The Child Welfare Committee

Sub-section (3). The District Child Protection Unit shall provide a Secretary and other staff required for secretarial support.

Sub-section (4), qualification, as substituted in 2021. No person shall be appointed a member unless he has a degree in child psychology, or psychiatry, or law, or social work, or sociology, or human health, or education, or human development, or special education for differently abled children, and has been actively involved in health, education or welfare activities pertaining to children for seven years; or is a practising professional with such a degree.

Sub-section (4A), disqualifications, inserted in 2021. No person is eligible if he:

(i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, not reversed and without full pardon; (iii) has been removed or dismissed from the service of the Government of India or a State Government, or of an undertaking or corporation owned or controlled by either; (iv) has ever indulged in child abuse, employment of child labour, an immoral act, or any other violation of human rights; (v) is part of the management of a child care institution in a District.

Clause (v) has no counterpart in the Board's disqualifications and its reason is obvious: the Committee inspects child care institutions and decides which child goes to which, so somebody managing one cannot sit on it.

Sub-section (5). Other prescribed qualifications must also be possessed.

Sub-section (6). No person shall be appointed for a period of more than three years as a member.

Sub-section (7), termination. The appointment of any member shall be terminated by the State Government after making an inquiry if he:

(i) has been found guilty of misuse of power vested under the Act; (ii) has been convicted of an offence involving moral turpitude, not reversed and without full pardon; (iii) fails to attend the proceedings consecutively for three months without valid reason, or fails to attend a minimum of three-fourths of the sittings in a year.

Sub-section (8), as substituted in 2021. The Committee shall submit a report to the District Magistrate in the prescribed form, and the District Magistrate shall conduct a quarterly review of the functioning of the Committee.

Sub-section (9), the powers. 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 a Judicial Magistrate of the First Class.

Sub-section (10), as substituted in 2021. The District Magistrate shall be the grievance redressal authority to entertain any grievance arising out of the functioning of the Committee; and the affected child, or anyone connected with the child, may file a complaint before the District Magistrate, who shall take cognizance of the action of the Committee and, after giving the parties an opportunity of being heard, pass appropriate orders.

Note the difference from the Board on termination. Every member of a Committee may be removed under section 27(7); on a Board, section 4(7) excepts the Principal Magistrate, who is a judicial officer removable only as such.

Section 28: procedure

Sub-section (1). The Committee shall meet at least twenty days in a month and shall observe the prescribed rules and procedures for the transaction of business.

Sub-section (2). A visit to an existing child care institution by the Committee, to check its functioning and the well-being of children, shall be considered as a sitting of the Committee.

Sub-section (3). A child in need of care and protection may be produced before an individual member for being placed in a Children's Home or with a fit person when the Committee is not in session.

Sub-section (4), difference of opinion. The opinion of the majority shall prevail; where there is no such majority, the opinion of the Chairperson shall prevail.

Sub-section (5), quorum. Subject to sub-section (1), the Committee may act notwithstanding the absence of any member, and no order shall be invalid by reason only of the absence of any member during any stage of the proceeding. Proviso: there shall be at least three members present at the time of final disposal of the case.

Section 29: powers

Sub-section (1). The Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection.

Sub-section (2), exclusivity. Where a Committee has been constituted for any area, it shall, notwithstanding anything in any other law 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 30: functions and responsibilities

The functions and responsibilities include:

(i) taking cognizance of and receiving the children produced before it; (ii) conducting inquiry on all issues relating to and affecting the safety and well-being of the children under the Act; (iii) directing the Child Welfare Officers, probation officers, the District Child Protection Unit or non-governmental organisations to conduct social investigation and submit a report; (iv) conducting inquiry for declaring fit persons for the care of children in need of care and protection; (v) directing placement of a child in foster care; (vi) ensuring care, protection, appropriate rehabilitation or restoration based on the child's individual care plan, and passing necessary directions to parents, guardians, fit persons, children's homes or a fit facility; (vii) selecting a registered institution for the placement of each child requiring institutional support, based on the child's age, gender, disability and needs, and keeping in mind the available capacity of the institution; (viii) conducting at least two inspection visits per month of residential facilities for children in need of care and protection, and recommending improvements to the District Child Protection Unit and the State Government; (ix) certifying the execution of the surrender deed by the parents, and ensuring that they are given time to reconsider their decision, as well as making all efforts to keep the family together; (x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process; (xi) declaration of an orphan, abandoned and surrendered child as legally free for adoption after due inquiry; (xii) taking suo motu cognizance of cases and reaching out to children in need of care and protection who are not produced before it, provided that such a decision is taken by at least three members; (xiii) taking action for rehabilitation of sexually abused children reported to it as children in need of care and protection by the Special Juvenile Police Unit or the local police under the Protection of Children from Sexual Offences Act, 2012; (xiv) dealing with cases referred by the Board under section 17(2); (xv) co-ordinating with the police, labour department and other agencies with the support of the District Child Protection Unit or the State Government; (xvi) on a complaint of abuse of a child in any child care institution, conducting an inquiry and giving directions to the police, the District Child Protection Unit, the labour department or childline services; (xvii) accessing appropriate legal services for children; (xviii) such other prescribed functions.

