Kerala: Child institutions not under Juvenile Justice Act face uncertain future

KOZHIKODE: Uncertainty looms large on the future of thousands of children at the child care institutions (CCI) in the state which are not registered under the Juvenile Justice Act (Care and Protection) of 2015. There are some 1,200 CCIs in the state which function as per the Orphanage and Other Charitable Home Supervision and Control Act of 1960. These institutions have more than 50,000 children and no government machinery, including Child Welfare Committee, has any access to the children. The High Court in its interim order had asked to maintain status quo in the appeal filed by the Association of Orphanages and Charitable Institutions against the JJ Act. But the Supreme Court suo motu ordered on May 5 that all CCIs should come under the Act before December 31.

“JJ Act is not practical in Kerala. The children of these institutions here don’t fall under the 12 categories mentioned in the Act,” claims Fr Mathew K. John, president of the association. He says that the Act stipulates at least 40 staff to run an institution having 100 children and that it was not affordable. All the CCIs in other states have been registered under the Act. If the children in Kerala too come under the Act, they could be considered for adoption procedures. In Kerala, more than 700 prospective parents are waiting for kids whereas there are only fewer than 50 children for adoption.

“The crux of the JJ Act is that children would be provided with family atmosphere. The Act underlines that the institutionalization should be the last resort for a child,” pointed out K.K Subair, district child protection officer, SJ department. The state is spending Rs 1,5oo to each child of CCIs a month. Mr A.S. Ganesh Kumar, State Child Protection Society (SCPS) Programme Manager, told DC that the department had pleaded to annul the status quo order. The case is likely to be considered next week.