Policy document
The Future of Foster Care and Child Protection in India and Sri Lanka
Myrna McNitt, Vasundhra Omprem, Lynn Stanier ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001India and Sri Lanka have historically relied on institutional care for vulnerable children, including those with disabilities and victims of violence. Both countries are now shifting toward family-based alternative care, particularly foster care, through legislative reforms. India amended its Juvenile Justice Act in 2015 to include foster care provisions, while Sri Lanka passed a National Alternative Care Policy in 2019. These changes align with international child rights standards and require collaboration and training across stakeholders.
Key points
- India's 2015 Juvenile Justice Act revision included foster care provisions under Reintegration and Rehabilitation chapters
- Sri Lanka's 2019 National Alternative Care Policy defines all forms of alternative care including foster care and kinship care
- Both countries historically used institutional care for disabled children and violence victims whose families lacked resources
- Legislative changes align with the United Nations Convention on the Rights of the Child
- Collaboration, training and exchange of practices are identified as key to implementing this transition
Limitations
This document is a policy overview rather than an evaluation of outcomes, so it cannot tell us whether the legislative changes have actually improved child protection or well-being in practice. There is no data on implementation effectiveness or the number of children affected by these policy changes.
Abstract
India and Sri Lanka have a shared history, which has led to the longstanding use of institutional care of children. Children in institutions were often disabled, the victims of gender violence and their families lacked the necessary resources to provide care. This was true in the past and is today. There is a slow movement to end institutional care in India and Sri Lanka through the development of family-based alternative care (foster care). For this change, stakeholders needed to engage at all levels in changing policy and practice. Noteworthy is the legislative taken in India in the year 2015 to amend and revise its existing Juvenile Justice (Care and Protection of Children) Act 2000. The new Juvenile Justice (Care and Protection of Children) Act 2015 included provisions on foster care under the chapter Reintegration and Rehabilitation. Sri Lanka took formal action in 2019 with the passage of The National Alternative Care Policy for Children in Sri Lanka. This Act defines all forms of alternative care including foster care and kinship care. These legislative changes aligned with the United Nations Convention on the Rights of the Child (1989) asserting a child’s rights framework. Collaboration, training and exchange of practices have been key to the development of foster care and will continue to help this monumental change process.