Institutional and Non- Institutional Services for Children in India

Content

Introduction
Indian Scenario
Non-institutional services for the children in India
Institutional Structures/Services relating to protection of children
Summary

Introduction

From a historical viewpoint, there have been substantial changes in child welfare law, policy, and practice over time. There was the idea of authority and control prior to 1839. The father had unrestricted control over his children, according to recognized common law principles. Following this, the welfare concept found expression in the prevalent family ideology. Welfare measures were given to children. Only in the 20th century did the idea of children's rights become widely accepted. It is important that the emphasis has shifted from the "welfare" and "needs" approach to the "rights" and "development" approach. Over 400 million children under the age of 18 make up 40% of India's population of over one billion people. More children live in India than there are people living in all of North America (USA, Mexico and Canada put together). Indian children make up one in five.

A number of significant governmental and legislative changes, as well as substantial judicial interventions pertaining to child protection, have come about in the twenty-first century. The need-based approach to child protection has been significantly replaced by a "rights" and "development"-based approach in legislation, policy, and institutions. The rights-based approach recognizes States as the primary duty bearers and children as the holders of rights. It goes without saying that supporting India's economic progress and advancing human development depend on ensuring that all children are given the opportunity to reach their full creative potential. Not all children have equally benefited from the extraordinary development and transformation that the nation has seen lately. Tens of millions still struggle to survive and grow in a healthy way.

Every nation views its children as one of its most valuable resources. The growth of children is just as vital as the growth of material resources, and raising children is the finest way to grow the nation's human resources. The world's greatest child population resides in India. India is making enormous efforts to promote the growth and welfare of children. In many areas, there has been significant improvement in protecting children's fundamental rights. But there is still a lot to be done. The nation reaffirms its commitment and resolve to offer all children's basic needs and rights the highest priority. The most susceptible group to exploitation and abuse is children. For children's health, nutrition, and education, much more has to be done. It is regrettable that girls, in particular, experience crippling discrimination at every level. As a result, attempts to enhance the life and opportunities of the girl child are receiving special attention.

Indian Scenario

Health for Children in India

India welcomes almost 27 million new babies each year. However, around 2 million of them do not survive past the age of 5.
Malnutrition is mostly to blame for this. Over 200 million people in India are malnourished, and more than 40% of children who do survive to age 5 do so.
By international standards, vaccination rates are quite low.
Children under 3 had anemia in 79% of cases. Iodine shortage causes the learning capacity of half of youngsters to be diminished.

Children's Education in India

Although most kids are enrolled in school, up to half don't go there frequently. Many people feel under pressure to work and provide for their family.
Less than 60% of students can read a short tale or perform basic math after five years of instruction.
According to official statistics, there are around 12 million child labourers in India, but many NGOs estimate that the true number could be as high as 60 million. There are about as many girls involved as there are boys.
The majority of them are domestic workers or work in places like hotels, dhabas (roadside restaurants), and textile industries. Many jobs, like those in factories that make firecrackers or matchsticks, can be dangerous; even when they are not, the working conditions are frequently horrible and deprive children of their youth.
A law passed in 2006 forbade children under the age of 14 from working. But as with many laws in India, enforcement is a challenge. The Labour Ministry has conducted 12,000 operations but only brought 211 cases to court two years after the ban.

Child Abuse in India

One of the largest and most in-depth investigations ever conducted on child abuse, in collaboration with UNICEF and other organizations, was released by the Indian government in 2007 as its findings.

Two thirds of children are victims of physical abuse. The majority are beaten in school, and over half have to work seven days a week.
Over 50% have faced some kind of sexual abuse, and over 20% of them severe abuse.
Half of children also face emotional abuse.

As a result, this is part of the background in which so many kids decide to leave their home or town and wind up in a metropolis like Delhi3 or are compelled to do so. These issues facing Indian children show the necessity for child-related services. After ratifying the UNCRC in December 1992, India has made a number of initiatives to uphold children's rights through institutional and non-institutional programs (Bajpai: 2010). In India, there are numerous services available for kids. It can be broadly divided into two categories: institutional and non-institutional. Let's first comprehend the child in India and the numerous arrangements made for them before moving on to the main issue.

