JAMIA MILLIA ISLAMIA

NAME :- KUMAIL FATIMA

COURSE :- B.A. LL.B (REGULAR)

SOCIOLOGY PROJECT

ON

CHILD RIGHT
 CHILD RIGHTS IN INDIA

INTRODUCTION Child rights are the human rights of every

children and its main stream of attention is care of minors. the
Convention on the rights of the child of 1989 defines a child as any
human being below the age of eighteen years, unless under the law
applicable to the child ,majority is attained to earlier. children rights
includes their right to association with both parents ,human identity as
well as the basic needs for physical protection ,food ,universal state
paid education, health care ,criminal laws appropriate for the age of
eighteen years ,unless under the law of applicable to the child,
majority is attained .Child rights and child abuse are very complex
and multidimensional concepts which require an understanding of
child from different backgrounds and situations .child abuse is the
violation of the basic human rights of the child and is an outcome of a
set of inter-related familiar, social, psychological and economic
factors.
Children are the most important asset of any nation. Infact a

nations future primarily depends upon them because if they become

educated then they would be a resource for its nation but if they did

not get the right guidance and get indulge in any anti-social activity

then they may become the reason of destruction of the nation and for
the development of children ,The constitution of India recognizes the

special status of children through articles 15(3),24,39(e) and (f) and

45.in the pursuance of the constitutional directions various laws have

been enacted which covers a wide range of matters relating to

children, e.g.:- Right to education ,Right to juvenile justice and

rehabilitation, commission for the protection of child rights,

prevention of offences against child bill,2009,protection of children

from sexual Assault bill,2010 etc.

CONDITION OF CHILDREN IN INDIA:-

Nineteen per cent of the population of the children of the world are

living in India. The child population in India is a large percentage as

per the National census according to last census around 440 million

people in the country were aged below eighteen years and constituted

42 per cent of India’s total population and this an enormous number of

children that the country has to take care of, but at present, in our

country infant and child mortality rates are very high and female

foeticide is commonly widespread in certain states like Punjab,

Haryana, Rajasthan, U.P, etc., child malnutrition is distinctly visible

especially in the children coming from poor families, scheduled castes

and scheduled tribes. A large number of children remain ignored of

immunization and health check-ups and much lower percentage is

enrolled in the schools, despite, a right to education being a

fundamental right and India also accounts for the second highest

number where child labour in the world is concerned According to the

statistics given by Indian government there are 20 million Child

labours in the country, while other agencies claim that it is 50 million.

Children work for eight hours at a stretch with only a small break for

meals. The meals are also not that enough which can satisfy their

requirement of nutrients and that why the children are ill nourished.

Most of the migrant children cannot go their home and sleep at their

work place, which is very bad for their health and development.

Seventy five per cent of Indian population still resides in rural areas

and are very poor. Children in rural families who are striken with

poverty see their children as an income generating resource to earn the

family income. Parents sacrifices the education of their child and

force them to earn to satisfy the growing needs of their younger

siblings and families and turn them as a wage earner. Child labour in
India is a human right issue and it is widespread in the whole world. It

is a serious and extensive problem, with many children under the age

of fourteen working in carpet making factories, glass blowing units

and making fireworks with bare little hands. Child labour and the

violation of other child rights has a serious physical and psycho-social

consequences which adversely affect the health and overall wellbeing

of a child and it is a state of emotional, physical, economic and

maltreatment of a person below the age of eighteen years and is

prevalent all over the Country and is a significant problem . Maximum

number of violation of child rights and child abuse take place in

child's home, with a smaller amount occurring in the organizations,

schools or communities they interact with and in our country,

traditionally the responsibility for care and protection of children lies

with the parents (family). Children were the recipient of welfare

measures in the patriarchal society and while looking after their

children, there was no realization that children are also individuals

with their own rights. Even the constitutional guarantee of

fundamental rights of children in most sections of the Indian society is

traditionally and conventionally not matters and decisions affecting

their lives. In the family and household, wider community, in school

or at work place and across the social and cultural setup in our

country, children’s views are not given much importance. If they

speak out, they are normally not heard. The imposition of restrictive

customs is especially true for girl children. This limits their access to

information and choice, and reduces the possibility of seeking help

outside their immediate circle.

POLICIES AND PROGRAMMES OF GOVERNMENT

FOR CHILD WELFARE:-

Each country should prepare a child abuse stoppage and control

policy bringing in a wide range of sectors. Agencies involved should

include those concerned with transport, health, planning, consumer

product safety, agriculture, education, and law. There should also be

demonstration across the disciplines, with child development experts,

injury epidemiologists, engineers, urban planners, clinicians, social

scientists and others all participating. Concerned groups should be

brought in from government, the private sector, non-governmental

organizations, the media and the general public.

The policies should take the essentials of all children into

interpretation, particularly those who are vulnerable, such as poor and

homeless poor children, children with disabilities and female children,

and should be linked to other child health policies.

