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CHAPTER -6

THE ROLE OF CHILD WELFARE COMMITTEES IN THE STATE OF A.P UNDER

THE JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT, 2000—A STUDY

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6.1 Introduction

As stated in the National Policy for Children (NPC) 1974, children are a supremely important

asset of our country. Children constitute more than 42% of India‟s population. However, for

various reasons, children constitute the most vulnerable section of society. This is evident from the

continued prevalence of vulnerable groups like street children, trafficked children, abused children,

children from family at risk, abandoned children, destitute children, orphaned children, mentally ill

children, missing children, children engaging in substance abuse, children affected by conflict and

disasters, working children, differently abled children, HIV/AIDS affected/ infected children etc.

Therefore, their realizing their rights to care and protection continues to be a distant dream for

millions of children in India. This has also been evident from well researched studies and reports

of the government and other agencies/individuals.

India‟s ratification of United Nations Convention on Rights of the Child (UNCRC) in 1992 and

enactment of Juvenile Justice (Care and Protection of Children) Act 2000/Amendment 2006 are

two important milestones in India‟s child rights movement. One of the key purposes of Juvenile

Justice Act (JJA) 2000/Amendment 2006 is to protect the rights children in need of care and

protection (CNCP). Accordingly, the provision for constituting Child Welfare Committees (CWC)

in every district has been made. However, progress, functioning and conceptual understanding of

CWCs are at different levels in different states.

In Andhra Pradesh, CWCs were initially constituted only in the districts where observation

homes were present. In 2004, CWCs were constituted under GOMs.30; WD. CW & DW (JJ) Dept

dated 6.12. 2004 in Hyderabad (for boys & entire state for girls), West Godavari, Visakhapatnam

and Kadapa districts.

In 2006, CWCs were constituted under GOMs.9, WD.CW& DW (JJ) Dept dated 12.4.2006 in

khammam, Krishna, kurnool, karimnagar, Guntur and Nalgonda districts.

As a result of PIL filed by a consortium of NGOs in High court. (Ref. High Court direction on

the WP. 13472/2006), Government of AP constituted CWCs in the remaining 13 districts of AP

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(East Godavari, Srikakulam, Nizamabad, Chittoor, Ananthapur, Vijayanagaram, Warngal, Nellore,

Adilabad, Medak, Mahaboob nagar, Rangareddy and Prakasam) in the year 2006 against G.O.Ms.

no. dated 11th

August, 2006.

Since then very little effort has been recorded in the activities of many CWCs, as they were

constituted hurriedly without proper exercise for the selection of CWC members.

The present term of CWCs ended by September 2009, but was extended up to June 2010.

Without ascertaining the reasons for the gaps and inconsistencies of present system of CWCs, the

Government of AP is planning to appoint new members in place of the old ones.

In this context, it is very vital to assess the reasons for the lacuna in the structure and

functioning of CWCs. This study will bring out the present status of CWCs and will recommend

certain measures to make them more effective.

II. OBJECTIVES OF STUDY

-To know the status and ascertain reasons for the current status of functioning of CWCs

-To identify gaps and challenges in implementing JJS from the view points of CWCs and suggest

possible solutions

-To suggest recommendations for the strengthening of JJ System based on findings and

experiences of CWCs & NGOs

III. METHODOLOGY

The study has been done in 4 selected districts in each of the 3 regions of AP. CWCs (Child

Welfare Committees), one Children Rights Network/NGO network, two subject expert/state level

resource persons on Juvenile Justice System (JJS), two NGOs working closely with DWD&CW

(the Department of Women and Child Development) on CWCs/JJS and representative from the

officials of DWD&CW, and Labour department have been interviewed as part of the study.

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Mixed methodology approach has been chosen for the study. It has been carried out using the

frameworks of both qualitative and quantitative methodologies. Key data sources for the study

would be both primary and secondary. Primary data has been gathered mainly through interviews,

observations, focused group discussions, analysis of files and records/documents, CWC member,

CWC sitting process, official representatives (Superintendents, Probation Officers/Child Welfare

Officers etc.) of Children Homes, the district and the state officials of DWD&CW, Child Line

members, NGO representatives, network representatives, subject experts and identified

practitioners and judiciary, who are involved or supportive in the implementation of JJS.

IV. Analysis of the Interview Schedule for Child Welfare Committees:

The interview schedule was shared with the CWCs in all the 23 districts of Andhra Pradesh. Of

all the CWCs, the responses were received from 10 districts, viz., Srikakulam, Visakhapatnam,

East Godavari, West Godavari, Krishna, Guntur, Prakasam, Nellore, Chittoor, and Ananthapur.

A consolidated response was obtained through RTI from the Kurnool, CWC [Annexure-2].

However, the responses from the CWCs of Medak, Adilabad and Karimnagar were not received in

the schedule provided; instead it was a one page note. The consistent efforts of the NGOs from the

above-mentioned districts resulted in obtaining only the contact details of CWC chairperson and

members. The one-page note of the above-said three districts clearly indicates that the CWCs are

almost defunct.

