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Status of Implementation and Functioning of ICPS & Child

Protection Mechanisms in Kerala

JITHIN.T

Student Social worker

Department Of Social Work

Amrita Vishwa Vidyapeetham

Kollam Kerala

India

Abstract

Child Protection is about protecting children from or against any real danger to their life and

childhood. It is about reducing their vulnerability to any kind of harm and in harmful

situations. As a developing country like India Child protection gains its importance because

of the largest population of children in the world. For full filling the effective child protection

needs, the country launched the umbrella programme Integrated Child Protection Scheme

(ICPS) in 2009, clubbing with different child protection programmes and mechanisms also

ensuring the service of community, Non-government organizations and individuals who

working in the field of Child Protection.

This paper studies about the current status and implementation of ICPS in Kerala state. The

Paper also critically discussing about the functioning of child protection mechanisms and

major child right issues in Kerala.

Key Words: Child Rights and Protection, Protection Scheme, ICPS, child protection

mechanisms

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INTRODUCTION

This, we are told, is the century of the child. More than ever before, the world is

child-oriented. Our children need better Care, schools, better health care, and better homes

and Protection. The total world population of the children is around 6.916 billion. India’s

total population is 1.2 billion, of whom 45% are children. Every year, an estimated 26 million

children are born in India. With more than a third of its population below the age of 18, all

this makes India becomes largest child population in the world.

Children’s the citizens of Future as well as today, thus state cannot deny their rights today,

but children’s are more vulnerable due to their age as well as other adverse socio economic

circumstances. In India a large level of children’s faces difficult conditions and they need

immediate care and protection. Children are the most vulnerable section of a society. And the

primary responsibility of the care and protection is vested in the hands of the state rather than

the family. Child rights are meaningless unless government provides remedies when they are

violated. When viewing within a right based framework, the challenge before every system or

community is ensuring the child right to survival, protection, development and participation

without delay. Right based approach allows the state to step in and serve as a guardian for

children. Child protection involves intervention programmes, policies and legislations to

prevent the neglect, abuse, violence and exploitation of children. The current Policies and

schemes in the area of child protection is indicating the duty of the State as a primary duty

bearer and the development of a preventive, community oriented and family based approach

towards child protection. The ineffective performance of the Government as a primary duty

bearer, it creates various kind of Child right issues across the country, as a coping mechanism

for the better service, Government of India established the ICPS scheme.

Child protection is a global concern after the ratification of the United Nations Convention on

the Rights of the Child. And in 1992 India signed the document and it helps to hike the

relevance of child protection in India. As per the UNCRC a child is below the age of 18

years. One third of the Indian population involving person below the age of 18 years and

among this 45% of them are facing different kind of difficulties related to their protection.

While considering all this need and importance In 2009 Government of India launch a new

programme called “Integrated Child Protection Scheme - ICPS”.

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Children’s in India- Ground realities

India has the largest young population in the world. Around 42 crore children’s are

living in India.

Only 35% of births are registered, impacting name and nationality.

One out of 16 children die before they attain the age of 1, and one out of 11 die before

they are 5 years old.

35% of the developing world’s low-birth-weight babies are born in India.

40% of child malnutrition in the developing world is in India.

The declining number of girls in the 0-6 age-group is cause for alarm. For every 1,000

boys there are only 927 females -- even less in some places.

Of every 100 children who enroll, 70 drop out by the time they reach the secondary

level.

Of every 100 children who drop out of school, 66 are girls.

65% of girls in India are married by the age of 18 and become mothers soon after.

India has the world’s largest number of sexually abused children, with a child below

16 raped every 155th minute, a child below 10 every 13th hour, and at least one in

every 10 children sexually abused at any point in time.

Total of 46% children from ST and 38% SC out of school.

Children’s in Kerala

Incidence and rate of Juvenile Delinquency is increasing from 22740 to 25125 from

the year 2010 to 2011. Among this 57% belonged to the poor families whose annual

income was up to Rs. 25,000.

Till 2013 around 44400 more children’s are brought before the Cwc’s and JJB’s in

Kerala. 90% of them are from the economically weaker sections of the families such

as SC/ST, Adivasi, Costal communities.

The status of Tribal children in Kerala around 30179. Among this 75 % of tribal

children are lagging Primary education

The status of children living in Costal Areas of Kerala is around 60393.

