CONSTITUTION OF INDIA

The Constitution of India recognizes the vulnerable position of children and their right to protection.

• Article 15 (3): Nothing in this article shall prevent the State from making any special provision for women and children; Following the doctrine of protective discrimination, it guarantees in Article 15 special attention to children through necessary and special laws and policies that safeguard their rights.
• Article 21A: Free and compulsory education for all children of the age of 6 to 14 years;
• Article 23: Prohibition of traffic in human beings and forced labour-(1) Traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law;
• Article 24: Prohibition of employment of children in factories, etc. -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;

Besides these they also have rights as equal citizens of India, just as any other adult male or female:

• Right to equality (Article 14).
• Right against discrimination (Article 15).
• Right to personal liberty and due process of law (Article 21).
• Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46).
• Article 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 vocations unsuited to their age or strength;
• (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions offreedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
• Raise the level of nutrition and standard of living of its people and the improvement of public health (Article 47).
•  Article 243G read with Schedule 11 – provide for institutionalization of child care by seeking to entrust programmes of Women and Child Development to Panchayat (Item 25 of Schedule 11), apart from education (item 17), family welfare (item 25), health and sanitation (item 23) and other items with a bearing on the welfare of children.

Child Policies – 5 year Plans

• Prior to the Fifth Five Year Plan, the government's focus was on child welfare, through the promotion of basic minimum services for children. This culminated in the adoption of the National Policy for Children in 1974.
• The Fifth Five Year Plan (1974-79) saw a shift of focus from welfare to development, and the integration and co-ordination of services after the launch of the Integrated Child Development Services, 1975.
• The Sixth Five Year Plan was the period of strengthening child welfare and development. It led to the spatial expansion and enrichment of child development services through a variety of programmes.
  • National Policy on Education, 1986
  • National Policy on Child Labour, 1987
• The focus of the Eighth Five Year Plan period (1992-97) shifted the focus to human development through advocacy, mobilisation and community empowerment.
  • National Nutrition Policy, 1993
  • A National Plan of Action for the Girl Child for 1991-2000 was also announced.
• 9^th 5 year Plan
  • Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children, 1998
• 10^th 5 Year Plan (2002-2007)
  • From development to Protection
  • National Health Policy, 2002
  • National Charter for Children, 2004
  • National Plan of Action for Children, 2005
• 11^th 5 year Plan  ( 2007-2012)
• 12^th 5 year Plan ( 2012-2015)
  • The POCSO Act has come into force with effect from 14 November 2012.
  • National Policy for children 2013
  •  2018 – Draft national policy for protection of child
  • 2019 – national policy for domestic workers

National Policy on Child Labour

The National Policy on Child Labour, August 1987 contains the action plan for tackling the problem of child labour. It envisages:

• A legislative action plan
• Focusing and convergence of general development programmes for benefiting children wherever possible, and
• Project-based action plan of action for launching of projects for the welfare of working children in areas of high concentration of child labour.

In pursuance of National Child Labour Policy, the NCLP Scheme was started in 1988 to rehabilitate child labour. The Scheme seeks to adopt a sequential approach with focus on rehabilitation of children working in hazardous occupations & processes in the first instance. Under the Scheme, after a survey of child labour engaged in hazardous occupations & processes has been conducted, children are to be withdrawn from these occupations & processes and then put into special schools in order to enable them to be mainstreamed into formal schooling system.

Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non-hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children.

Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families.

The National Policy for Children, 2013

Recognises that:

• a child is any person below the age of eighteen years
• childhood is an integral part of life with a value of its own
• children are not a homogenous group and their different needs need different responses, especially the multi-dimensional vulnerabilities experienced by children in different circumstances
• a long term, sustainable, multi-sectoral, integrated and inclusive approach is necessary for the overall and harmonious development and protection of children

Reaffirms that:

• every child is unique and a supremely important national asset
• special measures and affirmative action are required to diminish or eliminate conditions that cause discrimination
• all children have the right to grow in a family environment, in an atmosphere of happiness, love and understanding
• families are to be supported by a strong social safety net in caring for and nurturing their children

Key guiding principles

• human rights , the rights of children are interrelated and interdependent
• right to life, survival, development, education, protection and participation
• Encompasses the right to identity and nationality
• mental, emotional, cognitive, social and cultural development of the child is to be addressed in totality
• no child shall be discriminated, right to a dignified life, free from exploitation
• family or family environment is most conducive for the all-round development of children
• children are to be protected from all forms of abuse

Institutional mechanism

• The Ministry of Women and Child Development will be the nodal ministry
• A National Coordination and Action Group (NCAG) for Children will monitor the progress. Similar Coordination and Actions Groups will be established at the State and District level.
• The National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights are to ascertain that the principles of the policy are valued in all sectors at all levels.

