Cannot put up children like merchandise, says NCPCR chief on adoption of Covid orphans

As media reports show heart-wrenching stories of children orphaned by the pandemic, social media started blowing up with posts calling for donations and offers for the adoption of such children. But while the public might be sympathetic, such posts and the demand for donation and adoption clearly violate the law.

The Juvenile Justice Act 2000 and the guidelines issued by the Central Adoption Resource Authority are very clear when it comes to children in need of care.

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Any child, who loses their parent, cannot simply be adopted or taken care of by an NGO or any person. Even for family members, there is a clear process in place under the Juvenile Justice Act (JJ Act) before they can assume guardianship of the child.

Under the law, the child will be taken before the district Child Welfare Committee, which would conduct an inquiry regarding the family prospects and consider whether the child can be put under ‘kinship care’- i.e. with family members/friends, or would need ‘institutional care’ and be sent to a childcare home.

Speaking to India Today TV, chairperson, National Commission for Protection of Child Rights (NCPCR), Prashant Kanungo said that the NCPCR has sent letters to all state chief secretaries and the state Child protection Commissions to ensure children are protected as per provisions of the JJ Act.

“The law is not so lax in India that people will need to donate for every orphaned child. There are provisions in place. The District Child Welfare Committees, The Juvenile Justice Committees and Police Child protection Units are there,” said Kanungo.

The NCPCR chief has also said that even adoption is “a well-elaborated process.”

“All these children have to be mandatorily produced before CWC. In India, there is a clear structured mechanism -- every child gets an individual care plan, the social investigation report is made. The CWC takes a decision. Even, when there are families, siblings, there are rules. This pandemic is not the same as the effect of a tsunami, or earthquake where everything has been wiped out. There are several kids who have the right to inherit the property of the parents. Have to ensure the right of the children,” said Kanungo.

While the NCPCR says steps are being taken, NGOs and lawyers said that the government has not moved fast enough to protect the children.

Prabhsahai Kaur, the lawyer for the Bachpan Bachao Andolan, says that the NGO has moved a plea before the Delhi high court on the issue, as the Government has not created enough awareness to battle the social media misinformation.

“While people might be well-meaning, you cannot put up children like merchandise. There is an entire system in place. It’s a colossal failure of the government if there is any child at risk because people don't know what the process is. The DCPCR has issued one advertisement. We expected the government to pre-empt the issue,” said Kaur.

Recently, the NGO had to rush to get help for a 17-year-old, whose relatives were “asking for the family property papers before they would agree to keep him in their home. Kaur says that many similar cases may be falling through the cracks. “BBA has been receiving a lot of complaints. That is why CWC has to be involved even where there are relatives. There would be thousands of kids by now in such vulnerable position,” says Kaur.

On April 30, a letter was issued by the secretary of the Ministry of Women and Child Welfare (MWCD), to all state chief secretaries, with orders to direct all district magistrates to “ensure that immediate action is taken for rehabilitation of Covid-19 orphaned children.”

The MWCD also directed all state governments to ensure that any information relating to children, who have lost both parents should be sent to Childline, so that the steps can be taken to contact the child and ensure monitoring of their well-being.

Following this, on May 4, the Delhi government has set up a task force at the district level, with the district officer of the Women and Child Welfare Department (WCD) as the nodal officer, to take cognizance of “any news/message circulated on digital platform/media/ statutory bodies regarding abandonment of children, any person offering or receive a child through illegal means and take immediate action in coordination with the Childline, Local Police and ACP of Juvenile Security Cell.”

The WCD notification says that there is “an unfortunate trend of perpetrators becoming active to exploit the situation. Children are thus put at greater risk of being sold, trafficked and placed in an illegal adoption.”

The NCPCR has also asked all states to take action against social media posts that spread misinformation about child adoption.

“I request NGOs not to create panic. People need to understand the Juvenile Justice Act and bring the kids to the Child Welfare Committee and JJC. The JJCs have magistrate powers. The process needs to be strictly followed,” said Kanungo, adding that “People are misusing the tragedy to collect money from the public.”

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