INDIA
FEBRUARY 1997
Department of Women and Child Development
Ministry of Human Resource Development
Government of India
| S.R. Bommai | Minister of |
Foreword
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I am happy that the initial Country Report on the
implementation of the Convention on the Rights of the Child in India has
been finalised and deposited with the UN Committee of ten in Geneva.
India's ratification of the Convention on the Rights of the Child on 2 December, 1992, represents and reinforces the commitment to provide our children a first call on our resources. Since the adoption of the Convention, there has been a significan improvement on the status of our children. The report presents in a holistic manner the situation of children in the country and the on-going statu- tory and administrative measures for their betterment. The report also identifies the priority areas for action and the inconsistencies and anomalies in policy which need to be addressed for meaningful development and ensuring the rights of our children. I hope that these identified areas of action would receive due attention of all concerned Ministries / Departments in Government, our partners outside government and all those working for the well-being of children.
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(S.R.BOMMAI)
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| Preface | |
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With India's ratification of the Convention on the Rights of the Child on 2 December 1992,
over 90 per cent of the world's children have come within the ambit of this most
widely ratified human rights convention in history. This con- vention is not a
philosophical paradigm nor is it a statement of aspirational goals to be achieved
over decades. At least for us in India, it represents a commit- ment to provide to
our children a first call on our resources. Our National Plan of Action which has
been formulated as an action statement of pro-child deve- lopment strategies to implement
the provisions of the CRC, sets out quantifiable time dimensions to India's
Charter of Action for Children by 2000 A.D. We also stand fully committed to
achieving the 27 survival and development goals laid down by the World Summit on Children.
The Convention is derived from a core set of human values and ethical promises based on the inherent dignity and equal inalienable rights of all humanity in- cluding its children. To a large extent, the Convention reiterates and elaborates principles enshrined in the Constitution of India. By ratifying the Convention, the Government and the people of India have renewed their commitment to children. This document prepared by the Child Welfare Division in the Depart- ment of Women and Child Development, Ministry of Human Resource Develop- ment, gives an overview of the historical perspective of the Rights of the Child and reviews the situation of children in India with reference to the articles of the Convention. This document is an outcome of wide consultations with the con- cerned Ministries/Departments in the Central Government, State Governments, NGOs, experts and the UNICEF Country Office. This initial country report on the implementation of the CRC, I believe, will set the tone for rapid developments to build a conducive and joyful environment for the child.
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(Sarala Gopalan) |
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Contents
S.No. |
Chapter |
Pages |
I. |
Introduction | 1-8 |
| II. | General Measures of Implementation 9-15 | 9-15 |
| III | Definition of the Child 16-18 | 16-18 |
| IV. | General Principles 19-25 | 19-25 |
| V. | Civil Rights and Freedoms 26-31 | 26-31 |
| VI. | Family Environment and Alternative Care 32-39 | 32-39 |
| VII. | Health, Nutrition and Child Care 40-55 | 40-56 |
| VIII. | Education, Leisure and Cultural Activities | 57-66 |
| IX. | Special Protection Measures | 67-81 |
| X. | Conclusion 82-84 | 82 |
Abbreviations/Acronyms 82-84 |
83-84 | |
Annexes |
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1. |
States and Union Territories by Population Size | |
2. |
Child Population in India | |
3. |
Child Indicators | |
4. |
Life Expectancy at Birth | |
5. |
IMR in Rural and Urban India | |
6. |
Prevalence of Malnutrition among Children (1-5 years) | |
7. |
Total Literacy Rate by Sex | |
8. |
Elementary Education in India: Progress of enrolment | |
9. |
Drop-Out Rates in Classes I-V | |
10. |
Drop-Out Rates in Classes VI-VIII | |
11. |
State Plans of Action for Children |
I. INTRODUCTION
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Land and the People |
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The Indian subcontinent covers an area of 32,87,263 sq. kms. and is bound in the north by the Himalayas towering over the Gangetic plain, in the south by the Deccan Plateau, in the east by the Bay of Bengal and in the west by the Arabian Sea. The countries having a common border with India are Afghanistan and Pakistan in the north west, China, Bhutan and Nepal in the north and Myanmar and Bangladesh in the east. Sri Lanka in the south is separated by a narrow channel of sea formed by the Palk Strait and the Gulf of Mannar. India is the seventh largest country in the world with 26 States and 6 Union Territories, reflecting not only geographical but also a rich cultural diversity. It is a land of 844 million people (1991 Census), of which 628.7 million live in rural India. Religion is an important dimension of Indian culture and varied religious groups have thrived together from time immemorial in this secular state. The principal religious groups are Hindu, Muslim, Christian, Sikh, Buddhist and Jain; Hindus being 82 per cent. |
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| 1.2 |
The population is not evenly distributed over the country. Almost 63.7 per cent of the population live in 31.45 per cent of the total area. The two states of Kerala and West Bengal have the highest population density (750 per sq.km.) followed by Bihar and Uttar Pradesh. The north-eastern states have relatively low density of population. The states of Madhya Pradesh, Rajasthan, Karnataka, Orissa and Maharashtra in the central part of India have a density below the national average of 267 people per sq. km. Shift in population due to migration from rural to urban areas in recent years have further aggravated the problems of density in urban conglomerates. The ten most densely populated urban centres in the country are Calcutta, Madras, Greater Bombay, Hyderabad, Delhi, Chandigarh, Mahe, Howrah, Kanpur and Bangalore where average density is 5,791 persons per sq. kilometre. |
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| 1.3 | India's population growth has been largely influenced by fertility and mortality trends. The birth rate, from a level of slightly below 50 at the beginning of the century, had fallen to 29 by 1992. One striking feature of the age pattern of fertility in India is the occurrence of a large number of births among adolescent mothers. In 1984, 9.8 per cent of all the births in India occurred to women of age, less than 20 years. Also, 19 per cent of the births to mothers of age 15-19 years were of order more than one. | |
| 1.4 | Over the last 90 years the most notable event in this regard has been the decline in mortality from a level of over 40 per thousand at the beginning of the century to the current level of about 10. There is little doubt that the massive investments in health, sanitation, water supply, etc., have directly contributed to this steep fall in death rates. The improvement in mortality is reflected in the increase in the expectation of life at birth, which, at the beginning of the century, was around 23 years but has by now more than doubled for both males (60.6) and females (61.7). | |
| 1.5 | The population of India is young, with nearly 36 per cent consisting of children below 15 years. Thus, two out of every five persons are below 15 years. The total child population in India, in 1991, was about 302 million which is more than the population of most countries of the world. Children constitute the nations' future human resource. A young population imposes certain constrains in terms of investment decisions relating particularly to education, nutrition and child health. | |
| Child in India: Cultural and Historical Overview | ||
| 1.6 | India's commitment to the cause of children is an old as its civilisation. The child is believed to be a gift of the Gods, that must be nurtured with care and affection, within the family and the society. Unfortunately, due to socio-economic factors, the incidence of neglect, abuse and deprivation, particularly in the poverty afflicted sections of the society, has gradually increased. | |
| 1.7 | Such a scenario made it imperative to intervene for providing care and protection to children. Setting up of extra-familial institutions to provide care to the young, both in the governmental and voluntary sectors became inevitable. In the mid- twenties, voluntary organisations such as Indian Red Cross Society, All India Women's Conference, Kasturba Gandhi National Memorial Trust and Children's Aid Society organised programmes in the areas of welfare, health, nutrition and education for children. Balkanji Bari set up in 1920, was the first children's organisation with child membership. Several other organisations were set up around this time but these were on sectarian basis, such as the All India Shia Orphanage, the Bai Dosabai Kotwari Parsi Orphanage, etc. | |
| 1.8 | In India, Independence ushered in a new era in the field of child welfare and child development towards children. Adequate provisions were also made for care and protection of children in the Constitution. The Indian Constitution provides a frame- work within which provisions are available for protection, development and welfare of children. Article 39 (e) and (f) lay down that: the State shall direct its policy in such a manner that the tender age of children is not abused and children are given opportunities and facilities to develop in a healthy manner and childhood is protected against exploitation and against moral and material abandonment. Education of children has been recognised as a sine-qua-non for the growth of children. Accordingly, Article 45 lays down that the State shall provide free and compulsory education for children up to the age of 14 years. | |
| 1.9 |
There are a
wide range of laws which guarantee to a substantial extent the rights and entitlement as
provided in the Constitution and in the UN Convention on the Rights of the Child. * The Apprentices Act, 1961. Apart from these laws mainly concerning children, there are a host of related welfare and criminal laws which have beneficial provisions for the care and protection of children. Even the laws relating to commerce, industry and trade have protective provisions for children. |
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| 1.10 | A very significant development was the establishment of the Central Social Welfare Board in 1953. The Board was set up to assist voluntary organisations and mobilise their support and cooperation in the development of social welfare services, especially for women and children. At that time, most voluntary welfare organisations were located in urban areas. In 1954, the Board launched the Welfare Extension Projects (WEP) to cater to the rural population. The activities under the WEP included maternal and child care services, preschool education, social education and craft training for women. | |
| 1.11 | It was during this decade that the UN Declaration of the Rights of the Child was adopted by the UN General Assembly. This Declaration was accepted by the Indian Government, thus affirming its concern for children. In order to meet these obligations, concerted measures have been taken at the national level to ensure survival, protection and development of children. As part of Five Year Plans, several programmes have been launched by the Government which are aimed at providing services to children in the areas of health, nutrition and education. | |
| 1.12 | The adoption of the National Policy for Children in 1974 was a landmark. This policy lays down that the State shall provide adequate services to all children, both before and after birth, and during the growing stages for their full physical, mental and social development. The measures suggested included, among others, a comprehensive health programme, supplementary nutrition for mothers and children, nutrition education of mothers, free and compulsory education for all children up to the age of 14 years, non-formal preschool education, promotion of physical education and recreational activities, special consideration for the children of weaker sections like the Scheduled Castes and the Scheduled Tribes, prevention of exploitation of children and special facilities for children with different types of handicap. | |
| 1.13 | Given the magnitude of the problems of children, the Policy suggested that programmes relating to preventive and promotive aspects of children, health, nutrition for children below the age group of six, care of destitute children, day care facilities and rehabilitation of handicapped children, be accorded high priority. The Policy provided for a National Children's Board to act as a forum to plan, review and coordinate the various services directed towards children. The Board was first set up in 1974. | |
| 1.14 | The Policy succeeded in highlighting various areas of child development and securing their acceptance as major areas for programme planning. Another outcome was the setting up of a Bureau for Nutrition and Child Development in the then Ministry of Social Welfare, which was responsible for implementation of the Policy and the various resulting programmes under it. The Board was also expected to promote public awareness about the needs of children and for coordinating and integrating the efforts of various agencies according to the priorities laid down in the Policy. | |
| 1.15 | The National Children's Fund was instituted by the Government to provide financial assistance to voluntary organisations for undertaking innovative child welfare programmes. | |
| 1.16 | It was around 1974 that the perspective of 'integration' began to dominate Government's thinking. Efforts were made to examine the feasibility of integrating early services for children covering supplementary nutrition, immunisation, health care which included referral services, nutrition, education of mothers, preschool education, family planning and provision of safe drinking water. These efforts led to the emergence of a new package of Integrated Child Development Services, the ICDS Programme covering children less than six years and nursing and expectant mothers. Launched in 1975, the ICDS continues to be the major governmental programme for early childhood survival and development intervention benefitting over 18 million children and around 5 million pregnant and nursing mothers. The programme has now been universalised in March 1996 to cover all community development (CD) blocks in the country, thus extending the coverage to 5320 CD blocks and 310 major urban slums. In each ICDS Project, there are on an average 130 Child Development Centres called Anganwadi Centres (AWCs). The Child Development Project Officer (CDPO) is in charge of one ICDS Project. An ICDS Project has 7 supervisors who are responsible for the implementation of ICDS in 20 AWCs. At the grassroots level, one AWC is managed by one Anganwadi Worker and one Anganwadi Helper with the assistance of an Auxiliary Nursing Mid-Wife (ANM). An Anganwadi Worker/ANM provides services to about 60 children below 6 years of age and 12 pregnant and nursing mothers. An amount of Rs. 1.456 million per year is required for the maintenance cost per project. The effective universalisation of the ICDS scheme will be achieved by the first year of the Ninth Plan when all the 1668 new projects will become fully operational. The scheme would thus provide vital services to over 52.4 million beneficiaries including 43.7 million children and 8.7 million pregnant mothers. It has been noted that as a result of the ICDS programme, a faster decline in the incidence of infant and early childhood mortality in the ICDS project areas have been reported. Similarly, there was better utilisation of Vitamin 'A', iron folic acid and immunisation services in the ICDS project areas. | |
| 1.17 | Another landmark in the seventies was the setting up of the National Institute of Public Cooperation and Child Development (NIPCCD) in 1975 as an autonomous body. It was identified as an apex body for training of ICDS functionaries. It also assists the Government in all technical matters related to children development and promotion of voluntary action in social development. | |
| 1.18 | The Department of Women and Child Development was set up in the Ministry of Human Resource Development in 1985, to ensure development of Women and Children—the two most vulnerable segments of our population. The Department, besides the ICDS, implements several other programmes, undertakes advocacy and inter-sectoral monitoring, catering to needs of women and children. The various activities are taken up not only through State Governments and Union Territory Administrations but also by assisting voluntary organisations as partners, in providing services aimed for their development and empowerment. | |
| 1.19 | Since the inception of the South Asian Association for Regional Cooperational (SAARC) in 1985, issues concerning children have been high on the organisation's agenda and receive the highest priority in national development planning. Membership of SAARC has, thus, further reaffirmed India's commitment to children development. The SAARC member nations committed themselves to universal child immunisation by the end of 1990. The other goals were universals primary education, adequate maternal and child nutrition and safe drinking water by the year 2000. The momentum generated by the first SAARC Conference on Children in 1980 contributed to the convening of the World Summit for Children held in New York in September 1990. This also led to annual reviews of the situation of children in South Asia as well as declaring 1990 as the SAARC year of the Girl Child and 1991-2000 as the Decade of the Girl Child thereafter. | |
| 1.20 | The Eighth Five Year Plan of India recognised "Human Development" as the core of all developmental efforts. The priority sectors of the Plan that contribute towards realisation of this goal are health, education, literacy and basic needs, including drinking water, housing and welfare programmes for the weaker sections. Further, child survival and development have receive high priority. In the last decade of this century, dramatic technological developments particularly in health, nutrition and related spheres have opened up new vistas of opportunities for redeeming our age-old pledges to the cause of children. | |
| 1.21 | It is against this backdrop that India joined the comity of Nations in the successive reaffirmations of global commitment to the cause of children. The UN Convention on the Rights of the Child (CRC) in November 1989, the World Conference on Education for All at Jomtien in March 1990, the Global Consultation on Water and Sanitation in September 1990, the World Summit for Children in the autumn of 1990 and the SAARC Summit on Children soon after the World Summit were all part of this reaffirmation process which transcended national barriers. India is a signatory to the World Declaration and its Plan of Action for Children (September 1990). By endorsing the 27 survival and development goals for the year 2000 laid by the World Summit, India has reiterated its resolve to advance the cause of children in India. The Department of Women and Child Development under the Ministry of Human Resource Development in pursuance of this formulated the National Plan of Action for Children (NPAC) in 1992. | |
| National Plan of Action for Children | ||
| 1.22 | The National Plan of Action has been worked out keeping in mind the needs, rights and aspirations of over 300 million children in the country and sets out quantifiable time dimensions to India's Charter of Action for Children by 2000 A.D. Mid decade goals in selected areas have also been adopted. The priority areas in the National Plan of Action are health, nutrition, education, water, sanitation and environment. The Plan gives special consideration to children in difficult circumstances and aims at providing a framework, through the goals and objectives, for actualisation of the Convention in the Indian context. The National Plan of Action also lists out activities to achieve these goals. To make the goals, objectives and activities of the plan more need-based and area-specific, the Central Government has urged all the State/UT Governments to prepare Plans of Action for Children for their States/UTs, taking into account the regional disparities that may exist. Accordingly, almost all the major states have adopted State Plans of Action for Children. The mid decade and decadal goals are being constantly monitored by a high-powered inter-ministerial committee in the Department of Women and Child Development. | |
| 1.23 | The Government of India ratified the Convention on the Rights of the Child on 2 December 1992. Accordingly, the Government took various initiatives to review the National and State legislations to bring them in line with the provisions of the Convention, develop appropriate monitoring procedures to assess progress in implementing the Convention, involve the concerned Government/Ministries and Departments, international agencies, non-governmental organisations, and the legal profession in the implementation and reporting process to publicise the Convention, and seek public inputs for frank and transparent reporting. | |
| 1.24 | A four member team of the UN Committee on the Rights of the Child comprising of Ms. Marta Santos Pais, Special Legal Adviser for Human Rights, Mr. Uri Kolosov, Chairman of International Law Institute of International Relations, Ms. Hoda Badran, Secretary General, Alliance for Arab Women, Ms. Judith Karp, Deputy Attorney General, Salah-a-Din, Jerusalem, Israel, visited India from 4th to 7th October 1995, to see first hand the specific problems children faced and to interact with Government officials, UN agencies, NGOs and others on the measures being taken to make child rights a reality. They were accompanied by Ms. Rebeca, Chief, Child Rights and Policy Section, UNICEF, New York. | |
| 1.25 | The visiting members met the Government officials and called on Kum. Vimla Verma, the then Minister of State in the Department of Women & Child Development. The members also separately visited the various child labour projects in the States of Tamil Nadu, Rajasthan, Andhra Pradesh and Uttar Pradesh. | |
| 1.26 | Following the visit of the 4 members of the Committee to India, UNICEF held a South Asia consultation on child labour in Kathmandu which was shared with the Govern-ment of India for joint advocacy and programming towards elimination of child labour within India and the South Asian region. The suggestions have been considered and incorporated in the Government's plan of action for the elimination of child labour. This has also been followed up in the recently held Third Ministerial Conference on Children in South Asia in Rawalpindi, where the Government's commitments have been reaffirmed. | |
| 1.27 | Another important outcome of the visit of the members of the UN Committee is the initiation of the process within the country to promote children's participation on issues concerning their rights and well-being—"Voices of the Children" Campaign. | |
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II. GENERAL MEASURES OF IMPLEMENTATION |
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| Article 4 of the Convention States; "States Parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the present Convention". This chapter enumerates briefly a number of measures which have been taken by India towards meeting this commitment over the last few years and thus supplements and builds upon the overview offered in the previous chapter. | ||
| MEASURES TAKEN TO HARMONISE NATIONAL LAW AND POLICY WITH THE PROVISIONS OF THE CONVENTION | ||
| 2.2 | In order to facilitate the phased and progressive process of implementing the Convention, India has taken a number of steps. Some of the major ones are mentioned below: | |
