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.

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Minister of Women and Child Development, Smriti Irani, has informed the Parliament that a total of 645 children have lost both their parents to Covid-19 in the second wave of the pandemic between April and May 28, 2021. But the information provided by National Commission for Protection of Child Rights (NCPCR) in their affidavit before the Supreme Court on June 7, stated that there are a total of 30,071 children who have lost either one or both parents or been abandoned up to June 5, 2021.

As per Irani’s written response on July 30, the maximum number of children who lost their parents to Covid-19 are from Uttar Pradesh (158) and Andhra Pradesh (119). Maharashtra comes next where 83 children were orphaned, followed by Madhya Pradesh (73). Haryana, Goa, Chandigarh, Bihar, Chandigarh, Tripura, Mizoram, Sikkim, Nagaland, Ladakh, Lakshadweep, Arunachal Pradesh and Andamans and Nicobar Island have recorded no orphans according to the information provided by the Centre.

Surprisingly, her answer stated that the data collected on the ‘Bal Swaraj Portal’ launched by National Commission for Protection of Child Right regarding orphans is not specific to those children who have lost their parents to Covid-19. 

But NCPCRs affidavit in the matter In Re: Contagion of Covid-19 virus in Children Homes (Suo Motu Civ. No. 4 of 2020), disclosed that out of the 30,071 children, 3,621 have been orphaned, 26,176 children have lost one parent and 274 children who have been abandoned since the beginning of the pandemic.

The Supreme Court had also directed all State and district authorities to upload information on the website of the NCPCR pertaining to all children who have become orphans or lost one of their parents after March, 2020 either due to Covid-19 or otherwise.

The 645 tally is more than what Irani had alleged a few months ago. On May 25, Irani had talked about committed efforts to support “577 children” who lost their parents to Covid-19 between April 1 and May 25, 2021. She tweeted this number while talking about children who had lost both their parents during the second wave of the health crisis.

But while speaking to SabrangIndia, NGO Save The Children had said it was difficult to assess the exact number of children who were orphaned in India. However, the NGO suspected that 577 may not be an accurate number, especially considering recent data on the subject by Andhra Pradesh, Madhya Pradesh and Rajasthan alone that amounted to 402 orphans around May.

Referring to government data, NGO worker Prabhat Kumar told SabrangIndia that Andhra Pradesh reported 135 orphans and 1,716 semi-orphans (lost one parent) in the last two months. Madhya Pradesh reported 250 orphans and 1,200 semi-orphans between April and May. Meanwhile, Rajasthan said 17 orphans were registered between March and May 15, 2021.

“These amount to 402 orphans who have lost both parents in just three states. There are other states that report much higher official Covid-deaths. So, it can be assumed that the number is much higher,” he said.

The Covid fatality rate in India, especially during the second wave was devastatingly underreported by the governments. The Supreme Court on July 27, reportedly pulled up the West Bengal for they submitted that only 27 children were orphaned. LiveLaw quoted the Bench saying, “Can we record it then? We’ll record and ask the Secretary to appear. You are so steadfast in saying only 27 orphans are there in such a big State. See figures from other States. We are not prepared to believe this figure at all.”

In another written response, provided by Ms. Irani on July 30, a total of 87 children residing in Child Care Institutions have been infected with coronavirus as on July 23, 2021. But this data is only from 16 States. The Minister also provided figures about the total number of children housed in the Child Care Institutions across all States and Union Territories. In 1,594 homes, 67,864 children are housed. 6,000 children reside in about 250 open shelters and 373 specialised adoption agencies have 3,751 children.

The answers may be read here:

Related:

Over 1,500 Children Homes caretakers arrested for child abuse, only 75 convicted
GoI claims 577 Covid-orphans, but numbers may far exceed official data: Outreach workers
9,346 children abandoned, orphaned, lost a parent to Covid-19: NCPCR informs SC
Upload information about children orphaned due to Covid: SC to Districts

The post Covid orphans: Mismatch in figures provided by WCD Ministry and NCPCR appeared first on SabrangIndia.

Following reports of Covid-19’s impact on children, the Maharashtra government on June 2, 2021 announced fixed deposits of Rs. 5 lakh and Rs. 1,125 monthly allowance for children who lost at least one parent to the Coronavirus.

According to the Daily Hunt, the decision was taken during a cabinet meeting chaired by Chief Minister Uddhav Thackeray. The scheme provides financial aid for any individual below 18 years of age, who lost one or both parents following the Covid-19 outbreak after March 1, 2020.

Orphans will get the Fixed Deposit (FD) amount with interest after reaching 21 years, but semi-orphans (children who have one surviving parent) are not eligible for the scheme. The latter will only receive monthly financial assistance. An official told the Economic Times that the government is trying to raise the monthly allowance to Rs. 2,500.

While a similar scheme is being implemented through the PMCARES scheme, the Maharashtra government will also run this scheme in tandem.  As per government estimates, there are around 160 orphans and approximately 5,000 semi-orphans following the pandemic. In Mumbai’s suburbia, there are 444 cases of semi-orphans and 7 cases of orphaned children.

In case a family is unwilling to look after a child, the government has promised to take responsibility of the minor. On the other hand, relatives who look after the child will receive a grant from the Child Care Scheme of the Department of Women and Child Development. The term deposit will be in the joint bank account of the child and the District Women and Child Development Officer.

This is the first time that the government has announced a concrete scheme for Covid-orphans, as per records of NGO Save The Children that kept a record of all state government schemes for children across India.