Analysis of Profiles: On analysis the personal profile of the respondents, it is observed that

there is a gender imbalance. The members are well educated and hold respectable positions in

various forums and networks within the districts. However, each one‟s interest in getting involved

as a member or chairperson of the CWC varied according to the different positions they hold and

the networks they are involved in.

The responses of the interviewees when asked about their plans while being appointed for the

CWCs are as follows:

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To address children‟s issues, protect street children, eradicate child marriages, protect and

promote child rights and prevent child labour- particularly girl child labour-, prevent domestic

violence, reach out to many more children, and to establish linkages between Government

officials and NGOs.

Children ensured of the existence of a child rights protection body, which provides immediate

rehabilitation in the respective district, for the welfare of children.

To contribute to the strengthening of the existing JJ system and facilitate collaboration between

the Government & the NGOs for the protection and rehabilitation of the children at risk.

Continued service for the promotion of child rights and in care and protection of children

A platform to strengthen child rights protection and start children‟s home in the district

Focus on counseling children and parents for prevention of abuse at the hostels and for the

prevention of child labour.

CWC BACKGROUND INFORMATION (QUALITATIVE):

a. Respondents’ knowledge about vacant position/s & reasons thereof

The overall trends show that there are no vacancies in four districts. Some CWCs do not have

chairpersons or members. The reasons for the vacancies are identified as follows:

There are no monetary benefits

Some honorarium is paid only to the CWC members that work where children homes (run

by juvenile welfare departments) are located.

The members are busy with their own professions

The members are not selection on the basis of their experience and their commitment.

The resolutions/ summons of the CWCs are not either followed up or acted upon.

The district administration and the JW Department are not taking initiatives to recruit new

members

There is poor coordination among the members of the committee

b. Challenges faced in handling cases and implementing the existing support systems

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Lack of support system, lack of financial provisions, lack of infrastructure, inability to deal with

trafficked children due to lack of external support, lack of awareness on CWC among the

government officials, difficulties in coordination, interference by political leaders while taking

custody of street children and placing them in welfare homes, difficulties in homes investigations

due to children‟s unwillingness to give details [trying to take the support of CHILDLINE for

details], lack of medical support from the health department, police not providing escorts for

children by stating that they do not have sufficient staff, rehabilitation for 15 cases of orphans who

are above 18 years, and lack of awareness in the communities on child rights were the prominent

challenges that the CWCs faced. The following details will shed further light on the current

situation:

There is no proper response from WD&CD and Probation officer to the request of the

CWC for conducting enquiry and collecting information.

Almost all CWCs do not have any clarity over their roles and responsibilities.

Poor response from other government departments like Revenue, Police, Labour welfare

etc. to the implementation orders issued by the CWC

Many government departments still consider CWC as a private organization as there have

been no efforts to sensitize them on CWCs.

The government departments including district officials like collector, Superintendent of

Police, and the officials of the departments of Women Development & Child Welfare,

Labor, Education etc. have no clear instructions to follow and respect the CWC directions.

Providing care & protection (institutional care) and rehabilitation services for needy

children is difficult because of the absence of fit institutions.

There is no provision for economic support for the needy children for their rehabilitation.

The orders for rehabilitation are not fulfilled by the department concerned, as it does not

recognize the committee as a constitutional body.

The labour department does not produce the child labourers before the committee even

after the issue of orders by the CWC.

The CWC has no powers to issue memos or take action against those who violate its

orders/summons.

Even after repeated directions, the police do not produce children before the CWC, but take

them directly to the police stations.

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CWC members are not fully aware of their powers and the dos and don‟ts.

The Public, Media and the government departments are not aware of JJ Act and CWC‟s

roles & responsibilities and its significance.

There is no proper infrastructural support for running CWCs.

There are no human resources & support services (for typing orders/keeping records/case

studies/serving summons or orders, keeping office clean etc).

Lack of financial assistance for administration (for stationary, postage/ communication,

travel for sending children to homes, visiting homes).

Lack of financial support for conducting meetings with other departments and sensitizing

the communities/public.

Srikakulam District: The DPO (District Probationary Officer) conducted a drive in srikakulam

Railway Station and found three children begging. They were put in child welfare home in

Visahapatnam. Then the parents and relatives approached the local MLA and municipal

chairperson, who contacted the chairperson of CWC for the release of the child.

Capacity Building (Qualitative)

a. Relevance of capacity building activities

Exposure visits, capacity building programs on counseling skills, and orientation on JJA by JJ

Department were some of the initiatives that the respondents requested for. They felt that such

interventions would enable them to more effectively discharge their duties.

Specifically, in East Godavari district, on capacity building activities were undertaken

whatsoever. In West Godavari district, the CWC felt that „capacity building is relevant but in some

cases rules cannot rules cannot be followed/applied „as they should be‟. Such cases need to be

considered based on practical thinking and in the best interests of the child. In Visakhapatnam

district, the CWC conducted seminars for the police, Judiciary, NGOs and the general public.

