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Status of Children in Care Homes in Odisha
A Socio-legal Analysis
Annapurna Pattnaik Dr. Navaneeta Rath
Assistant Professor in Law Prof.in Sociology
SOA University Utkal University
Abstract
Children are the future of every country. They are presumed to be the backbone of every country.
They have to enjoy their rights and should not be neglected and should not be suffered from the cruel
and heartless society. Children happen to be the potential human resource of a country.so, providing
an enabling environment to the children is the priority area in all national agenda. Children constitute
the supreme assets of all the countries. The main motto of the country is to develop the national
human resources. The population of children in India are more in number than the world. In 2011
census data states that 40% are children in India. The vulnerability of the children is thus very high
in India. However, the incidence is higher among the groups like orphans, abandoned and destitute,
missing and run away, abused, tortured and exploited children in India. The issues of these children
are a multi-dimensional social problem and it is difficult to obtain an accurate and unambiguous
picture of these children. Today the main problem is named as the psycho-social problems which
lead to mental disorder, unhappiness and other mental problems. So, because of mental disorder and
pitiable life these children such as the missing, runaway, abandoned and street children are the
victims of many thing in our present society.So, the problems of these kind of children are the
alarming issues in India. The general opinion of the public is that the runaway, destitute and
abandoned children are involved in antisocial activities and they are the juvenile delinquents. The
present study is an analysis of children staying in various orphan homes.
Key Words: Care Homes, Destitute and Runaway Children, Psycho-Social Problems
Introduction
“Behold, children are a gift of the LORD, the fruit of the womb is a reward.” This is the universal
definition of the importance of children in this earth. They are the future of this planet. The socio-
economic growth of the country is depending upon the intellectual young population, because they
are the human resources of our country. Children are the future generation for every country.They
are the mirror of the future world and it is wise to think about the mere welfare development of a
child. The child should be educated and the orphan child should be reeducated in every country. A
child is a person who gives glory and glitter for the family as well as nation. A child love is
something very special and cannot comparable with anyone’ love. Through childhood days a man
can learn the simplicity, honesty, good character, love, intimacy and dedication. But there is
innumerable runaway, missing, abandoned and street children who cannot get love and caring from
the home or relatives and they are always in a miserable condition in our society. But all the children
are not engaged in anti-social activities. It is a wrong notion which was spread all over the country
that these children are engaged in all the antisocial works. Our general public has a bad impression
on them and they hesitate to buy chocolates, biscuits and sweets for these kind of children in our
society. Many people have a bad perception that they are the children of illegal peoples or the
beggar’s people. So, these kinds of children are always in mental trauma in our country.
Family background and responsibility
A child must get the love and affection from the family members or relatives. So, the home and the
parent-child relationship play a crucial part in the life of a child. From that they learn the term
discipline, character, personality and integrity etc. social security also provided by the family
members or relatives in our society. In the broken homes where a child runs away from the family
because there is lack of love and affection, or a child is missing because of any reason and the
abandoned children are the result of the dead parents or because of divorce and poor condition of
the family. So, death is the ultimate brutality for every child. Many children are abandoned because
their parents cannot be traced. Many children are orphans when their parents are dead. So, justice
cannot be given to these children who are orphans, destitute, runaway, missing and abandoned
children. They cannot enjoy their childhood days and far fron love, affection, care and protection.are
the unfortunate dregs of this consumerist society, alienated and ostracized by the society. They are
the children who never knows the joys and happiness of the childhood. Their innocent smile will
melt everyone heart.
Factors affecting the emergence of orphans, runaway, abandoned and destitute children
There are many factors are responsible for the emergence of these kind of children. They are given
below: -
A. Person Perspective
Psychological and sociological deprivations are the main cause which make a person runaway or
abandoned. Divorce, death of anyone of the parents, exploitation, torture, born out of illicit
relationship, poverty, natural disaster or vulnerable diseases etc. are the main important personal
factors of these kind of children.
