CONVENTION ON THE RIGHTS OF THE CHILD, COUNTRY REPORT INDIA, DECEMBER, 1994

 CONVENTION ON THE RIGHTS OF THE
CHILD

1. INTRODUCTION

Land and the People

India is one of the oldest civilization with a kaleidoscopic variety and rich cultural heritage. It is the seventh largest country in the world. Indian subcontinent covers an area of 32,87,263 sq. kms. and is bound in the north by the snow covered Himalayas towering over the gangetic plain, in the south by the Deccan Plateau, in the East by the Bay of Bengal and in the West by the Arabian Sea. The countries having a common border with India are Afganistan and Pakistan to North-West, China, Bhutan and Nepal to North, Myanmar to East and Bangladesh to East of West Bengal. Srilanka is separated by a narrow channel of sea formed by the palk strait and gulf of Mannar. With its 26 states and six Union Territories, it reflects not only geographical but also a rich cultural diversity. It is a land of 844 million people (1991 Census). Of which 628.7 million live in rural India. Religion is an important dimension of the Indian culture. Varied religious groups have thrived together from time immemorial in this secular state. The principal religions are Hindu, Muslim, Christian, Sikh, Budhist and Jain; Hindus being 82 per cent.

1.2 The population is not evenly distributed over the country. It is highly concentrated in some pockets, as much as 63.73 per cent of the population lives in 31.45 per cent of the total area. The two states of Kerala and West Bengal have the highest population density (750 per sq. km) followed by two in the

Northern Indo-gangetic plain; Bihar and UP. The North-Eastern zones are of low density. States of Madhya Pradesh, Rajasthan, Karnataka, Orissa and Maharashtra in the Central part of India have a density below the national average of 267 people per square kilometer. Shift in population due to migrancy from rural to urban in the last few years has further aggravated the problems of density in urban conglomerates. The ten most densly populated districts of the country are Calcutta, Madras, Greater Bombay, Hyderabad, Delhi, Chandigarh, Mahe, Haora, Kanpur nagar and Bangalore where average density is 5,791 persons per kilometer.

1.3 India's population growth has been largely influenced by fertility and mortality trends. The,% birth rate, from a level of slightly below 50 at the beginning of the century, has fallen to 29 in 1992. The perceptible decline in fertility is thus apparent. However one striking feature of the age patterns of fertility in India is the occurrence of a large number of births to adolescent mothers. In 1984, 9.8 per cent of all the births in India occurred to women of age, less than 20 years. Also, 19 per cent of the births to mothers of age 15-19 years were of order more than one.

1.4 The most striking event over the last 90 years has been the decline in mortality from a level of over 40 per thousand at the beginning of the century to the current level of about 10. There is little doubt that the massive investments in health, sanitation, water supply etc. have directly contributed to this steep fall in death rates. The improvement in mortality is reflected in the increase in the expectation of life at birth. In the beginning of the century the expectation of life at birth was around 23 years but has by now more than doubled for both males (60.6) and females (61.7).

1.5 The population of India is young, with nearly 36 per cent consisting of children below 15; thus, two out of every five persons are below 15 years. The total child population in India in 1991 was about 304 million which is more than even the total population of most of the countries of the world. Children constitute the nations' future human resource. A young population imposes certain constraints in terms of investment decisions relating particularly to education, nutrition and child health.

Child in India: Cultural and Historical Overview

1.6 India's commitment to the cause of children is as old as its civilization. It has been a time honoured belief in our culture that the child is a gift of the Gods. A gift, that must be-nurtured with care and affection, within the family and the society. Unfortunately, over the years in the pre-independence period, due to socioeconomic and cultural changes, the code of child centredness got replaced by neglect, abuse and deprivation, particularly in the poverty afflicted sections of the society. From being advantaged children plummeted into a disadvantaged group.

1.7 Such a scenario made it imperative to intervene for providing care and protection to children. Setting up of extra- familial Institutions to provide care to the young both in the governmental and voluntary sectors became inevitable. In the mid twenties', voluntary organisations such as Indian Red Cross Society, All India Women's Conference, Kasturba Gandhi National Memorial Trust and Children's Aid Society organised programmes in the areas of welfare, health, nutrition and education for children. Balkanji Bari, set up in 1920, was the first children's organisation with child membership. Several other organisations were set up around this time but these were on sectarian basis,

such as the All India Shia orphanage, the Bai Dosabai Kotwari Parsi Orphanage etc.

