Status of Implementation and Functioning of ICPS & Child Protection Mechanisms in Kerala JITHIN.T Student Social worker Department Of Social Work Amrita Vishwa Vidyapeetham Kollam Kerala India Abstract Child Protection is about protecting children from or against any real danger to their life and childhood. It is about reducing their vulnerability to any kind of harm and in harmful situations. As a developing country like India Child protection gains its importance because of the largest population of children in the world. For full filling the effective child protection needs, the country launched the umbrella programme Integrated Child Protection Scheme (ICPS) in 2009, clubbing with different child protection programmes and mechanisms also ensuring the service of community, Non-government organizations and individuals who working in the field of Child Protection. This paper studies about the current status and implementation of ICPS in Kerala state. The Paper also critically discussing about the functioning of child protection mechanisms and major child right issues in Kerala. Key Words: Child Rights and Protection, Protection Scheme, ICPS, child protection mechanisms www.ijellh.com 446 INTRODUCTION This, we are told, is the century of the child. More than ever before, the world is child-oriented. Our children need better Care, schools, better health care, and better homes and Protection. The total world population of the children is around 6.916 billion. India’s total population is 1.2 billion, of whom 45% are children. Every year, an estimated 26 million children are born in India. With more than a third of its population below the age of 18, all this makes India becomes largest child population in the world. Children’s the citizens of Future as well as today, thus state cannot deny their rights today, but children’s are more vulnerable due to their age as well as other adverse socio economic circumstances. In India a large level of children’s faces difficult conditions and they need immediate care and protection. Children are the most vulnerable section of a society. And the primary responsibility of the care and protection is vested in the hands of the state rather than the family. Child rights are meaningless unless government provides remedies when they are violated. When viewing within a right based framework, the challenge before every system or community is ensuring the child right to survival, protection, development and participation without delay. Right based approach allows the state to step in and serve as a guardian for children. Child protection involves intervention programmes, policies and legislations to prevent the neglect, abuse, violence and exploitation of children. The current Policies and schemes in the area of child protection is indicating the duty of the State as a primary duty bearer and the development of a preventive, community oriented and family based approach towards child protection. The ineffective performance of the Government as a primary duty bearer, it creates various kind of Child right issues across the country, as a coping mechanism for the better service, Government of India established the ICPS scheme. Child protection is a global concern after the ratification of the United Nations Convention on the Rights of the Child. And in 1992 India signed the document and it helps to hike the relevance of child protection in India. As per the UNCRC a child is below the age of 18 years. One third of the Indian population involving person below the age of 18 years and among this 45% of them are facing different kind of difficulties related to their protection. While considering all this need and importance In 2009 Government of India launch a new programme called “Integrated Child Protection Scheme - ICPS”. www.ijellh.com 447 Children’s in India- Ground realities India has the largest young population in the world. Around 42 crore children’s are living in India. Only 35% of births are registered, impacting name and nationality. One out of 16 children die before they attain the age of 1, and one out of 11 die before they are 5 years old. 35% of the developing world’s low-birth-weight babies are born in India. 40% of child malnutrition in the developing world is in India. The declining number of girls in the 0-6 age-group is cause for alarm. For every 1,000 boys there are only 927 females -- even less in some places. Of every 100 children who enroll, 70 drop out by the time they reach the secondary level. Of every 100 children who drop out of school, 66 are girls. 65% of girls in India are married by the age of 18 and become mothers soon after. India has the world’s largest number of sexually abused children, with a child below 16 raped every 155th minute, a child below 10 every 13th hour, and at least one in every 10 children sexually abused at any point in time. Total of 46% children from ST and 38% SC out of school. Children’s in Kerala Incidence and rate of Juvenile Delinquency is increasing from 22740 to 25125 from the year 2010 to 2011. Among this 57% belonged to the poor families whose annual income was up to Rs. 25,000. Till 2013 around 44400 more children’s are brought before the Cwc’s and JJB’s in Kerala. 