Rights of Children in World and in India.

1. RIGHTS OF CHILDREN
Ravi Rohilla
Department of Community Medicine
PGIMS Rohtak

2. CONTENTS
• Introduction
• Problem statement
• Vulnerablity of children
• History of child rights
• Child rights in world
• Child rights in india
• Schemes and Institutions
• Juvenile justice Act
• ICPS
• Legislations for children rights
• Crimes against children

3. INTRODUCTION
• Children and childhood across the world, have
broadly been construed in terms of a ‘golden age’
that is synonymous with innocence, freedom, joy,
play and the like.
• It is the time when one hardly shoulders any kind of
responsibility or obligations. But it is also true that
children are vulnerable, especially when very young.
• The fact that children are vulnerable, they need to be
cared for and protected from ‘the harshness of the
world outside’ and around

4. • This being so, the adult-child relation, parents in
particular, is said to provide ‘care and protection’ –
serving thereby the ‘best interests of the child’ and
meeting their day-to-day ‘needs of survival and
development’.
• It is believed that childhood is that period during
which children are subjected to a set of rules and
regulations unique to them, and one that does not
apply to members of other social categories. It is
thus not a world of freedom and opportunity but
one of confinement and limitation in which children
are ‘wholly subservient and dependent’.

5. • The history of Hebrews, Greeks and Romans, bears
testimony to the fact that children, by and large,
were taken for granted by their parents and the
patriarchal society at large.
• Many labelled them as a ‘problem population’
whereas others reduced them to being seen as
property and thus treated them as non-entities.
• The resultant effect of all this was that they were
treated as objects of intervention rather than as legal
subjects in their own right.

6. Problem statement
• 2.2 billion of the world's people are under 18 years
old, with 2 billion from developing countries. 30,500
children under 5 years old die every day of
preventable diseases such as diarrhea, pneumonia
and malnutrition.
• Every month, 50,000 children under 15 are infected
with AIDS. Of all children in developing countries,
20% of those ages 5 to 15 are engaged in child labor
in hazardous and harmful conditions.
• 30% under 5 are underweight, nearly 40% suffer
from stunted growth, and over 50% are
malnourished.
• More children today live in poverty than 10 years
ago, and more children find themselves in a more
violent and unstable environment

7. • There are an estimated 200 million children with
disabilities in the world, out of a global
population of about two billion children. In other
words, approximately 10 percent of the total
population of children, the majority living in
developing countries, are born with a disability or
become disabled during childhood.
• Over 72 million primary-school-age children are
not enrolled in school.

8. • Globally, 36 per cent of women aged 20–24
were married or in union before they reached
18 years of age.
• An estimated 14 million adolescents between
15 and 19 give birth each year. Girls in this age
group are twice as likely to die during
pregnancy or childbirth as women in their
twenties.

9. • Currently there are 350,000 child soldiers
engaged in armed conflict throughout the world.
Under international human rights law, age 18 is
the minimum acceptable age for direct
participation in armed conflict.
• It is estimated that more than 8 million children
have either been maimed or killed as a direct
result of armed conflict in the last decade.
• Additionally, the use of landmines has led to
approximately 10,000 deaths or severe injuries
every year.

10. History of child rights
• One of the earliest recognitions of children’s rights
perhaps is found in the Massachusetts Body of
Liberties of 1641 where parents are told not to
choose their children’s mates and not to use
unnatural severity against their children.
• Children, furthermore, were given ‘free liberty to
complain to the Authorities for redress’. But this was
also the law that prescribed the death penalty for
children over 16 who disobeyed parents.

11. • In response to the growing concern in most
countries of Europe and North America for the
protection of children following the First
World War ,the newly formed League of
Nations established a Committee on Child
Welfare in 1919.

