There can be no keener revelation of a society’s soul than the way in which it treats children, said Nelson Mandela during the launch of the Nelson Mandela’s Children’s fund.[1] There are two sides to this statement. One is how the society in general treats the children, and what rights does it give them. The second side is how society’s most powerful agent- the state- treats children. The Latin maxim parens patrie is of significance in this context. It refers to the power of state to the intervene against an abusive or negligent parent. For children who have been abandoned or who saw the death of their parents, it is the state that becomes the natural protector.

Out of the approximate 147 million orphans in the world, 30 million orphans are there in India.[2] UNICEF states that there are three distinct kinds of orphans- paternal orphans i.e., those who lost their father; maternal orphans i.e., those who lost their mother; double orphans i.e., those who lost both their parents. The passing of a parent(s) brings significant changes to a child’s life, including potential changes in living arrangements, influenced by factors such as cultural customs, decisions made by guardians or caregivers, and existing plans for raising the child after the death of a parent(s).[3] Education plays a crucial role in shaping both personal growth and the advancement of a nation. It is the primary tool in instilling cultural values in children and is the most powerful force in moulding them into responsible, intelligent, and capable citizens. The loss of a parent can negatively impact a child’s educational enrolment and this can particularly impede the transition from primary to secondary education, as spending on education is significantly reduced.[4] In this context, this article presents an overview of what framework guides the orphan protection regime in the country.

Legislative Framework

The Juvenile Justice (Care and Protection Of Children) Act, 2015 (JJ Act) is the prime legislation dealing with children and another legislation that is part of the regime is the Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960(Orphanages Act).

The JJ Act

The JJ act mandates that whoever is handed over a child who appears or claims to be abandoned or lost, or a child who appears or claims to be an orphan without family support shall within twenty-four hours (excluding the time necessary for the journey), give information to the Childline Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection Unit, or hand over the child to a child care institution registered under this Act. Not reporting such fact is an offence. (Section 32)

Under JJ Act, “orphan” means a child—

(i) who is without biological or adoptive parents or legal guardian; or

(ii) whose legal guardian is not willing to take, or capable of taking care of the child;

To counter the abandonment of children, which is prevalent in the country, the JJ Act stated that those parents, who for physical, emotional and social factors beyond their control, wish to surrender a child, shall produce the child before the Child Welfare Committee and the Committee will decide as to whether child should be with parents or with a legal guardian or be sent to a specialised adoption agency or to a children’s home if the child is below 6 years of age. (Section 35)

The act also forms a Child Welfare Committee for each committee which will look after the welfare aspects and the Juvenile Justice Board for looking into the aspects of those children who are in conflict with the law. (Section 27)

While the JJ Act is designed to provide a legal framework for protecting the rights of children, it is not sufficient to solve all the problems faced by orphans in India.

Orphans in India face a wide range of challenges, including poverty, lack of access to education and healthcare, and discrimination. The JJ Act does not address all of these issues and does not provide a comprehensive solution for addressing the needs of orphans. Additionally, the implementation of the JJ Act is often inadequate, and there are reports of abuse and neglect in institutions for children. Furthermore, the JJ Act focuses mainly on children in conflict with the law, and not on children in need of care and protection, which are the majority of the orphan population.

Orphanages Act

The Orphanages act empowers the state governments to monitor orphan homes and child care institutions. For this purpose, the state government can form a board and that board will be the authority to frame rules and regulations for the orphanages and child care centres to follow. The boards also have the power to issue certificates without which the centre is not supposed to run. (Section 5, 15).

Additionally, the Constitution, in the form of Directive Principles, directs that state shall secure, with its policy, that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.[5]

The Bill that never saw light- THE ORPHAN CHILD (PROVISION OF SOCIALSECURITY)BILL, 2016

The Orphan Child Bill, 2016 was a private member bill in the Lok Sabha, and had progressive provisions such a 3% reservation for Orphan Children within educational institutions and in posts and services under the Central Government.[6] The bill was however very loosely worded without any particular framework. For example, it stated that the central government shall have initial Orphan welfare fund with corpus of Rs. 2000 Crore rupees and more money from the ratio as decided by the states and the centre mutually be added to the fund. This was merely directory and in that too, there were no directions as to how to arrive at the ratio of contributions of state and the centre, to the fund.[7]

One important aspect of this bill is that one of the provisions mandated the conducting of a census every decade, of orphan children followed by the formulation and adoption of a National Policy for welfare of Orphan Children based on the findings of the census.[8]

