Shadab Ahmad Lone Report on Child Rights and Child Protection.pdf

CHILD RIGHTS AND CHILD PROTECTION

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DEPARTMENT OF SOCIAL WORK


FIELD WORK REPORT
CHILD PROTECTION AT DISTRICT CHILD PROTECTION UNIT SRINAGAR


SEMESTER: 4TH
BATCH: 2021


SUBMITTED BY:



SHADAB AHMAD LONE 21081118009
IQRA JAN 21081118010
TOYBA ALTAF 21081118035
ARWISH MAJEED 21081118040
BAZEELA 21081118044






SUBMITTED TO:
DR WAKAR AMIN

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TABLE OF CONTENTS
CONTENTS PAGE NUMBER

ACKNOWLEDGEMENT 03-03

SECTION ‘A’ 04-11

1. Nature of Field Work

2. Objectives of Field Work

3. Placement

4. Child Protection scenario in India

5. Child Protection system in India

SECTION ‘B’ 12-30

1. District Child Protection Units (DCPUs)

2. District Child Protection Unit Srinagar

3. Structure of District Child Protection Unit Srinagar

4. Services provided under DCPU Srinagar

SECTION ‘C 30-41

1. Child protection scenario in District Srinagar

2.
3.
Observational visits to various Child Care Institutions
Conclusion

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ACKNOWLEDGEMENT

Being muslims , all praises to Almighty Allah Who is omnipresent ,omnipotent
and lord of the whole universe, by his grace we were able to complete our field
work.
We would like to thank our department of Social Work for giving us an opportunity to do field
work at District Child Protection Unit, Srinagar.
Our special gratitude to the Head of department Of Social Work Dr Shazia Manzoor, who
gave us this opportunity to do this wonderful field work.
We would also like to thank our field work Coordinator Dr Javaid Rashid, who continuously
guided us through this field work and helped us learning and implementing field work
techniques and objectives.
We would also like to thank our field work Supervisor Dr. Wakar Amin who continuously
guided us through individual conferences( IC’s) and group conferences (GC’s) and provided
their valuable support and suggestions to us in making the field work report and presentations.
Moreover, we would like to thank all our teachers as well as office staff who helped and
supported us during the whole process of field work.
At last, we would also like to thank the staff members of DCPU (District Child Protection Unit)
and CWC (Child Welfare Committee) Srinagar for cooperating with us and allowing us to do
field work in such settings and for providing us with the continuous support and guidance and
encouraged us to perform and finish our given task on time.
Finally, we can say it was all the mutual efforts of the above mentioned persons who
contributed one way or other to covert our theoretical learning into practical learning.


BIBLIOGRAPHY 42-42

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SECTION ‘A’

NATURE OF FIELD WORK
The field work was intended to make students aware about the child protection services so that
they can understand the functioning and role of Child Protection Units by placing them at
different District Child Protection Units (DCPUs) in Kashmir.
OBJECTIVES OF FIELD WORK
• To gain knowledge about the child protection schemes in Jammu and Kashmir and
understand its structure, organization and management
• To gain knowledge about various schemes/activities of respective district Child
protection settings.
• To gain the knowledge about implementation of Juvenile Justice Act and POCSO Act
at district level.
• To understanding importance of coordination of DCPUs with JJBs/CWCs.
• To develop the understanding of civil society/community partnerships in child
protection.
• To gain the knowledge of the status of Child Care Institutions in respective districts.
PLACEMENT
We the students of MSW 4th semester (Batch 2021) were placed in District Child
Protection Units of our respective districts for out Field work.
We were five members in our group and were placed in District Child Protection Unit
Srinagar.
SRINAGAR district is a district in Indian-administrated Union Territory of Jammu
and Kashmir, created in 1846. It is the largest city and summer capital of Union
Territory Jammu and Kashmir. It lies in the Kashmir Valley along the banks of the
Jhelum river. The period of ten days were given to us for the completion of our field
work and in this period we went to the District Child Protection Unit (DCPU) Srinagar,

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Child Welfare Committee (CWC) Srinagar, Juvenile Justice Board (JJB) Srinagar, and
other child care and protections units that are responsible for the protection and safety
of children of district Srinagar. The main motive of our fieldwork was to gain the
knowledge about the various child protection services and the delivery of these services
to the beneficiaries.
CHILD PROTECTION SCENARIO INDIA
India has a wide range of laws to protect children and child protection is increasingly accepted
as a core component of social development. The challenge is in implementing the laws due to
inadequate human resource capacity on the ground and quality prevention and rehabilitation
services. As a result, millions of children are prone to violence, abuse and exploitation.
Violence takes place in all settings: at home, school, childcare institutions, work and in the
community. Often violence is perpetrated by someone known to the child.
India has a fairly comprehensive policy and legal framework addressing rights and protection
of children, providing opportunities to ensure that all children have equal access to quality
protection services.
The core child protection legislation for children is enshrined in four main laws: The Juvenile
Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition of Child Marriage
Act (2006); The Protection of Children from Sexual Offences Act (2012).
Over the past five years, notable efforts have been made to set up fast track courts and deal
with cybercrime against children and women. In 2019, the Protection of Children from Sexual
Offences Bill was amended, stipulating stricter punishment for sexual crimes against children.
Violence against children is widespread and remains a harsh reality for millions of children
from all socio-economic groups in India. Both boys and girls in India face early marriage,
domestic violence, sexual violence, violence at home and in school, trafficking, online
violence, child labour and bullying. All the forms of violence. Abuse and exploitation have
lifelong consequences on children’s lives.
Exact data on violence, abuse and exploitation is not sufficient, but overall the nation is
becoming increasingly aware of violence against children, especially sexual abuse. Several
cases that may have earlier gone unnoticed. Are now being reported.
India has articulated its commitment to eliminating child marriage through
numerous policies, laws and programmes. The country’s progress in the past
decade is one of the strongest among countries in South Asia.

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Yet, one in four Indian girls aged 20-24 were found to have been married before
18 years of age, as per the National Family Health Survey (2019-21).The
persistence of child marriage remains a potential deterrent to India’s likelihood of achieving
Sustainable Development Goal 5 by 2030.
Child labour remains a complex problem in India. Despite protective legislative measures and
policies to combat the problem, the decline in child labour has been less progressive than
expected. Children are most often found working in agriculture and households, with girls often
being invisible.
Data on sexual violence is scare and is mainly based on the reporting of cases, thus implying
that the figures underestimate the magnitude of the problem, especially as many cases go
unreported.
From the cases that are reported, it can be observed that sexual abusers are mainly male and
often individuals known to the child. As per the National Family Health Survey (2019-21),
1.5% of young women in the age group18-29 reported having experienced sexual violence
before the age of 18.
Progress has been made in generating social awareness, enhancing legislation and nurturing
action towards ending violence, abuse and exploitation of children, but more needs to be done
to ensure survivors and their families benefit from sensitive, timely and efficient protection and
services.

CHILD PROTECTION SYSTEM IN INDIA
Child protection is the safeguarding of children violence, abuse and neglect. Article 19 of the
UN Convention on Human Rights of the child provides for the child in and out of the home.
One of the ways to ensure this is by giving them quality education, the forth of the United
Nations Sustainable Development Goals, in addition to other child protection systems.
Child protection systems are a set of usually government-run services designed to protect
children and young people who are underage and to encourage family stability.

Integrated Child Protection Scheme (ICPS):
Integrated Child Protection Scheme (ICPS) is a centrally sponsored umbrella scheme under
which various schemes for children in need of care and protection, and children in conflict with
law are covered.

