Children in Need of Care & Protection

WHO IS A CHILD IN NEED OF CARE & PROTECTION?

A child or an individual who has not completed 18 years of age and is:

Found without a home or means for survival
Victim of child labour
A victim of neglect, physical, mental, emotional or sexual abuse.
One who resides with a person who is injured, exploited, abused of has violated any law meant for the protection of the child or can be proved to be a threat to the child.
A child suffering from a disease or illness or with a mental or physical disability with either no or incapable or unfit caregivers
An orphaned child, either abandoned or surrendered.
A missing or runaway child whose parents cannot be found after making reasonable enquiry.
A vulnerable child likely to be abused, exploited or tortured victim or likely to be affected by armed conflict, civil unrest or natural calamity.
A victim or potential victim of child marriage.

HOW CAN I HELP A SUCH A CHILD?

A child in need of care and protection or, a child in distress, a victim of a child rights violation or a vulnerable child may be helped by any 'public spirited citizen'. A citizen must follow the following procedure to provide help to children:

If you are a parent or guardian of the child in distress you must:

Contact the Child Welfare Officer at the closest police station in case of an offence against the child like physical, emotional or sexual abuse.
If the child needs urgent medical attention, the priority is the best interest of the child thus ensure the child is attended to first and then the police can be informed.
In case of violations with respect to the Right to Education, Disability Rights, Discrimination or any offences not mentioned in the list above, parents may contact the State Commission for Protection of Child Rights for more information.

1.

If you are citizen and have identified a child in need of care and protection you may:

Once we have identified a child in need of care and protection, a citizen may help in the following ways:

Speak to the child politely or in an appropriate manner and with minimum physical contact in order to locate parents, guardians or caregivers and understand the reason for distress.

If one is not able to establish contact with the guardians or repatriating the child with his guardians may pose a threat to the child, the citizen may Act in one of the following ways within 24 hours of having established contact with the child

Contact Childline on 1098 for hotline assistance
Contact the Child Welfare Police Officer at the local police stations. The Juvenile Justice (Care and Protection) of Children Act, 2016 asserts that every police station must deploy and train a Child Welfare Police Officer to exclusively deal with children either as victims or perpetrators, in coordination with the police, voluntary and non-governmental organizations. In the absence of such an officer, the citizen may contact the District Special Juvenile Police Unit.
The concerned citizen may also present the child directly before the Child Welfare Committee.
Take the Child to a government recognised child care institution

Once the child is in custody of any of the above authorities, the child must be presented before the Child Welfare Committee of the district within 24 Hours of assuming custody of the child. Once the Committee has registered the case and initiated the inquiry, the citizen can be assured that the child is in State custody and is now the responsibility of the State.

If you would like to report an offence against a child or a group of children without intervening yourself, you may report such information to the same state approved authorities who will ensure an inquiry is conducted and appropriate action is taken against the perpetrators and the child/children has/have been rescued and rehabilitated. As an act of public vigilance, you do not require consent of the victim's guardians.

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What is a the Child Welfare Committee (CWC)?
Under the Juvenile Justice (Care & PRotection) of children Act 2016, every district must constitute at least one Child Welfare Committee ti dispose cases for the care, protection, treatment, developmental rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection. The committee in the district has the power to deal exclusively with all proceedings relating to children in need of care and protection. This includes:

Taking cognizance and of receiving the children produced before it
Conducting an inquiry on all issues relating to and affecting the safety and wellbeing of children
Directing the Child Welfare Officer, probation officer, District Child Protection Unit or NGOs to conduct social investigations and submit reports
Identifying and declaring persons fit for the custody of children
Assuring care, protection, rehabilitation and restoration of children in need of care and protection.
Monitoring the functioning of Shelter Homes, Children's Homes and other Residential Institutions for Children.

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5.

As the State Agency responsible for children in need of care and protection, once the CWC registers the case and initiates an inquiry, the concerned citizen may chose to withdraw involvement in the case. If a citizen decided to pursue assign the child further, he/she will have to liason with the CWC. The CWC is mandated to complete an enquiry within 15 days of taking custody of the child post which an order keeping in mind the best interest of the child will be passed by the CWC.

Any individual aggrieved by the order passed by the CWC may within 30 days from the date of such order, appeal to the Children's Court/Court of Sessions for reconsideration. The resolution passed by the Children's court too can be challenged in the High Court in accordance with the procedure specified in the Code of Criminal Procedure 1973 (2 of 1974).

ACTION BEGINS WITH AWARENESS

The image below illustrated the process of State intervention for Children in need of Care and Protection.

WHAT ARE MY RESPONSIBILITIES WHILE HELPING A CHILD IN NEED OF CARE & PROTECTION?

A child in need of care and protection is a victim of a child rights violation and needs to be treated with care and compassion. In addition, the Indian Legal/Judicial System favours the best interest of the child and his/her rights over the intent of an adult who may be offering help. Therefore it is important that a citizen follow a code of conduct that will not make him/her party to the child rights violation.