90% of them are from the economically weaker sections of the families such as SC/ST, Adivasi, Costal communities. The status of Tribal children in Kerala around 30179. Among this 75 % of tribal children are lagging Primary education The status of children living in Costal Areas of Kerala is around 60393. Integrated Child Protection Scheme – ICPS ICPS is an umbrella programme mainly clubbed several child protection schemes under one single scheme. It mainly focused on government, civil-society, and NGO partnership on child www.ijellh.com 448 protection. The Integrated Child Protection scheme was introduced in 2009-10 by the UPA government with the aim to improve the wellbeing of children in difficult circumstances, as Reference: Report: “Children in India- A Statistic Appraisal 2012” -GOI A Case study on the School dropout Scheduled Tribal students of Wayanad District, Kerala Jobin Joy An Over View of Kerala Fisheries - with Particular Emphasis on Aquaculture well as to the reduce vulnerability situations and abuse, neglect, exploitation, abandonment and separation of children from their families and trafficking. This scheme is being implemented from the financial year 2009-10 through the State Governments/ Union Territory Administrations. In 2006 the Ministry of Women and Child Development (MWCD) proposed the adoption of the Integrated Child Protection Scheme. In 2009 the central government gave the scheme its approval and has begun the extensive task of providing children with a protection and safe environment to develop and flourish. GOI has proposed to combine its existing different child protection schemes under one integrated scheme. It aims to provide for care and protection of all the children in conflict with law and children in need of care and protection. ICPS proposes to involve steps to: Strengthen families and prevent them from breakup and children becoming homeless and without care and protection. Provide support to children already outside the mainstream, beginning from emergency outreach services to final rehabilitation with their families/ society. History of Child Protection in India: An overview India as a developing country is known to 1.2 billion people, which make the second most populous country in the world. As per the recent census, 50% of the current population is between the ages of 0-25. Every year an estimate of 26 million children are born in India. India has made significant commitments towards ensuring child rights and child protection. There have been positive indicators in Infant mortality rates are decreasing, child survival has improved, literacy rates are improved, School dropout rates are fallen etc. But the issues of child right violations are prevalent in India. Child protection issues like Child abuse, domestic violence, child trafficking, sexual harassments and abuse, etc are reported throughout the country alarmingly. The crime against children’s also increasing. Most of the cases, proper intervention is not possible due to the lack of political reasons and ineffective Legal mechanisms. www.ijellh.com 449 The child rights and welfare concerns have been addressed in a number of International Conventions, Standards and Declarations, including the UN Convention of the Rights of the Child (UNCRC) 1989. India has adopted a number of laws and formulated a range of policies to ensure children’s protection and improvement in their situation. The Constitution of India recognizes the vulnerable position of children and their right to protection. For ensuring the child rights and welfare the government of India Passed different laws like Guardian and Wards Act 1890, Factories Act 1948, Hindu Adoption and Maintenance Act 1956, Probation of Offenders Act 1958, Bombay Prevention of Begging Act 1959, Orphanages and Other Charitable Homes Act 1960, National Policy for Children 1974, Bonded Labour System (Abolition) Act 1976, Child Marriage and Restraint Act 1979, Immoral Traffic Prevention Act 1986, Child Labour (Prohibition and Regulation) Act 1986, National Policy on Education 1986, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1987, National Policy on Child Labour 1987, Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992, National Nutrition Policy 1993, Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994, Persons with Disabilities (Equal Protection of Rights and Full Participation) Act 2000, Juvenile Justice (Care and Protection of Children) Act 2000, National Health Policy 2002, National Charter for Children 2004, National Plan of Action for Children 2005 ,Commissions for Protection