Integrated Child Protection Scheme – ICPS

ICPS is an umbrella programme mainly clubbed several child protection schemes under one

single scheme. It mainly focused on government, civil-society, and NGO partnership on child

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protection. The Integrated Child Protection scheme was introduced in 2009-10 by the UPA

government with the aim to improve the wellbeing of children in difficult circumstances, as

Reference: Report: “Children in India- A Statistic Appraisal 2012” -GOI

A Case study on the School dropout Scheduled Tribal students of Wayanad District, Kerala Jobin Joy

An Over View of Kerala Fisheries - with Particular Emphasis on Aquaculture

well as to the reduce vulnerability situations and abuse, neglect, exploitation, abandonment

and separation of children from their families and trafficking. This scheme is being

implemented from the financial year 2009-10 through the State Governments/ Union

Territory Administrations.

In 2006 the Ministry of Women and Child Development (MWCD) proposed the adoption of

the Integrated Child Protection Scheme. In 2009 the central government gave the scheme its

approval and has begun the extensive task of providing children with a protection and safe

environment to develop and flourish. GOI has proposed to combine its existing different child

protection schemes under one integrated scheme. It aims to provide for care and protection of

all the children in conflict with law and children in need of care and protection.

ICPS proposes to involve steps to:

Strengthen families and prevent them from breakup and children becoming

homeless and without care and protection.

Provide support to children already outside the mainstream, beginning from

emergency outreach services to final rehabilitation with their families/ society.

History of Child Protection in India: An overview

India as a developing country is known to 1.2 billion people, which make the second most

populous country in the world. As per the recent census, 50% of the current population is

between the ages of 0-25. Every year an estimate of 26 million children are born in India.

India has made significant commitments towards ensuring child rights and child protection.

There have been positive indicators in Infant mortality rates are decreasing, child survival has

improved, literacy rates are improved, School dropout rates are fallen etc.

But the issues of child right violations are prevalent in India. Child protection issues like

Child abuse, domestic violence, child trafficking, sexual harassments and abuse, etc are

reported throughout the country alarmingly. The crime against children’s also increasing.

Most of the cases, proper intervention is not possible due to the lack of political reasons and

ineffective Legal mechanisms.

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The child rights and welfare concerns have been addressed in a number of International

Conventions, Standards and Declarations, including the UN Convention of the Rights of the

Child (UNCRC) 1989.

India has adopted a number of laws and formulated a range of policies to ensure children’s

protection and improvement in their situation. The Constitution of India recognizes the

vulnerable position of children and their right to protection.

For ensuring the child rights and welfare the government of India Passed different laws like

Guardian and Wards Act 1890, Factories Act 1948, Hindu Adoption and Maintenance Act

1956, Probation of Offenders Act 1958, Bombay Prevention of Begging Act 1959,

Orphanages and Other Charitable Homes Act 1960, National Policy for Children 1974,

Bonded Labour System (Abolition) Act 1976, Child Marriage and Restraint Act 1979,

Immoral Traffic Prevention Act 1986, Child Labour (Prohibition and Regulation) Act 1986,

National Policy on Education 1986, Prevention of Illicit Traffic in Narcotic Drugs and

Psychotropic Substances Act 1987, National Policy on Child Labour 1987, Infant Milk

Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and

Distribution) Act 1992, National Nutrition Policy 1993, Pre-natal Diagnostic Techniques

(Regulation and Prevention of Misuse) Act 1994, Persons with Disabilities (Equal Protection

of Rights and Full Participation) Act 2000, Juvenile Justice (Care and Protection of Children)

Act 2000, National Health Policy 2002, National Charter for Children 2004, National Plan of

Action for Children 2005 ,Commissions for Protection of the Rights of the Child

2005.Protection of childrens from Sexual offenses Act 2012.

Several constitutional provisions protect children in India, among them:

Article 15 affirms the right of the State to make special provision for women and

children.

Article 24 provides that no child below the age of 14 shall be employed to work in

any hazardous employment.

Article 39 (e) of the Directive Principles of State Policy provides that children of

tender age should not be abused and that they should not be forced by economic

necessity to enter vocations unsuited to their age or strength.

Article 39 (f) requires children to be given opportunities and facilities to develop in a

healthy manner and in conditions of freedom and dignity, and that childhood and

youth be protected against exploitation and moral and material abandonment.

