Childcare, a thriving business

Recent reports of deaths, neglect, malnourishment, starvation, exploitation, sexual assault, sodomy, beatings and even murder in childcare homes or institutions have shocked the nation. It seems to be the norm rather than isolated incidents,although these institutions are established to provide care, treatment and protection to children. Disabled children especially are perfect targets for the ‘hunterwala uncles, papas and mamas’. They are abused and exploited by the same people who they trust and who are supposed to take care of them. Their vulnerabilities are taken advantage of by those in power and authority.

Childcare has become a business. There are many institutions which have a valid registration but no childcare plan, no counsellors, no therapists, no special educators, no rehabilitation and reintegration process, and no expertise on child rights. How they got these registrations or licences is the moot question. There are many institutions running without even valid registrations. All these institutions violate constitutional provisions, national laws and international conventions on rights of the child. The juvenile justice system has completely failed the children. Child welfare committees, inspection committees, government departments, law enforcers and implementers, the NGOs … all seemed to be guilty of dereliction of duty. The failure to hold perpetrators accountable only ensures that violence continues. They go smiling when arrested as they are ‘confident’ that they will escape the law as those in a position to act may many times be complicit in the abuse.

It is a well-established universal principle that institutionalization should be the last resort and only in the best interest of the child. But in practice unfortunately, it is not so as institutionalization seems to be the only option. Studies and visits to institutions over a period of time have shown that only a minority of children in institutions are orphans, with many of them having being displaced and separated from a living parent or relative whose whereabouts may be unknown, while some of them are abandoned due to disability or illness. An area of concern is that the vast category of children in institutions, who are there only for ‘education and better life’, have parent(s) or relatives and they go home in vacations or during festivals. They take ‘admission in institutions’ for the new academic year like any other child being admitted in school. It is this disturbing trend that has led to overcrowding and resulting in misuse of the scarce resources of the State.

There does not seem to be any attempt at rehabilitation, social reintegration nor deinstitutionalisation, in majority of the homes. Once in institutions they are doomed to remain there with no proper education, training or skill. Why are we using our scarce resources to take children out of their families and placing them in institutions? Why should our children, including those with disabilities, be in institutions and get exploited? They need care and protection, treatment and not abuse, detention and exploitation. The State must invest in keeping children in their own families or communities. There need to be investment in medical services, non-institutional services, and community-support centres where of course staff and resources are employed but it benefits all children and families in that community. It is now proved that institutional care is more expensive than providing support to vulnerable families.

It’s time to move away from institutionalisation and towards empowerment, deinstitutionalization, social integration and independent living. Closed institutions should be open to educators, social workers, teachers and civil society. The State must take effective legislative and other measures to protect children in care or detention from violence, and reduce significantly the number of children who are institutionalised and detained. The Right to Education, Sarva Shiksha Abhiyan and the National Institute for Open Schooling must be accessible to children in institutions. Teachers and managements must be sensitised to include these children in their schools. Many government schemes do not reach the children in institutions. The government schemes for poverty alleviation, health, housing and employment must be extended to children’s institutions.

Children should have clear, accessible and safe channels to complain about the way they are treated, and the State must ensure effective monitoring, investigation, and accountability mechanisms to address violence when it occurs and to hold the perpetrators responsible. Why not have a child line (1098) in all institutions which children can access. Children should also have opportunities to express themselves freely. There must be a joint civil society and government inspection panels that can visit the homes regularly and talk to the children without the presence of the staff and management.

Licenses to run homes for vulnerable children must be given to those who have a proven record of child protection and the selection must be by a panel including government officials along with child rights experts. The entire licensing process must be transparent and online. Another important institution to be strengthened is the child welfare committees. Currently, many of them are part time members. At least some of them must be full time members as they have a very important role to play. Compulsory training and assessment for all those who want to be members of CWCs and JJBs.

Quick, exemplary punishment must be given to the perpetrators. Besides criminal punishment, compensation, loss of employment and loss of position including political positions of power and authority and other civil sanctions must also be included. Our children must be protected from brutalities. Like every social change this too will be a gradual process. There will be several challenges, including protests from parents and owners of institutions, many of whom have strong political connections, and who run homes as business enterprises because more the number of children, greater is the amount of grants. This will need commitment, policy and resources.

The author is Professor of Law, Tata Institute of Social Sciences, Mumbai. Views are personal.