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Under this scheme the children in need of care and protection are being provided institutional
as well as non-institutional care. For providing non-institutional care State Adoption Resource
Agency (SARA) has been set at state level. At the district level District Child Protection Units
(DCPUs) and Child Welfare Committee (CWCs) under the chairmanship of Deputy
Commissioner has been constituted.
The Integrated Child Protection Scheme (ICPS) is mainly an instrument to implement the
provisions of Juvenile Justice Act 2000 which has been amended as juvenile Justice Act, 2015
and came into force with effect from 15/01/2016.The state has created a Juvenile Justice Fund
for providing facilities to the juvenile. Child Welfare Committee (CWC) and Juvenile Justice
Board (JJB) have been set up in all the districts for the effective implementation of Juvenile
Justice (Care and Protection of Children) Act 2015.

Objectives of Integrated Child Protection Scheme (ICPs):
The objectives of ICPS are to contribute to the improvements in the well being of children in
difficult circumstances, as well as to the reduction of vulnerabilities to situations and actions
that lead to abuse, neglect, exploitation, abandonment and separation of children from their
families.
These will be achieved by:
• Raised public awareness about the reality of child rights, situation and protection in
India.
• Clearly articulated responsibilities and enforced accountability for child protection.
• Established and functioning structures at all Government levels for delivery of statuary
and support services to children in different circumstances.

Target Groups:
• Children in need of care and protection (CNC).
• Children in conflict with law (CCL).
• Children in contact with law- as Victim, Witness.
• Any other vulnerable child (including but not limited to): Children of migrant families,
children of socially marginalized groups, exploited/ trafficked/drug-affected children,
children of prisoners/women in prostitution and children affected/effected /infected
with HIV/AIDS.

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JUVENILE JUSTICE (CARE AND PROTECTION) ACT 2015 :
Who is a Juvenile?
Juvenile can be defined as a child who has not attained a certain age at which he, like an adult
person under the law of land, can be held liable for his criminal acts. The juvenile is a child
who is alleges to committed/violated some law which declares the act or omission on the party
of the child as an offence.
The Juvenile Justice (Care and Protection of Children) Act 2015 Aims to amend and
consolidate the law relating to children ‘alleged and found to be in conflict with law’, as well
as children in need of care and protection. It lays down the provisions for a ‘child-friendly’
approach in the adjudication and disposal of matters in the best interest of children. It also
provides for establishing processes, institutions and bodies for the rehabilitation and social
reintegration of children. This act was passed by the parliament of India under the ministry of
Women and Child Development in D December 31, 2015 and came into effect on January 15,
2016.

Key Provisions:
• Change in nomenclature from ‘Juvenile’ to ‘child’ or ‘child in conflict with law’, across
the act to remove the negative connotation associated with the word ‘Juvenile’.
• Inclusion of several new definitions such as orphaned, abandoned and surrendered
children, and petty, serious and heinous offences committed by children.
• Clarity and powers function and responsibilities of Juvenile Justice Board (JJB), Child
Welfare Committee (CWC), clear timelines for enquiry by Juvenile Justice Board (JJB).
• The act mandates setting up of Juvenile Justice Boards and child welfare committees in
every district. Both must have at least one women member each.
• Special provisions for heinous offences committed by children above the
age 16 years.
• Separate new chapter on adoption to streamline adoption of orphan,
abandoned and surrendered children.

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• Inclusion of new offences committed against children.
Mandatory registration of child care institutions.

POCSO ACT 2012:
The POCSO Act 2012 came into force with effect from November 14, 2012, along with the
Rules framed thereafter. The Act is a comprehensive law enacted with the objective of
protecting children from a slew of sexual offences like sexual assault, sexual harassment and
pornography while safeguarding the interests of the child at every stage of the judicial process
by introducing a child-friendly mechanism for reporting, recording of evidence, investigation
and speedy trial of offences through special courts. This law defines a child as any person
below the age of 18 years. It defines different forms of sexual offences including penetrative
and non-penetrative assault, and even sexual harassment and pornography.
The Act deems a sexual assault to be 'aggravated' under certain circumstances such as when
the abuse is committed by someone who is a family member or someone in a position of trust
or authority like a teacher, doctor or even police officer.
It prescribes stringent punishment as per the gravity of the offence. The maximum term of
rigorous imprisonment for life and fine. Indian Penal Code's (IPC) Section 44 (1) of the special
children's law provides that the National Commission for Protection of Child Rights (NCPCR)
along with the State Commission for Protection of Child Rights (SCPCR) monitor the
implementation of the provisions of the Act.

PROVISIONS OF POCSO ACT:
• The act mandates that investigation in the cases is to be completed in two months (from
the date of registration of FIR) and trial in six months.
• The Act defines a child as any person below eighteen years of age.
• POCSO states a sexual assault is to be considered aggravated if – The abused child is
mentally ill or, when the abuse is committed by a member of the armed forces or
Security forces.
• A person in a position of trust or authority of the child, like a family member, police
officer, teacher, or doctor or a person-management or staff of a hospital, whether
Government or private.
• Lit prescribes rigorous imprisonment for a term which shall not be less than ten years
but which may extend to imprisonment for life and also fine as punishment for
aggravated penetrative sexual assault .

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• It also makes provisions for avoiding the re-victimization of the child at the hands of
the judicial system.
• The Act also makes it mandatory to report such cases. It makes it the legal duty of a
person aware of the offence to report the sexual abuse. In case he fails to do so, the
person can be punished with six months imprisonment or a fine.
• It also prescribes punishment to the people who traffic children for sexual purposes.
• The Act also provides for punishment against false complaints or untrue information.
• The act was amended in 2019 to increase the minimum punishment from seven years
to ten years. It further adds that if a person commits penetrative sexual assault on
a child below the age of 16 years, he will be punishable with imprisonment
between 20 years to life, with a fine.
• Aggravated penetrative sexual assault under POCSO Act, 2012 is the
equivalent provision for aggravated rape.
• A person can be charged with this offence in certain aggravating
circumstances, such as if the rape occurs within a relationship of trust or
authority, or if it leads to pregnancy, among others.
• Under POCSO, the consent of a person under the age of 18 is irrelevant,
regardless of the nature and circumstance of the sexual interaction, or the
particulars of the person with whom it takes place. This means that any sex
with a minor is rape. (POCSO ACT 2012)
GENERAL PRINCIPLES OF POCSO ACT 2012:
The Protection of Children from Sexual Offences Act, 2012 mentions 12 key principles
which are to be followed by anyone, including the State Governments, the Child
Welfare Committee, the Police, the Special Courts, NGOs or any other professional
present during the trial and assisting the child during the trial.
These include:
1. Right to life and survival – A child must be shielded from any kind of physical,
psychological, mental and emotional abuse and neglect.
2. Best interests of the child – The primary consideration must be the harmonious
development of the child.

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3. Right to be treated with dignity and compassion – Child victims should be
treated in a caring and sensitive manner throughout the justice process.
4. Right to be protected from discrimination –The justice process must be
transparent and just; irrespective of the child’s cultural, religious, linguistic or
social orientation.
5. Right to special preventive measures – It suggests, that victimized children are
more likely to get abused again, thus, preventive measures and training must be
given to them for self-protection.
6. Right to be informed – The child victim or witness must be well informed of
the legal proceedings.
7. Right to be heard and to express views and concerns – Every child has the right
to be heard in respect of matters affecting him/her.
8. Right to effective assistance – financial, legal, counselling, health, social and
educational services, physical and psychological recovery services and other
services necessary for the child’s healing must be provided. Right to Privacy –
The child’s privacy and identity must be protected at all stages of the pre-trial
and trial process.
9. Right to be protected from hardship during the justice process – Secondary
victimization or hardships for a child during the justice procedure must be
minimized.
10. Right to safety – A child victim must be protected before, during and after the
justice process.
11. Right to compensation – The child victim may be awarded compensation for
his/her relief and rehabilitation.

