADOPTION CASES
DELIVERY SYSTEM OF MIES REPORT
Assistant Director Social

Security/District Child Protection
Unit/Directorate Social Welfare
Directorate of Social Welfare
52
Closing Session
A film was presented on child drug addiction. After this Ajay Kumar, State Coordinator, Juvenile Justice
System, GOB addressed the closing session with following words:
We are ending the program with the hope of a fresh start. The objective of the
workshop was to develop our understanding about the Juvenile justice system.
Thus I am pleased to say that the objective has been fulfilled with an
overwhelming participation and response. We tried our best to bring trainees
from various parts of India to make the training versatile in respect to the
approaches. Our sincerest efforts were to encourage a healthy debate &
discussion through which the functioning of CWC could be understood
properly along with the Implementation of JJ Act. I now invite Mr. Manish
Kumar Verma , Director, DSW, Govt. of Bihar to end the session.
Mr. Manish Kumar Verma, IAS, Director, DSW, Govt. of Bihar
He showed his gratitude towards all the resource persons, for taking some
time out from their busy schedule, to impart a better understanding of the
infrastructure and functions of CWC among, the CWC Members. According to
him it will result in a better co-ordination among the CWC and various
departments as everyone will know their role and jurisdiction in a better way.
He said “I do realize that you may have numerous question regarding CWC
procedures in relevance to JJ Act. Thus I may assure you that it is going to
become far smoother running as the JJ Act 2012 will be out soon. It has much more provisions for CWC
and has made the implementation easy. The problems related to the Distribution of Funds,
Infrastructural setup & Proper Functioning will be soughed out sooner than later. But you all should
always realize that as CWC your prime concern should be the welfare of the children coming within the
system an utilizing each and every resource in their best interest. Moreover in the case of a child CWC is
regarded as the foremost body, hence it enhances the responsibility and the gravity of the situations.
One other concern is that we have only 3 Bal Grih in Bihar. But you all will be delighted to know that 22
more are about to open and the construction is about to start. Open shelters will also be constructed by
analyzing the needs. With these words I conclude this 3 day workshop.
53
Descriptive Narration
Of
Three-day Sensitization cum Orientation Workshop
On
Juvenile Justice of CWC
held from
25 to 27th August 2012
th
From the perspective of providing sensitization cum orientation on Juvenile Justice, a 3 day workshop
was organized for the members of Child Welfare Committee. The workshop was dated from 25 th to 27th
August 2012 at Walmi campus, Phulwari Sharif, Patna. On 25th august all the respective members of
CWC gathered at the venue. The program started with the arrival of the invited guests at 09.30 a.m. The
members present on the dais were:
 Hon’ble, Mr. Justice, Mr.V.N.Sinha, Judge Patna High Court & Chairperson
High Court Monitoring Committee on Juvenile Justice
 Hon’ble Mr. Justice K.K.Mandal,Judge Patna High Court
 Mr.Sandeep Poundrik Secretary, Directorate of Social Welfare, Govt. of Bihar
 Mr.Manish Kumar Verma, Director, Directorate of Social Welfare, Govt. of Bihar
Mr. Ajay KumarState Coordinator of Juvenile Justice System, Govt. of Bihar
Mr. Ajay KumarState Coordinator of Juvenile Justice System, Govt. of Bihar

invited all the members of CWC & Hon’ble guests on the dais. He said that the
training has been organized under the guidance of High Court Committee along
with the participation of Directorate of Social Welfare. He emphasized on the
quintessence of the situation by mentioning the presence of Hon’ble,
Mr.Justice, Mr.V.N.Sinha & Hon’ble, Mr.Justice, K.K.Mandal. He paid his sincere
thanks to BIPARD for their co-operation. The inauguration session started with
the words of Mr.Manish Kumar Verma. He congratulated everyone on organizing such a successful
workshop. He showed his gratitude towards the Hon’ble justices for their presence. This was followed
by the DEEP PRAJWALAN by all the members on the dais.
54
Mr.Manish Kumar Verma, Director, Directorate of Social Welfare, Govt. of

Bihar
Mr.Manish Kumar Verma mentioned about, how successful was the previous
workshop and he desires this workshop to be a success even greater than the
previous one. He thanked High Court Committee for the guidance they
provide to the Directorate of Social Welfare, Govt. of Bihar in Child related
matter.
Hon’ble, Mr.Justice, Mr.V.N.Sinha, Judge Patna High Court & Chairperson
High Court Monitoring Committee on Juvenile Justice
Hon,ble Mr.Justice,Mr.V.N.Sinha pointed out a major concern about the lack

of homes and emphasized on having homes in each districts. According to him
the purpose of this act is to ensure development and protection of children in
need of care and protection. He appealed all CWC members to develop a sight to identify the children
who can be brought under CNCP category. He termed the return of the child to his family is the best
solution. The main issue he raised was the lack of Children homes in various districts. In this respect he
said, that, each 10 unit group of children should have a premise and one house mother. Moreover he
described it improper to leave children under the monitoring of guards during the night. He emphasized
on having Children homes in each and every districts. Without the presence of support structures the
optimum implementation of juvenile Justice and proper exercise of CWC is not possible.
55
Hon’ble Mr.Justice, K.K.Mandal,Judge Patna High Court
Hon,ble Mr.Justice K.K.Mandal, Judge Patna High Court stated it as a very

important responsibility entrusted to the CWC. He said “As CWC now you are
part of the system thus you are responsible and answerable for your actions.
You need to work with full commitment and passion to ensure desired results.
You have been given the responsibility of all the children thus you need some sincere passion and
commitment to perform the job. You sincerity may yield in such a way, that the children from the homes
can become a renowned person in the mainstream society”
Mr.Sandeep Poundrik Secretary, Directorate of Social Welfare Govt. of Bihar
Mr.Sandeep Poundrik, in his address discussed about the importance of CWC &
the matter of lacking infrastructure, which is being raised frequently. He
assured that Directorate of Social Welfare is trying there optimum best to
provide a proper infrastructure, as soon as possible. The main factors
emphasized by him were:
 At present CWC has been formed in 32 districts.

