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A Study on CWCs in Select States ofIndia
[Karnataka, NCT of Delhi and Uttar Pradesh]
[Supported by SATHI under SATHI SRTT Fellowship Programme]
Study Report
Guide
Dr. Neelam Sukhramani
Reader, Dept. of Social Work, JMIU, New Delhi
Date : 13-07-2009 Venue : SATHI, Bangalore
by
Mr. Prakash KamathResearch Scholar
Presented to
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Date : 13.07.09 Place : Sathi, Bangaluru
Rationale
A Study on CWCs in Select States of India
&Dearth of any systematic study on CWC or JJS.
&Right time to study - CWC concept is in practice for more than
5 years now.
&Contribute in policy makers and JJS implementing agencies' efforts
to strengthen the system with better field realities and insightsderived from the study.
&SATHIs own involvement in the issue of child care and protection.
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To know and ascertain reasons for the current status of CWCs in
select states.
To identify gaps and challenges in implementation of CWC as part of
JJS and to seek possible measures to work effectively.
To identify potential and possibilities for public-private partnership ineffective functioning of CWCs.
To create and share knowledge base with the government and other
key stakeholders of JJS in general and CWC in particular.
Date : 13.07.09 Place : Sathi, Bangaluru
Objectives
A Study on CWCs in Select States of India
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Methodology
A Study on CWCs in Select States of India
Use of qualitative research framework.
Application of purposive and convenience sampling techniques.
Purposive in terms of understanding southern and northern scenario,
scenario of urban and rural districts and in metros.
Convenience because selection of research participants and number of
states chosen.
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Process- conceptualization to data collection:
A Study on CWCs in Select States of India
Conceptualization phase
Literature Review at all phases
Preliminary visits to CWCs, GCHs, etc.
Data collection tools development
Data collection plan and pre-data collection interaction with the
gatekeepers and research settings.
Data collection
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Scope and coverage
A Study on CWCs in Select States of India
Geographical Coverage:
&3 States Karnataka, NCT of Delhi and UP
&Southern, Northern , urban, rural, metro and NCT
----------------------------------------------------------------------------------------------------------
Coverage by stakeholders:
&CWCs, CHs, Children in CHs/Shelters, CLIF, Child Line, NGOs, NGO ,
Child care institutions, fit institutions, NIPCCD, CCL, DSCRC,UNICEF,
Journalists, Network/Child Rights Network, Subject Experts, DWCDofficials, police , former members of CWCs, Judiciary
----------------------------------------------------------------------------------------------------------
Thematic coverage:
&Identified 35 functional aspects of CWCs
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Data tools, planning & data collection. . .
A Study on CWCs in Select States of India
Data tools :
&1. In-depth interviewing guide, 2. KII guide, 3. FGD Guide, 4. CWC
Observation guide 5. Data Sheet/Information sheet
----------------------------------------------------------------------------------------------------------
Data collection method:
&1. In-depth interviewing, 2. KII, 3. FGD 4. Direct Observation 5. Review
of Records/reports/documents 6. Distant interview
----------------------------------------------------------------------------------------------------------Data collection plans:
All concerned gatekeepers and research participants were well informed
both with written material and pre interview meetings.
In all cases, informed consent of the research participants was taken.
_______________________________________________________________
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. . . Data tools, planning & data collection
A Study on CWCs in Select States of India
Data Collection- process and efforts:
Major aspects of data collection took:
Delhi -50 days ;UP 25 days & KRN 40 days :Total no. of days : 115
days.
----------------------------------------------------------------------------------------------------------Email and telephonic modes of data collection:
Apart from the major field work, in the data analyses phase email and
telephonic modes were used in collecting data from all the three states.
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. . Data tools, planning & data collection
A Study on CWCs in Select States of India
People involved in data collection:
By single Fellow----------------------------------------------------------------------------------------------------------
Rationale
Not to compromise on data quality.
Study is more of a qualitative in nature and therefore it is essential thatperson involved in data collection work would be one who is part of the
conceptualization process.
Most of the data collection tools are not structured
schedules/questionnaires rather guide or framework with flexibility to
incorporate new situations.
