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Government of Assam
ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
ANNUAL REPORT
2011
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ACKNOWLEDGEMENT
On behalf of the Assam State Commission for Protection of Child Rights, I wish to extend my
heartiest thanks to Shri Tarun Gogoi, Hon’ble Chief Minister, Assam and Shri Akon Bora,
Hon’ble Minister of Social Welfare & Jail, for their able guidance and necessary support
thereby enabling the Commission to complete two successful years.
I would also like to thank, Dr. Himanta Biswa Sarma, Hon’ble Education Minister, Assam for
his support and cooperation I must mention Axom Sarba Siksha Abhijan Mission, which is
the implementing agency of RTE Act in the State, is not only providing financial support but
also working closely with the Commission to ensure that every child in the age group of 6 to
14 years gets the right to free and compulsory education.
I also take this opportunity to thank UNICEF, for extending their continuous help and support
in strengthening the Commission and in protecting the rights of the children in the State.
I wish to extend special thanks to Dr. Archana Mahendale and the entire team of Center for
Child and the Law, Bangalore for their constant help and cooperation to the Commission.
As you are all aware that the Commission has been monitoring the rights of the Children in
27 districts of the State. During the visits made by the Commission to various parts of the
State, the Commission has received overwhelming cooperation especially, from non-
governmental organizations (NGOs) and civil society members. Mention may be made of the
active role played by the Legal Cell for Human Rights which facilitated the first Public
Hearing organised by the Commission at Salona, Kaliabor, Nagaon district. And I hope to
receive such warm participation from NGOs across the state during the forthcoming Public
Hearings of the Commission. I thank all the NGOs for their dedication and commitment
towards protecting the rights of the children in the state.
I also thank the officials of various Govt Departments who are working closely with the
Commission in safeguarding the rights of the Children. As we all know that without the help,
cooperation and convergence of various stakeholders it is difficult to reach our objective of
making ‘a world fit for children’.
Dr. Suchitra Kakoty ChairpersonAssam State Commission for
Protection of Child Rights
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From the Desk of the Chairperson
This is the Second Annual Report of the Assam
State Commission for Protection of Child Rights
covering the period from January 1, 2011 to
December 31, 2011.
The First Annual Report of the Commission, for the
period from March 4, 2010 to December 31, 2010 was
forwarded to the State Government and the same was
placed before the Assam Legislative Assembly.
Annual report of the Commission serves as an
essential source of information on the child rights
situation in the state.
The Annual report, 2011 covers a gamut of issues which includes various programmes
undertaken by the Commission for ensuring the protection of Children’s rights in the state.
Some of the key issues taken up by the Commission period under report include child
labour, child in need of care and protection, child abuse, child marriage, child trafficking.
Apart from the aforesaid issues, the core area of Commission’s activity this year was
monitoring of Children’s Right to Education in the state, the mandate which is provided under
Sections 31 and 32 of the Right of Children to Free and Compulsory Education Act, 2009
(RTE Act). Monitoring of RTE, 2010 – 11 has been completed by the Commission and the
report will be submitted to the Government of Assam in due course. During the year, the
Commission has registered a number of cases on violation of Child Rights, majority of which
were related to violation of Right to Education.
Another noteworthy intervention of the Commission was in the conflict affected Goalpara
district where the Commission played a vital role in instilling the rights of the children
affected by the ethnic conflict between the Rabha and Garo Community residing in the
border districts of Assam and Meghalaya.
Through its participation in various national level consultations, the Commission has made
valuable contributions in formulation of various legislations and policies concerning rights of
the children of the Central Government.
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To generate literacy on child rights at the community level, the Commission organized
awareness programmes in various parts of the State. In addition to these programmes, the
Commission had organized various District and State Level Consultations on child rights.
In consultation with various stakeholders, the Commission has envisioned a comprehensive
action plan for the year 2012.
It is indeed a challenging task, but not an impossible one, to protect the rights of children. It
is our noble task to save our children who are vulnerable, dependent, in need of care and
protection, who are the future of the nation. It requires the flow of energy from each one of
us for the wellbeing of 420 million children between the age group of 0-18 years in our
country. It requires public debate and discussion on child rights.
Assam State Commission’s mission is important in the context of Resolution 7/29 on the
rights of child adopted in March 2008 by “its commitment to effectively integrate the right of
the child in its work and that of its mechanisms in a regular, systematic and transparent,
taking into account specific needs of boys and girls”.
It is also worthwhile to mention focussing the decisions given by Supreme Court of India in
1990 upholding the noble cause of a child’s right to education as being an integral part of the
right to life.
The role of ASCPCR in terms of the United Nations Human Rights Treaties and the
International Legal Obligations for the right to education is very significant. It has the
mandate to study treatise and other international instruments and undertake periodical
review of existing policies and programmes and other articles on child rights and make
recommendations for their effective implementation in the best interest of the children”. Also
the Commission has to analyse existing law, policy and practice to assess compliance with
convention on the rights of the child as well as ‘undertake and promote research in the field
of child rights”.
During two years of its existence the Commission hs been able to monitor almost sixty five
percent of elementary school in 27 districts. The Commission has been sending its reports
regularly to the concerned authority and the report on RTE Monitoring will be published
shortly. We have planned to conduct public hearing in ten districts. One public hearing has
already been conducted at Salonah in Nagaon Districts. Overcoming its resource limitations,
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the Commission is striving to achieve its objectives with the cooperation of public and
Government as well. We hope to make the Assam State Commission for Protection of Child
Rights one of the best performing Commissions of the Country in letter and spirit.
.
Dr. (Capt.) Suchitra Kakoty
Chairperson Assam State Commission for Protection of Child
Rights
CONSTITUTION OF ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
The Assam State Commission for Protection of Child Rights (ASCPCR), the second State
Commission in North East India was constituted under Section 17 of the Commissions for
Protection of Child Rights Act, 2005 read with Government of Assam Notification No. SWD
79/93/Pt. V/136 dated 4th March 2010 to protect, promote and defend child rights in the
state.