of the Rights of the Child 2005.Protection of childrens from Sexual offenses Act 2012. Several constitutional provisions protect children in India, among them: Article 15 affirms the right of the State to make special provision for women and children. Article 24 provides that no child below the age of 14 shall be employed to work in any hazardous employment. Article 39 (e) of the Directive Principles of State Policy provides that children of tender age should not be abused and that they should not be forced by economic necessity to enter vocations unsuited to their age or strength. Article 39 (f) requires children to be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth be protected against exploitation and moral and material abandonment. www.ijellh.com 450 Article 45 of the Directive Principles of State Policy provides for free and compulsory education for all children until they complete the age of 14. Existing Central child protection programmes in India under ICPS The existing institutions and programmes for child protection in India primarily starts from the provisions under the National Policy for Children, 1974 Juvenile Justice (Care and Protection of Children) Act, 2000, National Charter for Children, 2003 and National Plan of Action for Children 2005. These comprise several programmes and schemes implemented by different ministries and departments among which are: i. A Programme for Juvenile Justice for children in need of care and protection and children in conflict with law. The Government of India provides financial assistance to the State Governments/UT Administrations for establishment and maintenance of various homes, salary of staff, food, clothing, etc. for children in need of care and protection and juveniles in conflict with law. Financial assistance is based on proposals submitted by States on a 50:50 cost sharing basis. ii. An Integrated Programme for Street Children without homes and family ties. Under the scheme NGOs are supported to run 24 hours shelters and provide food, clothing, shelter, non-formal education, recreation, counselling, guidance and referral services for children. The other components of the scheme include enrolment in schools, vocational training, occupational placement, mobilizing preventive health services and reducing the incidents of drug and substance abuse, HIV/AIDS, etc. iii. CHILDLINE Service for children in distress, especially children in need of care and protection so as to rescue them from abuse, provide shelter to them, medical services, counselling, repatriation and rehabilitation. iv. Scheme for Assistance to Homes for Children (Shishu Greha) to Promote In-Country Adoption for care and protection of orphans/abandoned/destitute infants or children up to 6 years and promote their in-country adoption. v. Scheme for Working Children in Need of Care and Protection for children kept as domestic child labour, working at roadside dhabas, mechanic shops, etc. The scheme provides for bridge education and vocational training, medicine, food, recreation/sports equipments, etc. vi. Rajiv Gandhi National Creche Scheme for the Children of Working Mothers in the age group of 0-6 years. The scheme provides for comprehensive day-care services including facilities like food, shelter, medical, recreation, etc. www.ijellh.com 451 vii. Pilot Project to Combat the Trafficking of women and Children for Commercial Sexual Exploitation in source and destination areas for providing care and protection to trafficked and sexually abused women and children. Child Protection in Kerala: An overview Kerala is one of the most leading developing state in India, having higher positive indicators in child protection comparing to other Indian states. As in most social sector indicators, Kerala tops the national child rights index, followed by Karnataka. Kerala's child marriage indicator is the lowest, and the State's performance is far from satisfactory in early childhood care and crimes against children’s in Kerala, which ranks first in the national child rights, stands ninth in its Gross Domestic Product.* Reference: * http://www.thehindu.com/news/national/kerala-tops-child-rights-index/article2612302.ece In Kerala the child protection programmes and services are co-ordinate through Social Justice Department of the Government of Kerala. The children’s homes and observation homes were established before 1980.The homes existed even before the establishment of the social welfare department. After the formation of the Social justice department homes were brought under its control. ICPS established with an objective to provide a protective environment for overall development of children. Failure to protect children has serious consequences for the physical, mental, emotional and social development of the child, resulting in a loss of productivity, quality of human capital, values and the social wellbeing of