Page 1
YOJANA May 2022 23
India is one of the youngest countries in the world— it is projected that till 2050, half of the world’s
population growth will come from nine countries including India. For any country, children are
the future capital, an asset that needs to be nurtured if the demographic dividend is to be truly
reaped. Since the pandemic struck in 2020, thousands of children have been orphaned. Policies
may be reviewed for the 30 million orphaned and abandoned children, and bring them into
focus by urgently realigning its childcare policies.
Safeguarding Children
Sameera Saurabh
The author is Joint Secretary, Ministry of MSME, GoI. She has worked for Social Sector and Development Agenda of G20 and specialises
in Developmental Economics. Email: sameera.saurabh@gmail.com.
futuRe cApIt Al major part of India’s population— around
158 million consists of children in the age
group of 0-6 years.
1
India is home to 472
million children upto the age of 18 years and
comprising 39 per cent of the country’s population. There
are roughly 30 million orphaned and abandoned children
in India–– that’s almost 4% of the youth population.
According to the United Nations Children’s
Fund (UNICEF), India has 29.6 million orphaned and
abandoned children. However, figures provided by
private organisations showed that in 2017, of these 30
million children, there were only 470,000 children in the
institutionalised care. And, of these, roughly half a million
children, only a fraction finds their way into family care
A
because adoption rates in India are abysmally low. This
means that there needs to be a huge readjustment in the
Government’s focus on child development, as currently,
millions of children are being denied opportunities to live
a life of safety and good health.
Adoption rates in India have always been low, but
they have been dropping in the past few years. The
Government’s Central Adoption Resource Authority
(CARA) statistics show that in 2010, there were 5,693
in-country adoptions, while in 2017-2018, there were only
3,276 in-country adoptions. This fall occured because out
of approximately 30 million children abandoned, only
261,000 are under institutionalised care, accounting for
a meagre 0.87%.
FOCUS
Page 2
YOJANA May 2022 23
India is one of the youngest countries in the world— it is projected that till 2050, half of the world’s
population growth will come from nine countries including India. For any country, children are
the future capital, an asset that needs to be nurtured if the demographic dividend is to be truly
reaped. Since the pandemic struck in 2020, thousands of children have been orphaned. Policies
may be reviewed for the 30 million orphaned and abandoned children, and bring them into
focus by urgently realigning its childcare policies.
Safeguarding Children
Sameera Saurabh
The author is Joint Secretary, Ministry of MSME, GoI. She has worked for Social Sector and Development Agenda of G20 and specialises
in Developmental Economics. Email: sameera.saurabh@gmail.com.
futuRe cApIt Al major part of India’s population— around
158 million consists of children in the age
group of 0-6 years.
1
India is home to 472
million children upto the age of 18 years and
comprising 39 per cent of the country’s population. There
are roughly 30 million orphaned and abandoned children
in India–– that’s almost 4% of the youth population.
According to the United Nations Children’s
Fund (UNICEF), India has 29.6 million orphaned and
abandoned children. However, figures provided by
private organisations showed that in 2017, of these 30
million children, there were only 470,000 children in the
institutionalised care. And, of these, roughly half a million
children, only a fraction finds their way into family care
A
because adoption rates in India are abysmally low. This
means that there needs to be a huge readjustment in the
Government’s focus on child development, as currently,
millions of children are being denied opportunities to live
a life of safety and good health.
Adoption rates in India have always been low, but
they have been dropping in the past few years. The
Government’s Central Adoption Resource Authority
(CARA) statistics show that in 2010, there were 5,693
in-country adoptions, while in 2017-2018, there were only
3,276 in-country adoptions. This fall occured because out
of approximately 30 million children abandoned, only
261,000 are under institutionalised care, accounting for
a meagre 0.87%.
FOCUS
24 YOJANA May 2022
Data shows that while more than
29,000 prospective parents are willing
to adopt, just 2,317 to 3,000 children
are available for adoption. Adoption
laws in India are strict, leading to
exceptionally low numbers of adoptions
taking place. From March 2019-2020,
only 3,351 children were adopted. This
suggests a wide gap between adoptable
children and prospective parents, which
may increase the length of the whole
process. The reasons for low levels of
adoption in India are manifold.
Firstly, there aren’t enough children
available for adoption because the ratio
of abandoned children to children in institutionalised
care is lopsided. Seeing children on the streets is the most
common sight in India. The District Child Protection
Officer should be taking the street children to a Child
Care Institution (CCI), and if their parents aren’t found,
then they should be placed for adoption.
The National Commission for Protection of Child
Rights (NCPCR) data shows that there are 5,850 registered
CCIs in India. But if unregistered ones are included in
the basket, there are more than 8,000 such functioning
institutions, and as per regulations, only registered CCIs
can be linked to adoption agencies. Further, it says
that there are 2,32,937 children in all registered and
unregistered CCIs. However, not all CCIs in India are
registered under the law. Including unregistered ones,
there are a total of 8,000 CCIs. Children in unregistered
institutions are vulnerable to poor care, physical violence,
sexual abuse, and trafficking. The Government should
also devote greater resources on setting up more CCIs
along with a strategy to move millions of children off the
streets to institutionalised care and a
supportive family. This can happen
if the Government pushes its focus,
money, and resources towards shutting
down unregistered CCIs, holding
district-level childcare officers
accountable, and running a country-
wide campaign on adoption as
another means of having a child.