PRESENT MEMBERS OF ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
1. Dr. (Capt.) Suchitra Kakoty Chairperson
Dr. Suchitra Kakoty, MA, LLB, PhD is an educationist and litterateur of great repute. She
headed the Department of Education in Pragjyotish College, Guwahati and taught there
for over three decades. She was also a faculty member of the Department of Education,
(M.Ed), Gauhati University for few years. She has authored several books including text
books besides several research papers in psychology, education and social work. A
committed social worker, she was instrumental in establishing a good number of colleges,
schools, and youth and women organisations in Assam. Her area of interest includes child
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rights, women empowerment, youth issues, teachers training and motivation. In 1987 she
visited USSR on invitation of the Friends of Soviet Union. In 1995-96 Dr. Kakoty was
deputed by the Government of India and Canada World Youth to Canada as Project
Director under Youth Exchange Programme. She was also deputed by the Council for
Teacher Education (Bhopal) to Bangladesh (Dhaka) for “A Goodwill Mission” in 2004. She
was part of the ICSW delegates visiting Australia in 2007.
2. Mr. Rajeswar Sarma,
Member
Mr. Rajeswar Sharma, is a Post Graduate in Economics and LLB. He
rendered excellent service in Indian Air force from 1974 to 1989. Enrolled in
Bar Council of India in 1990 he dealt litigations in various fields in Gauhati High Court and
other courts for over two decades.
3. Mrs. Kalyani Das,
Member
Mrs. Kalyani Das has a teaching experience of over two decades. As well
known social activists she served as a Joint Secretary of Indian Council of Social Welfare,
Assam Branch. She is associated with several councils and boards.
4. Mrs. Runumi Gogoi,
Member
Mrs. Runumi Gogoi is a social activist. She is associated with several organisations working
for welfare of women and children in the state.
5. Mr. Pranjal Saikia,
Member
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Mr. Pranjal Saikia, a graduate from National School of Drama, New Delhi is well known
theatre and film personality. Besides being member of several national, regional and state
level socio cultural organisations, Mr. Saikia is a well known child activist.
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Overview of the Commission’s Mandate:
a) examine and review the safeguards provided by or under any law for the time being in force
for the protection of child rights and recommend measures for their effective implementation;
b) present to the State Government, annually and at such other intervals, as the Commission
may deem fit, reports upon the working of those safeguards;
c) inquire into violation of child rights and recommend initiation of proceedings in such cases;
d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism,
communal violence, riot, natural disaster, domestic violence, HIV/AIDS, trafficking ,
maltreatment, torture and exploitation, pornography and prostitution and recommend
appropriate remedial measures;
e) look into the matters relating to children in need of special care and protection including
children in distress, marginalised and disadvantaged children, children in conflict with law,
juveniles, children without family and children of prisoners and recommend appropriate
remedial measures;
f) study treaties and other international instruments and undertake periodical review of existing
policies, programmes and other activities on child rights and make recommendations for
their effective implementation in the best interest of children;
g) undertake and promote research in the field of child rights;
h) spread child rights literacy among various sections of the society and promote awareness of
the safeguards available for protection of these rights through publications, the media,
seminars and other available means;
i) inspect or cause to be inspected any juvenile custodial home, or any other place of
residence or institution meant for children, under the control of the Central Government or
any State Government or any other authority, including any institution run by a social
organisation; where children are detained or lodged for purpose of treatment, reformation or
protection and take up with these authorities for remedial action, if found necessary;
j) inquiry into complaints and take suo moto notice of matters relating to,-
i. deprivation and violation of child rights
ii. non-implementation of law providing for protection and development of children;
iii. non-compliance of policy decisions, guidelines or instructions aimed at mitigating
hardships to and ensuring welfare of the children and to provide relief to such
children,
or take up the issues arising out of such matters with appropriate authorities; and
k) such other functions as it may consider necessary for promotion of child rights and any other
matter incidental to the above functions.
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In addition to the above stated functions assigned to the ASCPCR, it also performs the
following functions;
examine and review the safeguards for rights provided by or under the Right of Children to
Free and Compulsory Education Act, 2009 and recommend measures for their effective
implementation;
inquire into complaints relating to child’s right to free and compulsory education; and
take necessary steps as provided under sections 15 and 24 of the Commissions for
Protection of Child Rights Act.
the ASCPR shall, while inquiring into any matters relating to child’s right to free and
compulsory education under clause (c) of sub-section (1) have same powers as assigned to
them respectively under sections of 14 and 24 of the Commissions for Protection of Child
Rights Act.
POWERS RELATING TO INQUIRIES
1) The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section
(1) of Section 13 have all the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely;-
a) summoning and enforcing the attendance of any person and examining him on oath;
b) discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public record or copy thereof from any court or office; and
e) issuing commissions for the examination of witnesses or documents
2) The Commission shall have the power to forward any case to a Magistrate having
jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall
proceed to hear the complaint against the accused as if the case has been forwarded to him
under section 346 of the Code of Criminal Procedure , 1973 (2 of 1974).
STEPS AFTER INQUIRY
The Commission may take any of the following steps upon the completion of an inquiry held
under this Act, namely;
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a) where the inquiry discloses the commission of violation of child rights of a serious
nature or contravention of provisions of any law for the time being in force, it may
recommend to the concerned Government or authority the initiation of proceedings
for prosecution or such other action as the Commission may deem fit against the
concerned person or persons;approach the Supreme Court or the High Court
concerned for such directions, orders or writs as that court may deem
necessary;recommend to the concerned Government or authority for the grant of
such interim relief to the victim or the members of his family as the Commission may
consider necessary.
GROUNDS ON WHICH COMPLAINT MAY BE LODGED
Child Labour
Child Abuse
Child Marriage
Children in Difficult Situation
Children in Need of Care and Protection
Child Trafficking
Violation of Right to Education
Corporal Punishment
Death of Child Due to Torture and/or Negligence Under Various Circumstances
Violation of Legal Rights of differently abled Children
Any other cases related to child not mentioned above
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WHO CAN LODGE A COMPLAINT
The victim or any person on his behalf may lodge a complaint before the Commission. No
Fee or any stamp is required for this. The Commission also entertains complaint sent by
post, Fax, Telephone, and Email etc.
