CWC is the competent authority in dealing with the cases of CNCP

From: K Manjula <kilarimanju@gmail.com>
Date: Thu, Dec 22, 2015 at 11:53 AM
Subject:
To: help.org <helpap@gmail.com>  

Some NGOs who are working with children are taking own decision regarding the Care & Protection of children. Without approaching/Producing before CWC. In which way is it correct and how can CWC could be react in this regard?

Dear Madam,

We are thankful to you for your query and here below are the legislatory provisions according to JJ Act, 2000 that defines the necessity of approaching CWC in the matters of Children in need of Care and Protection Services.

CWC is the competent authority in dealing with the cases of CNCP

As per Sec 29 (1) of Juvenile Justice (Care & Protection of Children) Act, 2000 it is prescribed that, the state Government may by notification in Official Gazette, constitute Child Welfare Committee for every district or group of districts, specified in the notification for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.

Further under Sec 31 of JJ Act, 2000 the Powers of Committee have been described that, as per sub sec (1) The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human right and Sub Sec (2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection.

In addition to the above, under Sec 32 of JJ Act, 2000 it is specified that, (1) any child in need of care and protection may be produced before the Child Welfare Committee.

By keeping in view of all above provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 any NGOs or public spirited citizen, law enforcement authority or anybody shall produce/approach Child Welfare Committee in the matters as such related to children in need of care and protection services.

With best regards,

HELP – HOTLINE Resource Team