| i. | At the Central level The Ministries/Departments of the Government of India concerned with various provisions of the Convention namely, inter alia, Ministry of Health and Family Welfare, Department of Education, Department of Revenue (Ministry of Finance), Ministry of Defence, Ministry of Information and Broadcasting, Ministry of Home Affairs, Ministry of Welfare had initiated the process of examining the relevant Articles with a view to take necessary measures to internalise the provisions of the Convention in their programmes and activities. Various sectors have strengthened and refined their schemes with a view to provide effective services to ensure welfare and development of children. The implications involving legislative changes are being actively examined. |
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| ii. | At the Provincial
level The State Governments are internalising the articles of the Convention on the Rights of the Child into their State Plans of Action for Children. A number of schemes for welfare and development of children have been strengthened and refined with a view to ensuring children their economic, political and social rights . |
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| iii. | Networking with
experts and Non-governmental organisations Reputed non-governmental organisations known for their dedication, adaptability and self-reliance have been partners of the Government in all programmes for the development of children and mothers. The critical contributions of non-government organisations encompass a wide spectrum—ranging from their role in catalysing social change, organising communities, training, communications, area specific planning and management of services, to monitoring and evaluation. The mobilisation and greater involvement of non-governmental organisations in programmes for the development of children and women has increased the potential for accelerating the development process and achieving national goals for children, as outlined in the National Plan for Children. Partnerships to promote voluntary action especially in favour of the vulnerable young child have strengthened the capacity of communities for achieving goals for children through sustainable participatory development approaches. This has also contributed to a wider recognition of such action as part of our collective responsibility to ensure that children realise their right to survival, development, protection and participation. Accordingly, their involvement in dissemination of information of Children's Rights as well as in preparation of the Country Report was considered vital by the Government. A planned, phased process was set up to achieve this goal so as to ensure that the Country Report would actually reflect ground realities and progress made in translating policies and programme into action at the grassroots. |
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| iv. | The preparation of the country report has been an important step in the implementation and dissemination of the Convention. It has been a "participatory process" involving inputs from and contribution of NGO representatives, activists, academicians and professionals. In order to facilitate such an open consultative process, a three day National Consultation Workshop was organised by Indian Council of Child Welfare (ICCW) in collaboration with the Department of Women and Child Development and UNICEF in Delhi during November 1994. It provided a forum for discussion on major themes of the Convention. India's Country Report which has drawn extensively from these discussions, has been enriched with constructive suggestions given by the experts for full implementation of the 'Rights of the Child'. | |
| Review of Laws in Light of the Convention and Sensitising the Legal System to the Convention | ||
| 2.3 | The Convention vests an obligation on the State to review and revise all laws pertaining to children. Inherent in this commitment is also an obligation to review the manner in which existing laws are implemented. The sensitisation of all levels of the judiciary, the police and others dealing with children with the law is also necessary to ensure achievement of children's rights. | |
| 2.4 | Various processes along these lines were initiated from the time the Convention came into force in 1989. The National Law School of India University, a leading centre for teaching and research in law, organised a seminar at Bangalore on the CRC in 1990. With India's ratification of CRC, these processes found further momentum. A major forum where Children's Rights found expression was the International Conference on Shaping the Future by Law held at New Delhi in March 1994. This Conference resulted in: - High visibility to Children's Rights, with affirmations by the President, the Prime Minister and the Chief Justice of the Supreme Court. Higher profile for Children's issues in media and emphasis on key issues like child labour and primary education. - Sensitisation of top levels of judiciary (Judges of Supreme Court, Chief Justices of High Courts) |
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| 2.5 | The Conference also made a set of important recommendations for focused interventions to change the situation of children and ensure children's rights by setting up an "Alliance for the Child", and an active body of persons in the field of law, with the Chief Justice of India as its Chairperson; review of all national legislation pertaining to the child; inclusion of laws pertaining to children in the syllabi of law colleges all over the country; to campaign for immediate implementation of free and compulsory primary education, to actively remove children from bondage and all hazardous workplaces; and to revise legislations, for prohibiting children labour. As a part of the deliberations, working groups were set up to review legislation, especially on child labour and compulsory education. | |
| MECHANISM FOR COORDINATING POLICIES RELATED TO CHILDREN AND FOR MONITORING THE IMPLEMENTATION OF THE CONVENTION | ||
| 2.6 | The Department of Women and Child Development in the Ministry of Human Resource Development of the Government of India has nodal responsibility of coordinating the implementation of the Convention. Since subjects covered under the Articles of the Convention fall within the purview of various Departments/Ministries of the Government, an inter-ministerial committee has been set up in the Department with representatives from the concerned sectors to monitor the implementation of the Convention. | |
| DISSEMINATING INFORMATION ON CHILDREN'S RIGHTS | ||
| 2.7 | Considering the size and diversity of the country, it was felt that information regarding children's rights could be usefully disseminated through State Level Workshops. Eleven such Workshops were held at Jaipur, Calcutta, Lucknow, Hyderabad, Bangalore, Pune, Jabalpur, Patna, Ahmedabad, Bhubaneshwar and Chandigarh in the course of 1994. These State Workshops have created a broad awareness of children's rights, reflected in editorials and news reports in the press and coverage through radio and television, identifying local issues for closer attention. | |
| Focusing on Priority Issues | ||
| 2.8 | The CRC has helped in focusing attention on certain priority issues affecting children, like child labour and compulsory education. | |
| i. | Raising the issue of the economic exploitation of children in different fora resulted in high visibility and public consciousness of the need to eliminate child labour. | |
| ii. | Commitment by the Prime Minister on Independence Day in 1994 resulted in the formation of a scheme for elimination of child labour from hazardous industries and the earmarking of substantial funds for this purpose with a time bound target for implementation. | |
| iii. | The Andhra Pradesh Judicial Academy held a Workshop on Elimination of Child Labour and the CRC, resulting in enhanced coordination and interaction between the judiciary and enforcing departments on matters relating to child labour. | |
| iv. | The Rugmark Foundation has been registered to encourage carpet exporters to eliminate child labour in that industry and recycle funds received from importers for rehabilitation of children. | |
| v. | Significant initiatives have come from the non- governmental sector like the South Asia Coalition Against Child Servitude movement for pledges from legislators on removal of child labour and active campaigns for freeing bonded child labour. | |
| vi. | There is also a growing awareness regarding the importance of primary education. Tamil Nadu has legislated compulsory primary education in 1994. There are a number of initiatives at national and regional levels aimed at realisation of the child's rights to education. | |
| vii. | A pledge in support of primary education was made by the Prime Minister, the Minister for Human Resource Development and representatives of industry, trade unions, educationists, voluntary groups and others, at the initiative of the Rajiv Foundation in 1994. | |
| viii. | The Common Minimum Programme of the present Government includes a commitment to provide universal primary education by the year 2000. This programme also recommended that: "Special programmes will be launched to take care of children and the disabled and to eradicate child labour in all occupations and industries." | |
| Advocacy and Sensitising Key Functionaries | ||
| 2.9 | A significant initiative inspired by the Convention is the effort to sensitise key functionaries to the provisions and implications of the CRC. | |
| i. | Members of Parliament under the Chairmanship of the Speaker met and highlighted the needs of the children and discussed remedial measures in 1994-95. | |
| ii. | Chiefs of Police of nine major cities met in Bangalore and resolved to include children issues in the training of police personnel. | |
| iii. | Pioneer national institutions like Lal Bahadur Shastri National Academy Administration, Mussoorie and the Sardar Vallabhai Patel National Police Academy Hyderabad, have introduced modules on children's issues in the training of India Administrative Services and Indian Police Service officers. | |
| iv. | Workshops on the implementation of the Juvenile Justice Act 1986 were organised for groups of judicial officers and lawyers. | |
| v. | Workshop on Rights of the Child, Realities of Justice in Uttar Pradesh was held at Lucknow in 1994. | |
| vi. | National Conference on Public Interest Litigation held at Hyderabad focused on the rights of this most vulnerable social group. | |
| Partnership with the Media | ||
| 2.10 | The media can be a powerful advocate for children and is central to promoting awareness and understanding of the Convention on the Rights of the Child. Article 42 of the Convention refers to the State Parties obligations to inform adults and children of the provisions of the Convention. A number of initiatives were undertaken to make the principles and provisions of the Convention widely known by appropriate and active means to adults and children alike. | |
| 2.11 | Radio and Television have been highlighting children's issues regularly. All India Radio has broadcast a fifteen-episode serial on children's rights in the four major Hindi speaking States. Radio and TV producers have been oriented on children's issues with a desired perspective. A Workshop on the CRC for the radio stations in the East and North East was held in September 1994. These workshops have been continued in 1995 and 1996 covering other States. All programmes focused on children including messages and information on the 'Rights of the Child' are now regularly being telecasted/broadcasted. Spots on these issues are being televised on prime time on national TV. | |
| 2.12 | Media interventions on children's rights have also included special issues of Nai Disha (Hindi newspaper) and Tamasha (Children's magazine) on the CRC. Media workshops for newspaper editors and journalists on CRC were organised at Madras, Bhubaneswar, Cochin, Hyderabad and Calcutta. | |
| 2.13 | The theme for National Children's Day 1994 was "Rights of the Child: A Commitment". All major newspapers carried articles as well as supplements on the issue, which was also extensively covered in the media. A document titled "Rights of the Child: A Commitment" was also brought out by the Department of Women and Child Development which has been disseminated widely. This has become a reference both for all those working for children, and of their obligation and responsibilities in implementation of the National Plan of Action and the CRC. | |
| 2.14 | A survey of Indian newspapers over the last few years indicates a growing awareness, of the concept of children's right. Protection rights like child labour and child abuse have received great attention. Survival rights are covered particularly during an epidemic or emergency. However, in addition to the above rights, Development rights, like primary education have received greater focus in the media in the post-convention era | |
| 2.15 | The absence of a focused communication strategy for Child Development was felt for some time. A strategy has now been formulated for bringing about appropriate advocacy, social mobilisation and empowerment through coordination action by all concerned with child welfare and development. | |
| Promoting Children's Participation | ||
| 2.17 | The Convention places an obligation on countries to ensure participation of children in activities related to the CRC. Some special initiatives in this connection were: Essay Competition on Children's Rights by newspapers, Campaigns on Children's Rights in schools, Child to Child initiatives on education, Children's Rallies on the CRC Day (20 November), painting and drawing competitions on Child Rights, Activity Weeks in cities around the theme of Children's Rights. | |
| 2.18 | "Voices of the Children" campaign has been initiated in the country with support from the Government and UNICEF with the objective to start the process for children's participation in all matters which concern their lives and to facilitate a manual for interested parties working with children in India. The different categories of children participating in the Voices of the Children's Campaign include among others—street children, child labourers, tribal children, girl children, slum children, children in tea plantations, refugee children, children of commercial sex workers, children displaced for development projects, high school children of commercial sex workers, and children of municipal primary schools. As part of the Campaign, facilitators' workshops have been organised to give orientation on the rights of the child, objectives and the need and importance of the campaign. The facilitators are being trained to help children to express issues and concerns through different media such as dance, theatre, story telling, the print media and structured or informal discussions. | |
| Networking | ||
| 2.19 | Children's rights appear to be catching the imagination of the people in different parts of the country. Association for Rights of Children (ARC) have been formed in some parts of the country. These bring together concerned citizens and NGOs to support activities focused on the needs of children. Initiatives have also been taken by industries, associations and youth bodies for extending assistance to child welfare programmes and for support on issues like removal of child labour and child prostitution. | |
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Convention—A Powerful Advocacy Instrument |
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| 2.20 | It may be concluded that the process of sensitising and mobilising all sections of society around issues of children's rights has commenced in our country. The Convention revalidates the rights guaranteed to children by the Constitution of India, and is, therefore, a powerful weapon to combat forces that deny these rights. There is a need to further support and strengthen people's initiatives around children's issues, collect and disseminate information, mobilise public opinion and to build a climate for active interventions in support of children's rights. | |
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III. DEFINITION OF THE CHILD |
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In India, the Census of India defines persons below the age of fourteen as children. When making use of standard demographic data, social scientists include females in the age group of fifteen to nineteen years under the category of the girl child. Most of the government programmes on children are targetted for the age group below fourteen years. According to the Constitution, no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment (Article 23). The legal conception of a child has tended to vary depending upon the purpose. A few illustrations from the law in India are given below: |
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| Definition of the child: Illustrations from the law in India | ||
| 1. | Criminal Law: Indian Panel Code | Nothing is an offence which is done by a child under the age of 7 years. The age of criminal responsibility is raised to 12 years if the child is found to have not attained the ability to understand the nature and consequences of his/her act. Attainment of sixteen years of age for a girl is necessary for giving sexual consent, which is not less than fifteen years in case she is married. |
| 2. |
Juvenile Law: Juvenile Justice Act, 1960 |
A juvenile is a child who has not completed the age of 16 years in case of a boy, or the age of 18 years in case of girls. A delinquent juvenile cannot be sentenced to imprisonment. If a juvenile who has attained the age of 14 years commits an offence of a serious nature and is found not to be in his interest or in the interest of other juveniles to send him to a special home then the juvenile court may order the delinquent juvenile to be kept in safe custody in such place and manner as it thinks fit. Detention in police stations or jails is specifically prohibited under the Act. |
| 3. | Family Law: Child Marriage Restraint Act, 1926 | Child means a person who, if a male, has not Completed 21 years of age and, if a female, has not completed 18 years of age. |
| 4. | Labour Law: Apprentices Act, 1961 | A person is qualified to be engaged as an apprentice only if he is not less than fourteen years of age, and satisfies such standards of education and physical fitness as may be prescribed. |
| 5. | Factories Act, 1948 | A child below 14 years of age is not allowed to work in any factory. An adolescent between 15 and 18 years can be employed in a factory only if he obtains a certificate of fitness from an authorised medical doctor. A child between 14 to 18 years of age cannot be employed for more than four and a half hours. |
| 6. | Mines Amendment Act | No person below eighteen year of age shall be allowed to work in any mine or part thereof. |
| 7. | The Child Labour (Prohibition and Regulation) Act,1966 | Child means a persons who has not completed his fourteenth year of age. |
| 8. | Army Head quarters Regulations | (a) The age of recruitment in the Army is from 16 to 25 Years. Persons who are recruited at the age of 16 years, undergo. Basic Military Training for up to two-and-a-half years from the date of enrolment and are then inducted into regular service. |
| 9. | Indian Contract Act, 1870 | A person below the age of 18 years has no capacity to contract. |
| 10. | Provision of Free and Compulsory Education | Article 45 of the Constitution states that the State shall endeavour to provide within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children till they complete the age of fourteen years. |
| 3.2 | The word "child" has been used in various legislations as a term denoting relationship; as a term indicating capacity; and as a term of special protection. Underlying these alternative specifications are very different concepts about the Child. These include viewing children as a burden which invokes rights to maintenance and support; regarding children as undergoing temporary disabilities making for rights to special treatment and special discrimination; treating children as specially vulnerable for ensuring rights of protection; and recognising children as resources for the country's development necessitating their nurturing and advancement. | |
| 3.3 | The question of review of definition of the "Child", in the light of Article 1 of the Convention on Rights of the Child has been referred to the Law Commission of India to be considered by the Commission while undertaking a comprehensive review of the Code of Criminal Procedure and the India Penal Code. The Law Commission has already reviewed the Code of Criminal Procedure and are likely to undertake a comprehensive review of the Indian Panel Code and the Indian Evidence Act shortly. | |
| Age of Child: A dilemma | ||
| 3.6 | Legal enactments invoke differential age-specifics creating a dilemma whether the same human being is or is not a child and, depends upon the law which is being invoked in a given case. Given the fact that the deprived child's birth is either inadequately/incorrectly recorded, the reliability and impact of the laws thus cannot be fully regulated in terms of age. The laws which relate to transgression by the child, are under the general rubric of Juvenile, while distinguishes treatment vis-a-vis the adult, for offences like begging/stealing/drug taking/peddling or crime. Free legal aid is available, under the Public Utility Litigation provisions. But the disparity between the age-identified child and the laws applicable in terms of maturity levels and the child's ability to articulate needs, requires congruent thinking in policy, laws statements and their enactments. | |
| 3.7 | The acceptance of the definition of the Child as given by the UN Convention on the Rights of the Child is likely to have implications on programme planning and budgetary provisions. The Government of India is, therefore, reviewing the legislation and is considering, adopting the definition of the child as stated in Article 1 of the Convention, wherever it is feasible and applicable, so that the rights children re protected in the society under all circumstances. | |
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IV. GENERAL PRINCIPLES |
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These sets of rights are based on certain guiding principles of: - equality and
non-discrimination (Article 2); |
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| 4.1 | Most of the above 'Rights of the Child' find prominent place in the charter of rights guaranteed under the Indian Constitution. An Indian citizen enjoys today many more fundamental rights than those which were believed to have been available at the time when the Constitution was enacted. This enlargement of human rights jurisprudence was made possible because of the practice of judicial review and the constitutional obligation entrusted to the higher judiciary to be the guardian of peoples' basic rights. The Supreme Court has been adopting an activist, creative and dynamic role which has led to an expansive regime of rights of freedom to citizens particularly to the weaker sections amongst them. | |
| 4.2 |
The
Constititional treatment of rights is two-fold. On the one hand, certain rights and
freedoms, mostly civil, political and cultural in nature, are secured as Funda- mental
Rights enforceable against the State through Constitutionally guaranteed remedies
including writs. - Right to Equality (Articles
14-18); |
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| 4.3 | On the other hand certain rights, largely social and economic in nature have been listed as Directive Principles of State Policy. These rights though not justiciable are fundamental to governance and are considered a necessary supplement to Fundamental Rights in achieving the objective of the Welfare State. This recognition of indivisibility and inviolability of rights included in the Directive Principles (social and economic rights) and the harmonious interpretation of other provisions in the Constitution to advance the content of the rights in Part IV (Directive Principles of State Policy) is a major accomplishment in human rights protection under the Indian Constitutional Law. | |
| 4.4 |
The
provisions in Part-IV of the Indian Constitution which enabled the judiciary to promote
the jurisprudence of child rights are Articles 39 (e), (f), 42, 45 and 47. Article 39 says that The State shall, in particular, direct its policy towards ensuring: (e) that the health and strength of workers and the tender age of children are not abused and that citizens are not forced by economic necessity to enter vocations unsuited to their age or strength; (f) that children are given opportunities and
facilities to develop in a healthy manner and in conditions of freedom and dignity and
that childhood and youth are protected against exploitation and against moral and material