B. Society perspective
Due to the increase of industry, urban development and decrease of joint family and emerging of the
nuclear family and globalization etc. are the main reasons where a man is more ambitious and run
after the money to fulfil the wants. He may neglect the family and the children and which force the
children to be destitute and runaway and abandoned in our society. The unmarried women are not
sexually ignorant. In our patriarchal society all unmarried mothers felt guilty about their motherhood
and illegitimate children. They thought that these kinds of babies will be born deformed. A large
number of unmarried mothers with poor family background and came from the divorce, broken and
orphan family are exploited and suffered a lot and faced all kinds of vulnerability in their life. They
have engaged with illicit relationship with others and also raped by others without consent and no
one is there to look after them. Some of them also aborted and some throw their child in the dustbin
or in front of the child care homes. They do not want to take the any burden in their life. There is no
love and affection in their life and they are not accepted by our mainstream society. So the main
reasons for the child to be destitute , abandoned, runaway or orphans are: broken homes, divorced
family, parent separation, natural disaster, death of parents, ill-treatment by the step-parents and
relatives, family exploitation, poverty, intoxication by the parents, gambling, low income of the
family and conviction of either parent etc. so, these conditions have produced a large number of
missing, runaway, destitute, orphan and abandoned children in our society.
From Economic Perspective
Those are the poor children, they basically came from low pay income family background and it
is not possible for them to maintain themselves in the society with minimum food, clothing and
shelter. The financial crisis forced them to leave and run away from their family to live in the
society. They also beg in our society in order to survive in the earth. So, poverty is the main
reasons which force a child to be run away and destitute in our society. So economic status played
an important role in our society which compel the children to be abandoned, destitute and runaway
From Nature Perspectives
Because of natural disaster like drought, cyclone, flood, earthquakes, fire etc. are the main reasons
which make a child destitute and abandoned in our society. Because of these factor a child is orphan
and destitute and abandoned in the society. Constitutional Provisions
Indian constitution also highlights the need and significance of providing destitute and runaway and
abandoned children protection and assistance.
1
There are many rights are claimed by the children such as:
To enjoy their childhood
To get free elementary education
To get good mental and physical health
To be heard
To be treated equally
1
Constitution of India 1950
The constitutional provisions are given below
2
: -
1. Article14: says about “equality before the law or the equal protection of the laws within
India”.
2. Article 15 (3): says about “prohibition of discrimination on the ground of religion, race,
caste, sex or place of birth”.
3. Article 21: says about “no person shall be deprived of his life or personal liberty except
procedure established by law”.
4. Article 21 (A): says about “free and compulsory education to all children of the age of six
to fourteen years”.
5. Article 23: “prohibits trafficking of human beings and forced labour”.
6. Article 24: “prohibits employment of children below the age of fourteen years in factories,
mines, or any other hazardous occupation”.
7. Article 25 - 28: “provides freedom of conscience and free profession, practice and
propagation of religion”.
8. Article 45: “envisages that the state shall endeavor to provide early childhood care and
education for all children until they complete the age of six years”.
Juvenile Justice (Care and Protection of Children) Act 2000
The Juvenile Justice Act (JJA) was enacted in 2000 in keeping with the standards for child protection
provided by the UN Convention on the Rights of the Child. The JJA is a central legislation that
requires each state in India to set up the infrastructure and protocols for implementations of the JJA
provisions at the ground level. The JJA was amended in 2006 to further strengthen the juvenile
justice process. However, the gap between policy and practice is wide.
This Act classifies children for the purpose of dealing with them into two categories namely Children
in conflict with law (including those just allegedly so) and Children in need of Care and Protection.
The children in conflict with law are to be dealt by the Juvenile Justice Boards (JJBs) usually shortly
called as the ‘board’ and the children in need of care and protection are to be dealt by Child Welfare
Committees (CWCs), usually shortly called as ‘committee’. The
Act makes it mandatory to have one Juvenile Justice Board in each district to deal with matters
relating to juveniles in conflict with law and 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 human rights.
2
Constitution of India 1950
The JJA recognises cruelty against children by people who have the charge of such children or
control over such children as a special offence. Section 23 of this Act provides for punishment for
cruelty to a child, which includes assault, abandonment, exposure or willful neglect that is likely to
cause mental or physical suffering to the child. This law also helps to ensure care and protection of
trafficked children and their restoration and reintegration with their family and community.
According to the JJA a child in need of care and protection means a child who does not have parents
and no one is willing to take care of him or whose parents have abandoned him or who is missing
and is a runaway child, whose parents cannot be found after reasonable enquiry. Therefore, missing
children would come under the category of children needing care and protection, falling under the
purview of this legislation.
