14. State how Child Welfare Committee is constituted under the Juvenile Justice Act, 2015 and explain the powers of the committee.
Constitution of Child Welfare Committee (CWC) (Sections 27-30):
Establishment: Child Welfare Committees (CWCs) are established under Section 27 by the State Government.
Composition: The Committee comprises a Chairperson and four members, one of whom must be a woman and one an expert on child matters.
Qualifications: Members must have at least seven years of experience in child health, education, or welfare activities, or hold relevant qualifications in fields like law, psychology, or social work.
Oversight: The District Magistrate oversees the committee’s functioning and acts as the grievance redressal authority for any connected issues.
Powers of Child Welfare Committee (CWC):
Magisterial Powers: CWCs have powers equivalent to a Metropolitan Magistrate or a Judicial Magistrate of the First Class.
Meetings: They meet at least 20 days a month to conduct inquiries, hear cases, and address child welfare matters.
Case Management: They have the authority to manage cases related to child care, protection, rehabilitation, and ensuring their rights.
Placement Directions: CWCs can direct the placement of children in foster care, children’s homes, or fit facilities.
Surrendered Children: They ensure that surrendered children are placed in appropriate facilities and certify surrender deeds after a two-month reconsideration period.
Inspections: CWCs conduct monthly inspections of children’s homes and institutions to ensure quality care and services.
Adoption Declaration: They facilitate the declaration of orphaned, abandoned, and surrendered children as legally free for adoption.
Suo Moto Cognizance: CWCs can take suo moto cognizance of cases, ensuring children in need of care are brought to their notice.
Coordination: They coordinate with law enforcement and other departments for child protection.
Case Law – Dr. Sushil Sharma v. State of Haryana (2020): Reinforced the CWC’s role in ensuring the best interests of children, particularly in abandonment and abuse cases.
