Code
1) The Committee shall meet at least twenty days in a month and shall observe such rules and procedures with regard to the transaction of business at its meetings, as may be prescribed.
(2) A visit to an existing child care institution by the Committee, to check its functioning and well-being of children, shall be considered as a sitting of the Committee.
(3) A child in need of care and protection may be produced before an individual member of the Committee for being placed in a Children’s Home or with a fit person when the Committee is not in session.
(4) In the event of any difference of opinion among the members of the Committee at the time of taking any decision, the opinion of the majority shall prevail. However, where there is no such majority, the opinion of the Chairperson shall prevail.
(5) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence of any member of the Committee, and no order made by the Committee shall be invalid by reason only of the absence of any member during any stage of the proceeding.
Provided that there shall be at least three members present at the time of final disposal of the case.
Explanation
Section 28 outlines the internal functioning and procedural norms of the Child Welfare Committee (CWC). It ensures that the committee is active, accessible, and capable of making urgent decisions even when not fully assembled.
Key points:
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The CWC must convene meetings for at least 20 days each month, reflecting its continuous engagement.
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Visits to child care institutions by the Committee count as official sittings to monitor the welfare of children.
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When the Committee is not in session, an individual member is empowered to take urgent protective measures for a child in need.
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Decision-making within the Committee is by majority. If no majority emerges, the Chairperson’s view prevails.
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Final decisions in any case require the presence of at least three members, but interim actions can still proceed in the absence of others.
Illustration
🔸 Example:
If a child is rescued by the police at night and the Committee is not in session, any available member can immediately place the child in a suitable Children’s Home. Later, when the Committee formally meets, the placement decision can be reviewed and ratified. If during a meeting two members disagree on the appropriate course of action and two others support different options, the Chairperson’s view will be considered final.
Common Questions and Answers
Q1: What is the minimum number of sittings required per month?
At least 20 meetings or sittings must be held monthly.
Q2: Can one member alone make decisions?
Yes, in urgent cases (e.g., placing a rescued child in care), a single member may act when the Committee isn’t in session.
Q3: How is a tie resolved during decision-making?
If there’s no majority, the Chairperson’s opinion is final.
Q4: Can decisions be made if some members are absent?
Yes, but at least three members must be present for the final disposal of any case.
Conclusion
Section 28 of the Juvenile Justice (Care and Protection of Children) Act plays a crucial role in ensuring that the Child Welfare Committee remains functional, responsive, and efficient. By mandating frequent sittings, allowing individual members to act in emergencies, and clarifying decision-making mechanisms, it ensures that children in distress receive timely intervention and care. This provision strengthens the procedural backbone of the CWC and underscores its continuous commitment to child welfare.