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It is observed that the capacity building programmes were conducted as a routine process but

not in the best interests of the children.

Coordination with DWC&CW (Qualitative):

a. CWC’s interaction with DWD&CW for the past one year

The CWCs of Chittoor, West Godavari, Nellore, Visakhapatnam, Prakasam, Guntur and

Ananthapur districts have a good rapport with the DWD&CW right from the initial stages in cases

like atrocities on children and their rescue, coordination in running Sishu Vihar & adoption cases

and involvement/interactions on case to case basis. A formal introduction of the CWC members to

the DWD&CW was initiated. In Krishna, East Godavari and Srikakulam districts, there were

interactions as well as activities like placement of girl children and abandoned orphan infants in

the Homes, dealing children legally for adoption, double ration/nutrition for CLHA in the district,

celebration of child rights week etc. To an extent there have been frequent meetings and

interactions between the DWD&CW and the CWCs.

a. Formal meetings with DWD&CW on CWC related issues

It is surprising to note that no formal meetings were organized in East Godavari, West Godavari

and Guntur districts. In Srikakulam, Nellore Visakhapatnam, Krishna, Chitoor and Prakasam

districts, many meetings were organized. The CWCs of these districts apprised the DWDC of the

incidences of abuse of girls as when they were reported. Some informal meetings were also held

regarding adoptions and girl child placement and on the eve of Child Rights Protection Day.

C. Kinds of communication CWC received from DWD&CW

It is interesting to note that East Godavari, Nellore, Prakasam and Anantapur district have not

received any kind of communication form the department, whereas the Chittoor district CWC

chairman received some communication form the department with regard to adoption cases. The

chairperson shared that communication with the other members of the CWC. In Krishna and

Guntur districts, written official communication was not given but informal telecommunication

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was in practice. In Srikakulam district, there were sanction orders form the CWC for double

nutrition (extra supplementary feeding) for CHLAs (Children Living with HIV/AIDS) through the

Anganwadi centers. In West Godavari district, there had been communications between the CWC

and the department on destitute, orphans, and trafficked adolescent girls. In Visakhapatnam,

communication about the meetings was shared.

d. Formal systems of reporting, monitoring and reviewing of CWC work at the state level:

Formal systems of reporting, monitoring and reviewing of CWC work at the state level does not

exist. In Visakhapatnam and Chittoor districts, reporting is generally taken care or by the

superintendents of the homes for girls and boys. On one occasion, the CWC chairperson wrote to

the DWD&CW director to fill the vacant posts and improve the amenities. Track records and case

studies of children, meeting minutes of the CWC, documentation [attendance register, news paper

clippings] were shared. Quarterly reporting of cases dealt by the CWC was reported to state

directorate. But the request was not considered. In Srikakulam and Guntur districts, DPO reports to

the state level DWD&CW who in turn reviews the work and performance of the DPO. In

Anantapur, all these are taken care of by the DWD&CW. It is noted that majority of the districts

studied do not have a formal reporting, system of monitoring and review of activities. However, it

was found in some cases that records had been maintained for all activities. In general, there is

irregularity in maintaining records.

On the whole, no prescribed formal systems are in place. Nobody has so far enquired about the

functioning of CWC, or the number of cases pending/processed or number of meetings conducted,

no. of cases dealt with, no. of children rescued, no. of children sent to homes, no. of children re-

integrated and home investigated etc. many CWCs do not have any kind of data on these things. It

is seen only there where juvenile welfare department-run children homes are functioning.

e. Types of formal systems of reporting, monitoring and reviewing of CWC work at the state

level in practice:

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In East Godavari district, information is passed only through letters. In Chittoor, the CWC

reports to Director/Dy. Director of JJB. Officials from the National and State authorities also

review the performance of CWCs, and informal reviews are done by the CWC Chairperson in

some districts. In Krishna, the cases dealt by the CWC are reported to the state Directorate on

Quarterly basis. However, in Srikakulam, West Godavari, Guntur, Nellore, Prakasam and

Anantapur districts, the CWC has no knowledge and understanding of the formal systems of

reporting and monitoring. The reviewing of CWC work at the state level does not exist in practice.

In Visakhapatnam, the Dy. Director and Director visit and review the CWC activities. Generally, it

is noticed that most of the districts are not even aware of the formal reporting, monitoring and

reviewing of the CWCs.

f.Formal requests by CWC for meetings/discussion with the DWD&CW and the response to

the same:

In East Godavari, West Godavari, Nellore, Anantapur, Krishna and Guntur districts, the CWCs

have not made any formal requests for meetings/discussion with the DWD&CW so far. However,

in Chittoor, Visakhapatnam, Nellore, Prakasam and Ananthapur districts, the CWCs invited the PD

of DWD&CW to visit the Government. Homes for boys and girls; and also made some formal

requests for meetings/discussion with the DWD&CW.

In Srikakulam district, the CWC made a request to the DWD&CW for double nutrition support

for CLHAs, which eventually was accepted and an official order was also issued to that effect.