However, the Commission may take Suo Moto Action from any news report /news item.
WHOM TO ADDRESS THE COMPLAINT
The Complaint may be addressed to the Chairperson, Assam State Commission for
Protection of Child Rights. The Commission is located at :
Jayanagar, Sixmile, Guwahati-781022 Phone & Fax: 0361-2220283 E-mail: [email protected]
PROCEDURE FOR FILING A COMPLAINT
No formal procedure is required for filing a complaint before the Commission. Mere writing a
letter to the Commission is sufficient and it may be written in any of the languages set forth
in Schedule VIII of the Constitution of India. While making a complaint the following should
be kept in mind;
it should contain detail information
it should be clear and legible
it should be genuine
it should not be vague, anonymous or pseudonymous
it should not relate to service matters
it should not relate to civil matters, such as property rights, inheritance, contractual
obligations etc.
MATTERS NOT SUBJECT TO THE JURISDICTION OF THE STATE COMMISSION
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The Commission shall not inquire into any matter which is pending before a State
Commission or any other Commission duly constituted under any law for the time being in
force.
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ACTIVITIES OF THE COMMISSION (Blank page with background Photo)
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Activities of the Commission:
District Level Awareness on Right of Children and Social Responsibility in
Kamrup (Rural) Assam State Commission for Protection of Child Rights organised an awareness
camp on Child Rights and Social Responsibility in Dagaon at Charipukhuri M.E
School under Kamrup Rural District on 3rd July, 2011. Besides the Chairperson Dr.
Suchitra Kakoty, Member Mrs. Kalyani Das, Member Secretary Mrs. Neera Gogoi
Sonowal, noted writer, script writer, director and lyricist Ms. Eli Ahmed graced the
occasion and spoke extensively on various rights of Children and the responsibility of
society in protecting these rights. More than 500 participants attended the camp.
Awareness Meet at Dagaon, Kamrup on Child Rights and Social Responsibility
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District Level Awareness on Right of Children to Free and Compulsory Education Act
2009, in Dhubri.
A four member team of Assam State Commission for Protection of Child Rights comprising
of Dr. Suchitra Kakoty, Chairperson, Mrs. Kalyani Das, Mr. Pranjal Saikia, Members and Mr.
Chandan Barman, Consultant of the Commission, visited Dhubri district. Besides monitoring
schools in Batarhat under Agomoni educational block, the visiting team interacted with the
parents, guardians and community leaders of the area and also attended an awareness
camp on Right to Education organised by Sishu Adhikar Surakha Samity, a local NGO. The
awareness camp was attended by more than 600 villagers.
Awareness Meet on Right of Children to Free and Compulsory Education Act 2009, at
Agomoni in Dhubri, 2011
The Chairperson spoke extensively on various rights of children with special reference to
right to education. She also briefed the participants about the powers and functions of the
Commission. Members of the Commission Mrs. Kalyani Das and Mr. Pranjal Saikia also
spoke on various issues of child rights. The Commission received 17 written complaints from
the villagers on the spot.
MONITORING AND EVALUATION PROGRAMMES
As a part of its mandate, the Chairperson, Members and officials of Assam State
Commission for Protection of Child Rights visited Nagaon, Sivasagar, Sonitpur, Dhubri,
Tinsukia, Karbi Anglong, Kokrajhar, Jorhat, Kamrup and Morigaon Districts for monitoring
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of RTE activities in the schools. During its visit the Commission monitored various norms
and standards as set forth by the Right of (Free and Compulsory) Education Act, 2009.
During its visit, the Commission observed that certain norms are being violated in the
schools. None of the teachers of the
composite schools has undergone
any orientation/training on RTE. The
Commission observed that although
the teachers of LP and ME schools
have undergone orientation on RTE,
they
are yet to internalise the true essence
of the RTE Act. As a fallout of this,
practices of physical punishment or
mental harassment were found in several schools. The Commission came across cases of
violation of Section 3 (2) of RTE Act which says that no child shall be liable to pay any kind
of fee or charges or expenses which may prevent him or her from pursuing and completing
the elementary education. It was also found that free text books for students did not reach in
many schools of the State on time.
After its visits the Commission apprised its observations and recommendations to the
concerned authorities of the State including Mission Director, Axom Sarba Siksha Abhiyan
(SSA), Commissioner & Secretary, Department of Education (E&S), Director of Secondary
Education, Director-Elementary Education, District Mission Coordinators of SSA, District
Elementary Education Officer (DEEO) etc. The Commission directed the concerned
authorities to take necessary steps for fulfilling the norms and standards as per the RTE Act,
2009 and to furnish a report at the earliest.
PUBLIC HEARING
Public Hearing on RTE at Salonah, Koliabor Sub-Division, Nagaon District, 24th
October, 2011. Assam State Commission for Protection of Child Rights (ASCPCR) organised its first ever
“Public Hearing on Right to Education”, on September 24, 2011 at 11a.m. at Salonah under
Kaliabor Sub-Division in Nagaon district of Assam, which was facilitated by the Legal Cell for
Deplorable condition of classroom
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Human Rights (LCHR), a Guwahati based voluntary organization. The hearing was attended
by Dr. Suchitra Kakoty, Chairperson and Mr. Pranjal Saikia, Member of ASCPCR.
Concerned officials from Block, District and State Level also attended the hearing.
Public Hearing at Salonah, Nagaon
More than 500 people attended the Public Hearing. 32 written complaints were received by
the ASCPCR on various issues in connection with the implementation of Right to Education.
In a five-hour long “Public Hearing”, 12 complaints were taken up in the presence of both the
parties and directions were given to the concerned district authority to take necessary steps
immediately in this regard and submit report to the Commission within a month from the date
of hearing.