Covid-19 and Specific effects on Orphan Children

Supreme Court, in its suo moto matter dealing with the social and economic impacts pf the Covid-19 pandemic within child protection homes, asked the government to “help” the children affected during the pandemic.[9] The union government has launched a website called Bal Swaraj under the aegis of National Commission for Protection of Child Rights (NCPCR) to record the orphan children and provide them care. The Bal Swaraj portal does not show the statistics of ‘Covid Care and Children’ while it shows the statistics of ‘Child in Street Situations’. However, a Ministry of Women and Child Development’s press release, which countered the Lancet Journal’s finding that there are 19 lakh children who were orphaned due to Covid-19, presented the Covid affected Children members, i.e., the statistics of those who lost their parents. The ministry data was released on March 2, 2022 and by then 1, 42, 949 children admittedly lost one parent and 10386 children lost both their parents, according to this data. The government launched the started a PM CARES- Children scheme provides support to these children through a ‘convergent approach’, gap funding for ensuring education, health, monthly stipend from the age of 18 years, and a lump sum amount of Rs. 10 lakhs on attaining 23 years of age.  While the numbers contained in the union government press release reflect in the numbers that are registered on the portal Bal Swaraj, NCPCR figures on a sworn affidavit to the Supreme Court (June 2021) underestimates the total and states that only 30,071 children are orphaned. The exact data of how many children may have been orphaned is not just vague and certain, but the situation is exacerbated due to any lack of a framework to effectively maintain a database of those children who need protection.[10]

Being an orphan can lead to multiple forms of discrimination, as they may not have the same access to resources and opportunities as those who come from a traditional family structure. They may also face emotional and psychological trauma due to the loss of their parents. Furthermore, if the orphan is also from a marginalised group such as a depressed caste group or other minority groups, they may experience discrimination on that basis as well. This can create a compound effect, as they may not only face discrimination for being an orphan, but also for their caste, or identity status. This can make it even more difficult for them to access education, employment, and other resources necessary for success.

The COVID-19 pandemic has had a significant impact on orphans, as it has disrupted their access to education, healthcare, and other essential services. Many orphans live in institutions or group homes, which have been forced to close or limit access as a result of the pandemic, cutting off their access to the support systems they rely on. Additionally, the economic downturn caused by the pandemic has led to increased poverty and food insecurity for many families, further exacerbating the challenges faced by orphans.

The pandemic has also made it difficult for international adoption and foster care processes to take place. This can prolong the time an orphan has to spend in an institution. Furthermore, the pandemic has limited the ability of social workers, volunteers and other helping professionals to check on them, increasing the risk of abuse and neglect.

Conclusion

While the situation created by the Covid-19 pandemic may be a special or rare situation, the lack of specific protections for orphans under the JJ Act necessitates a separate framework for orphans in general. Such a comprehensive legislation would ensure that the government and other organisations take responsibility for the welfare of orphans and other vulnerable children and provide them with the necessary resources and support to help them succeed in life. It would also ensure that the rights of these children are protected, and that they are not subjected to abuse, neglect, or exploitation.

The post Contested impact on India’s orphans leave young abandoned: Covid-19 pandemic appeared first on SabrangIndia.

On May 28, the Supreme Court had directed all district authorities to upload information of children who have been orphaned after March 2020 on the national portal of National Commission for Protection of Child Rights called Bal Swaraj on or before May 29.

In pursuance of this, the National Commission for Protection of Child Rights (NCPCR) informed the Supreme Court that 9,346 children in total are in need of immediate care. Out of this, 4,486 are girls and 4,480 are boys. According to NCPCR’s affidavit uploaded by LiveLaw, 1,742 children have been orphaned, 140 abandoned and 7,464 have lost one parent during the coronavirus pandemic.

A further breakdown provided in the NCPCR affidavit states that 788 children who need immediate protection belong to the age group of 0 to 3 years. 1,515 children belong to the 4 to 7 years age bracket and there are about 3,711 children in the age group of 8 to 13 years.  

Uttar Pradesh has topped the list with 2,110 children in need of care, 10 who have been abandoned, 1,830 who lost a parent and 270 who have become orphans. In response to this, Chief Minister Yogi Adityanath has launched a welfare scheme for children who have either lost both of their parents to Covid or the earning parent, as reported in the media. Under this scheme called the Uttar Pradesh Mukhyamantri Bal Seva Yojana, the government will provide financial assistance to a child’s guardian while those who do not have anyone to look after them will be sent to children’s homes.

The Chief Minister was quoted saying by The Economic Times, “Children who have lost both of their parents to COVID-19, a surviving parent, legal guardian in case the parents have already died earlier, will be included in this scheme. Children, who have lost the earning parent of their family will also be included in the scheme. The state government is committed to better health, better education and for the bright future of the children.”

During the court hearing on June 1, NCPCR’s lawyer submitted that the District authorities have not been able to provide the complete information relating to the children who have been affected by the loss of either of the parents or one parent during the pandemic. The time given to the District authorities to upload the information before May 29 has been extended till June 5. NCPCR has also been directed to collate the information and file an affidavit by June 6 evening.