 Every CWC should have a bench of five members.
 The honorarium has been allotted to Rs 500 per sitting for the CWC members i.e., Rs 6000/- for
12 sittings. CWC is entitled for 3 sittings each week.
 The finance has been provided for Computer Peripherals to ADSS.
 Every district will be allotted with a Social Worker, Legal counselor & Probation Officer
 An amount of Rs 5000 has been allotted to the CWC’s for premises.
 Orders have been passed to appoint functionaries under DCPU.
 Department is trying to ensure an appointment of full bench.
In respect to the Workshop he appealed everyone to take the workshop very seriously and try to extract
as much information they can.
With this the inaugural session ended.
Following session was addressed by Mr.Mansoor Qadri, CP Specialist, UNICEF
56
Mr.Mansoor Qadri, CP Specialist, UNICEF Session: Day 1
Mr.Mansoor Qadri explained to everyone the importance of the workshop i.e.,

developing once understanding about the role of CWC in the context of the
child and implementation of the JJ Act within its peripheries. Everyone was
appealed to discard their inhibitions and prejudices as it will encourage the
interaction and will promote a conclusive discussion. He introduced the resource persons as the
connoisseurs of the JJ Act and CWC procedures, who will cover all the thematic areas discussed in the
schedule. With this he invited everyone to begin the training.
Next Mr.Ajay Kumar invited Ms. Daisy Narain, Prof, P.U. & Former CWC Chairperson to address the
next session and start the training schedule
Ms. Daisy Narain, Prof, P.U. & Former CWC Chairperson Session: Day 1
She mentioned the workshop as a boon for the new CWC members as well
as the old ones, because earlier this type of guidance was absent. She took
instances from her own tenure and considered the management far better
than they were earlier, irrespective of the lacking infrastructure. The
excerpts of her session were :
In respect to the fit institutions she mentioned JJ Act section 2(h & i), which says:
 2(h) fit institution" means a governmental or a registered non- governmental organization or a

voluntary organization prepared to own the responsibility of a child and such organization is
found fit by the competent authority.
 2(i)" fit person" means a person, being a social worker or any other person, who is prepared to
own the responsibility of a child and is found fit by the competent authority to receive and take
care of the child.
 CWC functions include recommendation of ‘fit institutions’ to the State Government for the
care and protection of children
She appealed everyone to be prepared for some ground breaking work as the infrastructure is still fresh.
She said “when we started we had to face the same difficulties. The infrastructure was totally absent.
There were frequent clash between CWC Members and the government officials. The main reason behind
all this was the difference in orientation. Thus we should be specific in selecting our questions when we
interact with the officials.”
57
In reference to the origin of the child rights she linked it with the Industrial Revolution period. Speaking
about child rights she termed its emergence during the Second World War. Because of the mass deaths
caused by the devastation of the War, a huge part of young generations of many countries were either
lost or misguided. Moreover, at that time children and women were being exploited in the industries.
Hence, at that time many social workers came forward for the preservation of their rights. Thus the 18
year mandate was set internationally, with the view of securing the population which is going to be our
future. India accepted this in 1992 and was merged with the Law. Children Act came into emergence in
1960 & the JJ Act was adopted in 1984.In 2000 the Act was modified with the provisions under UNCRC.
But after 2000 a decade has past but the development of a child friendly environment was being
stagnant because of the negligent approach of both Central & State Government. She further
mentioned the Provisions of UNCRC articles. The other points she mentioned in this respect were:
 UNDHR was formed in 1948

 Human rights were set to be applicable by birth & inalienable
 Human rights were totalitarian from their perspective. Thus a need for a separate act was felt
for children.
 In 1989 UNCRC formulated in 1989
 India adopted UNCRC in 1992
 JJ act came into India in 1984, amended in 2000, 2006 & 2007
 One major amendment was to have a separate CWC for each district.
 Children cannot protect themselves thus adoption is a major aspect of JJ Act. Only CWC has the
right to declare a child legally free for adoption. Other concerning factors about the adoption in
India are:
 Central Adoption Recourse Agency (CARA)
 THE HINDU ADOPTION AND MAINTENANCE ACT (HAMA)
She presented the principles of CWC as following:
 Right based approach

