Child Rights & Indian Laws Neetha Shetty Staff Presentation 29 th November 2011

“There can be no keener revelation of a society's soul than the way in which it treats its children.".....Nelson Mandela

Who is a Child? According to United Nations: Anyone who is below the age of 18 years is a child Indian ActAge Child Labour (Prohibition & regulation Act) years Mines Act18 years Factories Act14 years Plantation Labour Act14 years Apprentice Act14 years Right to Education (end of compulsory education 14 years Juvenile Justice & protection of Children years

What is a Right?

Rights emerge from needs and desires. However, the most basic needs are referred to as Rights. Without fulfillment of the basic needs, a child’s normal development cannot take place. Rights are considered as fair and just for a person to have. Rights and responsibilities go together. Needs are not linked to responsibilities. Rights have a framework of rules and laws, In case of needs, one cannot seek legal action

Why Should Children have Rights?

Children are human beings and require safety and opportunities for development. Personality formation takes place during early childhood. Therefore child friendly services and nurturance are of utmost importance. Children are, they need much more care and help, than grown ups do. Being young in age, they cannot participate in politics or judicial system despite contributing to the society’s progress. During early years, they are dependent on adults and therefore need extra protection and appropriate guidance.

Constitution of India & Child Rights The Constitution of India, which became operational in 1950 refer to certain child rights. For example, its Articles 24, 39 and 45 mention about protection of children from being employed in hazardous employment, protection against moral and material abandonment, and provision of free and compulsory education for all children up to 14 years of age.

Constitution of India & Child Rights Article 24 :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 Artcle 39: The 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 avocations 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(f)

Constitution of India & Child Rights Article 45 Provision for free and compulsory education for children 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 until they complete the age of fourteen years Article 21-A, (Eighty-Sixth Amendment), 2002, provides for free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right.

United Nation Convention on Rights of Children (UN-CRC) UN-CRC deals with all the aspects of a child and in different circumstances. There are 42 Articles ! Article 1 : Defines Child and then proceeds to various rights of Children Articles are about implementation measures

UN-CRC Thematic Clustering The Right to Survival Components: right to life, the highest attainable standard of health, nutrition and adequate standard of living, the right to a name and nationality. The Right to Development Components: the right to education (formal and non-formal), support for early childhood care and development and the right to leisure, recreation and Cultural activities. The Right to Protection Components: freedom from all forms of exploitation, abuse, inhuman or degrading treatment and neglect, including the right to special protection in situations of emergency and armed conflict. The Right to Participation Components: respect for the views of the child, freedom of expression, access to appropriate information and freedom of thought, conscience and religion.

In the year 1992 India ratified the 1989 United nations convention on the Rights of Child In India, there are about 21 Acts starting from year 1890 “Guardians and Wards Act“ to 2009 “The Right of Children to Free and Compulsory Education Act, 2009 “ which look at the welfare of Children in IndiaGuardians and Wards ActThe Right of Children to Free and Compulsory Education Act, 2

Milestones in Indian Laws for Rights of the Child

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. National Policy for Children 1974

1.All Children to be covered by a health program 2.Provide nutrition services to remove deficiencies in the diet of children 3.Improve health and nutrition of expectant and nursing mothers 4.free and compulsory education up to age of Providing non formal education for children who are not able to get into formal education 6.To ensure equality of opportunity, special assistance to children belong to the weaker sections of the society 7.Children who are socially handicapped, 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 National Policy for Children 1974 Some of measured proposed

THE CHILD LABOUR (PROHIBITION AND REGUALTION) ACT, 1986 In this Act child means a person who has not completed his fourteenth year of age; It specifies industries where children are not allowed to be employed However, it also says that it does not apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by or receiving assistance or recognition from, Government. Fixes period of work on each day: no child shall work for more than three hours before he has had an interval for rest for at least one hour. Time of work – No child can be employed between 7pm and 8am Total duration or work - including rest hour & time spent on waiting for work not exceed 6 hours

THE CHILD LABOUR (PROHIBITION AND REGUALTION) ACT, 1986 Only in October 2006 did the Govt include domestic and hospitality as sectors that come under hazardous professions And in 2008, Processes involving extreme heat/cold were added into the list ! onal.htm

THE CHILD LABOUR (PROHIBITION AND REGUALTION) ACT, 1986 Challenge/questions raised: What about children who go to school and work part time? What about children who help their families in Business/ farm after school hours? What about children who work during holidays? Does it constitute to Child Labour????