Disability and Adoption
In January 2020, CARA held
a national consensus to discuss
the possibility of improving and
streamlining the adoption process.
Among other points of discussion, it stated that the
institution prepared a classification of children with
special needs, spanning 14 sub-categories.
The categorisation would enable prospective
adoptive parents to understand the children’s needs
better and enhance their chances of adoption. However,
according to the latest available data shared by CARA,
only 40 children with disabilities were adopted between
2018 and 2019, accounting for approximately 1% of the
total number of children adopted in the year.
Annual trends reveal that domestic adoptions of
children with special needs are dwindling with each
passing year. At the same time, foreigners adopting
children with special needs is steadily rising since
prospective adoptive Indian parents faced with a long
waiting period for a ‘healthy’ baby, end up adopting
children with disabilities as a last resort. The cultural
aversion towards children with special needs results
in most of them being referred to overseas prospective
adoptive parents.
The year 2015 saw
a moment of transition
in the adoption process
with the introduction
of the Central Adoption
Resource Authority
(CARA). CARA is an
autonomous and statutory
body of MoWCD under
the Government of
India. The system acts
as a centralised digital
database of adoptable
children and prospective
parents. It functions
as the nodal body for
the adoption of Indian
children and is mandated
to monitor and regulate
There needs to be a
huge readjustment in the
Government’s focus on child
development because currently,
millions of children are being
denied opportunities to live a
life of safety and good health.
Adoption rates in India have
always been low, but they have
been dropping in the past few
years.
Page 3
YOJANA May 2022 23
India is one of the youngest countries in the world— it is projected that till 2050, half of the world’s
population growth will come from nine countries including India. For any country, children are
the future capital, an asset that needs to be nurtured if the demographic dividend is to be truly
reaped. Since the pandemic struck in 2020, thousands of children have been orphaned. Policies
may be reviewed for the 30 million orphaned and abandoned children, and bring them into
focus by urgently realigning its childcare policies.
Safeguarding Children
Sameera Saurabh
The author is Joint Secretary, Ministry of MSME, GoI. She has worked for Social Sector and Development Agenda of G20 and specialises
in Developmental Economics. Email: sameera.saurabh@gmail.com.
futuRe cApIt Al major part of India’s population— around
158 million consists of children in the age
group of 0-6 years.
1
India is home to 472
million children upto the age of 18 years and
comprising 39 per cent of the country’s population. There
are roughly 30 million orphaned and abandoned children
in India–– that’s almost 4% of the youth population.
According to the United Nations Children’s
Fund (UNICEF), India has 29.6 million orphaned and
abandoned children. However, figures provided by
private organisations showed that in 2017, of these 30
million children, there were only 470,000 children in the
institutionalised care. And, of these, roughly half a million
children, only a fraction finds their way into family care
A
because adoption rates in India are abysmally low. This
means that there needs to be a huge readjustment in the
Government’s focus on child development, as currently,
millions of children are being denied opportunities to live
a life of safety and good health.
Adoption rates in India have always been low, but
they have been dropping in the past few years. The
Government’s Central Adoption Resource Authority
(CARA) statistics show that in 2010, there were 5,693
in-country adoptions, while in 2017-2018, there were only
3,276 in-country adoptions. This fall occured because out
of approximately 30 million children abandoned, only
261,000 are under institutionalised care, accounting for
a meagre 0.87%.
FOCUS
24 YOJANA May 2022
Data shows that while more than
29,000 prospective parents are willing
to adopt, just 2,317 to 3,000 children
are available for adoption. Adoption
laws in India are strict, leading to
exceptionally low numbers of adoptions
taking place. From March 2019-2020,
only 3,351 children were adopted. This
suggests a wide gap between adoptable
children and prospective parents, which
may increase the length of the whole
process. The reasons for low levels of
adoption in India are manifold.
Firstly, there aren’t enough children
available for adoption because the ratio
of abandoned children to children in institutionalised
care is lopsided. Seeing children on the streets is the most
common sight in India. The District Child Protection
Officer should be taking the street children to a Child
Care Institution (CCI), and if their parents aren’t found,
then they should be placed for adoption.
The National Commission for Protection of Child
Rights (NCPCR) data shows that there are 5,850 registered
CCIs in India. But if unregistered ones are included in
the basket, there are more than 8,000 such functioning
institutions, and as per regulations, only registered CCIs
can be linked to adoption agencies. Further, it says
that there are 2,32,937 children in all registered and
unregistered CCIs. However, not all CCIs in India are
registered under the law. Including unregistered ones,
there are a total of 8,000 CCIs. Children in unregistered
institutions are vulnerable to poor care, physical violence,
sexual abuse, and trafficking. The Government should
also devote greater resources on setting up more CCIs
along with a strategy to move millions of children off the
streets to institutionalised care and a
supportive family. This can happen
if the Government pushes its focus,
money, and resources towards shutting
down unregistered CCIs, holding
district-level childcare officers
accountable, and running a country-
wide campaign on adoption as
another means of having a child.
Disability and Adoption
In January 2020, CARA held
a national consensus to discuss
the possibility of improving and
streamlining the adoption process.
Among other points of discussion, it stated that the
institution prepared a classification of children with
special needs, spanning 14 sub-categories.
The categorisation would enable prospective
adoptive parents to understand the children’s needs
better and enhance their chances of adoption. However,
according to the latest available data shared by CARA,
only 40 children with disabilities were adopted between
2018 and 2019, accounting for approximately 1% of the
total number of children adopted in the year.