The Supreme Court Bench also noted the Amicus Curiae Gaurav Agarwal’s submission that through the “PM Cares for Children” scheme which was announced by the Prime Minister on May 29 this year, children who have lost both parents or surviving parent or legal guardian/ adopted parents during Covid-19 shall be the beneficiaries of aid from the Central Government.

Since the particulars of the scheme is not available, he submitted that the Central Government should be directed to furnish all necessary details about the scheme announced by the Prime Minister.

Further, the Union government has been directed to furnish information relating to the mechanism that would be adopted for distribution of the benefits. The State governments/ Union Territories have been instructed to appoint a Nodal Officer at the level of Secretaries, Joint Secretaries of the concerned District who would interact with him and provide all the necessary information relating to identification of orphans/CNCP’s (Children in Need of Care and Protection) to alleviate their pain and sufferings.

The States of Telangana, Tamil Nadu, Kerala, Karnataka, Gujarat, Rajasthan, Uttar Pradesh, Maharashtra, Bihar and Jharkhand have been asked to start with this exercise and complete it before June 7.

The matter has been posted for hearing on June 7.

The order may be read here: 

Related:

Upload information about children orphaned due to Covid: SC to Districts
GoI claims 577 Covid-orphans, but numbers may far exceed official data: Outreach workers
NHRC issues new advisories for bonded and migrant labourers amid Covid-19

The post 9,346 children abandoned, orphaned, lost a parent to Covid-19: NCPCR informs SC appeared first on SabrangIndia.

A Supreme Court Bench of Justices Nageswara Rao and Aniruddha Bose has directed the district authorities under the Juvenile Justice Act to immediately upload information of children who have been orphaned after March 2020 owing to the Covid-19 pandemic, and immediately take charge of such children without waiting for any further orders.

While hearing the suo moto case In Re: Contagion of Covid in Children Protection Home, the court took note of an application filed by the Amicus Curiae Gaurav Agrawal seeking directions with respect to children who have been adversely impacted due to the pandemic by losing either one or both parents, reported LiveLaw. He also highlighted increased incidents of child trafficking especially of girl children.

The Division Bench directed the Additional Solicitor General, Aishwarya Bhati, for Union of India and counsels for states to procure the latest information on identification of children who have been orphaned, and the steps taken to attend to their basic needs by May 30. It has also ordered that it does not need States to file affidavits at this stage. Amicus Gaurav has been directed to prepare a note after receiving information from all State counsels, and circulate it by Monday (May 31) evening.

As per a LiveLaw report, the Bench also noted, “ASG Bhati and Counsel for NCPCR (National Commission for Protection of Child Rights) have submitted that all concerned district authorities may be directed to upload information mentioned above immediately or latest by tomorrow evening for purpose of gathering statistics of children orphaned in pandemic.” A portal named ‘Bal Swaraj’ is operational at all concerned district authorities who have been given access to it with instructions to upload necessary information.

The Bench also told the Centre, “Give us the figures of children who’ve lost parents, both as well as one. Please find out the number and what it is that states have done under the act (Juvenile Justice Act) and if they’ve been attended to immediately. If they haven’t, please instruct officials to start identifying these children.”

Submissions before the SC

Gaurav Agarwal submitted that NCPCR has already taken cognisance of this issue in April as there were some news reports that orphans were being adopted illegally. This led them to come up with a standard operating procedure (SOP) for state authorities to initiate any adoption process.

He added that NCPCR has also set up an online portal whereby the state authorities have to feed in data regarding children and the various steps taken by them for rehabilitation. LiveLaw reported that since NCPCR is a commission which is a guidance/recommendatory body, these SOPs should be implemented by state authorities, which is why the application was moved.

ASG Bhati, apprised the court about the steps taken by the Union like issuing advisories specifically for orphans, single parents, abandoned or seemingly abandoned children. Under the Juvenile Justice (Care and Protection of Children) Act, 2000, a Child Welfare Committee is set up in each district to look over cases of protection, rehabilitation, etc.

Further, she also told the court that the Centre has issued directions that One Child Care Institute in each district has to be earmarked for such children in need. LiveLaw quoted her saying, “We have also declared children protection staff as frontline workers for the purpose of vaccination which has enabled roughly 50 percent of child care protection staff to be vaccinated.” There are telemedicine services made available with the help of some doctors for both physical and mental health care for both children care homes and the staff.

Union Minister of Women and Child Development Smriti Irani had recently tweeted about committing efforts to support 577 children who lost their parents to Covid-19 between April 1 and May 25, 2021. But a non-government organisation Save The Children told SabrangIndia that considering the number of Covid-death underreporting and rising number of children losing one parent, the situation may be worse than what the figure suggests.

The order may be read here:

Related:

GoI claims 577 Covid-orphans, but numbers may far exceed official data: Outreach workers
Is the right to health a forgotten constitutional mandate?
Covid-19 Vaccine: Where are the crores of doses manufactured, but not administered?

The post Upload information about children orphaned due to Covid: SC to Districts appeared first on SabrangIndia.