society. The ICPS focuses its activities on children in need of care and protection. I e Homeless or abandoned, mentally, physically or terminally ill;, abused or exploited, have no means of subsistence, victims of armed or civil conflict, staying with parents / guardians who are unfit –physically, mentally and economically - to look after them, and are in vulnerable circumstances. Children in Conflict with Law are those who have allegedly committed an offence. Children in contact with Law are those who have come in contact with law either as a victim or as a witness or due to any other circumstance. The ICPS provide preventive, statutory care and rehabilitation services to vulnerable children including those from potentially vulnerable families and families at risk, children of socially excluded groups like migrant families, families living in extreme poverty, SCs, ST & OBCs families subjected to or affected by discrimination, minorities, children infected and / or affected by HIV/AIDS, orphans, child drug abusers, children of substance abusers, child beggars, trafficked or sexually exploited children, children of prisoners street & working children. www.ijellh.com 452 The services of ICPS are being delivered through the established functioning structure mandated by the Juvenile Justice act 2006, at all government level and statutory structure such as; • State Child Protection Society (SCPS) • District. Child Protection Units (DCPU) • Child welfare Committees (CWC) • Juvenile justice Board (JJB) • Special Juvenile Police Units (SJPU) For effective implementation of ICPS Scheme, the programme aims to connecting the services Govt. & Non – Govt. and private sector organizations, expert institutions & expert individuals who working in the field of child protection, by providing institutional and non – institutional protection services for children. For the effective implementation of ICPS scheme at district level Dist. Child Protection Societies are formulated in each District headed by District Collector. For implementation of the scheme, recruitment at State level structures is completed and all District Level structures are completed. Child Protection Programmes of Kerala Government under ICPS I. Institutional services provided by the Government of Kerala under ICPS Children’s Homes A large number of children in need of care and protection who enter the juvenile justice system through the Child Welfare Committees are in need of residential care and protection during the pendency of any inquiry or for their longterm care, treatment, education, training, development and rehabilitation. Children’s homes are established for taking care of these children’s. Currently in Kerala Social Welfare Department maintains 8 Children’s Homes to safeguard the rights of children in need of care and protection. Observation Children in conflict with law who enter the juvenile justice system through the Juvenile Justice Boards are admitted in the observation Homes as per the guidelines of JJ Act 2000. The Act empowers the State Governments to establish and maintain either by itself or under an agreement with voluntary organizations, observation homes in every district or group of districts for their temporary reception. In order to facilitate and expedite setting up of Observation Homes in every district or group of www.ijellh.com 453 districts, the scheme shall provide financial support to the State Governments and Union Territory Administrations. Currently Government of Kerala established Observation homes and JJB’s in all the 14 districts. Special Homes Children in conflict with the law committed by the Juvenile Justice Boards (JJBs) for long term rehabilitation and protection require institutional services. The State Governments are empowered to establish and maintain either by itself or under an agreement with voluntary organizations, currently 2 special Homes are established in kerala, in Trivandrum and Kozhikode. Special Home for Children This is meant for the rehabilitation of children who have involved in crime and when the case is disposed by the Juvenile Justice Board and there is no other provision other than placing the child in a correctional setting. Children's Home (Normand) This Home is meant for 50 numbers of Non-infected and healthy children of leper patients and destitute children. Balasadan This Home is meant for Destitute Children who are way wards and strays between the age of 4 and 16. Sanctioned number of inmates of these institutions is 100 each. Sanadha Balyam Sandhya Balyam is established in 2007 by the Social Justice Department Sanadha Balyam in April 2007 to facilitate the adoption of children from various recognised orphanages in the State. The scheme aims at providing foster care placement for orphaned or abandoned children and its major achievement has been that child-care centers in the State now know what to do with the adoptable