Children Orphaned During Covid And Trafficking Chance High 
Source : The Hindu
GS II :Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
GS III : Security challenges and their management in border areas; linkages of organized crime with terrorism

Why in News ?

COVID situation not only make the health issues it impact all areas like Economy, Society, Food Security. Recently a news article in The Hindu provides the impact over Children regarding their vulnerability. 

• Many children left orphaned during COVID 19 after the death of parents.
• The report shows some instances from various region
  • Ganjam district in Odisha, a 45 day old girl was found next to her mother’s body.
  • A mother left two daughters, a 15 year old and a seven year old, lost battle against COVID 19.
  • Four members of a family died over 12 days leaving behind two daughters aged six and 10.

Key Facts

• COVID19 has left many children extremely vulnerable, particularly those who have been orphaned.
• Childline 1098 recorded 51 calls between May 1 and 12 for children whose parents had died of COVID19, but the actual number was likely to be much higher
• Child rights activist after messages on social media and WhatsApp groups began circulating containing adoption appeals for children who had recently been orphaned by COVID19.
• Response from Ministry
  • Ministry flag such adoption requests as illegal.
  • Reason : Urged people to prevent trafficking in the garb of adoption.
  • Ministry wants report all such cases to 1098, to the police or a child welfare committee (CWC).
  • Ministry of Health and Family Welfare to add a column in hospital admission forms asking patients to specify in whose custody their children could be left in case of any eventuality.
  • Only a district CWC could decide the future of children found orphaned in such circumstances.

What will happen for the Child lost parents ?

• CWC referred the child to a special adoption agency for interim care.
• The District Child Protection Unit (DCPU) would now undertake a social investigation which would include effort to find members from the extended family who could be given the custody of the child.
• Failing that the child may be declared orphaned, surrendered or abandoned before she is declared legally free for adoption.

What happen if some willing to keep children in custody ?

• They would have to be produced before a CWC.
• The CWC would first make effort to find members of the birth family and then make an assessment.

Issues related to adoption Children Orphaned During Covid

• Illegal adoption will increase the chance of trafficking.
• If children have faced one crisis such as a loss of a family member or separation from their parents due to death and desertion, then the emotional trauma for them is very high.

Laws in-favour of Adoption

• They could follow the rules to adopt or seek legal custody under
  • Hindu Adoption and Maintenance Act, 1956
  • Juvenile Justice Act, 2015
  • Guardianship and Wards Act, 1890.

Way Forward

The best option, and recommended kinship care as a more suitable alternative. to respond to such a crisis is
to retain the child within the birth family so that the child doesn’t face double trauma. 

• Kinship care programme and make it part of foster care provisions under the Juvenile Justice Act, 2015.
• Child protection system such as Maharashtra’s Bal Sangopan Yojana, where the State grants educational support of Orphaned children.

India’s Effort against Trafficking

• Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 (1).
• The Immoral Traffic (Prevention) Act, 1956 : legislation for prevention of trafficking for commercial sexual exploitation.
• Criminal Law (amendment) Act 2013 : has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form.
• Protection of Children from Sexual offences (POCSO) Act, 2012 : which has come into effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation with precise definition of abuse.
• Child Labour (Prohibition and Regulation) Act, 1986 : To prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments.
• Sections 372 and 373 : Dealing with selling and buying of girls for the purpose of prostitution.
• Anti Trafficking Cell (ATC) : Anti-Trafficking Nodal Cell was set up in the Ministry of Home Affairs (MHA) (CS Division in 2006.

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