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SECTION ‘B’
DISTRICT CHILD PROTECTION UNITS
Integrated Child Protection Scheme (ICPS) envisages setting up a District Child Protection
Unit (DCPU) in each district as a fundamental unit for the implementation of the schemes.
Every district shall have a District Child Protection Unit (DCPU) under the chairpersonship of
the chairperson, District Magistrate.
The district Child Protection Units (DCPUs) envisages a detailed role and responsibility for
protection of rights from children. The DCPU in each district shall coordinate and implement
all child rights and protection activities at district level. The DCPUs maintains a data base of
special educators, mental health experts, translators, interpreters, counsellors, psychologists or
psycho-social worker or other experts who have experience of working with children in
difficult circumstances at the district level and forward the same to the special juvenile police
unit and special court. And also generate awareness programmes for the implementation of the
child rights and protection including training and capacity building of stakeholders.

Functions of District Child Protection Unit (DCPU):
The DCPU shall coordinate and implement all child rights and protection activities at district
level. Specific functions of the DCPU shall be to:
• Contribute to effective implementation of child protection legislations, schemes and
achievement of child protection goals laid out in the National Plan of Action for
Children. In doing so, the DCPU will follow national and state priorities, rules and
guidelines.
• Ensure that for each child in need of care there is an individual care plan and that the
plan is regularly reviewed. Monitor the implementation of the plan.
• Identify families at risk and children in need of care and protection through effective
networking and linkages with the ICDS functionaries, Specialized. Adoption Agencies
(SAA), NGOs dealing with child protection issues and local bodies, viz. PRIs and
Urban Local Bodies, etc.
• Assess the number of children in difficult circumstances and create district specific
databases to monitor trends and patterns of children in difficult circumstances.

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• Map all child related service providers and services at district for creating a resource
directory.
• Identify and support credible voluntary organizations to implement program
components of the ICPS.
• Support implementation of family based non-institutional services including
sponsorship, foster care, adoption and after care;
• Ensure effective implementation of the Juvenile Justice (Care and Protection of
Children) Act, 2000 and its Amendment Act, 2006 at district/city levels by supporting
creation of adequate infrastructure, viz. setting up JJBs, CWCs, SJPUs in each districts
and homes in a cluster of districts as required.
• Ensure setting up of District, Block and Village level Child Protection Committees for
effective implementation of programs, as well as discharge of its functions.
• Facilitate transfer of children at all levels for either restoration to their families or
placing the child in long or short-term rehabilitation through sponsorship, kinship care,
in country adoption, foster care, inter-country adoption and placement in institutions.
• Facilitate effective implementation of other legislations for child protection in the
district, viz. Hindu Adoption and Maintenance Act (HAMA) 1956; Guardians and
Wards Act (GAWA) 1890; Child Labour (Prohibition and Regulation) Act 1986; Child
Marriage and Restraint Act 1890; Child Labour (Prohibition and Regulation) Act 1986;
Child Marriage and Restraint Act.
• 1979 and Immoral Traffic Prevention Act 1986, Pre-Conception and Pre- Natal
Diagnostic.
• Techniques (Prohibition of Sex Selection) Act 1994, Protection of children from Sexual
Offence Act, 2012, CPCRC Act, 2005 etc. and any other Act that comes into force for
protecting child rights.
• Network and coordinate with all government departments to build inter sectoral
linkages on child protection issues, including Departments of Health, Education, Social
Welfare, Urban Basic Services, Backward Classes & Minorities, Youth Services,
Police, Judiciary, Labour, State AIDS Control Society, among others.
• Network and coordinate with voluntary and civil society organizations working in the
field of child rights and protection.
• Develop parameters and tools for effective monitoring and supervision of ICPS in the
district.

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• Supervise and monitor all institutions/agencies providing residential facilities to
children in district.
• Train and build capacity of all personnel (Government and Non-government) working
under child protection system to provide effective services to children.
• Encourage voluntary youth participation in child protection programs at district, block
and community levels.
• Organize quarterly meeting with all stakeholders at district level including Child line
Services, SAA, superintendents of homes, NGOs and members of public to review the
progress and achievement of child protection activities.
• Liaison with the SCPS, SARA and DCPUs of other district.
Responsibilities of District Child Protection Unit:
• Overall implementation of the child protection policies and programmes in the district
level.
• Monitoring and supervision of all institutions/agencies/NGOS/projects , ensuring
implementation of minimum standards of care and reporting to SCPS.
• Ensuring effective institutional care / services at district level for all children in need of
care and protection
• To identify families and children at risk to prevent destitution of children and arrange
necessary support services like counselling, health care, education, vocational guidance
etc.
• Carry out a situational analysis of children in difficult circumstances, collect and
compile data on different dimensions of the child protection problems.
• Carry out a resource mapping exercise and develop a District Child Protection Plan and
a Resource directory.
• Setting up and managing of child tracking system.
• Support CWC in the process of inquiry and restoration of children.
• Ensure registration of all organizations/ institutions under the Juvenile Justice Act 2000
and its Amendment Act, 2006.
• Regular training and capacity building.

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• Regular reporting.
• Provide secretarial support to the DCPC.
• Maintain a database of all children in institutional care and non-institutional care at the
district level. This Data Management System will ultimately be uploaded onto a
comprehensive, integrated, live database for children in care and in need of care in the
country- the ‘Track Child’.

DISTRICT CHILD PROTECTION UNIT SRINAGAR:
The District Child Protection Unit in Srinagar was established on 1 august 2013, as
per the directives of the National Commission for Protection of Child Rights [NCPCR]
and the J&K State Commission for Protection of Child Rights [SCPCR].
It is located in the Bemina. Srinagar district has 2 Sub- Divisions i.e, Srinagar west
and Srinagar East and the district consists of total 7 Tehsils for which DCPU Srinagar
is working.
Also there are total 15 Institutions registered Under DCPU Srinagar in which 5 are
operated by Government agencies and 10 are operated by Non-Government agencies,
all these Institutions are monitored and Inspected by the Protection Officer. District
Child Protection unit Srinagar provides Institutional Care services as well as non-
institutional services. In addition to that DCPU Srinagar, in a first of its kind initiative
the administration has established composite Shelter Homes for destitute and needy.
Currently, the Shelter Homes have been established at two locations including 1 at
Pantha-Chowk and another 1 at Brein Nishat Srinagar where buildings have been
identified and will be equipped with all basic facilities also operates One Shelter home
for Children in need of Care and Protection. It also deals with the cases referred by
Child Welfare Committee (CWC) and forms Individual Care plan for those Children.
Awareness programs and other activities related to the services and schemes of child
protection are conducted by the out- reach worker in the different communities.

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STRUCTURE OF DISTRICT CHILD PROTECTION
UNIT SRINAGAR

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SERVICES PROVIDED UNDER DISTRICT CHILD PROTECTION
UNIT SRINAGAR:
Institutional services:
These are the services under Juvenile Justice Act, which are being provided by Child Care
Institution under the supervision of District Child Protection Unit. These services include:
Observation Homes, Special Homes, Children Homes, Shelter Homes, Juvenile Justice Board
(JJBs) Child Welfare Committees (CWCs), Special Juvenile Police Units (SJPUs) and child
protection units:

I. Child Care Institutions (CCIs):
Recognising that the child, for the full and harmonious development of his or her personality,
should grow up in a family environment, in an atmosphere of happiness, love and
understanding – Preamble of the Convention on the Rights of the Child, 1989, United Nations
Convention on the Rights of the Child (UNCRC).
A child care facility which is provided for minor children for care, maintenance, and
supervision, usually on a 24-hour basis, in buildings maintained by the institution for that
purpose, and operates throughout the year. The role of CCL’s is to provide a safe, secure and
family environment to the children. Abandoned, surrendered, orphan, victim of abuse, conflict
with law are registered in these institutions. And certain provisions for these enrolled children
are sponsorship, adoption or foster-care. At present there are total Five CCI’s that are
working in district Srinagar.
In Srinagar, 15 orphanages are registered, of which 5 are government run CCL’s and 10 are
NGO run CCL’s. Besides, 5 other CCL’s are registered in Srinagar district.
5 government run registered CCL’s are Palaash for boys, Pareesha for girls, Observation Home,
Open Shelter for girls and specialised adoption agency, Phulwari.
There are above 3000 children registered with these childcare institutions who are orphans and
destitute.