children they shelter. After 2009 the programme clubbed with ICPS. Open shelters for children in need in urban and semi-urban areas The large numbers of homeless children, pavement dwellers, street and working children and child beggars, left on their own and in need of care and support, is an urban phenomena of great concern. Currently in Kerala 3 open shelters are established for the children’s around 214 childrens are rehabilitated in this Homes, www.ijellh.com 454 Open shelters are established by the co-operation of the Ngo’s and civil society organizations by the financial support. II. Non institutional services provided by the Government of Kerala under ICPS Sponsorship Sponsorship programmes are delivered to the children in need of care and protection. Many children are at risk of abandonment, exploitation, neglect and destitution because of poor socio-economic conditions of their families. Poor families often place their children into institutional care as a poverty coping measure. For avoiding this forceful institutionalization due to the lack of Educational, medical health care assistance, Government of Kerala provides financial assistance for the most vulnerable families with a view to preserving the children’s with their family. Foster-care Fostering is a short-term placement of a child in a protective environment. Fostering is a process whereby a child lives, usually on a temporary basis, with an extended or unrelated family member. Such an arrangement ensures that the birth parents do not lose any of their parental rights or responsibilities. Fostering mainly focusing on the long term parental care. In Kerala fostering processes are co-ordinate by the Child Welfare Committees, in each District level, under the legality of Juvenile Justice Act 2006. Adoption Adoption is a process through which a child who is permanently separated from biological parents because her/his parents have died, or have abandoned or surrendered her/him, becomes a legitimate child of a new set of parent(s) referred to as adoptive parents with all the rights, privileges and responsibilities that are attached to this relationship. Central Adoption Resource Agency (CARA) is the nodal agency for coordinating the work and has been primarily engaged in streamlining inter-country adoption. The adoption prosess only done through Special adoption Agencies recognized by the central government and the Child Welfare Committees. Currently 8 SAA are recognized under the ICPS in Kerala. After-care The Juvenile justice Act, 2000 provides institutional care for juveniles in conflict with law and children in need of care and protection up to the age of 18 years. www.ijellh.com 455 However, most of the children in care have nowhere to go once they reach the age of 18 and are discharged from their institutions. Currently 3 after care homes are run by the Government of Kerala under the ICPS. Child line Child line is a national emergency toll free phone outreach service for the children in need of care and protection operates on the 1098 number, and is supported by the ICPS, Government of India and works in partnership with state governments, NGOs, and Corporate Sector. Child line India Foundation has been appointed as the Mother NGO for setting up, managing and monitoring the Child line 1098 service all over the country. At present Child line is operational in 82 cities/districts in India. In Kerala Child line is functional in 9 districts, of which Trivandrum, Kochi, Thrissur, Calicut, Wayanad are supported by Government of India, and Kannur, Kasaragod, Malappuram and Palghat are supported by Government of Kerala. The Government of Kerala has started supporting Child line service in Malappuram, Kasaragod, Palghat and Kannur in 2007-08 for which funds have been routed through Child line India Foundation. Snehapoorvam The statistics reveals that in Kerala, around 75,000 children below 18 years are living in orphanages. Around 1500 orphanages are functioning in Kerala. Almost 8090% of the children in orphanages have families and relatives. Kerala Government has launched an initiative “SNEHAPOORVAM” to provide financial support to orphans who are living in the family, with their relatives, friends, or the support of the community under the Social welfare Department implemented through Social Security Mission. The mission has initiated the project that aims at bringing these children to the main stream of the society. Status of statutory support services in Kerala under ICPS 1. Child Welfare Committees (CWCs): The JJ Act , 2006 rmakes it mandatory to establish one Child Welfare Committee in each district as the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care & protection and to provide for their basic needs and protection of rights. For the effective implementation of ICPS , Government of Kerala established Child welfare committees in all the 14 districts of Kerala. www.ijellh.com 456 2. Juvenile Justice Boards (JJBs) The JJ Act, 2006 makes it mandatory to have one Juvenile Justice Board in each district to deal with matters relating to juveniles in conflict with law. For the effective implementation of ICPS, Government of Kerala established Juvenile Justice Boards in all the 14 districts of Kerala. 