Response by the DWD&CW

In many districts, the PD of DWD&CW visited the Government. Homes for boys and girls, and

attended the orientation on the roles and responsibilities of the CWC.

Chittoor: 36 adoption cases have been handled with good coordination between the CWC and

the DWD&CW.

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Srikakulam: Double nutrition support was given to CLHAs across the district through the

anganwadies.

West Godavari: Visakhapatnam, Nellore, Guntur and Prakasam: There was no proper response

from the DWD&CW.

Supports received from the State Office/DWD&CW for CWC:

This is not applicable in the case of East Godavari, Krishna and Chittoor districts. However, in

West Godavari, Nellore, Guntur, Prakasam and Anantapur districts, no specific support services

were received. In Srikakulam district, double nutrition support for CLHAs was provided.

However, CWC respondent from Visakhapatnam mentioned that there was a need for

improvement in communication systems. In a nut shell, the field level situation can be summed up

as follows:

It is understood that many officers in DW&CD are not well aware of JJ Act and CWC. Even

though both Juvenile welfare and Women and Child welfare function under the same principal

secretary, there is no coordination between these two bodies at state and district levels.

The orders/requests/summons of the CWC are not honored by the DWD&CW.

The DWD&CW is not ready and willing to provide least the minimum support services

though the CWC are functioning in the premises of DWD&CW‟s Mahila Pranganams.

The DWD&CW does not bring the abuse, exploitation & trafficking incidences of children to

the notice of CWCs.

The CWCs of some districts have stated that not even a single child has been produced

before them by the DWD&CW.

Coordination with other departments and agencies (Qualitative):

a. Other departments/ agencies need to work in coordination with the CWCs and their

respective roles:

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State Home Ministry, Juvenile Justice Board, child-related NGOs, police, Government, line

departments like Education, Labour, Health, Social Welfare, Women and Child Welfare, Police

and Rural Development and Transport; and doctors‟ associations are some of the prominent ones

mentioned by the respondents.

Srikakulam district:

Rajiv Vidya Mission for providing quality education for school drop outs

Social welfare departments for hostel admissions

SC Corporation for skills and livelihoods trainings

DPRO for publicizing on child rights

West Godavari district:

WDC for double (extra) ration

Rajiv Vidya Mission for providing quality education for drop outs

Police for escort support for referrals and restoration

Health department for medicinal support

Nellore and Prakasam districts:

DWD&CW for active participation and involvement in child related issues

Visakhapatnam district:

Municipal Corporation, DRDA. Railways, BC,SC & ST corporations and

Universities for Developing infrastructure facilities, financial support for livelihoods,

trainings and rehabilitation.

Guntur and Anantapur districts:

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DWD&CW, Police, Health and Education departments to take up activities for the

welfare of the children as per their respective departmental activities.

a. Efforts to sensitize departments/agencies about their role with regard to CWC and child

related issues: It is interesting to note that in Anantapur, Chittor, Srikakulam, Guntur,

Visakhapatnam, West Godavari and Nellore districts, no efforts were carried out. There were a few

such efforts in East Godavari, Prakasam and Krishna districts. In Vijayawada, sensitization is done

through the forum for child rights and Child Line Forum. Support was sought from district

administration to provide space to conduct meetings of JJ board and CWC in Srikakulam town but

could not succeed.

Networking:

Respondents from Srikakulam, West Godavari, Nellore, Guntur, Ananthapur and Prakasam

districts feel the need for regular meeting between CWCs and NGO networks. Net work support

mechanisms do not exist in Visakhapatnam, East Godavari and Chittoor districts, the respondents

of Krishna district suggested that there is a need for an active child focused NGO be represented at

the CWC and periodical interactive meetings among of the CWCs. The need to strengthen the

Networking within the CWCs is very much needed most of them felt. The CWCs that have NGOs

representatives as chairpersons achieved substantial progress in terms of the number of cases dealt

with.

a. There should be efforts for developing strong intra district, inter district and inter-state networks

for the effective functioning of the JJS. No such network effort could be mentioned by the

respondents; but most of them expressed that their own efforts would be more helpful in the

effective functioning of the CWCs.

Legal aspects:

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Knowledge on the provisions of the JJA 2000/ Amendment 2006 and JJ Model Rules 2007

ensuring child rights protection

Respondents from East Godavari, Guntur and Ananthapur CWCs had no idea of the existing

provisions in the JJA 2000/Amendment 2006 and also expressed that they required proper inputs

to work effectively taking up the activities under the CWC.

Respondents from West Godavari, Visakhapatnam, Nellore and Prakasam CWCs expressed that

they had good knowledge of the JJA 2000. They argued that children should be protected and

rehabilitated even after their term at home.

