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ORISSA Standard Operating Procedures for Child Welfare Committee

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1NATIONAL LEGAL RESEARCH DESK

The Government of India enacted the Juvenile Justice Act in 1986. In 1989 the General Assembly of the United Nations adopted the Convention on the Rights of a Child (UNCRC)

India ratified the UNCRC in 1992. The convention outlines the right of the child to reintegration into the society without judicial proceedings, where avoidable. Hence in 2000, in order to adhere to the CRC, the old law was replaced by the Juvenile Justice (Care and Protection of Children) Act. The JJ (C&P) Act, 2000 was amended on 23rd

August’2006 replacing certain existing provisions and adding some new provisions in the Act. The Ministry of Women and Child Development, Government of India notified the Model Rules, 2007 framed under the amended Juvenile Justice Act in the Gazette on 26th October, 2007.

The State Governments/UTs were requested to adopt the Model Rules and effectively implement the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in 2006.

The Government of Odisha adopted the State Rules in the year 2009. The Juvenile Justice (C&P) Act 2000 aims at providing a customized justice delivery mechanism for juveniles in conflict with law and children in need of care and protection. The Act advocates a child friendly approach in the settlement of matters keeping in view the developmental needs of the child.

The new JJ (C&P) Act (amended from the 1986 version) has brought about a paradigm shift (welfare to right based) in the approach to juvenile justice. It also ensures the involvement of various stakeholder groups in the process.

The CWC is the statutory body for ensuring the rights and addressing the needs of the children. CWCs act as the competent authority to take final decisions in the matter of children in need of care and protection at the district level. The committee plays the role of a regulator as well as a catalyst at the district level and ensures that standards of care are maintained in all Child Care Institutions. The Standard Operating Procedures document is a guidebook for CWCs and practitioners in the field of child welfare. The SOP document primarily aims at simplifying different sections of the Act and Rules and clearly defining various procedures that needs to be followed by the CWCs.

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