Draft National Child Protection Policy

• Dedicated to the protection of children separately .  ( protection vis a vis development)
• The Supreme Court had asked the centre to consider framing the national policy on protection of children. ( Dec 2018)

Key provisions and highlights of the draft policy:

• The policy will apply to all Institutions and organisations including corporate and media houses government or private sector.
• All organisations must have a code of conduct based on zero tolerance of child abuse and exploitation.
• Organisations to lay down that employees don’t use language or behaviour that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate.
• designate a staff member to ensure that procedures are in place to ensure the protection of children as well as to report any abuse.
• Any individual who suspects physical, sexual or emotional abuse must report it to the helpline number 1098 or police or a child welfare committee.

More to added

• Additional Special Protection measures.
• provisions for protecting those affected by migration, communal violence , begging , conflict with the law etc
• four aspects- creating awareness, prevention, reporting and responding. The
• reporting and monitoring mechanism for implementation of the guidelines.
• look at the role of individuals.

Institutions

• In early 2006, the Department of Women and Child Development became a full-fledged Ministry and the juvenile justice and adoption related matters were transferred to this new Ministry.
• MWCD has taken significant steps to address the issue of child protection by setting up a

National Commission for the Protection of Child Rights

Functions and Powers

The Commission shall perform all or any of the following functions, namely:

• Examine and review the safeguards for the protection of child rights and recommend measures for their effective implementation.
• Present to be central government, annually reports upon working of those safeguards;
• Inquire into violation of child rights and recommend initiation of proceedings in such cases;
• Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;
• Look into matters relating to children in need of special care and protection, including children in distress, marginalised and disadvantaged children etc
• Study treaties and other international instruments and undertake periodic review of existing policies, programmes, and other activities on child rights and make recommendations for their effective implementation in the best interest of children.
• Undertake and promote research in the field of child rights.
• Spread child rights literacy among various sections of society and promote awareness of the safeguards available for protection of these rights through publications, media, seminars and other available means.
• Inspect or cause to be inspected any juvenile custodial home or any other place of residence or institution meant for children,  where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary.
• Inquire into complaints and take suo moto notice of matters related to:
  1. Deprivation and violation of child rights.
  2. Non-implementation of laws providing for protection and development of children.
  3. 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
• Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions.

Legislations

Child specific provisions

• Guardian and Wards Act, 1890
• Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960
• Child Labour (Prohibition and Regulation) Act,1986
• Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
• Juvenile Justice (Care and Protection of Children) Act, 2000
• Commission for Protection of the Rights of the Child Act, 2005 ,
• Prohibition of Child Marriage Act 2006

Others

• Factories Act ,1954
• Hindu Adoption and Maintenance Act, 1956
• Bombay Prevention of Begging Act, 1959
• Bonded Labour System (Abolition) Act, 1976
• Immoral Traffic Prevention Act, 1986
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1987
• Persons with Disabilities (Equal Protection of Rights and Full Participation) Act, 2000

The Immoral Traffic (Prevention) Act, 1956 / amended 1986

In 1986, the Government of India amended the erstwhile Suppression of Immoral Traffic in Women and Girls Act 1956 (SITA), and renamed it as the Immoral Traffic (Prevention) Act (ITPA) to widen the scope of the law to cover both the sexes exploited sexually for commercial purposes and to provide enhanced penalties for offences involving children and minors. "Child" under ITPA means a person who has not completed the age of sixteen years and "prostitution" means the sexual exploitation or abuse of persons for commercial purposes.

Stringent action and punishment for keeping a brothel or allowing premises to be used as a brothel;

The punishment consists of imprisonment of either description for a term which shall not be less than 7 years,

Establishment of Protective Homes by the State Government.

Proposed amendments to the ITPA:

IT raises the age of child from 16 to 18 years;

enhance the punishment for a person who assists in keeping or management of a brothel;

To define the offence of "Trafficking in Persons" on the lines of International Protocol to Prevent, Suppress and Punish Trafficking in Persons.

Child Labour (Prohibition and Regulation) Act, 1986

The Act was formulated to eliminate child labour and provides for punishments and penalties for employing children below the age of 14 years in from various hazardous occupations and processes.

The Act provides power to State Governments to make Rules

It provides for regulation of work conditions

Through a recent notification, child domestic workers up to 14 years of age working in hotels and dhabas have been brought within the purview of the Act.

It is one step towards the total elimination of child labour.