II. Open Shelter Homes for Children in need of Care and Protection

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largest numbers of homeless children, street and working children, child substance abusers and
child beggars, left on their own and in need of care, support and protection, reside in urban
areas. They are seen living in conditions of extreme deprivation compounded by lack of shelter
and access to basic services like sanitation, safe drinking water, education, health care,
recreational facilities, etc. in these homes, children are provided with residential facility on
short term basis, so that they can be protected from vulnerable conditions and abuse.
In a first of its kind initiative the Srinagar administration has established composite Shelter
Homes for destitute and needy. Currently, the Shelter Homes have been established at two
locations including 1 at Pantha Chowk and another 1 at Brein Nishat Srinagar where buildings
have been identified and will be equipped with all basic facilities.
Non-institutional Care:
Non-institutional care is a family like care that is based on sponsorship, foster care, adoption
and after-care.
The juvenile justice (care and protection) act 2015 and the model rules framed there under
provide for the rehabilitation and re-integration of children through sponsorship, foster- care,
adoption and after-care.

CHILD WELFARE COMMITTEE (CWC):
The juvenile justice (care and protection) act, 2000 makes it mandatory to establish one Child
welfare committee in each district as the final authority to dispose of cases for the care,
protection, treatment, development and rehabilitation of children in need and care and
protection and to provide for their basic needs and protection of human rights. The child welfare
committee deals with the children in need of care and protection. Their responsibility is to
restore all the child rights of the children victims of child labour, abuse, trafficking, begging,
child marriage, and also street children and missing children besides children whose parents
are incapacitated to take their care. The child can be placed in a children’s home after CWC
receives a report regarding a child in need of care and protection. After inquiry, if CWC is of
the opinion that the child has no family or ostensible support, it may allow the child the remain
in the children’s home or shelter home till suitable rehabilitation is found for him/her, or till
he/she attains 18 years of age.
COMPOSITION:
The child welfare Committee consists of 5 members including a chairperson and 4 other
member, one of whom should be a woman and another expert on matters concerning children.

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CWC is the Competent Authority to dispose of cases of CNCP. They are given the powers of
Bench of Magistrate and their order can be challenged only in the court.

PROCEDURE FOR CHILD WELFARE COMMITTEE FOR PLACING A
CHILD IN AN INSTITUTION AND DECLARED HIM/HER AS A CHILD
IN NEED OF CARE AND PROTECTION
1. As per the Act, a child must be produced before the Committee within a period of 24
hours.
2. Any child in need of care and protection can be produced by any police officer or special
juvenile police unit, public servant, social worker, citizen authorized by the state
government, or by the child himself, Child line, registered voluntary organisation or
any other agency as may be recognized by the State Government.
3. On receiving a child, CWC holds the inquiry to understand the circumstances under
which the child is produced and after the completion of the investigation if the
committee is of opinion that the said child has no family of maternal support, or in need
of ongoing care and support, may allow the child to remain in a children’s home until
appropriate rehabilitation is reached or up to the age of eighteen.
4. Further proceedings when a child is brought to committee they start investigation and
inquiry about all and accordingly declares him/her as a child in need and of care and
protection then case is assigned to social worker, or case worker, or child welfare officer
from a child care institutions or to any recognized non- governmental organisations for
conducting the SIR (social investigation report).
5. The SIR report (forum 22) provides an assessment of the child, his family, situation of
the child in detail and explain in writing it will be in the best interest to restore him. It
is completed in 15 days then the committee passes final order for the protection of the
child.
6. Sometimes the child in need of care and protection cannot be produced before
committee because of some reasons. The committee is mandated to reach out to the
child and hold its sitting at a place that is convenient for such child.
7. The committee also provides help for the child in conflict with law when Board feels
that child in conflict with law is also a child in need of care and protection they refer
the child to the committee for necessary action.

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POWERS
The powers of the Child Welfare Committee are laid down in Section 29 of the Juvenile Justice
(Care and Protection of Children) Act, 2015:

• The Committee has the full authority of disposing of cases for the care, protection and
treatment of the children.
• The Committee can also dispose of cases that are for the development, rehabilitation
and protection of children that are in need, and also to provide for the basic need and
protection that is needed by the children.
• When a Committee is constituted for any particular area, then it has the power to
exclusively deal with all proceedings that are being held under the provisions of this
Act that are related to children in terms of need of care and protection.
• While exercising the given powers curtailed under this Act, the Committee is barred
from performing any act which would go against anything contained in any other law
that is in force at that time.
• The Committee shall, suo-moto, or on receipt of any information, complaint or
otherwise, pertaining to any offense against a child, direct the police or the District
Child Protection Unit to immediately take action for the rescue or recovery of such
child from such situation, and to take further action including coordination with labour,
health, social welfare, and any other agencies involved with the care and protection of
children.
• The orders of the Committee passed for care, protection, treatment, development, and
rehabilitation of children in need of care and protection as well as to provide for basic
needs of children under this Act and these rules shall have the same force and effect as
if passed by the Metropolitan Magistrate or a Judicial Magistrate of First Class and shall
be executed in the same manner as prescribed in Criminal Code of Criminal Procedure,
1973.
FUNCTIONS AND RESPONSIBILITIES :

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The Functions and Responsibilities of the Child Welfare Committee are mentioned in
section 30 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Few
functions and responsibilities are listed below:
• Cognizance of children that are produced before it. Children who are neglected can be
produced before this committee.
• Conducting inquiry on issues relating to and affecting the safety and well being of the
children under this Act.
• To direct the Child Welfare Officers, District Child Protection Unit and Non-
Governmental organizations for social investigation and also to submit a report before
the Committee.
• To conduct an inquiry for the declaration of fit persons for the care of children in need
of care and protection.
• To direct placing of a child in a foster care facility.
• To ensure care, protection, restoration and appropriate rehabilitation of those children
that are in need of care and protection. This is based on that child’s individual care plan.
It also includes the passing of necessary directions to parents or guardians or the people
who are fit or children’s homes or fit facilities in this regard.
• To declare children legally free for adoption after due inquiry who are orphans,
abandoned and surrendered.
• To take suo-moto cognizance of cases and also to reach out to the children who are in
need of care and protection.
• To take action against the rehabilitation of children who are abused sexually and are
reported as children in need of protection and care from the Committee, by the Special
Juvenile Police Unit or the local police as the case may be.
• To conduct an inquiry and give directions to the police or the District Child Protection
Unit in case of a complaint of abuse of a child.
• To access appropriate legal services for the children.
• To facilitate the setting up of CWC’s in every district and to ensure their effective
functioning, the scheme shall provide adequate infrastructure and financial support to

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the states/UT’s The Act also provides for several institutional and non-institutional
measures for rehabilitation and social reintegration of children.
The Institutional And Non-Institutional Measures For Children In Need Of
Care And Protection Include:

1. Children’s home: These are meant for placement of children in need of care and
protection for their care, treatment, education, training, development and rehabilitation.
2. Specialised adoption agencies: These are meant for the rehabilitation of orphan,
abandoned or surrendered children, through adoption and non institutional care.
3. After care: This is meant for any child who leaves a child care institution on
completion of eighteen years of age with financial support in order to facilitate child’s
re-integration into the mainstream of the society.
4. Foster care: This can be individual foster care or group foster care. Under foster care,
children are placed in a family which does not include the child’s biological or adoptive
parents or in an unrelated family, which is recognised as suitable for the purpose by the
State Government, for a short or extended period of time.
5. Open Shelter: These function as a community based facility for children in need of
residential support, on short term basis, with the objective of protecting them from
abuse or weaning them, or keeping them, away from a life on the streets.
6. Sponsorship: Sponsorship can be individual to individual sponsorship, group
sponsorship or community sponsorship. The sponsorship programme provides
supplementary support to families, to Children’s Homes and to special homes to meet
medical, nutritional, educational and other needs of the children, with a view to
improving their quality of life.

