Executive Summary:
The Ministry of Women and Child Development addresses concerns regarding the displacement of children due to climate change and environmental disasters, referencing UNICEF's "State of the World's Children Report 2024". It clarifies the legal framework under the Juvenile Justice (Care and Protection of Children) Act, 2015 (amended 2021) for the rehabilitation of affected children. The response details various measures and initiatives undertaken by the government, including the Mission Vatsalya scheme and the role of the National Commission for Protection of Child Rights (NCPCR).
Key Points / Main Content:
Legal Framework and Definitions:
• The Juvenile Justice (Care and Protection of Children) Act, 2015 (amended 2021) provides a legal framework for child rehabilitation affected by climate change and disasters.
• A child affected by natural calamities is classified as a Child in Need of Care and Protection (CNCP) under Section 2(14)(xi) of the JJ Act.
• CNCPs are entitled to protection, care, and rehabilitation under the Act.
Responsibilities and Processes:
• Child Welfare Committees (CWCs) are responsible for individualized care and rehabilitation plans for displaced children (Section 30 of JJ Act).
• Rehabilitation prioritizes family-based care (restoration to family, guardianship, sponsorship, adoption, or foster care) (Section 39 of JJ Act).
• Institutional care is provided if family placement is not possible (Section 39 of JJ Act).
• Child Care Institutions (CCIs) must provide basic needs, counseling, education, and skill development to CNCPs (Section 53 of JJ Act).
• Individual Care Plans (ICPs) must consider trauma and loss due to displacement (Rule 19(4A) of JJ Rules, 2016).
• Aftercare services support children leaving institutional care at 18, including education, skills, and housing (Rule 25 of JJ Rules).
Government Initiatives:
• Mission Vatsalya, a centrally sponsored scheme, delivers services for children in difficult circumstances, including institutional and non-institutional care.
• CCIs under Mission Vatsalya offer education, vocational training, recreation, healthcare, and counseling.
• Non-institutional care includes sponsorship, foster care, and aftercare.
Role of NCPCR:
• The National Commission for Protection of Child Rights (NCPCR) addresses rights violations, including those related to natural disasters and climate change, under the CPCR Act, 2005.
• NCPCR has developed a Comprehensive Manual on Safety and Security of Children, referencing disaster management resources.
• The school safety audit checklist covers fire, earthquake, flood, cyclone, and landslide safety.
Disaster Management and Financial Assistance:
• State Governments are primarily responsible for disaster management and relief assistance.
• The Central Government provides logistics and financial support.
• Financial relief is provided from the State Disaster Response Fund (SDRF) and, for severe disasters, from the National Disaster Response Fund (NDRF).
• Financial assistance under SDRF and NDRF is for relief, not compensation.
• Long-term recovery is supported through NDRF and SDRF funding.
Impact Analysis:
Children Affected by Climate Change and Disasters:
Impact: Entitled to care, protection, rehabilitation, and access to basic needs, education, and counseling as CNCPs under the JJ Act.
Action Required: Access available services and support through CWCs and CCIs.
Child Welfare Committees (CWCs):
Impact: Responsible for creating and implementing individualized care and rehabilitation plans for affected children.
Action Required: Ensure each child receives appropriate care and support, including family-based or institutional care.
Child Care Institutions (CCIs):
Impact: Required to provide comprehensive services, including basic needs, counseling, education, and skill development, to displaced children.
Action Required: Implement individual care plans and provide access to necessary resources.
National Commission for Protection of Child Rights (NCPCR):
Impact: Mandated to address rights violations and issue notices to authorities concerning the rights of children affected by disasters.
Action Required: Monitor and address violations, promote safety measures, and ensure children's rights are protected.
State Governments:
Impact: Primarily responsible for disaster management, relief assistance, and financial support using SDRF and NDRF funds.
Action Required: Develop and implement disaster management plans, provide financial relief, and coordinate with central authorities.
Key Entities Referenced
UNICEF: United Nations Children's Fund, an international organization that publishes the 'State of the World's Children Report'.
State of the World's Children Report 2024: A report published by UNICEF that highlights issues concerning children globally, including those related to climate change and environmental factors.
Juvenile Justice Care and Protection of Children Act, 2015: Indian law that provides a legal framework for the rehabilitation of children affected by climate change, natural calamities, and environmental disasters.
Child in Need of Care and Protection CNCP: A classification under the Juvenile Justice Act for children who are victims of or affected by armed conflict, civil unrest, or natural calamity.
Child Welfare Committee CWC: A committee responsible for ensuring that each child, including those displaced due to disasters, receives individualized care and rehabilitation plans.
Child Care Institutions CCIs: Institutions that provide basic needs, education, and support to displaced children recognized as Children in Need of Care and Protection.
Mission Vatsalya: A Centrally Sponsored Scheme implemented by the Ministry of Women and Child Development in all States and Union Territories to deliver services for children in difficult circumstances.
National Commission for Protection of Child Rights NCPCR: An organization mandated to take cognizance of matters pertaining to violation and deprivation of the rights of children, including those affected by natural disasters and climate change, under the Commission for Protection of Child Rights CPCR Act, 2005.
GOVERNMENTOFINDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO. 2285
TO BE ANSWERED ON 01.08.2025
REHABILITATION OF CHILDREN
2285. DR. RANI SRIKUMAR:
Will the Minister of Women and Child Development be pleased to state:
(a) whether the Government is aware of UNICEF's "State of the World's Children Report
2024” which States that a significant number of children in the country are at high risk
of displacement due to climate change and environmental disasters;
(b) if so, the details regarding the displacement of children if any in the country during
the last five years due to the said reasons; and
(c) the details of measures/initiatives being taken by the Government to prevent
displacement and to rehabilitate affected children?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI SAVITRI THAKUR)
(a) to (c): UNICEF independently publishes the “State of the World’s Children” report
annually, which provides a general global perspective on issues concerning children,
including those arising due to environmental and climate-related factors. These reports
include references to various countries based on compiled international datasets and are
not country-specific official reports.
Ministry of Women & Child Development is the nodal Ministry for the Juvenile Justice
(Care and Protection of Children) Act, 2015 (as amended in 2021) which establishes a
comprehensive legal framework for the rehabilitation of children affected by climate change,
natural calamities, and environmental disasters:
As per section 2(14) (xi), a child "who is victim of or affected by any armed conflict,
civil unrest, or natural calamity" is classified as a Child in Need of Care and Protection
(CNCP), meaning children who are displaced or rendered vulnerable due to climate
change-induced disasters (e.g., floods, cyclones, droughts, and similar events) are
entitled to receive protection, care, and rehabilitation as per the Act. Under Section 30 of the JJ Act, the Child Welfare Committee (CWC) is responsible
for ensuring that each child, including those displaced due to disasters, receives
individualized care and rehabilitation plans, monitoring and follow-up.
Section 39 of the Act lays down the rehabilitation and social reintegration process for
such children based on their individual care plan, preferably through family-based
care such as by restoration to family or guardian, sponsorship, adoption or foster
care. It also provides for suitable institutional care for children who are not placed in
families for any reason.
Section 53 of the Act makes provisions for displaced children recognized as CNCP
who are placed in Child Care Institutions (CCIs) to have access to basic needs such
food, shelter, clothing, medical attention; psychological counselling and mental
health support; appropriate education and skill development; life skills; legal aid;
recreational activities; individual care plans tailored to each child's needs; referral
services and preparation for family-based reintegration or independent living when
appropriate.
Rule 19 (4A) of the Juvenile Justice (Care and Protection for Children) Model Rules,
2016 requires the development of Individual Care Plans (ICP) for every CNCP,
considering the specific circumstances—including trauma and loss due to
displacement.
Rule 25 of JJ Rules also makes provisions for aftercare services to children leaving
institutional care on attending the age of 18 by providing for their education,
employable skills and placements, and places to stay for facilitating their social
reintegration.
Further, Ministry of Women and Child Development is implementing a Centrally Sponsored
Scheme namely ‘Mission Vatsalya’ in all States/ UTs on predefined cost sharing basis
between the Central and the State Governments to deliver various services for children in
difficult circumstances which include institutional care and non-institutional care services.
The CCIs established under the Mission Vatsalya scheme support, inter-alia, age-
appropriate education, access to vocational training, recreation, health care, counselling
etc. Support under non-institutional care is provided by way of sponsorship, foster care and
after care to CNCP.
Under the Commission for Protection of Child Rights (CPCR) Act, 2005; the National
Commission for Protection of Child Rights (NCPCR) is mandated to take cognizance in such
matters and issue notices u/s 13(1) (j) of the aforementioned Act to concerned authorities
in matters pertaining to violation and deprivation of the rights of children including natural
disasters and climate change such as “Heat Waves”, “Flash floods” “Earth Quakes” etc.
The Commission has developed and circulated a “Comprehensive Manual on Safety and
Security of Children”. Above manual references “Activity Book for Disaster Management”
published by the National Institute of Disaster Management (NIDM). The school safety auditchecklist of the said NCPCR’s safety manual covers the aspects related to disasters such
as “Fire”, “Earthquake”, “Floods”, “Cyclone” and “Landslides”.
Further, as per the National Policy on Disaster Management, the primary responsibility for
disaster management including disbursal of relief assistance on ground level rests with the
State Governments concerned. The Central Government provides requisite logistics and
financial support to the efforts of the State Governments. The State Governments provide
financial relief to the affected people in the event of notified natural disasters which includes
floods and landslides, from the State Disaster Response Fund (SDRF), already placed at
its disposal, in accordance with approved items and norms of Government of India.
However, in the event of disaster of severe nature additional financial assistance is
extended from the National Disaster Response Fund (NDRF), as per laid down procedure,
which includes an assessment based on the visit of an Inter-Ministerial Central Team
(IMCT). The financial assistance provided under SDRF and NDRF is by way of relief and
not for compensation. For the long-term post disaster needs, States are supported through
recovery and reconstruction funding window under NDRF and SDRF.
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