Rohi Foundation

CHILD PROTECTION

ENSURING CHILD PROTECTION IN INDIA: A HOLISTIC APPROACH

While placing children in homes is deemed essential in severe cases, it’s imperative to recognize that it’s not the sole solution for ensuring child protection. In certain situations, non-institutional support can be extended to the child and their family, preserving familial bonds without resorting to separation.

The decision to place a child in a shelter or orphanage in Banglore is contingent upon Indian legislation designed to safeguard children’s rights. Rohi Foundation actively collaborates with pertinent institutions in Bangalore, working in tandem to uphold the fundamental rights of children. This commitment is rooted not only in Indian law but also aligns with the principles outlined in the Declaration of the Rights of the Child (UN, 1959). Through this collaborative effort, we strive to ensure that the protection and well-being of children are upheld in accordance with the highest standards of legal and ethical considerations.

LEGAL FRAMEWORK GOVERNING CHILD PROTECTION IN INIDA

The landscape of child protection in India is carefully delineated by legal provisions that guide the welfare of children across the nation.

Rohi Foundation, as a custodian of children’s well-being, operates within the framework established by the Juvenile Justice Act (2015). The Child Welfare Committee, a statutory body empowered by this legislation, plays a pivotal role in this process. This committee meticulously investigates the circumstances of each child, evaluating the necessity of their placement in a children’s home, an orphanage, or if a non-institutional educational support would be more fitting.

Children brought into Rohi Foundation’s care through this process fall under the legal categorization of “in need of care and protection” as outlined in the Juvenile Justice Act (2015). This label underscores the comprehensive care required for these individuals, warranting the establishment of an institutional setup such as a children’s home or an orphanage in Bangalore.

To uphold the highest standards of child protection, all Rohi Foundation staff members undergo regular training sessions aligned with the relevant legislation. Weekly team meetings serve as a platform to discuss the latest updates, ensuring the cohesiveness of Rohi Foundation educational initiatives within the legal framework established for child protection in India.

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SAFEGUARDING CHILDREN: COMPLIANCE WITH INDIA LEGAL FRAMEWORK

At Rohi Foundation, our commitment to child protection is rooted in the Juvenile Justice Act, 2015 (JJ Act), which serves as the cornerstone of legislation governing child protection in India. Every operational guideline implemented at Rohi Foundation stems from the provisions outlined in the JJ Act, and these guidelines are regularly deliberated upon with both the children in our care and our dedicated team.

Curious about the intricacies of the JJ Act, 2015? Allow us to provide you with comprehensive insights, answering any questions you may have about this pivotal legal framework.

It’s noteworthy that the content on this page is a result of an engaging workshop facilitated by a social worker, involving the active participation of a group of Rohi Foundation Boys and Rohi Foundation Girls. Their perspectives and insights have enriched our understanding of the JJ Act and its implications, shaping our approach to child protection under its legal purview.

UNDERSTANDING THE OPERTAIONAL DYNAMIC OF JUVENILE JUSTICE IN INDIA

In navigating the complexities of Juvenile Justice in India, the Juvenile Justice (Care and Protection of Children) Act, 2015, serves as the cornerstone, establishing a legal framework within which juveniles (those below 18 years old in India) can engage with the judicial system.

It is crucial to discern between juveniles in conflict with the law and children in need of care and protection. In instances where a child is identified as being in need of care and protection, a judge has the authority to place them in a children’s home to ensure their safety. All children under the guardianship of Rohi Foundation fall under the category of “children in need of care and protection,” aligning with the definitions outlined in the Juvenile Justice Act.

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OUR CHILD PROTECTION POLICY

Rohi Foundation has established a comprehensive Child Protection Policy that delineates the rights and responsibilities of every associate within the Rohi Foundation community, encompassing children, staff, and volunteers. Crafted collaboratively with the active involvement of the children, this policy stands as a foundational element of Rohi Foundation's guiding principles, offering a structured framework for our decision-making processes. The policy is crafted in accordance with the recommendations outlined in Indian legislation, which are applicable to every orphanage and children's home in the country, as well as conforming to international standards set forth by the United Nations. We routinely conduct workshops to ensure a thorough understanding of the Rohi Child Protection Policy among all children under our care. This initiative aims to empower them with a clear awareness of their own rights and responsibilities, alongside those of the adults entrusted with their well-being. Equipped with this knowledge, the children can discern situations that deviate from the prescribed guidelines of the policy. In such cases, they are encouraged to promptly report any concerns to our Director, Trustees, and the Child Welfare Committee.