 Child Participation
 Strengthening CWC settings
 Developing partnership with the organizations
 Developing outreach
 Try to counsel the parents of child
 Alternative Care
 Developing coordination with the government authorities
 Developing inter-sectoral linkages
 Demanding the implementation of social security schemes
With this the session concluded.
58
Mr. Raj Mangal, Director, Pratidhi’, Session: Day 1 & 2
Mr.Raj Mangal started the session by introducing his social backdrop with
Bihar and said that he can relate to the problems. All CWC members were
asked to pursue a learning approach throughout their tenure as it will
enhance their understanding. He termed Child friendly approach as the very
essence of CWC, but also mentioned it as a time taking process as it
couldn’t be developed overnight. He demarcated the working sphere of
CWC to CNCP cases only. In respect to CNCP cases he quoted Section 2(d) JJ Act, which
says,
Child in need of care and protection'' means a child:
 Who is found without any home or settled place or abode and without any ostensible means of
subsistence?
 Who resides with a person (whether a guardian of the child or not) and such person-
 has threatened to kill or injure the child and there is a reasonable likelihood of the threat
being carried out, or
 has killed, abused or neglected some other child or children and there is a reasonable
likelihood of the child in question being killed, abused or neglected by that person,
 Who is mentally or physically challenged or ill children or children suffering from terminal
diseases or incurable diseases having no one to support or look after,
 Who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise
control over the child,
 who does not have parent and no one is willing to take care of or whose parents have
abandoned him or who is missing and run away child and whose parents cannot be found after
reasonable inquiry,
 Who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual
abuse or illegal acts,
 Who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
 Who is being or is likely to be abused for unconscionable gains,
 Who is victim of any armed conflict, civil commotion or natural calamity?
The other important points mentioned by him in the session were:
Rule 65, JJ Act, Restoration & Follow-up:
1. The order for the restoration of juvenile and the child shall be made by the board or
committee on the basis of a fair hearing of the juvenile or child and his parents or
guardian, as well as on the reports of the Probation Officers or Child Welfare
Officers or non-governmental organizations directed by the Board or Committee to
59
conduct the home study and any other relevant document or report brought before the
Board or Committee for deciding the matter. The Board or Committee shall send a copy of
the restoration order along with a copy of the order for escort as per Form XXII to the
District Child Protection Unit or State Government who shall provide funds for
restoration of the juvenile or child.
2. Every restoration shall be planned for as part of the individual care plans prepared by the
case-workers or counselors or child welfare officers or probation o f f i ce r , a s t h e c as e
m a y b e a n d s h a l l be b a se d o n t h e re v i e w a n d recommendations of the
Management Committee set-up under rule 55 of these rules.
3. Besides police, the Board or Committee shall seek collaboration with nongovernmental
organizations to accompany juveniles or children back to their family for restoration.
4. In case of girls, the juvenile or child shall necessarily be accompanied by female escorts.
5. The expenses incurred on restoration of a juvenile or child, including travel and other
incidental expenses, shall be borne by the District Child Protection Unit or State
Government.
6. When a juvenile or child expresses his unwillingness to be restored back to the family, the
Board or Committee shall make a note of it in its records in writing and such juvenile or
child shall not be coerced or persuaded to go back to the family, particularly if the social
investigation report of the child welfare officer or probation officer establishes that
restoration to family may not be in the best interest of the juvenile or child or, if the parents
or guardians refuse to accept the juvenile or child back.
7. A follow-up plan shall be prepared as part of the individual care plans by the Child
Welfare Officers or Probation Officers or non -governmental organizations assigned
by the Board or Committee to assist in restoration of the child.
8. A quarterly follow-up report shall be submitted to the Board or Committee by the
concerned Child Welfare Officer or Probation Officer or non- governmental organization for
a period of two years with a copy to the Officer in-Charge of the institution from where the
juvenile or child is restored.
9. The follow-up report shall clearly state the situation of the juvenile or child post
restoration and the juvenile's or child's needs to be met by the State Government in order
to reduce further vulnerability of the juvenile or child.
10. The Officer-in-Charge shall file the follow-up report in the case-file of the juvenile or child and
place the report before the management committee set-up under rule 55 of these rules in
its next meeting.
11. The Officer-in-Charge shall also send a copy of the follow-up reports to the District Child
Protection Unit.
12. Where a follow-up is not possible due to unavailability of government functionaries or non-
governmental organizations, the concerned District Child Protection Unit shall provide
necessary assistance and support to the concerned Board or Committee.
Rule 26, JJ Act Procedure in relation to Committee
60
1) The quorum for the meeting shall be three members attending, which may include the
Chairperson.
2) Any decision taken by an individual member, when the Committee is not sitting, shall require
ratification by the Committee in its next sitting.
3) The Committee shall take into consideration the age, developmental stage, physical and
mental health, opinion of the child and the recommendation of the child welfare officer or
caseworker, prior to disposal of cases.
4) For final disposal of a case, the order of the Committee shall be signed by at least two members,
including the Chairperson.
Rule 27, JJ Act Production of a Child before the Committee
1) A child in need of care and protection shall be produced before the Committee within
twenty-four hours, excluding journey time, by one of the following persons—
2) any police officer or Special Juvenile Police Unit or a designated police officer;
3) any public servant;
4) childline, a registered voluntary organization or by such other voluntary organization or
an agency as may be recognized by the State Government;
5) social worker;
6) any public spirited citizen; or
7) By the child himself.
8) In case of a child under two years of age, who is medically unfit, the person or the
organization shall send a written report along with the photograph of the child to the
Committee within twenty-four hours and produce the child before the Committee as soon as
the child is medically fit along with a medical certificate to that effect.
9) The Committee can suo motu take cognizance of cases brought to their notice and reach out to
a child in need of care and protection where necessary and the District or the State Child
Protection Unit or the State Government shall provide necessary, support and assistance to the
Committee for carrying out such functions.
10) In case the Committee is not sitting, the child may be produced before the single member of the
Committee as per the provisions laid down under the sub- section (2) of section 30 of the Act for
being placed in safe custody of parent or guardian or fit person or fit institutions, as the case
may be, till such time that the child can be produced before the Committee.
11) In case the single member is also not accessible, or that the hours are odd, the child shall be
taken by an non-governmental organization or Childline or Police to an appropriate
institution for children registered under the Act with all the necessary documents, and
placed in such institution till the time of production before the Committee.
12) The concerned institution shall inform the Chairperson or a member of the Committee
about such child and produce the child before the Committee within twenty-four hours and
in such cases, it may not be necessary for
61
Rule 33, JJ Act
 Specialized Adoption Agencies shall produce all orphaned and abandoned children
who are to be declared legally free for adoption before the Committee within twenty-four
hours of receiving such children, excluding the time taken for journey;
 a child becomes eligible for adoption when the Committee has completed its inquiry
and declares the child legally free for adoption;
 such declaration shall be made in Form XIV;
 a child must be produced before the Committee at the time of declaring such child
legally free for adoption;
 whenever intimation is received by the police about an abandoned infant, the police shall
take charge of the infant and arrange to provide immediate medical assistance and
care;
 subsequently, the child shall be placed in a specialized adoption agency or
recognized and certified children's home or in a pediatric unit of a Government hospital
followed by production of the child before the Committee within twenty-four hours;
 free for adoption:
 in case of an abandoned child, the recognized agency shall within twenty-four
hours, report and produce the child before the Committee with the copy of
the report filed with the police station in whose jurisdiction the child was found
abandoned;
 the Committee will institute a process of inquiry, which shall include a thorough
inquiry conducted by the Probation Officer or Child Welfare Officer, as the case
may be and who shall give report in Form XIII to the Committee containing the
findings within one month;
 there shall be a declaration by the specialized adoption agency, stating that there
has been no claimant for the child even after making notification in at least one
leading national newspaper and one regional language newspaper for children
below two years of age and for children above two years, an additional
television or radio announcement and notification to the missing persons squad or
bureau shall be made;
 The steps stated in (iii) shall be taken within a period of sixty days from the time
when the child is found in case of a child below two years of age and in case. of
children above two years of age, this period shall be four months;
 the period of notification shall run concurrently with the inquiry to be conducted
and report submitted under clause (ii) of this sub-rule;
 the Committee shall declare the child legally free for adoption on completion of the process
of inquiry, including declaration of the specialized adoption agency made under clauses
(ii) and (iii) of this sub-rule;
62
Ms. Anjali Gokarn, Former, CWC Member, Mumbai
She started the session refering the section 2, describing various definations
under the JJ Act, i.e.,
Definitions.- In this Act, unless the context otherwise requires,-
 '' advisory board'' means a Central or a State advisory board or a