3. Special Juvenile Police Units (SJPUs) The Juvenile Justice Act 2000 provides for setting up Special Juvenile Police Units in every district and city to coordinate and upgrade the police interface with children. All the police officers, designated as juvenile/child welfare officers in the district or city, are members of the SJPU. Currently Special Juvenile Police Units are constituted in Kerala in District level. This team is headed by the Crime detachment DYSP. Child care institutions in Kerala ICPS is basically a Government-Non government partnership programme, because of that the benefits of the programme being delivered through the help of the civil society organizations and Government distribution systems. Government Run Institutions: Below is the information regarding the children’s homes under the control of the Kerala state social justice department. LIST OF GOVT. RUN HOMES* ACTUAL SL NAME AND N ADDRESS O OF HOME DISTRICT TYPE CAPACI NO.OF OF TY CHILDREN HOME AS ON 1ST APRIL 2013 Boys Gir Boys Girls ls 1 Poojappura Thiruvananthap CH 50 90 65 uram 2 Beach Road Kollam ,, 100 3 Vayalithala Alappuzha ,, 30 4 Thiruvanchiyo Kottayam ,, 100 100 or www.ijellh.com 457 5 Kakkanadu Ernakulam ’’ 50 100 (Girls) 6 Ramapuram Thrissur CH 100 90 7 Vellymadukun Kozhikode ’’ 100 150 Kozhikode ’’ nu 8 Vellymadukun nu 9 Poojappura 10 (Girls) Thiruvananthap 190 0 OH 25 8 ’’ 25 6 uram 10 Beach Road Kollam 11 Vazhayila P O Pathanamthitta ’’ 25 1 12 Mayithara ’’ 25 5 13 Thiruvanchyoo Kottayam ’’ 25 2 Alappuzha r 14 Kakkanadu Ernakulam ’’ 25 2 15 Ramavarmapu Thrissur ’’ 50 2 Palakkad ’’ 25 7 ram 16 Muttikulangar a 17 Thavanoor Malappuram ’’ 25 1 18 Vellymadukun Kozhikode ’’ 25 1 Kozhikode ’’ nu 19 Vellymadukun nu 50 0 (Girls) 20 Kaniyambatta Wayanadu 21 Chirakkara Kannur 22 Paravanadukka Kasargodu OH 25 2 ’’ 25 4 ’’ 25 2 SH 20 7 m 23 Poojappura Thiruvananthap uram 24 Vellimadukun nu Kozhikodu ’’ 20 0 (Girls) www.ijellh.com 458 Anchalumood 25 Kollam ACH u (Girls) Vellimadukun 26 10 0 ’’ Kozhikodu 25 10 nu 64 0 27 Chirakkara Kannur 28 Vellimadukun Kozhikodu nu ’’ 100 Home for 25 12 25 15 5 Mentally deficient Chirakkara 29 Kannur Home for 25 25 25 25 Physicall y disabled Cherthala 30 ’’ Alappuzha 1045 44 TOTAL 650 385 5 CH: Children’s Home, OH: Observation Home, SH: Special Home, ACH: After care Home SPECIALISED ADOPTION AGENCIES (SAA)-under ICPS* Actual No: of Sl Name and Address of SAA NGO / No 1 Capacity children as on 1st Govt April 2013 Boys Girls 25 25 28 UNIT-2 ’’ 25 6 1 ’’ 25 1 2 ’’ 20 5 4 ’’ 20 2 0 Kerala state child welfare NGO council, Trivandrum-UNIT 1 ’’ 2 3 Shishu Bhavan,sisters of Nazrath,Eranakulam 4 Anandha Bhavan Foundling Home,Palakkad 5 Divine Provident foundling Home www.ijellh.com 459 6 Sai Niketham Foundling ’’ 20 6 4 ’’ 25 1 3 ’’ 20 8 5 Home, Thrissur 7 St:joseph Foundling Home, Thrissur 8 Deena sevana sabha,Sneha Niketham Open shelter’s in Urban & semi urban areas under, NGO Run* Sl Name and Address of the Location of No NGO Capasity Actual No:of children as on 1st the shelter April 2013 1 Don-Bosco Veedu society Thampanoor Boys Girls 25 Nil 17 40 46 0 50 81 70 Trivandrum 2 Association for welfare of Free Birds Handicapped up school Calicut 3 Dream open shelter Home Dreams Bhannu Road Chalad, Kannur Reference: * Minutes of the 38th PAB Meeting under ICPS held on 17/01/12 Kerala Orphanages: Charity as a New Business Kerala has around 1800 orphanages, recognized by the State Orphanage Control Board. Around 75000 children’s are living in these institutions. Most of them are established and running without meeting the legal requirements of the Norms of Juvenile Justice Act and the Orphanages Control Act 1960, most of the institutions are run by the minority-Religious organizations. The recent incidents happened in Kerala, shows that a large scale child trafficking from Bihar, Jharkhand, West Bengal to orphanages in Kerala, by promising free education and lodging. The recent reports reveals that the racket of child trafficking in the name of charity is prevalent in Kerala, the reports says that the illegal trafficking is aiming to get more financial Support from the Middle East Arab countries and Grand in Aid from the www.ijellh.com 460 Government. The second foremost aim is to demanding new divisions, Batches and posts for new teachers by admitting this trafficked children’s in their schools and claim the government grants by the strength of the trafficked children’s. The child trafficking issues are become vibrant, when a group of children around 600 were detained by the Railway Protection Police