CHILD-FRIENDLY LOCAL GOVERNANCE- WITH A SPECIAL REFERANCE

KERALA
Project towards partial fulfilment of the assessment in the subject of Local Self Governance

SUBMITTED TO: SUBMITTED BY:

Mr. Om Prakash Gautam Apoorva Singh
Roll No: 1385
Faculty of Law VIIth Semester

NATIONAL LAW UNIVERSITY, JODHPUR

SUMMER SESSION
(JULY-NOVEMBER 2017)
 ACKNOWLEDGEMENT

I take the opportunity, while presenting this project; to express my deep gratitude to all those
who offered their valuable help to us in completing this project successfully. A number of people
provided me with their assistance, encouragement and enthusiasm. Without them this project
would not have been possible. First of all I am extremely grateful & thankful to the National Law
University, Jodhpur, for instilling in me new & lively subjects which are practically observed in
the profession today.
I am extremely thankful to Mr. Om Prakash Gautam for providing me with intellect views on
this pleasing topic and helping me in the completion of this project.

Aiswarya Murali
Shivani Singh

2
 TABLE OF CONTENT

INTRODUCTION......................................................................................................................... 4
CHAPTER 1: STATUS OF CHILDREN ................................................................................... 5
CHAPTER 2: DECENTRALIZATION IN KERALA .............................................................. 7
CHAPTER 3: SCOPE OF PROVIDING CHILD FRIENDLY LSG INSTITUTIONS ........ 8
CHAPTER 4: GOOD PRACTICES AND ENABLING PROCESSES ................................. 10
I. Survival .............................................................................................................................. 10
II. Development ...................................................................................................................... 10
III. Protection ....................................................................................................................... 11
IV. Participation ................................................................................................................... 11
CHAPTER 5: CHALLENGES TO CHILDRIGHTS REALISATIONAND WAYS
FORWARD ................................................................................................................................. 12
I. Survival .............................................................................................................................. 12
II. Development ...................................................................................................................... 12
III. Protection ....................................................................................................................... 12
IV. Participation ................................................................................................................... 12
CONCLUSION ........................................................................................................................... 13

3
 INTRODUCTION
“When I grow up I want to be a panchayat leader.”– boy, 14, Vaniyamkulam (Palakad)

Kerala offers a unique context to research child-friendly governance, the state far outpaces most
Indian states in child-related development indicators such as infant mortality, school enrolment
and literacy figures. At the same time, Kerala faces challenges in its growing rates of ‘second
generation issues’ among children – social and health challenges that often arise after basic
physical healthcare needs have been met – including suicide, depression, substance abuse,
alcoholism and stress. Accordingly, a comprehensive approach for addressing the range of
children’s needs is particularly relevant in Kerala.
Under the decentralisation that occurred through the 1994 Kerala Panchayat Raj Act, Kerala’s
panchayats at the district, block, and gram levels were empowered with an expanded array of
functions, funds and functionaries, allowing them to act as units of Local Self-Government
(LSG). The LSG institutions were encouraged to formulate their own development plans through
grassroots participatory mechanisms, which allow them to make policy changes that reflect the
needs and concerns of children. The United Nations Convention on the Rights of the Child
articulates the universal rights of children – defined as persons under 18 years – to survival,
development, protection and participation. This provides the theoretical framework for
governments to create and implement child-friendly policies. The United Nations Children’s
Fund (UNICEF) partnered with the Kerala Institute of Local Administration (KILA), an
autonomous research and training institution, to create KILA’s Child Resource Centre (CRC-
KILA) to enhance the capacity of LSGs to adopt the principles and practices of more child
friendly governance.
‘Child friendly’ is defined here as an approach which is working toward or ensuring every
child’s right to survival, development, protection and participation at each stage of the child’s
life cycle. UNICEF and KILA advocate the use of Comprehensive Child Development, a policy
based approach that focuses on inclusive childcare through their physical, mental and social
development and uses need based intervention and service delivery according to children’s
particular developmental stage. Leaders intending to implement child-friendly governance can
use Comprehensive Child Development Programmes (CCDP), which holistically provide
children with the various services they may require throughout the stages of their life cycle, from
prenatal to adolescence. UNICEF and KILA encourage LSGs’ adoption of CCDP to facilitate
child-friendly governance.
Given this important work on child-friendly governance, through this project we seek to provide
evidence of how this sort of holistic childcare approach may function in Kerala, and to record
good practices that help Local self government achieve more child-friendly policies and
communities.

