Child Welfare Committee

CHYLD WEL-fair kuh-MIT-ee

A statutory body under the Juvenile Justice Act, 2015 that exercises jurisdiction over children in need of care and protection — not children in conflict with the law (who go before the Juvenile Justice Board).

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Definition

CWC Section 27 JJ Act Committee Children in Need of Care and Protection Body

A statutory body under the Juvenile Justice Act, 2015 that exercises jurisdiction over children in need of care and protection — not children in conflict with the law (who go before the Juvenile Justice Board).

The Child Welfare Committee (CWC) under Section 27 of the JJ Act, 2015 is distinct from the JJB: while the JJB handles children who have allegedly committed offences (children in conflict with the law — CICL), the CWC handles children in need of care and protection (CNCP) — abandoned, abused, trafficked, runaway, or homeless children. Each district must have a CWC comprising a chairperson and four members (at least one woman, at least one child expert). The CWC has quasi-judicial powers: it may order restoration to family, placement in a child care institution, adoption proceedings, or foster care. The CWC is not a court but exercises judicial functions under the JJ Act.

Statutory Definition

Section 27(1), Juvenile Justice (Care and Protection of Children) Act, 2015: 'The State Government shall by notification in the Official Gazette constitute for each district one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection.' Section 29: the CWC 'shall have the powers to restore and protect the rights of the child and shall be the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.'

Etymology & Origin

From 'child' + 'welfare' (well-being, from Old English 'weal' — well, good + 'faran' — to fare, to go) + 'committee' (from Latin 'committere' — to entrust). A 'Child Welfare Committee' is entrusted with the welfare — the well-being — of children in need of protection.

Full Legal Analysis

This Term in Indian Statutes

JJ Act 27(1)
strict

Juvenile Justice (Care and Protection of Children) Act, 2015, 2015

"The State Government shall by notification in the Official Gazette constitute for each district one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection."

CWC: mandatory in each district; handles children in need of care and protection (abandoned, abused, trafficked) — distinct from JJB for children in conflict with law

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