Study on Cwc

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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

Governing Board of SATHI


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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.

Presented to

GB of SATHI Bangaluru


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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


Presented to



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4 Date : 13.07.09 Place : Sathi, Bangaluru

Methodology


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:


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

Presented to



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Scope and coverage


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. . .


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


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


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


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).

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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

Presented to



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. . .Major Findings


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

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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


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.

Presented to



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. . .Major Findings


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


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.

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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.

Presented to



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. . .Major Findings


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?

Presented to



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. . .Major Findings


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.

Presented to



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Recommendations

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Recommendations. . .


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.

Presented to



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.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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..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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.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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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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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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.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.

Presented to



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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

Presented to



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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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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.

Presented to



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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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.. 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.

Presented to



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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.

Presented to



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. 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.

Presented to


A S d CWC i S l S f I di


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.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.

Presented to


A St d CWC i S l t St t f I di


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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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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.

Presented to




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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.

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Tanx to all involved and supporters

of the study

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Documents

Study on Cwc