Non-institutional services for the children in India:

The Juvenile Justice Act (JJA), passed in 2000, provides for the rehabilitation and social re-integration of both children in need of care and protection and those who have come into conflict with the law. The children's home or special home is where the rehabilitation and social reintegration of a child must start. The foundation for non-institutional services is provided by CRC Articles 20 and 21. Children who lack a family environment are given alternative family care or are placed in institutions, according to CRC Article 20. Adoption, foster care, and sponsorship are examples of noninstitutional services that are covered by the Act.

According to Section 2(aa) of the JJA, "adoption" refers to the legal process by which a kid is permanently cut off from his original parents and raised as the legitimate child of his adoptive parents, with all the associated rights, benefits, and obligations. Since adoption offers long-term replacement care in a family setting, it is regarded as the best solution available for orphaned, abandoned, and destitute children. The adoption regulations in India are based on religion. The Hindu Adoption and Maintenance Act, 1956 is a statute that governs adoption among Hindus. However, there remains a legal void in India when it comes to adoption by or of other communities.

The most significant non-institutional service is adoption. A secular adoption law was introduced by the JJA in 2000. The adoption of orphaned, abandoned, or surrendered children has been made possible under the JJA's Section 41. Children may be given in adoption by a Court once it is satisfied that the necessary inquiries have been made, in accordance with the provisions of the various adoption guidelines that are periodically issued by the state governments or the Central Adoption Resource Agency and notified by the Central Government. The Child Welfare Committee must declare the kids available for adoption. Regardless of a person's marital status or the child's sex, the court may allow a kid to be given up for adoption to childless couples. According to the Hague Convention, which India has ratified, domestic adoption is the first choice.

Children whose parents are unable to care for them due to illness, death, the desertion of one parent, or any other emergency are given temporary substitute care through foster care.

Sponsorship: Giving families financial assistance in order to meet the health, dietary, and educational needs of children as well as to enhance their overall quality of life.

Other Non-Institutional Services

Constitutional Provisions

Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15(3) provides that, “Nothing in this article shall prevent the State for making any special provision for women and children.”
Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 21A directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
Article 23 prohibits trafficking of human beings and forced labour.
Article 24 prohibits employment of children below the age of fourteen years in factories, mines or any other hazardous occupation.
Article 25-28 provides freedom of conscience, and free profession, practice and propagation of religion.
Article 39(e) and (f) provide that the State shall, in particular, direct its policy towards securing to ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter vocations unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45 envisages that the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

Legislations:

There are many laws that deal with children. The following are some of them.

The Guardian and Wards Act, 1890.
The Child Marriage Restraint Act, 1929.
The Immoral Traffic (Prevention) Act, 1956.
The Young Persons (Harmful Publications) Act, 1956. ÿ National Policy for Children (22-08-1974)
The Child Labour (Prohibition and Regulation) Act, 1986.
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
The Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994.
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
The Juvenile Justice (Care and Protection of Children) Act, 2000. ÿ National Plan of Action for Children 2005.
The Commissions for Protection of Child Rights Act, 2005.
The National Policy for Children, 2013.

National Child Award for Exceptional Achievement:

The National Child Award for Exceptional Achievement was established in 1996 to honor young people who have excelled in a variety of areas, including academics, the arts, culture, sports, and other activities. This award will be given to a child between the ages of 4 and 15 who has demonstrated extraordinary success in any area, including academics, the arts, culture, sports, etc. Each year, 35 silver medals (one for each State/UT) and one gold medal will be awarded.

The Awards for the child with exceptional achievement shall consist of:-

(A) Gold Medal – 1 (One)

A cash prize of Rs.20, 000/-
A Citation and certificates, and
A Gold Medal

(B) Silver Medals – 35 (Thirty five)

Award money @ Rs.10, 000/- for each awardee.
A citation and certificate for each awardee, and
A Silver Medal for each awardee

On November 14th, Children's Day, the Ministry of Women and Child Development holds a ceremony in New Delhi to present these Awards.