Nonetheless, the government had organised a 10-member task force in each of 36 districts to identify and arrange for Covid-affected children. Earlier, Ahmednagar reported at least 9,000 children as Covid-positive in the month of May although 95 percent of them were asymptomatic. The task force already held a meeting earlier in the week to discuss the situation and prepare for the third wave of Covid-19.

Similarly, the Maharashtra administration will set up a helpline number to seek information about orphaned children in light of information that anti-social elements were encouraging illegal adoption of such children on social media. The Union Ministry of Women and Child Development also announced its CHILDLINE number that entertains calls from both children and adults. The number is 1098.

Related:

Shocking! Over 9,000 children test Covid-positive in May in Ahmednagar
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
Covid-19 Vaccine: Where are the crores of doses manufactured, but not administered

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Recent government figure of 577 orphaned children may be grossly under-reported, especially after considering the number of semi-orphan children, non-government organisation Save The Children told SabrangIndia on May 27, 2021.

On May 25, the Union Ministry of Women and Child Development talked about committed efforts to support 577 children who lost their parents to Covid-19 between April 1 and May 25, 2021. Union Minister Smriti Irani tweeted this number while talking about children who had lost both their parents during the second wave of the health crisis.

GOI is committed to support and protect every vulnerable child due to loss of both parents to Covid-19. From 1st April 2021 till 2:00 PM today, the State Governments & UTs across the country have reported 577 children whose parents succumbed to Covid-19.

— Smriti Z Irani (@smritiirani) May 25, 2021

Further, she also started a Twitter thread to remind people about their “legal responsibility” to protect such children from harm’s way, while listing a child helpline 1098. Irani warned people against falling into the trap of people who contact people for direct adoption of orphan children. Citizens are to inform the local Child Welfare Committee or Police or the Childline on coming across such illegal activity.

Telephonic aid during Covid-19 second wave

A brief call to the number managed by Childline India Foundation by Sabran India indicated that both, good Samaritans and orphaned children, receive a prompt response on the number and are put in contact with a response team that comes to the child’s aid. This team at times includes Save The Children outreach workers, who are spread across 12 states in India.

According to NGO-member Prabhat Kumar, neighbours or someone in the community calls the helpline more often than the children themselves. Moreover, the condition of each of these children differs. After their parent’s or guardian’s death, the child is generally sent to their relatives or child care institutions. However, even when children live with their kin, people are apprehensive of contracting Covid-19 that caused their parents’ death. This is why Kumar argued that district child welfare committees should be notified about semi-orphan children as well.

Who are semi-orphan?

Kumar defined semi-orphaned children as under-age children, who have lost one parent or guardian. As per state information collected by the NGO, the number of semi-orphan children during the second wave of coronavirus is much higher. Moreover, he said that these children are also more vulnerable to exploitation.

“Semi-orphaned children are vulnerable to child-labour and trafficking. This is because many times the person who has died is the breadwinner of the family. There is no one to support the family after the death of the guardian. Even the Integrated Child Protection Scheme (ICPS) and the Juvenile Justice system recognises the need to protect them,” he said.

Data on orphaned children during Covid-19

In light of persistent news of underreported Covid-deaths, it is difficult to assess the exact number of children who were orphaned in India. However, Save The Children suspects 577 may not be an accurate number, especially considering recent data on the subject by Andhra Pradesh, Madhya Pradesh and Rajasthan alone amounts to 402 orphans.

Referring to government data, Kumar said that Andhra Pradesh reported 135 orphans and 1,716 semi-orphans in the last two months. Madhya Pradesh reported 250 orphans and 1,200 semi-orphans between April and May. Meanwhile, Rajasthan said 17 orphans were registered between March and May 15.

“These amount to 402 orphans who have lost both parents in just three states. There are other states that report much higher official Covid-deaths. So, it can be assumed that the number is much higher,” he said.

According to a recent article by The Indian Express, 1,572 children were orphaned in Maharashtra of which 98 children lost both parents. Still, the irregularity in Covid deaths has made such data difficult to compile. Organisations that carry out cremations for abandoned bodies state that most people do not even notify authorities if a death takes place in their vicinity. Families also leave their loved ones in the street for fear of contracting the infection.

How are state governments protecting these children?

Kumar identified nine state governments and one union territory that started initiatives like free education and ration or scholarships for Covid-orphans.

Similarly, the Indian Express reported that Rs 10 lakh were allotted per district for the non-institutional care of orphans under the Integrated Child Protection Scheme. However, Kumar argued that this allotment should be increased in accordance with the number of children who have lost their guardian in each district.

“Within child protection system there is the ICPS provision to provide a sponsorship of Rs. 2,000 per month to vulnerable children, including semi-orphans. Health, education and safety needs should also be addressed with all this until the child reaches adulthood i.e., 21-24 years. Our organisation prefers the latter,” said Kumar.

Recently, hospitals were directed to mention whether they have any children in their registration forms to keep a track on minors in case of death. At such times of hospitalisation or isolation, local child welfare communities should also provide temporary care and support. Such a safe space is all the more pertinent, considering claims that the third wave of Covid-19 will affect children as well.

Community awareness about child-protection

Despite central and state provisions, many people are still not aware about the dos and don’ts of child protection, including the helpline number 1098. Nowadays, Save The Children focuses on reporting and verifying messages circulating on social media that talk about child adoptions. This aside from their work to provide around 100 orphaned children across India with food packages.

“We have tried to contact the people circulating these messages but most times the response is very suspect. People either don’t know where the child is or avoid questions. 90 percent of the time, these messages turn out to be fake,” he said.

The Ministry of Women and Child Development website flashes a notice every time a person accesses its website. Yet, people with little access to the internet are still not aware of due procedure.

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Is the right to health a forgotten constitutional mandate?

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