ILO definition The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that: is mentally, physically, socially or morally dangerous and harmful to children; and interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.

According to ILO Children’s or adolescents’ participation in work that does not affect their health and personal development or interfere with their schooling, is generally regarded as being something positive. Activities such as helping their parents around the home, assisting in a family business earning pocket money outside school hours and during school holidays. Etc Are not considered as Child labour: These kinds of activities contribute to children’s development and to the welfare of their families; they provide them with skills and experience, and help to prepare them to be productive members of society during their adult life.

The Right of Children to Free and Compulsory Education Act, 2009: Free and compulsory education to all children of India in the six to 14 age group. No child shall be held back, expelled, or required to pass a board examination until completion of elementary education. A child who completes elementary education ( upto class 8 ) shall be awarded a certificate. Calls for a fixed student-teacher ratio. Will apply to all of India except Jammu and Kashmir. Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools. Mandates improvement in quality of education. School teachers will need adequate professional degree within five years or else will lose job. School infrastructure (where there is problem) to be improved in three years, else recognition cancelled. Financial burden will be shared by state and central government.

The Right of Children to Free and Compulsory Education Act, 2009 Challenges It talks about education between 6-14 years of age and says nothing about preschooling (3-6 years). The act makes no reference to Child Labour Act, and there is no statement in the act which prohibits children from working, especially if it hinders their prospects of education There is no effective mechanism to enforce the right guaranteed under the Act. The State and National Commissions for Protection of Child Rights may not be institutions easily accessed by all at the ground-level, The Act stipulates that the State must establish a school within the limits of neighbourhood, in order to ensure free and compulsory education. However, there is no attempt made to define what a ‘neighbourhood’ constitutes. It talks about child not being failed but doesnot talk about assessing the level of learning 25% reservation for economically disadvantaged children, it does not specify what happens to these children when they attain 14 years of age. It also blindly assumes that a neighbourhood is homegeneous, thus fails to take it to account how these children from weaker sections of society will be able to adapt themselves in a Hi-end private school

Discussion Have the Acts looked at the present scenario with regard to Child’s Development- Physical and Mental Do our Acts help us to find solution? What is the plan ahead?

Amend existing laws and enact new laws to have a uniform Definition of CHILD (in the context of age). Create infrastructure and train the required human resources to implement the National Plan of Action for Children (NPAC) of the Government of India. To make adequate budgetary provisions to fulfil its commitment to children. To disseminate information about child rights to all the stakeholders by using the Government machinery. Ref : www. chetnaindia.org What more can Government Do?

Implementing the National Plan of Action for Children Defined goals, Objectives and Strategies The Plan has identified 12 Key areas that look at survival, development, protection and participation of children: Reducing Infant Mortality Rate. Reducing Maternal Mortality Rate. Reducing Malnutrition among children. Achieving 100% civil registration of births. Universalization of early childhood care and development and quality education for all children achieving 100% access and retention in schools, including pre- schools. Complete abolition of female foeticide, female infanticide and child marriage and ensuring the survival, development and protection of the girl child. Improving Water and Sanitation coverage both in rural and urban areas Addressing and upholding the rights of Children in Difficult Circumstances. Securing for all children all legal and social protection from all kinds of abuse, exploitation and neglect. Complete abolition of child labour with the aim of progressively eliminating all forms of economic exploitation of children. Monitoring, Review and Reform of policies, programmes and laws to ensure protection of children’s interests and rights. Ensuring child participation and choice in matters and decisions affecting their lives.

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