National Award for Child Welfare:

The Award was established in 1979 to recognize five organizations and three people who have excelled in the area of child welfare. For the National Award for Child Welfare, each institution receives a financial reward of Rs. 3 lakh along with a certificate, and each individual receives Rs. 1 lakh and a certificate.

Rajiv Gandhi Manav Seva Award

This Award was established in 1994 to recognize someone who contributes outstandingly to the service of children. A silver plaque, a citation, and a cash prize of Rs. 1 lakh are included with the Award. From the year 2006, there were three Awards.

Cultural Exchange Programme:

The Ministry of Women and Child Development is organizing workshops for the delegation from Mauritius as part of the Cultural Exchange initiative with the Government of Mauritius. In this series of workshops, NIPCCD, on behalf of the Ministry of Women and Child Development, organized a session on "Gender Training on Women Empowerment" and another training on "Prevention and Combating Trafficking in Women and Children for Commercial Sexual Exploitation: an Orientation."

Institutional Structures/Services relating to protection of children

Various laws have established institutions and mechanisms to defend the rights of children. Under the Juvenile Justice Act, the following institutions and structures exist: Observation Home, Special Homes, Children's Homes, Shelter Homes, Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), Special Juvenile Police Units (SJPUs), and Child Protection Units. In addition, the Family Courts Act of 1984 and the National Commission for the Protection of Children Act of 2005 established Family Courts.

Shelter Homes are temporary drop-in centers for children in need of care, protection, and immediate assistance. State governments recognize reputable and competent nonprofits and provide them with support to establish and manage as many shelter homes as necessary. 4.2. In every district or group of districts, the state government or a nonprofit organization certified by the state must build and maintain Children's Homes for the first reception of a child in need of care and protection during the pendency of any investigation. The Kid Welfare Committee may send the child to the Home for care, treatment, education, training development, and rehabilitation once the investigation is complete.

Observations In each district or group of districts, state governments or nonprofit organizations certified by state governments establish and operate homes for children in disagreement with the law. Children in confrontation with the law are temporarily placed in Observation Homes while any investigation relevant to them under the Act is pending. A juvenile is initially detained in the reception section of the observation home for basic inquiries, care, and classification according to his or her age, bodily and mental condition, and nature of the offense.

In every district or set of districts, the state government or a nonprofit organization approved by the state must build and manage Special Homes for the reception and rehabilitation of children in conflict with the law.

Aftercare Organizations must be founded or recognized in accordance with the rules established by the respective state governments under the Act. After leaving special homes and children's homes, these organizations will care for children and adolescents in order to help them lead honest, productive, and helpful lives. Before each child's discharge from the Special Home or Children's Homes, the probation officer's report will be reviewed, and the necessity, nature, and duration of after-care will be determined. The maximum length of stay in after-care organizations is three years, and the juvenile or child must be older than 17 but younger than 18; he or she may remain there until the age of 21. Currently, aftercare organizations are grossly inadequate. They must have facilities and trained personnel for career counseling and guidance.

In accordance with the Act, Child Welfare Committees (CWCs) must be established in each district to assist children in need of care and protection. In Prerana v. State of Maharashtra and Others, it was determined that children rescued from brothels must be recognized as "children in need of care and protection" under the Juvenile Justice (Care and Protection of Children) Act of 2000. A defense attorney should not also represent the victims. The Committee will consist of the Chairperson and four additional members, one of whom must be a woman and another must be an expert on issues pertaining to children. The Committee will have the authority of a Metropolitan Magistrate or a First-Class Judicial Magistrate. A child in need of care and protection may be brought before the CWC by any police officer or designated police officer or special juvenile police unit, any public servant, Childline (a registered voluntary organization) or any state government-recognized voluntary organization, or by the child him or herself. There is a provision in the Act that allows a social worker or a concerned citizen to produce the child before the CWC, provided that the child is produced within twenty-four hours (excluding the time necessary for the journey). The primary goals of establishing CWCs are the restoration of a child to his or her parents, including adopted and foster parents, guardians, suitable individuals, and suitable institutions, and the protection of a child. Members of a CWC are charged with the grave obligation of addressing issues including child sexual abuse victims, trafficked children, child laborers, indentured laborers, disabled children, displaced children, migratory children, etc. Many of them, however, are part-time, untrained volunteers who are ill-equipped to handle the complicated legal concerns they must confront. Thus, the CWCs require full-time, committed, and trained members.

