Historical Background of Child Rights In India

Historical Background of Child Rights In India:-Previously, children were seen as "little adults," and the concept of specific rights for children was unheard of. The concept of particular protection for children first originated in France in the 1840s. Since 1841, laws have been enacted in France to safeguard children at labour and to guarantee them the right to an education. Only after World War I did the world acknowledge the importance of specific rights for children. During its fifth general session on February 28, 1924, the International Save the Children Union ratified the Declaration of the Rights of the Child. This document was delivered to the League of Nations, which adopted the "Geneva Declaration" on September 26, 1924, declaring that "Humanity must do everything possible for the child." (The League of Nations later evolved into the United Nations.) The statement, divided into five chapters, addressed children's well-being and recognised their right to development, aid, alleviation, and protection from adults. The Geneva Declaration is a historic declaration that, for the first time, recognised and proclaimed the existence of children's rights and the responsibility of adults for children. The "Geneva Declaration," founded on the work of Polish physician Janusz Korczak, was the first international Human Rights document in history to particularly address children's rights.

UNICEF's establishment

Thousands of youngsters suffered unspeakable hardships as a result of World War II. "On 11 December 1946, the United Nations General Assembly establishes the United Nations International Children's Emergency Fund (UNICEF) to respond to the millions of displaced and refugee children who were deprived of home, fuel, and food in the aftermath of World War II." The General Assembly decided in October 1953 to extend UNICEF's mandate on a permanent basis (a permanent international organisation), reiterating the Fund's larger terms of reference established in 1950. The phrases "International" and "Emergency" are removed from the official name, which is now the United Nations Children's Fund, but the original abbreviation UNICEF is too well-known to be changed. During the 1970s, UNICEF became an outspoken advocate for children's rights. During the 1980s, UNICEF worked with the United Nations Commission on Human Rights to create the Convention on the Rights of the Child.

Te Government of India and UNICEF have announced a Country Programme Action Plan for 2013-2017. The main purpose of the country programme for 2013-2017 is to improve children's, adolescents', and women's rights to survival, growth, development, participation, and protection by reducing inequities based on caste, ethnicity, gender, poverty, region, or religion. It was developed in the context of the 12th Five Year Plan and the United Nations Development Action Framework, with the goal of accelerating progress toward the Millennium Development Goals. UNICEF will continue to be an active partner of the government in achieving children's rights in India, building on over sixty years of engagement.

The Convention on the Rights of the Child of the United Nations (UNCRC)

The Declaration of the Rights of the Child was approved by the United Nations General Assembly in 1959. (DRC). The DRC defines children's rights in terms of ten principles. This document, however, was not signed by all of the countries. As a result, these 10 principles simply supplied an illustrative value. The Democratic Republic of the Congo opened the way for the Universal Declaration of the Rights of the Child, also known as the United Nations Convention on the Rights of the Child (UNCRC). On November 20, 1989, the UN General Assembly unanimously adopted the UN Convention on the Rights of the Child. This was the first international treaty that recognised all of the fundamental rights of the child. The UNCRC formalised the idea that children have autonomous human rights, and that those rights should be at the centre of all political, economic, and social decision-making. Its 54 articles outline children's economic, social, and cultural rights. It enshrines the general concepts of non-discrimination, the child's best interests, the right to life, survival, and development, and respect for the child's views. It then elaborates on specific civil rights and freedoms; family environment and alternative care; fundamental health and welfare; education, recreation, and cultural activities; and special protection measures (Desai, 2012 p-93). Because India signed the UNCRC in December 1992, the Indian government is bound to implement the rights enshrined in the UNCRC. As of 2011, 191 countries out of 193 had signed the International Covenant on the Rights of the Child, indicating widespread acceptance and acknowledgment. Only two countries, Somalia and the United States of America have not ratified the UN Convention on the Rights of the Child. (Because Somalia currently lacks an internationally recognized government, ratification is impossible, and the United States, one of the convention's original signatories, has declined to ratify the treaty due to concerns about its potential impact on national sovereignty and the parent-child relationship.) It has been called "the cornerstone of a new moral ethos for children," as well as an instrument emphasizing that "respect for and protection of children's rights is the beginning point for the full development of the individual's potential, in an atmosphere of freedom, dignity, and fairness" (WCD, 2000). In February 1997, the Government of India presented its first Country Report on the Convention on the Rights of the Child (Bajpai, 2008 p-438)