district and city level advisory board, as the case may be, constituted under section 62;
 '' begging'' means-
 soliciting or receiving alms in a public place or entering into any private premises for the
purpose of soliciting or receiving alms, whether under any pretence;
 exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound,
injury, deformity or disease, whether of himself or of any other person or of an animal;
 '' Board'' means a Juvenile Justice Board constituted under section 4;
 '' child in need of care and protection'' means a child-
 who is found without any home or settled place or abode and without any ostensible
means of subsistence,
 who resides with a person (whether a guardian of the child or not) and such person-
 has threatened to kill or injure the child and there is a reasonable likelihood of the
threat being carried out, or
 has killed, abused or neglected some other child or children and there is a reasonable
likelihood of the child in question being killed, abused or neglected by that person,
 who is mentally or physically challenged or ill children or children suffering from
terminal diseases or incurable diseases having no one to support or look after,
 who has a parent or guardian and such parent or guardian is unfit or incapacitated to
exercise control over the child,
 who does not have parent and no one is willing to take care of or whose parents have
abandoned him or who is missing and run away child and whose parents cannot be
found after reasonable inquiry,
 who is being or is likely to be grossly abused, tortured or exploited for the purpose of
sexual abuse or illegal acts,
 who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
 who is being or is likely to be abused for unconscionable gains,
 who is victim of any armed conflict, civil commotion or natural calamity;
 " children' s home" means an institution established by a State Government or by voluntary
organization and certified by that Government under section 34;
 " Committee" means a Child Welfare Committee constituted under section 29;
 " competent authority" means in relation to children in need of care and protection a
Committee and in relation to juveniles in conflict with law a Board;
63
 " fit institution" means a governmental or a registered non- governmental organization or a
voluntary organization prepared to own the responsibility of a child and such organization is
found fit by the competent authority;
 " fit person" means a person, being a social worker or any other person, who is prepared to
own the responsibility of a child and is found fit by the competent authority to receive and take
care of the child;
 " guardian", in relation to a child, means his natural guardian or any other person having the
actual charge or control over the child and recognized by the competent authority as a guardian
in course of proceedings before that authority;
 " juvenile" or" child" means a person who has not completed eighteenth year of age;
 " juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;
 " local authority" means Panchayats at the village and Zila Parishad at the district level and shall
also include a Municipal Committee or Corporation or a Cantonment Board or such other body
legally entitled to function as local authority by the Government;
 " narcotic drug" and" psychotropic substance" shall have the meanings respectively assigned to
them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985 );
 " observation home" means a home established by a State Government or by a voluntary
organization and certified by that State Government under section 8 as an observation home for
the juvenile in conflict with law;
 " offence" means an offence punishable under any law for the time being in force;
 " place of safety" means any place or institution (not being a police lock- up or jail), the person
incharge of which is willing temporarily to receive and take care of the juvenile and which, in the
opinion of the competent authority, may be a place o safety for the juvenile;
 " prescribed" means prescribed by rules made under this Act;
 " probation officer" means an officer appointed by the State Government as a probation officer
under the Probation of Offenders Act, 1958 (20 of 1958 );
 " public place" shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act,
1956 (104 of 1956 );
 " shelter home" means a home or a drop- in- centre set up under section 37;
 " special home" means an institution established by a State Government or by a voluntary
organization and certified by that Government under section 9;
 " special juvenile police unit" means a unit of the police force of a State designated for handling
of juveniles or children under section 63;
 " State Government", in relation to a Union territory, means the Administrator of that Union
territory appointed by the President under article 239 of the Constitution;
 all words and expressions used but not defined in this Act and defined in the Code of Criminal
Procedure, 1973 (2 of 1974 ), shall have the meanings respectively assigned to them in that
Code.
 Another main topic she coveredf during her session was special needs child :
64
 Children with Mental and Physical Disabilities
 Children with mental and physical disabilities have unique needs that have to be
responded to
 by the care system. Children with disabilities have a right to all the facilities and
entitlements of
 all children, while needing unique support.
 Definition
 Persons with the following conditions are considered to be persons with

disability as per the
 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act,
 1995: blindness, low vision, leprosy-cured, hearing impairment, locomotor
disability, mental
 retardation and mental illness.
In addition, the following disabilities are also covered as per the National Trust for Welfare of
 Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999 including Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.
 Procedure to be followed when a child with a disability is produced before the

Child Welfare Committee:
 In addition to the Standard procedures to be followed as laid out in Chapter 3, the following
Special Procedures have to be followed whenever a child with a disability is produced before the
CWC.
 Admission of the child with a disability to the Children's Home
 It is mandatory to give admission to each and every child round the clock by an
authority
 responsible for the management of Children‟s Home.
 Appointment of a Probation Officer for an inquiry
65
 The CWC must pass an order appointing a Probation Officer or a Voluntary Probation Officer
for the inquiry.
 Children with certain disabilities such as autism may not be able to communicate very well with
the authorities. The CWC may order that a specialist – a special educator – to help the PO in
handling the case.
 The Inquiry of the PO should look into the circumstances under which the child came to the
CWC. If the child has been abandoned or is a missing child, procedures for the same have to be
followed.The Inquiry should also look at whether the child has been abused or used for begging
and the specific procedures in such cases be followed.
 Whether the family is in a position to take care of the child, the socio-economic circumstances,
 willingness to meet the unique needs of the child etc. are to be ascertained.
 Interim care arrangements and procedures
 Pending the Report of the PO/VPO, the CWC must ensure that interim care arrangements that
look into the following aspects are followed:
 Order a Medical check up and assessment

 An assessment of the disability of the child and its degree needs to be immediately
ordered by the CWC. The assessments can be done by specific hospitals and institutions
registered with the government for this purpose, that will enable the child to get a
disability certificate, that will make the child eligible for certain entitlements. The CWC
should keep a list of such institutions and refer children to them.
 The professionals doing the assessment should also recommend the future course of
action that would be needed for the child. This could include, but not be limited to,
provision of aids and appliances such as crutches, hearing aids, wheelchairs etc.
 Recommendations on the educational and therapeutic needs of the child
i.e whether s/he requires special education, Occupational therapy, physiotherapy,
speech and language therapy, communication therapy, counselling etc. – need to be
made.
 Ensure age verification

 The CWC should determine the age of the child. This should be done as early as
possible.
 Ensure the PO develops a plan of action
 The CWC must enable the PO to draw an age- and ability - appropriate plan for the child
with the help of a special educator or rehabilitation professional experienced
in working with children with disabilities.
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 Education and rehabilitation

 An appropriate educational and rehabilitation programme needs to be initiated, in
consultation with specialists in the area. Services of specialists such as special
educators, Occupational therapists, physiotherapists, speech and language
therapists, communciation therapists, counsellors etc. should be drawn in.
 Required aids and appliances should be provided for the child.

 The CWC should ask for reports from the PO whether all children with disabilities in the
Home are enrolled for the programme and a periodic monitoring done. NGOs should be
invited to develop such comprehensive programmes within Children‟s Home.
 Sensitisation of staff and children

 Staff and children of the Children's Home must be sensitised by the specialists on the
needs of the child. Every effort must be made to treat the children on par
with other children in the Home. The child must not be discriminated against on
account of her/his ability. Practices such as addressing the child by his/ her disability eg.
langda, paagal etc should be stopped.
These were the excerpts of her session.
The Valedictory session on a day 1was addressed by:
 Mr.Sandeep Poundrik, Secretary, Directorate of Social Welfare, Govt. of Bihar.