This Act establishes the Juvenile Justice Board (JJB) to deal with minors in dispute with the law. Every six months, the Chief Metropolitan Magistrate (CMM) or Chief Judicial Magistrate (CJM) must evaluate ongoing cases. If there are a high number of pending cases, they must direct the Board to meet more frequently or form more Boards in order to clear the backlog. The Juvenile Justice Board is authorized to issue the following orders:

Permit the adolescent to return home following advise, admonition, and therapy, or
Require the teen to engage in group therapy and comparable activities, or
Order the minor to complete community service, or
Order the juvenile's parent or the juvenile herself/himself to pay a fine if she/he is older than 14 and earns money. A JJB must consist of a Metropolitan or First-Class Judicial Magistrate and two social workers. A female social worker must be present. The Magistrate is designated as the JJB's Chief Magistrate. The Magistrate must have specialized knowledge or training in child psychology or child welfare, and the two social workers must have participated in health, education, or welfare activities involving children for at least seven years.
Direct that the juvenile be released on probation for good behavior and put under the care of any parent, guardian, or other suitable person; such parent, guardian, or fit person must execute a three-year bond for the juvenile's good behavior and well-being. or
Order the juvenile to be released on probation for good behavior under the supervision of any suitable institution for a maximum of three years, or
Issue an order mandating the placement of the youngster in a special home for three years. Taking into account the nature of the offense and the circumstances of the case, the JJB has the authority to shorten this period to less than two years if the juvenile is older than 17 but younger than 18; otherwise, until he reaches the age of 18. If a child above the age of 16 commits a crime so grave that he or she cannot be held in a special home, the Board can send him or her to a safe location after notifying the state government.

National Children's Charter The Government of India established the National Charter for Children, which was drafted with input from State Governments/UT Administrations, relevant Ministries and Departments, and subject matter experts. The National Charter is an articulation of the government's agenda for children. The document highlights the commitment of the Government of India to children's rights to survival, health and nutrition, standard of living, play and leisure, early childhood care, education, protection of the girl child, empowerment of adolescents, equality, life and liberty, name and nationality, freedom of expression, freedom of association and peaceful assembly, the right to a family, and the right to be protected from economic exploitation and all forms of abuse. The treaty also provides for the protection of impoverished children, children with disabilities, children from marginalized and disadvantaged communities, and child victims. In addition to defining the responsibilities of the State and the Community towards children, the treaty highlights the responsibilities of children toward their family, society, and country. The National Charter for Children was published in the India Gazette on February 9, 2004.

Schemes/Projects Various Ministries and Departments of the Indian government are undertaking a variety of initiatives and programs for the benefit of children. The Ministry of Women and Child Development is currently implementing the following schemes and programmes:

