Child Protection Harleen

8/17/2019 Child Protection Harleen

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Ensuring Rights,

ProvidingProtection

Ministry of Women and ChildDevelopment (GOI)


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Children everywhere arevulnerable to abuse andexploitation by those in

positions of power andtrust…


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Child protection is….

‘Child protection implies theinterdisciplinary/

multisectoral measuresundertaken to guaranteethe survival and

acceptable development ofchildren, with respect totheir rights.’


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orld over, the basis for !aw and"olicy making related to Child

#ights and "rotection is… $he %nited &ation’s Convention on the #ightsof the Child '%&C#C( ) '&ovember *++(

rati-ed by ndia on **th ecember *++0 1

*. "rescribes a set of standards to be adhered toby all state parties

0. 2mphasi3es social reintegration of childvictims

4. t is the one %& document which has beenrati-ed by the largest number of countriesexcept %5 and 5omalia

6. 5peaks of #ights of 5urvival, evelopment,"rotection and "articipation for all children


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7lso nternational

nstruments like 1 %& standard minimum rules *+8 '9ei:ing rule( %& rules for the protection of :uveniles

deprived of their liberty *++;

$hese set the minimum standard to beadhered to in the administration of :uvenile :ustice in respect of :uveniles in con


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ndia’s children…

ndia has the highest number ofchildren in the world

@ore than one third of thecountry’s population is below* years ) over 6;; million

ndia is set to be the youngestpopulation in the world by 0;0;


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$he scenario…a glimpseA

ndia hasB

ighest rate of neo1natal deaths

'around 48D( in the world6;D of child malnutrition indeveloping world

8;D of child mortality in the

developing world#educed number of girls in ;1E agegroup1 for every 1000 boys 927 girls

6ED children from 5cheduled $ribes

and 4D from 5cheduled castes areout of school


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7nd also…

igh school dropouts especially amongstgirls

igh rate of child marriageB37% of literate & 51% of illiterate girlsare married o below the age of 18

10% of literate & 15% of illiterate boysare married o below the age of 18

!arge number of children in forcedlabour

!arge number of sexually abusedchildren ) almost 86D children reportedsexual abuse in a national study

conducted by @C


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What creates the strong need for

Protection…??

eprivation, destitution and neglect#ural1to1urban migrationiminishing role of family

2rosion of social values, weakening of informalsocial controlsFf the 4G million children in urban poverty,ma:ority of them live in informal 'illegal(settlements 'railway lines, mohullahs, on thestreet(

orking to earn money to contribute tofamilies 'street and working children( and areforced into crime or exploited commerciallyHulnerability increases with increase in prices,cost of living

5udden change in earning status of parents tounemployed


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2ven before ratifying %&C#C, ndiahad created a protection mandate

for children….Constitutional mandate B

7rticle *8 grants - ‘Prohibition ofdiscrimination on grounds of

religion, race, caste, sex or place ofbirth’ 1 *8'4( ) which states that despite 7rticle*8 &othing in this article 'i.e. article *8(shall prevent the 5tate from making any

special provision for women and children.

7rticles 04/06 ) #ight against 2xploitation


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And also…7rticle 4+ 1 5tate shall, in particular, direct its policytowards securing I

(e) that the health ad stregth of wor!ers" me adwome" ad the teder age of #hildre are otab$sed ad that #ities are ot for#ed by e#oomi#e#essity to eter vo#atios $s$ited to their age orstregth

(f) that #hildre are give o''ort$ities ad fa#ilitiesto develo' i a healthy maer ad i #oditios offreedom ad digity ad that #hildhood ad yo$thare 'rote#ted agaist e'loitatio ad agaist moralad material abadomet

7rticle 6G 1 imposes on the 5tate the primaryresponsibility of ensuring that all the needs ofchildren are met and that their basic rights are fullyprotected


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Laws were framed accordingly…LEGIL!"I#$ %

"rohibition of Child @arriage 7ct, 0;;E $he Commissions for "rotection of Child #ights 7ct, 0;;8

$he >uvenile >ustice 'Care and "rotection of Children( 7ct,0;;;.

$he "ersons with isabilities '2?ual Fpportunities,"rotection of #ights and Jull "articipation( 7ct, *++8.

$he "re1Conception and "re1natal iagnostic $echni?ue'"rohibition of 5ex 5election( 7ct, *++6

$he nfant @ilk 5ubstitutes, Jeeding 9ottles and nfantJoods '#egulation of "roduction, 5upply and istribution(7ct, *++0.

$he mmoral $raKc '"revention( 7ct, *+E $he Child !abour '"rohibition and #egulation( 7ct, *+E

e also need to keep in mind 1

#&ences against children 'ill % proposed

*he +$ardia ad ,ards -#t" 1890*he .o$g /ersos (armf$l /$bli#atios) -#t" 195


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rati-ed….

P#LI(IE % &ational policy for Children *+G6 ) is beingreviewed currently ) has been analysed on thebasis of the %&C#C, "articipation / protection areneglected areas. rafting Committee is lookingat the "olicy vis a vis provisions of the C#C

&ational Charter for Children 0;;6 ) framed toreiterate =F’s commitment to ensure ‘that nochild remains hungry, illiterate or sick.’