abandonment. Article 42 – Says that the State shall make provision for securing just and humane conditions of work and for maternity relief. Article 45 – The State shall endeavour to provide, within a period of ten years from the commencement of this constitution, free and compulsory education for all children until they complete the age of fourteen years. Article 47 – The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the States shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health. |
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| 4.5 | These rights, at present, may not be treated as positive rights partly because they are expressly made non-enforceable through courts (Article 37), and partly because they are meant to be only progressively realisable, subject to the economic resources of the State. However, they are important provisions as Article 37 has stipulated in unequivocal terms that "these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making law". The Supreme Court, as part of the system of governance of the country has been invoking these principles in interpretation of status and in implementation of fundamental human rights. For instance, the inability of the State to provide free compulsory education for all children within a period of ten years from the commencement of the Constitution has compelled the Supreme Court to declare right to education as part of the fundamental right to personal liberty (Article 21), as without education, life cannot be lived with dignity. This healthy trend to increasingly read the rights contained in Directive Principles (Part IV) into the Fundamental Rights in Part III of the Constitution is aimed at progressive realisation of the rights under the UN Convention to which India is a signatory. In this approach, the clear winners are the hitherto neglected section of children who have not been able to assert right through courts. | |
| 4.6 | By ratifying the Convention on the Right of the Child, the Government is obligated "to review National and State legislation and bring it in line with provisions of the Convention". This obligation on the State is also in conformity with the Constitution which allows the continuance in force of laws only if they conform to the provisions of the Constitution (Article 372). | |
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Legislative Support to Child Rights |
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| 4.7 | The Union Parliament and the State Assemblies have been playing an effective role in bringing forward appropriate legislation to support the status and welfare of children. A long list of beneficial laws have been put in the Statute Book translating constitutional directives into legislative policies. Gaps, distortions in legislations resulting in unintended consequences in legislative policies governing child rights are reviewed on a regular basis to take remedial measures. An impressive list of laws exists, as enumerated in para 1.9 leaving relatively little scope for fresh initiatives in law making in favour of children. | |
| 4.8 | Continuous efforts are being made at the governmental and non-governmental levels to bring forward progressive legislation to fill in the gaps. | |
| 4.9 | The process of adjusting legislation to the spirit of human rights is a continuing one for which the legislature and the judiciary have to work incrementally over a period of time. The court cannot act unless its jurisdiction is invoked by an aggrieved person which in the case of a child is a difficult proposition. This constraint has been overcome by the courts who have taken a broad view of the doctrine of locus standi and who have allowed members of the public to invoke the judicial process on behalf of persons who for social, economic or other reasons are unable to seek access to the courts through PIL (Public Interest Litigation). | |
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Non-Discrimination (Art. 2) |
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| 4.11 | Non-discrimination among children is an overriding principle of the Convention (Article 2 of the Convention). This right is guaranteed by the Constitution (Article 14). In practice, there are wide-ranging instances of discrimination based on caste, religion, sex, region, language, parentage or economic status and millions face unequal opportunities for survival and development. Among the disadvantaged group, the girl child, street children, children of prostitutes, and children belonging to socially and economically backward communities need special mention. Several schemes and programs have been introduced for their well being and protection which are expected to provide them the necessary support. | |
| 4.12 | Many discriminatory practices are sought to be justified on grounds of religion, custom or social policy. Some of them are inherited from the feudal, colonial past and the laws designed thereunder. Further, there are gaps in Personal Law which are not conducive to the best interest of the child like the length of maintenance (Muslim Law), custodian-ship of the mother (Hindu Law), caste-related identity (Hindu Law) and denial of adoption to non-Hindus. These are areas of concern which would need to be addressed more comprehensively. | |
| 4.13 | The concept of illegitimacy of children and the disabilities imposed consequently are reprehensible to the principle of equality and dignity of children. Discrimination based on economic or social status has been an inherent character of Indian Society. Laws prohibiting the practice of untouchability and providing for reservation in jobs and education to erstwhile untouchables have, to a large extent, improved the status of these classes, though it would still take more time before this practice is eradicated completed. | |
| 4.l4 | The right to education of every child is the foundation on which the right to equal treatment and non-discrimination is based. The right to education also pre- supposes that other rights to health and nutrition and the right the privacy are provided to every child. The right to education is, thus, of particular significance to all discriminated children, especially girl children and children with special needs who are suffering from mental, physical or economic disabilities. Compulsory education for all children is the basis of ensuring civil rights for all children. The Government has recently legislated the Prevention of Disabilities (Equal Opportunities, Protection of Rights and Participation) Act, 1995 which provides for meeting the needs, including education rights of children with disabilities. Presently, a National Policy for the Disabled is under active consideration of the Government. | |
Discrimination against the Girl Child |
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| 4.15 | Gender bias continues to manifest itself in Indian society. Traditionally, India is a society that idolises sons who are desired due to their key role in the cremation ceremony on the demise of the parents. Sons are also desired to continue the lineage and family name. They are also expected to economically support parents in their old age. Religion-based legal systems in India have discrimination based on sex. This is evident in legislation relating to marriage separation, property rights and custody of children. The girl child does not always enjoy the rights of childhood for reasons extraneous to her. Till recently education and health were almost denied to her and she was confined to household work. In fact the discrimination has gone to such an extent that in certain areas and communities the female child is aborted and not allowed to be born. The Parliament as well as certain States have come forward with prohibition of sex determination tests with a view to curb female foeticide. | |
| 4.16 | Girl children, especially in rural areas, remain deprived of adequate access to basic health care, nutrition and education. Inevitable, more girls than boys suffer from malnutrition and succumb to diseases. There were an estimated 7.8 million fewer girls than boys below the age of fourteen in 1991 which yields a female-to-male ratio of 0.949. The adverse female to male ratio among children is attributable to the systematic deprivation and unequal treatment of girls vis-a-vis boys in several parts of the country. Incidence of female infanticide and selective abortion of female foetus continue to be reported in various parts of India. However, these do not seem to have an implication for the sex-ratio, for which factors like access to health care and nutrition are of greater consequence. | |
| 4.17 | Families prefer to educate the male child rather than the girl child. During 1991-92, the ratio of girl to boys was 88.1 to 116.6 in Classes I - V and 47.4 to 74.2 for IV-VIII classes. Nearly one-third of the girls who enter formal education in class I drop out before class II. Even in non-formal education centres, girls only one-third of the total enrolment. | |
Policies and Programs for Combating Discrimination against the Girl Child |
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| 4.18 | The National Policy for Children formulated in 1974 does not explicitly mention the girl child. However, India's "National Plan of Action" for Children, 1992 includes the object of removing gender bias and improving the status of the child in society so as to provide her with equal opportunities for her survival and development and to help her achieve full potential. India has adopted a separate National Plan of Action for SAARC Decade of the Girl Child (1991-2000 A.D.). In pursuance of this Plan of Action, various Government Departments viz.,—Department of Women and Child Development, Department of Family Welfare and Department of Education are giving special emphasis on gender-specific interventions and programs with the support of NGOs. | |
| 4.19 | A scheme for Adolescent Girls was started recently to meet the needs of adolescent girls in the age group of 11 to 18 years. These relate to health, nutrition, non-formal education and literacy, and social and recreational needs, recognising the potential of these goals as effective social animators at the village levels. The girls child has become the focus of universalisation of primary education in an effort to achieve "Education for All by 2000 AD". Special emphasis is being given to the enrolment and retention of the girl child under various programs of the Department of Education. | |
| 4.20 | All these efforts have resulted in reversing the trends of gender inequality. As per 1991 data, out of the total female population, about 36 per cent were girls in the age group 0-14. There is a decline in female mortality rates, especially in the age group 0-4 years and 5-14 years indicating improvements in the survival of the girl child. In the age group 0-4 years, the mortality rate declined from 43.3 in 1981 to 27.5 in 1991, while in the age group 5-14 years, the decline was from 3.1 in 1981 to 2.2 in 1991. The sex differentials in literacy are still very pronounced, though there has been noticeable improvement in the female literacy rate from 29.75 per cent in 1981 to 39.29 per cent in 1991. On the whole, enrolment of girls in schools has increased from 5.4 million in 1950-51 to 46.4 million in 1993-94 and at the upper primary stage from 0.5 million to 15.7 million. In 1993-94, the school enrolment at primary stage was above 100 in many States. | |
| 4.21 | The current Eighth Five Year Plan strategy states that social discrimination against the girl child will be effectively countered, through a massive campaign, to ensure equal treatment and equal opportunity for their growth and development. A holistic approach has increasingly been emphasised including appropriate intervention, gender sensitisation, advocacy, social mobilisation and the use of media for changing attitudes. | |
| 4.22 | Due to prevalence of female foeticide, the Central Governmental has enacted the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act in 1994 which will have precedence over the existing legislation on sex determination tests in Maharashtra, Rajasthan and Punjab and the proposed legislation in Haryana. The new legislation states categorically that those conducting the diagnostic procedure should not communicate to the woman or her relatives the sex of the foetus. Misuse of the diagnostic procedure could result in imprisonment for three years and a fine of Rs. 10,000 and suspension of the registration of doctors convicted for abuse of the new technology. | |
| 4.23 | The social and cultural milieu of India has long favoured universality of marriage and early marriage for girls—even before the legal age of 18 years. According to the National Sample Survey (43rd Round), in rural India, as many as 44% of girls in the age group of 15 to 19 years and 5% in the age group of 10 to 14 years were married in 1987-88. The corresponding urban proportions were 21% and 1.4% respectively. The mean age at marriage of girls during the decade has increased from 15.5 in 1981 to 19.5 in 1991. Child marriages are still prevalent in some parts of rural India, mainly in Rajasthan, Uttar Pradesh, Bihar and Madhya Pradesh. | |
| 4.24 | The Child Marriage Restraint Act of 1929, also known as the Sarda Act, was amended in 1978 to raise the minimum marriage age of girls to 18 years and for boys to 21 years. Under the new Act, police officers are competent to investigate offences if they are cognisable but would not be able to arrest any person without a warrant or an order of a Magistrate. However the Act does not invalidate child marriages as it could adversely affect the status of girls. | |
Respect for the Views of the Child (Article 12) |
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| 4.25 | Paragraph 5.12 of the Chapter on Civil Rights and Freedoms may also be seen in this regard. Socialisation includes imposing discipline for behaviour modification by adult members. Age hierarchy is traditionally an important theme in the growing up process for Indian children. Children are expected to be obedient and often have limited say in the decisions which are made for them. This continues by and large through the remaining periods of life, sometimes as long as the elders/parents are alive, albeit in a milder form, through seeking the blessings of elders. The child often does not get to express his or her views freely. However, the sensitivity of families towards children's need have increased due to advocacy, education and awareness in recent years. | |
| V. CIVIL RIGHTS AND FREEDOMS | ||
| 5.1 |
The Indian Constitution presents an impressive lists of civil and political rights for children. - While the right of equality before the law and the equal protection of the laws is available to any person including children, Article 15(3) empowers the State to have special laws for children, only intended to enable them to enjoy the fruits of the equality guarantee. Examples of such laws include the Child Labour Prohibition laws and the Juvenile Justice Act. Class legislation is thus not only constitutionally permissible but also constitutionally mandated. - Taking note of the then prevailing exploitative practice of trafficking in human beings, particularly children, Article 23 of the Constitution has put a total ban on forced labour and made such practices punishable under law. - The Constitution in Article 24 has prohibited the employment of children below the age of 14 years in any factory, mine or in any other hazardous activity. - Besides all the seven sets of Fundamental Rights in the Constitution are available to children with as much authority and accessibility as that with adult citizens. |
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| 5.2 | There is a large body of case law which has not only developed the application of these rights to children but has also expanded their scope in order to make them meaningful. This was accomplished by the judiciary through harmonious construction of Part-III (Fundamental Rights) and Part IV (Directive Principles of State Policy) of the Constitution side by side with India's Treaty Obligations and obligations under the UN Convention on the Rights of the Child. Thereby the Indian judiciary has made a singular contribution for the universal development of human rights generally, and of child rights in particular. | |
| 5.3 | It may be concluded that in the matter of civil rights and freedom, the laws of the country stand very much in line with the global Human Rights Movement and the UN Convention on the Rights of the Child (1989). India's ratification of the Convention in 1992 has generated, renewed concern regarding the policies and priorities, obligations and commitments vis-a-vis children. In translating this concern into concrete actions, availability of trained personnel and greater accountability to legal obligations are being attempted. The Courts have begun to take child rights and principles governing them seriously and have gone to the farthest limits to give every child, particularly the neglected and the delinquent, an opportunity to enjoy the minimum guarantees of law. | |
| 5.4 | India is a Union of States, and under the scheme of governance envisaged by the Indian Constitution, all legislative powers are organized under three lists given in the Seventh Schedule. List I (Union List) contain matters in which the Union Parliament has exclusive power to make laws. Similarly, in respect of items in List II (State list), the State Assemblies have exclusive power to make laws. List III, titled Concurrent List, contain matters in which both Parliament and State Assemblies have power to legislate. On matters not enumerated in List II or III, Parliament has residuary powers of legislation (Articles 246 and 248). | |
| 5.5 | While public order, police, prisons, reformatories, borstal institution, relief and the disabled, etc., are subjects of List II, a number of related matters like criminal law and procedure, family law, civil procedure, vagrancy, economic and social planning, social security, welfare of labour, education, etc. are items in List III. Many of these items relate to the rights of children. As such the status of legislative protection available to children and the extent of enforcement of available laws affecting their entitlements are dependent upon State Governments. | |
| 5.6 | There have been some positive developments in the period following the ratification of the UN Convention on the Rights of the Child. Following an international conference on the subject in March, 1994, an "Alliance for the Child" has been formed at the national level with the Chief Justice of India as its chairperson. This body has inspired an active interest in the problems of children viewed in the perspective of the child rights. Senior judicial officers, lawyers and police personnel have attempted to address the problems of children, particularly in the context of the implementation of the Juvenile Justice Act. | |
| 5.7 | The National Human Rights Commission set up in 1993 has been taking an active interest in the implementation of Children's Right in the country. The Commission has been examining issues like child labour and related issues such as compulsory education, child marriages, child prostitution, female foeticide and infanticide in depth and is supportive of efforts by the Non-Governmental Organisations and activists for furthering children's rights. | |
| NAME AND NATIONALITY (ART. 7) | ||
| Nationality | ||
| 5.8 | Prior to independence, nationality in India was governed by the British Nationality and the Status of Aliens Act 1914. The concept of Indian citizenship came into being only with the advent of independence. The Indian Citizenship Act 1955 provides for acquisition, termination and renunciation of Indian citizenship and other matters. A child born in India or abroad acquires Indian citizenship if either of his parents is an Indian citizen. A minor child ceases to be a citizen of India where his parents have renounced the Indian citizenship. But any such child may, within one year or his attaining 18 years of age, resume Indian citizenship by making a declaration to that effect. | |
| Birth Registration | ||
| 5.9 | Article 7 of the CRC makes it the parents' responsibility to register the birth of the child. In India, there is a regular system of registration of birth, deaths and names. The Office of the Registrar General of India, under the Ministry of Home Affairs handles the subject of registering the birth and name of newborns as governed by the provisions of the Registration of Births and Deaths Act, 1969 (RBD). Rules have been framed under this Act by various State Governments between 1970 and 1982. Under the Act, registration of all births occurring in the country has been made compulsory and free of charge, if reported within the prescribed time-limit. At present, the period prescribed for the registration of birth varies from 14 to 21 days in various parts of the country. Section 13 of the Act also has provision for delayed registration for events which could not be registered within the normal reporting period. Under Section 12 of this Act, the first copy of the extracts of registration, which is also known as birth certificate is given free of change. The necessary reporting from prescribed for the birth registration of a newborn contains an item on the child. Concerted efforts are being made to create awareness for improving timely registration of newborns and thus ensuring that the correct age of the child, an essential prerequisite for children's rights, is known at all times. | |
| 5.10 | In practice, it has been found that many parents do not register child birth due to low levels of awareness, home-based deliveries and illiteracy. The Report on the Vital Statistics in India (1987) shows that coverage of births by the registration system is 100 per cent only in six States and three of the Union Territories. In order to increase the rate of birth registration, an element of compulsion for obtaining birth certificates has been introduced in certain urban areas. This includes compulsory production of birth certificate at the first school admission and for obtaining ration cards. This has improved the rate of registration of births. Media has been effectively used for promoting awareness of benefits arising out of universal birth registration. | |
| RIGHT TO PARTICIPATE, FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION | ||
| 5.11 | The freedom of expression is a fundamental right which is available to all persons in India including children. The fact that this freedom, especially in case of children, may be circumscribed by the cultural ethos of any society needs to be acknowledged. The child's right to information is sometimes determined by parents or teachers which may sometimes be seen as limiting their rights. However such exercise is taken predominantly in the best interest of the child and should not be seen to prevent free access to information or freedom of expression. The child's view is taken into account in a number of cases involving custody, fixing criminal liability, and giving evidence in court. | |
|
FREEDOM
OF THOUGHT, CONSCIENCE AND RELIGION (Art. 14) FREEDOM OF ASSOCIATION AND OF PEACEFUL ASSEMBLY (Art. 15) |
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| 5.12 | Every person in India is entitled to freedom of conscience and the right freely to profess, practise and propagate religion subject only to public order, morality, health and such other provisions as laid down in the Constitution itself. The Supreme Court of India has upheld the religious belief of a child belonging to Jehovah's Witnesses not to sing National Anthem in the morning assembly of the school. Similarly freedom of association and peaceful assembly is guaranteed under the Indian Constitution. | |
| Right to Personal Liberty, Bodily Integrity and Privacy | ||
| 5.13 |
Bodily
integrity and privacyare basic rights provided for in Articles 16 and 37 of the
Convention. While personal liberty (right to life) is guaranteed by Article 21 of the
Indian Constitution, freedom from self-incrimination, double jeopardy, unlawful arrest and
detention are provided for by Articles 20 and 22. Traffic in human beings is prohibited
under Article 23 and all forms of forced labour are outlawed. The court has developed PIL
as a strategy to provide wide access to aggrieved persons even through total strangers.
Judicial remedies have come to be democratised through introduction of interim relief
appropriate to the occasion. Thus medical justice, rehabilitative justice, compensatory
justice, etc., have become part of human rights jurisprudence in India giving meaning and
content to the right to life and liberty. One of the important set of beneficiaries of
this judicial activism on the right to bodily integrity have been children.