CHILD PARTICIPATION IN THEIR OWN PROTECTION

Rohi Foundation actively engages children in the safeguarding and educational aspects of their own well-being, fostering their empowerment throughout the process. Many of the children we welcome have experienced trauma and a sense of objectification, often due to the lack of individualized attention in crowded institutions or orphanages in Bangalore. At Rohi Foundation, we prioritize treating each child with equality and addressing their unique needs. Empowering children is crucial in enabling them to take charge of their own destinies, transforming them from mere objects to active directors of their future.

WHO SENDS THE CHILDREN TO A HOME LIKE ROHI FOUNDATION?

WHO SENDS THE CHILDREN TO A HOME LIKE ROHI FOUNDATION?

ETERMINING PLACEMENT IN HOMES LIKE ROHI FOUNDATION: THE DECISION LACKING PROCESS

When it comes to sending children to homes such as Rohi Foundation, the responsibility lies with the Child Welfare Committee (CWC), a board of magistrates mandated to represent the Government of India. Empowered by the Juvenile Justice Act, this committee plays a crucial role in assessing the necessity of placing a child in a suitable environment. Across India, each district is served by its own dedicated Child Welfare Committee, tasked with deciding the most appropriate course of action based on the prevailing situation. In adherence to the legislation on Child Protection in India, these committees work diligently to ensure the well-being and safety of the children in need within their jurisdictions.

WHAT DOES THE CHILD WELFARE COMMITTEE DO?

ROLES AND RESPONSIBILITIES OF CHILD WELFARE COMMITTEE

The primary function of the Child Welfare Committee (CWC) is to meticulously investigate the circumstances surrounding a child and their family. In adherence to the stipulations of the Juvenile Justice Act, 2015, the CWC determines whether the child is genuinely in need of care and protection. If so, the Juvenile Justice Act mandates the child’s placement in a children’s home, such as Rohi foundation, and the CWC issues the necessary orders to facilitate this placement.

Furthermore, the CWC assumes the crucial responsibility of overseeing the implementation of the Juvenile Justice Act’s provisions within homes affiliated with organizations like Rohi Foundation. They ensure that the children under their care are treated in accordance with the highest standards, guaranteeing their well-being and protection. The CWC acts as a vigilant guardian, ensuring the proper care and support for the children entrusted to organizations like Rohi Foundation.

IN WHICH SITUATIONS DOES ROHI FOUNDATION GO TO THE CWC?

INSTANCES PROMPTIN ROHI FOUNDATION’S INTERACTION WITH THE CHILD WELFARE COMMITTEE (CWC)

Rohi Foundation engages with the Child Welfare Committee (CWC) in specific situations to ensure the continued well-being of each child under its care. Annually, every child is presented before the CWC to renew their long-term placement order. Additionally, Rohi Foundation diligently provides the judge with a Quarterly Progress Report for each child, offering insights into their accomplishments and challenges.

In the event of significant issues impacting a child within Rohi Foundation, immediate notification is extended to the Child Welfare Committee. Subsequently, the CWC convenes to assess the situation and determines the appropriate measures to address and rectify the concerns, prioritizing the welfare and best interests of the child. This collaborative approach underscores Rohi Foundation’s commitment to transparency, accountability, and ensuring the optimal care of every child within its care.

Each child is produced before the Child Welfare Committee once a year to renew their long-term placement order. In addition, Rohi Foundation submits to the judge a Quarterly Progress Report for each child, highlighting their achievements and difficulties.

In case of a major issue faced by a child in Rohi Foundation, the Child Welfare Committee is immediately informed and decides on appropriate measures to take.

THE JUVENILE JUSTICE ACT – PRINCIPLES IN PRACTICE

Implementing Juvenile Justice Act Principles: Ensuring Well-being at Rohi Foundation

Family Connection:

  • Children have the opportunity to meet with their families every month.
  • A weekly phone call is facilitated whenever possible, fostering continuous family engagement.

Transparent Communication:

  • A dedicated box is provided for children to deposit complaints and suggestions.
  • Weekly staff meetings, including the Child Representative, review and address these inputs, promoting open communication.

Constant Supervision:

  • Children are under the round-the-clock supervision of competent, reliable, and trained adults.
  • Dedicated night staff conducts half-hourly checks during the night, ensuring heightened vigilance during this vulnerable time.

Gender-Specific Care:

  • Girl children are always surrounded by at least one female staff, prioritizing a safe and gender-sensitive environment.

By embodying these principles, Rohi Foundation actively translates the tenets of the Juvenile Justice Act into practical measures, creating an environment that prioritizes the well-being, safety, and holistic development of every child under its care.

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