Maintain least physical contact with the child. If the child needs to be pacified or physically assisted, it would be good to involve a couple other people from the scene to be present as witnesses while you are attending to the child.
Repatriating the child with his/her parents are guardian has to be priority. Only parents/guardians have the right to take decisions on behalf of the child.
In case of an emergency where the child requires immediate intervention, on humanitarian ground the child must be assisted keeping in mind the best interest of the child. Demand assistance from fellow citizens, seek professional help like from doctors or lawyers via phone or in person, call the Child Hotline on 1098 or the Police hotline at the earliest.
You cannot have custody of a child for more than 24 hours. The case of the CNCP must be reported to police or CWC within 24 hours.
All children are equal and it would be an offence to discriminate between children while offering help.
Stay vigilant, keep a record of individuals who have assisted you in the process.
If information regarding a child is not registered with the State authorities within 24 hours, any person who has custody of the child and is not a guardian, is liable to imprisonment for upto 6 months or a fine of Ten Thousand Rupees or both.

WHERE CAN I FIND DETAILS OF STATE AUTHORITIES TO REPORT A CNCP?

ACTION STARTS WITH AWARENESS

The following diagram illustrates the state child protection machinery. Since child rights are closely interlinked, more than one party may assume responsibility for a child in need of care and protection.

The most convenient first point of contact for a vigilent citizen is the Child Welfare Officer (CWO) who by law is mandated to be present at all police stations. This officer receives a special training in child rights, equipped to engage with children in need of care and protect and must maintain a network of professionals who may provide relief to the aggrieved child. Reach the CWO at the police station having jurisdiction over the place where you met the child. Dialling the police hotline on 100 may help.

Please check the Resource Centre below for contact details for Child Welfare Committees across the country.

THE RESOURCE CENTRE

Pan-India

The Juvenile Justice (Care and Protection of Children) Act, 2016
Bharatiya Naya Sanhita, 2023 (New Criminal Code of the Republic of India)
The Ministry of Women and Child Welfare
PM Cares for Children (Check Resource Directory for CWC and District Juvenile Police Unit contacts)
Pan-India List of District Child Protection Units

WHO IS A CHILD IN NEED OF CARE & PROTECTION?

A child or an individual who has not completed 18 years of age and is:

Found without a home or means for survival

Victim of child labour

A victim of neglect, physical, mental, emotional or sexual abuse.

One who resides with a person who is injured, exploited, abused of has violated any law meant for the protection of the child or can be proved to be a threat to the child.

A child suffering from a disease or illness or with a mental or physical disability with either no or incapable or unfit caregivers

An orphaned child, either abandoned or surrendered.

A missing or runaway child whose parents cannot be found after making reasonable enquiry.

A vulnerable child likely to be abused, exploited or tortured victim or likely to be affected by armed conflict, civil unrest or natural calamity.

A victim or potential victim of child marriage.

HOW CAN I HELP A SUCH A CHILD?

A child in need of care and protection or, a child in distress, a victim of a child rights violation or a vulnerable child may be helped by any 'public spirited citizen'. A citizen must follow the following procedure to provide help to children:

If you are a parent or guardian of the child in distress you must:

Contact the Child Welfare Officer at the closest police station in case of an offence against the child like physical, emotional or sexual abuse.

If the child needs urgent medical attention, the priority is the best interest of the child thus ensure the child is attended to first and then the police can be informed.

In case of violations with respect to the Right to Education, Disability Rights, Discrimination or any offences not mentioned in the list above, parents may contact the State Commission for Protection of Child Rights for more information.

1.

If you are citizen and have identified a child in need of care and protection you may:

Once we have identified a child in need of care and protection, a citizen may help in the following ways:

Speak to the child politely or in an appropriate manner and with minimum physical contact in order to locate parents, guardians or caregivers and understand the reason for distress. ​

​

If one is not able to establish contact with the guardians or repatriating the child with his guardians may pose a threat to the child, the citizen may Act in one of the following ways within 24 hours of having established contact with the child

Contact Childline on 1098 for hotline assistance

The concerned citizen may also present the child directly before the Child Welfare Committee.

Take the Child to a government recognised child care institution

​​

2.

3.

Taking cognizance and of receiving the children produced before it

Conducting an inquiry on all issues relating to and affecting the safety and wellbeing of children

Directing the Child Welfare Officer, probation officer, District Child Protection Unit or NGOs to conduct social investigations and submit reports

Identifying and declaring persons fit for the custody of children

Assuring care, protection, rehabilitation and restoration of children in need of care and protection.

Monitoring the functioning of Shelter Homes, Children's Homes and other Residential Institutions for Children.

4.

5.

WHAT ARE MY RESPONSIBILITIES WHILE HELPING A CHILD IN NEED OF CARE & PROTECTION?

WHERE CAN I FIND DETAILS OF STATE AUTHORITIES TO REPORT A CNCP?

THE RESOURCE CENTRE

Speak to the child politely or in an appropriate manner and with minimum physical contact in order to locate parents, guardians or caregivers and understand the reason for distress.