- Children in bondage have been released and rehabilitated
under Court orders made at the instance of NGOs and journalists. |
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| 5.14 | While such refinements in the rights of the child were taking place mainly through the judicial process, there have been reports of increasing victimisation of children through rape and related sexual offences and through forced prostitution. One explanations of this increase in reporting of such crimes could be greater awareness and openness due to effective advocacy for children's rights. Even then, all efforts are being taken to arrest this through effective and sensitised enforcement machinery, speedier trials and justice. A Central Advisory Committee on Child Prostitution has been set up to make suggestions for eradicating child prostitution. It has submitted its report. Suitable machinery shall soon be set up for implementing the recommendations. As a first step a Child Prostitution desk has been recently created in the Department of Women & Child Development to initiate the process. | |
| 5.15 | An issue of great importance in this regard is the relevance of consent of the child or young adult in medical treatment. Usually, information on the child is gathered from the parent and decision on treatment is made with consent of parents or guardians. However, there are situations in which conflict of interests may arise and the parent's consent may not be in the best interest of the child. Greater awareness on this aspect is being generated. | |
| 5.16 | The right to privacy implies that there should be in-camera trials for all cases involving juveniles. The present system provides this protection and reportage of cases involving juveniles or rape victims do not mention the name or address of the victim. However, this protection has not been extended to include law journals or publication of photographs of the victim. | |
| 5.17 | The child's right to privacy implies that the child should be able to aspire for a decent living environment to meet his or her optimum needs. This right is especially important for girl children, adolescent girls and children living in urban slums who often have to share a one room hutment with siblings and parents. Government's effective steps towards providing Shelter for the Homeless can go a long way in meeting this provision of the Convention. Although housing is a State subject, the Union Government formulates Housing Policies with regard to programmes and approaches for effective implementation of the social housing schemes particularly those pertaining to the weaker sections of society, to accomplish the goal of Shelter for All. The Prime Minister's 20 Point Programme lays special emphasis on the housing needs of the disadvantaged sections of society. Currently, four social housing schemes, viz.,—scheme for the Economically Weaker Sections of the Society; Low Income Group, Middle Income Group, and Rental Housing Scheme; Rural house-site-cum-House Construction Scheme; and Indira Awaas Yojana are being implemented through the State Governments and Union Territory administrations. | |
| 5.18 |
Any
generalisation on the status of children's rights in the whole of India is risky, unfair
and contrary to realities on the ground despite instances of relative neglect of
children's welfare and uneven enforcement of laws in some parts of the country. Moreover,
the performance of the higher judiciary has been particularly noteworthy in the context of
enforcing legislation beneficial to children. It is through the High Courts and the
Supreme Court that judicial remedies and procedural standards have been evolved and
accountability established on issues of human rights. The Public Interest Litigation (PIL)
which is a unique feature of the Indian judicial system has been successfully used in
guarding the rights of children. Priorities given for follow up action under Civil Rights and Freedoms are:
|
|
|
VI. Family Environment and Alternative Care |
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| 6.1 | The Preamble of the Convention clearly states that the family is the fundamental pillar of society and the natural environment for the growth and well being of all its members, particularly children. It is the major source of development of children, by way of providing nurturance, emotional bonding and socialisation. The child, the family and society, constantly interact with, and therefore, influence each other. A holistic and realistic understanding of the Indian context requires that the family dynamics of our culture, with respect to the child, be analysed. | |
| 6.2 | Children in India are traditionally an essential part of the family unit. The child rearing process during infancy has by and large been laissez-faire with flexible rules and restrictions. Kindness to the young ones is an essential element of child-care. Within the folds of the large joint families, children grow under the charge of multiple caretakers. | |
| 6.3 |
Much
of parental behaviour has been prescribed in the religious texts, counselling and
advising adults on their conduct towards children. Manu, the ancient Indian philosopher
has served as a beacon with his dictates on protection and indulgence of children by
society: " They should be fed before others, not spoken to harshly and forgiven for their omissions. Punished they must be; but when there is reason and that too without inflicting pain". |
|
| FAMILY FOCUS IN POLICIES AND SCHEMES FOR CHILDREN WITH PROBLEMS (Parental guidance or respect for the rights, duties and responsibilities of parents: Article 5 of the Convention) |
||
| 6.4 | The parents/family have additional responsibilities when the child has a problem. Some of these problems, especially substance abuse and infringement of the penal law, have their sources in the family, or absence of it and its environment. Convention articles 23, 24, 25, 33, 37 and 40 recognise the role and importance of the family and the community in this regard. | |
| 6.5 | The Juvenile Justice Act of 1986 deals with children who may be found in situations of social maladjustment, delinquency or neglect. Under this act, a Scheme for Prevention and Control of Juvenile Social Maladjustment is being implemented. This Scheme provides support for setting up institutions and after care organisations, and for training of functionaries. This and other schemes for the welfare of this category of children could be strengthened by giving a more pronounced focus on family. The year 1994 was celebrated as the 'Year of the Family' and the Ministry of Welfare in the Government, as the nodal Ministry, took a number of steps to focus on the 'Child in Family'. | |
| PARENTAL RESPONSIBILITY: CHILD'S RIGHT TO BOTH THE PARENTS | ||
| 6.6 | According to Article 7 of the Convention, the child has the right to be cared for by his or her parents. Article 9 enjoins upon the State to ensure that children shall not be separated from his or her parents against their will except when competent authorities, subject to judicial review, determine, in accordance with applicable law and procedures, that such separation is necessary and in the best interest of the child. Such determination may be necessary in cases involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision needs to be made as to the place of residence. Article 18 of the Convention mentions that both parents have the primary responsibility for the upbringing and development of the child. | |
| 6.7 | In India, there is no law for separating the child from his or her parents when he or she is being abused by them. However, child out of wedlock or judicial separation, divorce, annulment or desertion between parents leads to situations of parent-child separation. These situations lead to issues of child's status of guardianship and parenting; maintenance, custody and access; and illegitimacy. In India, the natural guardianship is given to the father and child care responsibility to the mother. In most communities, the child's second name is that of the father, indicating that the child belongs to the father. The data forms for birth registration, ration card and passport, all require the father's name as the guardian of the child. | |
| Legal Provisions for Guardianship | ||
| 6.8 | According to the Hindu Minority and Guardianship Act, 1956 the natural guardian of a boy or an unmarried girl is the father and after him, the mother. The prior right of the mother is recognised only to custody in the case of children below five but even this right is qualified by the word 'ordinarily'. In the case of 'illegitimate' boy or an 'illegitimate' unmarried girl, the mother is the natural guardian and after her, the father. | |
| 6.9 | Under Muslim law, the father is the sole guardian of the child. However, the mother has the prime right to custody of the child. According to the Shia School, the mother's right of custody of the child terminates when the boy reaches the age of two and in the Hanafi School, this right is extended till the age of seven for the boy. Both the schools, however, agree that the mother has the right to the custody of a minor girl till she attains the age of puberty. | |
| 6.10 | Guardianship in all other communities is governed by the Guardian and Wards Act, 1890. It clearly lays down that the father's right is primary and no other person can be appointed as a guardian, unless the father is found unfit. | |
| 6.11 | The Law Commission Report of 1989 has recommended that the mother should have the same and equal rights of guardianship of the child vis-a-vis the father. The policy for Women formulated by Maharashtra in 1994, envisages amendment of the Guardianship Act to also enable the mother to be a guardian. | |
| Legal, Policy and Programme Provisions for Parenting | ||
| 6.12 | The Factories Act of 1948 expects industrial units employing 30 or more female workers to run a creche for their children. Similarly, the Plantations Act of 1951 stipulates that every plantation employing 50 or more women workers should provide a creche. The Mines Act of 1952 specifies that a creche has to be provided wherever women are employed, regardless of their number, making it necessary, even if only one woman is employed. | |
| 6.13 | The Beedi and Cigar Workers (conditions of employment) Act, 1966 provides that every industrial premises wherein more than 50 female employees are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of 6 years of such female employees. Thus the corporate sector does not recognise the child care needs of the father. In fact, this provision discourages employers from employing women. On the other hand, there is an under utilisation of the existing creches because fathers who need it for their children can not use it. The Scheme of Assistance to Voluntary Organisations for Creches also targets on working and ailing women's children. | |
| Maintenance, Custody and Access | ||
| 6.14 | Under all our matrimonial statues, the children are treated as part of ancillary proceedings. The order as to custody, maintenance and education of children can be made only when a petition is filed in a court of law. If the petition is dismissed, no order for children can be made by the divorce court. The children are not considered independent parties to the proceedings. | |
| 6.15 | In cities where the Family Courts Act of 1984 is implemented, matters of maintenance, custody and access come under the jurisdiction of the Family Courts. The counsellors submit to the court a report relating to the home environment of the parents, their personalities and relationship with their child, in order to decide the question of custody of the child. They may also help the court in determining the amount of maintenance to be granted to the child. These provisions in the Family Court Act have facilitated speedy and appropriate disposal. Under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and the Parsi Marriage and Divorce Act, 1936 the age of children for orders of custody, maintenance and education is 18 years. | |
| 6.16 | According to Article 27 of the Convention, the State shall take all appropriate measures to secure the recovery of maintenance for the child from the parents. The right of the child to maintenance from parents is granted in all the personal laws. Under most of the personal laws, the primary obligation to maintain the child is that of the father, but if the father has no means or insufficient means and the mother has the means, then the mother has the obligation to provide for maintenance. In Section 125 of the Criminal Procedure Code, this right is applicable to the legitimate as well as illegitimate children and children of void marriages are considered legitimate. The courts have held that even when there is no separate application for maintenance of the child, the court is entitled to grant maintenance to children while deciding the issue of maintenance to wives. | |
| 6.17 | Article 9 of the Convention states that the State shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it contrary to the child's best interests. The Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 state that custody, maintenance and education of children should be consistent with their wishes wherever possible. The Parsi Marriage and Divorce Act, 1936 and the Indian Divorce Act, 1969, applicable to Christians, do not make a provision to consider the child's wishes, though in practice, the wishes of the child is considered if he/she can express them. The courts have also expressed the view that the wish of the child is a relevant consideration, but welfare of the child is a paramount consideration, and if the welfare of the child requires, the wishes of the child may be disregarded. | |
| ILLICIT TRANSFER AND NON-RETURN (Article 11) | ||
| 6.18 | India is not a party to the Convention on the Civil Aspects of International Child Abduction. The cases involving illegal transfer of children by the non-custodial parent from the parent having legal custody have been dealt by the courts in India by applying the relevant principles of private international law and the custody of the child has been ordered to be restored to the lawful guardian. | |
| ALTERNATIVE FAMILY CARE PROGRAMMES FOR CHILDREN DEPRIVED OF A FAMILY ENVIRONMENT (Article 20) | ||
| 6.19 | Since 1974-75, the Ministry of Welfare is implementing the Scheme for Welfare of Children in Need of Care and Protection to take care and rehabilitate abandoned, neglected, orphaned and homeless children. The welfare services being provided under the scheme include food, shelter, education, health, vocational training, etc. | |
| 6.20 | The problem of destitution persists in spite of a network of institutional and non-institutional programmes and services being provided by the government and voluntary organisations. For the development of destitute children in a family setting, SOS Children's Villages were started in the country in 1964. At present, more than 25 SOS Children's villages are taking care of over 10,000 children. | |
| Non-Institutional Services Project in Disaster Affect Areas | ||
| 6.21 | Disaster management should respond to the needs of destitute children in crises situations. A pilot project has been undertaken by 'Shishuadhar', a Pune based NGO, to introduce the non-institutional services like sponsorship; foster care, guardianship and family assistance to the orphaned and destitute children in the earth-quake affected area of Latur. This is an attempt to provide alternate family care to the children instead of institutionalisation. This "rehabilitation package" has helped in assisting many rphans who would otherwise have been sent to institutions and orphanages. | |
| Lacunae and Inconsistencies in Policy and Programme | ||
| 6.22 | While the National Policy talks about the family as being the best environment for a destitute child, the corresponding schemes and programmes to promote the non-institutional approach to Child Welfare are limited and need to be augmented. Assistance mostly goes o residential institutions and more Observation Homes are set up each year. Even children with single parents are admitted who could actually be supported through other schemes like sponsorship or day care. There is a felt need for better coordination between the Juvenile Welfare Board and the Central Social Welfare Board (CSWB) to provide better care for the child. Lack of minimum standards in some of these institutions also needs attention. | |
| ADOPTION OF CHILDREN (Article 21 and 35 of the Convention) | ||
| 6.23 | Adoption and informal foster-care are part of our historical social tradition in India. From ancient times the practice of Adoption of a child by childless Hindu couples has been carried out with rituals and ceremonies whereby the entire community is made aware of the irrevocable legal status of the child. Like in all patriarchal societies, the emphasis was on adoption of a male child to continue the family lineage and do the religious duties, but adoption of girls was also prevalent. However, adoption was parent-centered to fulfill the needs of the parent rather than child-centered. | |
| 6.24 | When India gained independence in 1947, it was decided that all matters pertaining to family life would continue to be governed by the personal laws of each religion. The customary practice among Hindus was codified and incorporated into the Hindu Maintenance and Adoption Act in 1956. All other who wished to take a child into their family could do so only on guardianship under the Guardian and Wards Act 1890. In 1967, 1972, 1978, 1980 attempts have been made to introduce a Uniform Adoption Bill in Parliament which would enable persons of all religious backgrounds to take a child in Adoption. | |
| 6.25 | The late '50s and the '60s saw the advent of inter-country adoption in India. With the presence of few adoptable children in the West and better communication through the international media bringing the needs of children in distress to their notice, individuals and organisations started coming in search of Indian children. The '70s saw an increased number of Indian children being taken abroad. In the wake of reports of malpractices the Supreme Court of Indian between the years 1984 and 1991 issued series of directions with regard to the detailed procedures to be followed on Inter-country adoption. The Ministry of Welfare has been emphasising the promotion of Inter-country adoptions so that as far as possible, the children can grow up in their own social, cultural and ethnic milieu. In-country adoptions are being resorted to only when all avenues for In-country adoptions have been exhausted. | |
| 6.26 | Inter-country adoption is regulated by the guidelines issued by the Ministry of Welfare in pursuance of the directions given by the Supreme Court. These guidelines lay down the conditions for recognition of voluntary organisations, role of Central and State Governments and the procedure to be followed. The Ministry of Welfare grants recognition to both Indian and foreign agencies which are engaged in sponsoring children for adoption abroad. There are at present 80 Indian voluntary agencies and 273 foreign agencies which have been recognised. During 1993, 1,382 children were adopted in the country and 1,134 were sponsored for Inter-country adoption. CARA, set up in 1990 under the Ministry of Welfare, is the nodal agency for all matters pertaining to adoptions and acts as a clearing house of information regarding adoption of children and also keeps an unobtrusive watch on the progress of the children adopted by foreign parents. | |
| 6.27 | There is a mechanism within the Non-Governmental sector to promote and facilitate Indian placements and adoptions. This was the starting and strengthening of Voluntary Coordinating Agencies (VCA) in States where Inter-country adoption is prevalent. A Voluntary Coordinating Agency is an association of Non-Governmental Organisations interested in the promotion of Indian Adoptions. The structure and functions vary from State to State. Besides service, on of the roles of the VCAs has been publicity and awareness generation for the concept of Adoption. These public awareness campaigns and a changing social situations with a more liberal society, a growing educated middle class population, and the availability of a service delivery system to process adoptions has made it possible for many more adoptable children to find families within the country. | |
| Anomalies and Inconsistencies in Adoption Laws | ||
| 6.28 | The need for an Uniform Adoption Law applicable to all persons irrespective of their religious backgrounds under which every child who is permanently placed with a family will have the irrevocable legal status of a natural born child, is acutely felt by all concerned. Although, there is an increasing number of parents desirous of taking a child in adoption in certain urban areas, there are still vast areas of the country where this awareness is yet to be created. | |
| Priority Areas for Action | ||
| 6.29 |
Some aspects receiving attention are as follows: - Sensitising public in general and decision makers in particular for a special Adotpion law applicable to all persons irrespective of their religious backgrounds under which every child who is permanently placed with the family will have the irrevocable legal status a natural born child. - Sensitisation of appropriate authorities to the damaging effects of the institutional care and the need of every child to be in a stable, long-term familial environment. - Advocating recognition of equal rights and responsibilities of both parents with regard to children. - Strengthening State level machinery to monitor placements in adoption or alternate care institutions. - Sensitisation of various authorities in order to prevent abandonment of children. |
|
| Street Children | ||
| 6.30 | The Convention does not have any specific article referring to the street children. However, life on the streets violates all the survival, protection and development rights of the child. Environmental degradation, migration, and displacement of families have led to exodus to cities and expansion of slum and pavement dwellings. Child care and development are seriously hampered in these families. Of these, women in the single-parent families and female headed households are worst affected as they have the main earning responsibility but they are generally ill-equipped for gainful employment. Their children very often spend most of their time on the street. A large number of street children suffer destitution, neglect, abuse and exploitation. They are subjected to harassment and eviction because of their unauthorised occupation of city roads and public and private property. | |
| 6.31 | It is estimated that 500,000 children live on the streets in seven cities: Bangalore, Bombay, Calcutta, Delhi, Hyderabad, Kanpur and Madras. The majority of these children are over eight years of age, have never attended school, and have parents who have low paid unskilled jobs. The majority of street children are boys, twice as many as girls. Most of the families of street children are migrants, with very poor socio-economic conditions. | |
| Legal, Policy and Programme Provisions for Street Children | ||
| 6.32 | The Juvenile Justice Act of 1986 which deals with socially maladjusted, delinquent or neglected children lays down that no child under any circumstances should be lodged in a jail or a police lock up. The provisions of this act also cover street children. The National Policy for Children states that children who are socially handicapped, who have become delinquent or have been forced to take to begging or are otherwise in distress, shall be provided facilities of education, training and rehabilitation and will be helped to become useful citizens. | |
| 6.33 | The National Plan of Action includes street children in the category of children in especially difficult circumstances. A scheme was launched with a view to support and strengthen voluntary organisations already engaged in the welfare and development of street children, to enable them to reach out to a large number of such children. Each grantee organisation implements one project for 300 children. | |
| 6.34 | The first aim of the Scheme is to provide integrated community-based non-institutional basic services for the care, protection and development of street children facing destitution, neglect, abuse and exploitation. The second aim is programme interventions for reduction of exploitation and abuse and withdrawal of children in hazardous work. The scheme has been focussing on the preventive and rehabilitative aspects. NGO forums have been established in 23 cities in India with about 60 organisations directly working with street children. A National NGO Forum for street children and working children has been formed in 1988 to promote collective action on certain issues. | |
|
VII. HEALTH, NUTRITION AND CHILD CARE |
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| Article 6 of the Convention asserts that the States should recognise that every child has the inherent right to life and asks them to ensure the survival and development of the child. Article 24 of the Convention on the Rights of the child states emphatically the child’s right to the enjoyment of the highest attainable standard of health. | ||
| HEALTH AND HEALTH SERVICES (Article 24) | ||
| 7.2 | Health indeed, is a basic need and a fundamental ingredient of human rights, it is a positive right which can be acquired only to the extent that the State is willing to guarantee. In the Indian context, health is a constitutional mandate. The Constitution of India in the Directive Principles of State Policy States that State shall regard the raising of the level of nutrition and standard of living of its people and the improvement of public health as among its primary duties (Article 39 (e) and (f), and Article 47). | |
| 7.3 | The National Policy for Children spells-out in clear terms the Constitutional provisions-"It shall be the policy of the State to provide adequate services to children, both before and after birth and through the period of growth, to ensure their full physical, mental and social development. The State shall progressively increase the scope of such services so that, within a reasonable time, all children in the country enjoy optimum conditions for their balanced growth." | |
| 7.4 | The task of providing health care to ensure holistic development of over 300 million children in (0-14 years) in India, where one-third of them live in conditions of abject poverty and neglect, is an enormous challenge. A child is exposed to many types of deprivations since the stage of conception. Wide disparity between the rich and the poor, between urban and the rural settings, gender discrimination, and illiteracy among parents are factors impinging on the child’s survival, growth and development. | |
| 7.5 | Planning of health constitutes a vital element in the overall strategy of socio-economic development of our country. The National Health Policy (1983) has given highest priority to launching special programs for the improvement of maternal and child health. As a result, care of mothers and children has been given precedence in the delivery system of health service. India is committed to attain the goal of Health for All by 2000 AD through universal provision of comprehensive primary health care services. Most of the targets set to achieve this goal are related to health of children and women. | |