1.8 In India, independence ushered in a new era in the field of child welfare and child development. The last 47 years, are marked with events which are a testimony to the commitment we have, towards our children. Adequate provisions were made for care and protection of children in the Constitution. The Indian Constitution has a frame work within which provisions are available for protection, development and welfare of children. Article 24 prohibits the employment of children in any factory or mine or in any other hazardous occupation. Articles 39 (e) and (f) lay down that ; the state shall direct its Policy in such a manner that the tender age of children is not abused and children are given opportunities and facilities to develop in a healthy manner and childhood is protected against exploitation and against moral and material abandonment. Education of children has been recognized a Sine qua non for the growth of children. Accordingly, Article 45 lays down that state shall provide free and compulsory education for children upto the age of 14 years.

1.9 There are a wide range of laws which guarantee to a substantial extent the rights and entitlement as provided in the Constitution and in the UN Convention.

* The Apprentices Act, 1861

he Child Marriage Restraint Act, 1929

* The Child Labour (Prohibition and Regulation) Act, 1986

* The Children (Pledging of Labour) Act, 1929

Children Act, 1960

*The Guardian and Wards Act, 1890

* The Hindu Minority and Guardianship Act, 1956

* The Hindu Adoption and Maintenance Act, 1956

* The Immoral Traffic (Prevention) Act, 1956

* The Juvenile Justice Act, 1986

The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960

The Probation of Offenders Act, 1958

* The Reformatory Schools Act, 1897

* The Women's and Children's Institutions (Licensing) Act, 1956

* The Young Persons (Harmful Publications) Act, 1956

Apart from these laws mainly concerning children, there are a host of related welfare and criminal laws which have beneficial provisions for the care and protection of children. Even the laws relating to commerce, industry and trade have protective provisions beneficial to children.

1.10 The most significant development of fiftees was the establishment of the Central Social Welfare Board in 1953. It was set up to assist voluntary organisations and mobilise their support and cooperation in the development of social welfare services, especially for women and children. At that time most voluntary welfare organisations were located in urban areas. In 1954, the Board launched, the Welfare Extension Projects (WEP) to cater to the rural population. Several activities were taken up under the WEP. These included maternal and child care services, preschool education, social education and craft training for women. It was during this decade that the UN Declaration of the Rights of the Child was adopted by the UN General Assembly. This Declaration was accepted by the Indian Government, thus affirming its concern for children.

1.11 In order to meet these obligations, concerted measures have been taken at the national level to ensure survival, protection and development of children. As parts of Five Year Plans, several programmes have been launched by the Government which are aimed

at providing services to children, in the areas of health, nutrition and education.

1.12 In 1974, the Government of India adopted a National Policy for Children, declaring the nation's children as `supremely important assets'. This policy lays down that the State shall provide adequate services to all children both before and after birth and during the growing stages for their full physical, mental and social development. The measures suggested included, among others, a comprehensive health programme, supplementary nutrition for mothers and children, nutrition education of mothers, free and compulsory education for all children up to the age of 14 years, non-formal preschool education, promotion of physical education and recreational activities, special consideration for the children of weaker sections like the scheduled castes and the schedule Tribes, prevention of exploitation of children and special facilities for children with different types of handicap.

1.13 Given the magnitude of the problems of children, the Policy suggested the programmes relating to preventive and promotive aspects of child health, nutrition for children below the age group of six, care of destitute children, day care facilities and rehabilitation of handicapped children, be accorded high priority. The policy provided for a National children's Board to act as a forum to plan, review and coordinate the various services directed toward children. The Board was first set up in 1974.

1.14 The Policy succeeded in highlighting the various areas of child development and securing their acceptance as major areas for programme planning. Another outcome was the setting up of a Bureau for Nutrition and Child Development in the then Ministry

of Social Welfare which was responsible for implementation of the Policy and the various resulting programmes under it. The Board was also expected to promote public awareness about the needs of children and coordinate and integrate the efforts of various agencies as per the priorities laid down in the Policy.

1.15 The National Children's Fund was instituted by the Government to provide financial assistance to voluntary organisations for undertaking innovative child welfare programmes.

1.16 It was around 1974 that the perspective of `integration' dominated Government's thinking. Efforts were made to examine the feasibility of integrating early services for children covering supplementary nutrition, immunization, health care which included referral services, nutrition, education of mothers, preschool education, family planning and provision of safe drinking water. These efforts led to the emergence of a new package of Integrated Child Development Services (ICDS) programme covering children less than six years and nursing and expectant mothers. Launched in 1975, currently ICDS. is the major governmental programme of early childhood intervention benefitting over 18 million children and around 5 million pregnant and nursing mothers. The sources under the programme have recently been extended to adolescent girls (11-18 years) in selected areas.