CHILD WELFARE COMMITTEE SRINAGAR
Child Welfare Committee in J&K, Srinagar was established in 1998 as per the Juvenile Justice
[Care and Protection of Children] Act, 2015. However, the CWC in Srinagar was
Operationalized in 2000, after the state government notified its constitution. After the
abrogation of Article 370, the Central laws were implemented and the state was replaced by
Union Territory. And now the Juvenile Justice Act 2015 has been successfully implemented in
UT. It is the programme of ICPS for the welfare of child who is in need of care and protection.
The Committee is reviewed quarterly by the District Magistrate. District Magistrate is the
grievances redressal authority for the child welfare committee.CWC is required to conduct at

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least two inspection visits per month of residential facilities for children in need of care and
protection and make recommendations for improvement to DCPU and the State government.
It also required sending quarterly information in forum 16 about children in need of care and
protection received by it to the District Magistrate with all relevant details on native of disposal
of cases, pending cases of reasons for such pendency.


Name of the office

Address

Child Welfare Committee

55A, near IMI Boys Wing, Sir Syed
Abad, Bemina, Srinagar, Jammu and
Kashmir 190018


OBSERVATIONS
1. The process of permitting the students of MSW for field-work internship was
accessible, no rigid rules were to be followed. Actually as we have observed that the
CWC are well versed with knowledge and the utility of child development and child
protection units.
2. Concerned with the child who are in need of care and protection.
3. They maintain a child-friendly atmosphere where the child feels safe, heard, valuable
in order to say what so ever his/her concerns are. And simultaneously, helping them
in the best possible way to find a suitable solution for their problems.
4. Working as per Juvenile Justice Act.
5. We observed that he CWC is up-to date about all the policies and programs about the
children and is improving the knowledge pertaining to children.

SUGGESTIONS
1. We observed that the CEC has an over-load of work concerned to the documentation
of the cases related to the office work, our suggestion to the worthy Chairperson Dr.
Khair-Ul-Nisa would be to have 1 or 2 days in a week to explore the issues which are
pertaining with the children in the District Srinagar, and to promote the dissemination

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of your experience to the general public so that the arising trend of the issues related to
the children will be decreased to some extend.
OUR ANALYSIS
1. The Composition of the Committee was that, the majority of the members comes from
the Law background, we think that the CWC need all the 5 members from the different
subject mentioned in the eligibility criteria of the Juvenile Justice Act. Because the
perspectives of a subject or an expertise or specialization of area matters while deciding,
coordinating needs of plan of action concerned with the protection of the children.
2. Division of labour must be adopted which will definitely leads to the efficiency of an
Organization because we felt that it lacks in the committee somewhere, as we
experienced only one member was doing the most of the work.

Juvenile Justice Board (JJB)
The Juvenile Justice Board is an institutional body constituted under Section 4 of the Juvenile
Justice Act, 2015. According to the division of powers, the subject of administration of criminal
justice has been included in the State List (List II, Schedule VII) of the Indian Constitution.
Therefore, one or more than one Juvenile Justice Board(s) are established by the State
Government for each district. The Board exercises its powers and discharges functions relating
to the ‘child in conflict with law’ as has been defined under Section 2(13) of this Act.
Chapter II of the act deals with juvenile in conflict with law. Section 4 of the act deals with
Juvenile Justice Board. The juvenile justice system is radically different from the criminal
justice system in view of the fact that the juvenile justice system aims to make the juvenile in
conflict with law as a useful member of the society and thus to rehabilitate them.
Powers of Juvenile Justice Board (JJB)
• where a Board has been constituted for any district, such Board shall, notwithstanding
anything contained in any other law for the time being in force but save as otherwise
expressly provided in this Act, have power to deal exclusively with all proceedings
under this Act relating to juvenile in conflict with law.
• The powers conferred on the Board by or under this Act may also be exercised by the
High Court and the court of Session, when the proceedings comes before then in appeal,
revision or otherwise.
Juvenile Justice Act has an overriding effect and all offences including offences under the
NDPS Act, Arms Act, SC / ST Prevention of Atrocities Act allegedly committed by a juvenile

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has to be inquired into by the Board and not by the Courts constituted under the respective
special enactments.
Role of JJB as per Juvenile Justice Act, 2015:
1. Identification of Fit Facility.
2. Identification of Fit Person.
3. Transferring Child to CWC.
4. Receiving a written complaint from the Committee.
Functions of Juvenile Justice Board under Section 8 of J.J. Act, 2015:
• Ensuring the informed participation of the child and the parent or guardian, in every
step of the process.
• Ensuring that the child’s rights are protected throughout the process of apprehending
the child, inquiry, aftercare and rehabilitation.
• Ensuring availability of legal aid for the child through the legal services institutions.
• Wherever necessary the Board shall provide an interpreter or translator, having such
qualifications, experience, and on payment of such fees as may be prescribed, to the
child if he fails to understand the language used in the proceedings.
• Directing the Probation Officer, or in case a Probation Officer is not available to the
Child Welfare Officer or a social worker, to undertake a social investigation into the
case and submit a social investigation report within a period of fifteen days from the
date of first production before the Board to ascertain the circumstances in which the
alleged offence was committed.
• Adjudicate and dispose of cases of children in conflict with law in accordance with the
process of inquiry specified in section 14.
• Transferring to the Committee, matters concerning the child alleged to be in conflict
with law, stated to be in need of care and protection at any stage, thereby recognizing
that a child in conflict with law can also be a child in need of care simultaneously and
there is a need for the Committee and the Board to be both involved.
• Disposing of the matter and passing a final order that includes an individual care plan
for the child’s rehabilitation, including follow up by the Probation Officer or the District
Child Protection Unit or a member of a non-governmental organization, as may be
required.

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• Conducting inquiry for declaring fit persons regarding care of children in conflict with
law.
• Conducting at least one inspection visit every month of residential facilities for children
in conflict with law and recommend action for improvement in quality of services to
the District Child Protection Unit and the State Government.
• Order the police for registration of first information report for offences committed
against any child in conflict with law, under this Act or any other law for the time being
in force, on a complaint made in this regard.
• Order the police for registration of first information report for offences committed
against any child in need of care and protection, under this Act or any other law for the
time being in force, on a written complaint by a Committee in this regard.
• Conducting regular inspection of jails meant for adults to check if any child is lodged
in such jails and take immediate measures for transfer of such a child to the observation
home.
JUVENILE JUSTICE BOARD (JJB) SRINAGAR
A field visit to Juvenile Justice Board Srinagar. it is situated at Harwan area where a juvenile
observation home is located. Earlier the board was located in the Bemina area. The JJB Srinagar
has been established in the year 2018 and it was the first of its kind in the whole Kashmir
province. However the Juvenile Justice Act 2015 was not implemented until the abrogation of
Article 370 in august 2019 by the parliament of India changed the status of the state Jammu
and Kashmir into union territories of Jammu Kashmir and Ladakh. Before Juvenile Justice Act
2015 the Children in need of care and protection and Child in Conflict with Law in the state
J&K were dealt with the Jammu and Kashmir juvenile justice act, 1997. This act of 1997
corresponded to the Juvenile Justice Act, 1986. This paradigm shift has brought a major change
and with the J&K re-organisation act, 2019, as a consequence of which 113 central laws were
extended to the union territory of J&K, Juvenile Justice Act 2015 happened to be one amongst
them. The JJB focuses on the rehabilitation and reintegration of Child in Conflict with Law.
Before JJB Juvenile cases in J&K Were referred to adult courts where they rather mingle with
the general cases related to the adult criminals. This is one of the most important step towards
achieving the target of UN protocol and constitutional mandates.
COMPOSITION OF JJB SRINAGAR :