Respondents from Chittor and Srikakulam did not give any response. The respondent from Krishna

felt that the provisions would give powers to CWCs to implement the law in a child friendly

environment.

b. Constraints of the JJA 2000/Amendment 2006 and Model Rules 2007

It was quite evident that most of the respondents were ill informed about the Provisions of the JJ

Act. It is noteworthy that their responses about the constraints lacked clarity. Only a couple of

respondents suggested for better coordination and for adequate budget provisions for effective

implementation of the Act.

c. Identified / experienced any ambiguity in the JJA 2000/Amendment 2006 / JJ Model Rules

2007.

Respondents from East Godavari, Chittoor, West Godavari, Nellore, Guntur, Prakasam and

Anantapur districts could not identify anything specific. Srikakulam CWC stated that „The

Chairperson and the CWC are not entrusted with finance and monitoring powers. „In short, the

respondents were unable to recollect immediately. Certain points in the Act as well as the Rules

should be clarified to them.

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d. Process and procedures being followed when chidren are found during non sitting hours

of CWC or when no single member of CWC is available Srikakulam, East Godavari, Nellore,

Guntur, and Ananthapur CWCs have no clarity on the procedures to be followed.

Krishna, West Godavari and Prakasam districts CWCs follow the following procedures:

Reporting to Child Line

Ensuring presence of any one of the members of the CWC

Placing the child in appropriate institutions for temporary care and protection.

The procedures that Srikakulam and Visakhapatnam CWCs follow:

Passing on oral instructions of the Chairperson to DPO and staff.

When there is no sitting of the CWC, any one member takes the responsibility of

admitting the child in the home, on the information from the Superintendent of the

home.

Self initiatives:

a. Self initiatives of CWC and the impact

Identification of cases,

Initiating process for rehabilitation and re-integration

Imparting trainings to the line department and NGOs

The impact of these initiatives has resulted in good coordination between CWCs and

Government departments.

In Srikakulam, the CWC initiated for the provision of double nutrition for CLHAs, and

established linkages with NGOs as well as Government institution like ART centers, ICTCs. In

West Godavari district, the CWC initiated an RBC (Residential Bridge Course) in the home and

the RBC is run smoothly.

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In Visakhapatnam, the CWC initiated the implementation of JJ Act. This can be taken as role

model in the State.

In Nellore and Prakasam districts, the initiatives are purely self-driven, where as no initiatives have

been taken up in Guntur and Anantapur districts. The CWCs of all other districts have a

considerable number of interventions or self initiatives, except in Guntur and Anantapur.

The impact of these initiatives:

The public take in referring cases of children in need of care and protection to the CWCs.

Increased efforts of NGOs in addressing the issues of children in need and care.

b. Efforts in getting regular legal services of and expert counselors for the respective

CWC:

The CWCs of Krishna and Prakasam districts take legal advice from experts, the Bar Council

and the legal services authority whenever required.

The CWCs of Srikakulam, West Godavari, Nellore, Guntur and Anantapur mentioned of no

such initiatives. Even counselors were not appointed.

In Visakhapatnam, there are frequent visits by legal experts/counselors and NGOs to the

Homes to provide counseling services for children. Yet there is a need for two full time

counselors.

Financial resources:

a. Knowledge about annual budget to CWC across the state: The Chairperson of East Godavari

expressed that there was a total indifference in the attitude in fund allocation by the government.

Moreover, the CWSs of Chittor, Krishna, Srikakulam, West Godavari, Visakhapatnam, Guntur and

Anantapur were not aware of budgetary allocations, fund release, and provisions etc. The CWCs of

Nellore and Prakasam said that the Government of AP had not allocated any budget at all. The

members do not have any knowledge regarding the fund allocation, experience in processing, and

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receipt, and utilization of these funds or of the utilization of the JJ Funds in case of immediate/

genuine requirement.

Findings

Conceptual clarity on the CWC and JJS and orientation:

It is generally observed that majority of the members have undergone an

orientation on the CWC, JJA, and on their roles and responsibilities. However,

there seems to be neglect or little effort to improve the situation and or to find

opportunities to further enhance their knowledge to strengthen the system.

External support to enhance the capacities is found to be lacking in a majority of

the cases. The members/chairpersons have visited children‟s homes and

interacted with the officials. They have also participated in various orientation

programmes organized by the NGOs and the government departments, but the

extent to which they are practiced is a question mark. Almost all CWCs do not

have clarity over their roles and responsibilities.

Respondents‟ knowledge about vacant position/s and reasons: Over all trends

show that there are no vacancies in 4 districts. There are districts with vacancies

that have not been filled up for reasons unknown. The vacancies are filled

arbitrarily or under the instructions of the Collector instead of calling for eligible

and genuine individuals that work for children. In such cases, government

officials try to use their personal influence and use the personal contacts to bring

in members, who are not sensitive to the care and protection needs of and

systems for children. Persons with lack of experience in child rights often get

appointed as members and chairpersons of the CWCs. There is no initiative from

the district administration and the JW department to recruit committed and

capable members. As a result, the members appointed are busy with their own

professions. This ultimately resulted in poor coordination among the members.