The Prohibition of Child Marriage Act, 2006

The Child Marriage Restraint Act, 1929 has been repealed and the major provisions of the new Act include:

Every child marriage shall be voidable at the option of the contracting party who was a child at the time of the marriage;

the male contracting party to the child marriage or parents or guardian to pay maintenance to the female contracting party to the marriage and for her residence until her remarriage;

Imprisonment up to two years and fine up to one lakh rupees;

States to appoint Child Marriage Prohibition Officers whose duties include prevention of solemnization of child marriages,

The Commissions for the Protection of Child Rights Act, 2005

The Act provides for the Constitution of a National and State Commissions for protection of Child Rights in every State and Union Territory.

The functions and powers of the National and State Commissions will be to:

Examine and review the legal safeguards provided by or under any law for the protection of child rights

and recommend measures for their effective implementation;

Prepare and present annual and periodic reports upon the working of these safeguards;

Inquire into violations of child rights and recommend initiation of proceedings where necessary;

Undertake periodic review of policies, programmes and other activities related to child rights in reference

Spread awareness about child rights among various sections of society;

Children's Courts for speedy trial of offences against children or of violation of Child Rights;

The Pre conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994/2003 – PCPNDT act

This is an Act for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders, chromosomal abnormalities or certain congenital malformations or sex-linked disorders,

For the prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide and for matters connected therewith or incidental thereto.

Government Programmes  

Child Protection

Some of the existing child protection schemes and programmes include:

• A Programme for Juvenile Justice for children in need of care and protection and children in conflict with law. ( establishment and maintenance of various homes, salary of staff, food, clothing, etc. for children)
• An Integrated Programme for Street Children without homes and family ties. Under the scheme NGOs are supported to run 24 hours drop-in shelters and provide food, clothing, shelter, non-formal education, recreation, counselling, guidance and referral services for children.
• CHILDLINE Service for children in distress, especially children in need of care and protection so as to provide them medical services, shelter, rescue from abuse, counseling, repatriation and rehabilitation.
• Shishu Greha Scheme for care and protection of orphans /abandoned /destitute infants or children up to 6 years and promote in-country adoption for rehabilitating them.
• Scheme for Working Children in Need of Care and Protection for children working as domestic workers, at roadside dhabas, mechanic shops, etc. The scheme provides for bridge education and vocational training, medicine, food, recreation and sports equipments.
• Rajiv Gandhi National Creche Scheme for the Children of Working Mothers in the age group of 0­6 years. The scheme provides for comprehensive day-care services including facilities like food, shelter, medical, recreation, etc. to children below 6 years of age.
• The scheme of Balika Samriddhi Yojana (BSY) was launched in 1997 with the specific objective to change the community’s attitude towards the girl child. A mother of a girl child born on or after 15th August, 1997 in a family below the poverty line in rural and urban areas is given a grant .
•  Pilot Project to Combat the Trafficking of women and Children for Commercial Sexual Exploitation in Source and Destination Areas for providing care and protection to trafficked and sexually abused women and children.
• National Child Labour Project (NCLP) for the rehabilitation of child labour. Under the scheme, Project Societies at the district level are fully funded for opening up of Special Schools/Rehabilitation Centres for the rehabilitation of child labourers. These Special Schools/Rehabilitation Centers provide non-formal education, vocational training, supplementary nutrition and stipend to children withdrawn from employment.
• INDO-US Child Labour Project (INDUS): The Ministry of Labour, Government of India and the US Department of Labour have initiated a project aimed at eliminating child labour in 10 hazardous sectors across 21 districts in five States namely, Maharashtra, Madhya Pradesh, Tamil Nadu, Uttar Pradesh and NCT of Delhi.

Integrated Child protection scheme

The ICPS brings together multiple vertical schemes under one comprehensive child protection scheme, combining existing child protection schemes of the Ministry and integrating interventions for protecting children and preventing harm. The ICPS therefore broadly aims at:

• Institutionalizing essential services and strengthening structures.
• Enhancing capacities at all levels.
• Creating database and knowledge base for child protection services.
• Strengthening child protection at family and community level.
• Ensuring appropriate inter-sectoral response at all levels.

The scheme proposes to achieve the above-mentioned objectives through effective implementation of child protection services at district, state and regional levels

Development Programmes

Integrated Child Development Services(ICDS)

• The programme of the Integrated Child Development Services(ICDS) was launched in 1975 seeking to provide an integrated package of services in a convergent manner for the holistic development of the country.
• ICDS today represents one of the world’s largest programmes for early childhood development. ICDS is the foremost symbol of India’s commitment to her children – India’s response to the challenge of providing pre-school education on one hand and breaking the vicious cycle of malnutrition, morbidity, reduced learning capacity and mortality, on the other.
• It is an inter-sectoral programme which seeks to directly reach out to children, below six years, especially from vulnerable and remote areas and give them a head-start by providing an integrated programme of early childhood education, health and nutrition. No programme on Early Childhood Care and Education can succeed unless mothers are also brought within it ambit as it is in the lap of the mother that human beings learn the first lessons in life.