| 7.6 | Accordingly, the National Plan of Action for Children has given priority to maternal and child health and the targets set are in consonance with those of Health for All. The major child health goal of the Plan is to reduce Infant Mortality Rate (IMR) to below 60 and child mortality rate to below 10 per thousand. The objectives set to achieve this goal include maintenance of cent per cent immunisation coverage, eradication of polio by 2000 AD, elimination of neonatal tetanus by 1995, prevention of 95 per cent deaths and 90 per cent cases of measles by 1995, prevention of 70 per cent deaths and 25 per cent cases of diarrhoea and prevention of 40 percent deaths due to acute respiratory infections (ARI) by 2000 AD. The major goal of the Plan related to maternal health is reduction of MMR by half between 1990 and 2000 AD. For this, special attention is being paid to health and nutrition of the female child and expectant and nursing mothers, along with expansion and strengthening of existing health programs in terms of material facilities, trained manpower, etc. | |
| 7.7 | The strategy for the implementation of the Family Welfare Programme during the Seventh Five Year Plan was based on the report of the working group on "Population Stabilisation and Maternal and Child Health Care". The programme is being carried out on a purely voluntary basis with emphasis on promoting spacing methods, securing maximum community participation and promoting maternal and child health care. India was the first country in the world to officially adopt a National Policy for Promotion of Family Planning. About 51.6 per cent eligible couples are protected by family planning measures. In spite of these measures, considerable ground remains to be covered. | |
| Health Service | ||
| 7.8 | The Maternal and Child Health (MCH) Programme has been an integrated part of the primary health care services. Under the program, efforts are being made to promote early registration of pregnant women with a view to ensure at least three ante-natal check-ups, immunisation, and intake of iron and folic acid tablets. The specific programs of the Ministry of Health and Family Welfare geared towards maternal and child health are Universal Immunisation Program, Oral Rehydration Therapy, and Prophylactic Schemes Against Nutritional Anaemia among pregnant women and against blindness due to Vitamin A Deficiency. As the National Health Policy seeks to achieve 100 percent deliveries by trained personnel, traditional Birth Attendants are being trained and clean delivery is being promoted at all level. Besides this, proper spacing between children is being promoted as a health measure for both mothers and their children. | |
| 7.9 | The ongoing MCH programme of the country has been strengthened by launching Child Survival and Safe Motherhood Programme in 1992-93. The programme is being implemented in phases so as to cover all districts in the country by 1996-97. The programme is directed towards strengthening immunisation, oral rehydration therapy , prophylactic programs and improving maternal and neonatal care at the community level. The additional interventions under implementation are expansion of the Programme for Control of Acute Respiratory Infections for children below five years of age and setting up a network of First Referral Units for improving emergency obstetric care. | |
| 7.10 | Neonatal tetanus remains a problem in states which have a high proportion of deliveries conducted by untrained personnel. To resolve the problem, immunisation of pregnant women is being stepped up and an intensive programme of training/retraining of all traditional birth attendants has been started since 1994. The goal of elimination of neonatal tetanus (NNT) by 1995 was near achievement in 11 States and UTs. Remarkable progress on efforts to eradicated poliomyelitis has been noted in the year 1995-96 with nation-wide immunisation days on 9th December, 1995 and 20th January, 1996 with over 88 million children under 3 years given Oral Polio Vaccine (OPV) twice. Mass communication with two doses of oral polio vaccine per year would be continued for the next three to four years with a view to eradicating poliomyelitis. In the case of measles, compared to the incidence in 1987, 80 per cent decline has been achieved in 1995. To maximise the reach of health services, there has been increase in the number of PHCs and sub-centers. At present 1,31,471 Sub-Centers, 21, 040 PHCs and 2, 297 Community Health Centers provide the health services to the target population. | |
| 7.11 | The development of health facilities and use of integrated approach of packaging maternal and child health care with nutrition, education, water and sanitation, etc. has paid dividends. The impact of these interventions is becoming perceptible in the declining trends of disease incidence and mortality rates. There has been significant drop in the Infant Mortality Rate, from a level of 119 deaths per 1000 live births in 1981 to 74 in 1994. The age-specific child mortality rate has also declined for all age groups. The decline being substantial in the age group 1-4 years and 5-14 years. In the age group 0-4 years, the decline was from 41.2 in 1981 to 23.7 in 1993, whereas in the age group 5-14 years the mortality rate declined from 2.9 in 1981 to 2.1 in 1991. However, the Maternal Mortality Rate (MMR) is still high, mainly due to anaemia, haemorrhage, toxaemia of pregnancy and septic abortions. The improvement in the survival of children can also be attributed to successful coverage of all the districts for immunisation in three antigens-DPT, OPV and BCG; 88 per cent in measles and 82 per cent in TT for expectant mothers. There was a reduction in deaths due to diarrhoea of newborn babies from 9.5 per cent in 1983 to 9.0 per cent in 1990. | |
| 7.12 | The Government has initiated the special health check up scheme for the primary school students from 22-27 July, 1996 in the country. The school health programme essentially aims at screening of all primary school children for common ailments, referral of children with problems to health institutions for full check up and treatment and creating awareness among the community and teachers to the health problems among children. | |
| Priorities for Action in Health | ||
| 7.13 |
Following
priorities requiring special attention have been identified: i. Building a gender focus into every health intervention ii. Strengthening focus on prevention and promotion in interventions iii. Facilitating community involvement particularly through Panchayati Raj institutions, in water, sanitation and health care projects to ensure community control of health. iv. Building up a pool of knowledge through educational interventions and empowering communities to take affirmative action for children’s health. v. Capacity building for practitioners of indigenous system of medicine, community based health workers and para - medical workers. vi. Ensuring a community focus in training of medical personnel. vii. Building relevant database for planning policy formulations and monitoring of health services. |
|
|
OTHER
ISSUES RELATED TO SURVIVAL AND DEVELOPMENT (Article 6, Para.2) |
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| Water and Sanitation | ||
| 7.14 | Article 24. of CRC recognises the child’s right to clean drinking water and environmental sanitation. Health status of children has a direct link with the availability of safe drinking water and sanitation. Apart from direct benefits in terms of protection from infection, these facilities also free women and children from the burden of carrying water over long distances. | |
| 7.15 | With increasing inputs in successive Five Year Plans, India has been able to provide access to safe drinking water to 74 per cent of families in rural and 85 per cent of families in the urban areas. However, there are still a large number of problem villages where there is no source of safe drinking water or which are facing shortage of water. | |
| 7.16 | Since 1974-75, Water Supply and Sanitation is one of the components of the Minimum Needs Program. Prior to this, the National Water Supply and Sanitation Programme was introduced in social welfare sector in 1954. The States gradually built up the Public Health Engineering Department to attend to the problems of water supply and sanitation. Between 1972-74, and again in 1977-78 Accelerated Rural Water Supply Programme (ARWSP) was introduced to assist the States/UTs to implement water related schemes in hard-core problem villages, i.e. villages which were not easily accessible. | |
| 7.17 | In the Year 1977, the United Nations Water Conference separated the issue of drinking water and sanitation from other water issues to stress the seriousness and magnitude of the problem of drinking water. India was a signatory to the resolution seeking to achieve the targets by 1991. Accordingly, the water decade programme was launched on 1st April, 1981 to achieve the target of coverage of the entire population. Since 1986, the National Drinking Water Mission is functioning with the objective of securing implementation of water programmes and their integration with other rural development programs. The mission has been renamed as Rajiv Gandhi National Drinking Water Mission (RGNDWM). The Government of India gives highest priority to rural water sector through the activities of the Mission and ARWSP. The norms adopted by RGNDWM for providing safe drinking water to rural population are 40 litres of drinking water per capita per day, for human beings, 30 lpcd additional water for cattle in desert districts (under Desert Development Program), one hand-pump or stand-post for every 250 persons and existence of water sources within 1.6 km in the plains and within 100 m elevation difference in hilly areas. | |
| Sanitation | ||
| 7.18 | Sanitation connotes a comprehensive concept which includes liquid and solid waste disposal, food hygiene, and personal, domestic as well as environmental hygiene. Sanitation programs were introduced in the health sector as early as 1954. With the launching of Decade programme in 1981, it was envisaged that by 1991, 25 per cent of rural population would be provided sanitation facilities. However, by the end of March 1995, only 19.2% of rural population could be provided with sanitary latrines. In 1986, the Ministry of Rural Development , the nodal department for coordinating the programme for sanitary latrines, launched a programme to construct one million sanitary latrines in houses for SC/ST population under Indira Awaas Yojana (IAY) Housing Scheme and 2,50,000 additional latrines in health sub-centres, schools, panchayat-ghars, anganwadis, etc under NREP and RLEGP. Since 1986, under the Central Rural Sanitation Programme (CRSP) efforts are also being made to provide sanitary latrines to SC/ST families, people below poverty line and the general public. | |
| 7.19 | In the urban areas, the needs of availability of safe drinking water and adequate sanitation facilities are being taken care of by the Ministry of Urban Development. Since 1989-90, the Scheme of Low Cost Sanitation for Liberation of Scavengers is being implement through the Housing and Urban Development Corporation (HUDCO). During 1993-94, new schemes were introduced for conversion of dry latrines and construction of new sanitary units to liberate scavengers. The other new programmes are the Scheme for Accelerated Urban Water Supply Programme and Solid Waste Management Programme. The Ministry of Urban Development also give priority to children from low income urban families for their survival, protection and development. Since 1990-91, the Scheme of Urban Basic Services for the poor (UBSP) is being implemented in collaboration with the scheme of Environmental Improvement of Urban Slums and Nehru Rozgar Yojana to improve the quality of life of urban poor. Under the scheme, supply of drinking water and environmental sanitation is one of the important components. | |
| 7.20 | Voluntary agencies like Sulabh International are playing a major in supplementing government efforts. Sulabh has converted more than 6, 00, 000 dry toilets into scavenger free, ecology friendly and stinkless pour flush toilets in 625 towns in 17 States (1992). They also provide expertise in low cost technologies. Several recent initiatives in provision of drinking water and sanitation have focussed on increasing involvement of communities, particularly women, in planning, managing and maintaining services. Village water committees have been set up in several areas and have made a significant impact on overall health indicators. | |
| Nutrition | ||
| 7.21 | Nutrition finds a prominent place, in Article 24 and Article 27 of CRC. In India where 32.7 percent people in the rural areas and 19.4 per cent in the urban (1987-88) fall below the poverty line, malnutrition which is a by-product of poverty and unemployment, continues to be a major problem. A staggering 250 million Indians suffer from varying degrees of malnutrition. It is more acute among infants, pre-school going children and expectant and nursing mothers of poor socio-economic groups. For example, an estimated 30 per cent of all infants born in India are Low Birth Weight (LBW) babies. A study in rural areas of a few States reports that 37 per cent of children suffer from mild malnutrition, 43 per cent are moderately affected and 8.7 per cent suffer from extreme forms of malnutrition. | |
| 7.22 | Roughly 56 per cent of pre-school children and almost 50 per cent of expectant mothers in the third trimester of pregnancy suffer from iron deficiency anaemia. All the States of India show prevalence of iodine deficiency. About 200 million people in the country are at risk of iodine deficiency disorders. The prevalence of blindness due to Vitamin A deficiency in the country is about 0.04%. Field experiences highlight continuing gender disparity in intra-familial distribution of food. Children continue to be vulnerable to seasonal food shortages which result in periodic and recurrent. malnutrition. Each episode leaves the child more vulnerable, and less able to recoup. | |
| 7.23 | Progress of Nations report, 1995 estimates the percentage of child malnutrition among under-five children on the basis of economic and nutritional data. At the present GNP levels India presents a level of malnutrition (63%) which is more than twice the expected level of 31 percent. The report suggests that the current levels of malnutrition in India could be halved without chaning the economic situation. The Government of India, through various nutrition interventions has been able to reduce the extent and magnitude of malnutrition among children and women arising mainly due to socio-economic deprivation. The number of normal children has increased from 5.9% (1975-79) to 9.9% (1988-90) as per NIN reported titled ‘National Trends in India 1993’. | |
| Nutrition Programmes | ||
| 7.24 | Various programmes have been launched by the government to combat the existing levels of malnutrition and also to prevent malnutrition vulnerable groups. Malnutrition has a direct relation with extent of infectious diseases. Studies all over the world have shown that an integrated approach involving household food security, dietary improvement, improved infant care practices, infection control, health education, birth spacing, timing and control leads to better results improving nutritional status of children. | |
| 7.25 | The most extensive nutrition programme is the Integrated Child Development Services (ICDS) launched in 1975. It has been universalised to become the largest nutrition programme in the world. The programme provides a package of services comprising supplementary nutrition, immunisation, pre-school education for children below six years of age, health check up and referral, immunisation for pregnant women, nutrition and health education for all women in the reproductive age group. Simultaneously maternal and child health services in the rural areas have been strengthened. | |
| 7.26 | A number of evaluation studies have indicated faster decline in infant and child mortality in ICDS project areas. Various initiatives have been taken up to strengthen the delivery system of ICDS with a view to improve the outreach of the programme as well as quality of services provided to children and mothers. | |
| 7.27 | The programmes of the Food and Nutrition Board (FNB) of the Department of Women and Child Development are also directed towards improving the nutrition of the people through a combination of measures such as Nutrition Education and Extension; Development and Promotion of Nutritious Foods; and Fortification of Foods. The nutrition education activities include nutrition demonstration programmes; training in home-scale preservation of fruits and vegetables; orientation in integrated nutrition education; monitoring supplementary feeding at anganwadis; networking with NGOs for nutrition education and mass media communication; celebration of National Nutrition Week, World Food Day and World Breastfeeding Week. | |
| 7.28 | The other nutrition intervention programmes of the Department of Women and Child Development are Special Nutrition Programme, Balwadi Nutrition Programme, Wheat Based Supplementary Nutrition Programme, Tamil Nadu Integrated Nutrition Programme and Mid Day Meal Programme for School Children. The intervention programmes of the Department of Family Welfare for combating specific nuturition deficiency diseases are, National lodine Deficiency Disorders Control Programme, Anaemia Prevention and Control Among Pregnant Women and Prevention and Control of Vitamin A Deficiency Among Children. A new pilot programme for control of micro-nutrition has also been started in 1995. This covers the important micro-nutrients, namely iron and Vitamin A in the entire population of the project districts. | |
| 7.29 | The Government of India has also adopted the National Nutrition Policy in 1993 to tackle the problem of malnutrition, both through direct nutrition intervention for specially vulnerable groups as well as through various conditions for improved nutrition. The nutrition goals in the policy are in consonance with the nutrition goals and objectives of the National Plan of Action. | |
| 7.30 | To implement the National Nutrition Policy, a task force for developing a model for national nutrition surveillance system has been set up. The Inter-Ministerial Coordination Committee set up in the Department of Women and Child Development is currently engaged in reviewing the nutritional considerations in the related sectors in line with the objectives of the National Nutrition Policy. The Department has also set up a Data Bank on Nutrition to act as a storehouse of all vital information on nutrition available in different sectors. The National Plan of Action of Nutrition which has been adopted by India as a follow up of the national policy and the International Conference on Nutrition. A National Nutrition Council presided over the Prime Minister has been constituted to oversee the effective implementation of the National Nutrition Policy. | |
| 7.31 | Non-Governmental Organisations (NGOs) have also tried to ameliorate the existing situation, either by launching programmes on their own or supplementing the government’s efforts. NGO interventions have, by and large, been able to rely on stronger community support and integrated methodologies. Working with communities in a holistic manner, NGO projects have often been able to go beyond simple food supplementation and look into health, sanitation, safe water, child and mother care needs. Long term and sustainable improvements in nutritional status have been achieved through educating mothers on appropriate nutrition while simultaneously facilitating community involvement in preventive health care. | |
| 7.32 | Exclusive breast-feeding for children up to the age of 4-6 months is being actively promoted under the Child Survival and Safe Motherhood Programme. The messages regarding exclusive breast-feeding and appropriate weaning practices have been incorporated in the training programmes of medical officers and pare-medical workers. Recognising that large hospitals are trend setters in medical practices, the "Baby Friendly Hospital Initiative" has been launched in the country to popularise the concept of exclusive breast-feeding. Under this programme, large hospitals following the 10 steps to successful breast-feeding are certified as Baby Friendly Hospitals. For the purpose of implementing the initiative, National and State level task forces have been established. Of the estimated 1000 large hospitals, 794 hospitals spread all over the country have been certified "Baby Friendly". | |
| Integrated Strategy and Holistic Approach | ||
| 7.33 | Enhancing economic and food security of families and communities, changing traditional biases in distribution, education and other empowering approaches have important roles to play in controlling malnutrition. The Convention on the Rights of the Child provides a new agenda for involving professionals from the legal, educational and political spheres to join forces and develop a national framework of entitlement, rights, responsibility and accountability in attacking malnutrition in the country. | |
| 7.34 | Nutritional well-being can be achieved through delivery of services, capacity-building and empowerment ensuring the three necessary conditions of food, health and care. Nutritional security not only means that an individual has an acceptable nutritional status today, but also that his or her nutritional well being is secured in the future. This requires a safe minimum resources base backed up by entitlement. State obligations are being seen in this context of fulfillment of individual needs and to take adequate steps for holistic approach. | |
| 7.35 | The family and the community have a direct responsibility for nutrition. The Government, however, is attempting to take adequate steps to ensure access to proper nutrition through revamping the public distribution system and supply of basic food grain requirement to the poor at one half of the normal issue price. | |
| 7.36 | There is ample evidence to show that food is only one of the necessary conditions for adequate nutrition, which has to be linked with adequate care for women and children, adequate access to healthy environment. Services providing nutrition are now increasingly emphasising on an integrated approach focussed on ensuring that all these conditions are met through effective coordination and convergence of services at the grassroots. | |
| Priority Areas for Action in Nutrition | ||
| 7.37 |
In
order to improve nutritional status of children and achieve goals stated in NPA, following
priorities have been identified for action-
|
|
| CHILD CARE SERVICES AND FACILITIES (Article S 26 and 18) | ||
| 7.38 | The core principle of the CRC is that every child has the right to thrive, not merely to survive. Early childhood constitutes a vulnerable period in life because infants and young children cannot survive without the active assistance of adult caretakers. Infants are more vulnerable to developmental retardation, if not permanent damage, from neglect and deprivation. The State has or must have a responsibility for the survival and development of every child born. One may say that the situation of infants in a nation is a good indicator of the extent to which the rights of the child are honoured. | |
| 7.39 | Early childhood intervention programmes are an attempt to enhance the course of their development. The provision of child care and development services ensures a safe setting and stimulating one in which infants can spend a large part of the day. Supplementary nutrition, health check-up and immunisation are also provided. Crèche/daycare is expected to provide an environment, which is livelier and better than what the child would get if left alone at home or with immature siblings or aged grand parents. | |
| Provision of Day Care-Legal Status | ||
| 7.40 | Article 45 of the Indian Constitution articulates the need to provide for the health, welfare, education and development of all children. Day care for children did not receive an official reference until the New Education Policy (NEP) in 1986, where the rationale for it was envisaged. The services would also support service for working mothers and free the school age girls from child care, so that they could attend school. Two important reports, Shram Shakti (1988)(National Commission on Self-employed Women & Women in the Informal Sector) and the Ramamurthy Commission report, Towards and Enlightened and Humane Society (1990), contain programmes of action in this regard. Finally, the Programme of Action of the National Education Policy (NEP) 1992 also spells out what needs to be done. | |
| Laws and Day Care | ||
| 7.41 | Laws for the provision of crèches have been enacted. They are, however, only for the organised sector, factories, mines and plantations. Few women workers fall under this definition especially since a minimum number of women in the concerned establishment has been stipulated. The Contract Labour Act (1970), the Inter State Migrant Workers Act (1980) and the Bidi and Cigarette Workers Act (1996) have legislative provision for crèches on the same model as in the organised sector. | |
| Programmes and Services | ||
| 7.42 | The Government has been concerned about providing child care services and facilities, so as to prevent child abuse and neglect. The various programmes/ schemes that cater to this need are Scheme of Crèches/Day Care Centres for Children of Working and Ailing Mothers; Balwadi Nutrition Programme and Scheme of Construction/ Expansion of Hostel Building of Working Women with a Day Care Centre. | |
| 7.43 | In 1975, the Department of Women and Child Development started the scheme of Creche Day Care Centres for Children of Working and Ailing Mothers to provide daycare services for children (upto 5 years of age) of mainly casual, migrant, agricultural and construction labourers, whose total monthly income does to exceed Rs. 1, 800 per month. The children of these women who are sick or incapacitated due to sickness or suffering from communicable diseases are also covered under the scheme. The services include supplementary nutrition, health check-up immunisation etc. The programme is implemented by the Central Social Welfare Board and two other national level voluntary organisations. During the year 1995-96, 12, 470 creche units provided services to about 30, 00, 000 children. | |
| 7.44 | To meet the ever increasing demand for new creches, a National Creche Fund (NCF) has been set up in 1993-94 by the Department of Women and Child Development with a corpus amount of Rs.199 Million. This fund is being utilised to set up new creches as well as for conversion of some of the existing anganwadis into anganwadi-cum-creches . So far 1243 creches have been sanctioned under the NCF. A National Children’s Fund was created in 1979, the International Year of the Child, under the Charitable Endowment Act 1890, to provide financial assistance to voluntary organisations at the National/ State/District levels for implementing programmes for the welfare of children including rehabilitation of destitute children. In 1995-96, 22 projects were sanctioned under the National Children’s Fund | |