Annual trends reveal that domestic adoptions of
children with special needs are dwindling with each
passing year. At the same time, foreigners adopting
children with special needs is steadily rising since
prospective adoptive Indian parents faced with a long
waiting period for a ‘healthy’ baby, end up adopting
children with disabilities as a last resort. The cultural
aversion towards children with special needs results
in most of them being referred to overseas prospective
adoptive parents.
The year 2015 saw
a moment of transition
in the adoption process
with the introduction
of the Central Adoption
Resource Authority
(CARA). CARA is an
autonomous and statutory
body of MoWCD under
the Government of
India. The system acts
as a centralised digital
database of adoptable
children and prospective
parents. It functions
as the nodal body for
the adoption of Indian
children and is mandated
to monitor and regulate
There needs to be a
huge readjustment in the
Government’s focus on child
development because currently,
millions of children are being
denied opportunities to live a
life of safety and good health.
Adoption rates in India have
always been low, but they have
been dropping in the past few
years.
YOJANA May 2022 25
in-country and inter-country adoptions. CARA is
designated as the Central Authority to deal with
inter-country adoptions in accordance with the provisions
of the 1993 Hague Convention on Inter-country Adoption,
ratified by the Government of India in 2003. It primarily
deals with the adoption of “orphaned, abandoned and
surrendered” children through recognised adoption
agencies. In 2018, CARA allowed individuals in a
live-in relationship to adopt children from and within
India. Although the main focus of the CARA mechanism
is to quicken the process of adoption, the waiting period
is growing longer.
Adoption practices in India are primarily governed
by the Hindu Adoptions and Maintenance Act,
1956 (HAMA) and Juvenile Justice (Care and Protection
of Children) Act, 2000 (JJ Act). Both legislations have
different provisions and objectives. HAMA is the
statute that governs the adoption of and by Hindus. The
definition of ‘Hindus’ here includes
Buddhists, Jains, and Sikhs. It gives
an adoptive child all the rights of a
naturally-born child, including the
right to inheritance.
Until the JJ Act, the Guardians
and Wards Act (GWA), 1980, was
the only means for non-Hindu
individuals to become guardians
of children. However, since the
GWA appoints individuals as legal
guardians and not natural parents,
guardianship is terminated once the
ward turns 21 and the ward assumes
individual identity.
Stakeholders in Adoption Process
1. Central Adoption Resource Authority (CARA)—
CARA ensures smooth functioning of the adoption
process from time to time, issues Adoption
Guidelines laying down procedures and processes to
be followed by different stakeholders of the adoption
programme.
2. State Adoption Resource Agency (SARA)— SARA
acts as a nodal body within the State to promote
and monitor adoption and non-institutional care in
coordination with CARA.
3. Specialised Adoption Agency (SAA)— SAA
is recognised by the State government under
sub-Section 4 of Section 41 of the Act for the purpose
of placing children in adoption.
4. Authorised Foreign Adoption Agency (AFAA)—
AFAA is recognised as a foreign social or child
welfare agency that is authorised by CARA on the
recommendation of the concerned Central Authority
or Government Department of that country for
coordinating all matters relating to adoption of an
Indian child by a citizen of that country.
5. District Child Protection Unit (DCPU)— DCPU is a
unit set up by the State government at district level
under Section 61A of the Act. It identifies orphan,
abandoned, and surrendered children in the district
and gets them declared legally-free for adoption by
Child Welfare Committee.
Of the 30 million children without a legal guardian or
care, less than half a million are actually in institutionalised
care. The rest are left wandering on the streets, vulnerable
to abuse and trafficking. With so few children actually
in care homes, most orphans are not ‘available’ for legal
adoption. Even then, prospective parents are choosy, with
most wanting a child without a disability and between
the age of 0-2 years old. There are several threats facing
orphans in India, especially for those
who live on the streets. One of the
biggest risks is exploitation. As per the
Juvenile Justice (Care and Protection
of Children) Act, 2015, orphan and
destitute children in the country
are “Children in need of care and
protection” (CNCP). The primary
responsibility of execution of the Act
lies with the States/UTs. The MoWCD
is implementing a centrally sponsored
Child Protection Services (CPS)
Scheme (erstwhile Integrated Child
Protection Scheme) for supporting
the children in difficult circumstances.
The primary responsibility of
CARA is an autonomous and
statutory body of MoWCD
under the Government of India.
The system acts as a centralised
digital database of adoptable
children and prospective
parents. It functions as the
nodal body for the adoption of
Indian children and is mandated
to monitor and regulate
in-country and inter-country
adoptions.
Page 4
YOJANA May 2022 23
India is one of the youngest countries in the world— it is projected that till 2050, half of the world’s
population growth will come from nine countries including India. For any country, children are
the future capital, an asset that needs to be nurtured if the demographic dividend is to be truly
reaped. Since the pandemic struck in 2020, thousands of children have been orphaned. Policies
may be reviewed for the 30 million orphaned and abandoned children, and bring them into
focus by urgently realigning its childcare policies.
Safeguarding Children
Sameera Saurabh
The author is Joint Secretary, Ministry of MSME, GoI. She has worked for Social Sector and Development Agenda of G20 and specialises
in Developmental Economics. Email: sameera.saurabh@gmail.com.
futuRe cApIt Al major part of India’s population— around
158 million consists of children in the age
group of 0-6 years.