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Lacks of support systems to handle trafficking issues, lack of financial

provisions, lack of infrastructure etc. are some of the challenges faced by the

respondents.

Lack of awareness on CWC among the government officials, hence difficulties in

coordination, constant and undue interference by political leaders while deciding

the custody of children and in placing them in welfare homes.

The inability of Children to give details creates difficulties in conducting the

social investigation. Lack of medicinal support from the health department,

police not providing escort for children referred as there is no sufficient staff,

Rehabilitation of orphans who are above 18 years old; lack of awareness in the

community on Child Rights etc.were the prominent challenges.

There is no support system either from the government side or from the NGO

side. Surprisingly, most of the CWC members are not interested in attending

trainings/workshops and in enhancing their levels of understanding of Juvenile

Justice Act, and CWC functioning, as they are busy with their professions. It is

observed that the capacity building programmes conducted have been ritualistic

and not in the best interests of the children.

It is observed that the capacity building programmes conducted have been a

routine process and not professionally designed or conducted keeping in mind the

best interests of children.

It is noted that majority of the districts studied do not have a formal approach in

terms of reporting, maintaining records, monitoring systems, review of activities

etc. There is irregularity in maintaining records in general. The resolutions/

summons of the CWCs are not either followed up or acted upon. It is noticed that

most of the districts are not even aware of the formal reporting, monitoring and

reviewing of CWCs. There is no proper response from WD&CD and Probation

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Officer to the request of the CWC for conducting enquiry and collecting

information. Response and cooperation from the DWD&CW is very limited in

most of the districts.

Networking among NGOs, government departments and others has also been

very limited, restricting the effective functioning of the CWC.

Most of the CWC members have very limited or no knowledge on the existing

provisions in the JJA 2000/ Amendment 2006. They opined that they required

additional inputs to work effectively. They also expressed the need for updating

information on the current situation. Overall, the respondents were unable to

recollect immediately but certainly they require clarity in a few points in the Act

as well as the Rules.

Most of the members do not have any knowledge regarding fund allocation,

experience in processing, receiving and utilization of these funds and also in the

utilization of the JJ Fund in case of immediate/ genuine requirement.

Professionals from the fields that are not related to children are appointed

members of the CWC, instead of appointing the representatives from NGOs who

work with children.

Suggestions of CWC Members

a. Support from DWD& CW:

The space for the CWCs of all districts- except for Krishna and Prakasam CWCs has been

provided at the Mahila Pranganams, which are about 10-15 km away from the district head

quarters. As they are far away, they are not easily accessible to people. The Krishna and Prakasam

CWCs have made their own arrangements for their meetings.

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Respondents from Nellore, West Godavari, Anantapur, Visakhapatnam and Prakasam CWCs

opined that there was a need for improved support mechanisms from the DWD&CW since it plays

a significant role for the care and protection of children. There is a need for wider awareness

through various communication media like pamphlets, wall posters, street plays, electronic and the

print media etc.

b. Roles proposed to NGOs/NGO networks

Respondents from Nellore and Prakasam suggested that the NGOs that work with children

should be involved in every possible way.

Krishna, Srikakulam, West Godavari, Visakhapatnam CWCs suggested for

Active collaboration to CWCs and NGOs

Communication to CWC on the incidences of child rights violation

Provision of rehabilitation support to children in need of care and protection

NGOs to identify children at risk and bring them to the CWCs for assistance;

Financial and rehabilitation support required

More support from NGOs, police and other departments

C. Basic infrastructure support required for CWC

The respondents suggested a wide range of requirements like adequate manpower, setting an

independent office with infrastructure, staff and vehicles, transport and communication facilities

for effective implementation, a computer for documentation etc.

Only the Anantapur CWC stated that “As per the proposed work load approximate Budget based

on estimation would be required.”

The offices of the CWCs should reflect child friendly environment, and should be easily accessible

to the people.

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d. Capacity building supports needed for CWCs

Most of the respondents from CWCs expressed the need for capacity building on children and

women related issues and formation of state level CWC to address children‟s issues in a timely

manner. Seminars, training programs, supply of literature and prompt reply from Government

departments also should be in place.

Regular meetings need to be organized at the Juvenile homes in all districts.

Training on Child Rights, Juvenile Justice Act: Rules and roles and responsibility.

Documentation of individual cases.

Regular meetings and interaction of CWC for sharing of experience.

Updates on JJA and child related issues.

NGOs/Dept of Juvenile Justice should be supported to organize workshops on child

related issues.

e. Need for developing a full-fledged orientation manual for CWC with state specific focuses.

Most of the respondents from CWCs suggested that

The development of a full-fledged orientation manual would serve as a guide to the

CWC and JJB.

This initiative has to be taken up by Juvenile Welfare Department with cooperation and

participation of NGOs.

f. Use of the existing information technology to enhance the effectiveness of CWC functioning

Most of the respondents from CWCs suggested that availability of technology is very much

essential the use of electronic media for creating public awareness on CWC and child rights; and

the use of the latest technology for bringing awareness in remote villages. Almost all the

respondents expressed that larger infusion of technology would enhance the efficiency and the

accountability of the CWCs.