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INTERFACE WITH GOVERNMENT Meeting with Department of Elementary Education, Govt. of Assam on implementation
of RTE. The Assam State Commission for Protection of Child Rights organized a meeting in its office
on 21st June, 2011 to discuss the matters relating to implementation of RTE in the State. The
meeting was attended by Commissioner & Secretary (Elementary Education) Government
of Assam, Director of Elementary Education & SCERT, Executive Director of SSA, State
Programme Officer, Members and Officials of the Commission . Vital issues concerning
implementation of RTE Act, 2009 were discussed. The Chairperson placed the major
observations of ASCPCR regarding prevalence of corporal punishment, collection of fees,
poor state of sanitation and lack of safe drinking water facility, pupil-teacher ratio, and late
receipt of text books by the schools across the state.
Furthermore, the issue of Mid Day Meals in the schools of the State was also discussed. The
Commissioner & Secretary (Elementary Education), Govt. of Assam pointed out the
underlining issues which were causing delay in implementation of the RTE Act, 2009. He
also pointed out that, apart from the authorities, the teachers, School Management
Committees and the community in general should also share responsibility to implement the
provisions of RTE Act, 2009. Regarding collection of fees by some of the government
schools, the Director of Elementary Education, Assam stated that in every meeting with the
district elementary education officer and inspector of schools, they were informed that no
fees are to be collected from the students. The Executive Director, SSA assured that utmost
care will be taken so that the unprecedented delay in distributing books in the schools of the
state would not happen from the next academic session. The Commissioner & Secretary,
Education (Elementary), Director-Elementary Education, Executive Director- SSA assured
the Chairperson, ASCPCR that they will work together to solve the problems. They also
sought the help and coordination of the Assam State Commission for Protection of Child
Rights to make RTE Act, 2009 a success in the state.
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Meeting with Hon’ble Minister of Social Welfare, Sjt. Akon Bora.
On 3rd August, 2011 Hon’ble Minister of the Department of Social Welfare & Jail, Sjt. Akon
Bora initiated the review meeting of Assam State Commission for Protection of Child Rights.
Chairperson, Dr. Suchitra Kakoty, Members of the Commission Mr. Rajeshwar Sharma, Mrs.
Kalyani Das , Mrs. Runumi Gogoi and Mr. Pranjal Saikia and Member Secretary Mrs. Neera
Gogoi Sonowal were present in the meeting. Secretary, Mr. Haren Bora and Deputy
Director, Department of Social
Welfare were also present in the
meeting. Sjt. Akon Bora took stock
of the activities of the Commission
and assured all help and
cooperation for the smooth
functioning of the Commission.
Meeting with Hon’ble Minister of Education, Dr. Himanta Biswa Sarmah
On 27th September, 2011, Dr. Suchitra Kakoty, Chairperson of Assam State Commission for
Protection of Child Rights along with Mrs. Kalyani Das and Mr. Pranjal Saikia Members of
the Commission met Dr. Himanta Biswa Sarmah , Hon’ble Minister of Health, Education and
Assam Accord. The Chairperson apprised the Hon’ble Minister about the RTE monitoring
activity undertaken by the Commission. The visiting delegates submitted a report of the first
Public Hearing on RTE held at Salonah under Koliabor Sub-Division of Nagaon District.
The Chairperson also discussed about setting up of a Child Help Line in the Commission.
The Hon’ble Minister appreciated the activities of the Commission and assured the
Commission that the Education Department will give its full support and cooperation to
implement the Right of Children to Free and Compulsory Education in the State. Further he
Meeting with Ho'ble Minister of Social Welfare & Jail, Sjt. Akon Bora at Commision’s Office.
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also assured that the Education Department will help the Commission in setting up of the
Child Help Line in the Commission.
Meeting with District Authorities, Dhubri District.
On 31st October, 2011 the Assam State Commission for Protection of Child Rights held a
meeting with the concerned District Education Officials in the presence of the Deputy
Commissioner and Assistant District Commissioner of Dhubri. During the meeting, the
Chairperson apprised the observations of the Commission and stressed on fulfilling the duty
of various officials in imparting quality education to the children in the district.
Meeting with Deputy Commissioner and other officials at Dhubri
The Chairperson convened another meeting in the circuit house on 31st October, 2011 at
5.30 P.M. The meeting was attended by DC, ADC, Assistant Labour Commissioner, District
Social Welfare Officer Dhubri, Chairperson and Members of Child Welfare Committee and
Members of Juvenile Justice Board besides officials of district education department. A
detailed discussion on various problems like absence of children home in the district, single
teacher schools, child labour, child marriage etc. took place. The meeting ended with
various suggestions and recommendations given by the Chairperson of ASCPCR. Further
the Deputy Commissioner of Dhubri directed the Assistant Labour Commissioner to form
Child Labour Task Force immediately and assured the Commission that the district
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administration will follow the suggestions and recommendations of the Commission for
protecting the rights of the children in the district.
Meeting with District Authorities, Sonitpur District.
On 22nd November, 2011 Assam State Commission for Protection of Child rights (ASCPCR)
held a meeting at the Deputy Commissioner’s Conference Hall with Addl. Deputy
Commissioners, District Elementary Education Officer, Block Elementary Education Officers,
Executive Engineer-P.H.E, Asst. Labour Commissioner, Addl. S.P, Members of Child
Welfare Committee and representatives of various NGOs were present in the meeting.
During the meeting, Commission’s Principal Investigator of RTE Monitoring of the District
presented the report. The report depicted the scenario of the RTE activities of the district and
illustrated various observations and recommendations.
Emphasizing on the findings of the Principal Investigator, the Chairperson also spoke on the
poor implementation of the RTE Act in the District. The officials of Education Department
also mentioned about various problems in implementing the RTE Act. The representatives of
NGO pointed out various issues of child rights violation, apart from Right to Education.
Child Labour is also is a major problem in the District. Though the Child Labour Task Force
has been constituted on August, 2010, it is not functional. The Chairperson of ASCPCR
recommended the District Authorities to activate the Child Labour Task Force. The Addl.
Deputy Commissioner assured the Chairperson that he will take all necessary steps to
activate the Child Labour Task Force and instructed the Asst. Labour Commissioner to
submit a report in this regard.