1
India is home to 472
million children upto the age of 18 years and
comprising 39 per cent of the country’s population. There
are roughly 30 million orphaned and abandoned children
in India–– that’s almost 4% of the youth population.
According to the United Nations Children’s
Fund (UNICEF), India has 29.6 million orphaned and
abandoned children. However, figures provided by
private organisations showed that in 2017, of these 30
million children, there were only 470,000 children in the
institutionalised care. And, of these, roughly half a million
children, only a fraction finds their way into family care
A
because adoption rates in India are abysmally low. This
means that there needs to be a huge readjustment in the
Government’s focus on child development, as currently,
millions of children are being denied opportunities to live
a life of safety and good health.
Adoption rates in India have always been low, but
they have been dropping in the past few years. The
Government’s Central Adoption Resource Authority
(CARA) statistics show that in 2010, there were 5,693
in-country adoptions, while in 2017-2018, there were only
3,276 in-country adoptions. This fall occured because out
of approximately 30 million children abandoned, only
261,000 are under institutionalised care, accounting for
a meagre 0.87%.
FOCUS
24 YOJANA May 2022
Data shows that while more than
29,000 prospective parents are willing
to adopt, just 2,317 to 3,000 children
are available for adoption. Adoption
laws in India are strict, leading to
exceptionally low numbers of adoptions
taking place. From March 2019-2020,
only 3,351 children were adopted. This
suggests a wide gap between adoptable
children and prospective parents, which
may increase the length of the whole
process. The reasons for low levels of
adoption in India are manifold.
Firstly, there aren’t enough children
available for adoption because the ratio
of abandoned children to children in institutionalised
care is lopsided. Seeing children on the streets is the most
common sight in India. The District Child Protection
Officer should be taking the street children to a Child
Care Institution (CCI), and if their parents aren’t found,
then they should be placed for adoption.
The National Commission for Protection of Child
Rights (NCPCR) data shows that there are 5,850 registered
CCIs in India. But if unregistered ones are included in
the basket, there are more than 8,000 such functioning
institutions, and as per regulations, only registered CCIs
can be linked to adoption agencies. Further, it says
that there are 2,32,937 children in all registered and
unregistered CCIs. However, not all CCIs in India are
registered under the law. Including unregistered ones,
there are a total of 8,000 CCIs. Children in unregistered
institutions are vulnerable to poor care, physical violence,
sexual abuse, and trafficking. The Government should
also devote greater resources on setting up more CCIs
along with a strategy to move millions of children off the
streets to institutionalised care and a
supportive family. This can happen
if the Government pushes its focus,
money, and resources towards shutting
down unregistered CCIs, holding
district-level childcare officers
accountable, and running a country-
wide campaign on adoption as
another means of having a child.
Disability and Adoption
In January 2020, CARA held
a national consensus to discuss
the possibility of improving and
streamlining the adoption process.
Among other points of discussion, it stated that the
institution prepared a classification of children with
special needs, spanning 14 sub-categories.
The categorisation would enable prospective
adoptive parents to understand the children’s needs
better and enhance their chances of adoption. However,
according to the latest available data shared by CARA,
only 40 children with disabilities were adopted between
2018 and 2019, accounting for approximately 1% of the
total number of children adopted in the year.
Annual trends reveal that domestic adoptions of
children with special needs are dwindling with each
passing year. At the same time, foreigners adopting
children with special needs is steadily rising since
prospective adoptive Indian parents faced with a long
waiting period for a ‘healthy’ baby, end up adopting
children with disabilities as a last resort. The cultural
aversion towards children with special needs results
in most of them being referred to overseas prospective
adoptive parents.
The year 2015 saw
a moment of transition
in the adoption process
with the introduction
of the Central Adoption
Resource Authority
(CARA). CARA is an
autonomous and statutory
body of MoWCD under
the Government of
India. The system acts
as a centralised digital
database of adoptable
children and prospective
parents. It functions
as the nodal body for
the adoption of Indian
children and is mandated
to monitor and regulate
There needs to be a
huge readjustment in the
Government’s focus on child
development because currently,
millions of children are being
denied opportunities to live a
life of safety and good health.
Adoption rates in India have
always been low, but they have
been dropping in the past few
years.
YOJANA May 2022 25
in-country and inter-country adoptions. CARA is
designated as the Central Authority to deal with
inter-country adoptions in accordance with the provisions
of the 1993 Hague Convention on Inter-country Adoption,
ratified by the Government of India in 2003. It primarily
deals with the adoption of “orphaned, abandoned and
surrendered” children through recognised adoption
agencies. In 2018, CARA allowed individuals in a
live-in relationship to adopt children from and within
India. Although the main focus of the CARA mechanism
is to quicken the process of adoption, the waiting period
is growing longer.
Adoption practices in India are primarily governed
by the Hindu Adoptions and Maintenance Act,
1956 (HAMA) and Juvenile Justice (Care and Protection
of Children) Act, 2000 (JJ Act). Both legislations have
different provisions and objectives. HAMA is the
statute that governs the adoption of and by Hindus. The
definition of ‘Hindus’ here includes
Buddhists, Jains, and Sikhs. It gives
an adoptive child all the rights of a
naturally-born child, including the
right to inheritance.
Until the JJ Act, the Guardians
and Wards Act (GWA), 1980, was
the only means for non-Hindu
individuals to become guardians
of children. However, since the
GWA appoints individuals as legal
guardians and not natural parents,
guardianship is terminated once the
ward turns 21 and the ward assumes
individual identity.
