Child Welfare Committee (CWC) Under Juvenile Justice
(Care and Protection of Children) Act, 2015
Introduction
The Child Welfare Committee (CWC) is a statutory and quasi-
judicial body established under the Juvenile Justice (Care and
Protection of Children) Act, 2015, to safeguard the rights and
welfare of children who are found to be in need of care and
protection. Constituted at the district level, it functions as the
principal authority to ensure the care, protection, rehabilitation,
restoration, and overall well-being of vulnerable children in India.
The CWC acts in the best interest of children and holds powers
equivalent to that of a Metropolitan or Judicial Magistrate of First
Class.
Constitution of the Child Welfare Committee
1. Establishment and Composition (Section 27)
District-Level Committee: At least one CWC must be constituted in
every district by the State Government.
Strength: The Committee consists of five members, including:
One Chairperson
Four Members
Representation:
Minimum one woman member is mandatory.
At least one member must be an expert in issues related to
children.
2. Qualification of Members (Section 27(4))
Members must:
Possess a professional degree in law, child psychology, psychiatry,
social work, sociology, human development, special education, or
related fields, OR
Have at least seven years of experience in health, education, or
welfare activities concerning children.
3. Disqualification Criteria (Section 27(4A))
A person is disqualified if:
Convicted for offences involving moral turpitude.
Found involved in violation of human or child rights, child abuse,
or employment of child labour.
Removed or dismissed from Government service.
Involved in the management of a childcare institution creating a
conflict of interest.
4. Appointment and Tenure (Section 27)
Notification: Appointment made through official gazette by the
State Government.
Training: Mandatory training within two months of appointment.
Tenure: Maximum three years; members cannot be reappointed
beyond this tenure.
Termination: Includes misuse of powers, non-attendance for three
consecutive months, or failure to attend ¾ of annual sittings.
Powers of Child Welfare Committee
1. Judicial Powers (Section 27(9) & 29)
CWC exercises powers equivalent to Metropolitan/Judicial
Magistrate First Class.
Exclusive authority to dispose matters relating to children in need
of care and protection.
Power to pass rehabilitation, treatment, and protection orders.
2. Powers in Child Production and Cognizance (Sections 30 & 31)
Can take cognizance of children brought before it by police, public
servants, NGOs, social workers, hospitals, or the child himself.
Can initiate action suo motu.
3. Placement, Restoration, and Transfer Powers
Restoration Orders (Section 40): Child may be placed with
parents, guardians, adoptive parents, foster parents, or fit
persons.
Inter-State and Intra-State Transfer (Sections 95 & 96): Can order
transfer based on best interest of child.
Leave & Release Orders (Sections 97 & 98): Regulates conditional
release and leave from institutions.
4. Order Amendment and Special Provisions (Section 104)
Power to amend or modify its earlier orders regarding placement
or institution of the child.
Functions of Child Welfare Committee
A. Inquiry-Related Functions
Conducts individual inquiry for every child produced before it
(Sections 30 & 36).
Orders Social Investigation Report from CWO/Probation
Officer/DCPU/NGO within 15 days.
Determines age verification in case of doubt using school
certificate, birth certificate or ossification test (Section 94).
Conducts inquiry into complaints lodged by children in childcare
institutions.
B. Rehabilitation Functions
Decides rehabilitation plan based on child’s needs, wishes, and
investigation report (Section 37).
Declares orphaned, abandoned, and surrendered children legally
free for adoption (Section 38).
Takes action for rehabilitation of sexually abused children under
POCSO Act.
Executes surrender deeds and provides time for reconsideration
to parents.
C. Inspection and Monitoring Functions
Conducts two mandatory monthly inspections in residential child
care facilities.
Recommends improvements to District Child Protection Unit and
State Government.
D. Confidentiality and Reporting
Maintains confidentiality of child records (Section 99).
Submits quarterly progress report to District Magistrate (Section
36(4)).
E. Appellate and Review Mechanism
Appeals lie with Children’s Court within 30 days (Section 101).
High Court can exercise revisionary power (Section 102).
Operational Procedure and Working Norms
Meetings: At least 20 sittings per month.
Quorum: Minimum three members required for passing orders.
Decision-Making: Based on majority opinion; Chairperson’s view
prevails in case of a tie.
Emergency Care: Any member may pass temporary placement
orders when Committee is not in session.
Conclusion
The Child Welfare Committee plays a pivotal role in the child
protection framework under the Juvenile Justice Act, 2015.
Equipped with quasi-judicial authority, specialized composition,
and a child-centric mandate, it serves as the primary institution
for safeguarding, rehabilitating, and restoring vulnerable children
to a safe and nurturing environment. The CWC embodies the
constitutional spirit of child welfare and ensures that every child
receives care, protection, and justice with dignity and sensitivity.