in Palakkad. Soon this incident reveals that the children’s were trafficked to two Muslim Orphanages in Malappuram and Kozikkodu. The children’s were travelling with fake identity cards provided by the Orphanage and they carrying fake Adahar cards ,fake Permission letters from the CWC’s of Jharkhand, Bihar, West Bengal. This facts reveals that a strong Child trafficking Mafia working for the Orphanages in Kerala. Later the enquiries reveal that most of the orphanages brought children’s from other states to keep their institutions running. The investigations conducted by the Kerala Police on this Child Trafficking become freezes, because of the political pressures. Most of the institutions are established and runs by a minority religious group, and supported by a religious Political Party called Indian Union Muslim League, which part of the Kerala government. However even the reports of the Orphanage control Board on the issue of Child trafficking framed to help the trafficking organizations, because of the communal views of the members. The later report on this issue reveals that these organizations get financial contribution from foreign countries and Grand in Aid from the Government. It is a clear violation of the provisions of the Orphanages control Act 1960. Because there is no provision for granting government financial Aid for those organizations which receiving foreign money. Also the report of the Local Fund Auditing (LFA) criticize that the Kerala Social justice department help the fraudulence of these organizations by granting money without proper supervision and validation of documents. The current scenario in Kerala shows that no government had taken action against the powerful orphanage trafficking lobby as they had political and religious backups. In fact most of the organizations run these charity orphanages as a cover for their illegal activities. Total Number of Orphanages registered under the Kerala Orphanage control Board, which eligible For the Grant-in aid. * Sl No: Districts Total No: of Strength fixed Estimated orphanages for Grant-in Grant in Aid registered under Aid by Kerala for 1 Year www.ijellh.com 461 the Orphanages government Control Board 1 Thiruvananthapuram 23 1787 2144400 2 Kollam 19 1666 1999200 3 Pathanamthitta 5 280 336000 4 Alappuza 13 1077 1292400 5 Kottayam 56 3324 3988800 6 Eranakulam 56 5158 6189600 7 Thrissur 61 7621 9145200 8 Idukki 22 1325 2915000 9 Malappuram 41 6428 7713600 10 Palakkad 27 2795 3354000 11 Kozikkodu 33 5608 6729600 12 Wayanadu 16 1398 1677600 13 Kannur 38 2731 3277200 14 Kazargod 9 866 1039200 Total 419 42064 50476800 ICPS funding on Union Budget during 2009-2015 Funding Pattern: ICPS is a centrally sponsored scheme and shall be implemented through the State/UT .The total bulk funding from the Central Government distributed towards each states based on the recommendations of the Project Approval Board (PAB). State/UT shall in turn provide grant-in-aid to voluntary organizations under the different components as per the requirements. Reference*: Official website of Kerala Orphanage control Board: Tehelka Magazine, Volume 11 Issue 40, Dated 4 October 2014 Years Total Union Total Funding for % Of Child Budget in Budget (in ICPS(in crores) Union Budget crores) 2009-10 43736 59.36 4.28 2010-11 53941 115.13 4.17 www.ijellh.com 462 2011-12 52433 177.5 4.87 2012-13 66634 273.8 4.76 2013-14 72496 300.68 4.56 2014-15 69888 400 4.52 2015-16 57919 402.23 3.26 ICPS Central Funding for Kerala during 2009-2016 Year Central Allocation for ICPS(in crores) 2009-2010 1.491 2010-2011 3.202 2011-2012 3.341 2012-2013 5.10 2013-2014 4.797 2014-2015 7.035 2015-2016 --- Reference: Ministry of Women & child welfare http://wcd.nic.in/icpsmon/pdf/sanctions/san_kerala_26feb2014.pdf Press information Bureau -Government of India Conclusion ICPS is an important initiative established by the Government of India to enhance the care and protection of the vulnerable childrens India. ICPS serves different kind of safe guards for the children. ICPS started in 2009 and now it reaches all over the Indian states for delivering its services through its specific mechanisms. The implementation process of ICPS is a difficult task but almost all the states completed the statutory requirements for the effective functioning of the ICPS. Currently as per the reports, the crime against women and children are increasing, also the number of juvenile delinquents are increasing. More and more children came in to the Juvenile system. All this facts are bit desperation. However different types of drawbacks are identified in the Implementation of ICPS in kerala. The most of the schemes are developed for focusing the problem affected children’s. No preventive schemes are developed for reducing the risk of vulnerabilities. Government policies also concentrated on the rehabilitation of children’s in government Homes, nor preserving