4
 CHAPTER 1: STATUS OF CHILDREN
“We want to play, but the public grounds are always occupied by boys”.– Meena, 15,
Adat(Thrissur)

Kerala lead Indian states in per capita GDP and the Human Development Index (0.790), earning
the designation of ‘very highly’ developed in 2011.1Accordingly, Kerala fares better than other
states in the status of its children. It tops the Child Rights Index,2 boasts an impressive literacy
rate of 94 per cent,3 and has among the lowest Infant Mortality Rate (IMR) in India.4 However,
when Kerala’s IMR is compared to its past performance, the figures appear to have stagnated,
remaining at 12 deaths per 1,000 live births since 2009.5 In terms of education, Kerala has nearly
achieved universal education for children aged 11 to 14 years, with an enrolment rate of 97 per
cent.6 However, this figure falls drastically in the age group 15 to17 years, where only 67 per
cent of children attend higher secondary school. Child under nutrition is also a concern, as 22.9
per cent of Kerala’s children under the age of five years are underweight.7 Surprisingly, this
problem is not limited to poorer families, as within the wealthiest 20 per cent, 15 percent of
children are underweight.8
I. THE SECOND GENERATION ISSUE
Kerala’s population, including children, is known to be confronting a range of ‘second
generation issues’ or social and health challenges that often arise after basic physical healthcare
needs have been met. Common second generation issues in Kerala include suicide, depression,
substance abuse, alcoholism and stress from nuclear families that are increasingly replacing the
traditional Indian extended family structure.
II. THE STATISTICS
According to India’s National Crime Reports Bureau, the national average suicide rate in 2011
was 11.2 per 100,000 persons, while Kerala’s rate was 25.3 per 100,000 during the same year.9
Of the total annual number of Kerala suicides, the rate for children under 14 years was 0.8 per
cent in 2009 and rose to 1.3 per cent in 2010.10 Further, in 2011 Kerala accounted for 16 per cent
of India’s total alcohol sales, the largest proportion of any state.11 Kerala children also face the

1
Planning Commission, Government of India (2011). India Human Development Report 2011. New Delhi: Oxford
University Press.
2
Thukral, E.G., and Thukral, P. (2011) India Child Rights Index New Delhi: HAQ Centre for Child Rights.
3
Ministry of Governmental Affairs, Government of India. Chapter 6 State of Literacy. Available at
<http://www.censusindia.gov.in/2011-prov-results/prov_results_paper1
4
Ministry of Health and Family Welfare, Government of India (2011). Family Welfare Statistics in India. Available
at<http://mohfw.nic.in/WriteReadData/l892s/972971120FW%20Statistics%202011%20Revised%2031%2010%201
1.pdf>
5
Government of India. State-wise Infant Mortality Rate http://data.gov.in/dataset/state-wise-infant-mortality-rate
6
UNICEF, 2011. The Situation of Children in India. A Profile. New Delhi: UNICEF.
7
Id.
8
Id.
9
Kerala State Mental Health Authority. 2013. Kerala State Mental Health Authority. Available at:
<http://www.ksmha.org/suicide.htm>.
10
Drinking in Kerala: Rum, rum everywhere | The Economist. 2013. Available at:
<http://www.economist.com/blogs/banyan/2013/03/drinking-kerala> Accessed 29 July 2013.
12 Divorce rate in India | Areas of Law | Law Library | AdvocateKhoj: Available at:
<http://www.advocatekhoj.com/
11
Id.

5
stresses caused by divorce, which has risen by 350 per cent over the last decade, resulting in the
highest divorce rates in India.12
Thus, although some indicators may show that significant progress has been made in Kerala,
there remains a need for a more comprehensive approach to child development, which takes into
account the different needs and challenges of children.