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JJB Srinagar is composed of a 1 Principal Magistrate and 2 female members [Social :workers]
in accordance with the Juvenile Justice Act.
OBSERVATIONS:
1. The scene of the JJB Srinagar is that, it does not look like a regular court by any means.
There were no elevated daises, no black robed lawyers and no harsh spoken language
that would otherwise haunt the CCL’s in adult courts.
2. According to the members, the board has been recently shifted from Bemina to Harwan
area besides Observation Home. However, it looks inconvenient for the children their
parents and also for the lawyers to reach the board for hearing after getting bailed out
or during the review of the case because of the long distance from the District Court
and problems of public transport etc.
3. The atmosphere of the board is child-friendly, the hearing and the proceedings are taken
in such a manner which does not impacts the child’s physical as well mental capability.
4. If the Child is found guilty, the board cannot punish them with harsh punishments like
death sentence or life imprisonments.
5. The children which are found guilty are sent to the O.H for reformation period in order
to rehabilitate and reintegrate them into the society.
6. Members are facing huge burden of pendency of cases as the Juvenile Justice Act has
been recently implemented in the J&K and there are a huge number of cases which
were not been taken into consideration before the establishment of the board and also
there are still lot of cases which are not disposed off yet because the bailed out CCL
do not turn back for the proceedings.
7. CCL’s are not taken to court rooms anymore so that they do not get the impression that
they are culprits.
8. As the JJB has been recently shifted, it lacks the proper infrastructure.
9. The JJB receives all kinds of cases from stone pelting to murder, robbery, unlawful and
kidnapping etc.


LEARNINGS:
1. We learned that how government is releasing the over burden of cases of judiciary by
creating through different institutions like JJB by conferring them powers and functions
of same like the Children’s Court or High Court for inquiry and disposal of cases.

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2. Also we came to know about how the formal proceeding is going on in JJB in a
child-friendly atmosphere and the fast track system is being preferred in resolving the
issues of CCL.
3. The official terminology used for CCL is different.

SUGGESTIONS:
The JJB should be centrally located in the district Srinagar, so that it can provide the
easier access for families and legal authorities to reach the board, ensuring timely
proceedings of the court which will ensure the increased number of disposal of cases
that will definitely reduce the over burden and pendency of cases.

SPECIAL JUVENILE POLICE UNIT:
Special Juvenile Police Unit (SJPU) is a unit of police officers who is expected as per
the law to exclusively deal with cases of Children in Conflict with Law and Children in
Need of Care and Protection. SJPU are to be trained by the state to work with children.
They are to be set up in every district and be headed by a police officer not below the
rank of a Deputy Superintendent of or above and consisting of police officers not below
the rank of assistance sub inspector with aptitude, appropriate training and orientation
who is known as Child Welfare Police Officer (CWPO). The Juvenile Justice Act also
contemplates the constitution of SJPU to comprise of two social worker having
experience of working in the field of child protection. Special Juvenile Police Unit also
includes Railway police dealing with children.
Role of Special Juvenile Police Unit:
• Child Welfare Police Officer under SJPU is the first person in JJ system with
whom child comes in contact.
• CWPO plays crucial role for children in difficult situations.

CHILDCARE INSTITUTIONS:
1. Observational Homes: An Observation Home (here in after referred to as OH) is a
child-care facility that is “for the temporary reception, care, and rehabilitation of any
kid claimed to violate the law, while an inquiry is pending.” as per Section 47 of the
Juvenile Justice Act 2015, the State Government shall create and operate Observation

29. 29

Homes in each district or set of districts, either independently or through voluntary
organizations or non-governmental organizations (NGOs).
2. Special homes: A Special Home is an institution that is responsible for “housing and
providing rehabilitative services” to children who have been found guilty of a crime
and ordered by the JJB or the Children’s Court to be placed there as defined under
Section 2(56) of the Juvenile Justice Act, 2015. Section 47(1) obliged the State
Government to create and maintain Special Homes also in each district or group of
districts, either independently or through volunteer organizations or non-governmental
organizations (NGOs).
3. Place of Safety: A “Place of Safety” is a child-care facility for children who have been
accused of or found to violate the law as per Section 49 of the Juvenile Justice Act
2015,at least one haven should be established by the state government. Separate
arrangements and facilities should be created for children or people under investigation
and children or people who have been convicted.
MISSION VATSALYA :
Scheme is a roadmap to achieve development and child protection priorities aligned with the
Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and
awareness along with strengthening of the juvenile justice care and protection system with the
motto to 'leave no child behind'. The Juvenile Justice (Care and Protection of Children) Act,
2015 provisions and the Protection of Children from Sexual Offences Act, 2012 form the basic
framework for implementation of the Mission. Funds under the Mission Vatsalya Scheme are
released according to the requirements and demands made by the States/UTs. Mission Vatsalya
scheme supports the children through Non-Institutional Care under Private Aided Sponsorship
wherein interested sponsors (individuals/ institutions/ company/ banks/ industrial units/ trusts
etc.) can provide assistance to children in difficult circumstances. The District Magistrates take
measures to encourage individuals or Public/ Private Sector Organisations to sponsor a child
or a group of children or an Institution. Such arrangements are subject to stipulations as per the
Juvenile Justice (Care and Protection of Children) Act, 2015, and Rules thereof.

SECTION: ‘C’
CHILD PROTECTION SCENAIRO IN DISTRICT SRINAGAR:
The total population of district Srinagar is 12,19,516 as per the Census 2011 out of which
approximately 12% are the child population of the total population. The main focus of our

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field work was child protection scenario in district Srinagar. The DCPU Srinagar always played
an important role related to the children in need of care and protection and children in conflict
with law. They aware people through different awareness programs like providing
counselling to survivors, sponsorship, legal aid and also related facilities to the children. The
role of the authority is to provide a safe, secure and family environment to the children.
Abandoned, surrendered, orphan, victim of abuse, conflict with law are registered in the
suitable institutions for rehabilitation and reintegration. And certain provisions for these
enrolled children are sponsorship, adoption or foster-care.
In district Srinagar children are facing so many issues either the children are in need of care
and protection or children is in conflict with law because of many factors like poverty, lack of
awareness and low literacy rate and other factors as well.
Child labour is one of the problem in district Srinagar, the number of child labourers are high
in district Srinagar mainly in the areas of Batamaloo, Lalchowk, Pantha Chowk and Parimpora
most of the children are outsiders who are working which impacts the local children as well.
In the upper areas of district Srinagar like Fakir Gujri the rate of dropout children is very high
especially of girl students because of lack of resources and also certain socio -cultural notions
related to girl child education. Most of the parents prefer their children to earn livelihood
instead of education and this results in increase in the drop-out rate in district Srinagar.

INSTITUTIONS VISITED DURING FIELD WORK:


Figure 1Pareesha Girls Children Home

31. 31

CHILDREN HOME: PAREESHA (GIRLS)
Pareesha Girls' Children Home, located in Ishber Nishat, Srinagar, is a shelter exclusively for
girls. The home has a current enrolment of 14 children, operating at near-full capacity due to
space constraints in its small building. The primary demographic served consists mainly of
orphans.
• Capacity and Infrastructure: The facility has a maximum capacity of 15 children,
which is currently close to its limit. Despite the space limitations, the infrastructure is
well maintained, child-friendly, and attractive. The building is designed to create a
positive environment, with colourful paintings of clowns and an open gym. A
playground equipped with swings and slides further enhances the recreational spac
• Staff Structure: Pareesha Girls' Children Home employs a diverse staff to meet the
needs of the residents:
1. Superintendent: Oversees the overall functioning of the home. Accountant:
Manages financial transactions and budgeting. Probation Officer: Monitors and
ensures the welfare of the children.
2. Counsellor: Focuses on personality development and addresses social anxiety
among the residents.
3. Educator: Helps in academics.
4. Paramedics: Ensuring the health and well-being of the children.
5. Cook: Responsible for preparing nutritious meals as per the set food menu.
6. House Mother: Provides maternal care and emotional support to the children.
7. Helper: Assists in daily chores and activities.
8. Gate-Keeper: Ensuring security, and safeguarding the well-being of the
residents.

