Regulatory Landscape
A child is defined in India as any person below the age of 18 years except in case of heinous crimes, where the age group of 16-18 years is also considered an adult. India ratified the United Nations Convention on the Rights of the Child on December 10, 1992. The key Indian ministry for matters related to children is the Ministry of Women and Child Development
CONSTITUTIONAL ARTICLES FOR CHILDREN
- Equality before law [14]
- Prohibition of discrimination [15]
- Abolition of Untouchability [17]
- Protection of life and personal liberty [21]
- Right to education [21(A)]
- Prohibition of traffic in human beings and forced labour [23(1)]
- Prohibition of employment of children under 14 in factories, mines or any hazardous environments [24]
The Juvenile Justice (JJ) Act, 2000 establishes the principles, systems, processes and related statutory bodies to cater to the basic needs of children through proper care, protection, development, treatment and social reintegration. The main statutory bodies defined under the JJ Act are the Juvenile Justice Board (JJB) to manage children in conflict with law, and the Child Welfare Committee (CWC) to manage children in need of care and protection. The Integrated Child Protection Scheme (ICPS) and Protection of Children from Sexual Offences (POCSO), 2012 establish further safety nets and protection systems.
OTHER IMPORTANT ACTS
- The Guardian and Wards Act, 1890
- The Child labour Act Act, 1986
- The Prohibition of Child Marriage Act, 2006
SHELTER Landscape
In 2017 we embarked on a detailed study to understand the Childcare Institutions (CCI) landscape in India, with the objective of accurately quantifying the number of children in institutional care and protection across India.
In the absence of compulsory registration of shelter homes, it was unclear how many shelter homes existed in India, or how many children were in them. The number quoted by various agencies ranged anything from 4 million to 172 million children. With registration now mandatory we are finally getting meaningful visibility, but many shelters are still unaware of the change in regulation, and we expect the numbers of known institutions to keep increasing over the next three years.
Our research partner 101reporters filed RTIs, leveraged grassroots networks of reporters and carried out independent verifications to create a definitive list of childcare institutions across India.
KEY FINDINGS
As of April 2018, we listed 9283 CCIs functioning across the country with 314,702 children. Of the CCIs, 7889 had been registered and the rest were either under process or disputing registration.
We also realised that many others were unaware of the 2015 JJ Act amendment that requires them to register, and estimate that another 6000 are likely to become known over the next few years. Overall we estimate about 15,000 CCIs operating across India, with somewhere in the region of 1 million children institutionalised.
SOLUTIONS FOR CHANGE
All adversity is known to be recoverable at any stage, given enough time and resources. At MAD, we are building a pioneering, holistic, age-transitional model that integrates individual care and attention for children from age 10 to 28, until they’ve achieved stable middle class outcomes as adults.
What Action will you take?
It is never to late to make a difference in a child’s life. If you ever see a child in strife, you can reach out to Childline on 1098 or the Police on 100, who will investigate. To make a difference on a larger scale, you can also help us spread awareness, volunteer, donate or join our team to make a difference.
Simplest of all, just be a champion for children! Sign up to join our care collective and help us build a passionate national family for children at risk.