12
Supra Note 9.

6
 CHAPTER 2: DECENTRALIZATION IN KERALA

In 1994, Kerala’s left-leaning state government instituted an unprecedented and unique reform to
its governance structure. Under the Kerala Panchayat Raj Act, the decentralisation process
devolved approximately 35 per cent of funds, as well as many functions and functionaries, to the
three panchayat (village council) tiers – district, block and gram – with the intention of
enhancing community participation in the planning, implementation and monitoring processes.
This devolution of functions, functionaries and funds allows them to work as units of Local Self-
Government (LSG), and has successfully enabled them to better address the needs and concerns
of local constituents. For rural areas, panchayats are subdivided into 14 districts, 152 blocks, and,
at the most local level, 978 gram panchayats. For urban areas, there are five corporations for
cities and 53 municipalities for towns.13 The objective in decentralising is to empower local
communities to decide for themselves what their particular needs are, and how best to address
them. The panchayat tiers are each run by democratically elected representatives with five-year
terms: president, vice president and standing committee chairs.14 A noteworthy feature in
Kerala’s state funding of LSGs is its mandatory allocation of a Special Component Fund to every
gram panchayat for women and children; the Women Component Plan seeks to meet strategic
gender based needs, and the Plan for Disadvantaged Groups covers children, differentially abled
persons and the elderly.15
This funding enables development plans specifically geared toward the unique challenges
women and children face.

13
Fisman, Raymond and Roberta Gatti (2002), ―Decentralisation and Corruption: Evidence Across Countries‖,
Journal of Public Economics 83: 325-345
14
Rajasekharan, K (2008), ―Local Government Finance in Kerala‖, In M R Biju (ed), Financial Management of
Panchayati Raj System, New Delhi :Kanishka.
15
Isaac T.M. Thomas, (2004), ―Democratic Decentralisation and Women Empowerment: Kerala Model‖, Paper
presented at International Expert Group Meeting on Local Level Gender Responsive Budgeting, NIPFP, New Delhi.

7
 CHAPTER 3: SCOPE OF PROVIDING CHILD FRIENDLY LSG INSTITUTIONS
“The children should have easy access to the police station. There should be no barrier between
the police and the children, not even the police uniform.
– Assistant Commissioner, Kerala Police,Thrissur

This section defines the nature and scope of the relevant LSG institutions, explaining their
responsibilities in the context of child-friendly decentralized governance. The relevant
institutions are gram panchayats, with Kudumbashree (a state poverty eradication mission)16 and
police acting as supporting structures; anganwadis; schools; primary health centres and sub-
centres; and homeopathic and Ayurvedic dispensaries.

I. ROLE OF PANCHAYAT, PRIMARY INSTITUTIONS AND OTHER SUPPORT STRUCTURES

Generally, Kerala gram panchayats cover an average population of 20,000 to 30,000 – larger
than the national average of 10,000 – and are subdivided into wards.17 These panchayats act as
rural units, and are responsible for overseeing financial and administrative duties, and local
institutions. They are led by the president; vice president; standing committee chairs for finance,
welfare, development, and health and education; and ward members representing each ward.
Kerala gram panchayats and their elected leaders have a number of sector-wise functions that
were devolved to them as part of decentralisation. Gram panchayats the most local level of LSG
governance, have a proposed division of 13 sectorally themed working groups including poverty
reduction, health, development of women and children, development of SC, education, culture,
sports and youth. These working groups rely on coordination between individuals from four
sectors of the community: elected panchayat members, government appointed officials, expert
practitioners and local volunteers.18 Together they are able to tackle local issues from a range of
perspectives, which may enable more multidimensional solutions. There are several sources of
funding for the panchayats to implement their programmes, including child-centred programmes.
The panchayat draws from its own funds, including revenue from taxes or loans from financial
institutions; Central Plan Funds from the Government of India; Centrally Sponsored Scheme
(CSS) funds for implementing particular development programmes; and Kerala State Plan funds.
Despite these resources, panchayats are not equipped to handle the full range of community
issues on their own. They work with other local stakeholders, such as the Kudumbashree
programme and local police units, which leverage their knowledge and experience in the
community to serve as support structures to LSGs.19

II. THE KUDUMBASHREE

Kerala’s unique State Poverty Eradication Mission, commonly referred to as Kudumbashree
(‘family prosperity’), is a community-led poverty alleviation programme that began in 1998 and
is now one of the largest self-help projects in India today. Although it is a programme and not
one of the primary local self-government institutions, it falls under the auspices of the local
panchayats. Kudumbashree has a decentralised structure and conducts a range of programming

