Lucy Mathews

Child Care Institutions (CCIs) in India, commonly known as orphanages or homes for children, are critical in providing shelter, care, and protection to vulnerable children. These institutions cater to children in need of care and protection (CNCP) and Children in Conflict with Law (CCL) which includes orphans, abandoned children, those surrendered by their parents, and those rescued from situations of exploitation or abuse. As per records of National Commission for Protection of Child rights in 2018 Estimated 2.5 lakhs children are growing up in 7163 CCI’s all over India. However Women and child Department of Maharashtra has established a network of more than 1100 residential care institutions (Source Maharashtra WCD website) for children that are alleged and found to be in conflict with the law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social reintegration, by adopting a child-friendly approach. However, the structure, processes, and challenges of CCIs present a complex picture of both opportunity and concern. 

Types and Structure of Child Care Institutions (CCI) –

CCIs in India are categorized into various types based on the needs of the children they serve. Broadly, they include:

1. Specialised Adoption Agency: Providing care to children (0 to 6 yrs of Age) in need of care and protection (CNCP) and has the registration to give children in Adoption.
2. Children’s Homes: These are the most common type of CCIs, providing long-term or Short term care to children (6yrs to 18yrs ) in need of care and protection (CNCP).
3. Observation Homes: These cater to Children in Conflict with the Law (CCL) and provide temporary custody during the time alleged to be in conflict with law, during the pendency of inquiry. 
4. Special Homes: These are for the rehabilitation of CCL, Children in conflict with law who are found to have committed an offence where they receive vocational training, counselling, and education.
5. Open Shelter Homes: shall function as a community based facility for children in need of residential support, on a short-term basis, with the objective of protecting them from abuse or weaning them, or keeping them away from a life on the streets.

There are Residential care set up known as Aftercare Homes : These are for children who have turned 18 and need support to transition to independent living. Young adults can stay here till 21 yrs. Of age. 

The structure of CCIs is typically hierarchical, with a Superintendent or Manager overseeing operations, supported by social workers, counselors, caregivers, and other staff members. CCIs must follow strict guidelines laid down by the Juvenile Justice (Care and Protection of Children) Act, 2015, and are regularly monitored by the state Child Welfare Committees (CWCs).

The Journey of Children in CCIs

The journey of children entering and exiting CCIs is shaped by various factors. Children come to CCIs through different pathways: they may be abandoned by parents, rescued from trafficking or abusive situations, or surrendered due to the inability of parents to care for them. The admission process involves the Child Welfare Committee (CWC), which assesses the child’s situation and determines the appropriate placement.

Once in a CCI, children undergo a variety of experiences. Their lives are structured around routines that include education, recreation, and vocational training. However, the emotional and psychological toll on these children can be significant. Many face challenges in adjusting to life within an institution, dealing with the trauma of separation from their families, and coping with the stigma of being in CCI

Adoption and Life Beyond CCIs

For some children, the journey through a CCI leads to adoption. The adoption process in India is governed by the Central Adoption Resource Authority (CARA), which ensures that the process is transparent, ethical, and in the best interest of the child. Children in CCIs who are legally free for adoption are matched with prospective adoptive parents through CARA’s online system. However, the adoption process can be lengthy, and not all children in CCIs are eligible or able to be adopted. Foster care option is also newly evolving in India which provides family-like care for the child but the system has its own pros and cons. 

For children who are not adopted or not placed in foster care, and for children who are difficult to get restored into their biological family, life in a CCI continues until they turn 18, at which point they transition to aftercare programs. These programs aim to equip them with skills for independent living, but the reality is that many children struggle with the transition. The lack of family support, societal acceptance, and economic opportunities often leaves them vulnerable to exploitation and poverty.

Systemic Challenges and Evolving Policies

The challenges facing CCIs are manifold. Inadequate funding, poorly trained staff, and insufficient infrastructure are common issues. These challenges can lead to substandard care, where the basic needs of children are not adequately met, let alone their psychological and emotional well-being.

Different Acts and Policies for Children suggest that Child Rights should not be violated and the atmosphere in which the child is getting nurtured should be safe and child friendly but managing the safety and child rights at the institution level is a herculean task. As every time the CCI’s may not be equipped with resources.

Moreover, the institutionalization of children has been increasingly criticized for its potential long-term negative effects, such as developmental delays, attachment disorders, and difficulties in social integration. In response to these concerns, there has been a growing push towards deinstitutionalization, with efforts to place children in family-based care, such as foster care, adoption, or kinship care, wherever possible, but follow up mechanisms have been often found to be inadequate for the wellbeing of children placed in families 

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, has introduced measures to strengthen the accountability of CCIs and promote alternative care options. The focus is now on reducing the number of children in institutions and ensuring that institutional care is a last resort, to be used only when family-based care is not an option.

The Push Towards Reducing Institutional Care 

The Right to Family emphasizes that every child has the inherent right to grow up in a family environment, which is critical for their emotional, social, and cognitive development. Institutional care should be a last resort, used only when all efforts to place a child in a family setting, including kinship care or adoption, have been exhausted.

The movement towards reducing children in CCIs is driven by the understanding that a family environment is crucial for a child’s development. Governments, NGOs, and international organizations are working together to strengthen Family Based Alternative Care (FBAC) systems. However, this shift is not without its challenges.