Internet facility

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Website [web-based information and support]

Publication of newsletters with best practices

g. Need for a Government certified course on CWC and allied suggestions

Though not all the respondents opted for such an initiative, those who suggested this option

preferred the following:

A 3- month course on management of CWC which would focus on JJ Act and its provisions,

child rights protection and coordination between all stake holders.

The course could also be of 6 to 9 months duration along with a field level exposure and

training on management of CWC with an in-depth understanding of JJ Act and its provision,

child rights protection, child psychology and coordination between all stake holders.

There should be a postgraduate Diploma course on JJS and Child Rights.

JJS and Child Rights should be one of the subjects of the curriculum of MSW course.

JJS and Child Rights should be part of the internal training programs for the police, Judiciary,

IAS Officers etc.

g. Immediate support requirements for CWCs for their day to day functioning with clearly

pre-defined roles of government and non-government initiatives in extending such supports.

Most of the respondents from CWCs expressed that there is an immediate need for

Administrative Support

Office setup

Honorarium for CWC members

There should be a 3-day orientation on how to run CWC and JJB effectively.

Government should ensure the required support resources and financial assistance on time,

capacity building programs for CWC members, transparent periodical reviews, increasing CCCs,

Cooperation with CWC to conduct enquiries, and coordination between local Government and

NGOs. They also suggested that NGOs could also allocate within their own budgets in their own

districts for the care and protection of children.

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Other information the CWC like to share about JJS and CWC

These responses are district specific:

Officials in every district need to be sensitized on CWC and JJ Act. In spite of repeated

summons and notices to officials, there has not been any response from them since most of them

feel that CWC is a private organization. Hence, CWC needs more operational powers.

Budget for transport, communication and some other expenses to deal with the cases effectively

There is a need for working with proper coordination.

State level monitoring required

It must be ensured that good coordination exits between the CWC and the District Level Services

Authority.

ANNEEURE- 1

A Study on Status of Child Welfare Committees (CWCs) in Andhra Pradesh

Consolidated Data collected from PD of WD&CW

No. Question Answer

1. Could you share your

association/experience with

CWC in your district?

In many districts there is no

coordination between CWCs and

DWD&CW. They are not working

together.

CWCs do not inform the department of

the details of their meetings. (Many

CWCs do not have fixed time and day

for their meetings).

Some of the respondents do not know

about CWC members and their roles and

responsibilities.

Some of the respondents stated that they

have not received any written

communications/ instructions from their

higher officials to follow the instructions

of CWCs.

The PDs of Rangareddy,

Visakhapatnam, Prakasam, Krishna

districts said that they shared

information with their CWCs.

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2 How many cases have you

referred to the CWC? What are

your experiences in this regard?

The number of cases referred to CWCs

by the DW&CW is very small. Instead

of referring children to the CWC, the

department of directly shelters them in

SWADHAR and department supported

transit homes in most cases.

There is some coordination between the

CWC and the Department if children

homes run by Juvenile Department are

available in the district.

Some of the PDs pointed out that neither

the chairperson nor the members are

accessible as the latter are busy with

their own professions.

The department lacks sufficient

resources to conduct home

investigations in time as directed by

CWCs.

All districts do not have children homes.

So it will be very difficult for the

department to shelter needy children

referred by CWC.

In many cases the District collector,

Magistrates and police officials refer

children directly to

3 Is the CWC of your district

functioning according to the

under JJA 2000/Amendent

2006?

Many PDs themselves are not fully aware of JJ

Act. Some PDs have stated that they have not

been trained on this Act

4 What are your observations

about qualification criteria,

selection committee, selection

process, composition and

constitution of CWC in your

district?

DWD&CD is not involved in the

selection/recommendation process for

appointing CWC members.

They do not know the selection criteria.

Some members of CWC are

professionals like Doctors, Advocates

and Teachers & Lecturers who can‟t

spend more time for CWC.

Many members have no experience of

working with children.

They can easily coordinate and work

with NGOs and civil society

organizations.

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5 What are the strengths of CWC

being a body having people

completely with non-judicial

background?

They can deal with particular cases in

the best interest of children

They can work without inhibitions as

they belongs to different professions

They can provide foster care for needy

children with support from different

quarters

They will be accessible.

6 If you have noticed any serious

constraints in the effective

functioning of CWC due to its

above nature, could you share

them

The orders/notices of CWC are not

honored by the Government departments

and by those who exploit children, as

they opine that it is an NGO.

Without the involvement of the PDs,

how can the CWC be strong? (The

Government must appoint the PD as a

member of the CWC).

It is observed that the department does

not care for the instructions of CWCs as

they lack judicial powers.

CWCs are not involved in the review

meetings chaired by District

administration, and there are no

references to CWCs.

There are no awareness drives on CWCs

and their functioning among the public,

media and line departments.

7 How supportive is your

department in responding to the

basic infrastructure and human

resource requirements of CWC?