16
What is Kudumbashree, http://www.kudumbashree.org/pages/171
17
Supra Note 13.
18
Supra Note 15.
19
Aziz, Abdul, N Sivanna, M Devendra Babu, Madhushree Sekher and C Charles Nelson (2002), ―Decentralised
Governance and Planning: A Comparative Study in Three South Indian States‖, New Delhi: Macmillan

8
centred around opportunity creation and development for women and children.20 One of the key
advantages of Kudumbashree’s many initiatives is their working with women, who often have a
clear sense of their family’s and neighbours’ needs at the grass-roots level. For this reason the
panchayat is able to use Kudumbashree as a sort of support structure for various projects

III. MAJOR FUNCTIONS OF THE PANCHAYAT

 Collecting and updating essential statistics

 Building awareness on civic duties
 Overseeing the anganwadis
 Ensuring immunisation
 Managing child welfare centre
 Managing PHC, sub-centre and health dispensary
 Constructing playgrounds
 Distributing pension to disabled and destitute
 Assisting scehduled Caste/scheduled Tribe students
 Managing pre-primary and primary schools

IV. THE POLICE

Police stations fall under the direction of state governments, not having been devolved to the
LSG purview, yet they remain an important stakeholder in child rights realisation. Police are
generally better trained and equipped to aid the panchayat as a support structure, particularly in
matters relating to child protection.21 Given the existence of crimes against children and the
noticeable rise in ‘second generation’ issues among Kerala children, Kerala Police has
established special Juvenile Police Units in police stations across the state. Additionally, Kerala
Police has taken up various projects and initiatives to help children better realise their right to
protection, sometimes becoming involved in panchayat-level protection groups and partnering
with non-governmental organisations (NGOs) and organisations working for the protection of
children.22

20
Innovative initiatives by the Kerala Police, available at http://www.keralapolice.org/kerala-police/innovative-
initiatives/nirbhaya
21
Id.
22
Supra Note 19.

9
 CHAPTER 4: GOOD PRACTICES AND ENABLING PROCESSES
“Instead of pressurising a student to do a particular thing, we should understand his social and
financial conditions; we can’t expect the child to do something which his background and
position doesn’t allow him to do.”– C. Monaj, Social Science teacher

This section highlights good practices and the processes enabling them. We used UNICEF’s
conception of ‘good practice’, defined as those practices that distil innovative and validated
approaches, be they in programming, advocacy, or management.23 These good practices are
drawn from the planning, implementation, monitoring and convergence of LSGs, their
institutions and relevant supporting structures. Although many of the child-friendly good
practices we discuss can be categorised in some combination of survival, development,
protection and participation.

I. SURVIVAL
To many, a child’s right to survival is among the most basic of rights. Survival rights include
aspects of life, health and nutrition, water, sanitation, environment and standard of living, but
also the ability to be given a name and nationality, and know or be cared for by one’s parents.24
Most of the good practices in this realm contain elements of coordination between and within
LSG institutions, effective anganwadi service delivery, and community oriented programming
from the private sector.

Role of Panchayats
Panchayats should undertake initiatives to address children’s right to a healthy life and decent
living environment. These panchayats should also have ward-level sanitation committees, funded
through the National Rural Health Mission, to implement activities related to water and
sanitation. Furthermore, panchayats should monitor and supervise vector surveillance
programmes to prevent the outbreak of mosquito transferred communicable diseases during
monsoon seasons. Special steps should be taken to address child nutrition through special
programmes focused on the nutrition of children.

Example
For instance, Kuttikalude Arogyavum Samrakshanavum (Children’s Health Care and Protection
Programme) is a noteworthy initiative by the Ayurveda dispensary in Vaniyamkulam, Kerala to
prevent anaemia or other health deficiencies from developing in young children. The staff
conducts house visits to provide newborns with any necessary medicines, then monitor the
children’s health each year until the age of five years. It is open to all children but tends to cater
to the most needy, such as SC and migrant children. This project serves as a prime example of
effective coordination between different LSG institutions and supporting structures. This is a
good example of how an effective programme can be replicated in other panchayats.