Child Rights Concerns

Despite the fact that India is now on a path of economic progress, and the government has launched various measures aimed at eradicating poverty, a sizable section of the population remains impoverished. Economic inequities are widespread, with children bearing the brunt of the brunt. The following are the eight most significant rights in the context of children: 

1) The right to life, 

2) the right to health, 

3) the right to safe water, 

4) the right to food, 

5) the right to education, 

6) the right to protection, 

7) the right to freedom, and 

8) the right to identify. 

The following are the major issues affecting child rights in India.

Right to Life- 

According to 2012 vital statistics data, India's "Infant Mortality Rate (IMR)" ranges from 10 to 56 in different states. Since 2003, IMR in rural India has decreased by 30%, whereas it has decreased by 28% in urban India. According to a CRY report, the IMR is 7. (Bhandary, 2013-a). The IMR is a tally of infant deaths under one year of age per 1000 live births in a given year. It is regarded as a major indicator of people's health services, nutritional levels, poverty, and educational level. Reducing IMR is one of the United Nations' "Millennium Development Goals (MDGs)" with a 2015 deadline (Varma, 2013 a). One beneficial development in the context of the right to life is the decrease in IMR. According to the Global Hunger Index (GHI) Report, which was released on October 14, 2013, the death rate of children under the age of five in India is approximately 6%. (Varma, 2013 b). Poverty, along with a cultural preference for male offspring, is mostly to blame for the deaths of thousands of children in India each year. Female foeticide (selective abortion), female infanticide (drowning, poisoning, suffocation, or willful neglect resulting in the death of the child), and general neglect of girl children continue to result in enormous numbers of deaths, affecting the sex ratio. The child sex ratio in India continues to fall. According to 2011 Census data, the Child Sex Ratio (CSR) in the 0-6 age group has decreased further to 914 girls for every 1000 boys, down from 927 in 2001. (Shrinivasan & Dhawan: 2011). The Government of India adopted the "Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994" to put a halt to female foeticide and to slow the drop in CSR. According to the 2011 Census statistics, the "socially backward" groups, namely Scheduled Castes and Scheduled Tribes, outperform the rest in terms of CSR, with CSR among STs at 957, SCs at 933, and the entire population, excluding these two categories, at 910. This pattern revealed that "backwardness" may actually benefit gender justice, probably because "backwardness" denied access to sex determination procedures.

Health-Care Rights-

It is a requirement for the right to life. Every year, a substantial number of youngsters die in India. Most of these deaths are caused by a lack of sufficient health care, immunisation, the prevalence of avoidable infections, unclean drinking water, a lack of sanitation, a lack of regular prenatal monitoring, unsafe deliveries, and malnutrition. According to a CRY survey, only 54% of children were fully immunised (Bhandary, 2013-b). According to the National Family Health Survey, India is home to one-third of the world's malnourished children (Indian Express, 2000). In terms of mental health, the World Health Organization reports that 15% of children in India suffer from severe emotional problems (WHO, 2001). "Child Marriage" is another concern in the context of child health (and child protection). Child marriage is a common occurrence in India. Regardless of their social or economic circumstances, all children have the right to care and protection, as well as the opportunity to develop and grow into fully formed individuals. All of these rights are flagrantly violated by child marriage. It is usually assumed that up to 50% of Indian women marry before reaching the age of 18. Child marriages are more common in rural areas and among the poorer parts of the community. Culture and tradition are largely to blame for this practise in some sections of the country. Other factors contributing to this problem include a lack of parental interest in educating their girl children and parents' readiness to send their girl children away to reduce financial burdens. This practise leads to premature pregnancies and deliveries at a young age. The ramifications for the young girls' health are evident. One of the many effects of child marriage is an increase in infant and mother mortality rates. Other reproductive health issues emerge as well. These are rarely addressed, resulting in women's poor health.

