CWC PPT Child

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Child Welfare Committee

Objectives

At the end of the section, participants will be able to


Define:
what is Child Welfare Committee
the structure and composition of CWC
the powers and functions of CWC
the procedure in relation to Children in Need of
Care and Protection (CNCP)
This slide is not taken in the guj ppt.
Definition
Section I Time: 45 Min

A Child Welfare Committee is a body notified


and constituted under section 27 of the JJ
Act,2015 for every district for exercising the
powers and to discharge the duties conferred
on such Committees in relation to children in
need of care and protection under this Act.
Structure and Composition
(Section 27, JJ Act, 2015)

The State Government shall notify one or more Child


Welfare Committees for each district, as required.

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 the matters
concerning children.

For its effective functioning, the Committee shall be


provided a Secretary and other staff for secretarial
support by the District Child Protection Unit.
Structure and Composition
(Section 27, JJ Act, 2015)

A member of the Committee shall be a person who


has been actively involved in health, education or
welfare activities pertaining to children for at least
seven years or is a practicing professional with a
degree in child psychology or psychiatry or law or
social work or sociology or human development.

A member shall be appointed for a period of not


more than three years. A member can be terminated
after an inquiry by the State Government for reasons
as prescribed in Sec 27 (7) of the JJ Act,2015.
Structure and Composition
(Section 27, JJ Act, 2015)
The Committee shall function as a Bench and shall have
the powers conferred by the Code of Criminal Procedure,
1973 on a Metropolitan Magistrate or, as the case may be,
a Judicial Magistrate of First Class.
The District Magistrate shall
conduct a quarterly review
of the functioning of the
Committee.
The District Magistrate shall
be the grievance redressal
authority for the CWC.
Procedure in relation to the Committee
(Section 28, JJ Act, 2015)

In the event of any The Committee may act,


difference of opinion notwithstanding the absence
among the members of of any member of the
the Committee at the Committee, and no order
time of taking any made by the Committee shall
decision, the opinion of be invalid by reason only of
the majority shall the absence of any member
prevail but where there during any stage of the
is no such majority, the proceeding. Provided that
opinion of the there shall be at least three
Chairperson shall members present at the time
prevail. of final disposal of the case.
Group Work

Divide the participants in four groups. Give them a situation of a CNCP and ask
them to describe the procedure followed for that CNCP. The situations are
given below:
Group Work
Akhilesh is a 13 year old boy who works in a dhaba. He has to
work for 12 to 14 hours a day. He is often belted, beaten, hit
and kicked brutally and is subjected to the worst kind of
physical abuse by his employer. He is often denied food also.
In a police raid, he was rescued in a joint raid by police and
support from an NGO working against child labour.
Group Work

A new born baby was found


wrapped in a newspaper in a
dustbin near a hospital. The
hospital staff informed the
police and the infant was
brought before the CWC.
Manju is a 14 year old girl.
She was brought to the city
from her village by her
‘uncle’ with a promise of a
lucrative job.
Group Work
Girish is a 15 year old boy. He has been living on a
footpath after death of his parents. He lives with a gang
of people who drink alcohol, sniff glue and smoke drugs.
He was rounded up one day by the police and brought
before the CWC.
Procedure in Relation to Children in
Need of Care and Protection
The JJ Act prescribes the process for CWC to deal with children
in need for care and protection.
Production before the Committee (Section 31, JJ Act, 2015)
Any child in need of care and protection may be produced
before the Committee by the following individuals –

Any police officer or special juvenile police unit or a


designated Child Welfare Police Officer or any officer of
District Child Protection Unit or inspector appointed under
any labour law for the time being in force.

Any public servant.


Procedure in Relation to Children in
Need of Care and Protection

Childline Services or any voluntary or non-governmental


organisation or any agency as may be recognised by the
State Government.

Child Welfare Officer or probation officer.

Any social worker or a public spirited citizen.

By the child himself; or

Any nurse, doctor or management of a nursing home,


hospital or maternity home.
What inquiry should be done on production
of a child on receipt of a report?

Inquiry (Section 36, JJ Act, 2015)

On production of a child or receipt of a report, the


Committee shall hold an inquiry on its own or on the
receipt of the report and may pass an order to send the
child to the children’s home or a fit facility or fit person,
and for speedy social investigation by a social worker or
Child Welfare Officer or Child Welfare Police Officer.

All children below six years of age, who are orphan,


surrendered or appear to be abandoned shall be placed
in a Specialised Adoption Agency, where available.
What is the procedure for determination of
age of a person brought before the CWC?
Presumption and determination of age (Section 94, JJ Act, 2015)

Where, it is obvious to the Committee, based on the appearance of the


person brought before it under any of the provisions of this Act (other than
for the purpose of giving evidence) that the said person is a child, the
Committee shall record such observation stating the age of the child as
nearly as may be and proceed with the inquiry (for C.C.L. sec 14, for
N.C.N.C.P sec 36) , without waiting for further confirmation of the age.

In case, the Committee has reasonable grounds for doubt regarding


whether the person brought before it is a child or not, the Committee, as
the case may be, shall undertake the process of age determination, by
seeking evidence by obtaining
What is the procedure for determination of
age of a person brought before the CWC?

The date of birth certificate from the school, or the


matriculation or equivalent certificate from the
concerned examination Board
The birth certificate given by a corporation or a
municipal authority or a panchayat;
only in the absence of (i) and (ii) above, age shall be
determined by an ossification test or any other latest
medical age determination test conducted on the
orders of the Committee
Other Functions of the Committee

Any child care institution


registered under this The open shelters
section shall be duty shall send
bound to admit children, information every
subject to the capacity of month, in the manner
the institution, as directed as may be prescribed,
by the Committee, regarding children
whether they are receiving availing the services
grants from the Central of the shelter, to the
Government or, as the Committee and the
case may be, the State District Child
Government or not. Protection Unit.

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