| 7.45 | Since 1970-71, the Balwadi Nutrition programme is being implemented through the Central Social Welfare Board and four national level voluntary organisations. The basic aim of this programme is to provide supplementary nutrition to children in the age group 3-5 years attending balwadis/day care centres. The balwadis also look after the social and emotional development of these children. At present, about 5, 641 balwadis are being run in the country looking after the needs of 225, 000 children. | |
| 7.46 | In order to promote greater mobility for working in the employment market, the Department of Women & Child Development started the scheme of Construction/ Expansion of Hostel Building for Working Women with a Day Care Centre in 1973. Under the scheme, single working women who are unmarried/widow/ divorce/ separated and married working women whose husbands are out of town, are provided accommodation for five years. Working women with children upto eight years of age are eligible to live in a separate hostel, where day care facilities are provided for children. So far, these facilities have been provided to 5, 907 children in 229 hostels. | |
| 7.47 | A people’s response to the inadequacy of child care services in 1989 was the formation of a Forum for Crèche and Child Care Services (FORCES) in India. The forum is an advocacy group and a network of 50 organisations committed to the care of pre school children. The demand was primarily for a net work of creches and child care services for working women of the rural and urban poor. The more specific demands were the inclusion of child care under the Minimum Needs Programme, the setting up of a Central Fund for preparatory work and to meet annual expenditure for child care services. The strict implementation of laws regarding the provision of child care and an inter-ministerial group to chart out new programmes were also demand. | |
| Gaps in Child Care Services | ||
| 7.48 | Young children are seen as the mother’s personal and private responsibility. This has been referred to as the three myths that have contributed to the neglect of the young child of the poorest section. The child’s membership in a joint family and the availability of concerned adults to address themselves to the needs of the young child is not supported by fact. The second myty is that mothers in India are not working women’, but are full time housewives. This may be true only of small sections of the population. A large number of women are employed in the formal or informal sectors. The third myty is that child care can be handled by anybody, and that it does not require any specific training. Awareness campaigns to counter these myths have been taken up. | |
| 7.49 | The Maternity Benefits Act (1961) applies only to women in establishments. It entitles women to leave from work for three months altogether. This may need modification to a longer period after childbirth. However, in the unorganised sector, it is the State which must ensure maternity benefits, making it incumbent upon employers to share the financial burden. | |
| 7.50 | While the National Code for Protection and Promotion of Breast feeding (1990) and the Regulation of Breastmilk Substitutes (1992), appear to support the right of infants to receive mother’s milk, there is no support for the right of the women to breasfeed. The failure to perceive women as both mothers and workers has been harmful to many women who have lost their jobs to ensure the well being of their infants. | |
| Priority Areas for Action in Child Care | ||
| 7.51 |
Some
of the concrete steps that have been initiated towards strengthening child care are;
|
|
| THE DISABLED CHILD (Article 23) | ||
| 7.52 | Article 23 recognises the special needs of the disabled child to enjoins on the state the responsibility of ensuring the child’s fullest possible integration and development. Article 2 also specifies the inclusion of the disabled child in every other category, with respect to each of the rights enshrined in the Convention. | |
| 7.53 | The Convention on the Rights of the Child makes specific mention of disabled children in India though constituting a distinct group have been largely marginalised to the periphery of society and public life. The disabled child has specific needs and requires special interventions, which continue through life. In this respect, disabled children are distinct from other groups of children with special needs. | |
| The Present Situation | ||
| 7.54 | It is estimated that 10 per cent of the population worldwide is disabled. The extrapolation that 35 million Indian children are disabled is considered conservative by many. Most Indian children are disabled because of poverty and its correlates. Protein malnutrition, lodine deficiency and Vitamin A deficiency are the major causes of mental retardation and blindness. Based on the type of disability, it is estimated that of the orthopaedically handicapped, locomotion disability is the most prevalent in the 0-14 age group with at least 2.4% incidence, the most significant causes being poliomyelitis, cereberal palsy, paralysis, arthritis and amputations; 5-7% children suffer from signs of Vitamin-A deficiency with an estimated 60, 000 children becoming blind each year; an estimated 6.6 million children are mentally retarded and 2.2 million affected with cretinism resulting from iodine deficiency. Developmental delays and mental handicaps are the most under reported of all disabilities. The National Sample Survey of 1991 estimated that in the 0-14 age group, the incidence of hearing handicap is 1.4%. Of the 4 million leprosy affected persons one fifth are estimated to be children and about 15 to 20% cases are with deformities. The available statistics on the incidence of various disabilities are limited and believed to understate the scale of the problem due to tendencies of families failing to recognise or acknowledge disabilities especially communication and mental disabilities. Lack of early detection and treatment leads, in most cases, to major and stressful secondary handicaps of physical function, intellectual handicap and social and emotional behavioural problems. The vast majority of disabled children lead lives singularly lacking in stimulation; they no difference between childhood, maturity or old age. | |
| 7.55 | This situation is further exacerbated by the lack of basic services. The few services that exist are mostly in cities and accessed mainly by the middle and upper classes. Rehabilitation strategies focus largely on literacy and academic goals. The few assertive devices produced are suited to the aspirations of financially well of urban Indians; mass produced mobility aids are suitable only for urban terrain, and the focus of the aids resource allocation for the visually handicapped is on braille devices for literacy and academic achievement. An estimated 98 per cent of rural and 95 per cent of urban disabled children have no access to services. | |
| Early Detection and Rehabilitation | ||
| 7.56 | Rehabilitation Services in the country are predominantly focussed on children with disability at the primary school level. Early detection is a low priority in spite of the fact that it yields higher returns for investments in intervention. The present failure in early detection and stimulation is leading to preventable and traumatic secondary handicaps. Detection of hearing loss is considerably delayed with EMNT departments reporting hearing impairment in children at an average age of 5-7 years, Considerable hearing is regained if a hearing aid is used with a child below 6 months, making educational and social integration, normal language and speech development possible. There is hardly any work at the macro or micro level in early stimulation- s simple and essential preventive strategy which improves the depressed learning ability of malnourished children, and controls a significant percentage of mild mental handicap being exacerbated by lack of parental interaction. | |
| Policies and Programmes | ||
| 7.57 | There are several institutes in India run by government and voluntary agencies for the handicapped children, Two hundred agencies for the bline, 150 for the deaf, 150 for the orthopaedically handicapped and 150 for the mentally retarded children cater to the needs of a large number of disabled children, In addition 200 associations are engaged in the welfare and rehabilitation of such disabled. | |
| 7.58 | In 1991 alone, through 23 special employment exchanges for the handicapped persons and 55 special cells in normal employment exchange, 307 blind deaf and 3,997 orthopaedically handicapped were given placements. | |
| 7.59 | The current emphasis, particularly in the context of the child with disability, is on preventive, promotive strategies coupled with Community Based Rehabilitation (CBR). This has gradually become accepted as the community, institutional and techno-managerial approach to rehabilitation . This is resource intensive and, thus, has limited accessibility and coverage. CBR will not be able to fulfill the requirements of the majority of the disabled as it essentially aims to contain the damage after the event of disability. While the Government of India has accepted the relevance of a CBR approach in the India context, the majority of services for the disabled remain concentrated in special institutions and "centres of excellence" which are mostly in the urban areas. | |
| 7.60 | The enactment of the "persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is the single most important and recent legislation that provides for comprehensive coordinated community based services for children with disabilities. Some voluntary organisations have made a beginning by educating parents, grass-root level workers and the community by generating awareness on prevention, early identification and referral services for treatment of such disabilities. Some rural development organizations in South India have facilitated the formation of village level organizaions fo the disabled people in those villages. Disabled people have mobilized to take action on their own behalf and to use existing structures to secure services and benefits. The experience of collective strength has been greatly empowering for Sangham members who have earned a new respect from their communities. | |
| Aids and Appliances | ||
| 7.61 | The Rehabilitation Council of India and the National Council for the Handicapped are mainly concerned with provision of aids and appliances such as wheelchairs and callipers manufactured and distributed by the State. These are often the only option available to the rural poor and are mainly designed for use in urban areas with levelled and paved roads. They also require regular maintenance which is available only in institutions or urban centres. The Science and Technology Mission on "Application of Technology for the Welfare and Rehabilitation of the Handicapped" exists to encourage research and development of suitable aids for the disabled. For example, Simple safety devices for agricultural equipment are being developed by governmental organisations for manufacture. | |
| 7.62 | There is need for greater awareness at the macro level of the gap between provision of rehabilitation infrastructure, trained personnel and the needs of the disabled child in India. The is an urgent need for suitable training of the vast number of field-level workers in Government so that they are suitably equipped to answer the needs of different communities in vastly varying environments, living mostly in rural and urban slum areas that have the least access to services. | |
| 7.63 | A multi- centre study of the District Rehabilitation Centres Scheme administered by the ministry of Welfare regarding the impact of disability prevention training of Auxiliary Nurse Midwives, and other micro-level trainers was carried out in 1989. The study shows that an urban, medico-technology- intensive bias influences training courses. A disturbing recent trend is the strongly commercial motivation developing in many rehabilitation professionals. It is estimated that many physio and occupational therapists are migrating to other centres. NGOs working for the disabled in urban areas report very high turnover rates in the service. | |
| 7.64 | High priority would need to be given to disability in financial allocation. Though Rs. 2115 million have been allocated for all programmes on disability in the 8th Five year Plan this remains inadequate for a population estimated as 10 per cent of the total. The 1986 Education Policy recommends the establishment of special schools for very severely disabled children. The Action Plan suggests one such "Sarvodaya Vidyalaya" for each district i.e. 400 special schools during the 8th Five Year Plan to cover about 15,000 severely disabled children. | |
| 7.65 | The Ministry of Welfare, Government of India, implements a scheme which provides financial assistance to voluntary organisations engaged in rehabilitation of the disabled persons who are orthopaedically handicapped, hearing handicapped, mentally handicapped, visually handicapped, and also for leprosy cured persons having handicaps. Grant-in-aid under the scheme is restricted to 90 per cent of the estimated recurring and non-recurring expenditure and Rs. 0.5 million on construction of buildings. During 1992-93 a sum of Rs. 960 million was released to 302 voluntary organisations and Rs.770 million was earmarked for 1993-94. | |
| 7.66 | Four premier National Institutes for visual, orthopaedic, mental and hearing handicaps offer services of training, research and rehabilitation, documentation and information in their respective areas. | |
| VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES | ||
| Article 28-1(a) of the Convention states that primary education be made compulsory, available and free for all while Article 29 sets out the aims of education. | ||
| EDUCATIONAL POLICIES AND PROGRAMMES | ||
| 8.2 | More than four decades ago, the Constitution of India made an even bigger commitment. Its Article 45 states "The State shall endeavour to provide, within a period of 10 years from the commencement of the Constitution, free and compulsory education for all children until they complete the age of fourteen years". | |
| 8.3 |
The
National Policy of Education (NPE), 1986 and Programme of Action (POA), 1992 have
perceived education as fundamental to all round development of children and stipulates
free and compulsory education of satisfactory quality to all children upto 14 years of age
before the turn of the century. NPE also emphasises universal enrolment of children and
restates the target as follows: " It shall be ensured that all children who attain the age of about 11 years by 1990 will have had 5 years of schooling or its equivalent through the non-formal stream. Likewise, by 1995 all children will be provided free and compulsory education upto 14 years of age". |
|
| 8.4 | The policy aims to fulfill the objective of "Education for All" by providing early childhood care and education, universalising elementary education though formal and non-formal methods, reducing wastage and involving local community in the management of elementary education. It also gives crucial importance to teacher’s performance. Early Childhood Care and Education (ECCE) has been accorded a high priority in NPE. It views ECCE as an important programme in its own right, as it promotes all round development of children in the age group 0-6 years and prepares them for school. ECCE also gives equal importance to children belonging to underpriviledged groups. The major vehicle of ECCE is the ICDS programme. | |
| 8.5 | The Department of Women and Child Development is implementing Early Childhood Education (ECE) Programme since 1987-88. The ECE programme seeks to improve the children’s communication and cognitive skills as a preparation for entry into primary school. The programme is implemented in the country in the nine educationally backwards States i.e. Andhra Pradesh, Assam, Bihar, Jammu and Kashmir, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh and West Bengal. Till March 1996, 180 NGOs were being assisted to run 4,365 ECE centres. | |
| 8.6 | The Ministry of Welfare provides financial assistance to the children of Scheduled Castes and Scheduled Tribes under its Pre-Matric Scholarship and Post-Matric Scholarship Schemes. The Ministry has also established Book Banks for the benefit of children belonging to such underprivileged sections of the society. Under its scheme of Upgradation of Merit of Scheduled Castes and Scheduled Tribes students, the Ministry provides remedial and special coaching in specified areas to these sections with a view to removing their social and educational deficiencies and facilitating their admission to professional courses, such as medical and engineering courses where entry is based on competitive examinations. Central assistance is also provided to State Governments and Union Territories for construction of hostel buildings for boys and girls belonging to scheduled castes and scheduled tribes. In addition, under its specific schemes the Ministry assists in establishment of schools in Tribal areas with special attention being given to improve the literacy rates among the tribal girls in low literacy pockets. | |
| 8.7 | The Department of Education has introduced various programmes to achieve the goal of universalisation of elementary education. The programmes in operation are Operation Blackboard, Minimum Levels of Learning, Scheme of Operationalising Microplanning and Scheme of Non-formal Education. These programmes aim at brining about substantial improvement in the facilities and quality of education in primary schools, along with improvement in the existing level of learning achievement of children. Under the scheme of operation blackboard, 91 per cent of the primary schools had been covered till 1992-93. Under Minimum levels of learning, about 15 NGOs have been identified and sanctioned projects to implement the programme covering 2,000 primary schools. A major initiative of the Education Department has been the District Primary Education Programme (DPEP) which lays emphasis on micro-planning, involvement of communities and gender focus. Initiated in 42 districts and seven states DPEP is being expanded to cover all the major states and will be in operation in 110 districts by 1997. | |
| 8.8 | The role of Non-Formal Education (NFE) for children in the age group 6-14 years has been recognised since 1964-66. NFE has been envisaged as an alternative strategy to formal education to provide complementary role in achieving the goal of universalisation of elementary education. The scheme of Non-Formal Education was launched in 1979-80 and is being implemented in 18 States/UTs with an aim to provide for education comparable with formal schooling for children in the age group 6-14 years. The scheme is particularly focussed on school dropouts, working children, children in habitations without schools and girls who cannot attend formal schools on account of domestic chores. During the year 1994-95. 6.5 million children in 261,000 centers were enrolled under this programme. | |
| 8.9 | The major goal of education in the National Plan of Action for Children further strengthens the commitment made in the constitutional provisions and goals of the National Policy of Education. It gives priority to universal enrolment, retention and attainment of minimum levels of learning; reduction of disparities; universalisation of effective access to schooling and expansion of early childhood development activities, and universalisation of elementary education with focus on girl child and disadvantaged groups. | |
| 8.10 | To implement of National Plan of Action effectively, due emphasis is being given to community mobilisation and use of media to sensitise the community to the need for education and empower them to ensure accountability of the schools system for their children. | |
| 8.11 | All these effort have resulted in desirable changes in the education indicators. The literacy rate has steadily increased form 18.3 per cent in 1951 (for 5 years and above) to 52.2 per cent in 1991 (for 7 years and above). The sex differentials in literacy rate however, have remained very pronounced, while the male literacy rate in 1991 was 64.2 per cent, the female literacy rate was 39.2 percent. There has been a substantial increase in enrolment at all levels. Enrolment in classes I-V has increased from 97.4 million in 1990-91 to 108.0 million in 1993-94, and that in class VI-VIII from 34.0 million in 1990-91 to 39.9 million in 1993-94. Till June 1991, 10.4 million children in the age group 3-6 years had been receiving pre-school education in anganwadis under ICDS projects. | |
| 8.12 | There has been some improvement in the drop out rates, but the problem still persists. The measures being adopted for reducing drop-out rates include making the curriculum and teaching process more interesting, and improving the schools in term of physical facilities and teacher’s performance. Mid-day meal schemes also seem to have positively influenced drop out rates in some states. As a result, the drop out rate at primary level has come down from 58.70 in 1980-81 to 36.32 in 1993-94, and that in classes I-VIIII to 52.80 (1993-94) from 72.70 (1980-81). | |
| Gaps in Educational Provisions | ||
| 8.13 | The Annual Report (1993-94) of the Department of Education states; "Despite expansion of education, vast ground is yet to be covered for fulfilling the constitutional mandate of Universalisation of Elementary Education. Drop out rates are significant; retention of children in schools is low; wastage is considerable. There are striking disparities in access to Elementary Education, disparities between region, rural and urban areas, boys and girls, the affluent and the deprived and the minorities and the others. The clientele to services in the age group of 6-14 is of the order of 152 million as on 1st March 1991 constituting about 18 per cent of the total population. Of this 51 per cent were boys and 49 per cent were girls". | |
| 8.14 | India elementary education has become one of the largest education systems in the world. Growth in enrolment during the last decade has brought enrolment rates close to 100% at primary stage. In the endeavours to increase enrolment and achieve the target of UEE, all State Governments have abolished tuition fees in the government, local body and aided schools up to the upper primary level. Girls’ enrolment has grown at the primary stage from 5.4 million in 1950-51 to 46.4 million in 1993-94 and at the upper primary stage from 0.5 million to 15.7 million. The drops out rates of girls at the primary as well as the upper primary stage are higher than those of boys. | |
| Availability of Schools and Teachers | ||
| 8.15 |
The
number of primary schools has increased from 210 thousand in 1950-51 to 537 thousand in 1993-94 and the number of upper primary schools has increased from 13,000 in 1950-51 to 1,55,000 in 1993-94. The number of teachers in primary schools has increased from 538 thousand in 1950-51 to 1703 thousand in 1993-94 and the number of teachers in upper primary schools has increased from 86,000 in 1950-51 to 10,30,000 in 1993-94. Yet almost one-third of the rural primary schools have only two teachers each. Many primary schools lack even basic infrastructural facilities essential for any acceptable quality of education. |
|
| Curriculum and its translation | ||
| 8.16 | The Forty-second National Sample Survey (1986-87) showed that about one-third to one-half of the out of school children find school either boring, irrelevant or threatening (fear of failure in examinations). Keeping in view these findings, a number of steps have been taken to strengthen curriculum of elementary education to make it more flexible and responsive to the local needs and environment. The component of skill formation is progressively increased to relate it to the ‘world of work’ which exercises a strong pull on the life of a large number of children after the age of 10 years. Emphasis is being placed on participative mode of learning to encourage activity based learning and exploration, inquiry, creativity and initiative on the part of the students. | |
| The Concept of Minimum Levels of Learning | ||
| 8.17 | The concept of Minimum Levels Of Learning (MLL) has been introduced with a view to ensuring the child-center approach to teaching and assessment. Rather than focussing on acquiring competency in the syllabus, MLLs have been designed to ensure that children actually learn in the class. However, there have been several problems with its implementation. The MLLs tend to focus on literacy and numeracy, rather than integrated education. Teachers find the concept difficult to translate into pedagogy. Minimum competencies laid down in MLL are being reworked with a view to taking into account child development parameters. More stress is being placed on teacher’s training in modern teaching techniques. | |
| Teachers and Administration | ||
| 8.18 | The Acharya Ramamurthy Committee Report underlines the importance of the role and the status of teachers in the educational process and in society. The teacher is often at the bottom of the administrative hierarchy. There is now more focus on capacity-building and continued training for teachers. DIETs (District Institutes of Education and Training) and SIET (State Institutes of Education and Training) are being straightened to enable them to meet this need. Experiments in teacher empowerment like "Shikshak Samakhya " have also been taken up on a limited scale. | |
|
Allocation of Resources |
||
| 8.19 | The Kothari Commission (1964-66) had recommended that the proportions of GNP allocated to education must rise from 2.9% in 1965-66 to 6% in 1985-86. This recommendation was included in the National Policy of Education, 1968. The recommendation was based upon projected economic growth rates, which could not be realised. Notwithstanding the fact that the percentage of GNP allocated for education fell far short of the recommended level, spending on education as a share of GNP has increased from 2.9 per cent in 1965-66 to 4.0 per cent in 1985-86. After the 'Education for All' Summit, India has committed to ensure that free and compulsory education of satisfactory quality is provided to all children upto 14 years of age before the 21st century. Budgetary provisions of Rs. 23.66 billion for the year 1994-95 in respect of Department of Education has been made. | |
| 8.20 | The Government is now committed to earmark 6% of the GDP for education. This is to be achieved by the year 2000 AD. Fifty per cent of these funds will be spent on primary education. | |
|
Priorities for Action in Education |
||
| 8.21 |
For
overhauling strategies in education and to get a holistic vision of education, following
activities are bring undertaken.