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Major Findings
A Study on CWCs in Select States of India
History and growth in number of CWCs
&Dehil: Started with 2 CWCs (in Feb 2003) and increased to 4 CWCs (in
Nov 2004).
&Karnataka : Started with 1 CWC ( July 21, 2003), subsequently increased
to 27 ( Jan 27, 2004) and then to 28 ( Feb 26, 2007).
&UP : Started with 10 (Nov 10, 2004) and increased to 11 CWC ( some
time in 2005).
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. . .Major Findings
A Study on CWCs in Select States of India
One or more CWCs for every district:
& In all the state CWC for group of districts norms is in effect even after
2006Amendment.
& Comparatively Karnataka is better in terms of number of CWCs with
single district jurisdiction ( 25 CWCs) and in one district provision of
CWCs for one or more CWCs per district ( BangaloreUrban) is also in
effect.
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. . .Major Findings
A Study on CWCs in Select States of India
Reconstitution process, interim arrangement and current operation
status:
Delhi : All the 4 CWCs are in operation
Karnataka: 26 CWCs are in operation and 2 are on suspended animation
and CWC for 2 new districts were not constituted.
UP : Technically no CWC is in operation, all CWCs have completed theirterm in office by Oct 2007. No renewal or constitution of new CWCs.
However, 8 CWCs continue to operate in the absence of any objections
from the government and in rest of the districts for administrative
purpose DM has designated CM or SDM to deal with CWC functions.
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. . .Major Findings
A Study on CWCs in Select States of India
Suspended /terminated/stalled functioning:
Delhi nil , Karnataka 2 nos. and UP 2 nos
Weekly sittings and sitting patterns and honorarium:
Delhi : Almost uniform across four CWCs ( 5 days a week) with
attractive honorarium package.
Karnataka : Varies across the state 15 different sittings patterns were
observed ( ranging from three days to few hrs a week) with non attractivehonorarium.
UP : Scheduled sittings are 2 per week. In practice it varies from 2+
additional sittings to few hours and some do not conduct sittings at all.
No honorarium.
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. . .Major Findings
A Study on CWCs in Select States of India
Composition, attendance and eligibility:
Delhi : Attendance is not a concern and a majority are retired employees
(65%) of one single Dept. Prescribed eligibility criteria in all cases met.
Karnataka : Encouraging trends in some cases, serious concern in
some other cases, reasonably good in few other cases mixed status .
People with varied backgrounds. Prescribed eligibility criteria met in a
majority cases.
UP : Attendance is a serious concern in a majority cases. People with
varied backgrounds. There were cases of not meeting even prescribed
eligibility criteria
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. . .Major Findings
A Study on CWCs in Select States of India
Case producing agencies and cases:
Delhi : More number of case producing agencies with more number of
cases and categories of cases.
Karnataka : Only in some CWCs one could see more number of case
producing agencies with more number of cases. In a majority cases,
number of case producing agencies is not more than 4 to 5 categories
and that too many were occasional case producing agencies.
UP : Very much limited to selected few NGOs, Child Line and adoption
agencies and in rare occasions police.
Majority cases produced before CWCs across three states were run
away cases.
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. . .Major Findings
A Study on CWCs in Select States of India
Experiences and Knowledge base:
Knowledge base is good in Delhi, Karnataka has both extreme
excellent and not satisfactory and in UP a majority case it is not
satisfactory.
Basic database:
Delhi and Karnataka were on extremely better position and it is an area
of concern forUP.
Case producing agencies and CWC relationship:
Better in Karnatka, a case of concern in Delhi and not many efforts
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. . .Major Findings
A Study on CWCs in Select States of India
Co-ordination, networking and CS involvement:
Delhi : Co-ordination with the DWCD, GCH, Police and judiciary has
seen significant improvement since JJC took over the role and
networking outside the state with Police for restoration is extremely good
and some CWC members use their informal network also in tracing the
family etc.
Karnataka : Mixed status
UP : Is an area not touched upon
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. . .Major Findings
A Study on CWCs in Select States of India
Trainings and capacity building efforts....
Across three states, trainings have been imparted. Delhi and Karnataka
comparatively better though not adequate and comprehensive. InUP it is
an area of serious concern.