Definition of a child
Definition of Child According to the UNCRC
3
, “ a child means every human being below the age
of eighteen years unless, under the law applicable to the child, majority is attained earlier. In India,
various laws related to children define children in different age limits”. Article 1 defines
4
“the holder
of rights under the CRC as ‘every human being below the age of 18 years unless under the law
applicable to the child, majority is attained earlier”. Here the convention on child rights specifies
that the age of the child limit of the child is 18 years. But it varies from Act to Act. Because under
Factory Act the age of the child is 14 years. “Under the Indian Majority Act 1975 the age limit is 18
years”. Although India has permitted medical termination of pregnancy through legislation enacted
in MRTP Act 1971
5
. Significantly,” Section 20 of the Indian Succession Act 1925
6
gives the right
to property to a child in the womb whose parent dies intestate and who is subsequently born alive—
he/she will have the same right to inherit as if he or she had been born before the death of the parent”.
The child labour (Prohibition and Regulation) Act, 1986
7
defines “a child as a person who has not
completed fourteen years of age”. The Juvenile Justice (Care and protection of Children) Act, 2000
8
changed the definition of child to any person who has not completed 16 years of age. This
amendment has made after the “Nirvaya Case in Delhi”. For all matters this definition of child
defined by JJ Act is considered in all fields.
9
“There are also other laws which are enacted by the Indian legislature on children issues basing on
Child Marriage, Child Trafficking, neo-natal Care, Child Labour, Child Abuse, juvenile delinquents
etc. Apart from the special enactments, government of India is also executed different plans and
programmes for the betterment of the children in India. The national policy for children formulated
3
UNCRC Report
4
UNCRC 1989
5
MRTP Act 1971
6
Indian Succession Act 1925
7
Child Labour Prohibition Act 1986
8
The Juvenile Justice (Care and protection of Children) Act, 2000
9
www.clapindis.org
by government of India in 1974
10
described children as a “supremely important assets”. This policy
offered necessary facilities for the children once and before birth lay down that State ought to provide
adequate services for children each before and once birth, and through the growing stages for his or
her full physical, mental and social development. The measures prompt embrace amongst others a
comprehensive health programme, supplementary nutrition for mothers and youngsters, promotion
of education and recreational activities, special thought for kids of weaker sections and hindrance of
exploitation of youngsters”.
There are some special laws for the protection of children in India. They are given below: -
11
Special Laws on Protection of Children in India
Sn.no.
Name of the Act
Objectives
1
“Guardians and Wards Act,
1890”
“This Act deals with the qualifications, appointment
and removal of guardian of children by courts and is
applicable to any or all children”.
2
“Child Marriage Restraint Act,
1929 (Amended in 1979”).
“This Act lays down minimum age of marriage on
each the sex and prohibits child marriage however it
doesn't invalidate once marriage is solemnized.”.
3
“Hindu Adoption and
Maintenance Act, 1956”
“This Act codifies the law of adoption and
maintenance. This alternative provides for adoption
of men and women. This act applies absolutely to
Hindus, Buddhist, Jains or Sikhs by faith and to not
Muslim, Christians. Parsee and Jews”.
4
“Immoral Traffic (Prevention)
Act, 1956 (Amended in 1986)”.
“This Act prohibits human trafficking and severe
punishment for those who are engaged in such
activities
5
“Orphanages and other
Charitable Homes
(Supervisions and Control) Act
1960”.
“This Act provides for the supervision and control of
Orphanages and Homes for Children”.
6
“Bonded Labour System
(Abolition) Act 1976”.
“This Act purports to get rid of bonded labour and
lead an independent life”.
10
National Policy for Children 1974
11
www.Pecuc.org
7
“Child Labour (Prohibition and
Regulation) Act, 1986”.
“This Act prohibits the engagement of children in any
employment and regulates the conditions of labour of
children in sure alternative employment”.
8
“Infant Milk Substitutes,
(Regulation of Production,
Supply and Distribution) Act
1992. (Amended 2003)”.
“The Act aims to safeguard and promote
breastfeeding”.
9
“Pre-Conception and Pre-Natal
Diagnostic Techniques
(Prohibition of Sex Selection)
Act 2003”.
“This Act provides regulation of the utilization of
pre-conception and Pre-Natal Diagnostic Techniques
for the aim of police investigation genetic or organic
phenomenon disorders and for the hindrance of the
misuse of such techniques
10
“Person with Disabilities
(Equal Protection of Rights and
Full Participation) Act, 1995”.
