ICPS

Introduction

The Integrated Child Protection Scheme (ICPS) is a comprehensive scheme of the Ministry of Women and Child Development, Government of India, which aims to create a protective environment for children in the country. It is a Centrally Sponsored Scheme which not only brings all existing child protection schemes of the Ministry such as the scheme for street and working children, administration of juvenile justice, etc. under one window but also proposes an increased allocation for child protection programmes in the Union Budget. The scheme aims to significantly contribute to the realization of Government/State responsibility for creating a system that will efficiently and effectively protect children. It is based on cardinal principles of “protection of child rights” and “best interest of the child” and the provisions of Juvenile Justice (Care and protection of Children) Act, 2000 and the Amended Act, 2006 and the rules therein. It promotes the provision of Juvenile Justice Act and the Rules with special focus on adopting child-friendly approach for holistic development, care, protection and treatment of children in need of care and protection and juveniles in conflict with law. The objectives of ICPS are to contribute to the improvement in the well-being of children in difficult circumstances, as well as to the reduction of vulnerabilities, situations and actions that lead to abuse, neglect, exploitation, abandonment and separation of children. The ICPS aims to achieve these objectives through improved access to quality child protection services; raised public awareness on child rights situation and protection in India; enforced accountability for child protection; institutionalization of essential services and strengthening of existing structures; establishment of functional structures at all government levels for delivery of statutory and support services to children in difficult circumstances; evidence-based monitoring and evaluation, enhancement of capacities at all levels; creation of database and knowledge base for child protection services; and strengthening child protection at family and community levels. For more details about ICPS click here- Integrated Child Protection Scheme

Implementation Status

The Government of Rajasthan has signed a memorandum of understanding with the Central Government on 6th January 2010 according to which provisions laid down in the same will be binding on both the parties. The Central and the State Government will jointly share the expenditure for various components in the ratio laid down in the implementation plan which is as follows: 90:10 for all components with non-governmental organisation participation 75:25 for all components in the state except Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs) and NGO run projects 35:65 for the JJBs and CWCs The MWCD sanctioned Rs. 3493.09 lacs under ICPS in the year 2013-14 for implementing the scheme in strengthening child protection mechanisms in the State. The State Government sanctioned Rs. 1200.00 lacs in the year 2014-15 and Rs 2500.00 lacs in the year 2014-2015. The Government has initiated the process of setting up the institutional mechanisms and services according to the objectives and guidelines of ICPS. As of now JJB has been sanctioned and constituted in all 33 districts while the CWC has been sanctioned and constituted in all 33 districts of Rajasthan. Children’s homes and shelter homes are functioning through Government and Non Government Organization to meet the institutional care needs of children in need of care and protection. For children in conflict with law observation homes are functioning in all 33 districts of Rajasthan, while 13 special homes are operational. In addition to these, 20 open-shelters have been sanctioned to address shelter needs of children. The Childline service is functioning in 14 districts of Rajasthan. 37 specialized adoption agencies (33 Government running SAA and 4 NGO Running SAA) are operational in the State to promote adoption in the State. In order to promote other non-institutional rehabilitation options, such as foster care, the Department is working on formulating guidelines. Other institutions such as State Child Protection Society, District Child Protection Unit, State Adoption Resource Agency and have been constituted.

Various Order relating to Integrate Child Protection Scheme

Constitution of Rajasthan State Child Protection Society Constitution of State Adoption Resource Agency Constitution of District Child Protection Unit Constitution of Project Sensation Committee Order for Constitution of Adoption Recommendation Committee Constitution of Gram Panchayat Level Child Protection Committee Constitution of Block Level Child Protection Committee

Target Group

The ICPS focuses its activities on children in need of care and protection, and juveniles in conflict with law and those children in contact with the law. The ICPS also provides preventive, statutory and care and rehabilitation services to any other vulnerable child including, but not limited, to: children of potentially vulnerable families and families at risk, children of socially excluded groups like migrant families, families living in extreme poverty, scheduled castes, scheduled tribes and other backward classes, families subjected to or affected by discrimination, minorities, children infected and/or affected by HIV/AIDS, orphans, child drug abusers, children of substance abusers, child beggars, trafficked or sexually exploited children, children of prisoners, and street and working children.

Childline

Childline is a 24 hour emergency phone outreach service which can be accessed by children in distress especially children in need of care and protection. It is a programme of the Ministry of Women and Child Development being implemented by Mumbai-based Childline India Foundation. The service assists to protect children by helping to rescue them from abuse and exploitative situations, direct them to shelters, medical services, counselling, and repatriation and rehabilitation services. The service can be accessed by children in difficulty or by adults on their behalf by dialling 1098. Established by the Government of India in 1999, it is presently operational in 83 cities across the country. The main objective of the service is to respond to children in emergency situations and refer them to relevant governmental and non-governmental organisations for long-term follow-up care and rehabilitation. It helps in the networking amongst government and non-government agencies in the area of child welfare and strengthening of support services such as hospitals, police, railways etc. for rehabilitation of children. At present Childline is operational in 14 districts of the State including Jaipur, Jodhpur, Tonk, Ajmer, Sawai Madhopur, Jaisalmer, Udaipur, Kota, Alwar, Bikaner, Bharatpur, Dungarpur, Barmer and Bhilwara.