Child friendly approach and best interest of children
Efforts to understand, internalize and strive to practice the concept inits functioning were noticeable greatly in Karnataka, some extent in Delhi
and negligible in UP.
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. . .Major Findings
A Study on CWCs in Select States of India
Self initiatives of CWCs to sensitize , educate and involve other
stakeholder in JJS implementation:
Efforts of CWCs of Karnataka in some pockets are an appreciative
nature and other two states are not so pro active except some individual
members initiative through NGOs.
Status on SJPU:
Status is better in Delhi, Karnataka andUP, still an area of serious
concern.
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. . .Major Findings
A Study on CWCs in Select States of India
Restoration, rehabilitation and social reintegration:
Across 3 states, CWC functioning has significantly impacted on
restoration and approach to restoration, though vary in its degree from
one state to the other.
Efforts of some of the CWCs in Karnataka and UP to involve NGOs/fit
institutions/child care institutions in restoration/rehabilitation efforts
impacted positively. But procedurally NCT of Delhi is more rigid in this
regard.
CWC functioning is child and people friendly: Simple but effective
procedures and formalities, focus on restoration, hence, proactive CWCs
are with alternates than focusing on constraints.
Police support is extremely good in NCT of Delhi in outside
transfer/restoration.
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. . .Major Findings
A Study on CWCs in Select States of India
Child care institutions and fit institution status:
Efforts are encouraging in Delhi, not much progress in Karnatka and UP
it is completely neglected.
JJA and Amendment 2006/ Central Model Rules 2007:
Delhi is more systematic in implementing the Rule, UP did not make any
dent on this. In Karnataka, there are CWCs, still follow the State Rules
2002.
Many orders were passed with citation of State Rule 2002. Not changed
Order formats even
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. . .Major Findings
A Study on CWCs in Select States of India
General Awareness on JJA/JJS/CWC:
Efforts were noticeable in Delhi and Karnataka and the same is zero in
UP.
Orders/directions/letters:
More or less uniform across CWCs of Delhi and Forms given in Central
Model Rules 2007 were adapted with required changes.
RTI and CWC:
In all the states one or the other occasion RTI was used. UP and
Karnataka, efforts were not significant. In Delhi efforts were noticeable
and impacted positively in improving systems and functions of CWCs.
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. . .Major Findings
A Study on CWCs in Select States of India
Convergence in efforts:
Delhi is more successful in bringing Judiciary, DWCD, Labour, Police,PWD, CWC and JJB into one platform.
Such efforts are not visible in Karnataka or not successful, UP has not
made any efforts at all.
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. . .Major Findings
A Study on CWCs in Select States of India
Competent Authority in search of a Competent Authority
In Delhi, to a great extent the role similar to the above is being played byJJC.
Karnataka and UP lacks such arrangements. Many a time CWCs as
Competent Authorities in need of guidance, directions and expertise
from another Competent authority.
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. . .Major Findings
A Study on CWCs in Select States of India
JJA , ambiguities and reality:
Adoption can no Hindus adopt a child ?
Working children definition where to look for
Section 26 exploitation of juvenile or child employee perpetrator will
be penalized only when all three conditions are proved
ostensibly procure for hazardous employment
should keep him in bondagewith holds childs earnings/or uses his own purpose
[multiple conditions]
Child friendly approach?
Best interest of children?
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. . .Major Findings
A Study on CWCs in Select States of India
Challenges:
No state is exception to this. There are many, only few were
successfully dealt and many continue to remain challenges only.
Innovation and Best Practices:
Five years work of CWCs of NCT of Delhi and Karnataka have
contributed a lot.
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A Study on CWCs in Select States of India
Recommendations
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Recommendations. . .
A Study on CWCs in Select States of India
Comprehensive plan for CWCs and JJS:
National/ State level assessment on JJS need to be carried out as
immediate priority.
A joint comprehensive Plan of Action for JJS ( 5 or 10 years period) with
required resource allocation need to be developed basing the above
assessment and referred as single document by all concerned - DWCD,
Police, CWC, JJB, GCH, Judiciary, etc.