|
|
|
Leisure and Culture |
||
| Article 31 of the Convention recognises "The right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts…." | ||
| 8.22 | Not recognised by law, but of paramount importance, is the child’s right to a happy, fulfilling childhood. The elements of a joyous, enriching and satisfying transition of adulthood are not substantially different from the requirements of adults – freedom from hunger and want, protection from deprivation and disease, the right to individual freedom and expression, and mutual respect for culture, and the right to leisure. | |
| 8.23 | The prospects of economic advancement for some, or the compulsions of sheer survival for many, have compelled families to work harder, even traditional familial and support structures have broken down. The visible losers are obviously children. Working children who are direct participants in the economic growth process, are deprived of their childhood. At another level, children of people in the middle income groups often face pressures from parents to perform, deliver and achieve. In urban areas, the pace of life has quickened and there is less time to devote to the needs of children. In the Indian context, these issues are intermingled with developmental and social issues. | |
|
Leisure and Childhood |
||
| 8.24 | Leisure is one of the key elements of childhood and a basic right. Leisure must be understood as children’s own time and space when they can do what they want, in the way that they want. This time should not be is appropriated by education or work. Leisure is not only recuperative but also productive. For children, leisure activities are learning experiences, particularly, those which are interactive and participative. | |
| 8.25 | In a pluralistic and stratified society like ours its is impossible to find a representative child for whose interest we speak. There is no universal child and no universally accepted idea of leisure or culture. A discussion on the ‘right’ is likely to be inconclusive because it is perforce non-quantifiable or non-measurable. Children belong to different regions and come from a variety of economic backgrounds; one child’s work may well be another child’s leisure. There is a close relationship between leisure in the conventional sense of the term, and affluence. It is, therefore, essential to raise the economic level of the country as a whole and ensure a relatively equitable distribution of wealth, so that the phenomenon of one individual buying leisure at the cost of another person is minimised. | |
|
Urban Settings |
||
| 8.26 | A casualty of the development process has been leisure for the child. This is particularly apparent in urban areas, due to cramped living conditions and the stress and drudgery of daily existence. Open spaces and physically demarcated areas for leisure have withered away under the pressure of increasing population and increasing urbanization. In big towns, few colonies have green spaces, for children to play in – if they do exist, they are accessible only to the children of the relatively privileged. Urban design is today anything but child friendly. Schools, barring relatively few private schools, cannot afford the luxury of land. The stress of urban life inevitably has an impact on the child. In many major cities today, a growing proportion of children travel considerable distances to and from school. The time taken is at the cost of leisure. The working child sustains not only herself and her family by her labour, but in many cases the production process itself. In urban environments which are particularly oppressive, there are hardly any specific provisions made for them for their leisure. | |
|
Rural Settings |
||
| 8.27 | Here the challenge is even greater as is the scale. About 75% of our children live in rural areas. While the pace of life is relatively less frantic, the physical infrastructure for organised, constructive leisure does not exist. | |
| 8.28 | There has been a tendency to neglect our own heritage of play and sport. The sports which have received public attention and support are borrowed ones. Rural sports have been neglected, and even looked down upon. It is, therefore, rare for children form a rural environment to progress to even a reasonable level of competence in most sports, unless they have received attention and coaching in urban milieu. This is not feasible for most rural children. | |
|
Education and Leisure |
||
| 8.29 | Ideally, the present constructive institutional and structured education should give way to one, which is liberal and free, and make learning itself more enjoyable and "leisurely". For children, learning is not an activity confined to the space of school or to other formal learning structures. It is, or should be a continuous learning process involving playing, drawing, enacting, observing, socialising and coping with problem situations. Leisure should, therefore, be an integral part of education. | |
| 8.30 | To ensure that a child can indeed exercise his or her right to leisure and culture we will necessarily have to redefine our educational system and ensure that it includes all children. In developing societies like India, old societal mores are being replaced quickly, the pressure to conform and perform is very high and deviance has a very low social acceptability. These pressures do have an impact on the child and need to be addressed from the child’s point of view. In the absence of substantial change in our educational system, it is possible for us to give our children the right to leisure and culture only in a limited way. | |
| 8.31 | Even a slightly different paradigm of learning can make childhood more joyful. If the classroom becomes more participate and interactive the burden of learning will disappear. Children who are currently outside the school system can be brought within it and retained if learning becomes easy, relevant and joyful. It may be possible to provide education and leisure in the same space. High drop out rates which have been observed amongst the children of the rural poor, tribal children and girl children are largely due to the uninspiring and completely alien pedagogy which is followed. If the learning process can be made fun then a child may well consider stepping into school, in her free leisure time. | |
| 8.32 | Some recommendations of the National Advisory Committee on improving the quality of learning while reducing the burden on school students (Yash Pal Committee) include: encouraging of group achievement, decentralisation of curriculum framing and experimentation with pedagogical innovations. These are being attended to at National and State levels. Early childhood educational institutions should not perpetrate violence on young children in the form of formal teaching of reading, writing and numbers, the burden of the heavy bags of books should be reduced. The problem of "burden of bags" has, in recent years, been focussed in various forms and remedial measure are being taken to lighten this burden. | |
|
Facilities for Leisure: Government and NGOs Role |
||
| 8.33 | The Department of Youth Affairs and Sports under the Ministry Human Resource Development recognizes the need of the child to engage himself/herself in sports appropriate to the age of the child. Through its schemes, the Department encourages educational institutions and NGOs to build infrastructure for sports with financial assistance from the Central Government. The National Sports Federations/Associations are also encouraged to hold sub-junior sports championships for which financial assistance is given by the Government of India. | |
| 8.34 | The Sports Authority of India, a body under the Department of Youth Affairs and Sports has also formulated schemes like National Sports Talent Contest Schemes where young sportspersons in the age group of 8-12 years are identified and placed in various schools under the guidance of sports coaches to develop their talents in sports. The National Policy on Sports as well the National Policy on Education recommend that sports and games should be compulsory at the school level. The Central Advisory Board on Education had also recommended physical education to be part of the school curriculum. The Department makes all efforts to broad-base sports at the school level. To encourage children outside the school system to participate in Sports, the department has formulated schemes of promotion of rural sports. Rural sports clubs are given one time assistance to purchase sports goods and equipment. | |
| 8.35 | A new scheme initiated by the Department of Women and Child Development focusses on Adolescent Girls. It caters to girls in the 11-18 years of age group, who have dropped out of school. It is operative in about 500 ICDS blocks. About 0.45 million girls are being covered by the scheme. The girls receive training in areas of health and nutrition, childcare etc. Balika Mandals have been set up under the scheme where girls meet in groups, discuss their problems receive some non-formal education and get a change for recreation and interaction with other adolescent girls. | |
| 8.36 | The Bal Bhavan Society which has a membership of about 25,000 children in Delhi alone, and about 2,000 in regional centres, has initiated a number of creative and innovative programmes. Activities range from clay modelling, painting and theatre, puppetry, science activities, to environmental camps, cultural camps and folk art. Time spent by children at the Bal Bhavan centres all over the country cannot but be leisurely and culturally enriching. | |
| 8.37 | The National Service Scheme is an important programme for developing community participation and spirit of service. It has over 1.4 million volunteers in universities and at all plus-2 level. The Bharat Scouts and Guides, the premier organisation to promote scouting and guiding has an enrolment of 2.3 million children and fosters among its members, a spirit of adventure, love for nature and community spirit. The Department of Youth Affairs and Sports extends financial assistance to these programmes. | |
| 8.38 | Some of the work done by NGOs in the field of leisure and culture for children is directed towards children within the school system in the broader context of simplifying education without changing the formal structures themselves. The Shiksha Karmi Project in Rajasthan replaces the primary school teacher with local youth who are responsible for teaching all the children of the village. Shiksha Karmis have only some formal education but they have enthusiasm and zeal. The Shiksha Karmis have made learning fun. The teaching is rooted in the child’s environment, the curricula is specially designed and they are assisted by voluntary organizations and resource people. | |
| The Cultural Dimension | ||
| 8.39 | The right to culture implies not just the freedom to preserve one’s culture and retain it but more importantly the non-imposition of a culture considered to be better or superior. This means a sense of understanding and appreciation amongst children and the people they interact with. Currently alienation appears to be extremely high in children belonging to both urban and rural milieus. In urban city schools, children face a cultural invasion characterised by gross consumerism. Values and cultural roots are damaged and need to be resorted. While we must recognise that the cultures of children in any society are certainly not uniform or homogeneous coming as they do from different backgrounds, economic strata and communities, we have to ensure that children are not made to feel inferior because of their culture. | |
| 8.40 | Textbooks and storybooks often convey those sentiments which are accepted by society at large. Gender stereotypes and roles are also reinforced through the available reading material and television. Attempts have been made to correct this gender bias in textbooks published by NCERT and other publishing houses. Another area of concern is the increasing violence shown in films and on television. This is likely to lead to more aggressive behavior amongst children and hence the need to have a valid and meaningful certification system. There is also a need to promote good quality children’s films and books. In this regard, a number of organisations are carrying out work, for example the National Centre of Films for Children and Young People, Bombay and the National Book Trust. | |
| 8.41 | Both NGOs and the government are reasonably active in the cultural sphere. Various NGOs work with children in slums, schools and street children in an attempt to enrich them culturally as well as find an outlet for their creative energies. The Ministry of Human Development provides assistance for strengthening culture and values in education. | |
| Priorities of Action in Leisure and Culture | ||
| 8.42 |
In
order to fulfill provisions contained in CRC following are the priorities for action:
|
|
| IX. SPECIAL PROTECTION MEASURES | ||
|
CHILDREN
IN EMERGENCY SITUATIONS Articles 22, 38 and 39 |
||
| Children as Political Refugees | ||
| Article 22 of the convention states that "States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall … Receive appropriate protection and humanitarian assistance"…… | ||
| 9.2 | There are more than 3 million people who have so far sought political asylum in the country. Tamil refugees from Sri Lanka form the largest group among the refugees. Others who have arrived in the country for political reasons are Tibetans and Bangladeshis numbering over 1 million. A slow trickle from Myanmar has also commenced. In addition to political refugees, the country is also faced with the problem of illegal migration from Bangladesh. | |
| 9.3 | It is reported that 75,000 Sri Lankan refugee children were born in exile in Tamil Nadu over the last ten years. The refugee children born in exile create repatriation problems for parents opting to go back home. Many of these children were initially refused registration by local officials. | |
| 9.4 | The Government's major efforts have been to set up refugee camps for immediate relief and subsequently to arrange for their voluntary repatriation to their home countries. States like Tamil Nadu have taken steps to encourage refugees to voluntarily opt for repatriation. | |
| Children in Armed Conflicts | ||
| Article 38 of the Convention states that "the States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities"…."protection and care of children who are affected by an armed conflict"….. | ||
| 9.5 | As mentioned in the chapter dealing with the age of the child, children are not inducted into the armed forces and hence do not take a direct part in hostilities. However, children are often unwitting victims of armed violence. There are 30,000 children orphaned by terrorism in Punjab. Children are the most innocent victims of terrorism. Often on losing their parents, they are forced to continuously shift from one relative to another. In those cases where they have gone permanently to live with the maternal grandparents, the uncles and aunts do not accept them as they fear that the property rights of their children may be superseded by them. A number of such children reported maltreatement, whenever their grandparents were absent. Government of India has set up a fund to assist children affected by terrorist violence for their rehabilitaiton. A number of NGOs are also working in this area. | |
| 9.6 | Another adverse affect of terrorism is on the education system with schools closing down and thereby affecting the child's education. There is a high drop out rate and irregular attendance in schools, even after the crisis is over. The present rate of school dropouts in Jammu and Kashmir for example is 48% among boys and nearly 60% among girls. Children, especially teenagers are often instigated into active involvement in armed conflicts, violating Article 38. | |
| Children Facing Environmental Disasters | ||
| 9.7 | India is one of the most disaster prone countries in Asia. The Centre for Science and Environment has estimated that during the 70s, 80% of the world's victims of drought and 70% of flood victims were living in India. About 35% of the area of the country is drought prone. Cyclones are another form of natural disaster affecting the Indian subcontinent. With increasing industrialisation, there has been a rise in the number of the disasters due to the release of hazardous waste and toxic chemicals. The Bhopal gas tragedy was a man-made industrial disaster with long term effects. | |
| 9.8 | The survey of people affected earthquake in Latur and Osmanabad Districts in 1994 by a Joint Action Group of Institutions of Social Work Education, indicated that 55.3% of the deaths in Latur districts were of people upto 19 years of age. Of the 1482 orphans of the earthquake, 211 have lost both parents. Disasters can also lead to epidemics. The outbreak of plague is reportedly an outcome of the Latur and Osmanabad earthquake. It affected over 1500 people and led to mass hysteria, causing people to flee their home-towns. Children's health, education, and life are seriously affected in these situations. The refugee families also face discrimination wherever they go, thus further affecting the displaced children. | |
| Policy and Programmes | ||
| 9.9 | To fight droughts, the Drought Prone Area Programme was started in 1970-71 in chronically affected areas. A National Disaster Management Plan has been mooted at the Centre. The Environment (Protection) Act of 1986 came into being with the major purpose of preventing industrial hazards. | |
|
CHILDREN
IN CONFLICT WITH LAW Articles 37, 39 and 40 of the Convention |
||
| 9.10 | It will be realistic to speak of "Law in conflict with childhood" rather than of "children in conflict with law" for more than not, it is the social and legal systems, which deny innocent children their right to development and lead them to antisocial acts and delinquency. Criminal law and procedure have for long, made concessions to children in number of areas. These include immunity from criminal responsibility (Section 82 and 83 of Indian Penal Code), consent of child not being treated as proper consent for exemption from guilt (Section 90 of Indian Penal Code), victimisation of children visited upon with heavier penalties, diversion to non-criminal courts in cases of juvenile crime, disposition (sentencing) to non-criminal sanctions and reformatory sentences on being found guilty, non-application of death penalty to child convicts, institution of separate custodial and correctional institutions and removal of any kind of stigma against them. These have been part of the Indian criminal jurisprudence for more than a century. During the last decade the approach of law towards neglected, destitute and delinquent children was further liberalised and rationalised with the enactment of The Children's Act in 1960 and later The Juvenile Justice Act in 1986. | |
| Juvenile Delinquents | ||
| 9.11 | Over the years, the process of social development in India not only led to changes in the family structure and values, but has also resulted in an increase in social problems like destitution, and juvenile delinquency. The Government of India has introduced various legislations and programmes to minimise these social problems. A well planned juvenile justice system is in operation comprising Juvenile Welfare Boards, Juvenile Courts, Observation Homes, Juvenile Homes, Special Homes and After-Care Organisations. | |
| 9.12 | With a view to provide a uniform pattern of justice to juveniles throughout the country, Juvenile Justice Act 1986 came into force in 1987. The Act has brought a change in the upper age limit of juveniles (from the earlier age limit of 21 years for both males and females) to 16 years for males and 18 years for females. The Act provides for the care, protection, treatment, development and rehabilitation of neglected and delinquent juveniles, and lays down a uniform legal framework to ensure that no child under any circumstances is lodged in jail or kept in police lock-up. The Act provides for a different approach in the processing of the neglected juveniles vis-à-vis the delinquents. While neglected children are produced before Juvenile Welfare Board, the delinquents are dealt with by the Juvenile Courts. | |
| 9.13 | The Juvenile Justice Act 1986 (JJA) has been enacted to provided for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for adjudication of certain matter's relating to, and disposition of delinquent juveniles. From the point of view of welfare of children the Indian statute places the children needing protection under two categories: neglected children, and delinquent children. The neglected children are placed under the protection of Welfare Boards. For tackling the problem of delinquent children the children's courts are constituted under the Act. | |
| 9.14 | If a juvenile is temporarily or permanently deprived of his or her family environment, he or she is entitled to special protection and assistance provided by the state and alternative care is to be ensured. When searching for appropriate alternative care, due attention is to be paid to giving the juvenile an environment as similar as possible to that in which he/she has previously been living. It has been considered essential to develop conditions that will ensure for the juvenile a meaningful life in the community, which, during that period in life when she or he is most susceptible to deviant behaviour, will foster a process of possible. One of the avowed objectives of the Act is to bring the operation of the juvenile justice system in the country in conformity with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. These universally accepted principles and standards have been incorporated in various provisions of the Act. | |
| Neglected Juveniles | ||
| 9.15 | The Juvenile Justice Act provides an elaborate framework for taking care of neglected and abused children. Children whose parents are unfit or incapacitated to exercise care or control over the juvenile or who are likely to be abused or exploited for immoral or illegal purposes are included in the definition of the neglected juvenile. The Act provides for production of neglected juveniles before the Juvenile Welfare Boards constituted under the Act which function as a bench of Magistrates. Keeping in view the fact of each case the Board may order the placement of the neglected child in a juvenile home, or under the care of parent, guardian or other fit person with such person executing the bond to be responsible for the good behaviour and well being of the juvenile. | |
| Delinquent Juveniles | ||
| 9.16 | Under the Juvenile Justice Act a juvenile who has committed an offence can be dealt with only by a juvenile court. A juvenile court differs from other courts in its philosophy, objectives and functions. The juvenile court is constituted by qualified Magistrates and is assisted by honorary social workers. Special knowledge of child psychology and child Welfare is an essential qualification for every member of the court. The proceedings in respect of a juvenile are not public and only specified persons are allowed to attend the proceedings. The disclosure of name, address or other particulars relating to a juvenile which can lead to identification of such juvenile is prohibited. | |
| 9.17 | No delinquent juvenile can be tried in the same way as an adult under the court of criminal procedure. A delinquent juvenile can also not be charged and tried with an adult. | |
| 9.18 | Under the Act a juvenile cannot be sentenced to death or imprisonment. If the court comes to the conclusion that the child has committed the offence charged with, then it can pass several types of orders ranging from releasing the child on probation for good conduct and placing him under the care of any parent/guardian or fit institution, to directing that the juvenile be sent to a special home. | |
| Rehabilitation | ||
| 9.19 |
Rehabilitation
has been made integral part of the institutional programmes. Every neglected and
delinquent juvenile has not only to be provided accommodation, maintenance and facilities
for education, vocational training and rehabilitation but also the facilities for
development of his character and necessary training for protecting himself against
exploitation. The importance of after-care has been recognised as essential for
rehabilitation of the juvenile in the community. The Act provides for setting up of
after-care organisations for taking care of juveniles after they leave the juvenile homes
or special homes to help their readjustment, resettlement and rehabilitation as
self-dependent and self-reliant socially useful citizens. Many State Governments have
provided comprehensive schemes of after-care, the objectives of which are the following:
|
|
| 9.20 | As a follow-up measure contemplated under the Juvenile Justice Act, the Scheme for Prevention and Control of Juvenile Social Maladjustment is being implemented by the Ministry of Welfare since 1986-87 to provide financial support to States/UTs for setting up or upgradation of services for Observation Homes/Juvenile Homes/Special Homes/After Care Organisations and training of functionaries. | |
| 9.21 | As a result of these efforts, the juvenile crime in India has declined over the years and during 1992 accounted for 0.7 per cent of all crimes under the Indian Penal Code. An analysis of sex and age distribution of juveniles apprehended during 1991 indicates that the age group 12-16 years is comparatively more susceptible for criminal activities. | |
|
CHILDREN
IN SITUATIONS OF EXPLOITATION Articles 32, 33, 34, 35, 36 and 39 |
||
| Child Labour | ||
| Article 32 of the Convention states: "States parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental spiritual, moral or social development". | ||
| 9.22 | Though undesirable, child labour persists in our country on account of socio-economic compulsions. On account of poverty many parents send their children to work in order to supplement their income. The income derived from child labour, however meagre, is essential to sustain the family. There is an obvious special distinction between child labour and exploitation of child labour. It has been assumed that a certain amount of child labour will persist in family enterprise which is non-exploitative. At the same time there are other forms of child employment in hazardous trades, factories and other organised establishments which are reprehensible, rob the young of their childhood and should not be allowed to continue. According to the 43rd round of the National Sample Survey (1987), the number of working children was estimated to be 17 million. The present figure is estimated to be around 20 million. | |
| 9.23 |
In
view of this ground reality the Government of India while acceding to the Convention on
the Rights of the Child made the following declaration: "While fully subscribing to the objectives and purposes of the Convention, realising that certain rights of the child, namely, those pertaining to the economic, social and cultural rights can only be progressively implemented in the developing countries, subject to the extent of available resources and within the framework of international cooperation, recognising that the child has to be protected from exploitation; noting that for several reasons children of different ages do work in India; having prescribed minimum ages for employment in hazardous occupations and in certain areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in India-the Government of India undertakes to take measures to progressively implement the provisions of Article 32, particularly paragraph 2(a), in accordance with its national legislation and relevant international instruments to which it is a State Party". |
|
| Policies and Programmes | ||