Implementation of JJ Act 2000

The Juvenile Justice (Care and Protection of Children) Act, 2000 and Amendment Act, 2006: It is a comprehensive legislation to provide justice and opportunities for the growth and development to children. The Act is based upon the provisions of the Indian Constitution and four principle rights of the UN Convention on the Rights of the Child. It is an Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation. The Act conforms to the UN Convention on the Rights of the Child, the UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), 1985, the UN Rules for the Protection of Juvenile Deprived for their Liberty, 1990 and all other relevant national and international instruments. It also prescribes a uniform age of 18 years below which both boys and girls are to be treated as children. One of the most important salient features of the Act is that it protects the rights of the person in case the incident occurred when he/she was a child and during the proceedings the person ceases to be a child or in other words attains the age of 18 years. A clear distinction has been made in this Act between the juvenile offender and neglected child. It aims at providing increased accessibility to justice and opportunities to both categories of children by establishing Juvenile Justice Boards and Child Welfare Committees and various categories of homes including observation homes and special homes for juvenile in conflict with law and children’s home and shelter homes for children in need for care and protection. The Act has also created a legal, rehabilitation and social reintegration package through family-based non-institutional care like adoption, foster care, sponsorship, and after care. The Juvenile Justice (Care and Protection of Children) Act, 2000 was amended in 2006. The amendments were brought in to make the earlier Act more comprehensive and augment its implementation in the country. The amendments are mainly concerned with the title, definitions, omission of certain expressions, time stipulation for constitution of Juvenile Justice Boards and Child Welfare Committees, claim of juvenility, procedures of handling the cases of children in need of care and protection and juveniles in conflict with law. The amended Act for the first time clearly provides a definition of ‘adoption’ and has widened the scope of children in need of care and protection by including child beggars and street and working children in this category. The Act enjoins upon the State to establish a Juvenile Justice Board, Child Welfare Committee and a Special Juvenile Police Unit in every District of the State. In order to address the issue of delays in the resolution of cases of juveniles, the Act prescribes that the Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review delays in cases before the Board at every six months, and shall direct the Board to increase the frequency of its sittings or may cause the constitution of additional Boards. It emphasises adoption of child-friendly procedures while dealing with cases of juveniles. The Act directs that no report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school, photo or any other particulars calculated to lead to the identification of the juvenile or child. The Government of Rajasthan has notify Rajasthan Juvenile Justice (Care & Protection of Children) Rule 2011on May 11, 2011 to fulfill all important feature of the Act and providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation. As provided by the Juvenile Justice (Care and Protection of Children) Act 2000, the scheme supports the creation of new institutional facilities and maintenance of existing institutional facilities for both children in conflict with law and children in need of care and protection-Shelter Homes While a large number of urban marginalized children are in need of day care services, there are many others who require residential care for a temporary period for one or more reasons. These include children without parental care, run away children, migrant children, etc. The Juvenile Justice (Care and Protection of Children) Act 2000 empowers State Governments to recognize reputed and competent voluntary organizations, who cater to the needs of such children. The State Government shall provide financial assistance to set up and administer Shelter Homes for such children. These Shelter Homes shall offer day and night shelter facilities to the children in need of support services for a temporary period, while efforts are made to rehabilitate them. In order to facilitate and expedite the setting up of Shelter Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territories.

Children’s Homes

A large number of children in need of care and protection who enter the juvenile justice system through the Child Welfare Committees (CWCs) are in need of residential care and protection during the pendency of any inquiry and subsequently for their long-term care, treatment, education, training, development and rehabilitation. The Juvenile Justice (Care and Protection of Children) Act 2000 empowers the State Government either by itself or in collaboration with voluntary organizations to set up Children’s Homes in every district or group of districts for the reception and residential care of such children. These homes shall serve as a home away from home and provide comprehensive child care facilities to children for ensuring their all-round development. They shall work towards enhancing the capabilities and skills of children and work with their families with the view of facilitating their reintegration and rehabilitation into mainstream society.

Observation Homes

Children in conflict with law who enter the juvenile justice system through the Juvenile Justice Boards (JJBs) are in need of adequate residential care and protection during the pendency of any inquiry regarding them under the Juvenile Justice (Care and Protection of Children) Act 2000. The Act empowers the State Governments to establish and maintain either by itself or under an agreement with voluntary organizations, observation homes in every district or group of districts for their temporary reception. In order to facilitate and expedite setting up of Observation Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territory Administrations.

Special Homes

Children in conflict with the law committed by the Juvenile Justice Boards (JJBs) for long term rehabilitation and protection require institutional services. The State Governments are empowered to establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or group of districts for the reception and rehabilitation of juveniles in conflict with law. Several Institutional Home and Legislative bodies constituted for children of need, care & protection and children/juvenile in conflict with Law are as following- Child Welfare Committee- List of Child Welfare Committee under Section 29 Juvenile Justice Board- List of Juvenile Justice Board under Section 4 Constitution of Special Juvenile Police Unit under Section 63 Constitution of District Level Inspection Committee under Section 35 Constitution of Home Management Committee Constitution of Children Committee under List of Government Children Home under Section 34 List of Non Government Organization (Added and non added) running Children Home under Section 34 List of Government Observation Home under Section 8 List of Government Special Home under Section 9 List of NGO running Open Shelter under Section 37 List of Specialized Adoption Agencies (Government and Non Government) under Section 41