During the raging second wave of Covid-19 in India, innumerable children have lost one or both parents to the disease. This has heightened concerns about child trafficking under the guise of adoption and led to a rise in child marriages.
Illegal Adoptions and Legal Consequences
Numerous social media posts concerning adoption of children orphaned due to Covid-19 are being circulated. As per the Juvenile Justice (JJ) Act 2015, such activities are illegal according to Sections 80 and 81. These sections prohibit unauthorized offering or receiving of children outside the legally-approved process, along with their sale and purchase. Violators can be penalized with imprisonment ranging from three to five years or a fine of Rs. 1 lakh.
Official Protocol for Protecting Orphaned Children
Protection guidelines have been established under the JJ Act for orphaned children. If any individual has information about a child needing care, they should contact Childline 1098, the district Child Welfare Committee (CWC), District Child Protection Officer (DCPO), or the helpline of the State Commission for Protection of Child Rights. Post-contact, CWC will assess the child’s situation and place them under the immediate care of a Specialised Adoption Agency. Once CWC declares a child legally free for adoption, either Indian prospective adoptive parents or non-resident Indians or foreigners can adopt the child, following a specific order.
Role of Central Adoption Resource Authority (CARA)
CARA, under the Ministry of Women and Child Development, regulates the adoption of orphaned, abandoned, or surrendered children via its associated or recognized agencies. CARA operates as per the Hague Convention on Intercountry Adoptions 1993, which has been ratified by India.
SAMVEDNA Initiative for Emotional Support to Children
To provide psychological and emotional support to children affected during the Covid-19 Pandemic, the National Commission for Protection of Child Rights (NCPCR) has launched SAMVEDNA (Sensitizing Action on Mental Health Vulnerability through Emotional Development and Necessary Acceptance). This offers tele-counseling to children in need.
Child Trafficking in India: An Analysis
The 2018 report from the National Crime Records Bureau (NCRB) revealed that 51% of all trafficking victims were children, with girls comprising over 80% of these. West Bengal, Chhattisgarh, Jharkhand, and Assam are currently the most affected states. Forced labor, domestic work, and sexual exploitation are the most common reasons for child trafficking in these states.
Constitutional and Legal Protections for Children
The Indian Constitution provides various protections for children under Articles 21, 23, 24, 39, and 45. These include the right to live with dignity, prohibition of trafficking and forced labor, prevention of child labor, right to health, strength, opportunity, and freedom. Important legal protections are provided by The Immoral Traffic (Prevention) Act, 1986 (ITPA), Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, Juvenile Justice Act, Sections 366 (A) and 372 of the Indian Penal Code, and The Factories Act, 1948.
Other Significant Initiatives
India has ratified several international conventions to prevent child trafficking including the United Nations Convention on Transnational Organised Crime (UNCTOC), which includes the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo protocols), and the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. The National Commission for Protection of Child Rights (NCPCR) was established in 2007 under the Commission for Protection of Child Rights Act, 2005. India also ratified the UN Convention on the Rights of the Child (UNCRC).
Caring for Orphaned Children
Children represent a valuable national asset, with the nation’s future directly linked to their wellbeing and development. Priority should be given to the welfare of children when considering adoptions, as mandated by Article 39 of the Constitution. Therefore, children who have been orphaned or abandoned due to the Covid-19 pandemic must not be left neglected or facing uncertain futures. Authorities entrusted with responsibilities under the JJ Act should ensure their proper care and protection.