There are no clear guidelines in this regard.

8 How does your department

coordinate and cooperate with

the CWC in making the

objectives and the mission of

CWC known to the public?

There are no clear guidelines in this regard.

9 Could you share contribution of

NGO networks in

strengthening CWC functioning

in the district?

The CWCs in Krishana, Rangareddy and

Prakasam districts have undertaken some

initiatives in this regard

10 Could you share contribution of

NGO networks in

strengthening CWC functioning

in the district?

The department takes the help of GNOs

and their networks only to shelter

children. This is not contributing to the

strengthening of CWCs.

CACL- AP chapter, NATSAP, Mahita,

297

HRLN-AP.

11 What are your comments about

CWCs‟ current approach to

rehabilitation in your

operational districts?

Rehabilitation is some times very difficult for

the following reasons.

Absence of child homes in some

districts ( run by govt).

Lack of budgetary allocations for

rehabilitation and other support services.

Long term support for orphans and destitute

children is very difficult as there are no specific

guidelines or resources.

According to many respondents… There

should be representations from the

above departments at CWCs.

12 What basic roles that

government departments

/agencies like police,WD&CW,

Courts, Railway, Labour,

Education, etc., need to play in

ensuring effectiveness in CWC

functioning?

There should be clear instructions from

higher authorities for strictly abiding the

orders of CWCs.

The CWCs should have at least

minimum judicial powers to initiate

disciplinary actions against those

officials who don‟t comply with the

orders of CWC.

13 What other suggestions do you

have in making functioning of

CWCs effective in your

districts?

Review mechanisms should be in place

at district and State levels within

departments and also with other line

departments.

Coordination should be encouraged

between CWCs and line departments.

Coordination should be encouraged

between CWCs and district probation

officers.

Providing human resources, space and

infrastructure to the CWCs.

Providing appropriate honorarium and

applicable incentives to CWCs.

Building the capacities of CWCs

periodically.

Providing appropriate budgets for WD&

CW for awareness drives on CWCs.

Establishment of child homes under WD

& CW in all districts with sufficient

resources.

There should be an official

communication to all line departments

from the State Government to honor and

accept the orders of CWC.

298

ANNEXURE- 11

A Study on Status of Child Welfare Committees (CWCs) in Andhra Pradesh

Consolidated information from Labour Department

S.No Questions Answers

1 Designation and name of the

Department

Assistant Commissioner for Labor

Department.

2 Could you share your

association/ experience with

CWC in your district

Almost all stated that they don‟t have any

association with CWCs.

3 How many cases have been

referred to your department by

the CWC during the past one

year? How many of them have

been solved?

No cases have been referred by the CWC .

4 How many cases have you

referred to the CWC? What are

your experiences in this in this

regard?

Not applicable

5 Is the CWC of your district

functioning according to the

under JJA 2000/ Amendment

2006?

Not applicable

6 What are your observations

about qualification criteria,

selection committee, selection

process, composition and

constitution of CWC in your

district?

Most of the respondents have no idea about

this question

7 What are the strengths of CWC

being a body having people

completely with non-judicial

background?

Most of the respondents have no idea about

this question.

8 If you have noticed any serious

constraints in the effective

functioning of CWC due to its

above nature, could you share

them?

Not aware

9 Could you share your

observations/ Comments/

suggestions on the efficiency of

CWC members in discharging

their duties with regard to child

related legislations, child related

Not aware

299

issues, procedural knowledge

and understanding functions of

CWC?

10 What linkages does your

department have with the CWC?

No linkages

11 How supportive is your

department in responding to the

basic infrastructure and human

resource requirements of CWC?

Not applicable

12 How does your department

coordinate and cooperate with

the CWC in making the

objectives and the mission of

CWC known to the public?

Many respondents say that they have no proper

guidelines.

13 What are your comments about

CWCs‟ current approach to

rehabilitation in your operational

district?

Not aware.

14 What according to you are the

minimum indicators need to be

observed in deciding whether a

particular CWC is functioning

effectively or not?

Not aware

15 What basic roles that

government

departments/agencies like

police, WD&CW, Courts,

Railway, Labour, Education,

etc., need to play in ensuring

effectiveness in CWC

functioning?

We need specific instructions from their state

level officials and we need trainings on this

Act and CWCs roles and responsibilities.

16 What other suggestions do you

have in making functioning of

CWCs effective in your district?

No idea

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6.2 Conclusion

The study emphasizes the fact that there is a need to meet the minimum standards

laid down by the Juvenile Justice (Care and Protection of Children) Act, 2000. It is imperative that

the government and the NGOs work together for the effective functioning of the CWCs. The

current Rules do not define the scope of Government-NGO linkages. The minimum collaboration

that should be present between both parties should be defined to allow for a definite collaboration

between the two. The ambit of such a parternership could be explored. There should be posts

sanctioned for officials/counselors at the Homes who work with NGOs. There should be

collaborative efforts with NGOs for training programs at regular intervals for CWCs.