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Article 45 of the Directive Principles of State Policy provides for free and compulsory

education for all children until they complete the age of 14.

Existing Central child protection programmes in India under ICPS

The existing institutions and programmes for child protection in India primarily starts from

the provisions under the National Policy for Children, 1974 Juvenile Justice (Care and

Protection of Children) Act, 2000, National Charter for Children, 2003 and National Plan of

Action for Children 2005. These comprise several programmes and schemes implemented by

different ministries and departments among which are:

i. A Programme for Juvenile Justice for children in need of care and protection and

children in conflict with law. The Government of India provides financial assistance

to the State Governments/UT Administrations for establishment and maintenance of

various homes, salary of staff, food, clothing, etc. for children in need of care and

protection and juveniles in conflict with law. Financial assistance is based on

proposals submitted by States on a 50:50 cost sharing basis.

ii. An Integrated Programme for Street Children without homes and family ties. Under

the scheme NGOs are supported to run 24 hours shelters and provide food, clothing,

shelter, non-formal education, recreation, counselling, guidance and referral services

for children. The other components of the scheme include enrolment in schools,

vocational training, occupational placement, mobilizing preventive health services

and reducing the incidents of drug and substance abuse, HIV/AIDS, etc.

iii. CHILDLINE Service for children in distress, especially children in need of care and

protection so as to rescue them from abuse, provide shelter to them, medical services,

counselling, repatriation and rehabilitation.

iv. Scheme for Assistance to Homes for Children (Shishu Greha) to Promote In-Country

Adoption for care and protection of orphans/abandoned/destitute infants or children

up to 6 years and promote their in-country adoption.

v. Scheme for Working Children in Need of Care and Protection for children kept as

domestic child labour, working at roadside dhabas, mechanic shops, etc. The scheme

provides for bridge education and vocational training, medicine, food,

recreation/sports equipments, etc.

vi. Rajiv Gandhi National Creche Scheme for the Children of Working Mothers in the

age group of 0-6 years. The scheme provides for comprehensive day-care services

including facilities like food, shelter, medical, recreation, etc.

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vii. Pilot Project to Combat the Trafficking of women and Children for Commercial

Sexual Exploitation in source and destination areas for providing care and protection

to trafficked and sexually abused women and children.

Child Protection in Kerala: An overview

Kerala is one of the most leading developing state in India, having higher positive indicators

in child protection comparing to other Indian states. As in most social sector indicators,

Kerala tops the national child rights index, followed by Karnataka. Kerala's child marriage

indicator is the lowest, and the State's performance is far from satisfactory in early childhood

care and crimes against children’s in Kerala, which ranks first in the national child rights,

stands ninth in its Gross Domestic Product.*

Reference: * http://www.thehindu.com/news/national/kerala-tops-child-rights-index/article2612302.ece

In Kerala the child protection programmes and services are co-ordinate through Social Justice

Department of the Government of Kerala. The children’s homes and observation homes were

established before 1980.The homes existed even before the establishment of the social

welfare department. After the formation of the Social justice department homes were brought

under its control. ICPS established with an objective to provide a protective environment for

overall development of children. Failure to protect children has serious consequences for the

physical, mental, emotional and social development of the child, resulting in a loss of

productivity, quality of human capital, values and the social wellbeing of society.

The ICPS focuses its activities on children in need of care and protection. I e Homeless or

abandoned, mentally, physically or terminally ill;, abused or exploited, have no means of

subsistence, victims of armed or civil conflict, staying with parents / guardians who are unfit

–physically, mentally and economically - to look after them, and are in vulnerable

circumstances.

Children in Conflict with Law are those who have allegedly committed an offence. Children

in contact with Law are those who have come in contact with law either as a victim or as a

witness or due to any other circumstance. The ICPS provide preventive, statutory care and

rehabilitation services to vulnerable children including those from potentially vulnerable

families and families at risk, children of socially excluded groups like migrant families,

families living in extreme poverty, SCs, ST & OBCs 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 street & working children.