 Hon,ble Mr.Justice,Mr.V.N.Sinha, Judge Patna High Court & Chairperson , High Court
Monitoring Committee on Juvenile Justice.
 Hon'ble Justice Ms.Sheema Ali Khan, Member, Juvenile Justice Monitoring Committee
Along with the
Hon’ble Chief Justice Ms. Rekha.M.Doshit
In her closing address she said” Being a member of the child welfare committee in
my opinion is a very big responsibility and not easy. It is not easy to develop a child
friendly attitude overnight. CWC should not only aim to preservation of juvenile’s
rights but also to develop them as an able citizen of the country. I remember a
story that a woman wanted to have a child and she prayed every day. But one day when she had to take
care of a child, she refused as the child was of a beggar and was dirty. She was asked by that lady that
how come you ask for a child for your own when you can’t show compassion towards other’s children.
Thus the moral is that we should have same compassion for every child irrespective of their physical or
mental situation and there social backdrop. As far as the facilities are concerned, we have been assured
67
by the Directorate of Social Welfare, Govt. of Bihar that the proper infrastructure will be present as soon
as possible. As soon as it will be performed your responsibilities will increase as you will have to act in a
more organized way. We should impart special concern towards the children who are mentally or
physically challenged. As a result the lag behind the normal flock. They are by default the slow learners,
so we need to provide extra time and care to treat them and bring them back in the mainstream. With
these words I conclude the session.”
Mr. Mansoor Qadri, CP Specialist, UNICEF, Session: Day 2
Mr. Mansoor Qadri started the session with an activity.
A picture was shown to all the participants and asked about it. They all
answered according to their own perception about the picture. Thus Mr.
Mansoor Qadri explained that in real life also we see things in such one
minded ways and don’t realize that we are also a part of the picture. Thus as
CWC members, everyone should observe each case from all angles possible in
a logical & rational manner. Mr.Mansoor Qadri further presented a diagram.
About circle of concern and circle

Circle of Concern
of influence and described how
everyone have to move from circle
of concern towards circle of
influence. In this respect he said,
that, we have to start to discard
any violation of child rights
whenever we see it, whatever the
Circle of influence
circumstances be.
Another activity presented by him

was to join various dots on a page
without picking the pen and
without repeating the dot. He
showed everyone how to do it
when no one was being able and
explained that, just like this many
time a to solve our problems we
have to go beyond the
conventional methods
68
Mr.Santosh Shinde, Former CWC Chairperson Session: Day 2 & 3
Mr. Santosh Shinde started the session by describing the various factors of
child rights. To explain this he presented two jargons to simplify the concept.
To elaborate the factors of protection, he presented,
factors of protection
N Neglect
E Exploited
H Harm
A Abuse
Thus he explained that NEHA should be given the S (support), i.e., SNEHA. In respect to the final order
he described that, the CWC usually sends the child to a children's home while the inquiry into the case is
conducted for the protection of the child. The CWC meets and interviews the child to learn his/her
background information and also understand the problem the child is facing. The probation officer (P.O)
in charge of the case must also submit regular reports 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 original parents or adoptive parents, foster care or in an institution. A final order must be given
within four months of the admission of the child before the CWC. The CWC also has powers to hold
people accountable for the child such as in the case of child labor, the employers are fined or made to
give bonds to the children. CWC also has the power to transfer the child to a different CWC closer o the
child's home or in the child's state to dispose of the case and reunite the child with his family and
community. He explained the provisions of punishment are only in four sections of JJ Act, 23,24,25,26,
which states:
Section 23: Punishment for cruelty to juvenile or child.- Whoever, having the actual charge of or control
over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or
procures him to be assaulted, abandoned, exposed o neglected in a manner likely to cause such juvenile
or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term
which may extend to six months, or fine, or with both.
Section 24: Employment of juvenile or child for begging.-
1. Whoever, employs or uses any juvenile or the child for the purpose or causes any juvenile to beg
shall be punishable with imprisonment for a term which may extend to three years and shall
also be liable to fine.
2. Whoever, having the actual charge of, or control over, a juvenile or the child abets the
commission of the offence punishable under sub- section (1), shall be punishable with
imprisonment for a term which may extend to one year and shall also be liable to fine.
Section 25: Penalty for giving intoxicating drug or psychotropic substance to juvenile or child.- Whoever
gives, or causes to be given, to any juvenile or the child any intoxicating liquor in a public place or any
narcotic drug or psychotropic substance except up n the order of duly qualified medical practitioner or
69
in case of sickness shall be punishable with imprisonment for a term which may extend to three years
and shall also be liable to fine.
Section 26: Exploitation of juvenile or child Employee: Whoever ostensibly procures a juvenile or the
child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or
uses such earning for his own purposes shall be punishable with imprisonment for a term which may
extend to three years and shall also be liable to fine.
In respect to counseling he said that a counselor needs to be a listener than speaker. He shouldn’t
make any pre assumptions or perception. He should always encourage his right to participation &
maintain a child friendly atmosphere. The sitting arrangement should be such that the child shouldn’t
feel hesitant about anything.
In respect to the final order and the surrendered child he referred the SOP for CWC which says:
The order for surrender by CWC is noted at the end of the surrender deed document. It must contain
the following facts and documents:
1. Original surrender document
2. Interview of the parent by CWC
3. Statement of the biological mother for surrendering the child
4. Affidavit of the witness.
Details of when the child was produced before the CWC, that the biological mother
was interviewed and explained the implications of surrendering her child, the documents
were verified (such as hospital card/birth certificate of the child, age proof of the minor mother, proof
admission order to the Licensed Adoption and Placement Agency (LAPA)/ Specialized
Adoption Agency (SAA) and the NGO (adoption agency) are asked to commence the process for the child
to be declared free for adoption. The LAPA and SAA shall wait for completion of 60 days
reconsideration time given to the biological parent or parents after surrender.
If within 60 days, the mother comes back to claim the child, the CWC must carefully
examine the reasons why the minor mother has changed her mind and whether there are vested
interests that are at play, compelling her to take back the child. (It could be persons involved in illegal
sale of children etc). The CWC should order the PO to enquire into all facts of the case especially
verifying if the parent/s is capable of providing for the adequate care of the child. The child can then
be handed over, after signing a bond by all parties (minor mother, her parent/guardians and
NGO involved at the time of surrender of the child). The bond serves as a guarantee that the child will be
70
cared for. In such cases, the CWC should maintain a follow up with the minor mother, and child and the
family of the biological mother, initially once in a month for three months and then once every three
months for a year, then once a year for two years.
If mother does not come to claim the child If the parents do not reconsider the decision to surrender
the child, the CWC shall declare the surrendered child legally free for adoption in Form XIII (See
procedures for declaring a child legally free for adoption, under Unit 3 of this Chapter and
see Annexure 2 for Order). The LAPA and SAA produce the child. The CWC examines the child and
reviews the progress of the child and declares the child legally free for adoption. The CWC is not
involved in the actual process of adoption. Till further process of adoption the child will remain in the
adoption placement agency in safe custody. When the child is adopted, the adoption placement agency
will inform the CWC the details of the adoption. If the child is not adopted within a year, the CWC can
transfer the child to another placement agency.
He describes the concept of summons & Warrants as following:
Summons and warrants
The CWC can ask relevant persons connected with the child’s life and circumstances to come before the
CWC. These could include a parent, teacher, doctor, neighbor, social worker/NGO staff, employer and
any significant adult related to that particular case. At first, these persons could be called
through a letter sent by Registered AD. If there is no response to the letter, then CWC can issue
summons.
Summons
CWC issues summons through the SJPU/police. The summons are to be prepared in duplicate,(Annexure
10) the original is to be given to the party that is being summoned and the second remains as a copy. If
the party does not turn up on the day that they were summoned for the hearing, the CWC can order the
police to serve the summons again. The summonses are sent to the address of the person being asked
to come before the CWC. The summons can be received by any adult member at the address of the
person being summoned. When the summons are served, the police is expected to take the signature
and date of the adult receiving the summons. If the party is unable to attend the date given by the CWC,
he /she is expected to write the reason for not being able to come on that date on the copy of the
summons. If the party is not available at home, the police is expected to paste the copy of the summons
on the door, especially if the visit by police has already been made three times. If the person summoned
has not appeared before CWC even after he has been issued summons thrice, the CWC can issue a
Notice to the person. (See annexure for Copy of Summons and Notice) If the summons are
71
served to the police for evidence or any other matter and the police is unable to attend on that
date, the police will give its reasons in writing for not being able to appear before the
CWC. This application has to be approved by her/his senior officer.
Warrant
If the Notice is not responded to, CWC issues a bailable warrant asking the person to come and see the
CWC. If the person fails to come and also fails to give reason and proof for not being able to come and
meet the CWC, the 2nd time a non bailable warrant is issued and the police can arrest the person.
Next Mr.Santosh Shinde initiated a activity. He distributed all the members in 6 groups and handed over
to them a case study for each group in which they had to determine the line of action and write the
interim order. The cases include topics instances like:
 Child Labor
 Child Abuse
 Missing Child
 Beggary
CWC members gave their decision on the basis of their understanding about the JJ Act. Further
Mr.Santosh Shinde guided them and showed them the flaws which needed to be corrected.
With this the session concluded.
72
Mr.Sunil Arora, Bal Asha Trust, Mumbai Session: Day 3
Mr.Sunil Arora presented a PPT through which he elaborated his topic.

