Introduction 

The Child Welfare Committee (CWC) stands as a cornerstone institution in India's child protection framework under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). Established as a statutory body at the district level, the CWC serves as the primary mechanism for addressing the needs of children in need of care and protection. This specialized committee functions with quasi-judicial powers and plays a crucial role in ensuring the welfare, rehabilitation, and protection of vulnerable children across the country. 

Composition and Structure 

Basic Composition (Section 27(2)): 

• Committee Size: Consists of five members in total. 
• Leadership: One Chairperson and four other members. 
• Gender Representation: At least one member must be a woman. 
• Expert Inclusion: At least one member must be an expert on matters concerning children. 

Qualification Requirements (Section 27(4)): 

• Educational Criteria: Members must possess a degree in:  
  • Child psychology or psychiatry 
  • Law 
  • Social work 
  • Sociology 
  • Human health 
  • Education 
  • Human development 
  • Special education for differently abled children 
• Experience Requirement: Must have been actively involved in health, education, or welfare activities pertaining to children for seven years, or be a practicing professional with relevant degrees. 

Disqualification Criteria (Section 27(4A)): 

• Past Record Issues: No history of violation of human rights or child rights. 
• Criminal Convictions: No conviction for offences involving moral turpitude (unless reversed or pardoned). 
• Employment History: Not removed or dismissed from government service or government-controlled organizations. 
• Moral Conduct: No history of child abuse, employment of child labour, or other immoral acts. 
• Conflict of Interest: Cannot be part of management of a childcare institution in the district. 

Appointment and Tenure 

Appointment Process (Section 27(1)): 

• Appointing Authority: State Government through official gazette notification. 
• Geographic Coverage: At least one committee must be constituted for every district. 
• Training Requirement: Induction training and sensitization must be provided within two months of notification. 

Tenure and Termination (Sections 27(6) & 27(7)): 

• Maximum Term: No person can be appointed for more than three years. 
• Termination Grounds:  
  • Misuse of power vested under the Act. 
  • Conviction for moral turpitude offences. 
  • Failure to attend proceedings consecutively for three months without a valid reason. 
  • Failure to attend minimum three-fourths of sittings in a year. 

Powers and Authority 

Judicial Powers (Section 27(9) & Section 29): 

• Bench Function: Functions as a bench with powers equivalent to a Metropolitan Magistrate or Judicial Magistrate of First Class under the Code of Criminal Procedure, 1973. 
• Exclusive Jurisdiction: Has exclusive power to deal with all proceedings under the Act relating to children in need of care and protection. 
• Decision-Making Authority: Authority to dispose of cases for care, protection, treatment, development, and rehabilitation of children. 

Administrative Powers (Section 29): 

• Case Management: Can take cognizance of and receive children produced before it. 
• Investigation Direction: Can direct various agencies to conduct social investigations. 
• Placement Authority: Can direct placement of children in foster care or institutional care. 
• Inspection Powers: Conduct monthly inspection visits of residential facilities. 

Functions and Responsibilities (Section 30) 

Primary Functions: 

• Case Reception: Taking cognizance of and receiving children produced before the committee. 
• Inquiry Conduct: Conducting comprehensive inquiries on all issues relating to child safety and well-being. 
• Investigation Management: Directing Child Welfare Officers, probation officers, or NGOs to conduct social investigations. 

Care and Protection Functions: 

• Individual Care Planning: Ensuring appropriate rehabilitation based on each child's individual care plan. 
• Institutional Placement: Selecting registered institutions based on child's age, gender, disability, and needs. 
• Family Preservation: Making all efforts to keep families together and restore abandoned or lost children to their families. 

Specialized Functions: 

• Adoption Processes: Certifying execution of surrender deeds and declaring children legally free for adoption. 
• Abuse Cases: Taking action for rehabilitation of sexually abused children. 
• Coordination: Coordinating with police, labour department, and other agencies for child protection. 

Proactive Functions 

• Suo Motu Action: Taking cognizance of cases and reaching out to children not produced before the committee (requires at least three members' decision). 
• Quality Assurance: Conducting at least two inspection visits per month of residential facilities. 
• Legal Services: Accessing appropriate legal services for children. 

Operational Procedures 

Meeting Requirements (Section 28): 

• Frequency: Must meet at least twenty days in a month. 
• Quorum: At least three members must be present for final disposal of cases. 
• Decision Making: Majority opinion prevails; in case of tie, Chairperson's opinion prevails. 
• Individual Member Authority: Individual members can place children in care when the committee is not in session. 

Inspection and Monitoring (Section 28(2) & Section 30): 

• Regular Visits: Institution visits count as committee sittings. 
• Monthly Inspections: Minimum two inspection visits per month to residential facilities. 
• Quality Recommendations: Recommending improvements to the District Child Protection Unit and State Government. 

Support Structure 

Administrative Support (Section 27(3) & Section 27(8)): 

• Secretarial Support: District Child Protection Unit provides Secretary and other staff. 
• Reporting Structure: Committee submits reports to District Magistrate in prescribed form. 
• Quarterly Review: District Magistrate conducts quarterly reviews of committee functioning. 

Grievance Redressal (Section 27(10)): 

• Grievance Authority: District Magistrate serves as grievance redressal authority. 
• Complaint Process: Affected children or connected persons can file complaints. 
• Due Process: Parties given opportunity to be heard before appropriate orders are passed. 

Coordination and Collaboration 

Inter-Agency Coordination (Section 30): 

• Police Coordination: Working with Special Juvenile Police Units and local police. 
• Department Liaison: Coordinating with labour department and other relevant agencies. 
• NGO Partnership: Collaborating with non-governmental organizations for child welfare. 

Case Referrals (Section 30): 

• Board Referrals: Dealing with cases referred to by Juvenile Justice Boards under sub-section (2) of section 17. 
• Cross-Referencing: Handling cases across different child protection mechanisms. 

Conclusion 

The Child Welfare Committee under the Juvenile Justice Act represents a comprehensive and well-structured approach to child protection in India. With its quasi-judicial powers, specialized composition, and extensive mandate, the CWC serves as a vital institution ensuring that children in need of care and protection receive appropriate intervention and support. The committee's multifaceted role encompassing prevention, protection, rehabilitation, and restoration reflects the holistic approach required for effective child welfare