Evolution of Child Rights in India
- To give the students a thorough grasp of how child rights have changed throughout the world, with an emphasis on India in particular.
- To give a general overview of the many services that kids can access under various child rights laws.
- To increase awareness of children's issues so that the student may recognize how India's laws against child labor are violated.
- To offer information that is adequate for someone to work as a functionary for children's rights.
Content
- History of Child Rights
- Issues in Child Rights
- Paradigm Shifts
- History of Legislations for Protecting Child Rights in India
- Situation of Children in Asia-Pacific according to ‘Humanium’
- Agencies for Child Rights
History of Child Rights
Establishment of UNICEF
Numerous children endured unspeakable pain as a result of World War II. The United Nations General Assembly established the United Nations International Children's Emergency Fund (UNICEF) on December 11, 1946, to address the needs of the millions of displaced and refugee children who were denied access to food, housing, and other necessities in the wake of World War II. Reaffirming the larger terms of reference established for the Fund in 1950, the General Assembly voted to continue UNICEF's mandate on a permanent basis (as a permanent international organization) in October 1953. The formal name is changed to the United Nations Children's Fund, dropping the phrases "international" and "emergency," but the previous abbreviation, UNICEF, has become too well-known to be altered. UNICEF developed into an outspoken supporter of children's rights during the 1970s. The United Nations Commission on Human Rights received assistance from UNICEF in the 1980s as it drafted the Convention on the Rights of the Child. Since 1949, UNICEF has conducted operations in India. It is the United Nations' biggest agency in the nation. It has been stated that the Government of India and UNICEF have a Country Programme Action Plan 2013-2017. By minimizing imbalances based on caste, race, gender, poverty, region, or religion, the country's overarching objective is to enhance the rights of children, adolescents, and women to survival, growth, development, participation, and protection. It attempts to hasten the process of achieving the Millennium Development Goals and was developed in the framework of the 12th Five Year Plan and the United Nations Development Action Framework. Building on their more than 60 years of cooperation, UNICEF will continue to work closely with the government to advance children's rights in India.
United Nations Convention on the Rights of the Child (UNCRC)
The Declaration of the Rights of the Child was approved by the United Nations General Assembly in 1959 (DRC). The DRC outlines ten principles for children's rights. All of the nations did not, however, sign this document. As a result, these 10 principles merely offered a general value. The United Nations Convention on the Rights of the Child, also known as the Universal Declaration of Children's Rights, was made possible by the DRC (UNCRC). On November 20, 1989, the UN General Assembly unanimously accepted the UNCRC. This became the first legally binding international document that acknowledged all of a child's fundamental rights. The UNCRC gives legal form to the idea that children have their own set of fundamental rights and that these rights should be prioritized in all political, economic, and social decisions. The 54 articles in it outline children's economic, social, and cultural rights. The general principles of non-discrimination, the best interests of the child, the right to life, survival, and development, as well as respect for the child's opinions, are all enshrined in this document. The distinctive civil rights and freedoms, family environment and alternative care, fundamental health and welfare, educational, recreational, and cultural activities, and special protection measures are then covered in detail.
Since India adopted the UNCRC in December 1992, the Indian government is required to uphold the provisions of the UNCRC. The International Charter of Child Rights has been ratified by 191 out of 193 nations as of 2011, demonstrating its broad acceptance and recognition. Only two countries, Somalia and the USA, chose not to ratify the UNCRC. (Since Somalia currently lacks an internationally recognized government, ratification is not possible; additionally, the United States, one of the convention's original signatories, has not ratified the treaty due to reservations about how it might affect national sovereignty and the parent-child relationship.) Nothing less than "the cornerstone of a new moral ethos for children" and a tool emphasizing that "respect for and protection of children's rights is the starting point for the full development of the individual's potential, in a climate of freedom, dignity, and justice" have been used to describe it (WCD, 2000). In February 1997, the Indian government presented its initial country report under the Convention on the Rights of the Child.
