The Ministry of Women and Child Development conducted a national mapping exercise of Child Care Institutions (CCIs) in 2016, in order to ascertain whether CCIs being run by State Governments/UT Administrations under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), are in line with the standards mandated by the JJ Act and Model Rules framed thereunder and to institute corrective measures where required. The analysis showed that many CCIs use forms of disciplining children which fall under the ambit of corporal punishment as defined by the JJ Act.
The Ministry shared the information with States/UTs drawing their attention towards the findings vide letter dated 4th May, 2017. The Ministry stressed upon the need for mandatory monitoring as prescribed under the Juvenile Justice (Child and Protection of Children) Act, 2015 which mandates regular monitoring by Child Welfare Committees, Juvenile Justice Boards and State Governments. The primary responsibility in execution of the JJ Act lies with the State/UT Governments.
The Chief Secretaries of all the States/UTs were requested to get the inspection conducted under the supervision of District Magistrates. The Ministry also issued an advisory to the States and UTs regarding actions required to be taken in case of abuse of children in any Child Care Institutions. Further, the Protection of Children from Sexual Offences Act, 2012 provides for stringent punishment for persons who, being on the management or staff of a Home, commit sexual abuse on any child living in that home.
Besides the Government has also legislated The Commissions for Protection of Child Rights Act, 2005 (CPCR), under which National Commission for Protection of Child Rights (NCPCR) and State Commission for Protection of Child Rights (SCPCRs) have been created as Statutory bodies for protection of child rights. The Commissions have also been mandated to monitor the implementation of the provisions of the JJ Act as per Section 109 of the JJ Act, 2015.
This information was given by the Minister of Women and Child Development, Smriti Zubin Irani, in a written reply in the Rajya Sabha today.