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The services of ICPS are being delivered through the established functioning structure

mandated by the Juvenile Justice act 2006, at all government level and statutory structure

such as;

• State Child Protection Society (SCPS)

• District. Child Protection Units (DCPU)

• Child welfare Committees (CWC)

• Juvenile justice Board (JJB)

• Special Juvenile Police Units (SJPU)

For effective implementation of ICPS Scheme, the programme aims to connecting the

services Govt. & Non – Govt. and private sector organizations, expert institutions & expert

individuals who working in the field of child protection, by providing institutional and non –

institutional protection services for children.

For the effective implementation of ICPS scheme at district level Dist. Child Protection

Societies are formulated in each District headed by District Collector. For implementation of

the scheme, recruitment at State level structures is completed and all District Level structures

are completed.

Child Protection Programmes of Kerala Government under ICPS

I. Institutional services provided by the Government of Kerala under ICPS

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 are in need of

residential care and protection during the pendency of any inquiry or for their long-

term care, treatment, education, training, development and rehabilitation. Children’s

homes are established for taking care of these children’s. Currently in Kerala Social

Welfare Department maintains 8 Children’s Homes to safeguard the rights of children

in need of care and protection.

Observation

Children in conflict with law who enter the juvenile justice system through the

Juvenile Justice Boards are admitted in the observation Homes as per the guidelines

of JJ 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

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districts, the scheme shall provide financial support to the State Governments and

Union Territory Administrations. Currently Government of Kerala established

Observation homes and JJB’s in all the 14 districts.

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 organizations, currently 2 special Homes are established

in kerala, in Trivandrum and Kozhikode.

Special Home for Children

This is meant for the rehabilitation of children who have involved in

crime and when the case is disposed by the Juvenile Justice Board and there is no

other provision other than placing the child in a correctional setting.

Children's Home (Normand)

This Home is meant for 50 numbers of Non-infected and healthy children of

leper patients and destitute children.

Balasadan

This Home is meant for Destitute Children who are way wards and strays

between the age of 4 and 16. Sanctioned number of inmates of these institutions is

100 each.

Sanadha Balyam

Sandhya Balyam is established in 2007 by the Social Justice Department

Sanadha Balyam in April 2007 to facilitate the adoption of children from various

recognised orphanages in the State. The scheme aims at providing foster care

placement for orphaned or abandoned children and its major achievement has been

that child-care centers in the State now know what to do with the adoptable children

they shelter. After 2009 the programme clubbed with ICPS.

Open shelters for children in need in urban and semi-urban areas

The large numbers of homeless children, pavement dwellers, street and

working children and child beggars, left on their own and in need of care and support,

is an urban phenomena of great concern. Currently in Kerala 3 open shelters are

established for the children’s around 214 childrens are rehabilitated in this Homes,

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Open shelters are established by the co-operation of the Ngo’s and civil society

organizations by the financial support.

II. Non institutional services provided by the Government of Kerala under ICPS

Sponsorship

Sponsorship programmes are delivered to the children in need of care and

protection. Many children are at risk of abandonment, exploitation, neglect and

destitution because of poor socio-economic conditions of their families. Poor families

often place their children into institutional care as a poverty coping measure. For

avoiding this forceful institutionalization due to the lack of Educational, medical

health care assistance, Government of Kerala provides financial assistance for the

most vulnerable families with a view to preserving the children’s with their family.

Foster-care

Fostering is a short-term placement of a child in a protective environment.

Fostering is a process whereby a child lives, usually on a temporary basis, with an

extended or unrelated family member. Such an arrangement ensures that the birth

parents do not lose any of their parental rights or responsibilities. Fostering mainly

focusing on the long term parental care.

In Kerala fostering processes are co-ordinate by the Child Welfare Committees, in

each District level, under the legality of Juvenile Justice Act 2006.

Adoption

Adoption is a process through which a child who is permanently separated from

biological parents because her/his parents have died, or have abandoned or

surrendered her/him, becomes a legitimate child of a new set of parent(s) referred to

as adoptive parents with all the rights, privileges and responsibilities that are attached

to this relationship.

Central Adoption Resource Agency (CARA) is the nodal agency for coordinating the

work and has been primarily engaged in streamlining inter-country adoption. The

adoption prosess only done through Special adoption Agencies recognized by the

central government and the Child Welfare Committees. Currently 8 SAA are

recognized under the ICPS in Kerala.

After-care

The Juvenile justice Act, 2000 provides institutional care for juveniles in

conflict with law and children in need of care and protection up to the age of 18 years.

