Introduction:
India is the country with the highest number of children in the world. In many countries like India, children are abused in various ways such as emotionally, physically, economically and sexually. They are also deprived of their rights and values. In addition, many traditional practices such as child marriage, caste system, female killing, child labor, etc. increase the vulnerability of children and more importantly, poverty and illiteracy have caused more damage to the welfare of children and forced them to struggle for their survival. . Therefore, it is necessary for the state to protect and pay more attention to children and provide them with freedom throughout the country. Keeping all these facts in mind, we will discuss how the state (India) is taking necessary steps to ensure rights, opportunities and freedom to every child.
A. Why do children need more/special attention?
Children are more vulnerable than adults to the conditions in
which they live. Therefore, more than other age groups, they are affected by
the actions and inactions of government and society. In most societies, the
perception persists that children are the property of their parents, or that
they are adults in development or not yet ready to contribute to society.
Children are not seen as people who have their own minds, opinions for
expression, the ability to choose and the ability to make decisions. In some
cases, instead of being guided by adults, adults make decisions about their
lives. Their voices are often not heard. They are particularly vulnerable to
exploitation and abuse.[1]
Therefore, to protect children, the Constitution of India
guarantees fundamental rights to all children in the country and empowers the
state to make special arrangements for children. The Directive A principle of
state policy specifically guides the state in protecting children from abuse at
an early age and ensuring that children are given the opportunities and Places
that thrive in conditions of freedom and dignity. The state is therefore
responsible for ensuring the protection of children from exploitation and moral
and material abandonment.
B. Greater attention to CAR in state politics:
The Government of India (GoI) has realized its
responsibility to take care of the children who are suffering in various ways
and therefore provides various laws and orders, implements various schemes and
programs. Here we will see some of the laws and regulations, laws, schemes and
programs initiated by the state in its policy to protect children across the
country.
B. 1. The Constitution as protection of children:
The Constitution of India grants rights to children as citizens of the country and in accordance with their special status, the state has even enacted special laws. The 1950 Constitution includes most of the rights outlined in the United Nations Convention on the Rights of the Child as fundamental rights and principles of national law. The directive principle of state policy expresses the social and economic rights that have been declared to be "fundamental in the administration of the country and...the duty of the state to exercise...". in the creation of laws" (Article 37). The government has the flexibility to take appropriate legislative and administrative measures to ensure children's rights; no court can compel the government to provide them because they are essentially directive.[2]
Articles of constitutional guarantees, which are intended
especially for children, are:
Article 15(1) The State prohibits discrimination against a
citizen on the basis of religion, race, ethnic origin or sex. Nothing in this
article prevents the State from making special provisions for women and
children.
Article-21 (a) The State shall provide
free and compulsory education to all children between the ages of 6 and 14 in
accordance with State law.
Article-24: No child below the age of 14 shall be employed
as a laborer in any factory or mine or in any other hazardous occupation.[3]
Art. 39 letters e) and f) stipulates that the state will focus its
policy in particular on ensuring that it "ensures that the health and
strength of workers, men and women, and the minor age of children are not
abused" and "that citizens are not forced by economic necessity to
enter occupations disproportionate to their age or power" and that "To
provide opportunities and facilities for children to develop appropriately in
conditions of freedom and dignity" and to protect children and young
people from exploitation and against moral and material abandonment.[4]
Article 45 – The state shall endeavor to provide early childhood
care and education to all children up to the age of six.
Article 47 – The state considers raising the level of nutrition
and living standards of children and improving public health to be its primary
duties.
Article 243 G: To ensure the institutionalization of child care by
endeavoring to entrust women and child development programs to the Panchayat,
apart from education, family welfare, health and hygiene and other items
affecting the welfare of children.[5]
B. 2. Legislation and laws relating to the protection of children
The Hindu Adoptions and Maintenance Act 1956 codifies the
laws for the adoption and maintenance of both boys and girls and states that
sons and daughters are treated equally in matters of inheritance.
The Immoral Trafficking (Prevention) Act (ITPA) 1956 prohibits
commercial sexual exploitation and all cases of prostitution registered under
the Act. This law defines a minor as a person between the ages of 16 and 18.
The Child Labor (Prohibition and Regulation) Act 1986
prohibits the employment of children in certain occupations and regulates the
conditions of child labor in certain other occupations.[6] Section 5 of the Act
provides for the establishment of a Technical Advisory Committee on Child Labor
by the Central Government. The Committee is empowered to advise the Central
Government on matters relating to child labor in occupations and process.