them in the Biological family. There were no such schemes focusing on building a Protective environment for the overall development of the Child, such as good food, security, better family care, and better medical care. www.ijellh.com 463 The implementation Of Juvenile Justice Act and other laws regarding the child protection in Kerala are very poor. Besides forming the State child protection Unit and District Child Protection Units. Even the Kerala Juvenile justice Rules were passed after the 10 years of 2006 amendment. Even now the doubts on the JJ Kerala Rules are not yet clarified by the Kerala Government to the public. The most important criticism about the JJ Kerala rule is which is framed for helping the Ngo’s and other Orphanages. Commissions for protection of Child Rights are established in each state for the protection of the child rights. But in kerala child rights commission is not at all co-coordinating with ICPS. Even the Child Rights commission doesn’t have a Chairperson till March 2015 from mid2014. The infrastructure facilities provided for the CWC’s, JJB’s, DCPU’s , under the ICPS is very limited , out of 14 CW’s only Kollam CWC does have own building and staff. The allocations in the Budget for the infrastructure become unutilized because of the poor Planning and ineffectiveness of the Kerala government. Before 2013 the Implementation part of ICPS in Kerala is very slow due to the shortage of staff availability. As a reason of not establishing the district level delivery structure i.e. District Child protection units, Kerala lost union Budget allocation in each year. For the effective implementation of the Programme, Government of Kerala established 14 child welfare committees and 14 Juvenile Justice Boards in the state. For the Better implementation and delivery of the services, all the District Child Protection Units are formed and the required staffs for the Functioning such as Protection officers for the children’s in Institutional care and children’s in non-institutional care, Counselors, Legal officers, Social Workers etc are hired. The budget allocation in the state Budget for the Protection of the child rights is very low. And no new schemes were established by the state government. The overall implementation of the ICPS in kerala still need more speed from the side of Policy level changes and in terms of funding. ICPS is mainly focusing on involving civil society organizations and Ngo’s in the child care and protection. The main highlight of the programme is to serving the benefits in a child friendly Manner in a Right based approach. The involvement and influence of NGO’S and Civil Society organizations in the field of Child Health, Education, and Rehabilitation are very important in the Kerala. ICPS focusing on Government-NGO partnership in child care and protection. In Kerala ICPS provide funds to various child care institutions for Child Rehabilitation, Education, Care and protection. As a result of joint co-operation with the Ngo’s and civil society organizations ICPS can able to provide more services to more beneficiaries in future. www.ijellh.com 464 REFERENCES Status of children [1]. Report: “Children in India- A Statistic Appraisal 2012” (Social Statistics Division, Ministry of Statistic and Program Implementation; Government of India). [2]. Official website of Department of social Justice-Kerala http://sjd.kerala.gov.in/index.php/childline -15-3-2015 [3]. A Case study on the School dropout Scheduled Tribal students of Wayanad District, Kerala Jobin Joy [4]. An Over View of Kerala Fisheries - with Particular Emphasis on Aquaculture [5]. http://www.indiaonlinepages.com/population/india-current-population.html - 15-3-2015 [6]. http://www.thehindu.com/news/national/kerala-tops-child-rights[7]. index/article2612302.ece - 15-3-2015 BOOKS [1]. Arathoon Anita, “Introducing History And Civics 5”, 2009. [2]. Bharti Ali, Praveena Nair “Twenty Years of CRC: A Balance Sheet” volume ii, HAQ Report,2011 [3]. WOLINS, Martin Selecting Foster Parents The Ideal and The Reality, 1963. Orphanage & Government run Home info: [1]. Minutes of the 38th PAB Meeting under ICPS held on 17/01/12 [2]. Reff: Official website of Kerala Orphanage control Board: http://www.old.kerala.gov.in/dept_socialwelfare/List%20of%20CHARITABLE%20INST ITUTIONS.htm#List of Orphanages -15-3-2015 [3]. Tehelka Magazine, Volume 11 Issue 40, Dated 4 October 2014 ICPS funding Information [1]. Ministry of Women & child welfare official web site: http://wcd.nic.in/icpsmon/pdf/sanctions/san_kerala_26feb2014.pdf - 15-3-2015 [2]. Government order to Pay & accounts officer [3]. Order No: 14-13/2009 cw ii [4]. Order No: 14-13/2009 cw ii vol iv [5]. Order No: 14-13/2014 cw ii [6]. Press information Bureau -Government of India [7]. HAQ Study on Budget for children’s in India: 2010, 13. **** www.ijellh.com 465
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