12. • The private agencies also felt the need to provide
broad social standards for the protection of children.
Of particular importance was the Save the Children
International Union, inspired largely by the work of
Eglantyne Jebb, who had founded Save the Children
in response to her own experience with child victims
of war.
• In 1923, the Save the Children International Union
adopted as its charter a five-point declaration which
described the basic conditions a society should meet
in order to provide adequate protection and care for
its children. The next year, the Union persuaded the
League of Nations to adopt the same declaration.

13. • In the year 1924 League of Nations adopted the
Declaration of the Rights of the Child which came to
be known as the “Declaration of Geneva”.
• Recognising that ‘mankind owes to the child the best
that it has to give’, the five simple principles of the
Declaration established the basis of child rights in
terms of both protection of the weak and vulnerable
and promotion of the child’s development.
• The Declaration also made it clear that the care and
protection of children was no longer the exclusive
responsibility of families or communities or even
individual countries; the world as a whole had a
legitimate interest in the welfare of all children.

14. “Declaration of Geneva”
 Child must be given the means needed for its normal
development, both materially and spiritually.
 Hungry child should be fed; sick child should be helped;
erring child should be reclaimed; and the orphan and
the homeless child should be sheltered and succoured.
 Child must be first to receive relief in times of distress.
 Child must be put in a position to earn a livelihood and
must be protected against every form of exploitation.
 Child must be brought up in the consciousness that its
best qualities are to be used in the service of its fellow
men.

15. Child rights in world
• In 1945, the United Nations Organisation replaced
the League of Nations . In 1946, the Economic and
Social Council of the United Nations recommended
that the Geneva Declaration be reaffirmed as a sign
of commitment to the cause of children.
• The Universal Declaration of Human Rights was
adopted by the United Nations General Assembly in
1948.
• The United Nations General Assembly adopted the
Declaration of the Rights of the Child on 20
November, 1959 which was expansion of Geneva
Declaration from five principles to ten basic
principles

16. UN Declaration of the Rights
of the Child
• Non-discrimination.
• Special protection, opportunities and facilities to
develop physically, mentally, morally, spiritually and
socially in a healthy and normal manner and in
conditions of freedom and dignity.
• The right to a name and nationality.
• The right to social security, adequate nutrition,
housing, recreation and medical services.
• The differently-abled child to be given special
treatment education and care.

17. • The need for love and understanding so that the child
grows in the care and responsibility of his/her parents,
and in an atmosphere of affection and moral and
material security.
• Entitlement to education, which should be free and
compulsory, at least in the elementary stages.
• The child should be among the first to receive
protection and relief in all circumstances.
• Protection against all forms of neglect, cruelty and
exploitation, including that associated with
employment.
• Protection from practices that may foster racial,
religious and other forms of discrimination.

18. Convention on the Right of Children
• In 1989, world leaders decided that children needed
a special convention just for them because people
under 18 years old often need special care and
protection that adults do not.
• The leaders also wanted to make sure that the world
recognized that children have human rights too The
Convention on the Rights of the Child(CRC) is the first
legally binding international instrument to
incorporate the full range of human rights—civil,
cultural, economic, political and social rights.

19. • The Convention sets out these rights in 54 articles. It
spells out the basic human rights that children
everywhere have: the right to survival; to develop to
the fullest; to protection from harmful influences,
abuse and exploitation; and to participate fully in
family, cultural and social life.
• The four core principles of the Convention are non-discrimination;
devotion to the best interests of the
child; the right to life, survival and development; and
respect for the views of the child.
• The Convention protects children's rights by setting
standards in health care; education; and legal, civil
and social services.

20. • The CRC is the first legally binding
international instrument to incorporate the
full range of children’s human rights—civil,
cultural, economic, political and social rights---
in a single text. The Convention sets out these
rights in 54 articles which can be grouped into
three broad categories:

21. • Survival and development rights: These are rights to
the resources necessary for the survival and full
development of the child. They include rights to
adequate food, shelter, clean water, formal
education, primary health care, leisure and
recreation, cultural activities and information about
their rights.

