Ensuring Rights, Providing Protection

Ministry of Women and Child Development (GOI)

Children everywhere are vulnerable to abuse

and exploitation by those in positions of power and trust…

Child protection is….

‘Child protection implies the interdisciplinary/

multisectoral measures undertaken to guarantee

the survival and acceptable development

of children, with respect to their rights.’

World over, the basis for Law and Policy making related to Child

Rights and Protection is…The United Nation’s Convention on the Rights of the Child (UNCRC) – (November 1989)

ratified by India on 11th December 1992 - 1. Prescribes a set of standards to be adhered

to by all state parties

2. Emphasizes social reintegration of child victims

3. It is the one UN document which has been ratified by the largest number of countries except US and Somalia

4. Speaks of Rights of Survival, Development, Protection and Participation for all children

Also International Instruments like -

UN standard minimum rules 1985 (Beijing rule) UN rules for the protection of juveniles

deprived of their liberty 1990

These set the minimum standard to be adhered to in the administration of juvenile justice in respect of juveniles in conflict with law.

The United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and all other relevant international instruments focus on the prevention of juvenile delinquency and provide guidelines for it

India’s children…India has the highest number of children in the world

More than one third of the country’s population is below 18 years – over 400 million

India is set to be the youngest population in the world by 2020

The scenario…a glimpse!

India has:

Highest rate of neo-natal deaths (around 35%) in the world40% of child malnutrition in developing world50% of child mortality in the developing worldReduced number of girls in 0-6 age group- for every 1000 boys 927 girls46% children from Scheduled Tribes and 38% from Scheduled castes are out of school

And also…High school dropouts especially amongst girls

High rate of child marriage:37% of literate & 51% of illiterate girls are married off below the age of 1810% of literate & 15% of illiterate boys are married off below the age of 18

Large number of children in forced labour

Large number of sexually abused children – almost 54% children reported sexual abuse in a national study conducted by MWCD

What creates the strong need for Protection…??

Deprivation, destitution and neglectRural-to-urban migrationDiminishing role of familyErosion of social values, weakening of informal social controlsOf the 37 million children in urban poverty, majority of them live in informal (illegal) settlements (railway lines, mohullahs, on the street)Working to earn money to contribute to families (street and working children) and are forced into crime or exploited commerciallyVulnerability increases with increase in prices, cost of livingSudden change in earning status of parents to unemployed

Even before ratifying UNCRC, India had created a protection mandate for children….Constitutional mandate :

Article 15 grants - ‘Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth’ - 15(3) – which states that despite Article 15 Nothing in this article (i.e. article 15) shall prevent the State from making any special provision for women and children.

Articles 23/24 – Right against Exploitation

And also…Article 39 - State shall, in particular, direct its policy towards securing —

(e) that the health and strength of workers, men and women, 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 47 - imposes on the State the primary responsibility of ensuring that all the needs of children are met and that their basic rights are fully protected

Laws were framed accordingly…LEGISLATIONS –

Prohibition of Child Marriage Act, 2006 The Commissions for Protection of Child Rights Act, 2005The Juvenile Justice (Care and Protection of Children) Act, 2000.The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.The Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.The Immoral Traffic (Prevention) Act, 1986The Child Labour (Prohibition and Regulation) Act, 1986

We also need to keep in mind - Offences against children Bill – proposedThe Guardian and Wards Act, 1890.The Young Persons (Harmful Publications) Act, 1956.

Policies written and ratified….

POLICIES – National policy for Children 1974 – is being reviewed currently – has been analysed on the basis of the UNCRC, Participation / protection are neglected areas. Drafting Committee is looking at the Policy vis a vis provisions of the CRC

National Charter for Children 2004 – framed to reiterate GOI’s commitment to ensure ‘that no child remains hungry, illiterate or sick.’

National Plan of Action for Children 2005 – based on the UNCRC rights framework

Policy Framework for Children and AIDS – speaks comprehensively of GOI’s resolve to serve children ‘affected’ by AIDS

CONVENTIONS, TREATIES… UN Convention on the Rights of the Child

UN declaration “A World fit for Children” – 2002 Assembly approved Action Plan to improve the lives of young people – reassembled in Dec 2007 (WFC+5) - time bound targets had been identified for promoting healthy lives, providing quality education, protecting against abuse /exploitation /violence and discrimination and combating HIV/AIDS

Millennium Development Goals – 2015 is the target date

SAARC social charter -

SAARC conventions on Child Welfare and Trafficking

Schemes developed…Integrated child development Scheme (ICDS)Rajiv Gandhi National Creche Scheme Nutrition Component of Prime Minister Gramodya YojanaNutrition Programme for Adolescent GirlsReproductive and Child Health ProgrammePulse Polio Immunization Programme Sarva Shiksha Abhiyan National Programme for education of girls at elementary level Kasturba Gandhi Balika Vidyalaya