The main points of his session were :
 Principles convey the essence of the act :
 Child remains in family and institutionalization is the

last resort
 Decision is on the case basis
 Decisions are made after, thorough assessment of the
child situation
 Confidentiality is maintained.
 Child’s views are taken in decision making.
 Protection of child is ensured at all stages of
rehabilitation & social integration
 The child’s progress reviewed on a periodic basis
 Types of Institutions / child protection services and programmes under the Juvenile Justice
System
 Sponsorship Organization
 Community counseling centers
 Children’s Homes
 Observation Homes
 Special Homes
 Shelter Homes / Drop-in-centre
 Fit Institutions
 Fit person custody
 Shishu Grihas
 Specialized Agencies (SAA & RIPA)
 Foster Homes
 NGO run institutions, Homes, Organizations & Centers
 Rationale for Non Institutional Services / some negative impacts of long term institutional care
 Maternal Deprivation
 Emotional Deprivation
 Separation Anxiety
 Low self esteem
 Failure to trust
 Development Delays
 Excessive routinisation and regimentation
73
 Physical abuse & trauma
 Segregation & isolation from society
 Difficulty in mainstreaming & adjusting in society
 Inter personal relationship problems
 Anonymity & Lack of personal
 Process of rehabilitation & social integration – Sec 40 JJ Act
 Adoption (Sec 41 JJ Act)

 Foster care ( Sec 42 JJ Act)
 Sponsorship (Sec 43 JJ Act)
 After Care Organization (Sec 44 Act)
 Who can be placed in adoption?
 A child “Legally declared free for adoption” by child welfare committee after following
“due process of law (Juvenile Justice Act 2006)” and exhausting all forms of child welfare
like sponsorship, foster care, (not pre adoption foster care)and institutionalization.
 CWCs are not involved in actual process of adoption.
 Surrendered Child
 Born as a consequence of non consensual relationship.

 Born of unwed mother or out of wedlock
 A child in whose case one of the biological parents is dead and one
parent living is incapacitated to take care
 The parents of the child are compelled to relinquish him/her due to
physical, emotional & social factors beyond their control.
 Process for Surrendered Child :
 Interview the biological mother / Parent /Guardians

 Asses the reason ( can it overcome through non institutional measures
like foster care & sponsorship )
 Refer to SAA for professional counseling & further processing
 A deed of surrender document must be prepared. The biological parent
must sign before CWC
74
 If the biological parent is minor then her parents/guardians to execute
the Deed along with the biological parent
 Informed and made to understand that the child can be reclaimed
within 60 days of surrender
 The child may be placed in Adoption after 60 days
 Counseling Birth parents
 Counseling
 Unwanted Mother
 Birth Father
 Birth parents
 Paradox of motherhood in the Indian society
 Emotions of an unwanted mother
 Towards the pregnancy / baby
 Towards the putative father
 Towards herself
 Dilemma
 Keep the child / Relinquish the child
 Emotional implications of relinquishment
 Pain
 Relief
 Guilt
 Loss
 Anxiety
 Depression
 Process
 A child must be brought before CWC within 24 hours unless the child is
unwell
 A FIR / Dairy entry must be filed, even if brought before NGO
75
 If the child is above 2 years then telecasting photo on the television
(preferably national television)
 If the parents are found then the child will be restored to family after
reasonable verification
 If not found and police have exhausted all possibilities and have given a
final report
 Free for Adoption
 Surrendered :Reconsideration period 60 days for the birth Parents, if over the child may
be declared for the adoption
 Abandoned : After all reasonable steps are undertaken and the biological parent /
guardian remain untraceable then the child may be declared destitute and made free
for adoption by CWC
 Adoption: (Sec 41, Rule 33 JJ Act) Adoption is the best non-institutional service for the
abandoned, surrendered destitute child since it provides a permanent family, for the
child who is legally free for adoption.
 A child becomes a son / daughter of his adoptive parents with all the rights, privileges
and responsibility that are attached to the relationship.
 Steps in Adoption in country
 Documentation & Registration

 Home study & Counseling
 Referral of child
 Acceptance of the child
 Filing of the petition
 Pre-Adoption Foster care
 Court hearing & orders
 Follow up
 Adoption Counseling
 Childlessness and infertility