22. • Protection rights: It include protection from all forms
of child abuse, neglect, exploitation and cruelty,
including the right to special protection in war and
protection from abuse in the criminal justice system.
• Participation rights: Children are entitled to the
freedom to express opinions and to have a say in
matters affecting their social, economic, religious,
cultural and political life. Participation rights include
the right to express opinions and be heard, the right to
information and freedom of association.

23. OTHER INTERNATIONAL INSTRUMENTS
 UN standard minimum rules 1985 (Beijing rule)
 UN rules for the protection of juveniles deprived of
their liberty 1990
These set the minimum standard to be adhered to
in the administration of juvenile justice in respect of
juveniles in conflict with law.
 The United Nations Guidelines for the Prevention of
Juvenile Delinquency (Riyadh Guidelines) and all
other relevant international instruments focus on
the prevention of juvenile delinquency and provide
guidelines for it

24. Child Rights in India
• The Constitution of India recognizes the vulnerable
position of children and their right to protection.
• Article 15 in the Constitution guarantees special
attention to children through necessary and special
laws and policies that safeguard their rights.
• The Right to equality, protection of life and personal
liberty and the right against exploitation are
enshrined in Articles 14, 15, 16, 17, 21, 23 and 24.

25. • The Government of India ratified the UN
Convention on the Rights of the Child (UNCRC)
in 1992. The Convention prescribes standards
to be adhered to by all State parties in
securing the best interest of the child.

26. • India has adopted a number of laws and formulated a
range of policies to ensure children’s protection and
improvement in their situation including,
• The Guardian and Wards Act 1890,
• Factories Act 1948,
• Hindu Adoption and Maintenance Act 1956,
• Probation of Offenders Act 1958,
• Bombay Prevention of Begging Act 1959,
• Orphanages and Other Charitable Homes (Supervision
and Control) Act 1960

27. • National Policy for Children 1974,
• Bonded Labour System (Abolition) Act 1976,
• Child Marriage and Restraint Act 1979,
• Immoral Traffic Prevention Act 1986,
• Child Labour (Prohibition and Regulation) Act 1986,
• National Policy on Education 1986,
• Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act 1987,
• National Policy on Child Labour 1987

28. • Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act 1992,
• National Nutrition Policy 1993,
• Pre-natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act 1994,
• Persons with Disabilities (Equal Protection of
Rights and Full Participation) Act 2000,
• Juvenile Justice (Care and Protection of Children)
Act 2000,
• National Health Policy 2002

29. • National Charter for Children 2004,
• National Plan of Action for Children 2005 and
• Commission for Protection of the Rights of the
Child, 2005.

30. NCPCR
• The National Commission for Protection of Child
Rights (NCPCR) was set up in March 2007 under
the Commission for Protection of Child Rights
Act, 2005, an Act of Parliament (December 2005).
• The Commission's Mandate is to ensure that all
Laws, Policies, Programmes, and Administrative
Mechanisms are in consonance with the Child
Rights perspective as enshrined in the
Constitution of India and also the UN Convention
on the Rights of the Child.
• The Child is defined as a person in the 0 to 18
years age group.

31. Schemes developed…
• Integrated child development
Scheme (ICDS)
• Rajiv Gandhi National Creche
Scheme
• Nutrition Component of Prime
Minister Gramodya Yojana
• Nutrition Programme for
Adolescent Girls
• Reproductive and Child
Health Programme
• Pulse Polio Immunization
Programme
• Sarva Shiksha Abhiyan
• National Programme for
education of girls at
elementary level
• Kasturba Gandhi Balika
Vidyalaya
• Mid - day meal scheme
• Shishu greha
• Juvenile justice programme
• Scheme for working
children
• Grant-in-aid scheme for
voluntary organisations
• An Integrated Programme
for Street Children –
Childline Services
• The National Rural Health
Mission (2005-12)
• National Child Labour
Project.(NCLP)
• Integrated Child
Protection Scheme
(ICPS) - proposed