Some of the important meetings organised by the Commission
Consultation on Child Rights and the 12th Five Year Plan.
On 21st July, 2011 a consultation on child rights and 12th five year plan was organised by
Alok Prayas in collaboration with Assam State Commission for Protection of Child Rights in
Guwahati. The consultation was chaired by Mr. Amod Kanth, Chairperson ,Delhi
Commission for Protection of Child Rights , Smti Rashmi Singh, Executive Director of
National Mission for Women Empowerment, Mr. Rajiv Louchan Duwara, Director, Social
Welfare Department, Govt. of Assam, Mrs. Kalyani Das and Mr. Rajeswar Sharma,
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Members of Assam State Commission for Protection of Child Rights and representatives
from various organisations working on issues relating to children were present in the
consultation.
The following suggestions came up during the consultation:
1. Involvement of Government Department including PRI structure, ICDS workers etc in
the anti-trafficking campaigns. The existing SHG network, women’s groups, local
CBOs need to be orientated about trafficking. More and more attention has to be
given to the Tea garden and Hill areas.
2. Formation of village level Committee to monitor the movement of child going out for
domestic work or marriage. Proper maintenance of register by the village level
committee for such purpose.
3. Training/orientation of teachers/panchayats, police personnel, anganwadi workers,
mahila mandals and NGOs on issues relating to protection of children.
4. There is a need to develop an institutionalized system of coordination between law
enforcement agencies and nongovernmental organizations.
5. Launching of special schemes for the victims of child trafficking by the Central/State
Government.
6. There is need to have a greater coordination among the government departments
like police, social welfare and health.
7. Proper implementation of National Child Labour Project in all the districts of Assam.
More and more involvement of Nongovernmental organizations in the governmental
activities relating to implementation of national child labour project. Formation of task
force and its active involvement in combating the child labour. Proper monitoring of
the activities of national child labour project by an independent body of Central
Government.
8. Implementation of RTE Act in its true spirit. Proper coordination of various
departments at state and district level for right to free and compulsory education.
9. Setting up of more children homes under the Juvenile Justice Act with adequate
requisite facilities and basic amenities.
10. The North Eastern Region has fallen victim of nagging internal conflict, this has left a
negative impact on the society at large, and especially, on the children. As a result of
ethnic violence, a large number of people of the region are displaced from their
homes and have been living in relief camps for more than a decade now. But
unfortunately, there is no policy or scheme to specifically address their unique
problems. For instance in case of Bodoland Territorial Autonomous Districts Council
which witnessed ethnic conflict in 1989, 1996 and 1998 leading to displacement of
thousands of people is yet to provide rehabilitation to the conflict induced Internally
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Displaced Persons (IDPs). As a result the IDPs who were between the age of 8-14
when the conflict took place, had to give up their studies as they were compelled to
live within the confinements of the relief camps.
Over the years a considerable number of IDPs have grown up without education or
any vocational training. Therefore, there needs to be a special consideration for
children affected by conflict, who have been neglected for years now, by launching
more need based welfare schemes.
Meeting with UNICEF to strengthen ongoing partnership
On 29th July, 2011 a meeting on strengthening of the on-going UNICEF- ASCPCR
partnership was held at ASCPCR office.UNICEF Team consisting of Ms. Jeroo Master,
Chief-UNICEF Field Office, Ms. Pramila Manoharan, Education Specialist and Mr.
Vedprakash Gautam, Child Protection Officer attended the meeting. Dr. Suchitra Kakoty and
Ms. Jeroo Master discussed the need for greater sharing of information and collaboration
between UNICEF and the Commission and expressed that such sharing would be helpful in
greater coordination between the Commission and UNICEF for achieving the coveted
objectives for the protection of rights of children in the state. Other highlights of the meeting
were constitution of a Right To Education Cell, need to sensitise public on child rights and
child protection issues.
Celebration of Children’s Day in Guwahati:
On the occasion of Children’s Day, a day long colourful programme was organized by
Assam State Commission for Protection of Child Rights in Guwahati Refinery High School,
Noonmati. Students of the School participated in various competitions like recitation,
Bhupendra Sangeet, singing, go as you like etc. Soon after the programme, a meeting was
held in the School auditorium. Hon’ble Minister, Department of Social Welfare and Jail, Sjt.
Akon Bora graced the occasion as Chief Guest. The meeting was chaired by Dr. Suchitra
Kakoty, Chairperson of Assam State Commission for Protection of Child Rights. Members of
the Commission Shri Rajeswar Sharma, Smt. Kalyani Das, Smt. Runumi Gogoi and Shri
Pranjal Saikia were also present besides government officials, teachers and parents. After
the felicitation ceremony, Hon’ble Chief guests and other guests and officials paid their
homage to Pandit Jawahar Lal Nehru and Music Maestro Dr. Bhupen Hazarika. The Head
Master Shri Prabin Chandra Barman welcomed all the dignitaries and thanked the
Page | 24
Commission for celebrating the Children’s Day in the School, in a befitting manner.
Hon'ble Minister of Social Welfare & Jail Sjt. Akon Bora delivering his speech on Children’s Day
During his interactive session with the children, Hon’ble Minister spoke on the significance of
the day and discussed about the rights of the children. He also lamented the fact that there
are many children who are deprived of their basic rights. He further informed the participants
that Assam Government has constituted the Assam State Commission for Protection of
Child Rights to ensure the protection of children’s right in the State. Hon’ble Minister also
lauded the functioning of the Commission.
In her speech, Dr. Suchitra Kakoty spoke extensively on various rights of children and the
role of the commission in protecting their rights. She also said that since its inception, the
Commission has been working for the protection of the rights of children in the state and has
registered and settled number of complaints on child rights violation.
Shri Pranjal Saikia and Shri Rajeswar Sharma also spoke on the occasion. The programme
ended with vote of thanks offered by Smt. Runumi Gogoi.
Photo to be inserted.
State level Round Table discussion on Child Rights on November 30, 2011.