Stakeholders in Adoption Process
1. Central Adoption Resource Authority (CARA)—
CARA ensures smooth functioning of the adoption
process from time to time, issues Adoption
Guidelines laying down procedures and processes to
be followed by different stakeholders of the adoption
programme.
2. State Adoption Resource Agency (SARA)— SARA
acts as a nodal body within the State to promote
and monitor adoption and non-institutional care in
coordination with CARA.
3. Specialised Adoption Agency (SAA)— SAA
is recognised by the State government under
sub-Section 4 of Section 41 of the Act for the purpose
of placing children in adoption.
4. Authorised Foreign Adoption Agency (AFAA)—
AFAA is recognised as a foreign social or child
welfare agency that is authorised by CARA on the
recommendation of the concerned Central Authority
or Government Department of that country for
coordinating all matters relating to adoption of an
Indian child by a citizen of that country.
5. District Child Protection Unit (DCPU)— DCPU is a
unit set up by the State government at district level
under Section 61A of the Act. It identifies orphan,
abandoned, and surrendered children in the district
and gets them declared legally-free for adoption by
Child Welfare Committee.
Of the 30 million children without a legal guardian or
care, less than half a million are actually in institutionalised
care. The rest are left wandering on the streets, vulnerable
to abuse and trafficking. With so few children actually
in care homes, most orphans are not ‘available’ for legal
adoption. Even then, prospective parents are choosy, with
most wanting a child without a disability and between
the age of 0-2 years old. There are several threats facing
orphans in India, especially for those
who live on the streets. One of the
biggest risks is exploitation. As per the
Juvenile Justice (Care and Protection
of Children) Act, 2015, orphan and
destitute children in the country
are “Children in need of care and
protection” (CNCP). The primary
responsibility of execution of the Act
lies with the States/UTs. The MoWCD
is implementing a centrally sponsored
Child Protection Services (CPS)
Scheme (erstwhile Integrated Child
Protection Scheme) for supporting
the children in difficult circumstances.
The primary responsibility of
CARA is an autonomous and
statutory body of MoWCD
under the Government of India.
The system acts as a centralised
digital database of adoptable
children and prospective
parents. It functions as the
nodal body for the adoption of
Indian children and is mandated
to monitor and regulate
in-country and inter-country
adoptions.
26 YOJANA May 2022
implementation of the Scheme lies
with the State Governments/UT
Administrations. Under the provisions
of the CPS, the Central Government
is providing financial assistance to the
States/UTs for undertaking a situational
analysis of children in difficult
circumstances, inter-alia. Under the
Scheme, institutional care to “Children
in need of care and protection” and
“Children in Conflict with Law” is
provided in CCIs. The Scheme also
provides for non-institutional care wherein support is
extended for adoption, foster care and sponsorship.
The financial norms for various components under
ICPS (now, CPS) were revised wef from 1 April 2014.
The key features of the revised Scheme included increased
maintenance grant for children in homes, from Rs 750 to
Rs 2,000 per child per month. The ICPS was renamed
as CPS as sub-scheme under Umbrella Integrated Child
Development Services wef 1 April 2017. Following
modifications have come into effect pursuant to the said
order:
1. Maintenance grant for children in homes was
enhanced to Rs 2,160 per child per month,
2. Sitting allowance of Child Welfare Committee and
Juvenile Justice Board’s members has been enhanced
from Rs 1,000 to Rs 1,500 in accordance with new JJ
Model Rules, 2016, and
3. Programmatic allocation for CHILDLINE India
Foundation was increased by Rs 9.70 crore to
address expansion and emerging protection
needs.
The Ministry of Women and Child Development
has submitted that Hindu adoption (under HAMA)
which happens directly between
relatives does not get to CARA and
thus data regarding such adoptions
is not available. In this backdrop, the
committee has recommended that
the process of adoption needs to be
simplified by taking a close relook
at the various regulations guiding
the procedure of adoption and the
Ministry can engage with concerned
experts working in this field to get
feedback on the practical difficulties
which prospective parents are facing.
The panel recommends that the
issue of children with special needs
requires special focus in terms of
highlighting and advocacy at various
platforms, besides regular sensitising
of prospective parents for adoption
of such children. In 2018, a social
audit report by NCPCR on shelter
homes had revealed that out of the
2,874 children’s homes, only 54
were found to be complying with the
JJ Act, and out of 185 shelter homes
which were audited, only 19 had
records of children residing there.
The Ministry is administering
various schemes for the welfare, development and
protection of children. To achieve the above objectives,
the Union Cabinet has recently approved 3 important
Umbrella Schemes to be implemented in mission mode.
i.e., Mission Vatsalya, Mission Poshan 2.0, and Mission
Shakti.
Mission Vatsalya: In this Mission, Children have
been recognised by policy makers as one of the supreme
national assets. The objective is to secure a healthy and
happy childhood for every child in India; foster a sensitive,
supportive and synchronised ecosystem for development
of children; assist States/UTs in delivering the mandate of
the JJ Act 2015; and achieve the SDG goals.
The prime objective is to address gaps in State
action for women and children and to promote inter-
ministerial and inter-sectoral convergence to create
gender equitable and child-centered legislation, policies,
and programmes.
Mission POSHAN 2.0: It is an Integrated Nutrition
Support Programme which seeks to address the challenges
of malnutrition in children, adolescent girls, pregnant
women, and lactating mothers through a strategic shift
in nutrition content and delivery, and by creation of a
convergent ecosystem to develop and promote practices
that nurture health, wellness and
immunity. It seeks to optimise the
quality and delivery of food under the
Supplementary Nutrition Programme.