“This Act has ensured the responsibilities of the
Central and State Governments with respect to
services for disabled persons. The Act additionally
speaks regarding education of children disabilities up
to age of eighteen years”
11
“Juvenile Justice (Care and
Protection of Children)
Amendment Act, 2006”.
This Act deals with the laws concerning Juvenile in
conflict with law and need of care and protection
Status of children in India
• Every year the birth rate of the youngsters is twenty seven million
• 40% of youngsters died in deficiency disease
• Two-thirds of children area unit victims of physical abuse
• 50% of them featured completely different sort of abuse and 2 hundredth of them featured
the severe abuse in our society
• 1.83 million children die annually before finishing their fifth birthday
• 36% of children area unit suffered from varied diseases as a result of poor sanitation, unsafe
water etc.
State of children in Odisha
• In each one thousand live births, seventy-seven children die before attaining one year archaic.
• 48 newborn infants die in each one thousand live births before 30-days of survival.
• 55.4% new born babies are under weight at the time of their birth.
• 62.71% of 0-3 years aged children are died by various diseases.
• Out of each a hundred registered children, thirty-two dropout are in school education and
fifty-two % in tribal areas.
• sixty-eight children complete primary education.
• Twenty third of women area unit married before attaining the age of wedding of eighteen
years. it's quite four-hundredth within the district of Odisha.
• one thousand children 0-14 years of aged suffered from various exploitation
Name of the Acts and their Objectives
Statement of the problem
The board statement of the problem relates to a study of the status of children in child care homes
and to determine the efficacy of the child care homes as becoming alternative family system for
children without families.
Name of the Acts
Objectives
“Guardians and Wards Act, 1890”
“This Act deals with the qualification,
appointment and removal of the guardians of
children by courts and is applicable to all
children irrespective of their religion”.
“Child Marriage Restraint Act, 1929”
“This Act deals with the minimum age of
marriage and prohibits the child marriage”.
“Immoral Traffic(prevention) Act, 1956”
“This Act deals with the offences of procuring,
inducing and taking a person for a sake of
prostitution”.
“Orphanages and Other Charitable Homes
(supervision and control) Act, 1960”
“This Acts provide for the supervision and
control of orphanages and other care homes for
children”.
“Child Labour (Prohibition and regulation)
Act, 1986”
“This Act prohibits the engagement of children
in certain kind of employment and regulate the
conditions of work”.
J”uvenile Justice (Care and Protection of
children) Amendment Act ,2006”
“This Act deals with the laws relating to
juvenile in conflict with laws and children in
need of care and protection”.
Objectives
The study will be propelled by the following objectives:-
• To estimate the socio-economic profile of children in care homes.
• To tress out the rights enjoyed by the children in the care homes.
• To judge the physical, intellectual and moral development of the children in the care homes.
• To create a comprehensive understanding of the phenomenon and the problem of missing
and run away children who stayed in care homes and legal framework dealing with it and the
challenges in the implementation of the rules and regulations.
• To draw the attention of all concerned with child rights to focus their attention on the problem
and take steps to combat the same.
• To solicit the opinion and suggestion to make the care homes better living places for the
children.
Tools of Data Collection
The study will rely on sampling method. The study will take recourse to both primary and secondary
methods of data analysis. This study is an attempt to study the deeper part of the problem of missing,
runaway, abandoned and destitute children in different care homes. It is a multifaceted and complex
problem. Here the researcher tried to find out the family background and environment and the
situations and circumstances under which the child went missing and orphan. The main aim of the
research is prevention of child abuse, neglect by family and exploitation and violence. This research
also aims to identify the Govt. agency and law implementation agency, juvenile justice system and
other organization those are working on the area of child rights and providing shelter homes to these
kinds of children and their rehabilitation. The overall purpose of the research is to find out the
problems and develop the information which will provide guidance to the policy makers and other
authorities who will make law and take the preventive steps to provide a safer environment to the
child in our society.
Data analysis
1. Background of the orphan children
Table 1
Age of the child when Orphan
Description
Males
Females
Total
N
%
N
%
N
%
0
-
3 years
08
26.66
01
05
09
18
4
-
8 years
02
6.66
12
60
14
28
9
-
12 years
12
40
05
25
17
34
13
-
18 years
08
26.66
02
10
10
20
Total
30
100
20
100
50
100
In this above table the researcher came to know that between 0-3 years 18% children, between 4-8
years 28%, between 9-12 years 34% and 13-18 years 20% were orphan.