 Emotional readiness and acceptance of adoption
 Marriage Stability
 “Bonding and attachment” with a child not biologically related
 Child’s social background
 Process of accepting the child
 Acceptance by family and friends
 “Secret” Adoption
76
 Sharing the fact of adoption with the child in future
 Special Needs children
 Children above 5 years

 Siblings
 Medical Disabilities
 Physical Disabilities
 Emotional Disabilities
 Adoption Legalization
 Juvenile Justice( Care & Protection Act ) Act 2002 (amended 2006)
 Hindu Adoption And Maintenance Act 195
 Foster Care (Sec 42 Rule 34-35)
 Fostering is the way of providing family life for someone else’s child in your own home
when they are unable to live with their birth family
 Rule 35(3) – Foster Parents to be declared “ fit persons” by CWC as per provisions under
sec 2 (i) of the act after through assessment by Child Welfare Officer or Social Worker
 Criteria for selection of Families (Rule 35)
 Foster parents should have stable emotional adjustments within the

family
 Foster parents should have an income and are not dependant on foster
care maintenance
 Medical reports of all family members including HIV , HEP.B., TB are
obtained physically and mentally fit.
 Experience in child care
 Adequate space and basic facilities
 Willing to follow rules including visits to doctors
 Sponsorship ( Sec 42 & Rule 37)
 Provide financial support to families, to children’s homes and special

homes to meet.
 Support for education
77
 Health
 Nutrition
 Other developmental needs
 A monthly support is given to family
 CWC to send order ( Form XVIII) to district or SCPU
Shift in Approaches
Mr. Sunil Jha, State Coordinator, ICPS Session: Day 3
The topic discussed by Mr Sunil Jha was Orientation on ICPS, administrative and
financial provisions for JJB under ICPS. Its salient features were:
ICPS an Introduction
 ICPS aims at creating and strengthening protective framework around

children
 The scheme was launched by MWCD, GOI in 2009 to fulfill the following specific activities:
 To institutionalize essential services and strengthen structures

 To enhance capacities at all levels
 To create database and knowledge base for child protection services
 To strengthen child protection at family and community level
 To ensure appropriate inter-sectoral response at all level
 To raise public awareness
 Structure / Bodies under ICPS
State Level District Level

SPSU DCPS
SCPS CWC
SARA JJB
Children Home (Govt. & NGO Run)
Observation Home
Open Shelter( NGO run)
SAA (NGO run)
78
 Distribution of Funds Component Wise:
Components State District NGO
CWC 65% 35%
JJB 65% 35%
Children Home (Govt. run) 25% 75%
Children’s Home (NGO run) 15% 75% 10%
Sl.No. Item Amount as per ICPS for Required amount for Remarks
one CWC 38 CWC
A Non Recurring Expenditure
Furniture, Computer, Rs.0.85 Lakh Rs.14.45Lakh For 17

Painting & Indoor Games Districts
etc.
B Recurring Expenditure
1. Rent Rs.0.60 Lakh Rs.6.60 Lakh
2. T.A & Meeting Allowance Rs.3.60 Lakh Rs.114.36 Lakh
for 5 Members CWC
3. Staff Salary ( Assit. Cum Rs.0.60 Lakh Rs.14.60 Lakh

Data Entry operator per
CWC
4. Child related Expenses Rs.0.36 Lakh Rs.12.36 Lakh
5. Contingency ( Water, Rs.0.18 Lakh Rs.6.18 Lakh
Electricity & Phone)
Total ( A + B) Rs.6.19 Lakh Rs.168.55 Lakh
Central Share for the year Rs.59.00 Lakh (35%)
2012 - 13
State share for the year Rs.109.00 Lakh (65 %)
2012 - 13
Child Welfare Committee Proposed Budget
79
Staff Structure and Salary Details
for 1 SAA (in Rs.) amount for 2
SAAs
7. Manager / 1 10,000/- Rs.2.40 Lakh
Coordinator
8. Social Worker Cum 1 8,000/- Rs.1.92 Lakh
early Childhood
Educator
9. Nurse 1 5,000/- Rs.1.20 Lakh
10. Doctor (Part time ) 1 3,000/- Rs.0.72 Lakh
11. Ayah 6 2,000/- Rs.0.88 Lakh
12. Security Guard 1 2,000/- Rs.0.48 Lakh
Total 8 11 Rs.9.60 Lakh
Functions of District Child Protection Society (DCPS)
DCPS has been constituted in all the districts and they shall function as a unit of SCPS. Major
functions of the DCPS are:
 Contribute to effective implementation of child protection legislations & schemes
 Monitoring of individual care plan for each child in need of care and protection
 Identify families at risk and children in need of care and protection:
 Assess the number of children in difficult circumstances and create district-specific databases'
 0 Map all child related service providers and services at district for creating a resource directory.
 Identify and support credible voluntary organizations to implement programme components of
the ICPS:
 Support implementation of family based non institutional services including sponsorship, foster
care, adoption and after care:
 Ensure effective implementation of the JJ Act, 2000 at district/city level by supporting creation of
adequate infrastructure, viz. setting up JJBs, CWCs. SJPU's in each districts and homes in a cluster
of districts as required:
 Ensure setting up of Village level Child Protection Committees.
 Facilitate transfer of children at all levels for either restoration to their families or placing the child in
long or short -term rehabilitation through alternative family care programmes.
80
DCPS Salary structure and Pay
(in Rs.) amount
10. DCPO 38 9300-34800 Rs.43.32 Lakh For 6 months

(19,000/-)
11. Probation Officer 76 12,000/- Rs. 69.12 Lakh
12. Legal cum Probation 38 12,000/- Rs. 27.36 Lakh For 6 months
Officer
13. Counselor 38 8,000/- Rs. 18.24 Lakh For 6 months
14. Social Worker 76 8,000/- Rs. 36.48 Lakh For 6 months
15. Accountant 38 8,000/- Rs. 18.24 Lakh For 6 months
16. Data Analyst 38 8,000/- Rs. 18.24 Lakh For 6 months
17. Asst. cum- Data Entry 38 5000/- Rs.11.40.Lakh For 6 months
Operator
18. Outreach Workers 92 4000/- Rs. 22.08 Lakh For 6 months
Total 472 Rs.264.48 Lakh
81
Mr. Rakesh Kumar (State Coordinator, MIS) Session: Day 3
Mr. Rakesh Kumar elaborated the significance and the points of MIES system
with the help of various slides. It contained statistics based on a survey
conducted. The main information’s contained by the slides were:
Child Welfare Committee (CWC) Quarterly Report
 Number of Child Welfare Committees required to be constituted in the State