 A country’s child rights and child abuse policy should encourage

the progress of national standards and codes on issues that have a

direct bearing on child injury, including such items as products and

appliances, playground and school safety, and residential building

regulations and laws.

A national strategy needs to set aspiring but realistic targets for at

least five or ten years. It should have reckonable outcomes and

sufficient funding to develop, implement, manage, monitor and

evaluate actions. Once the child abuse prevention strategy is formed,

national and local action plans should be prepared laying down

specific actions to be taken and allocating resources for these actions.

So, keeping all these things in mind, the concept of children’s

rights emerged and the focus shifted from the welfare to the rights

based approach and this transition from welfare to right based

approach in the government and civil society is evolving with time.

Children’s programs find a prominent part in our national plans for

the development of human resources. So that children grow up to

become vigorous citizen, physically and mentally fit, and morally

healthy; endowed with the skills and motivations needed by the

society.

National and State Commissions for Protection of Child Rights

constituted as statutory bodies to protect, promote and defend child rights.

They made such policies:-

CHILD DEVELOPMENT

• Integrated Child Development Services (ICDS) - largest early

childhood

Development and care programme

Provides package of services to children up to 6 years

Dedicated infrastructure and personnel to run programme

Centres located within the village

ELEMENTARY EDUCATION i

• Elementary education is a fundamental right of every child.

• Right of Children to Free and Compulsory

 Education Act, 2009 universalises elementary

education for all children 6-14 years

• Sarva Shiksha Abhiyan (Education for all Campaign) has increased

primary school enrolment, especially for girls

• Government funding and support for mid-day meal programme for

children 6-14 years ensures children remain in school

SCHEME FOR ADOLESCENT GIRLS ii

• New programme launched for empowerment of adolescent girls

Addresses gender discrimination, poverty and exclusion

Integrated package of services includes nutrition, health check-ups

and education, counselling and vocational training

CHILD PROTECTION iii

• Juvenile Justice (Care and Protection of Children) Act, 2000

 Institutional and non-institutional measures for care and protection of

children in conflict with the law and in need of care and protection

Special provisions for rehabilitation and social integration of children

Partnerships with local government and communities to promote

child friendly Juvenile Justice System

CHILD PROTECTION

• Integrated Child Protection Scheme (ICPS) to improve well-being of

children in difficult circumstances and reduce vulnerabilities

• Emergency outreach through Child line Services

• Evidence based monitoring and evaluation

CHILD PROTECTION

• Legislation initiated for protecting children from sexual offences

Strengthens provisions relating to child sexual abuse

Incorporates child friendly investigation and trial procedures

 Child centric Jurisprudence

CHALLENGES

• Improving nutritional status of children living

in poorest and marginalised communities

• Increasing availability and access to pre-school services for children

0-6 years

• Bridging the gap in Early Childhood Care and

Education between rural and urban areas

• Reducing school dropout rate

• Eliminating child labour

CHALLENGES

• Controlling and preventing crimes against children

Trafficking
 Kidnapping and abduction

Rape

Buying and selling of girls

• Strengthening evidence base for child protection

• Transforming social norms and practices

Female foeticide

Child marriage

SOUTH-SOUTH COOPERATION iv

• South -South Cooperation is limited to trade and finance

• Limited examples of cooperation in advancing Child Rights

Capacity Building for SAARC countries

Trafficking: SAARC Convention on Combating and Prevention of

Trafficking in Women and Children for Prostitution, 2002

 Protection of Children affected by HIV/AIDS: SAARC Regional

Strategic Framework

South Asia Initiative: To end Violence against Children

CONCLUSION:-

Today,the prime need is to take effective action for the

enforcement and implementation of the policies and programmes

prohibiting child marriages .It is observed that declaring child abuse

and violation of child rights could create a chaos in the society. The

policies and programmes should be strictly followed for the benefit of

society. It is suggested that the enforcement agencies and offers in the

social welfare department should report the incident of child abuse

and violation of child rights so as to penalise erring of wrong doers. It

is much in vogue in Rajasthan and Madhya Pradesh etc even today.

the punishment should be increased.

Now, the time has changed, old ideals of extreme ascelicism have

ceased to appeal, the age of authority has gone and is succeeded by an

era of rationalism and equality. Therefore, the position of children

must be readjusted to the new situation by introducing the changes or

policies mentioned above.

It appears the Indian legislature is fully conscious about the need

to protect the interest of children. However the enforcement aspect

generally remains neglected and needs improvement.

i
Last edited 26
october,2017https://en.wikipedia.org/wiki/Right_of_Children_to_Free_and_Compulsory_Education_Act
ii
http://csridentity.com/governmentschemes/Adolescentgirls.asp
iii
https://www.planindia.org/child-protection-policy
iv
http://www.undp.org/content/undp/en/home/ourwork/development-impact/south-south-
cooperation.html