1.17 Another landmark in the seventies was the setting up of the National. Institute of Public Cooperation and Child Development (NIPCCD). Set up in 1975 as an autonomous body, it was identified as an apex body for training of workers in child welfare. The ICDS functionaries are trained by NIPCCD. It also assists the Government in all technical matters related to child development and promotion of voluntary action in social development.

1.18 The Department of Women and Child Development was set up in the ministry of Human Resource Development, in 1985, to ensure the development of Women and Children which are two most vulnerable segments of our population. The Department, besides ICDS, implements several other programmes, undertakes advocacy and inter sectoral monitoring catering to needs of women and children. It takes up its various activities not only through State Government and Union Territory Administrations but also by assisting voluntary organization as partners in providing services aimed at development of women and children.

1.19 At the summit meeting of the South Asian Association for Regional Cooperation (SAARC) held in 1986, it was declared that children should be given the highest priority in national development planning. The SAARC member nations committed themselves to universal child immunisation by the end of 1990. The other goals were universal primary education, adequate maternal and child nutrition and safe drinking water by the year 2000. Membership to SAARC further reinforced India to reaffirm its commitment to child development.

1.20 The Eighth Five Year Plan of India recognised "human development" as the core of all developmental efforts. The priority sectors of the Plan that contribute towards realisation of this goal are health, education, literacy and basic needs, including drinking water, housing and welfare programmes for the weaker sections. Further the child survival and development have received high priority. In the last decade of this century, dramatic technological development particularly in health, nutrition and related spheres have opened up new vistas of opportunities for redeeming our age-old pledges to the cause of children.

1.21 It is against this backdrop that India joined the comity of nations in the successive reaffirmations of global commitment to the cause of children in 1989-90. The UN Convention On The Right of The Child in November 1989, the World Conference on Education for All at Jomtien in March 1990, the Global Consultation on Water and Sanitation in September, 1990, the World Summit on Children in the autumn of 1990 and the SAARC summit on Children soon after the World summit were all part of this reaffirmation process which transcended national barriers. India is a signatory to the World Declaration (September 1990). By endorsing 27 survival and development goals for the year 2000 laid by the world summit, India has firmly reaffirmed its commitment to advance the cause of children in India. The Department of Women and Child Development under the Ministry of Human Resource Development in pursuance of this has formulated a National Plan of Action for children.

National Plan of Action for Children.

1.22 The National Plan of Action has been worked out keeping in mind the needs, rights and aspirations of 300 million children in the country and sets out quantifiable time dimensions to India's Charter of Action for Children by 2000 AD. Mid decade goals in selected areas have also been adopted. The priority areas in the National Plan of Action are health, nutrition, education, water, sanitation and environment. The Plan gives special consideration to children in difficult circumstances and aims at providing a framework, through the goals and objectives, for actualisation of the Convention in the Indian context. The National Plan of Action also lists out activities to achieve these goals. To make the goals, objectives and activities of the plan more need-based and area-specific, the Central Government has urged all the State/UT Governments to prepare Plan of Action

for Children for their States/UTs, taking into account the regional disparities that may exist. Accordingly, almost all the major states have adopted State Plans of Action for children. The mid decade and decadal goals being constantly monitored by an high-powered inter- ministerial Committee in the Department of Women and Child Development.

1.23 The Government of India ratified the Convention on the Rights of the Child on 12 November 1992. Accordingly, the Government took various initiatives to review the national and state legislations and bring it in line with the provisions of the Convention, develop appropriate monitoring procedures to assess progress in implementing the Convention, involve all relevant Government/Ministries and Departments, international agencies, non-governmental organisations, and the legal profession in the implementation and reporting process to publicise the Convention, and seek public inputs for frank and transparent reporting.

2. MEASURES FOR IMPLEMENTING THE CONVENTION

Article 4 of the Convention states; "State Parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention". The section enumerates briefly a number of measures which have been taken by India towards meeting this commitment over the last two years.

2.2 The Department of Women and Child Development in the Ministry of Human Resource Development of the Government of India has taken the nodal responsibility of coordinating the implementation of the Convention. Since subjects covered under the Articles of the Convention fall within the purview of various Departments/ Ministries of the Government, the inter-ministerial Committee set up in the Department with representatives from the concerned sections monitored the implementation of the Convention.

2.3 In order to facilitate the phased and progressive process of implementing the convention, India has taken a number of steps. Some of the major are mentioned below

i. At the Central level

The Ministries/Departments of the government of India concerned with various provision of the Convention namely Department of Health and Family Welfare, Department of Education, Department of Revenue (Ministry of Finance), Ministry of Defence,