Issues in Child Rights
Right to life
According to vital statistics data for 2012, the "Infant Mortality Rate (IMR)" varies from 10 to 56 in the various Indian states. Since 2003, the IMR has decreased by 28% in urban India compared to 30% in rural India. According to a CRY report, the IMR is 7. (Bhandary, 2013-a). The infant mortality rate (IMR) is the number of newborn deaths per 1,000 live births in a given year. It is regarded as a crucial indicator of the quality of the population's health care, nutrition, and educational status. One of the "Millennium Development Goals (MDGs)" with a deadline of 2015 is the reduction of IMR (Varma, 2013 a). One encouraging development in the context of the right to life is the fall in IMR. The Global Hunger Index (GHI) Report, which was published on October 14th 2013, states that India's mortality rate for children under the age of five is approximately 6%. (Varma, 2013b). The main causes of the yearly mortality of thousands of children in India are poverty and cultural preferences for male offspring. The widespread deaths of girls caused by the practices of female foeticide (selective abortion), female infanticide (drowning, poisoning, suffocation, or willful neglect resulting in the child's death), and general neglect of girl children continue to have a negative impact on the sex ratio. India's kid sex ratio is steadily declining. According to census data from 2011, the child sex ratio (CSR) for children aged 0 to 6 fell even more, from 927 in 2001 to 914 females for every 1000 boys (Shrinivasan & Dhawan, 2011). In order to prevent the practice of female foeticide and stop the drop in CSR, the Indian government passed the Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act in 1994. The Scheduled Castes and Scheduled Tribes are the "socially backward" groups, according to data from the 2011 Census, with CSR among STs at 957, SCs at 933, and the total population, excluding these two categories, at 910. This pattern implied that "backwardness" would actually support gender justice, presumably because it would prevent access to sex determination methods.
Right to good health:
It is necessary for the right to life. In India, a lot of children pass away every year. The majority of these deaths are mostly caused by inadequate access to healthcare, a lack of immunizations, the prevalence of avoidable diseases, contaminated drinking water, poor sanitation, a lack of regular prenatal monitoring, unsafe deliveries, and hunger. Only 54% of children, according to a CRY report, received all the recommended vaccinations (Bhandary, 2013-b). One-third of the world's malnourished children live in India, according to the National Family Health Survey (Indian Express, 2000). In terms of mental health, the World Health Organization reports that 15% of Indian youngsters experience severe emotional problems (WHO, 2001). Child marriage is yet another concern in the context of child health (and child protection). In India, child marriage is a common practice. Regardless of their social or economic circumstances, all children have a right to care and protection, as well as the opportunity to grow and develop into fully human beings. All of these rights are flagrantly violated by child marriage. According to popular belief, up to 50% of Indian women get married before turning 18 years old. Child marriages are seen to be more common in rural areas and among lower socioeconomic groups. This practice is mostly a product of culture and custom in particular regions of the nation. Other reasons contributing to this issue include parents' lack of interest in educating their children and their readiness to send their children abroad to lessen the financial load. Early pregnancy and deliveries are the effects of this technique. The little girls' health is clearly affected, as well. The infant and mother death rates are two of the numerous negative effects of child marriage. Other issues with reproductive health also appear. Due to their infrequent attention, women have poor health status.
According to a UNICEF Stocktaking Report on Children and AIDS, the number of AIDS-related fatalities among teenagers between the ages of 10 and 19 rose from 71,000 to 1,10,000 between 2005 and 2012, an increase of 50%. Many of these victims were unaware that they were infected. In 2012, there were 2.1 million adolescents, with 12 high-burden nations housing an estimated 74% of them. India is one of these nations with a high burden. Tanzania, Nigeria, and South Africa are some additional nations. 1,30,000 adolescents in South Asia are affected overall, with 51% of boys and 49% of girls. It claims that in order to prevent an additional two million teenagers, primarily girls, from contracting the disease by 2020, an investment of US$ 5.5 billion must be made by the end of the current year.
Right to Safe Water
The right to safe water is yet another prerequisite for the right to life. In India, getting access to clean water is a big problem. India has a sizable fraction of the world's population that lacks access to clean drinking water. 20% of the rural population does not always have access to drinkable water, which is still a significant issue in rural regions (http://www.humanium.org/en). Because of this, children in these communities are more likely to experience numerous health issues related to water because they are unable to maintain the bare minimum of hygiene due to the lack of adequate water availability. Water-borne infections are generally widespread and frequently fatal due to unhygienic circumstances and a lack of adequate water. The worst victims of this hardship are children.
Right to Food
It is a right not to go hungry or experience malnutrition. India has been producing more food than it needs, but a sizable portion of the population, particularly children, continues to be undernourished. According to the Global Hunger Index (GHI) Report, India is home to 210 million of the world's 210 million hungry people. India is still listed among the nations with an "alarming" level of hunger. The GHI is based on three metrics: the percentage of undernourished people; the percentage of underweight children under five; and the mortality rate of children under five. According to the report, roughly 40% of children are underweight. (Varma, 2013). The National Sample Survey Organization claims that the amount of nutrients in food consumed per person is declining. In rural areas, it decreased from 2153 to 2020 kilocalories per person per day in 1993–1994, and from 2071 to 1946 kilocalories in urban areas (Varma, 2013). Children from wealthier sectors have issues with overeating, while those from poorer portions struggle with malnutrition. The main causes of this condition are poverty and a lack of knowledge about a healthy diet. The government offers subsidized grains and pulses to economically disadvantaged groups. There are also two significant government programs in India, the "Midday Meal Scheme (MMS)" and the "Integrated Child Development Services (ICDS) Scheme," both of which have a particular focus on enhancing children's nutrition. In order to ensure that students have at least one complete meal each day, all Indian state governments have implemented the "Midday Meal Scheme (MMS)" in schools. Children in the 0–6 age range receive a supplemental nutritional meal under the ICDS Scheme. But despite being recipients of MMS, the Union Human Resources Development Ministry discovered that 54.40% of boys and 66.70% of girls in Buldhana district, Maharashtra, were underweight (Choudhari, 2013). Another report claims that every second Indian child (6–35 months) is undernourished. According to the research, which also quotes CRY, 79% of Indian children are anemic.