Provision § 13 of the Act deals with health and safety in the employment of
children in occupations or processes.
The Government of India launched the National Child Labor Project (NCLP) in 1988 to rehabilitate child labour. A person who employs or permits child labor in violation of the Child Labor (Prevention and Supervision) Law is sentenced to imprisonment for a period not exceeding 6 months but may extend to 2 years. . Apart from imprisonment, the employer can also be fined between Rs.20,000 and Rs.50,000.[7]
The "Juvenile Justice Act of 2000" and an
amendment to the Act of 2006 formulate laws regarding juveniles in conflict
with the law (a minor who is alleged to have committed a crime) and provide
appropriate care and protection for children in need.[8] This law was amended
in 2006 with the aim of establishing the Committee for Juvenile Justice and
Committees for Child Protection and compulsory registration of child care
institutions. The Act was further amended in 2011 to remove discriminatory
references to children affected by diseases such as leprosy, tuberculosis,
hepatitis-B, etc. Under the new provisions, greater powers were vested in the
Child Welfare Committee and Child Welfare Units in each district of the state.
supervise its implementation and ensure care, education, training for the
rehabilitation of children.
The Child Marriage Prohibition Act came into effect on
October 1, 1929. Section 3 of the Act states that if a man over the age of 18
marries a child, he will be punished. A marriage contracted in contravention of
the Child Marriage Restraint Act is an illegal marriage. Section 5 of the Act
punishes anyone who contracts, enters into or manages a child marriage, unless
he proves that to the best of his knowledge it was not a child marriage.
B. 3. Institutional frameworks for child care
The National Commission for Protection of Child Rights (NCPCR) was established as a statutory body under the Ministry of Women and Child Development in 2007 to protect, promote and defend the rights of children in the country. The primary objective of the Commission is to review the safeguards provided for the protection of the rights of the child and recommend measures for their effective implementation, to spread literacy among children, to investigate violations of the rights of the child, to deal with matters relating to destitute, marginalized and disadvantaged children without families, children of prisoners, to examine juvenile homes and recommend appropriate measures. The Commission regularly reviews existing laws, policies and programs relating to the rights of the child and makes recommendations for their effective implementation in the best interests of children.[9]
B. 4. Child Welfare Schemes
The Integrated Child Development Program (ICDS) is a
centrally sponsored early childhood care and development program of the
Government of India. The main purpose of the program is to lay the foundation
for the mental, physical and social development of children and to improve the
health and nutrition of children under the age of six, to reduce infant
mortality, morbidity, malnutrition and early school leaving, to achieve
effective policy implementation to support child development and increase the
mother's ability take care of your child's health and nutrition, education and
other needs. There has been significant improvement in the implementation of
the ICDS scheme in the 10th and 11th plans in terms of increasing number of
projects, Anganwadi centers and beneficiary coverage, infrastructure
development and training programs for field staff such as Anganwadi workers,
helpers and supervisors who are organized through district, state and regional
centers. Many states have introduced state-specific initiatives and best
practices for effective implementation of the ICDS scheme.[10]
B. 5. Child Health and Nutrition Programs
The nutrition component of the Prime Minister's Gramodya
Yojana and Nutrition Program for Adolescent Girls is being implemented with
additional central assistance from the Planning Commission for Child Nutrition
Promotion. A National Nutrition Mission was established to enable policy
direction by the concerned government department in addressing the problem of
child malnutrition. The Pulse Polio Immunization program introduced by the
Ministry of Health and Welfare covers all children under the age of five. The
program covers 166 million children in each round of National Immunization Day.
Other programs include the Universal Immunization Program to control deaths due
to acute respiratory infections, diarrheal disease control, provision of basic
newborn care, prophylactic programs to prevent micronutrient deficiencies
related to vitamin A and iron, Anemia Control Program and Integrated
Management. neonatal and childhood diseases.
The National Rural Health Missions (NRHM) program implemented
under the Ministry of Health and Welfare seeks to provide effective health
services to the rural population including the large population of children in
the country. The program seeks to increase public health spending and policies,
strengthen public health management and service delivery in the country.