• Exclusively Female Environment: The facility strictly adheres to a policy of not
allowing males on the premises, ensuring a safe and secure environment for the girls.
• Counselling and Personality Development: The counsellor plays a crucial
role in the well-being of the children. The focus is on personality development and
addressing social anxiety issues. Regular counselling sessions contribute to the
emotional and psychological growth of the residents.

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• Food Menu: There is a set food menu in place to ensure the nutritional needs of the
children are met. This helps maintain a balanced and healthy diet for their overall well-
being.
• Home Visits: To maintain a connection with the outside community and foster n
sense of belonging, home visits are available, typically scheduled for two days a week.
This initiative enables the children to maintain relationships with their extended
families or communities.
• Sanitation: The facility prioritizes proper sanitation to ensure a hygienic living
environment for the residents. Adequate measures are in place to maintain cleanliness
and hygiene standards.
• Capacity Limitation: The facility prioritizes proper sanitation to ensure a
hygienic living environment for the residents. Adequate measures are in place to
maintain cleanliness and hygiene standards.
OBSERVATIONS:
1. During my fieldwork at Pareesha Girls Children Home, I noted the presence of a
woman placed in the girls' home who appeared to be a victim of domestic violence.
This situation raises particular concerns, especially considering that Pareesha is
exclusively a children's home. The potential impact on the children residing there is
noteworthy, particularly in terms of the confusion it may generate among them. In a
setting where the primary occupants are children, the introduction of an adult woman
who has experienced domestic violence could pose challenges to the children's
understanding and comfort. The shared living space, such as sharing a bed in their room,
may lead to confusion among the children. They might question why an adult,
especially someone who has experienced domestic violence, is sharing their living
quarters. This confusion has the potential to affect the emotional well-being of the
children, as they may grapple with understanding the complexities of domestic violence
and its implications. It becomes crucial to address this situation delicately, taking into
account the developmental stages of the children and ensuring that they receive
appropriate explanations and support to navigate this unfamiliar circumstance. In such
instances, communication with the relevant authorities and caretakers is essential to
provide clarity for the children and to implement measures that maintain the sanctity of
the children's living environment. Sensitivity and transparency in addressing the

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concerns arising from this observation will contribute to fostering a secure and
nurturing atmosphere for the children at Pareesha Girls Children Home.






Figure 2 Palaash Children Home For Boys

CHILDREN HOME: PALAASH ( BOYS )

Palaash is a place where children from vulnerable sections of society can come and receive
care, education and protection. It is a space where they can find home and build a brighter
future foe themselves. Palaash has been designed to provide a nurturing and supportive
environment for children who are orphans, destitute, abused, and abandoned or come from
trouble backgrounds. Within these homes, a structured routine typically includes education,
recreational activities, and social interactions. Professional care givers work to address the
individual needs of each boys offering emotional support.
Palaash home for boys in Srinagar is located at Ishber Nishat. It is constituted by central
government for those children who are in need of care and protection (CNCP). The home is
being run for the department of social welfare. The sanctioned strength of the children home
for boys is for 50 inmates. Currently there are only 34 boys enrolled who are mostly from Faqir
Gujri area of district Srinagar and some from district Anantnag. The children belong to 07-16

34. 34

years of age. All boys belong to Muslim families except one who is a non-Muslim and he is
from outside UT. Children home for boys pay careful attention to creating a supportive and
nurturing environment through their infrastructure. Bedrooms or dormitories are typically
designed to offer privacy and personal space, allowing the boys to feel a sense of ownership
and security. In children home a religious affiliation is present, practices like Namaz (Islamic
prayers) are incorporated into the daily routine. This can include coordinating daily activities
to ensure that residents the opportunity to full fill their religious obligations.
In Palaash child friendly spaces are available in the context of children home refers to an
environment designed to meet the unique needs of children, providing them with a space,
supportive and enjoyable space to live and grow. Some of the child friendly spaces in children
home Palaash are:
1. Safety and security: The space in home prioritizes the safety and security of the
children. This includes secure entry points well maintained living areas, and proper
supervision.
2. Comfortable living quarters: Living areas are designed to be comfortable providing
personal space for each children with appropriate age furnishing and decorations.
3. Recreational areas: Child friendly spaces often includes recreation areas such as
playgrounds, sports facilities or indoor play rooms. These areas contribute to the
physical well being and social development of children.
4. Health and nutrition: child friendly spaces prioritizes the health and nutrition of the
children, providing balanced meal access to health care and promoting overall well
being.
5. Hygiene and food safety: children home prioritizes hygiene and food safety to ensure
that meals are prepared, stored and served in a clean and safe manner.
6. Educational facilities: access to educational resources helps support the academic
development of the children.

STAFF OF THE CHILDREN HOME FOR BOYS:
The pattern of staff provided by the government for day to day management of this home
includes:
1. Superintendent
2. Educator.
3. Counsellor.

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4. Paramedical staff.
5. Accountant.
6. Tutor.
7. Cock.
8. House father (2, post shifting after 15 days).
9. House keeper.
10. Computer instructor.
11. Gate keeper.

FACILITIES AVAILABLE CHILDREN HOME FOR BOYS :
• Academic schooling and examination: Palaash Children Home provide a structure
and supportive learning environment for children. Academic schooling typically
includes a system of examination to assess students understanding.
• Games and sports- playground for outdoor games: Outdoor games and sports
playground provide a dynamic space for physical activity, recreation and social
interaction . Games and sports in children home is crucial for physical and mental
development.
• Library facilities: Library facilities in children’s home can significantly contribute to
the intellectual and emotional considerations for creating a Library spaces.

1. Diverse book collection.
2. Comfortable reading areas.
3. Quiet study spaces.
4. Reading programs.
5. Regular maintenance.

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• Dining room and dressing room: A dining room in children home is a designated
space where the children gather to have their meals. It includes tables and chairs suitable
for children, creating a Comfortable and child friendly environment.

• Dressing room: Dressing room in children home is a space where the children can
change their clothes. It is designed to provide privacy and a sense of personal space,
allowing each child to manage their clothing needs comfortable.

• Recreational activities: Recreational activities in children home include games, TV,
sports, physical activities, music, etc. It contributes to overall well-being by providing
a balance between work and leisure time promoting physical health, fostering creativity
and enhance social connections.
OBSERVATIONS:
• Sponsorship in the form of cash of rupees 4000 is provided by Mission Vatsalya to
these children in need of care and protection which is directly transferred in the bank
account of these children either through mother’s or their own joint account with any
of the parent, up-to 3 years or until the children reaches to 18 years.
• Parents visit their children whenever they want to. Also, children often visit their
native places on weekends or whenever there is any function or so.
• Monthly health checkups are done.
• The home takes care of the recreational activities of the children’s as well by taking
them on a picnic spot and give them an hour per day to watch t.v.
• Quarterly sports festival is held at the home in which the authority members from
CWC and DCPU are invited to see the growth of these children.
• Security guards and caretakers are managing their responsibilities properly and no one
is allowed to enter anytime without permission.
• A holistic approach is adopted towards the proper growth and development of the
children.
• Health and Hygiene of the children are properly maintained by providing nutritional
support and proper sanitation.