Assam State Commission for Protection of Child Rights organized a State Round Table
Discussion on Child Rights on 30th November, 2011. The State Round Table Discussion was
supported by UNICEF and was facilitated by the Centre for Child and the Law, National Law
School of India University, Bangalore.
Page | 25
The State Round Table Discussion was attended by civil society members from various
parts of the state. The valedictory session was attended by Mr. G.K Kalita, Labour
Commissioner, Govt. of Assam, Dr. Bandana Bhuyan, Regional Director NIPCCD, Mr. Rajib
Lochan Duarah, Director Social Welfare, Govt. of Assam, Dr. Uchcharan Deka Director -
Elementary Education, Govt. of Assam, SSA officials, UNICEF officials. Mr. HK Sharma
Commissioner & Secretary, Govt. of Assam, Social Welfare Departmentgraced the
discussion as the Chief Guest.
Dr. (Capt) Suchitra Kakoty, Chairperson, of ASCPCR in her address shared the progress
and key achievements of the Commission. Dr. Kakoty also highlighted the works of the
Commission since its inception and the challenges ahead.
After a daylong round table discussion the ASCPCR presented the following
recommendations for the Assam Government .
Recommendations for the Government of Assam:
To clarify the role of NCLP within the context of RTE.
To disburse the funding allocated for various programmes meant for children and
resources to statutory institutions including the SCPCR, CWCs and JJBs and others.
To develop protocols between institutions working in the area of child protection.
To decentralize CWCs at sub-district levels.
To establish grievance redressal mechanism for child right’s victim.
To have a policy on Early Childhood Care and Development (ECCD) and include it in
RTE.
To initiate and strengthen and integrated Child Tracking system.
To include tea garden schools in RTE.
To implement RTE provisions- multi language learning, Pupil Teacher Ratio (PTR) ,
infrastructure, fulfillment of duties by the teachers.
To set up health centres and mental health facilities at school level for awareness,
check-ups, remedial services.
To address issues arising out of lack of uniform age (14 years in Child Labour Act
and 18 years in JJ Act)
To produce Information, Education and Communication material for spreading
awareness at local level on programmes, scheme and problems relating to Child
Rights.
Page | 26
To use the Self Help Groups (SHGs) for implementation of programmes like MDMS
and also adolescent education.
State Round Table Discussion on Child Rights on November 30, 2011 at NIPCCD, Guwahati
The discussion ended with vote of thanks delivered by Mrs. Kalyani Das, Member, ASCPCR.
SEMINARS and PROGRAMMES ATTENDED BY THE COMMISSION
Attended National Social Science Congress in Kolkata.
A National Social Science Congress on strengthening the Democratic Institutions in India
was organised by Peoples Forum for Peace & Democracy in Kolkata from 18th to 20th
February, 2011.
Page | 27
Dr. (Capt) Suchitra Kakoty, Chairperson, Assam State Commission for Protection of Child
Rights (ASCPCR) along with consultant Urmimala Sengupta attended the National Social
Science Congress.
Dr. Kakoty spoke extensively on the role of ASCPCR in protecting the rights of the children.
She also stressed on the need of instilling democratic values in the evolving minds of
children. In this regard she highlighted the role of parents, teachers and the members of civil
society organisations, She appreciated the Bal and Shishu Panchayats, functioning in
various parts of the country, including Assam. Dr. Kakoty further underlined the importance
of peace education, which she stressed should be made an integral part of the existing
curriculum.
The National Social Science Congress was attended by eminent parliamentarian Shri
Somnath Chatterjee, former Chief Justice of India, Justice, Ahmedi, Justice Ashok Agarwal,
Justice Somoresh Banerjee, besides eminent political personalities, academicians,
journalists, representatives from business and corporate houses, students and youth
leaders.
Attended National Consultation on RTE Act, 2009 in New Delhi.
A National level workshop on sharing of experience and strategy for monitoring the
implementation of RTE Act, 2009 was organized by Delhi Commission for Protection of Child
Rights on 28th February, 2011 at New Delhi.
Prof. Santha Sinha, Chairperson, National Commission for Protection of Child Rights and
Prof. Kiran Walia, addressed the workshop.
Dr. (Capt.) Suchitra Kakoty, Chairperson of Assam State Commission for Protection of Child
Rights (ASCPCR) along with the member of ASCPCR, Md. Mustafa Shahidul Islam and
Consultant of ASCPCR Mr. Chandan Barman participated in the workshop. Chairperson and
members from other state Commissions were also present in the workshop. Dr. Kakoty
briefed about the activities and action plan of ASCPCR besides taking active part in mapping
out a strategy on monitoring the implementation of RTE Act, 2009.
Chairperson ASCPCR with Somnath Chaterjee, Justice Somoresh Banerjee and others at National Social Science Congress, Kolkata
Page | 28
Lecture on Child Rights and Social Responsibility
On 28th May, 2011 Chairperson of ASCPCR, Dr. Suchitra Kakoty delivered the Paresh
Baishya Foundation Lecture on ‘Child Rights and Social Responsibility’ organised at
Guwahati Press club. National Consultation on RTE organized by Ministry of Human Resource Development.
At the consultation the participants were divided into groups and were assigned to work on a
matrix prepared by the organisers. This was done with the aim of reaching some consensus,
as to whom; the victim would first address his/her complaint regarding various issues
covered under RTE.
However, due to time constraint each group decided to present their views regarding Section
32 rather than working on the matrix. Each group made its presentation to the Minister of
Human Resources and Development, Govt of India Mr. Kapil Sibal.
One of the groups suggested that when and where the complaint is of serious nature the
identity of the complainant be reserved. It was also suggested by this group that if any state
comes out with a fixed matrix it should be published in a booklet form so that the
complainant knows which official is to be approached for a particular problem. While
another group suggested that irrespective of who entertains or registers the complaint there
should be clear and transparent guidelines on financial flow.
Besides these some other important suggestions which came up in the consultation was in
order to make the grievance redressal mechanism truly effective all states should notify
SCPCR/REPAs and wherever it already exists they need to be strengthened and made
functional by removing barriers in the form of absence of Rules, financial allocation etc..
