Child Welfare

Child Welfare

The Indian Child Welfare Act (ICWA) of 1978 is Federal law that governs the removal and out-of-home placement of American Indian children. The law was enacted after recognition by the Federal Government that American Indian children were being removed from their homes and communities at a much higher rate than non-Native children. ICWA established standards for the placement of Indian children in foster and adoptive homes and enabled Tribes and families to be involved in child welfare cases. Find resources related to ICWA, including Tribal, State, and local areas.

Demographic situation

Children constitute principle assets of any country. Children’s Development is as important as the development of material resources and the best way to develop national human resources is to take care of children. India has the largest child population in the world. All out efforts are being made by India for the development and welfare of children. Significant progress has been made in many fields in assuring children their basic rights. However, much remains to be done. The country renews its commitment and determination to give the highest priority to the basic needs and rights of all children. Children are most vulnerable to exploitation and abuse. A lot more has to be done for the health, nutrition and education of children. It is unfortunate that girls in particular face debilitating discrimination at all stages. Therefore, specific concentration is being given to the efforts to improve the life and opportunities of the Girl Child.

Constitutional Provisions

We, the human rights and defenders and promoters of Rule of Law and justice solemnly resolve and affirm the following:

  • Article 14- provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
  • Article 15(3)- provides that, “Nothing in this article shall prevent the State for making any special provision for women and children.”
  • Article 21- provide that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • Article 21A- directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
  • Article 23- prohibits trafficking of human beings and forced labour.
  • Article 24- prohibits employment of children below the age of fourteen years in factories, mines or any other hazardous occupation.
  • Article 25-28- provides freedom of conscience, and free profession, practice and propagation of religion.
  • Article 39(e) and (f)provide that the State shall, in particular, direct its policy towards securing to ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment
  • Article 45- envisages that the State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.

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