II. DEVELOPMENT
“The anganwadi is truly the foundational structure for children.”
– Panchayat President, Vaniyamkulam

23
UNICEF - Evaluation and good practices - Good practices. 2013. <UNICEF - Evaluation and good practices -
Good practices. Available at:http://www.unicef.org/evaluation/index_goodpractices.html>.
24
KILA and UNICEF (2011). Local Governments and Comprehensive Child Development. Thrissur: KILA

10
Children’s rights to development are related to access to education, support for early childcare
and development, social security, leisure, recreation and cultural activities.25Panchayat should
take initiatives to enable children’s right to development and recreation, including several efforts
for particularly vulnerable children. This can be through providing early childhood are and
education; special incentives to make children attend school and prevent drop out in the high
school; building facilities for differently abled students and; coordinating between institutions for
disadvantaged children.

III. PROTECTION
Children’s right to protection are meant to ensure their freedom from any form of exploitation,
discrimination, abuse, inhuman or degrading treatment and neglect, and to provide special
protection in instances of disability, armed conflict or emergency. To date, Kerala has failed in
its intention to implement and fully staff the centrally sponsored Integrated Child Protection
Services, which would create shelters, observation homes and special homes for vulnerable
children such as those being abused or exploited and those in conflict with the law. Without the
acknowledgement from government and community-wide bodies, child protection may be
confined to the familial sphere, which sometimes proves insufficient to address the
vulnerabilities of children.

IV. PARTICIPATION
Children’s rights to participation include respect for their views, ensure their freedom of
expression, access to appropriate information, and freedom of thought, conscience and religion.
Panchayats should show initiative in this regard and feature noteworthy projects to enable
children’s direct participation, a right that is not necessarily presumed to exist by caregivers,
community members, and policy-makers. Also, a child’s ability to participate in community
discourse can vary greatly depending on which age and developmental stage he or she has
reached. For that reason, there are instances where children rely on the voices of their parents,
care givers or teachers to advocate on their behalf and raise relevant concerns.
Coordination between institutions allows for the comprehensive implementation of children’s
activities. Panchayats should conduct camps under the Kishori Shakti Yojana Programme26
for adolescent girls to give information on child rights, trafficking of women, sex education,
legal guidance, personality development and communication skills training.27 These camps can
effectively coordinate between different institutions at the ground level.28 The involvement of
AWWs and Kudumbashree members should be present to ensure effective advertising for the
camp. The development of the camps should involve the coordination of the ICDS, as
implementing institution, the participation of a female advocate of the Jagratha Samithi, and
the participation of social workers to conduct classes in the different aspects of child
development. This conjunction of different institutions will ensure that girls’ right to information
was addressed in a comprehensive way. These camps could sometimes include health camps
along with different cultural activities such as classical and folk music and dances.

25
KILA and UNICEF (2011). Local Governments and Comprehensive Child Development. Thrissur: KILA
26
Ministry of Women & Child Development, Kishori Shakti Yojana Programme, http://wcd.nic.in/kishori-shakti-
yojana
27
Supra, note 13.
28
Ministry of Women & Child Development, Detailed Guidelines for implementation, http://wcd.nic.in/detailed-
guidelines-implementation-scheme

11
 CHAPTER 5: CHALLENGES TO CHILDRIGHTS REALISATIONAND WAYS
FORWARD
“We want more freedom at night, when walking… more security in local trains.” – girl, 17, Adat