According to the Unicef Stocktaking Report on Children and AIDS, AIDS-related fatalities among adolescents aged 10 to 19 increased by 50% between 2005 and 2012, rising from 71,000 to 1,10,000, and many of them were unaware they were afflicted. In 2012, an estimated 74% of the 2.1 million adolescents lived in 12 high-burden nations. India is one of these countries with a high burden. South Africa, Nigeria, and Tanzania are among the other countries. South Asia has a total of 1,30,000 infected teenage patients, with 51 percent being boys and 49 percent being girls. It claims that efforts of US$ 5.5 billion will be needed by next year to prevent an additional two million adolescents, primarily females, from becoming infected by 2020.

The right to clean drinking water

Another prerequisite for the right to life is the access to safe drinking water. In India, access to safe drinking water is a big concern. A huge section of India's population lacks access to safe drinking water. Access to drinkable water is a significant issue in rural areas: 20% of the rural population does not always have access to potable water (http://www.humanium.org/en). As a result, it is the children living in these places who are most vulnerable to different water-related health concerns, as children are unable to maintain minimum hygiene standards in the lack of appropriate water supply. Water-borne infections are rampant due to unsanitary circumstances and a lack of potable water, causing despair and death. Children are the most vulnerable victims of this tragedy. 2.4 Food Rights: It is a human right not to go hungry or suffer from malnutrition. Despite the fact that India produces surplus food, a sizable portion of the population, particularly children, remains malnourished. According to the Global Hunger Index (GHI) Report, India is home to one-quarter of the world's hungry, or 210 million people. India remains in the "Alarming" category of countries ranked by the intensity of hunger. The GHI is based on three indicators: the proportion of persons who are undernourished, the proportion of children under the age of five who are underweight, and the mortality rate of children under the age of five. According to the report, around 40% of children are underweight. (Varma, 2013) The nutritional content of food consumed per person is decreasing, according to the National Sample Survey Organization. In rural areas, it fell from 2153 kilocalories per person per day in 1993-94 to 2020 kilocalories in 2009-10, and from 2071 to 1946 kilocalories in urban areas (Varma, 2013). While children in the rich sectors suffer from overeating, children in the poorer sections suffer from malnourishment. The main causes of this predicament are poverty and a lack of knowledge about a healthy diet. The government provides subsidised food grains and pulses to economically disadvantaged populations. Furthermore, with a particular emphasis on boosting children's nutrition, India has two important governmental projects, notably the "Midday Meal Scheme (MMS)" and the "Integrated Child Development Services (ICDS) Scheme. All state governments in India have implemented the "Midday Meal Scheme (MMS)" in schools in order to provide children with at least one full meal every day. Children between the ages of 0 and 6 are eligible for the ICDS Scheme, which provides them with a supplementary nutritional food. However, in a "Joint Review Mission" on the MMS in the Maharashtra district of Buldhana, the Union Human Resources Development Ministry discovered that 54.40 percent of boys and 66.70 percent of girls were underweight despite being MMS recipients (Choudhari, 2013). Another study found that every second Indian child (6-35 months) is malnourished. According to the research, which cites CRY, 79 percent of Indian children are anaemic (Bhandary, 2013-c).

The Right to an Education

According to the 2011 census, 26% of the Indian population is illiterate. This country has the most uneducated people in the world. In the absence of parental literacy, children's education suffers. Gender and caste discrimination are also issues that contribute to children's marginalisation in the educational system. Girls are repeatedly denied equal access to and completion of primary education (Bajpai, 2008 p-449). As a result, primary education falls far short of becoming universal. The fact that many youngsters are not enrolled in school and that many drop out before finishing their education is a major source of concern. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which went into effect on April 1, 2010, is a crucial step in ensuring children's educational rights. The recently passed Act is anticipated to ameliorate the issue. Despite the passage of the RTE Act, according to a CRY report, the national dropout rate at the elementary level is 40%. (Bhandary, 2013-d).