Family Based Alternative Care (FBAC) in India refers to a range of arrangements where a child is cared for by a family or kinship caregivers, rather than in institutionalized settings. This concept is gaining prominence in India due to the growing recognition of the importance of family-based care for children’s well-being and development. The FBAC movement in India is Governed by the Juvenile Justice Act for institutional care reduction efforts. Within India, many organizations and local nonprofits are working to establish and support FBAC initiatives, these includes .

Foster Care- Temporary care arrangement where a child is placed with a family or individual, known as foster parents, who provide care, support, and guidance until a permanent solution is found for their adoption or reunion with their biological parent.

Adoption -Adoption in India refers to the legal process of transferring permanent custody and care of a child from a birth parent or legal guardian to a new family. 

Sponsorship-financial support is extended to vulnerable children living with extended families/ biological relatives for supporting their education, nutrition and health needs.

After Care – After Care is the provision of care for all children, including children with special needs, after they have reached the age of 18 years, and are discharged from Children’s Homes/Special Homes.

Additionally, the process of deinstitutionalization requires significant investment in training, resources, and infrastructure to support alternative care models. Moreover, while the idea of deinstitutionalization is sound, the reality is that for some children, institutional care may still be the safest option. In cases where family-based care is not viable due to various reasons, CCIs can provide a protective environment for the children who are falling in below situations-

1. Children who are waiting to be placed in Adoption/Family-based care for various reasons. 
2. Children Eligible for family-based care who are yet to give their consent for being placed in a family” 
3. Children who have found it difficult to adjust in a family setting, resulting in, resulting in disruption cases of Adoption and Foster care. 
4. Children who have faced abuse in the family and parents who do not want to take responsibility for the children and at the same time do not want to give their rights over the child or don’t give consent to place in the family. 

The challenge lies in ensuring that these institutions are well-equipped, child-friendly, and staffed with trained professionals who can provide holistic care. For children for whom currently (due to various reasons) we as a society is not able to find a suitable family Child Care Institutions are the only option we should make sure that those children also get quality education, Emotional and physical health and safe, nurturing and joyful environment. Therefore, while we work towards the goal of deinstitutionalization – we should not stop our efforts towards making the existing home better and more conducive for the children living there. 

Personal Reflections: The Human Side of Institutional Care

The United Nations Convention on the Rights of the Child (CRC) is a landmark treaty that sets out the civil, political, economic, social, and cultural rights of children. India ratified the CRC in 1992, committing to uphold the rights of its children. In the Indian scenario, we have a long way to go before we can ensure all children are able to enjoy their rights in its true sense. Various issues persist, such as child labor, child marriage, and inadequate access to education and healthcare. Efforts are being made to raise awareness and strengthen laws to ensure children’s rights, but more needs to be done to protect and empower India’s most vulnerable population. Every Citizen of India must abide by CRC treaty and hence every person from India needs to contribute to make the atmosphere feel safe and child friendly. 

For example, local groups of youth or people in the community can make sure that no Adolescent girls and women are going through difficult situations caused by some vagabond in the community. 

Teachers can make sure no child feels discriminated and bullied in the class due to their learning levels or financial status or because they come from CCI. 

Artists can create awareness through their arts regarding the various abuse and share the safety nets available as well as can play a major role for enhancing children’s mental health through various art forms.

If Every single individual takes a stand for our children and brings the children to the Child Welfare Committee (CWC), District Child Protection Units (DCPU), Child help line (1098), ASHA workers, Police Etc. no Wonder the crime against children and children getting trapped into criminal activities will reduce. In my experience while working with CCIs, I have witnessed the resilience and strength of children who have faced unimaginable hardships. Similarly, working with children who age out of the system highlights the gaps in our care models. These young adults often face a daunting world with little support, and many struggle to find their place in society. The journey towards transforming the quality of care in CCIs has been both challenging and rewarding. It’s not just about improving physical infrastructure, but also about fostering the right mindset. Bringing management, trustees, and caregivers onto the same page to work as a cohesive team in providing joyful and nurturing opportunities for children to reach their full potential is both motivating and truly inspiring.

Conclusion

The landscape of Child Care Institutions in India is undergoing significant change. While CCIs continue to play a vital role in protecting vulnerable children, the push towards reducing institutional care reflects a broader understanding of the importance of family-based care. The challenges are considerable, but with continued efforts to improve the quality of care, strengthen alternative care options, and support children transitioning out of CCIs, there is hope for a more child-centric approach that prioritizes the well-being of every child.

As we move forward, it is essential to remember that every child deserves a nurturing environment, whether within a family or an institution, where they can grow, learn, and thrive. The future of child care in India depends on our collective ability to meet this challenge with compassion, innovation, and unwavering commitment. I believe if childcare institutions are helped through capacity building and equipped to provide opportunities for children to socialize similar to the children coming from the family, I think the psychological and emotional issues in their growth can be managed well. We should also be open to hearing from the young adults who came out of institutional care and today have taken charge of their own lives and often say that the CCI played a vital role in shaping their personality. Given the socio-economic realities of India, CCIs are essential for ensuring safety and protection to children, and hence more investment is required in improving the quality of care for children in CCIs. 

Together we still can improve the quality of care for institutionalized children because in the current scenario, families are not available for each vulnerable child and for us, Every Child Matters!!!

Lucy Mathews

lucy.mathews@csa.org.in

Head CCI Operations & Location Head Pune, Catalysts for Social Action (CSA).