B. 6. Schemes/programmes for the education of children
On Children's Day 2010, the Government of India proudly
announced the "Right of Children to Free and Compulsory Education
(RTE)" Act. Under which children will not be subjected to corporal
punishment and all children will have access to a fair and quality education without
discrimination, which has been advertised in the media across the country.[11]
According to this, all government schools should provide free textbooks,
uniforms and other facilities to all students and the school will be managed by
a School Management Committee (SMS).[12] Some of the important measures that
the law contains are;
a) Local governments are responsible for providing education..
b) Steps to be taken to enroll early school leavers in age
appropriate classes.
c) Infrastructural support including buildings, teaching
materials.
d) Necessary teaching support, including well-trained teachers.
e) Establishing standards for teacher training and certification.
f) Greater role of the School Management Committee.
g) Comprehensive quality improvement plans for ST areas.[13]
The Sarva Shiksha Abhiyan Program (SSA) aims to provide free
education and primary education to all children aged 6-14. The program provides
school infrastructure, free textbooks and uniforms, and improving the quality
of children's education. The Mid Day Meal Program is being implemented under
the Sarva Siksha Abhiyan Scheme which aims at universal enrollment and
retention of children. As part of the program, children are provided with
nutrition and snacks for school.
B. 7. Rehabilitation schemes
The Integrated Street Children Program of the Ministry of
Social Justice and Empowerment seeks to prevent the plight of children who are
homeless and without family ties and vulnerable to abuse and exploitation. The
program rehabilitates these children and makes it easier for them to leave life
on the street. The Integrated Juvenile Justice (JJ) program strives to provide
care and protection to children in difficult situations and in conflict with
the law. Among the peculiarities of the system are the establishment of the
National Advisory Council for Juvenile Justice, the creation of the Fund for
Juvenile Justice, the training of judicial, administrative police officers and
non-governmental organizations responsible for the implementation of the
Juvenile Justice Act. foster care as a substitute for institutional care.
Child Helpline is a toll-free telephone service (1098) which is
run with the support of the Ministry of Women and Child Development and
operates across the country. This service is intended for children in need,
especially children in need of care and protection, to provide them with
medical services, shelter, rescue from abuse, counselling, repatriation and
rehabilitation. [14] Anyone can call for help in the interests of children.
The Child Labor Elimination Program implemented by the Ministry of
Labor and the Government of India sanctions the rehabilitation of working
children and the elimination of child labour. National Child Labor Projects (NCLP)
have been set up in various areas to rehabilitate child labour. Special schools
have been set up under the NCLP to provide non-formal education, vocational
training and supplementary nutrition to children who have left the workforce.
The Shishu Greh Scheme is being implemented by the Ministry of Women and Child
Welfare to promote adoption of abandoned/orphaned/abandoned children in the
country and ensure minimum standards of child welfare. The Orphan and Destitute
Children Care Program is a centrally sponsored program under the Ministry of
Women and Child Development. The main objective of the program is to provide
shelter, health care and nutrition, education and vocational guidance to
orphaned and destitute children in the age group up to 18 years for boys and up
to 25 years for girls.[15]
Conclusion:
In conclusion, it is needless to mention that although India
has a comprehensive legal regime and policy framework to protect the rights and
interests of children, more momentum is needed to effectively implement these
policies and programs for child welfare. improving the level of their
education, health and nutrition etc. Above all, a fair and just environment is
desired for all children at home, school or anywhere, with growing minds and
bodies to see a bright tomorrow and eventually become responsible citizens of
India.
Bibliography:
Victus, Solomon. ‘Child Labour and
Biblical Response’, Children
at Risk: Issues and challenges.
Edited by
Jesudason Jeyaraj. Bangalore: ISPCK, 2011.
Kumar,
A. K. Shiva. al ed. India’s Children;
Essay on Social Policy. New Delhi: Oxford University Press, 2015.
Sangtam, Athriba. Children without Childhood. Bali Nagar:
Christian World Imprints, 2016.
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http://vikaspedia.in/education/child-rights/child-rights-and-protection
https://www.insightonindia.com/wp-content/uploads/2013/09/child-welfare-policies-and-programs-in-india
http://www.indiafilings.com/learn/child-labour-law-regulations-in-india/
https://www.childlineindia.org.in/national-mechanisms-child-protection-child-rights
http://haqcrc.org/child-rights/constitution-of-india/
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[5]
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[6]
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Biblical Response’, Children at Risk: Issues
and challenges,,,.
[7]
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