(a) whether the National Commission for Protection of Child Rights (NCPCR) has conducted any social audit of Children Homes and identified violations of the Juvenile Justice Act by them;
(b) if so, whether any report was submitted by NCPCR in this regard in 2018 and if so, the details thereof; and
(c) whether any action has been taken by the Government thereon so far and if so, the details thereof?
(a) to (c) : A statement is laid on the table of the House.
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*196: STATEMENT REFERRED TO IN REPLY TO PART (A) TO (C) OF THE LOK SABHA STARRED QUESTION NO.196 FOR ANSWER ON 10.12.2021 RAISED BY SHRI GIRISH BHALCHANDRA BAPAT AND SHRI CHANDRA SHEKHAR SAHU REGARDING “SOCIAL AUDIT OF CHILDREN HOMES”
(a) & (b) : As per information provided by the National Commission for Protection of Child Rights (NCPCR), social audit of 7163 Child Care Institutions was conducted across the country (except for the State of Jammu and Kashmir where the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) was not applicable and the UTs of Lakshdweep, Daman & Diu, Dadra & Nagar Haveli, where no CCIs existed) in compliance to the Hon’ble Supreme Court’s order dated 05.05.2017 in the matter of W. P. (Crl.) 102 of 2007 in Re. Exploitation of children in orphanages in State of Tamil Nadu Vs. Union of India. A National Report as well as State Reports of social audit was submitted to the Hon’ble Supreme Court on 06.03.2020.
NCPCR has found serious maladies/ grave violations in large number of CCIs and took suo-motu cognizance of these irregularities/violations under Section 13(1) (c) and (j) of Commissions for Protection of Child Rights Act, 2005 (CPCR Act, 2005) being the monitoring authority under Section 109 of Juvenile Justice Act, 2015 and the shortcomings together with the inspection reports were communicated to the District Magistrate/District Collector of concerned districts alongwith the copy to Principal Secretary, Department of Women and Child Development (of respective State Governments).
(c) : The action taken by the Ministry of Women and Child Development for protection of Child Rights regarding findings of NCPCR Social Audit Report is as follows :
I. Registration of CCIs
Advisories were issued to all States/UTs for registration of Child Care Institutions (CCIs) in accordance with Section 41 of the JJ Act and also against those institutions which are not complying with the requirement. MPs/MLAs have also been requested by the Hon’ble Minister, Women and Child Development on 16.09.2020 as regards necessary action for registration of CCIs under JJ Act and against those institutions which are not complying with the requirement. States/UTs have intimated that 7275 CCIs have been registered under JJ Act upto October, 2020.
II. Financial Transparency
Letter was issued to all States/UTs on 19.08.2020 regarding Foreign Contribution Regulation Act (FCRA) clearance of NGOs/ Agencies running Child Care Institutions.
III. Inspection and Audit
Advisories have been issued to the States/UTs on 06.08.2018 and 31.08.2020 for inspection and audit of all Child Care Institutions as prescribed under Section 54 of JJ Act, 2015.
IV. Adherence to JJ Procedures
Besides this, advisory was also sent to the States/UTs for background check of all the NGOs running CCIs and police verification of the staff engaged with the CCIs.
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