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Figure 3 Observation Home Harwan Srinagar
OBSERVATION HOME : KASHMIR
During our field visit to the Observation Home, situated in Harwan, Srinagar, we had the
privilege to acquaint ourselves with its structure and operations. The facility caters both boys
and girls with a total capacity of 100. Presently, it houses 50 children, comprising 48 boys and
2 girls, falling within the age group of 15 to 18 years. The Observation Home addresses a wide
range of offenses, including murder, rape, kidnapping, stone pelting, petty crimes, anti-national
activities and drug abuse among the enrolled children. The Home emphasizes comprehensive
rehabilitation through individual and group counselling. Basic essentials facilities are provided
to ensure the well- being of the children under its care. The facility adopts a holistic approach
to rehabilitation of children through various measures, aligning with the main principles and
objectives of the Juvenile Justice Act. Family visits are scheduled twice a week, recognizing
the importance of maintaining familial connections during the rehabilitation process. We also
came to know that the staff members conduct a preliminary assessments at IMHANS (Institute
Of Mental Health and Neurosciences) if abnormal behavior is observed in a child. This aids in
determining if specialized counselling or additional support is required. Within the same
premises, we visited the Juvenile Justice Board, a sensitive area where interactions with
children or case studies were restricted to adheres to the principle of confidentiality as per the
Juvenile Justice Act. The visit provided valuable insights into the Observation Home’s
operations, functioning, emphasizing the importance of a child-centric approach in alignment
with the Juvenile Justice Act. The staff was supportive, facilitating our learning within a short
period. The dedication to the best interest of the child is evident, reflecting the main principle

38. 38

and objective of the Juvenile Justice Act and comprehensive rehabilitation services contribute
to the well- being of the children under their care.
STAFF COMPOSITION OF OBSERVATION HOME :
The Observation Home is staffed with a diverse team, including:
1. Superintendent.
2. Child welfare officer/ probation officer.
3. Counsellor.
4. Accountant.
5. House mother.
6. House father.
7. Store keeper.
8. Physical teacher.
9. Paramedical staff.
10. Helping staff.
11.
ROLE AND IMPORTANCE OF OBSERVATION HOME :
1. Observation Home serves as a temporary residential facilities where young people are
housed while their cases are pending.
2. Observation Home evaluate the needs and behavior of young people and offer them a
secure and encouraging environment for reintegration.
3. They offer services like instruction, medical care, counselling, and skill building
programs that are specifically designed to meet the needs of young people.
4. The main goal of Observation Home is to support children physical, mental, and
emotional development and enable their successful reintegration back into society by
providing a supportive environment that focus on rehabilitation rather than punishment.
5. Observation Home ensures the safety, protection, and care of the alleged CCL during
the period of inquiry.
6. Observation Home support the child through the period of inquiry by ensuring that legal
aid is accessible to the child, ensure attendance on every hearing, and explaining to the
child the process and progress on the case.

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OBSERVATIONS:
1. The Observation Home is not well equipped with facilities and other man power to
genuinely achieve the goal of reformation and rehabilitation. It lacks the necessary
infrastructure and fundamental facilities.
2. There is only one Observation Home in Kashmir division at Harwan Srinagar. As we
have already mentioned that the home consists of both boys and girls. There is no
distinct Observation Home for female children, nor there is any segregation based on
their age, maturity or the nature of the crime. As the child becomes older the more
he/she will encourage other children via his own daring acts.
3. In the Observation Home Harwan children between the age of 16 to 18 years who are
conflict with law are not taking the formal education or lack of formal structure of
regular teaching.
4. In this very Observation Home, we have observed that the children in conflict with
law are from the different nature of offences like petty crimes, sexual abuse, murder,
theft and anti- national activities.
5. The strict adherence to confidentiality restricting interactions with children and case-
studies, ensures the protection of their privacy and conforms to legal standards.
6. The practice of facilitating family visits twice a week acknowledges the importance of
maintaining familial bonds during rehabilitation, promoting social reintegration.

LEARNINGS:
1. We learnt the importance of a holistic approach in juvenile rehabilitation, addressing
not only legal aspects but also the psychological, educational, and social needs of the
children.
2. We learnt the diversity of offenses committed by the children.
3. We learnt and understand the value of a multidisciplinary staff, collaborating across
various roles, to create a supportive and nurturing environment for the children in the
Observation Home.
4. We learnt and understand the significance of adhering to legal standards and principles,
ensuring that all activities within the Observation Home comply with the
Juvenile Justice Act and related regulations.

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SUGGESTIONS:
1. In Kashmir divisions there is only one observation home in Harwan area Srinagar, the
administration should take immediate steps for establishing Observation Homes in
every district. This would not only help to reduce the burden on the existing
Observation Home but also ensure that families and legal authorities can reach the
homes in a timely manner for inquiries and proceedings. By having Observation Homes
in each districts it would be more accessible and convenient for everyone involved.
2. It is important to have after care and Special Homes in Kashmir for these children. As
such there is no concept of after care and Special Homes in Kashmir valley, these
facilities would provide the necessary support and long term rehabilitation and also
successful reintegration into society. By addressing their needs after leaving the
Observation Homes these facilities can help to reduce in breaking the cycle of
reoffending.
3. There should be proper segregation based on the nature of the crime, age and sex in
Observation Home. Without proper segregation, there can be negative impacts on the
children as they may be influenced by or involved in criminal activities. By creating
separate spaces for different groups ensures a safer and more supportive environment
for their rehabilitation.
4. The observation Home should be centrally located so that, it can provide easier access
for families and legal authorities to reach the facility, ensuring timely visits and
inquiries. A central location can enhance efficiency accessibility, benefiting both the
children and the system as a whole.
5. The Observation Home should enhance educational programs within the facility to
empower the children with essential skills and knowledge for their future reintegration
into society.

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CONCLUSION:
The field work was based on understanding the functioning of District Child Protection Units
(DCPUs), there linkage with Juvenile Justice Board (JJB) and Child Welfare Committee and
the various services which they are providing to the Children in Need of Care and Protection
(CNCPs) and the Children in Conflict With Law (CCL).
The District Child Protection Units (DCPUs) are tirelessly working for the protection of
children pushed into Child Labour, Children facing Abuse in the Communities, Trafficked
Children, Children affected by any Calamity or Emergency Situations. These Institutes
brought together key stakeholders from many different disciplines, including family serving
organizations, education, employment, human resources and private non-profit agencies.
These institutions rescue children facing various kinds of harms like abuse, neglect,
exploitation, physical danger and violence by executing programmes in remotest parts of the
Kashmir Valley. The Child Protection Units (DCPUs) are driven by the premise of ensuring
happy and safe childhoods for all children.

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BIBLIOGRAPHY:
• Reports of District Child Protection (DCPU) Srinagar.
• Reports of Child Welfare Committee (CWC) Srinagar.
• Prohibition of Child Marriage Act 2006.
https://legislative.gov.in
• Protection of Children from Sexual Offences Act 2012.
https://www.indiacode.nic.in
• Juvenile Justice (care and Protection) Act 2015.
https://cara.nic.in
• Integrated Child Protection Scheme (ICPS portal).
https://wcd-icps.gov.in
• Census 2011.
• A case study of Juvenile Justice Board and lone Observation Home in Kashmir-
Kashmir Reader.
• Legalvidya.com.
• Orphanages see a mushroom growth in Kashmir- report of the Greater Kashmir.
https://www.greaterkashmir.com/gk-top-news/orphanages-see-a-
mushroom-growth-in-kashmir/
https://www.newslaundary.com/2018/108/juvenile-centric-boards-
gaining-ground-in-kashmir.
https://vikaspedia.in/education/child-rights/living-conditions-in-
institutions-for-children-in-conflict-with-law/objectives-and-approaches-
of-child-care-institutions

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