18 NATIONAL HUMAN RIGHTS COMMISSION United Nations Convention on the Rights of the Child(UNCRC) • Article 20 19 (Children deprived of family environment) Children who cannot be looked after by their own family have a right to special care and must be looked after properly, by people who respect their ethnic group, religion culture and language. • Article 21 20 (Adoption) Children have the right to care and protection if they are adopted or in foster care. The first concern must be what is best for them. The same rules should apply whether they are adopted in the country where they were born, or if they are taken to live in another country. • Article25 21 (Review of Treatment in Care) The Convention recognizes the right of a child who has been placed by the authorities for the purposes of care, protection or treatment of his or her physical or mental health. Provisions in the Constitution of India and Domestic Legislation/Policy Measures in Consonance with UNCRC Gaps between UNCRC & Indian Laws (G) and Recommendations(R) 1. Juvenile Justice (Care and Protection of Children) Act, 2015 a)Section 2(14) 23 defines the child in need of care and protection. b) Section 41 24 provides for mandatory registration of CCIs c) Section 42 25 provides for penalty for non registration of CCIs d) Section 44 (Foster Care), 43 (Shelter by State), 45 (Sponsorship through State), 46 (After Care through support from State), 37 (c) (Long Term Care by State) 26. e) Section 57 27 states that prospective adoptive parents shall be physically and mentally fit. In case of a couple, the consent of both the spouses shall be required for adoption. G6 32: Many of the CCIs are not registered but still no effective action is being taken. (As per NCPCR’s data around 1300 CCIs are un-registered) Guidelines • In furtherance of Section 68 28 of JJ Act, Central Adoption Resource Authority (CARA) is a nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. 2. The Hindu Adoption and Maintenance Act of 1956 a) Section 2(a) 29 allows only Hindus, Sikhs, Jains, and Buddhists to adopt. R6: State as well as Central Government should run a drive (on periodic basis) to identify and register CCIs so as to ensure no child is deprived of minimum standards of care and protection (as provided under Chapter 6 of JJ Model Rules). G7: Certain CCIs are still being registered under the Women and Children’s Institution (Licensing) Act 1956. (This Act has been repealed by Section 31 of The Orphanages And Other Charitable Home (Supervision and Control) Act 1960) R7: The registration of CCIs should only be under JJ Act and the Act of 1960 should be amended to cover only such charitable institutions that do not cater to children in need of care and protection as defined in