A detailed joint annual/three year plan of action for JJS/CWC with
required resource allocation needs to be put in place as single document
referred by all concerned DWCD, Police, CWC, JJB, GCH, Judiciary, etc.
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Recommendations. . .
A Study on CWCs in Select States of India
.Comprehensive plan for CWCs and JJS:
Proper review mechanisms to be put in place facilitating timely reviewwith an aim of achieving co-ordination, networking and convergence.
All CWCs need to be provided with basic but completely dedicated
place, basic infrastructure with investment on technologies computers,
internet, telephone, software, etc., and human resources.
There is a need to revisit the state administrative rules and transfer
policies connected with sections/departments/institutions under JJS from
best interest of children point of view.
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Recommendations. . .
A Study on CWCs in Select States of India
..Comprehensive plan for CWCs and JJS:
Advocacy for incorporating CNCP as part of regular census or for aseparate child protection census both at state and national levels.
Roles of SCRPC, NCPCR and CPUs at the state and district levels needs
to be clear and explicit on JJS/Child Protection. Thus, functionally no
ambiguity/overlapping.
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Recommendations. . .
A Study on CWCs in Select States of India
.Comprehensive plan for CWCs and JJS:
With a dialogue and discussion approach, well thought parameters
onchild friendly approach and best interest of children need to bedeveloped by the state as top most priority in the implementation of JJS.
At least for another five years, state need to plan and implement
comprehensive awareness project deploying all possible effective
strategies involving various agencies and CSOs in it.
DWCD, Police and other concerned Departments need to maintain
updated website with access to all users to all information on JJS.CWC
circular, orders, documents, reports, list of different types of programme,
institutions, contact persons, CWCs, JJB, CWO, SJPU. All the critical
stakeholders need to be interlinked for timely updation.
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Recommendations. . .
A Study on CWCs in Select States of India
Pre-selection process:
There is a need for effective groundwork by appointing agencies in thepre-selection process of members for CWCs.
Appointing agency need to choose more effective strategies like
advertisement on local TV channels, Taluk/district level meetings with
various stakeholders and others in informing and encouraging
competent and committed people to apply for positions in CWCs.
Appointing agency also needs to invest on IEC materials agencies;
support agencies; NGOs and other CSOs can supplement such efforts.
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Recommendations. . .
A Study on CWCs in Select States of India
Post Selection Process (immediately)
DWCD/Training imparting agency need to have CWC/JJS TrainingManagement System, facilitating timely review of training needs of each
of the members.
Besides, DWCD also need to encourage various agencies working on
child rights to conduct regular trainings for CWCs or for ongoing orregular trainings, CWCs to be attached with reputed but committed
training agencies.
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Recommendations. . .
A Study on CWCs in Select States of India
.Post Selection Process (immediately)
Well tested training module to be put in place and timelyupdation/revision of such modules should happen with inputs from all
relevant stake holders.
There is a need to ensure proper arrangement for quality trainings in JJS
for all the new members with an assured quality follow up.
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Recommendations. . .
A Study on CWCs in Select States of India
Selection Committee and Selection:
Beside eligibility criteria, SC should also look into the eligibilitycriteria/observational parameters that needs to be drawn from the
Fundamental Principle of Juvenile Justice child friendliness, best
interest.
Required verifications of the eligible candidates to be done in detail to
avoid or minimize resignation/not-reporting after appointment/spousegetting selected as member and chairperson
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Recommendations. . .
A Study on CWCs in Select States of India
State Rules:
Like rules drafting process, all committee members should be kept
informed on post drafting to till notification of approved rules, at least byemail mode.
CWC Constitution:
CWCs need to be constituted on one or more CWCs per district and not
for group of districts with scheduled sittings at least at taluk levels with
proper facilities and arrangements.
Converting CH into OH or OH into CH or CHB into CHG, etc. should be
done with proper alternate arrangements.
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Recommendations. . .
A Study on CWCs in Select States of India
Women members in CWC:
In all situations in all CWCs women member needs to be ensured with
required panels of names in case of death/resignation/termination ofmembership , etc.
Legal and Psycho-social counselors:
All CWCs to be provided with the services of legal counselors/psycho
social counselor.
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Recommendations. . .