Proper training and orientation of the local authorities who will receive the complaint at the
local level should be ensured.
In addition, Chairperson, NCPCR, Ms. Santha Sinha stressed that SCPCRs should work on
confidence building measures with the aim of bringing a sense of positivity with regards to
implementation of the historic Act. She suggested that networking with NGOs can be an
effective way of ensuring proper implementation of the Act. She also added that mobilising
the youth and community leaders would leave a positive impact on the implementation of the
Act.
The consultation ended with an appreciative and encouraging note from the HRD Minister.
Page | 29
Participation in the National and Regional Consultation on “Protection of Children from Sexual Offences Bill, 2011”, at Delhi and Kolkata.
Dr. (Capt.) Suchitra Kakoty, Chairperson of Assam State Commission for Protection of Child
Rights (ASCPCR) along with member of ASCPCR Ms. Kalyani Das and Consultant of
ASCPCR Mr. Chandan Barman participated in the two day recently held National
Consultation on Protection of Children from Sexual Offences Bill, 2011 at National Law
University, Delhi from June 14 to June 16, 2011. Mr. Veerappa Moily, Law Minister, Govt of
India was the Chief Guest of the Consultation. The consultation was held basically to define
and penalise a range of commonly occurring sexual offences against children, with
appropriate punishments and provision for a Special Court to try such offences, while
adopting child friendly procedures and balancing the needs of fair trial for adult offenders
and for matters connected therewith or incidental thereto.
Considering the present scenario of Assam State, the Chairperson Dr. Kakoty forwarded
various suggestions and recommendations to the existing draft which were accepted by the
panel. The Commission has also put forwarded its suggestions to some other existing
provisions of the Draft Bill.
National Consultation on Protection of Children from Sexual Offences Bill, 2011 at Delhi
Page | 30
In another Regional Level Consultation jointly organized by National Commission for
Protection of Child Rights and National University of Juridical Sciences, Kolkata on the same
draft Dr. Suchitra Kakoty, Chairperson, ASCPCR along with Mr. Chandan Barman,
Consultant also participated which was held on
Attended meeting on Child Trafficking organized by CID, Assam.
On 7th September, 2011 Chairperson of ASCPCR Dr. Suchitra Kakoty attended a state level
training of trainers on combating human trafficking by Criminal Investigation Department ,
Assam. She spoke at length on concepts of human trafficking and existing responses to
human trafficking.
On 14th September, 2011 Women Development Centre organised a programme
commemorating the International Girl Child day in Guwahati. Chairperson of ASCPCR, Dr.
Suchitra Kakoty graced the occasion as Chief Guest. In her speech, Dr. Kakoty spoke
extensively on gender equality and the importance of educating girl child.
Attended International Colloquium on Children and Governance in New Delhi.
Dr. Suchitra Kakoty, Chairperson of ASCPCR and Urmimala Sengupta Consultant
participated in the International Colloquium On Children and Governance held in New Delhi
from November 9, 2011 to November 11, 2011. Gamuts of issues were discussed in the
Colloquium. However, the issue involving Children in conflict affected areas was left out. It
was suggested by the Chairperson Dr. Kakoty that this issue needs equal importance and
attention as without addressing the issues of conflict, there cannot be peace and without
peace there cannot be any development. The organisers and participants lauded the
suggestion.
Following are the key issues that emerged from the discussion:
Need for harmonization of Laws involving children.
Independent monitoring system to be set up and those existing ones should be
strengthened.
Involve academia and media to get evidence on issues relating to children.
Knowledge sharing and advocacy on child rights issues
. Consolidate a robust data base on Children.
Government institutions should track if children are denied access to services.
Page | 31
Monitor the use of special provisions for the marginalized.
Community communications design in a programme so that they know their entitlements.
Capacity building for functionaries.
Empower the local government structures and build their capacities.
Create indicators to measure child friendliness of governments and evolve them constantly.
These indicators should be factual, credible, professional and validated.
Build public opinion on matters concerning children.
Need to institutionalise children’s participation in school committees and local governance.
Need to put the face of child in governance issues.
Intervention of the Commission in ethnic conflict affected areas of Goalpara District for protection of Child rights.
A team consisting of child protection consultants Urmimala Sengupta and Chandan Barman,
of the Assam State Commission for Protection of Child Rights (ASCPCR) visited the victims
of Garos and Rabhas ethnic conflict living in the relief camps of Goalpara District of Assam.
The team took an appraisal of the living condition of the children there. The team from
ASCPCR visited 24 relief camps in the district. During the visit it was found that a
considerable number of children (253 in total) sheltered in the relief camps of Goalpara
districts were candidates of the forthcoming examination under the Secondary Education
Board of Assam and
Meghalaya Board of
Secondary Education)
and Council (Assam
Higher Secondary
Education Council). In
most cases these
children have either lost
their books or due to lack
of proper study
environment they were
not in a position to
prepare for the
forthcoming
examinations. ASCPCR
had called for a prompt CHILDREN AT NIBARI RELIEF CAMP
Page | 32
effective action from the district administration on the matter and accordingly the students
appeared in their exams.
The Chairperson of ASCPCR Dr. (Capt.) Suchitra Kakoty, and member Smt. Kalyani Das,
Smt. Jhunu Neog, Deputy Director, Social Welfare Department, Smt. Deepali Devi, Under
Secretary, Government of Assam, Department of Social Welfare along with a team from
National Commission for Protection Child Rights, New Delhi consisting of the Registrar Shri.
B.K. Sahu, Shri. Ramanath Nayak, Senior Consultant and Shri. Vedpal Khetri, PPS, visited
Nibari relief camp in Goalpara district and took appraisal of the condition of children living
there. Later the visiting team had a meeting with the district officials in Dudhnoi. In the
meeting, the officials were directed to take immediate measures to ensure that the
candidates living in the relief camps of Goalpara District can appear in their forthcoming
Board and Council examinations. Further, the district officials were also directed to make a
comprehensive list (age wise categorization of children) of children living in the relief camps
so as to provide
special care and
protection according to
their age.
