In a world where children are heralded as the architects of tomorrow, their well-being and protection become paramount. The dynamics of child care institutions, especially under the purview of the Juvenile Justice Act 2015, unfold a critical narrative in the context of Jammu and Kashmir. This article explores the multifaceted aspects of child care institutions, their challenges, and the imperative need for stringent oversight to ensure the welfare and safety of the children they are designed to protect.
Quoting the visionary words of Pandit Jawaharlal Nehru, this article sets the stage by emphasizing the pivotal role children play in shaping the future of a nation. The global scenario of orphaned and unsupported children is contrasted against the stark reality of child mortality due to hunger. In response to these challenges, the concept of Child Care Institutions has been introduced, aiming to provide a safety net for children in need.
Delving into the Juvenile Justice Act 2015, it is argued that Child Care Institutions, encompassing Children Homes, Open Shelters, Observation Homes, Special Homes,
Places of Safety, and Special Adoption Agencies. It delineates the distinction between children in need of care and protection and those in conflict with the law. The act underscores that institutional care should be the last resort, necessitating it only when restoration with family is deemed contrary to the child’s best interest.
However, there are challenges faced by Child Care Institutions, particularly the alarming discrepancy in registration and adherence to regulations. Drawing from a special audit report by the National Commission for Protection of Child Rights (NCPCR), it reveals concerning statistics – a mere 28 percent registration out of 7,163 institutions, with 38 percent lacking sufficient measures to prevent physical and psychological mistreatment. The narrative takes a somber turn as it discusses reported cases of sexual abuse and exploitation within Child Care Institutions across India. Citing examples like the Bihar Sewa Sanklap Evam Vikas Samiti Child Care Institution, where multiple female children faced persistent sexual assault, and an Asylum home where objections led to tragic consequences, therefore, the urgent need for heightened vigilance must be initiated.
J&K’s Path Forward
Following the reorganization of Jammu and Kashmir, there has been noticeable progress in implementing central laws, although concerns have been raised regarding unregistered institutions, particularly those operated by private or religious entities, which may be misusing funds without adequate oversight. It underscores the urgency of bringing such institutions within the purview of the Juvenile Justice Act 2015 for more stringent supervision. Nevertheless, initiatives like Parisha and Palaash, spearheaded by the Indian government, have been commendable. These establishments not only cater to the basic needs of the impoverished and destitute, including food, shelter, and education, but also offer crucial counseling services aimed at fostering positive behavioral changes and enabling them to integrate into society. They share a common goal of aiding the vulnerable and empowering them to achieve significant milestones.
A robust Juvenile Justice System in Jammu and Kashmir is needed. Because, for stringent execution of existing regulations, comprehensive evaluation mechanisms at various levels, thorough background checks of personnel, and regular surprise inspections. The overarching goal is to ensure the well-being, welfare, and successful reintegration of children within the ambit of Child Care Institutions. As we navigate the delicate balance between the welfare of our children and the necessary oversight to safeguard their rights, the administration must rise to the occasion. By prioritizing proper training, coordination among stakeholders, and strict adherence to protocols, we can aspire to create a future where every child in a Child Care Institution is nurtured, protected, and given the opportunity to thrive.
By Sameer Ahmad Khan, currently working as a Superintendent Palaash Shopian (Mission vatsalya Govt. Of Jammu and Kashmir).