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However, most of the children in care have nowhere to go once they reach the age of

18 and are discharged from their institutions. Currently 3 after care homes are run by

the Government of Kerala under the ICPS.

Child line

Child line is a national emergency toll free phone outreach service for the

children in need of care and protection operates on the 1098 number, and is

supported by the ICPS, Government of India and works in partnership with state

governments, NGOs, and Corporate Sector. Child line India Foundation has been

appointed as the Mother NGO for setting up, managing and monitoring the Child line

1098 service all over the country. At present Child line is operational in 82

cities/districts in India. In Kerala Child line is functional in 9 districts, of which

Trivandrum, Kochi, Thrissur, Calicut, Wayanad are supported by Government of

India, and Kannur, Kasaragod, Malappuram and Palghat are supported by

Government of Kerala. The Government of Kerala has started supporting Child line

service in Malappuram, Kasaragod, Palghat and Kannur in 2007-08 for which funds

have been routed through Child line India Foundation.

Snehapoorvam

The statistics reveals that in Kerala, around 75,000 children below 18 years are

living in orphanages. Around 1500 orphanages are functioning in Kerala. Almost 80-

90% of the children in orphanages have families and relatives. Kerala Government

has launched an initiative “SNEHAPOORVAM” to provide financial support to

orphans who are living in the family, with their relatives, friends, or the support of the

community under the Social welfare Department implemented through Social

Security Mission. The mission has initiated the project that aims at bringing these

children to the main stream of the society.

Status of statutory support services in Kerala under ICPS

1. Child Welfare Committees (CWCs):

The JJ Act , 2006 rmakes it mandatory to establish one Child Welfare

Committee in each district as the final authority to dispose of cases for the care,

protection, treatment, development and rehabilitation of children in need of care &

protection and to provide for their basic needs and protection of rights. For the

effective implementation of ICPS , Government of Kerala established Child welfare

committees in all the 14 districts of Kerala.

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2. Juvenile Justice Boards (JJBs)

The JJ Act, 2006 makes it mandatory to have one Juvenile Justice Board in

each district to deal with matters relating to juveniles in conflict with law.

For the effective implementation of ICPS, Government of Kerala established Juvenile

Justice Boards in all the 14 districts of Kerala.

3. Special Juvenile Police Units (SJPUs)

The Juvenile Justice Act 2000 provides for setting up Special Juvenile Police Units in

every district and city to coordinate and upgrade the police interface with children. All

the police officers, designated as juvenile/child welfare officers in the district or city,

are members of the SJPU.

Currently Special Juvenile Police Units are constituted in Kerala in District level. This

team is headed by the Crime detachment DYSP.

Child care institutions in Kerala

ICPS is basically a Government-Non government partnership programme, because of that the

benefits of the programme being delivered through the help of the civil society organizations

and Government distribution systems.

Government Run Institutions: Below is the information regarding the children’s homes

under the control of the Kerala state social justice department.

LIST OF GOVT. RUN HOMES*

SL

N

O

NAME AND

ADDRESS

OF HOME

DISTRICT

TYPE

OF

HOME

CAPACI

TY

ACTUAL

NO.OF

CHILDREN

AS ON 1ST

APRIL 2013

Boys Gir

ls

Boys Girls

1 Poojappura Thiruvananthap

uram

C H 50 90

2 Beach Road Kollam ,, 100 65

3 Vayalithala Alappuzha ,, 30

4 Thiruvanchiyo

or

Kottayam ,, 100 100

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5 Kakkanadu Ernakulam ’’

(Girls)

50 100

6 Ramapuram Thrissur C H 100 90

7 Vellymadukun

nu

Kozhikode ’’ 100 150

8 Vellymadukun

nu

Kozhikode ’’

(Girls)

10

0

190

9 Poojappura Thiruvananthap

uram

O H 25 8

10 Beach Road Kollam ’’ 25 6

11 Vazhayila P O Pathanamthitta ’’ 25 1

12 Mayithara Alappuzha ’’ 25 5

13 Thiruvanchyoo

r

Kottayam ’’ 25 2

14 Kakkanadu Ernakulam ’’ 25 2

15 Ramavarmapu

ram

Thrissur ’’ 50 2

16 Muttikulangar

a

Palakkad ’’ 25 7

17 Thavanoor Malappuram ’’ 25 1

18 Vellymadukun

nu

Kozhikode ’’ 25 1

19 Vellymadukun

nu

Kozhikode ’’