The right to be protected

According to a research done in 2007 by the Ministry of Women and Child Development of the Government of India, more than 69 percent of children aged 5 to 18 are victims of abuse (Kacker, L., et al 2007). A high percentage of children are also abused at home and in school. There are an estimated 500,000 street children in the United States, who are vulnerable to violence and exploitation (Unicef, 2000). Hundreds of thousands of girls are trafficked and forced into prostitution in city brothels (Bajpai, 2008 p-449). The term "Child Protection" refers to the protection of children from or against any perceived or real threat or risk to their life, personhood, or childhood. It is about lowering their vulnerability to injury and protecting them in potentially dangerous situations. It is about ensuring that no child falls through the cracks in the social security and safety net, and that those who do fall through the cracks receive the required care, protection, and support to bring them back into the safety net. To address the limitations listed above, the Ministry of Women and Child Development of the Government of India launched the "Integrated Child Protection Scheme (ICPS)" in 2009 in order to contribute to the development of a system that will efficiently and effectively protect children while minimising service gaps. It is founded on the cardinal ideas of "child rights protection" and "the interests of the child." Its goal is to reach out to all children, especially those in difficult circumstances, by combining the MWCD's existing child protection schemes into a single centrally sponsored scheme. The ICPS focuses its efforts on children that require care and protection, as well as children who are in confrontation with the law (MWCD, 2010). "Child Labor" is a crucial topic in the context of child protection. In India, hundreds of thousands of youngsters are employed in various sorts of labour. According to statistics, India has the most child labourers in the world, with 16.57 million. According to CRY data, 54 percent of child labour is in agriculture, 18 percent is in households, 15.5 percent is in construction, and 4.83 percent is in manufacturing. Why should a child - any child - have to work at all? "Mainly to aid their families, because the adults do not have sufficient employment and adequate income," explains a Prayas, an NGO that rehabilitates street children, official. "Children also work because there is a market demand for cheap labour. Poor and bonded families often'sell' their children to contractors who offer jobs in cities, and the youngsters wind up being exploited as a result. Many people flee and make a living on the streets." Children struggle to escape the shackles of poverty, adult unemployment, and social inequality. Child labour continues to exist as a result of the state's failure to address these issues (Sawhney, 2006). According to the most recent CRY survey, 11.8 percent of Indian children are involved in some type of child labour (Bhandary, 2013-e). Child trafficking on a large scale has been observed throughout the country. The problem has been exacerbated by widespread physical and sexual abuse of working children. They are impoverished, with insufficient food and shelter and no access to health care (Bajpai, 2008 p-449). There are numerous reasons to conclude that political will is weak, and as a result, the Child Labor (Prohibition and Regulation) Act of 1986 is not being properly enforced.

The Right to Free Expression:

This right relates to the child's right to think and express himself or herself freely, to have opinions, to have access to knowledge, and to participate in decisions that impact his or her life. Children have the right to religious freedom as well. The freedom of expression and opinion is guaranteed by the Indian constitution. However, in general, children are not permitted to express their opinions. Children's perspectives are not given enough weight. All major decisions are usually made on behalf of children by adults. Unfortunately, in India, children's participation at any level is regarded as secondary. Children are always taught to obey elders without questioning as a cultural practise. Children are often instructed not to express themselves in front of elders (Bajpai, 2008 p-456).

The Right to an Identity

In India, foolproof birth registration is not a reality. In India, only about 41% of births are registered, with the majority occurring in urban areas. Children's rights are violated in the absence of birth registration because they are treated as non-entities. Every kid has the right to know his or her surname, first name, country, and who his or her relatives are. The right to identification entails publicly acknowledging each child's existence and rights (http://www.humanium.org/en). Children in India continue to face discrimination based on their social status, caste, or religion.