Right to Education
Right to Protection
A 2007 study by the Ministry of Women & Child Development, Government of India, found that abuse affects more than 69% of children between the ages of 5 and 18. Numerous youngsters also experience maltreatment at home and in schools. Nationwide, there are an estimated 500,000 street children that are vulnerable to abuse and exploitation (Unicef, 2000). Numerous young women are trafficked and forced into prostitution in urban brothels (Bajpai, 2008, p.449). The goal of "child protection" is to safeguard children from any perceived or actual harm to their life, personhood, or childhood. It aims to lessen their susceptibility to injury of any type and shield them from peril. It entails making sure that no child is left outside of the social safety net and that those who are are given the assistance, care, and protection they require in order to re-enter it. The "Integrated Child Protection Scheme (ICPS)" was introduced in 2009 by the Ministry of Women & Child Development, Government of India, in an effort to lessen the restrictions mentioned above and to help build a system that will effectively and efficiently protect children while minimizing service gaps. It is founded on the fundamental ideas of protecting children's rights and serving the best interests of children. Its goal is to reach out to all children, especially those who are in challenging situations, by integrating the MWCD's current child protection programs into a single, centrally funded program. The ICPS focuses its efforts on helping children who are in need of care and protection as well as those who are in trouble with the law.
Right to Freedom of Expression
Right to Identity
Paradigm Shifts
Earlier Approach
- Needs
- Welfare
- Institutional and residential care
- Custodial care
- Segregation and isolation
- Beneficiary and recipien
Present Approach
- Rights
- Development
- Non- residential and family-based alternatives
- Holistic development
- Inclusion and mainstream
- Participant and partner
History of Legislations for Protecting Child Rights in India
The beginning
Children’s Acts
The Juvenile Justice Act
Prohibition of Child Marriages Act
Child Labour (Prohibition and Regulation)
Commissions for Protection of Child Rights
Ban on corporal punishment
Right to Education Act
Protection of Children from Sex Abuse
National Policy for Children-2012
The National Policy for Children, 2012 was adopted by the Indian Union Cabinet on April 18, 2013. The policy, which acknowledges that everyone under the age of 18 is a kid, was passed to reaffirm the government's commitment to achieving the rights of children in the nation. According to the policy, every child has inalienable rights to survival, nutrition, health, development, education, protection, and participation, and they have been acknowledged as the main focus areas. All laws, policies, strategies, and programs impacting children should be guided and informed by this policy. The concepts and provisions of this policy must be adhered to and respected in all national, state, and municipal government programs and actions across all sectors. The National Commission for the Protection of Children's Rights and the State Commissions for the Protection of Children's Rights are given the duty of ensuring that the policy's guiding principles are upheld at all levels and in all sectors. The government has also included a clause that calls for a five-year review of the policy. The nodal ministry for directing and coordinating the policy's implementation is the Ministry of Women and Child Development. and will oversee the evaluation process.
Situation of Children in Asia-Pacific according to ‘Humanium’
Agencies for Child Rights
Reference
- Bajpai, Asha (2008) Child Rights in India: Law Policy and Practice, Oxford University Press, New Delhi.
- Bhandary, Shreya (2013) Every second Indian child is malnourished: Report, Times of India, Nagpur, 14.11.2013 p-9.
- Desai, Murali (2012) Child Protection Rights, in Encyclopaedia of Social Work in India, New Royal Book Company, Lucknow.
- Dhawan, Himanshi (2013) India among 12 nations with most HIV+ adolescents, Times of India, Nagpur 1.12.2013 p-10.
- Indian Express (2000)National Family Health Survey 2000, Indian Express, 22nd December 2000, Mumbai.
- Kacker, L., Varadan, S. & Kumar, P. (2007), ‘Study on Child Abuse: INDIA 2007’,Ministry of Women and Child Development Government of India, New Delhi.
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