(Girls)

50 0

20 Kaniyambatta Wayanadu O H 25 2

21 Chirakkara Kannur ’’ 25 4

22 Paravanadukka

m

Kasargodu ’’ 25 2

23 Poojappura Thiruvananthap

uram

S H 20 7

24 Vellimadukun

nu

Kozhikodu ’’

(Girls)

20 0

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CH: Children’s Home, OH: Observation Home, SH: Special Home, ACH: After care Home

SPECIALISED ADOPTION AGENCIES (SAA)-under ICPS*

Sl

No

Name and Address of SAA

NGO /

Govt

Capacity

Actual No: of

children as on 1st

April 2013

Boys Girls

1 Kerala state child welfare

council, Trivandrum-UNIT

1

NGO 25 25 28

2 ’’ UNIT-2 ’’ 25 6 1

3 Shishu Bhavan,sisters of

Nazrath,Eranakulam

’’ 25 1 2

4 Anandha Bhavan Foundling

Home,Palakkad

’’ 20 5 4

5 Divine Provident foundling

Home

’’ 20 2 0

25 Anchalumood

u

Kollam ACH

(Girls)

10

0

25

26 Vellimadukun

nu

Kozhikodu ’’ 10

0

64

27 Chirakkara Kannur ’’ 100 12

28 Vellimadukun

nu

Kozhikodu Home for

Mentally

deficient

25 25 15 5

29 Chirakkara Kannur Home for

Physicall

y

disabled

25 25

30 Cherthala Alappuzha ’’ 25 25

TOTAL

1045 44

5

650 385

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6 Sai Niketham Foundling

Home, Thrissur

’’ 20 6 4

7 St:joseph Foundling Home,

Thrissur

’’ 25 1 3

8 Deena sevana sabha,Sneha

Niketham

’’ 20 8 5

Open shelter’s in Urban & semi urban areas under, NGO Run*

Reference: * Minutes of the 38th PAB Meeting under ICPS held on 17/01/12

Kerala Orphanages: Charity as a New Business

Kerala has around 1800 orphanages, recognized by the State Orphanage Control Board.

Around 75000 children’s are living in these institutions. Most of them are established and

running without meeting the legal requirements of the Norms of Juvenile Justice Act and the

Orphanages Control Act 1960, most of the institutions are run by the minority-Religious

organizations. The recent incidents happened in Kerala, shows that a large scale child

trafficking from Bihar, Jharkhand, West Bengal to orphanages in Kerala, by promising free

education and lodging. The recent reports reveals that the racket of child trafficking in the

name of charity is prevalent in Kerala, the reports says that the illegal trafficking is aiming to

get more financial Support from the Middle East Arab countries and Grand in Aid from the

Sl

No

Name and Address of the

NGO

Location of

the shelter

Capasity Actual No:of

children as on 1st

April 2013

Boys Girls

1 Don-Bosco Veedu society Thampanoor

Trivandrum

25 Nil 17

2 Association for welfare of

Handicapped

Free Birds

up school -

Calicut

40 46 0

3 Dream open shelter Home Dreams

Bhannu

Road

Chalad,

Kannur

50 81 70

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Government. The second foremost aim is to demanding new divisions, Batches and posts for

new teachers by admitting this trafficked children’s in their schools and claim the

government grants by the strength of the trafficked children’s.

The child trafficking issues are become vibrant, when a group of children around 600 were

detained by the Railway Protection Police in Palakkad. Soon this incident reveals that the

children’s were trafficked to two Muslim Orphanages in Malappuram and Kozikkodu. The

children’s were travelling with fake identity cards provided by the Orphanage and they

carrying fake Adahar cards ,fake Permission letters from the CWC’s of Jharkhand, Bihar,

West Bengal. This facts reveals that a strong Child trafficking Mafia working for the

Orphanages in Kerala. Later the enquiries reveal that most of the orphanages brought

children’s from other states to keep their institutions running. The investigations conducted

by the Kerala Police on this Child Trafficking become freezes, because of the political

pressures. Most of the institutions are established and runs by a minority religious group, and

supported by a religious Political Party called Indian Union Muslim League, which part of

the Kerala government. However even the reports of the Orphanage control Board on the

issue of Child trafficking framed to help the trafficking organizations, because of the

communal views of the members.