Under the programme, nutritional
norms, standards, quality, and
testing of THR will be improved and
greater stakeholder and beneficiary
participation will be promoted
besides traditional community food
habits. POSHAN 2.0 will bring three
important programmes/schemes under
its ambit, viz., Anganwadi Services,
Scheme for Adolescent Girls and
Poshan Abhiyaan.
Mission Shakti: This Scheme
envisages a unified citizen-centric
Mission Shakti envisages a
unified citizen-centric lifecycle
support for women through
integrated care, safety,
protection, rehabilitation, and
empowerment to unshackle
women as they progress through
various stages of their life.
Mission POSHAN 2.0 is an
Integrated Nutrition Support
Programme which seeks to
address the challenges of
malnutrition in children,
adolescent girls, pregnant
women, and lactating mothers
through a strategic shift in
nutrition content and delivery,
and by creation of a convergent
ecosystem to develop and
promote practices that nurture
health, wellness and immunity.
Page 5
YOJANA May 2022 23
India is one of the youngest countries in the world— it is projected that till 2050, half of the world’s
population growth will come from nine countries including India. For any country, children are
the future capital, an asset that needs to be nurtured if the demographic dividend is to be truly
reaped. Since the pandemic struck in 2020, thousands of children have been orphaned. Policies
may be reviewed for the 30 million orphaned and abandoned children, and bring them into
focus by urgently realigning its childcare policies.
Safeguarding Children
Sameera Saurabh
The author is Joint Secretary, Ministry of MSME, GoI. She has worked for Social Sector and Development Agenda of G20 and specialises
in Developmental Economics. Email: sameera.saurabh@gmail.com.
futuRe cApIt Al major part of India’s population— around
158 million consists of children in the age
group of 0-6 years.
1
India is home to 472
million children upto the age of 18 years and
comprising 39 per cent of the country’s population. There
are roughly 30 million orphaned and abandoned children
in India–– that’s almost 4% of the youth population.
According to the United Nations Children’s
Fund (UNICEF), India has 29.6 million orphaned and
abandoned children. However, figures provided by
private organisations showed that in 2017, of these 30
million children, there were only 470,000 children in the
institutionalised care. And, of these, roughly half a million
children, only a fraction finds their way into family care
A
because adoption rates in India are abysmally low. This
means that there needs to be a huge readjustment in the
Government’s focus on child development, as currently,
millions of children are being denied opportunities to live
a life of safety and good health.
Adoption rates in India have always been low, but
they have been dropping in the past few years. The
Government’s Central Adoption Resource Authority
(CARA) statistics show that in 2010, there were 5,693
in-country adoptions, while in 2017-2018, there were only
3,276 in-country adoptions. This fall occured because out
of approximately 30 million children abandoned, only
261,000 are under institutionalised care, accounting for
a meagre 0.87%.
FOCUS
24 YOJANA May 2022
Data shows that while more than
29,000 prospective parents are willing
to adopt, just 2,317 to 3,000 children
are available for adoption. Adoption
laws in India are strict, leading to
exceptionally low numbers of adoptions
taking place. From March 2019-2020,
only 3,351 children were adopted. This
suggests a wide gap between adoptable
children and prospective parents, which
may increase the length of the whole
process. The reasons for low levels of
adoption in India are manifold.
Firstly, there aren’t enough children
available for adoption because the ratio
of abandoned children to children in institutionalised
care is lopsided. Seeing children on the streets is the most
common sight in India. The District Child Protection
Officer should be taking the street children to a Child
Care Institution (CCI), and if their parents aren’t found,
then they should be placed for adoption.
The National Commission for Protection of Child
Rights (NCPCR) data shows that there are 5,850 registered
CCIs in India. But if unregistered ones are included in
the basket, there are more than 8,000 such functioning
institutions, and as per regulations, only registered CCIs
can be linked to adoption agencies. Further, it says
that there are 2,32,937 children in all registered and
unregistered CCIs. However, not all CCIs in India are
registered under the law. Including unregistered ones,
there are a total of 8,000 CCIs. Children in unregistered
institutions are vulnerable to poor care, physical violence,
sexual abuse, and trafficking. The Government should
also devote greater resources on setting up more CCIs
along with a strategy to move millions of children off the
streets to institutionalised care and a
supportive family. This can happen
if the Government pushes its focus,
money, and resources towards shutting
down unregistered CCIs, holding
district-level childcare officers
accountable, and running a country-
wide campaign on adoption as
another means of having a child.
Disability and Adoption
In January 2020, CARA held
a national consensus to discuss
the possibility of improving and
streamlining the adoption process.
Among other points of discussion, it stated that the
institution prepared a classification of children with
special needs, spanning 14 sub-categories.
The categorisation would enable prospective
adoptive parents to understand the children’s needs
better and enhance their chances of adoption. However,
according to the latest available data shared by CARA,
only 40 children with disabilities were adopted between
2018 and 2019, accounting for approximately 1% of the
total number of children adopted in the year.
Annual trends reveal that domestic adoptions of
children with special needs are dwindling with each
passing year. At the same time, foreigners adopting
children with special needs is steadily rising since
prospective adoptive Indian parents faced with a long
waiting period for a ‘healthy’ baby, end up adopting
children with disabilities as a last resort. The cultural
aversion towards children with special needs results
in most of them being referred to overseas prospective
adoptive parents.