Table 2:
Occupation of parents
Description
Males
Females
Total
N
%
N
%
N
%
Service
10
33.33
10
50
20
40
Daily wager
10
33.33
05
25
15
30
Self
-
employed
10
33.33
05
25
15
30
Total
30
100
20
100
50
100
0
50
100
150
200
N % N % N %
Males Females Total
Age of the Child
0 -3 years 4-8 years 9-12 years 13- 18 years Total
From this above table the researcher find out that the parents from service background 40%, from
labour class 30% and from self employed 30% are the respondent’s whose children were runaway
or missing or abandoned and become orphans.
Table 3:
Marital Status
Description
Males
Females
Total
N
%
N
%
N
%
Married
05
16.66
06
30
11
22
Separated
05
16.66
04
20
09
18
Divorced
10
33.33
05
25
15
30
Widowed
10
33.33
05
25
15
30
Total
30
100
20
100
50
100
6%
20%
6%
31%
12%
25%
Occupation of the Parents
Males N
Males %
Females N
Females %
Total N
Total %
In this above table researcher came to know that 22% are married, 18% are separated couples, 30%
are divorced and widowed. So because of the family disturbances many children were runaway,
destitute and abandoned children.
Care home description
Description
Males
Females
Total
N
%
N
%
N
%
Runaway
05
16.66
06
30
11
22
Destitute
05
16.66
04
20
09
18
Abandoned
10
33.33
05
25
15
30
Abduction
10
33.33
05
25
15
30
Total
30
100
20
100
50
100
0
20
40
60
80
100
120
N % N % N %
Males Females Total
Marital Status
Married Separated Divorced Widowed Total
0
20
40
60
80
100
N % N % N %
Males Females Total
Care Home Description
Runaway Destitute Abandoned Abduction Total
In this above table the researcher came to know that 22% ware run away, 18% were destitute, 30%
were abandoned and 30% were abducted.
Research Experience
Establishing trust and rapport with the respondents were the most important aspects of the study as
the subject was very emotional and parents were reluctant to answer questions to a stranger with a
questionnaire. Trust and rapport were built over time, almost always requiring several visits.
Repeated meetings helped the researcher to establish trust and build relationships.
The researcher consciously worked hard to be accurate and objective, and to fairly and accurately
record the responses of the parents as well as depict the lapses on the part of the system as it is. It
was not part of the researcher’s job to push an agenda, but rather to be relentlessly objective and
prevent any sort of bias to seep in during the course of this study. The researcher’s experience during
the collection of secondary data was positive. The Government should to work with the Police,
NGOs and the civil society to ensure correct measures are in place for monitoring and assessment
of performance on missing incidents. Furthermore, the Government, in conjunction with
stakeholders, needs to develop a shared risk assessment model for practitioners to use across all
sectors. It should scope the options for extending and improving the support available to families of
the missing, identifying mechanisms by which every family gets the support it needs; and better
information should be provided to families on the support available from Police, other agencies and
NGOs.
Conclusion and suggestions
Significant progress can be made into tackling the problem of missing children episodes as
evidenced by the work done in the developed countries by the law enforcement authorities and
relevant agencies, as well as to reduce the reports of such cases by a proactive approach. It is
extremely necessary to adopt strategic framework for a problem-solving approach. This will help to
reduce the number of children going missing and lower the risk factor of harm coming to these
vulnerable children. This can only be achieved by understanding the causes and circumstances
surrounding the missing children episodes. A child going missing should be regarded as an indicator
of other issues. Such incidents may lead to uncovering exploitative and criminal behaviour against
vulnerable children and teenagers. There is usually a reason why a child goes missing. The police
and other relevant authorities would have the opportunity to identify intervention measures by
understanding the causes and reasons why the problem occurs. Furthermore, it will assist in drawing
attention to creating safeguarding measures related to investigation of such crimes, and identification
of the perpetrators of these crimes. Whilst there are numerous facets to the missing children
phenomena, the efforts of all agencies involved can be grouped into achieving four key outcomes:
• Ensuring the immediate safety of the child who goes missing
• Resolving cases expediently
• Preventing children from going missing
• Support for the families left behind
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