The later report on this issue reveals that these organizations get financial contribution from

foreign countries and Grand in Aid from the Government. It is a clear violation of the

provisions of the Orphanages control Act 1960. Because there is no provision for granting

government financial Aid for those organizations which receiving foreign money. Also the

report of the Local Fund Auditing (LFA) criticize that the Kerala Social justice department

help the fraudulence of these organizations by granting money without proper supervision

and validation of documents.

The current scenario in Kerala shows that no government had taken action against the

powerful orphanage trafficking lobby as they had political and religious backups. In fact

most of the organizations run these charity orphanages as a cover for their illegal activities.

Total Number of Orphanages registered under the Kerala Orphanage control Board,

which eligible For the Grant-in aid. *

Sl No: Districts Total No: of

orphanages

registered under

Strength fixed

for Grant-in

Aid by Kerala

Estimated

Grant in Aid

for 1 Year

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the Orphanages

Control Board

government

1 Thiruvananthapuram 23 1787 2144400

2 Kollam 19 1666 1999200

3 Pathanamthitta 5 280 336000

4 Alappuza 13 1077 1292400

5 Kottayam 56 3324 3988800

6 Eranakulam 56 5158 6189600

7 Thrissur 61 7621 9145200

8 Idukki 22 1325 2915000

9 Malappuram 41 6428 7713600

10 Palakkad 27 2795 3354000

11 Kozikkodu 33 5608 6729600

12 Wayanadu 16 1398 1677600

13 Kannur 38 2731 3277200

14 Kazargod 9 866 1039200

Total

419

42064

50476800

ICPS funding on Union Budget during 2009-2015

Funding Pattern: ICPS is a centrally sponsored scheme and shall be implemented through

the State/UT .The total bulk funding from the Central Government distributed towards each

states based on the recommendations of the Project Approval Board (PAB). State/UT shall in

turn provide grant-in-aid to voluntary organizations under the different components as per the

requirements.

Reference*: Official website of Kerala Orphanage control Board:

Tehelka Magazine, Volume 11 Issue 40, Dated 4 October 2014

Years Total Union

Budget (in

crores)

Total Funding for

ICPS(in crores)

% Of Child Budget in

Union Budget

2009-10 43736 59.36 4.28

2010-11 53941 115.13 4.17

www.ijellh.com 463

2011-12 52433 177.5 4.87

2012-13 66634 273.8 4.76

2013-14 72496 300.68 4.56

2014-15 69888 400 4.52

2015-16 57919 402.23 3.26

ICPS Central Funding for Kerala during 2009-2016

Year Central Allocation for ICPS(in crores)

2009-2010 1.491

2010-2011 3.202

2011-2012 3.341

2012-2013 5.10

2013-2014 4.797

2014-2015 7.035

2015-2016 ---

Reference: Ministry of Women & child welfare http://wcd.nic.in/icpsmon/pdf/sanctions/san_kerala_26feb2014.pdf

Press information Bureau -Government of India

Conclusion

ICPS is an important initiative established by the Government of India to enhance the care

and protection of the vulnerable childrens India. ICPS serves different kind of safe guards for

the children. ICPS started in 2009 and now it reaches all over the Indian states for delivering

its services through its specific mechanisms. The implementation process of ICPS is a

difficult task but almost all the states completed the statutory requirements for the effective

functioning of the ICPS. Currently as per the reports, the crime against women and children

are increasing, also the number of juvenile delinquents are increasing. More and more

children came in to the Juvenile system. All this facts are bit desperation.

However different types of drawbacks are identified in the Implementation of ICPS in kerala.

The most of the schemes are developed for focusing the problem affected children’s. No

preventive schemes are developed for reducing the risk of vulnerabilities. Government

policies also concentrated on the rehabilitation of children’s in government Homes, nor

preserving them in the Biological family. There were no such schemes focusing on building a

Protective environment for the overall development of the Child, such as good food, security,

better family care, and better medical care.