CHAIRPERSON ASCPCR, REGISTRAR NCPCR & OTHER OFFICILAS AT RELIEF CAMP
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Research Studies of the Commission:
(A) Universalisation of Elementary Education among the Tea Tribes of Assam: With
Special Reference to Jorhat District:
The broad objective of the research study was to evaluate the status of elementary
education in the tea gardens of Jorhat District. On behalf of the Commission Dr. Nirmala
Sharma, Rtd. Principal, State Institute of Education, Assam, conducted the study. Using the
random sampling method, data for the study was collected from two educational blocks
consisting of 55 tea gardens.
Some of the major findings of the study are:
In the tea garden areas, the percentage of enrolment of children in the age group of 6
to 14 was found to be 91.4 percent. The percentage of girl child enrolment
outnumbered the boy child.
Although the enrolment rate was found to be encouraging , the overall performance
of the students was not satisfactory.
The school infrastructures in the tea garden schools were found not to be
satisfactory.
65 percent of the schools in the tea garden do not have playground.
Though 96 percent schools have hand pumps, majority of them are non functional.
Some of the important suggestions:
Child participation among the age group of 10 to 14 needs some special effort.
The quality of education should be improved by appointing trained teachers.
Proper arrangement for adequate and safe drinking water should be made.
(B) Present Condition of Child Workers in Guwahati City
The broad objective of the research study was to find out the condition of child labours in
Guwahati City. On behalf of the Commission Dr. Renu Devi, Former Dean Faculty of Arts,
Page | 34
Gauhati University, Assam conducted the study. The researcher selected 100 samples from
Lakhra, Fancy Bazar, Krishna Nagar (Zoo Road), Silpukhuri, Ganeshguri, Panbazar, Uzan
Bazar, Railway Station areas of Guwahati City, which are busy commercial areas.
Some of the major findings of the study are:
The study showed that 90 percent of the child labours migrated from rural areas of
Assam, Bihar, Orissa and , West Bengal.
It was found that many of the child labours migrated to Guwahati City due to
communal conflicts and armed struggle in their villages.
Most of child labours are subjected to social insecurity and mental stress in the city.
They are subjected to economic exploitation, ill treatment and job insecurity.
Place of work is unhealthy and unhygienic.
Some of the important suggestions based on the findings of the study:
Keeping in mind the role of non-formal education and vocational training in
elimination of child labour, more such centres should be established.
As elimination of child labour needs multi pronged approach, coordination,
collaboration and cooperation among stake holders are indispensable.
Proper monitoring of various policies and programmes of the government relating to elimination of Child labours is of utmost importance and necessary.
Page | 35
Recommendations of the Commission to Government of Assam (Blank page with background Photo)
Page | 36
Recommendations to Government of Assam
Provide and define child participation in the policies, guidelines, laws meant for
children. Ensure Child participation while making laws, policies that are meant for
them.
Set up children’s courts in the State.
To establish monitoring mechanisms for MDMS and other programmes
To strengthen SMCs and build their capacities for preparing School Development
Plans.
To provide training and capacity building to all functionaries at the local, district and
state levels on Child Rights Issues.
The Commission recommends that the concerned department should issue
notification/ direction regarding ban on collection of fees up to elementary level in all
government schools. And ensure that such notification reaches all the schools
especially the composite schools in the state.
Inspection of schools should be regularised throughout the state.
Safe drinking water should be provided in all schools.
Importance should be given to co-curricular activities and ensue right of the children
to participation.
The Commission also recommends the concerned officer to ensure that no child be
subjected to corporal punishment.
Provision for separate functional toilets with necessary arrangements for boys and
girls be made immediately in all the schools.
Involvement of Government Department including PRI structure, ICDS workers etc in
the anti-trafficking campaigns. The existing SHG network, women’s groups, local
CBOs need to be orientated about trafficking. More and more attention to be given to
the Tea garden and Hill areas.
Formation of village level Committee to monitor the movement of child going out for
domestic work or marriage. Up to date maintenance of proper register by the village
level committee recording such movement of child should be mandatory.
Training/orientation of teachers/panchayats, police personnel, anganwari workers,
mahila mandals and NGOs on issues relating to protection of children.
There is a need to develop an institutionalized system of coordination between law
enforcement agencies and nongovernmental organization
Page | 37
Launching of special schemes for the victims of child trafficking by the State
Government.There is need to have a greater coordination among government
departments like police, social welfare and health.
Proper implementation of National Child Labour Project in all the districts of Assam.
More and more involvement of Nongovernmental organization in the governmental
activities relating to implementation of national child labour project. Formation of
Child Labour Task Force in all the districts of Assam and its active involvement in
combating the child labour.
Implementation of RTE Act in true spirit. Proper coordination of various departments
at state and district level for right to free and compulsory education.
Setting up of more children homes under the Juvenile Justice Act with adequate and
requisite facilities and basic amenities.
Need to provide special care and protection of rights of Internally Displaced Children
and Children affected by ethnic conflicts or civil strife.
Page | 38
COMPLAINTS REGISTERED FROM JANUARY 1, 2011 TO DECEMBER 31, 2011.
(Blank page with background Photo)
Page | 39
Total No. of complaints registered: 86
Number of cases disposed: 25
Sl. No.
Category of complaints
Number of complaints registered
Number of complaints disposed
Number of pending complaints
Remarks
1 Right to Education 70 17 53 Action
Taken
Report
Awaited
2 Child Labour 1 1
______
Report
Awaited
3 Child Abuse 5 3 2 In process
4 Death Due to
Negligence
2
_____
2 Sub Judice
5 Violation of legal
rights of differently
abled children
1 1
______
______
6 Child Marriage 1 1
_____
7 Child Rights Violation 3 1 2 In process
8 Child in conflict with
Law
1 1
_____
______
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Some of the important letters of the Commission sent to various Government Officials (Blank page with background Photo)
Page | 41
(Back Cover)
Office Address: Assam State Commission for Protection of Child Rights