Three of these are worth singling out for an answer. Clause (ix), on the surrender deed, obliges the Committee to give the parents time to reconsider and to make all efforts to keep the family together, which is the principle of family responsibility at work. Clause (xii) lets the Committee go and find a child nobody has brought to it, and requires three members for that decision. And clause (xiii) is the joint through which POCSO connects to this Act.

A worked example

A girl of ten is found working in a roadside eating house.

Which authority? The Committee. She is a child in need of care and protection under section 2(14)(ii), and by section 29(2) the Committee deals exclusively with such proceedings.

The Committee is not sitting that day. She may be produced before an individual member for being placed in a Children's Home or with a fit person, section 28(3).

Who inquires into her circumstances? The Committee may direct a Child Welfare Officer, a probation officer, the District Child Protection Unit or a non-governmental organisation to conduct a social investigation and report, section 30(iii).

Her parents are traced and want her back. The Committee's duty is to make all efforts for restoration to the family, section 30(x), consistent with the principles of family responsibility and restoration.

They are unwilling and offer to surrender her. The Committee certifies the execution of the surrender deed, but must give them time to reconsider and make all efforts to keep the family together, section 30(ix).

They do not change their mind. After due inquiry the Committee may declare her legally free for adoption, section 30(xi), which is the section 38 declaration.

Meanwhile she must live somewhere. The Committee selects a registered institution based on her age, gender, disability and needs, keeping in mind the available capacity, section 30(vii); or it may direct placement in foster care, clause (v).

A complaint arrives that children are being ill-treated in that institution. The Committee conducts an inquiry and gives directions to the police, the District Child Protection Unit, the labour department or childline services, section 30(xvi); and it inspects residential facilities at least twice a month in any event, clause (viii), each visit counting as a sitting, section 28(2).

The Committee hears of another child but nobody has produced him. It may take suo motu cognizance and reach out to him, but that decision needs at least three members, section 30(xii).

At the final disposal of the girl's case two members are absent. The Committee may act despite an absence, but at least three members must be present at the final disposal, proviso to section 28(5). The three present disagree; the majority prevails, and failing a majority the Chairperson, sub-section (4).

Her guardian is unhappy with the order. He may complain to the District Magistrate, who is the grievance redressal authority, and who takes cognizance and passes appropriate orders after hearing the parties, section 27(10).

Distinctions

What this does NOT mean

The Committee is not a court, but it is not powerless either. Section 27(9) gives it the powers of a Metropolitan Magistrate or Judicial Magistrate of the First Class.

It does not wait to be approached. Section 30(xii) allows it to take suo motu cognizance and reach out to children not produced before it, on a decision of three members.

Its exclusivity is not a monopoly on the child. Cases come to it from the Board under sections 8(3)(g) and 17(2), and from the police under POCSO under section 30(xiii).

A surrender is not accepted on the spot. The Committee must give the parents time to reconsider and make all efforts to keep the family together.

And a member cannot serve indefinitely. Section 27(6) caps an appointment at three years.

Quick revision

• 27: a Committee in every district by notification, with induction training within two months; a Chairperson and four members, one a woman and one an expert on children; qualification is a listed degree plus seven years with children, or a practising professional with such a degree; five disqualifications, including being part of the management of a child care institution; not more than three years; termination for misuse of power, a moral turpitude conviction, or three months' consecutive absence or missing three-fourths of the sittings; report to and quarterly review by the District Magistrate; functions as a Bench with a Magistrate's powers; the District Magistrate is the grievance redressal authority.
• 28: at least twenty days a month; an institution visit counts as a sitting; production before an individual member when not in session; majority, failing which the Chairperson; may act despite an absence, but three members at final disposal.
• 29: authority to dispose of cases for care, protection, treatment, development and rehabilitation and to provide for basic needs and protection; exclusive jurisdiction over proceedings relating to children in need of care and protection.
• 30: eighteen functions, including receiving children, inquiry, social investigation, declaring fit persons, foster care, individual care plans, selecting institutions, two inspections a month, certifying surrender deeds with time to reconsider, restoration to families, declaring a child legally free for adoption, suo motu cognizance by three members, POCSO rehabilitation, cases referred by the Board under s.17(2), co-ordination, inquiry into institutional abuse, and legal services.

Test yourself

1. What is the composition of a Child Welfare Committee? A Chairperson and four other members appointed by the State Government, of whom at least one shall be a woman and another an expert on matters concerning children, section 27(2).

2. What powers does it have? It functions as a Bench and has the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or a Judicial Magistrate of the First Class, section 27(9).

3. How often must it meet? At least twenty days in a month; and a visit to an existing child care institution to check its functioning and the well-being of children is considered a sitting, section 28(1) and (2).

4. How many members must be present at the final disposal of a case? At least three, proviso to section 28(5); and where the members differ, the majority prevails, failing which the opinion of the Chairperson.

5. Can the Committee act on its own motion? Yes. Section 30(xii) allows it to take suo motu cognizance of cases and reach out to children in need of care and protection who are not produced before it, provided the decision is taken by at least three members.

6. What must the Committee do when parents wish to surrender a child? Certify the execution of the surrender deed, ensure that the parents are given time to reconsider their decision, and make all efforts to keep the family together, section 30(ix).

7. Who hears a grievance against the Committee? The District Magistrate, who is the grievance redressal authority under section 27(10); the affected child or anyone connected with the child may complain, and he takes cognizance and passes appropriate orders after hearing the parties.