The year 2015 saw
a moment of transition
in the adoption process
with the introduction
of the Central Adoption
Resource Authority
(CARA). CARA is an
autonomous and statutory
body of MoWCD under
the Government of
India. The system acts
as a centralised digital
database of adoptable
children and prospective
parents. It functions
as the nodal body for
the adoption of Indian
children and is mandated
to monitor and regulate
There needs to be a
huge readjustment in the
Government’s focus on child
development because currently,
millions of children are being
denied opportunities to live a
life of safety and good health.
Adoption rates in India have
always been low, but they have
been dropping in the past few
years.
YOJANA May 2022 25
in-country and inter-country adoptions. CARA is
designated as the Central Authority to deal with
inter-country adoptions in accordance with the provisions
of the 1993 Hague Convention on Inter-country Adoption,
ratified by the Government of India in 2003. It primarily
deals with the adoption of “orphaned, abandoned and
surrendered” children through recognised adoption
agencies. In 2018, CARA allowed individuals in a
live-in relationship to adopt children from and within
India. Although the main focus of the CARA mechanism
is to quicken the process of adoption, the waiting period
is growing longer.
Adoption practices in India are primarily governed
by the Hindu Adoptions and Maintenance Act,
1956 (HAMA) and Juvenile Justice (Care and Protection
of Children) Act, 2000 (JJ Act). Both legislations have
different provisions and objectives. HAMA is the
statute that governs the adoption of and by Hindus. The
definition of ‘Hindus’ here includes
Buddhists, Jains, and Sikhs. It gives
an adoptive child all the rights of a
naturally-born child, including the
right to inheritance.
Until the JJ Act, the Guardians
and Wards Act (GWA), 1980, was
the only means for non-Hindu
individuals to become guardians
of children. However, since the
GWA appoints individuals as legal
guardians and not natural parents,
guardianship is terminated once the
ward turns 21 and the ward assumes
individual identity.
Stakeholders in Adoption Process
1. Central Adoption Resource Authority (CARA)—
CARA ensures smooth functioning of the adoption
process from time to time, issues Adoption
Guidelines laying down procedures and processes to
be followed by different stakeholders of the adoption
programme.
2. State Adoption Resource Agency (SARA)— SARA
acts as a nodal body within the State to promote
and monitor adoption and non-institutional care in
coordination with CARA.
3. Specialised Adoption Agency (SAA)— SAA
is recognised by the State government under
sub-Section 4 of Section 41 of the Act for the purpose
of placing children in adoption.
4. Authorised Foreign Adoption Agency (AFAA)—
AFAA is recognised as a foreign social or child
welfare agency that is authorised by CARA on the
recommendation of the concerned Central Authority
or Government Department of that country for
coordinating all matters relating to adoption of an
Indian child by a citizen of that country.
5. District Child Protection Unit (DCPU)— DCPU is a
unit set up by the State government at district level
under Section 61A of the Act. It identifies orphan,
abandoned, and surrendered children in the district
and gets them declared legally-free for adoption by
Child Welfare Committee.
Of the 30 million children without a legal guardian or
care, less than half a million are actually in institutionalised
care. The rest are left wandering on the streets, vulnerable
to abuse and trafficking. With so few children actually
in care homes, most orphans are not ‘available’ for legal
adoption. Even then, prospective parents are choosy, with
most wanting a child without a disability and between
the age of 0-2 years old. There are several threats facing
orphans in India, especially for those
who live on the streets. One of the
biggest risks is exploitation. As per the
Juvenile Justice (Care and Protection
of Children) Act, 2015, orphan and
destitute children in the country
are “Children in need of care and
protection” (CNCP). The primary
responsibility of execution of the Act
lies with the States/UTs. The MoWCD
is implementing a centrally sponsored
Child Protection Services (CPS)
Scheme (erstwhile Integrated Child
Protection Scheme) for supporting
the children in difficult circumstances.
The primary responsibility of
CARA is an autonomous and
statutory body of MoWCD
under the Government of India.
The system acts as a centralised
digital database of adoptable
children and prospective
parents. It functions as the
nodal body for the adoption of
Indian children and is mandated
to monitor and regulate
in-country and inter-country
adoptions.
26 YOJANA May 2022
implementation of the Scheme lies
with the State Governments/UT
Administrations. Under the provisions
of the CPS, the Central Government
is providing financial assistance to the
States/UTs for undertaking a situational
analysis of children in difficult
circumstances, inter-alia. Under the
Scheme, institutional care to “Children
in need of care and protection” and
“Children in Conflict with Law” is
provided in CCIs. The Scheme also
provides for non-institutional care wherein support is
extended for adoption, foster care and sponsorship.
The financial norms for various components under
ICPS (now, CPS) were revised wef from 1 April 2014.
The key features of the revised Scheme included increased
maintenance grant for children in homes, from Rs 750 to
Rs 2,000 per child per month. The ICPS was renamed
as CPS as sub-scheme under Umbrella Integrated Child
Development Services wef 1 April 2017. Following
modifications have come into effect pursuant to the said
order:
1. Maintenance grant for children in homes was
enhanced to Rs 2,160 per child per month,
2. Sitting allowance of Child Welfare Committee and
Juvenile Justice Board’s members has been enhanced
from Rs 1,000 to Rs 1,500 in accordance with new JJ
Model Rules, 2016, and
3. Programmatic allocation for CHILDLINE India
Foundation was increased by Rs 9.70 crore to
address expansion and emerging protection
needs.