I. SURVIVAL
LSGs lack a comprehensive birth record and data on actual number of children who are
permanent residents of the panchayat. The panchayats would be able to plan more effectively for
children if comprehensive birth records are maintained.
II. DEVELOPMENT
AG club programmes, conducted under ICDS, provide a safe space to adolescent girls to
participate in various activities, but there is not any similar programmes for boys at the LSG
level. Thus, they lack a forum to provide them with personality development, self-reliance and
gender sensitivity training. This leads to the girls being generally more socially and politically
conscious than boys of the same age. Adolescent boys’ clubs might be the ideal place to foster
these same skills that girls are getting. Additionally, the Union Ministry of Women and Child
Development is launching a new project, Saksham, to target young boys between 10 and 18
years, but the project is still in its initial stages.29 Further, there is a general lack of participation
by the children’s fathers in community meetings such as Anganwadi Welfare Committee
meetings and regular anganwadi parent meetings that primarily mothers attend.
III. PROTECTION
There is general lack of community acknowledgment about children as victims of sexual and
physical abuse can be solved through the creation of education programmes about these issues
for families and school children.30 Additionally, teachers, anganwadi workers and health
professionals should be trained about protocols on what to do in the event of suspected child
abuse, enabling these functionaries to protect the community’s most vulnerable members.
IV. PARTICIPATION
The bala panchayats could provide an important space at the gram panchayat level for children
to express their needs and concerns within a democratic structure.31 They are creative platforms
to address children’s needs in a comprehensive way, giving them the opportunity to voice their
needs with local development planners. A designated leader could present a document to the
relevant LSG working group, and discuss possible solutions with them. Another potential area to
be addressed regarding participatory mechanisms such as balasabhas, bala panchayats, and
Adolescent Girls Clubs is the fact that, like many community activities, they are primarily
created for lower income children.32 These children are of course deserving of structures in
which they can socialise, participate and grow as members of the community.33 But those in
higher income brackets are not being effectively integrated into many of these activities. LSGs
can potentially play a role in integrating more inclusive community-wide activities or
programming for all local children.

29
Union Ministry of Women and Child Development’s scheme, http://www.jagranjosh.com/current-affairs/union-
government-decided-to-launch-saksham-to-educate-adolescent-boys-1348057399-1
30
Supra, note 15.
31
‘Bala Panchayats’ will enlighten students on problems: Speaker, The Hindu,
http://www.thehindu.com/news/cities/Vijayawada/bala-panchayats-will-enlighten-students-on-problems-
speaker/article5497022.ece
32
UNICEF, Adolescent clubs empower young girls to resist early marriage in India,
https://www.unicef.org/education/india_58294.html
33
World Bank, http://www.worldbank.org/en/programs/adolescent-girls-initiative

12
 CONCLUSION
Through the process of democratic decentralisation, the panchayats have been endowed with a
series of functions, functionaries and funds, which allow them to act as LSGs and to undertake
programmes specifically related to local children and their needs. Anganwadis are the principal
childcentric institutions in the panchayats that work toward realising the four categories of
children’s rights concurrently, and are afforded considerable respect in the communities we
visited. AWWs act as the primary disseminators of knowledge about programmes and initiatives
that are spearheaded from various institutions within the community, such as the LSG and PHC.
Similarly, local schools aim to achieve a combination of child rights, particularly connected to
development and have initiated some interesting programmes for protection and participation.
The PHCs and Ayurveda and homeopathy dispensaries focus on more specific child rights
realisation, namely their survival and development as by definition these institutions are created
to deliver health services and promote a healthy environment.
Kerala’s decentralisation and devolution of funds, functions and functionaries offers one possible
model through which local governments can be provided adequate support to govern. It provides
a democratic structure for local communities to identify local concerns and become equipped
with the necessary resources to address them. These three devolutions facilitate LSGs to provide
more assistance to local institutions, which are thus able to go farther in their infrastructure and
service delivery for the community. Together the LSGs and institutions are able to widen their
scope of governance.
Gram panchayats must not always undertake specific child-centred programmes and initiatives in
order to enhance children’s right realization under their sphere. The commitment and support
given to grass-root institutions such as Kudumbashree, PHC initiatives, as well as with other
LSG institutions, provide a means toward addressing child rights. 34 Through cross-sector
community networks, these institutions for improvement are being identified and addressed more
readily. However, its role is central and must be strengthened, especially in regard to the
awareness of child rights realisation. Women’s empowerment and development efforts in Kerala,
such as Kudumbashree, are strengthening not only women as individuals, but their families as
well. From a financial perspective, women are able to generate income through self-help and
micro-finance initiatives, allowing them to save and provide for themselves. From other
perspectives, women are able to become more competent and assertive within the community,
setting a strong example for their children. Thus, children seem to be indirectly benefiting from
the achievements of their mothers. Lastly, we observed that an underlying factor that has enabled
these LSGs to become more child-friendly is the notable social and political consciousness of
community members. Their attitudes about proactively contributing to the community and
recognition of the importance for not only economic, but also social empowerment, were a
continual theme throughout our research. These may be connected to the history of Kerala’s
robust social movements in the 20th century and the current high literacy rates.

34
http://lsg.kerala.gov.in/en/kudumbashree_en.php

13