| 9.24 | The Constitution contains provisions for protection of children from work which is beyond their capacity, or involves long hours of work interfering with their education, recreation rest and overall physical and mental development. Protection is also available under various industrial acts and labour laws enacted from time to time. The provisions relating to the age for admission to employment regulation of working hours and conditions of employment and appropriate penalties and sanctions for effective enforcement form part of all the relevant labour and industrial laws. The Factories Act prohibits the employment of children below the age of 14 years and adolescent (a child within 15 to 18 years of age) can be employed only if he is certified to be fit by a surgeon. It prescribes four and half-hours of work per day for children and prohibits their working during night hours. Provision has also been made for weekly holidays, annual leave and health and safety of child workers. Penalties have also been provided for the contravention of the above mentioned provisions relating to employment of children. Similar provisions with minor variations also form part of other labour legislation like: the Mines Act 1952, Plantation Labour Act, 1951, the Bidi and Cigar Workers (Conditions of Employment) Act, 1966 and the Merchant Shipping Act, 1958. The Child Labour (Prohibition and Regulation Act, of 1986, prohibits their employment in jobs that are hazardours to their lives and health. Children are also prohibited from working at ports or in railways, picking cinders, and clearing ashpits where their safety is jeopardised. They are prohibited from working in industries such as bidi-making, carpet-weaving, cement manufacture, bag making, cloth printing, dyeing and weaving manufacture of matches, explosives and fireworks, mica-cutting and splitting, shellac manufacture, soap manufacture, tanning, wool-cleaning, building and construction industry. It prohibits engaging children in night shifts, making them work in more than one shift, prevents their working near dangerous machinery, handling hazardous chemicals etc. The working conditions of the employment of children are regulated in all occupations and processes where their employment is not prohibited. The Act also ensures that they have adequate hours of rest and holidays. | |
| 9.25 | A number of other initiatives and programmes have been undertaken during the last decade or so, with the basic objective of dealing with the problem of child labourers. The formulation of a National Child Labour Policy, 1987, the enactment of the Child Labour (Prohibition and Regulation Act 1986, the setting up of a Task Force on child labour and the ratification of the Convention on the Rights of the Child have all formed a part of this process. The Ministry of Labour formulates, Child have all formed a part of this process. The Ministry of Labour formulates, corrdinates and implements policies and programmes for the welfare of child labour. It provides grants to voluntary organisations which run projects for rehabilitation of child labour through non-formal education, health care and supplementary nutrition. Grants are also released to conduct seminars and research to identify further areas for taking appropriate action. | |
| 9.26 | The National Policy on Child Labour was formulated in 1987 which, apart from requiring enforcement of legal provisions to protect the interest of children, envisages focussing of general development programmes for the benefit of child labour and project-based plans of action in areas of high concentration of child labour. Under the project action plan of the policy, National Child Labour Projects (NCLP) have been set up in different areas to rehabilitate child labour. A major activity undertaken under the NCLP is the establishment of special schools to provide non-formal education, vocational training, supplementary nutrition etc., to children withdrawn from employment. | |
| 9.27 | The drive for the elimination of child labour has received fruther impetus after the announcement of a new programme in August 1994 for the rehabilitation of children working in hazardous occupations. Under the programme an estimated 2 million children are to be withdrawn from employment and put in special schools to enable them to become productive members of the society. For the year 1995-96, the budget allocation of Rs.3.44 million was utilised for funding projects to rehabilitate child labour working in hazardous occupations. So far 76 projects have been sanctioned under the programme to cover around 1,50,000 working children, 123 child labour endemic districts have also been sanctioned funds to carry out surveys to identify child labour engaged in hazardous occupations. The survey will be preceded by an exercise to categorise occupations, hazard-intensity wise, in order to cover children engaged in the most hazardous occupations on a priority basis. The total amount released for carrying out surveys is Rs. 24.6 million. A massive awareness generation campaign was launched at the central level through major national dailies. During 1995-96, a total of Rs. 66.5 million was also released for awareness generation activities at the district level to 133 districts. For the year 1996-97, an allocation of Rs. 560 million has been made for the child labour related programmes. | |
| 9.28 | India has been participating in the International Programme on Elimination of Child Labour (IPEC) launched by the ILO in 1991. For the two biennia 1992-93 and 1994-95, allocation for India given under IPEC was US$ 3.65 million (over Rs. 110 million). The allocation for the year 1996 is US$ 0.5 million (approx. Rs. 17.5 million). Altogether 104 projects with an outlay of Rs. 110 million are under different stages of implementation. The total number of children covered by these projects is 76, 329. | |
| 9.29 | The number of working children covered by the special school is minuscule compared to the total number of children waiting to be released and rehabilitated. Evidently, the goal cannot be reached in one stroke. Considering the magnitude of the problem and the paucity of the resources-human, material and financial-a sequential, gradual but integrated approach has been adopted. A modest beginning has been made in terms of conceptualisation, planning and operationalisation of the few National Child Labour Projects during the years 1994-95 and 1995-96. These efforts will be consolidated in the coming years with a view to converting working children into productive and participated members of the society. | |
| Supportive Strategy | ||
| 9.30 | Child Labour is a problem basically economic in nature hence legislation alone is not likely to remove it. Poverty, illiteracy, the existence of large families leading to land-holdings reduced to uneconomic sizes, landlessness, lack of skills to earn a livelihood are some of the reasons for children being sent out to work. To contain and reduce the problem, more avenues for adult employment in rural areas need to be created. While India is committed to complete eradication of child labour, our immediate efforts are focussed on ensuring prevention of child employment in hazardous occupations. | |
| 9.31 | The formal education system which has often been criticised as ill-designed, unresponsive to the needs of working children, irrelevant in terms of equipping children for socially productive activities, and a poor alternative for children of families engaged in traditional crafts is being remodelled through various initiatives. Children need to be retained in the education system for as long as possible. In a country like India, where the bulk of the population is linked to the rural and agrarian sectors, the system of education needs to be remodelled to suit such needs. Rural school should have the flexibility to absorb a child if he drops out, have holidays during peak season of agricultural activity, adjust timings to suit the convenience of students and have special subjects of relevance to local needs. | |
| 9.32 | Recently the Government has announced the commitment for the elimination of child labour from all occupations and industries and make primary education a fundamental right. There are also experiences to show that withdrawal of children from the labour market through mass enrolment in schools, receives support from parents and communities. These developments will contribute significantly to the efforts for the elimination of the evils of child labour from society. | |
| Recent Supreme Court Judegements of Child Labour | ||
| 9.33 | The Supreme Court in its decision reported in 1993 (I SCC page 645-Unni Krishnan J.P. and Other Vs State of Andhra Pradesh and Others) in para 172 of the judgement has emphasised the need for right to free and compulsory education for all children until they complete the age of 14 years as per the Constitutional policy envisaged in Articles 45, 46 & 41 of the Constitution of India. In another recent decision dated 10.12.96 (reported in 1969 (9) Scale page 42-M.C. Mehta Vs. State of Tamil Nadu and Others) the Supreme Court has inter alia reiterated its earlier decision for free and compulsory education up to the age of 14 years and also directed that the concerned employer who employs a child in contravention of the provisions of Child Labour (Prohibition and Regulation) Act, 1986 shall pay as compensation a sum of Rs. 20,000/- per child which would be deposited in a Fund known as "Child Labour Rehabilitation-cum-Welfare Fund". Similarly, the Supreme Court has also directed that in those cases where it would not be possible to provide job to an adult family member in lieu of child, the appropriate Government would, as its contribution, deposit in the aforesaid Fund a sum of Rs. 5,000/- for each child employed in a factory or mine or in any other hazardous employment. The Fund so generated shall form a corpus whose income shall be used only for the concerned child. Further, in another decision dated 18.12.96 (in WP (C) 4677 OF 1985 - M.C. Mehta Vs. Union of India and Others) regarding child labour in NCT of Delhi, the Supreme Court has inter alia directed the employer concerned, who are found to have employed child labour, to pay compensation as assessed by the Labour Commissioner, Delhi and in defalut of payment thereof, the same would be recovered as arrears of land revenue. | |
| 9.34 | To give effect to the Supreme Court directions, Ministry of Labour in the Government of India convened a meeting of the National Authority on Elimination of Child Labour on 31st December. 1996 wherein the various implications of the Supreme Court order were discussed and a line of action proposed. Consultation with the State Governments have also begun with the holding of a Conference of the State Labour Ministers, Labour Secretaries and Labour Commissioners on 22.1.1997 to formulate a concrete action plan to give effect to the Supreme Court directions regarding withdrawal of working children from hazardous occupations and their rehabilitation and improvement in the working conditions of the children who are working in non-hazardous occupations. | |
| CHILD ABUSE | ||
| Article 34 and 35 of the Convention state that the States parties shall undertake to protect the child from all forms of sexual exploitation and sexual abuse. | ||
| 9.35 | Child abuse and neglect within the family have been highlighted as a part of advocacy under the Convention. Another obligation of significance that has been included is safeguarding children from sexual exploitation and abuse, and action to prevent the abduction and sale of children in any form. At the same time, the Convention assigns the primary responsibility to both parents for children's upbringing. In India, Child abuse is increasingly coming out in the open and is drawing more attention, concern and condemnation. There is also an acknowledgement of the importance of a specific focus on the problems of children, especially of girl children, related to their abuse and neglect. | |
| 9.36 | Traditionally, the family and community in India have been insular, authoritarian and patriarchal, with parents(s)/ guardians/caretakers having full right over their children, to treat them in whichever way they deem fit. Traditional child rearing practices accept physical force or punishment as means of disciplining. Child beating and corporal punishment by the parents/guardians or even teachers are considered to be in the "interest of the child". | |
| 9.37 | The term "Child abuse" encompasses a broad and wide range of acts and maltreatment of children. Various attempts to define child abuse have not achieved a consensus. There is also no consensus about its various forms, which can include child battering, extreme punishment, hard labour, emotional abuse, sexual abuse, including incest and exploitation, and abandonment. There is inadequate data with regard to child abuse. However, statistics of children admitted to institutions due to abandonment, after running away from home, of children apprehended under the Juvenile Justice Act or of cases of exploitation, victimisation as well as the increasing popualtion of child beggars and reports of minor girls becoming victims of prostitution and of sexual assaults, indicate that child abuse remains a series problem in the country. | |
| Physical Violence and Sexual Abuse | ||
| 9.38 | Child battering and injuring the child physically by the parents, teachers and others in authority is very much prevalent in India as observed by social workers and reported in the newspapers. Sexual abuse of the child is defined as any sexual relation between an adult and a child. Its legal definition includes child molestation, incest and rape. It is the least reported form of child abuse despite its high incidence and the fact of its occuring in all economic and ethnic groups. Some estimates show that in 30% to 50% incidents, the offenders are family members, close relatives, neighbours and friends and 80% of children know their at attackers. | |
| 9.39 | According to the Report of the National Crime Records Bureau, CRIME IN INDIA (1994), child rape victims in the age groups of 0-10 and 10-16 years went on increasing from 1988 to 1991 but declined in 1992. Out of 301 cases reported in all Union Terriories, Delhi recorded 276 (19.7%) cases while Lakshadweep has the unique distinction of being free from this form of crime. The incidence of rape, torture and sexual harassment recorded increased in 1994 over its previous year, while cases of kidnapping, abduction and molestation have decline. | |
| Policy and Provisions | ||
| 9.40 | The National Policy for Children, 1974 states that "children shall be protected against neglect, cruelty and exploitation". The National Decadal Plan of Action for the Girl Child (1991-2000 A.D.) recognises the rights of the girl child to protection from exploitation, assault and physical abuse. The Plan aims to utilise intervention strategies to sensitise various agencies on the need to protect the girl child from assault and physical abuse and exploitation, and adolescent girls from prostitution and rape through legislation, proper enforcement and speedy legal remedies through family courts (Family Courts Act, 1984) and special courts. | |
| 9.41 | Though the National Policy on Education 1986, recommends "firm exclusion" of corporal punishment to children in schools, it is found to be continuing as all State Education Acts and Rules have not banned corporal punishment in schools. The Indian Penal Code considers the following as serious offenses; kidnapping or maiming a child for the purposes of begging (Se. 363-A), selling a child for the purposes of prostitution (Se. 372-373), exposure and abandonment of child under 12 years by parents or persons having care of the child (Se. 317) and sexual harassment (Section 509). Child prostitution and child rape are also covered. The Juvenile Justice Act has provisions for prostitution from and punishment for cruelty and indignity to children as also for care, protection and rehabilitation of neglected and abused children. The Immoral Traffic Prevention Act, 1956 (amended) deals with the punitive as also preventive aspects of prostitution including child prostitution. | |
| 9.42 | Rape is covered under Section 375, 376 of Indian Penal Code (1860). Offences of kidnapping and abduction for different purposes are covered by Sec. 363-373, IPC. Sexual intercourse with a women with or without her consent when she is under 16 years of age amounts to rape and the offender is punishable with imprisonment for life (Section 375 of the IPC). The National Commission for Women, a statutory and autonomous body constituted by the Government of India under the Department of Women and Child Development has prepared a draft ordinance with the aim of raising the age of consent (majority) from mere 16 years to 18 years so as to bring it at par with International Conventions. The proposed bill is under the consideration of the Government. | |
| 9.43 | Procedural details are great hurdles in the speedy trial of the cases of child rape. It is estimated that for cases in which trials were completed, only 41.5% ended in conviction during 1990, 34.2% in 1991 and 33.8% in 1992. Thus the percentage of cases acquitted is showing an upward trend over the years. The rate of disposal of cases in courts was 23.9% in 1990, 18.6% in 1991 and 18.1% in 1992. On an average, 80% of the cases remained pending. | |
| 9.44 |
The
Supreme Court has directed the State Governments to immediately implement the provisions
of the Indian Penal Code on the issue of child rape in a strict manner, in particular the
provisions that the act of sexual intercourse with a child (below the age of 16 years)
with or without her consent should be treated as an offence of rape under Sec. 375 of IPC.
In the procedure of conviction, this responsibility is transferred to the police. In this
process the offender often manipulates acquittal. There are numerous cases to support this
observation. The three major changes that have been brought about in the legislation and
evidence aspect of child rape are: - the definition of rape to include oral penetration in the meaning of sexual penetration; - the onus of proof of not committing rape is now on the rapist; and - the section on "consent or no consent" has been made irrelevant. |
|
| Child Prostitution | ||
| 9.45 | Prostitution in India has manifested itself in various forms with varying degrees of social sanction. There is now increasing concern about children being inducted for commercial purposes into the trade and becoming subjects of shocking sexual abuse and sexual diseases. Thee are no reliable statistics available about the number of prostitutes - least of all about child prostitutes, but according to newspaper reports thee are around 0.4 million prostitutes. Reports and some studies on prostitutes and prostitution point out that there are some social groups and communities in various pockets of the country in which family based prostitution is traditinally practiced but statistics about their numbers is also not available. No estimates are available even about the number of child Devadasis and Jogins though these systems have been traditionally in existence as a socially sanctioned form of exploitation of women particularly those from lower socio-economic groups in the States of Karntaka, Maharashtra and Andhra Pradesh. With the aim of curbing child prostitution and rehabilitating child prostitutes, an Expert Copmmittee has been formed by the National Commission for Women. More police personnel as well as judges are being sensitised through seminars and workshops on this issue. | |
| 9.46 | The Supreme Court of India in a 'Public Interest Litigation' in 1990 on the subject of child prostitution had directed that the Central and State Governments should set up Advisory Committees to suggest measures to be taken in eradicating child prostitution. Government of India has accordingly constituted a Central Advisory Committee which includes representatives of the Ministries of Welfare, Home Affairs, Legal Affairs, National Commission for Women, National Institute of Social Defiance, Indian Council of Child Welfare, Association for Social Health in India and three voluntary Organisations. A sub-committee was constituted to frame recommendations/plan of action for legal and non-legal approaches for the rescue and rehabilitation of child prostitutes. The Plan of Action has been finalised and accepted. The implementation machinery is being set up. | |
| Legal Provisions | ||
| 9.47 | The Government of India enacted the Suppression of Immoral Traffic in Women and Girls Act, 1956. In 1986 this Act was amended and provided enhanced penalties for offences involving children and minors. It continued to prohibit prostitution in its commercialised form without rendering prostitution per se an offence. Along with contemplating specialised machinery for enforcement, the Act envisages a comprehensive scheme for rescue, protection and treatment of prostitutes. | |
| 9.48 | The Substantive Law also has several provisions which have a bearing on curbing conditions responsible for prostitution. The Indian Penal Code includes sexual offences procurement of minor girls (Sec. 366A), importation of minor girl from foreign country (Section 366B), selling minors for purposes of prostitution (Section 372), buying minors, for purpose of prostitution (Section 373) as punishable by law. The Juvenile Justice Act, 1986 has elaborate provisions for the care, protection, treatment, education, vocational training, development and rehabilitation of children rescued from those procuring, inducing and taking persons for the sake of prostitution. | |
| 9.49 | The various provisions of the Immoral Traffic Prevention Act (ITPA) 1986 are to be enforced through the local police. As the Police already have many duties relating to the general criminal law, they have not been effective to take action under ITPA. There are reports also about protection money being paid by the prostitutes/brothel keepers to the local mafia and also to the local police. This along with vested interests ensure the continuance of this exploitative system. There is a need for special police officers to be notified for proper coordination between the enforcement and the welfare machineries. | |
| Drug Abuse | ||
| According to Article 33 of the Convention, the 'State shall take appropriate measures to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances. | ||
| 9.50 | Drug abuse and drug trafficking has become a global phenomenon. Various studies reveal that teenage children are falling prey to drug abuse knowingly or unknowingly. The Government of India has adopted a two-pronged strategy to tackle the problem of drug abuse. This includes supply-control and demand reduction. The supply-control aspect is taken care of by various Central Agencies like Customs, Excise, Central Bureau of Narcotics, C.B.I. etc. The Narcotics Control Bureau, established under Sec. 4 of the Narcotics Drugs and Psychotropic Substance Act, 1985 coordinates action taken by various Departments and Agencies in respect of matters relating to drug abuse control. It is the implementing authority in respect of various international conventions on drugs. The Ministry of Welfare has been given the responsibility of looking after the social welfare and educational aspects of drug addiction. | |
| 9.51 | The Narcotics Control Bureau is considering a proposal to amend the Narcotics Drugs and Psychotropic Substances Act to protect the children from illicit use of drugs and to award the highest level of punishment under the following situations i.e., when minors are affected by the offence or minors are used for commission of the offence, and when the offence is committed in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities. | |
| 9.52 | For achieving and above objectives, a Scheme of Assistance to Voluntary Organisations for Prohibition and Drug Abuse Prevention has been formulated. In this scheme grant-in-aid to the extent of 90 per cent of the total approved expenditure is provided to the voluntary organisations for providing a variety of services by setting up counseling centers, de-addiction centers, after-care centers de-addiction camps and organising awareness generation programs. | |
| 9.53 | The fundamental principal that a juvenile delinquent, more so a juvenile drug addict requires protective custody and not punitive custody has been recognized. Such protective measures have been incorporated in the legislation and are further being strengthened. | |
| 9.54 | A lot of work is being done on social awareness through mass-media including the traditional medium of puppet shows, street plays and television programmes and advertisement, pamphlets hoarding, handouts, booklets etc. The work of sensitising and creating social awarenes specially among children has been taken up as a part of advocacy under CRC. | |
| Drug Abuse Control (Demand Reduction) | ||
| 9.55 | In addition to the above supply reduction measures, strategy is also being formulated to bring about demand reduction though anti-drug campaigns and particularly through the National Master Plan for Drug Abuse Control.This is an outcome of close co-operation between the Ministry of Welfare, Ministry of Health and Family Welfare and the Narcotics Control Bureau with financial assistance for United Nations Drug Control Programme (UNDCP). | |
| Coordination Committee of Secretaries | ||
| 9.56 | A Narcotics Coordination Committee of Secretaries has been functioning with representation at Secretary level from Ministry of Home Affairs, Ministry of Welfare, Ministry of Health and Family Welfare and Ministry of Finance to take a holistic view of the problem of narcotics control and take suitable measures in this regard. | |
| X. CONCLUSION | ||
| The preceding chapters have presented the situation of children in India with reference to the provisions contained in various Articles of the Convention. India, presently, has an infrastructure available for translating the Convention's Provisions into reality in a phased manner, despite there being gaps in provisions available to the Indian Child under many Articles. | ||
| 10.2 | The efforts in the field of Child Development are a testimony to the Government of India's commitment to the cause of children. These mandates have resulted in planning of appropriate actions aimed at child-centred development, where children are just not recipients of benefits of services and programmes but the focus of development itself. | |
| 10.3 | The National Plan of Action for children is an important tool with the government, to monitor the progress of its own commitment. Concerted measures are being taken to achieve targets within the stipulated time frame. Some of the goals are well within reach, while in case of others much more needs to be done. With competitive demands from other sectors, resource scarcity is going to impose a serious constraint in achieving goals. Optimal utilisation and mobilisation of internal and external resources is thus being attempted. The measures to be adopted for achieving these goals require multi-pronged strategies to be initiated simultaneously. The process has already begun; it includes sharpening of strategies, strengthening of the implementation process, convergence of services, coordination and decentralisation of development activities. | |
| 10.4 | "Unless the life of the child in the family and community improves, all development efforts would be meaningless. There is, therefore, a need to raise awareness and create an ethos of respect for the rights of the child in society to meet his/her basic developmental needs. Advocacy and social mobilisation are two crucial processes which are being emphasised to achieve this end. With India's ratification of the UN Convention on the Rights of the Child, the 'rights approach' to child development is gradually gaining importance and will, henceforth, form the basis of Government's strategy towards child development." | |
| —India Country Report on the Convention on the Rights of the Child (1997) | ||
ABBREVIATIONS
AIDS |
Acquired Immuno Deficiency Syndrome |
ARI |
Acute Respiratory Infection |
ARWSP |
Accelerated Rural Water Supply Programme |
BCG |
Bacillus Calmette Guerin |
CARA |
Central Adoption Resource Agency |
CLASP |
Child Labour Action and Support Programme |
CRC |
Convention on the Rights of the Child |
CRSP |
Central Rural Sanitation Programme |
DPT |
Diptheria, Pertussis and Tetanus |
ECCE |
Early Childhood Care and Education |
ECE |
Early Childhood Education |
FNB |
Food and Nutrition Board |
HUDCO |
Housing and Urban Development Corporation |
IWY |
Indira Awaas Yojana |
ICDS |
Integrated Child Development Services |
ILO |
International Labour Organisation |
IMR |
Infant Mortality Rate |
IPEC |
International Programme for Elimination of Child Labour |
MCH |
Maternal and Child Health |
MMR |
Maternal Mortality Rate |
NFE |
Non-Formal Education |
NGO |
Non-Government Organisation |
NIN |
National Institute of Nutrition |
NIPCCD |
National Institute of Public Cooperation and Child Development |
NNMB |
National Nutrition Monitoring Board |
NNT |
Neonatal Tetanus |
NPCL |
National Policy on Child Labour |
NPE |
National Policy on Education |
NREP |
National Rural Employment Programme |
OPV |
Oral Polio Vaccine |
ORT |
Oral Re-hydration Therapy |
PEM |
Protein Energy Malnutrition |
PHC |
Primary Health Centre |
PHED |
Public Health & Engineering Department |
PIL |
Public Interest Litigation |
RBD |
Registration of Births and Deaths |
RGNDWM |
Rajiv Gandhi National Drinking Water Mission |
RLEGP |
Rural Landless Employment Guarantee Programme |
SAARC |
South Asian Association for Regional Cooperation |
TT |
Tetanus Toxoid |
UN |
United Nations |
UBSP |
Urban Basic Services for the Poor |
VCA |
Voluntary Coordinating Agencies |
