Lend A Helping Hand To Children The Right Way

Context: The second wave of the COVID-19 has left many children orphaned and vulnerable. In this context, it is important to understand the legal provisions in taking care of such children.

Many options to help a child in distress

• First outreach: Any individual who finds an orphan child or any child who needs care and protection should immediately call toll free Childline number 1098, an emergency phone outreach service.
• Intimate district protection officer: Whose contact details can be found on National Tracking System for Missing and Vulnerable Children portal.
• Approach nearest police station: Or its child welfare police officer.
• Emergency care: Dial Emergency Response Support System (ERSS 112).
• National Commission for Protection of Child Rights (NCPCR) recently wrote to Chief Secretaries of all States and Union Territories to report such children through email or over the telephone.

Established process for adoption

• Duty of outreach agency: To produce a child within 24 hours before Child Welfare Committee (CWC).
• Role of CWC: Decides whether to send child to children’s home or a fit facility or person; if child is below six years, he/she shall be placed in a specialised adoption agency.
  • Once a child is declared legally free for adoption by CWC, adoption can be done either by Indian prospective adoptive parents or non-resident Indians or foreigners, in that order.
• Role of the States and Union Territories (UTs): In Sampurna Behrua vs Union of India case, 2018 the Supreme Court directed States and UTs to ensure that all child care institutions are registered.
• Provisions under JJA: Secular in nature and simple procedures (compared to Hindu Adoptions and Maintenance Act, 1956), totally transparent procedures that can be monitored through Central Adoption Resource Authority

Caution against non-reporting of such children:

• Legal provisions:
  • Under the Juvenile Justice (Care and Protection of Children) Act, 2015, non-reporting of such children – A punishable offence.
  • According to the Hindu Minority and Guardianship Act, 1956, the father, and in his absence, the mother, is the natural guardian. Not even a close relative can look after the child without authorisation.
• Judicial directions to the police:
  • In Bachpan Bachao Andolan vs Union of India, the SC directed all Directors General of Police to register a first information report as a case of trafficking or abduction in case of a missing child.
    • At least one police officer not below the rank of assistant sub-­inspector in each police station is mandatorily required to undergo training to deal with children in conflict.
    • They are not required to wear a uniform and need to be child­friendly.
  • In Re: Exploitation of children in Orphanages in the State of Tamil Nadu (2017), the SC asked the National Police Academy and police training academies in every State to prepare training courses on the JJA.

Conclusion: Children are an important national asset, and the well-being of nation, and its future, depend on how its children grow and develop.

• Upholding primary purpose of adoption: That is welfare of the child and restoring his/her right to family.
• Constitutional responsibility: Article 39 of the Constitution prohibits the tender age of children from being abused.