32. And Institutions created…
• National Institute for Public Cooperation and Child
Development (NIPCCD) – to research and build capacities
around Child Development and Protection of all concerned
stakeholders
• National Commission for Protection of Child Rights
(NCPCR) – to study and monitor all matters related to legal
and constitutional rights of children; to review existing
laws and suggest amendments; and ensure protection of
Child rights in India
• Central Adoption Resource Agency (CARA) – premier
agency in the country related to intra and out of country
adoption

33. Children everywhere are
vulnerable to abuse and
exploitation by those in
positions of power and
trust…

34. EDUCATION
• The 86th Amendment to the Constitution, on
the Fundamental Right to Education for the 6
to 14 years age group, has also led to the
inclusion of an additional clause under article
51A that imposes a fundamental duty upon
parents or guardians to provide opportunities
for education of their children/wards between
the ages of 6 and 14 years.

35. CHILD MARRIAGE
• There is legal recognition of the fact that
children must not be married before they are
physically and mentally ready for it. The Child
Marriage Restraint Act, 1929 (CMRA)
prescribes a minimum age of 21 years for
males and 18 years for females.

36. The Juvenile Justice Act seeks…
• To provide care/protection to children by:
Catering to a child’s development needs
Adopting a child friendly atmosphere and
approach, for adjudication of cases related
to juveniles/children
Keeping the child’s “best interest” in mind
Keeping rehabilitation of the child as a goal

37. Juvenile Justice Act
• The Act places children/juveniles in two
categories –
1. Juvenile in ‘conflict with the law’ handled by
State Governments/ ‘Juvenile Boards’
2. Child in need of ‘care and protection’ to be
looked after by State Governments/ ‘Child
Welfare Committees’
Act to be implemented by the respective State
Governments

38. A Vision for the future…Integrated Child Protection
Scheme (ICPS)
• Objective: To provide an environment for safe
and wholesome development of the children
who are in need of care and protection as well as
children in conflict with law. To overcome the
shortcomings and gaps in the implementation of
the existing child protection schemes with some
additional components.
• The Programme for Juvenile Justice, Shishu Greh
Scheme and Street Children Scheme will be
merged under the ICPS.

39. ICPS: a glimpse…
CARE, SUPPORT AND REHABILITATION SERVICES -
1. Emergency outreach service through Childline
2. Transitional shelters for children in need in
urban and semi-urban areas
3. Family based non institutional care through:
Sponsorship; Foster Care; Adoption; and After
Care Programme
4. Institutional Services: Shelter Homes;
Children’s Homes; Observation Homes;
Special Homes; and Specialized services for
children with special needs
5. General grant-in-aid for need based/
innovative interventions

40. Crimes Against Children
• Punishment for cruelty – imprisonment for a term of six
months or fine, or both.
• Employment for begging – imprisonment may extend up
to three years and also fine
• Penalty for giving psychotropic substance – imprisonment
may extend up to three years and also fine
• Exploitation of child employees - imprisonment may
extend up to three years and also fine (except upon the
advice of a duly qualified medical practitioner)
• Crime against children are cognizable offences
 On receipt of compliant, the police must arrest the
perpetrator
 Police must file an FIR
 Police will release the child on bail.

41. Protection
• Handling by special juvenile police
• Handcuffing of juvenile/child prohibited.
• Police should not be in uniform
• Child / juvenile cannot be kept in jail or lock-up
• No death penalty or life imprisonment
• Proceeding are informal, participatory and private.
• Deletion of record of juvenile after 7 years
• Parents to be involved in juvenile processes
• Right to free legal aid
• No joint trial of a juvenile with an adult
• Information about a juvenile cannot be released to
media.

42. I am the child
You hold in your
Hand my destiny
You determine
Whether I shall
Succeed or fail
Give me, I pray
Those things that
Make for happiness
Train me, I beg
That I may be a
Blessing to the
world