Integrated Child Development Services (ICDS) Scheme: Through ICDS centres, health and nutrition-related services are offered to children under the age of 18 as well as pregnant and nursing mothers.
Rajiv Gandhi National Creche Scheme for Working Mothers' Children: The Ministry of Women and Child Development has launched a new Creche Scheme with effect from 1.1.2006 by merging the National Creche Fund with the Scheme of Assistance to Voluntary Organisations for Creche for Working and Ailing Women's Children and revising the financial norms from Rs.18,480/- to Rs.42,384/- per crèche per year. The Scheme offers crèche services to children aged 0 to 6 years, including supplemental meals, emergency medications, and contingencies. The program is officially known as the Rajiv Gandhi National Creche Scheme for the Children of Working Mothers. These creches will be divided 80:11:9 between the Central Social Welfare Board, the Indian Council for Child Welfare, and the Bhartiya Adim Jati Seva Sangh. Priority will be given to underserved districts/areas and tribal regions, while maintaining a balanced regional service footprint. In addition, the Revised Scheme's eligibility requirements have been increased from Rs 1,800 to Rs 12,000 per month per household. As of November 20, 2006, a total of 25605 creches, including 5137 creches sanctioned under the former National Creche Scheme, have been approved.
Nutrition Programme for Adolescent Girls in 51 Districts: Nutrition Component of Nutrition Programme for Adolescent Girls in 51 Districts, implemented with additional central assistance from the Planning Commission, contributes directly and indirectly to the promotion of child nutrition. A National Nutrition Mission has been established under the chairmanship of the Prime Minister, as per a notification dated 31 July 2003, in order to provide policy guidance to government departments for treating malnutrition in a mission manner.
Integrated Programme for Juvenile Justice: The Ministry of Social Justice and Empowerment is implementing this initiative in order to provide care to children in challenging situations and children in dispute with the law through government institutions and non-governmental organizations. Some unique characteristics of the scheme areas:

Establishment of a National Advisory Board on Juvenile Justice
Creation of a Juvenile Justice Fund.
Training, orientation and sensitization of Judicial, administrative police and NGOs responsible for implementation of JJ Act.
Institutional care shall be used but only as a last measure by enlarging the range of suitable alternatives.
Financial assistance to bring about a qualitative improvement in the existing infrastructure.

Childline India Foundation (CIF): CIF has been established as a nodal body, with the help of the Government of India, to oversee and assure the qualitative growth of the Childline service throughout India. Childline is a toll-free telephone service (1098) that anybody can call for child-related services. It has established minimal quality requirements for the services to be offered by its partner organizations running Childline programs in different cities around the nation. It commences preliminary activity preceding the launch of Childline in any given city. CIF is also involved in raising awareness and advocating for child welfare causes in order to reinforce these efforts.
Integrated Child Protection Scheme: In light of the observed inadequacies and the opinions and proposals received from many quarters, it has been decided to consolidate the existing child protection systems into a single, unified program called the "Integrated Child Protection Scheme." The proposed program is to offer care and protection for all children in conflict with the law and children who require care and protection. It would require measures to strengthen families and avoid their dissolution, which would leave children homeless and unprotected. In addition, children who are already marginalized must receive assistance beginning with emergency outreach services and culminating with their reintegration with their families/society.
Parliamentary Forum on Children: A Parliamentary Forum on Children has been established under the leadership of the Lok Sabha Speaker to address all matters pertaining to children. MOS (WCD) is one of the Committee's Chairpersons. On May 22, 2006, she addressed the Parliamentary Forum on Children on the Situation of Girl Children. During the discussion, several topics pertaining to girl kid were discussed. The Forum's Chair has committed to bring up matters pertaining to children in the House if the need arises, Mr. Speaker. In addition, he promised to include child budgeting on the agenda for the following meeting. In another meeting of the Parliamentary Forum on Children conducted on August 10, 2006, Ms. Prema Carriappa, the Deputy Chairman of the Parliamentary Forum, addressed issues pertaining to child labor. Swami Agnivesh shared his perspective on the issue of child labor in the nation. The officers of the Ministry of Women and Child Development attended and took note of the meeting's ideas.

Summary

From a historical viewpoint, the legislation, policy, and practice of child welfare have changed significantly over the years. Previously, the concept of authority and control existed. It was an established principle of common law that the father enjoyed unrestricted parental rights over his children. However, the concept of rights emerged during the twentieth century, and the emphasis has shifted from welfare to needs to rights to development. In spite of the government's best efforts to defend the rights of children through numerous constitutional provisions, legislation, and programs, we are unable to do so due to a number of obstacles. It is believed that children's rights are better protected on the street than in institutions. This is also true as a result of the indifference of institutions in India; institutes established for the protection of children's rights have become centers for the abuse of those rights. For the protection of children's rights, the implementation of child welfare measures should be governed by suitable mechanisms.