A Study on CWCs in Select States of India
Honorarium and travel /conveyance allowances:
A decent honorarium with travel/conveyance allowances need to be paid
in time for all the members. Similar to Delhi pattern of sitting fee. Thismay facilitate in increased attendance by members in the CWC sittings.
Review and monitoring by competent authority:
In case of Karnataka and UP, there is a need to have competent
authority which is well placed in hierarchical structure of the system.
Similar to Justice Lokur Committee in Delhi (sensitive to child issue)
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Recommendations. . .
A Study on CWCs in Select States of India
.. Review and monitoring by competent authority:
Timely reviews and reporting needs to be ensured by such competent
authority. This would also facilitate regularities in attendance, timely
appointment of new members in case of vacancies in CWCs, timely
guidance, space to share challenges, innovations and best practices.
Thus facilitates exchange of information among CWCs and co-ordination
and networking too.
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Recommendations. . .
A Study on CWCs in Select States of India
Database Management System:
There is a need to ensure technology supported database management
system from state to the level of CWC with updated data and informationon related aspects.
Sittings and sitting patterns:
Both in case of UP and Karnataka, there is a need to rationalize the
sittings and sitting patterns.
Fit institutions, fit persons/registration under JJA:
All child care institutions with proper discussion and dialogue mode to
be encouraged to registered under the JJA.
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Recommendations. . .
A Study on CWCs in Select States of India
. Sittings and sitting patterns:
Procedure should be made people friendly but effective and free of
bribe and corruptions.
There is a need to have more number of fit institutions in all the three
states as top most priorities.
Intra state/inter state transfer/restoration/rehabilitation and social
reintegration:In restoration and to some extent rehabilitation, Delhi and Karnataka are
placed in better position, however, state of affair concerned to this in UP
is a matter of serious concern.
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Recommendations. . .
A Study on CWCs in Select States of India
.Intra state/inter state transfer/restoration/rehabilitation and social
reintegration:
Involvement of NGOs in facilitating transfers/ restoration and
rehabilitation proved successful in UP and Karnataka. CWCs of Delhi are
very selective in using NGO services in restoration/rehabilitation.
There is a need to get connect with existing network for postrestoration/rehabilitation follow ups.
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Recommendations. . .
A Study on CWCs in Select States of India
Police and SJPUs:
DoP is more responsive in Delhi.SJPU structure were put in place in
most of the police districts. DoP and DWCD claims for existence of suchstructure in Karnataka too. Data on details of SJPUs are not even
available in DoP and DWCD websites and police stations contacted.
CWOs list was made available for some of the CWCs.
There is a need to ensure JJA training as part of regular police trainings
organized by PTC/PTA.
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Recommendations. . .
A Study on CWCs in Select States of India
CNCP and Judiciary:
Judiciary at state level is more sensitive about JJS in Delhi and UP and
in Karnataka it is limited to some judges. Delhi High Court is effective insensitizing judiciary at all levels. There was a move from Delhi High Court
to make JJS as part of their training in Judicial Academy
NGO GO collaboration facilitating agencies:
NGOs and others need to be trained professionally for any collaborative
venture with the government. Training should focus on attitudinalaspects, systemic orientations, hierarchical dynamics, complexity of
functioning of government machinery., procedural aspects. Collaborative
strategies, etc.
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Recommendations. . .
A Study on CWCs in Select States of India
Status on reach out:
In all the studied state, there is huge number of children do not getproduced before the CWCs. No estimates are available. Analysis of data
of children referred to one of the NGOs working on women issue in UP
reveals the fact that more than 200 cases of child abuse, rape, etc. ( 15 to
17 years) were referred /dealt by single NGO without the knowledge of
CWC.
Role of Child Line:
In the present context there is a need to revisit the role of Child Line.
Child Line can be functionally attached to CWCs.
Presented to
GB of SATHI Bangaluru
A Study on CWCs in Select States of India
-
8/6/2019 Study on Cwc
46/46
46 Date : 13.07.09 Place : Sathi, Bangaluru
A Study on CWCs in Select States of India
Tanx to all involved and supporters
of the study
Presented to
GB of SATHI Bangaluru