Objectives of ICDS:

• Lay the foundation for proper psychological development of the child
• Improve nutritional & health status of children 0-6 years
• Reduce incidence of mortality, morbidity, malnutrition and school drop-outs
• Enhance the capability of the mother and family to look after the health, nutritional and development needs of the child
• Achieve effective coordination of policy and implementation among various departments to promote child development
• UDISHA – The ICDS Training Programme (1999-2004): UDISHA is a World Bank assisted country-wide training programme for all ICDS functionaries.
• Along with special initiatives like the Universal Immunization Programs (UIP) these interventions have helped India substantially reduce the infant mortality rate and also bring malnourishment under control.

Education

Early Childhood Education Scheme

• was started in 1982 to reduce the drop out rates and to improve the rate of retention of children in primary school.
• It is being run by voluntary organizations in educationally backward areas of the States of Andhra Pradesh, Assam, Bihar, Jammu & Kashmir, Madhya Pradesh, Orissa, Rajasthan, Tripura and West Bengal.

District Primary Education Programme:

• Launched in 1994 in 42 districts, this is a Centrally Sponsored Scheme aimed at providing access to primary education for all children, reducing primary dropout rates to less than 10 per cent, increasing learning achievement of primary school students by at least 25 per cent and reducing gender and social gaps to less than 5 per cent.
• The programme is presently continuing in 129 districts of 9 States namely; Andhra Pradesh, Bihar, Gujarat, Jharkhand, Orissa, Rajasthan, Uttar Pradesh, Uttaranchal and West Bengal.

National Programme of Nutritional Support to Primary Education (Mid-Day-Meal Scheme):

• The National Programme of Nutritional Support to Primary Education commonly known as the Mid-Day Meals Scheme was launched in August, 1995 with the objective of boosting universal primary education by increasing enrolment, attendance and retention, while simultaneously impacting on nutritional status of children in primary classes.
• Presently, 29 States/UTs are providing meals fully/partially to about 5.78 crore children which is 54.8 per cent of the targeted 10.57 crore children.

National Program for Education of Girls at Elementary Level (NPEGEL):

The Objective of the scheme is to provide additional support to education of girls at the elementary level through the following additional initiatives:

• (i) to develop a school, as a model girl-child friendly school, at the cluster level;
• (ii) to provide additional incentives such as stationery, slates, work books, and uniforms and to meet any other locally-felt need within the existing ceiling of Rs. 150 per child per annum;
• (iii) additional interventions like awards to schools/teachers, student evaluation, remedial teaching, bridge courses alternative schools, learning through open schools, teacher training and child care centers at the cluster level within in ceiling of Rs. 60,000 per annum;
• (iv) mobilization and community monitoring within a ceiling of Rs. 95,000 per cluster over a five-year period;
• (v) development of materials; and
• (vi) planning, training and management support.

Sarva Shiksha Abhiyan

• It is meant for implementation of universal elementary education in a mission mode with a clear focus to provide quality elementary education to children of the age group of 6-14 years.
• Special focus will be on girls, children belonging to SC/ST communities, urban slum dwellers and low female literacy blocks.

Other schemes

• Some of the schemes of the Ministry of Women and Child Development under the women’s welfare section address issues concerning protection of the girl child even though there is no girl child speci?c component and budget under these schemes. These schemes include: • Swadhar ,  Short Stay Home , • Scheme for rescue of victims of traf?cking , • Relief and rehabilitation of rape victims
• The Kishori Shakti Yojana is another scheme  of the Ministry of Women and Child Development that can be used to meet protection goals. While its main focus is nutrition for adolescent girls, the scheme provides a platform for raising protection concerns with this age group and empowering them with information, knowledge and skills to be able to protect themselves.
• The Rajiv Gandhi National Scheme for the Children of Working Mothers, implemented
  by the Ministry of Women and Child Development, is primarily seen as ful?lling child development goals only. However, protection needs of children aged 0-6 years are also met through crèche and day care facilities and hence it may well be taken as a child protection scheme also.
• In addition, under programs like Development of Women and Children in Rural Areas (DWCRA) efforts are being made to give rural women technical and management skills to build their own co-operative enterprises.