The National Medical Commission (NMC) has issued a public notice urging all medical colleges and institutions under its purview to ensure rigorous compliance with the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021. The directive comes after concerns raised by the Ministry of Women and Child Development (MWCD) regarding deviations from legal procedures in the care, reporting, and adoption of abandoned or surrendered children in hospitals and medical facilities.
The NMC has reiterated several key legal provisions that require strict adherence:
I. Mandatory Reporting (Section 32)
Any individual or institution, including hospitals, informed of or finding an abandoned child is legally bound to report the case immediately to Childline (1098), the police, the Child Welfare Committee (CWC), or the District Child Protection Unit (DCPU). Non-compliance carries penal provisions under Sections 33 and 34 of the Act.
Procedure for Surrender (Section 35)
If a parent intends to surrender a child, hospitals must immediately notify the CWC. The child’s care must follow specific procedures outlined in this section, ensuring the surrender is voluntary, informed, and properly documented.
The Act strictly prohibits handing over children for adoption in violation of its provisions, making such actions punishable by law.
Sale and Purchase of Children (Section 81)
Involvement of any person or institution in the sale or illegal transfer of children constitutes a cognizable offense. Employees of hospitals, nursing homes, or maternity homes found complicit face a minimum imprisonment term of three years.
In view of these provisions, all Medical Colleges/Institutions are specifically requested to ensure that their Obstetrics & Gynaecology and Paediatric departments, along with faculties and students, strictly follow these legal protocols.
To prevent unauthorized adoptions, eliminate risks of trafficking and exploitation, and safeguard children’s rights, the NMC has also mandated the institutionalization of the following safeguards:
Mandatory Training and Legal Orientation
All hospital staff, especially those in Obstetrics & Gynaecology and Paediatrics, must undergo compulsory sensitization and legal training on the JJ Act provisions. The MWCD, through its training agency NIPCCD, will facilitate this.
Establishment of Reporting Protocols
Hospitals are required to establish internal protocols for immediate reporting of any abandoned or proposed-to-be-surrendered child to the CWC via the District Child Protection Unit, in line with the Adoption Regulations, 2022.
Prohibition of Direct Adoption Facilitation
Medical practitioners or staff members are strictly prohibited from directly facilitating a child’s adoption by any individual or family outside the legal framework supervised by the Central Adoption Resource Authority (CARA).
Display of Legal Information
It is now mandatory for all hospitals and nursing homes to display posters, brochures, and advisories on the legal adoption process and the consequences of illegal adoptions. CARA will coordinate this initiative.
Establishment of Accountability Measures
Mechanisms for audit and accountability must be introduced to monitor healthcare institutions’ compliance with the JJ Act provisions.