Mid - day meal schemeShishu grehaJuvenile justice programmeScheme for working childrenGrant-in-aid scheme for voluntary organisations An Integrated Programme for Street Children – Childline ServicesThe National Rural Health Mission (2005-12)National Child Labour Projects. (NCLP)Integrated Child Protection Scheme (ICPS) - proposed

And Institutions created…National Institute for Public Cooperation and Child Development (NIPCCD) – to research and build capacities around Child Development and Protection of all concerned stakeholders

National Commission for Protection of Child Rights (NCPCR) – to study and monitor all matters related to legal and constitutional rights of children; to review existing laws and suggest amendments; and ensure protection of Child rights in India

Central Adoption Resource Agency (CARA) – premier agency in the country related to intra and out of country adoption

The legal foundation of the Child Protection mandate in India is …..

The Juvenile Justice Act which first came into force in 1986 - Was renamed and rewritten in 2000 to be called the Juvenile Justice (Care and Protection of children) Act - Is the premier law related to all individuals – [“children/juveniles”] – below 18 years of age, in India

The Commissions for Protection of Child Rights Act, 2005 - Provides for setting up of National and State level Commissions for Protection of Child Rights - for proper enforcement of children’s rights and effective implementation of laws and programmes relating to children.

The Juvenile Justice Act seeks…

To provide care/protection to children by:

Catering to a child’s development needs

Adopting a child friendly atmosphere and approach, for adjudication of cases related to juveniles/children

Keeping the child’s “best interest” in mind

Keeping rehabilitation of the child as a goal

Juvenile Justice Act

The Act places children/juveniles in two categories –

1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile Boards’

2. Child in need of ‘care and protection’ to be looked after by State Governments/ ‘Child Welfare Committees’

Act to be implemented by the respective State Governments

Children in need of ‘care and protection’ are those…

Who are homeless, no subsistence

Who reside with an abusive, violent guardian/or caregiver who has history of abuse with said child or other children

Who are mentally, physically challenged, or terminally ill with no caregiver

Who are victims of armed conflict, civil commotion, or natural calamity

Also…vulnerable children such as..

Orphan/abandoned, or run away, or missing, whose parents cannot be found

Children who are being, or are vulnerable, to abuse/sexual exploitation/torture/illegal acts

Children vulnerable to drug abuse and trafficking

Features of the amended JJ Act - 2006

o Greater intervention of NGOs & local authorities.

o Special emphasis on rehabilitation and social reintegration of the children

o Adoption of children simplified

o Registration of all child care institutions within six months of the amendments coming into force

o To set up special juvenile police units -

o A child is an individual below the age of 18 years.

o To set up Juvenile Justice Boards - JJBs and Child Welfare Committees – CWCs -in every district.

o All offences against a juvenile are cognizable offences – crimes against children identified

o SJPUs.

Crimes Against ChildrenPunishment for cruelty – imprisonment for a term of six months or fine, or both.Employment for begging – imprisonment may extend up to three years and also finePenalty for giving psychotropic substance – imprisonment may extend up to three years and also fineExploitation of child employees - imprisonment may extend up to three years and also fine (except upon the advice of a duly qualified medical practitioner)Crime against children are cognizable offences On receipt of compliant, the police must

arrest the perpetrator Police must file an FIR Police will release the child on bail.

ProtectionHandling by special juvenile policeHandcuffing of juvenile/child prohibited.Police should not be in uniformChild / juvenile cannot be kept in jail or lock-upNo death penalty or life imprisonmentProceeding are informal, participatory and private.Deletion of record of juvenile after 7 yearsParents to be involved in juvenile processesRight to free legal aidNo joint trial of a juvenile with an adultInformation about a juvenile cannot be released to media.

A Vision for the future…Integrated Child Protection Scheme (ICPS)

Objective: To provide an environment for safe and wholesome development of the children who are in need of care and protection as well as children in conflict with law. To overcome the shortcomings and gaps in the implementation of the existing child protection schemes with some additional components.

The Programme for Juvenile Justice, Shishu Greh Scheme and Street Children Scheme will be merged under the ICPS.

ICPS: a glimpse…

CARE, SUPPORT AND REHABILITATION SERVICES - 1. Emergency outreach service through

Childline2. Transitional shelters for children in

need in urban and semi-urban areas 3. Family based non institutional care

through: Sponsorship; Foster Care; Adoption; and After Care Programme

4. Institutional Services: Shelter Homes; Children’s Homes; Observation Homes; Special Homes; and Specialized services for children with special needs (disabled & children affected by HIV/AIDS)

5. General grant-in-aid for need based/ innovative interventions

Also….

1. Human resource development for strengthening counseling services

2. Training and capacity building3. Strengthening the knowledge-

base through research and documentation; and Child Tracking System

4. Advocacy, public education and communication

5. Monitoring and evaluation at district, state and central level

THANK YOU!