 Number of Child Welfare Committees available on first day of the quarter
 No. of Child Welfare Committees completing tenure during the quarter.
 Number of Child Welfare Committees constituted during the quarter.
 No. of Child Welfare Committees yet to be constituted as on last day of the quarter
 Training of Members
 Total number of members of all CWC in the District.
 Number of members out of the above who have received training/orientation on JJ Act/ICPS
 Number of members out of the above who are yet to be given training/orientation in the next quarter.
 Pendency of Cases
 Number of CNCP cases carried forward from the last quarter.
 Number of new cases CNCP presented to the CWC during the quarter
 Number of CNCP cases disposed during the quarter.
 Number of CNCP cases carried forward to the next quarter.
 Cases pending as on last day of quarter
 Details of cases disposed during the quarter
 Number of children restored to their family
 Number of children sent to children’s homes
 Number of children sent to SAA
 Number of children sent to other Districts
 Number of children sent to other States.
 Any Other, give details
 Number of Children declared ‘Free for Adoption’
 Number of pending cases carried forward from the previous quarter
 Number of new cases during the quarter.
 Number of cases declared ‘free for adoption’ during the quarter
 Number of cases carried forward to the next quarter.
 Cases pending as on last day of quarter for declaring a child ‘free for adoption’
 Details of Children referred to Sponsorship & Foster care Committees
 Number of children referred for sponsorship committee.
 Number of children referred for foster Care committee.
 Sittings of CWCs during the quarter
 Total number of sittings of all CWC expected to be held.
82
Child Welfare Committee (CWC) Register
 Sl. No.
 Date
 Case No.
 Name of Child
 Age
 Sex
 Religion
 Cast (sc, st, obc, others)
 Fathers/ Guardian Name
 Address
 Produced By
 Reason for Admission (As per section 2D)
 Order issued by
 Child is sent to (Please Specify)
 Name of the PO
 Closing Date
 Disposal Order
 Remarks
 Photographs
Attendance Register
It should contain following information:
 Date
 Day
 Name
 Designation
 Time in
 Time out
 Signature
 Remarks
Outward Register & Inward register should contain following information:
 Date
 Letter No.
 Address to
 From
 Subject
 Remarks
83
Other Register/Form Maintained by CWC

 MINUTES REGISTER
 ROZNAMA
 ORDER
 SEPARATE REGISTER FOR ADOPTION CASES
DELIVERY SYSTEM OF MIES REPORT
Assistant Director Social

Security/District Child Protection
Unit/Directorate Social Welfare
Directorate of Social Welfare
A session on awareness was was performed by Mr.Haroon Rashid, UNICEF. He presented a PPt which
showed the condition of Aids in Bihar & it’s relevance in context of a country like India.The following
session was of Mrs.Monalisa Parija, UNICEF who interacted with the participant and encouraged a
debate on the functioning of CWC
The Last session was addressed by Mr. Manish Kumar Verma, Director, DSW, Govt. of Bihar. He
answered questions from various participants about the problems in their areas in respect to their
CWCs. Hwe gave the assurance that whatever is lacking will be fulfilled. He ended the session with a
valedictory speech.
84
Glossary
 UNCRC The United Nations Convention on the Rights of the Child
 CrPC Criminal Procedure Code
 CNCP Child in Need of Care & Protection
 CWC Child Welfare Committee
 JJA 1986 The Juvenile Justice Act 1986
 JJA 2000 The Juvenile Justice (Care and Protection of Children) Act 2000
 JJB Juvenile Justice Board
 JJS Juvenile Justice System
 IPC Indian Penal Code
 NGO Non-Governmental Organization
 PO Probation Officer
 SJPU Special Juvenile Police Unit
 CJM Chief Judicial Magistrate
 CWC Child Welfare Committee
 JJB Juvenile Justice Board
 GOB Government of Bihar
*The Reporting has been done by Prayas Juvenile Aid Centre

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1

Three-day Sensitization cum Orientation

Workshop held on 3rd to 5th and 25th to 27th August 2012

Hon'ble Chief Justice Hon'ble Justice Hon'ble Justice Hon'ble Justice

Mr.Sandeep Mr. Manish Kumar

Mr.Sunil Jha, State Mr. Rakesh Kumar Ms.Monalisa Parija Ms.M.M.Hashmi,

Professor Emeritus Ms.Smita, Mr.Sunil Arora Mr.Vikas Sawant, Ex

Mr.Haroon Rashid, Ms. Madhumita,

3. Descriptive Narration of Three- day’ Sensitization cum Orientation 53-84

 Mr.Sunil Arora, Bal Asha Trust, Mumbai Session: Day3 72-77

Ajay Kumar, State Coordinator, Juvenile Justice System, GoB, Introductory

The session was started by an opening speech by Mr.Ajay Kumar, State

Mr. Mansoor Qadri, CP Specialist, UNICEF, Session 1: Day 1

 Simple language for interaction.

 Explaining the Salient Features of JJ Act.

 Co-ordination between CWC & Childline.

 CWC’s role evaluation.

 How to create the environment in the best interest of child.

 Co-ordination with the Police Authority.

 How to handle mentally challenged.

Importance of Child Protection.

 Constitutional Guarantees that are meant specifically for children include:

 Right to equality (Article 14)

Child Protection: issue and concerns

What is Child Protection?

 Different definitions exist, but they have in common:

Child Protection: definition

Protection within CRC

 Rights before JJB

Other UN Instruments 1990

 Riyadh Guidelines for Prevention of JD

UN Guidelines for Action on Children in the Criminal Justice System 1997

Professor Emeritus B.B.Pandey, Delhi University Session: Day 1

Rule 82/1A: CWC infrastructure includes

Sitting hall Waiting room for Children

Section 29: JJ Act, Child Welfare Committee

Section 30: JJ Act, Procedure, etc., in relation to Committee

Section 31: JJ Act, Powers of Committee

Section 32: Production before Committee

With this his session concluded.

Ms.Smita Dharmamer, Aangan Trust Session: Day 1

The next session was addressed by Ms.Smita Dharmamer of Aangan Trust.

 Excitement of doing something foolish.

Child rights preservation & Indian Constitution

Constitutional Guarantees that are meant specifically for children include:

 Right to equality (Article 14)

Child Protection Issues in India.

Provisions under UNCRC

There are four main sections to the UNCRC:

An Integrated Approach to Children’s Rights

Aspects of Development for Child

 Infancy (Birth to 2 Years)

Infancy & Early Development

 Competency : Industry vs. Inferiority ( Childhood 6 to 11 Years)

Adolescence: The last step before becoming an adult

 “Who am I , where I am going?”

Identifying High risk Environments

General areas in which child needs help

 Immediate Assistance (Food, Medical, Safety & Security)

With these views her session was concluded.

Ms. Madhumita, UNICEF Session: Day 1

Ms.Madhumita, UNICEF addressed the next session discussing the

Who needs HIV testing?