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The implementation Of Juvenile Justice Act and other laws regarding the child protection in

Kerala are very poor. Besides forming the State child protection Unit and District Child

Protection Units. Even the Kerala Juvenile justice Rules were passed after the 10 years of

2006 amendment. Even now the doubts on the JJ Kerala Rules are not yet clarified by the

Kerala Government to the public. The most important criticism about the JJ Kerala rule is

which is framed for helping the Ngo’s and other Orphanages.

Commissions for protection of Child Rights are established in each state for the protection of

the child rights. But in kerala child rights commission is not at all co-coordinating with ICPS.

Even the Child Rights commission doesn’t have a Chairperson till March 2015 from mid-

2014.

The infrastructure facilities provided for the CWC’s, JJB’s, DCPU’s , under the ICPS is very

limited , out of 14 CW’s only Kollam CWC does have own building and staff. The

allocations in the Budget for the infrastructure become unutilized because of the poor

Planning and ineffectiveness of the Kerala government.

Before 2013 the Implementation part of ICPS in Kerala is very slow due to the shortage of

staff availability. As a reason of not establishing the district level delivery structure i.e.

District Child protection units, Kerala lost union Budget allocation in each year. For the

effective implementation of the Programme, Government of Kerala established 14 child

welfare committees and 14 Juvenile Justice Boards in the state. For the Better implementation

and delivery of the services, all the District Child Protection Units are formed and the

required staffs for the Functioning such as Protection officers for the children’s in

Institutional care and children’s in non-institutional care, Counselors, Legal officers, Social

Workers etc are hired.

The budget allocation in the state Budget for the Protection of the child rights is very low.

And no new schemes were established by the state government. The overall implementation

of the ICPS in kerala still need more speed from the side of Policy level changes and in terms

of funding.

ICPS is mainly focusing on involving civil society organizations and Ngo’s in the child care

and protection. The main highlight of the programme is to serving the benefits in a child

friendly Manner in a Right based approach. The involvement and influence of NGO’S and

Civil Society organizations in the field of Child Health, Education, and Rehabilitation are

very important in the Kerala.

ICPS focusing on Government-NGO partnership in child care and protection. In Kerala ICPS

provide funds to various child care institutions for Child Rehabilitation, Education, Care and

protection. As a result of joint co-operation with the Ngo’s and civil society organizations

ICPS can able to provide more services to more beneficiaries in future.

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REFERENCES

Status of children

[1]. Report: “Children in India- A Statistic Appraisal 2012” (Social Statistics Division,

Ministry of Statistic and Program Implementation; Government of India).

[2]. Official website of Department of social Justice-Kerala

http://sjd.kerala.gov.in/index.php/childline -15-3-2015

[3]. A Case study on the School dropout Scheduled Tribal students of Wayanad District,

Kerala Jobin Joy

[4]. An Over View of Kerala Fisheries - with Particular Emphasis on Aquaculture

[5]. http://www.indiaonlinepages.com/population/india-current-population.html - 15-3-2015

[6]. http://www.thehindu.com/news/national/kerala-tops-child-rights-

[7]. index/article2612302.ece - 15-3-2015

BOOKS

[1]. Arathoon Anita, “Introducing History And Civics 5”, 2009.

[2]. Bharti Ali, Praveena Nair “Twenty Years of CRC: A Balance Sheet” volume ii, HAQ

Report,2011

[3]. WOLINS, Martin Selecting Foster Parents The Ideal and The Reality, 1963.

Orphanage & Government run Home info:

[1]. Minutes of the 38th PAB Meeting under ICPS held on 17/01/12

[2]. Reff: Official website of Kerala Orphanage control Board:

http://www.old.kerala.gov.in/dept_socialwelfare/List%20of%20CHARITABLE%20INST

ITUTIONS.htm#List of Orphanages -15-3-2015

[3]. Tehelka Magazine, Volume 11 Issue 40, Dated 4 October 2014

ICPS funding Information

[1]. Ministry of Women & child welfare official web site:

http://wcd.nic.in/icpsmon/pdf/sanctions/san_kerala_26feb2014.pdf - 15-3-2015

[2]. Government order to Pay & accounts officer

[3]. Order No: 14-13/2009 cw ii

[4]. Order No: 14-13/2009 cw ii vol iv

[5]. Order No: 14-13/2014 cw ii

[6]. Press information Bureau -Government of India

[7]. HAQ Study on Budget for children’s in India: 2010, 13.

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