The Ministry of Women and Child Development
has submitted that Hindu adoption (under HAMA)
which happens directly between
relatives does not get to CARA and
thus data regarding such adoptions
is not available. In this backdrop, the
committee has recommended that
the process of adoption needs to be
simplified by taking a close relook
at the various regulations guiding
the procedure of adoption and the
Ministry can engage with concerned
experts working in this field to get
feedback on the practical difficulties
which prospective parents are facing.
The panel recommends that the
issue of children with special needs
requires special focus in terms of
highlighting and advocacy at various
platforms, besides regular sensitising
of prospective parents for adoption
of such children. In 2018, a social
audit report by NCPCR on shelter
homes had revealed that out of the
2,874 children’s homes, only 54
were found to be complying with the
JJ Act, and out of 185 shelter homes
which were audited, only 19 had
records of children residing there.
The Ministry is administering
various schemes for the welfare, development and
protection of children. To achieve the above objectives,
the Union Cabinet has recently approved 3 important
Umbrella Schemes to be implemented in mission mode.
i.e., Mission Vatsalya, Mission Poshan 2.0, and Mission
Shakti.
Mission Vatsalya: In this Mission, Children have
been recognised by policy makers as one of the supreme
national assets. The objective is to secure a healthy and
happy childhood for every child in India; foster a sensitive,
supportive and synchronised ecosystem for development
of children; assist States/UTs in delivering the mandate of
the JJ Act 2015; and achieve the SDG goals.
The prime objective is to address gaps in State
action for women and children and to promote inter-
ministerial and inter-sectoral convergence to create
gender equitable and child-centered legislation, policies,
and programmes.
Mission POSHAN 2.0: It is an Integrated Nutrition
Support Programme which seeks to address the challenges
of malnutrition in children, adolescent girls, pregnant
women, and lactating mothers through a strategic shift
in nutrition content and delivery, and by creation of a
convergent ecosystem to develop and promote practices
that nurture health, wellness and
immunity. It seeks to optimise the
quality and delivery of food under the
Supplementary Nutrition Programme.
Under the programme, nutritional
norms, standards, quality, and
testing of THR will be improved and
greater stakeholder and beneficiary
participation will be promoted
besides traditional community food
habits. POSHAN 2.0 will bring three
important programmes/schemes under
its ambit, viz., Anganwadi Services,
Scheme for Adolescent Girls and
Poshan Abhiyaan.
Mission Shakti: This Scheme
envisages a unified citizen-centric
Mission Shakti envisages a
unified citizen-centric lifecycle
support for women through
integrated care, safety,
protection, rehabilitation, and
empowerment to unshackle
women as they progress through
various stages of their life.
Mission POSHAN 2.0 is an
Integrated Nutrition Support
Programme which seeks to
address the challenges of
malnutrition in children,
adolescent girls, pregnant
women, and lactating mothers
through a strategic shift in
nutrition content and delivery,
and by creation of a convergent
ecosystem to develop and
promote practices that nurture
health, wellness and immunity.
YOJANA May 2022 27
lifecycle support for women through integrated care,
safety, protection, rehabilitation, and empowerment
to unshackle women as they progress through various
stages of their life. Mission Shakti has two sub-
schemes ‘Sambal’ and ‘Samarthya’.
The Sambal sub-scheme consists of the existing
scheme of One Stop Centre (OSC), 181 Women Helplines
(WHL), and Beti Bachao Beti Padhao (BBBP). Besides,
a new component of Nari Adalats has been added as
women’s collectives to promote and facilitate alternative
dispute resolution and gender justice in society and
within families. The “Samarthya’’ sub scheme is for
empowerment of women, consisting of existing schemes
of Ujjwala, Swadhar Greh, and Working Women Hostel.
In addition, the National Creche Scheme for Children of
Working Mothers and the Pradhan Mantri Matru Vandana
Yojana (PMMVY), which have been under the Umbrella
ICDS Scheme till now, are also subsumed in ‘Samarthya’.
All the three Missions will be implemented during
the 15
th
Finance Commission period 2021-22 to 2025-26.
The PM CARES for Children Scheme was launched
on 29 May 2021 to support children who have lost both
the parents or legal guardian or adoptive parents or
surviving parent to Covid-19 during the period starting
from 11 March 2020. The objective of the Scheme is to
ensure comprehensive care and protection of children in
a sustained manner, and enable their well-being through
health insurance, empower them through education, and
equip them for self-sufficient existence with financial
support. The PM CARES for Children Scheme inter-alia
provides support to these children through convergent
approach, gap funding for ensuring education, health,
monthly stipend from the age of 18 years, and lumpsum
amount of Rs 10 lakh on attaining 23 years of age.
Ayushman Bharat Pradhan Mantri-Jan Arogya
Yojana (PM-JAY)
PM-JAY provides a cover of Rs 5 lakhs per family
per year for secondary and tertiary care hospitalisation,
across public and private empanelled hospitals in India.
In case of child identified for support under PM
CARES for Children, he/she shall be entitled to the cover
of Rs 5 lakh.
The Government strives to ensure well-nourished
and happy children and self-reliant women by providing
them with an environment which is accessible, affordable,
reliable and free from all forms of discrimination and
violence. ?
Reference
1. 2011 Census Data.
YE-1846/2022
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