&ational "lan of 7ction for Children 0;;8 ) basedon the %&C#C rights framework

"olicy Jramework for Children and 75 ) speakscomprehensively of =F’s resolve to serve

children ‘aLected’ by 75


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(#$)E$"I#$,"RE!"IE*%& Convention on the #ights of the Child

%& declaration M7 orld -t for ChildrenN ) 0;;0 -ssembly a''roved -#tio /la to im'rove thelives of yo$g 'eo'le reassembled i e# 2007(,465) time bo$d targets had bee idetied

for 'romotig healthy lives" 'rovidig $alityed$#atio" 'rote#tig agaist ab$se :e'loitatio :viole#e ad dis#rimiatio ad#ombatig ;


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Schemes developed…

ntegrated child

development 5cheme'C5(

#a:iv =andhi &ationalCreche 5cheme

&utrition Component of"rime @inister =ramodya

Oo:ana&utrition "rogramme for7dolescent =irls

#eproductive and Childealth "rogramme

"ulse "olio mmuni3ation"rogramme

5arva 5hiksha 7bhiyan

&ational "rogramme foreducation of girls atelementary level

Pasturba =andhi 9alikaHidyalaya

@id 1 day meal scheme

5hishu greha >uvenile :usticeprogramme

5cheme for workingchildren

=rant1in1aid scheme forvoluntary organisations

7n ntegrated"rogramme for 5treetChildren ) Childline5ervices

$he &ational #uralealth @ission '0;;81*0(

&ational Child !abour"ro:ects. '&C!"(

Integrated (hildProtection cheme+I(P - proposed


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7nd nstitutions created…

National Institute for Public Cooperation and Child

Development NIPCCD! " to research and buildcapacities around Child Development and Protectionof all concerned sta#eholders

National Commission for Protection of Child $ightsNCPC$! " to study and monitor all matters related tolegal and constitutional rights of children% to reviewe&isting laws and suggest amendments% and ensureprotection of Child rights in India

Central Adoption $esource Agency CA$A! " premieragency in the country related to intra and out ofcountry adoption


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$he legal foundation of the Child"rotection mandate in ndia is …..

$he >uvenile >ustice 7ct which -rst came into forcein *+E 1 as renamed and rewritten in 0;;; tobe called the Juvenile Justice (Care andProtection of children) Act s the premier law

related to all individuals ) QMchildren/:uvenilesNR )below * years of age, in ndia

"he (ommissions for Protection of (hild

Rights !ct, ../ - "rovides for setting up of&ational and 5tate level Commissions for"rotection of Child #ights 1 for properenforcement of children’s rights and eLectiveimplementation of laws and programmes relating

to children.


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'he (uvenile (ustice Act

see#s…

To provide care/protection to children by:

Catering to a child’s development needs

Adopting a child friendly atmosphereand approach, for adjudication of casesrelated to juveniles/children

Keeping the child’s “best interest inmind

Keeping rehabilitation of the child as a

goal


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>uvenile >ustice 7ct

$he 7ct places children/:uveniles in twocategories )

*. >uvenile in ‘#o>i#t with the law? handled by 5tate =overnments/‘ @$veile Aoards?

0. Child in need of ‘#are ad 'rote#tio? to

be looked after by 5tate =overnments/‘hild ,elfare ommittees?

-#t to be im'lemeted by the res'e#tive

=tate +overmets


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!lso*vulnerable children

such as00Frphan/abandoned, or run away,or missing, whose parents cannot

be found

Children who are being, or arevulnerable, to abuse/sexualexploitation/torture/illegal acts

Children vulnerable to drug abuse

and traKcking


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1eatures of the amended 22!ct - ..3

o =reater intervention of&=Fs S local authorities.

o 5pecial emphasis onrehabilitation and socialreintegration of thechildren

o 7doption of childrensimpli-ed

o #egistration of all childcare institutions withinsix months of theamendments cominginto force

o $o set up special :uvenilepolice units 1

o 7 child is an individualbelow the age of *years.

o $o set up >uvenile

>ustice 9oards 1 >>9s andChild elfareCommittees ) CCs 1inevery district.

o 7ll oLences against a :uvenile are cogni3ableoLences ) crimesagainst childrenidenti-ed

o 5>"%s.


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(rimes !gainst (hildren

"unishment for cruelty ) imprisonment for aterm of six months or -ne, or both.2mployment for begging ) imprisonment mayextend up to three years and also -ne"enalty for giving psychotropic substance )

imprisonment may extend up to three yearsand also -ne2xploitation of child employees 1 imprisonmentmay extend up to three years and also -ne'except upon the advice of a duly ?uali-edmedical practitioner(Crime against children are cogni3able oLences Fn receipt of compliant, the police must

arrest the perpetrator "olice must -le an J#

"olice will release the child on bail.


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Protection

andling by special :uvenile police

andcuKng of :uvenile/child prohibited."olice should not be in uniformChild / :uvenile cannot be kept in :ail orlock1up

&o death penalty or life imprisonment"roceeding are informal, participatory andprivate.eletion of record of :uvenile after G years

"arents to be involved in :uvenileprocesses#ight to free legal aid&o :oint trial of a :uvenile with an adultnformation about a :uvenile cannot bereleased to media.

A !ision for the future Inte#rated Child


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A !ision for the future"Inte#rated ChildProtection $cheme (ICP$)

Fb:ectiveB $o provide an environment for

safe and wholesome development of thechildren who are in need of care andprotection as well as children in con


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I(P4 a glimpse*

(!RE, 5PP#R" !$6 RE7!'ILI"!"I#$

ER)I(E -80 Emergenc9 outreach service through

(hildline

0 "ransitional shelters for children in needin urban and semi-urban areas

:0 1amil9 based non institutional carethrough4 ponsorship; 1oster (are;!doption; and !fter (are Programme

ith special needs +disabled? children a&ected b9 7I)@!I6

/0 General grant-in-aid for need based@

innovative interventions


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!lso*0

80 7uman resource development

for strengthening counselingservices

0 "raining and capacit9 building

:0 trengthening the Ano>ledge-base through research anddocumentation; and (hild"racAing 9stem


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$7&P

OF%A

Child Protection Harleen

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