Constitutional provisions relating to children and women


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Constitutional provisions relating to children and women

  1. 1. Constitutional Provisions, rights and LegislationsConcerning Children and Women 1
  2. 2. • GoI has been striving for holistic empowerment of women and children through law and policies, programmes, capacity building and training and awareness creation. 2
  3. 3. INDICATORS• MMR 254 per lakh• Literacy Rate 53.67%• No. of women married before 18 years 45%• Pregnant women who are anemic 57.9%• Sex Ratio 927 per 1000 boys 3
  4. 4. Sex and GenderSex• It is biological difference between men andwomen• It is nature made• Sex never changes, it is constant• It is non-hierarchical• It is specific to individuals 4
  5. 5. Gender• It is a social cultural construct that isconstructed by assigning roles andresponsibilities to women and men in a givenculture and location• It is society made• Gender is variable• It is systematic• It is hierarchical 5
  6. 6. COMMITMENTS• Constitutional provisions• Policies•Commitments at Internationallevel• Legislative Support• Action plan 6
  7. 7. Constitutional Provisions (For CHILDREN)•Article 15: not discriminate against any citizen•Article 21: no person shall be deprived of hislife or personal liberty• Article 23: Traffic in humnan beings, forcedlabour prohibited• Article 24: No child below 14 years to work 7
  8. 8. • Article 39: the tender age of children are not abused• Article 42: For securing just and humane conditions of work and for maternity relief.• Article 45: Free and compulsory education to all children till fourteen years of age.• Article 47: Raising of the level of nutrition and the standard of living of its people. 8
  9. 9. INTERNATIONAL CONVENTION• UN Convention on the Rights of the Child (CRC)  The Convention sets out these rights in 54 articles.  It spells out the basic human rights that every child has and broadly categorised under: • Right to Survival • Right to Development • Right to Protection • Right to Participation  Other Conventions • Protocol to prevent, suppress and punish. Trafficking in persons, especially women and Children. • SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. • SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia. 9
  10. 10. National Policy for Children- 1974•Children to be covered by health and nutritionservices.•Free and compulsory education to all childrenbelow 14 years in a time bound manner• Non-formal education•Physical education, games, sports to be promotedin schools, community centres etc. 10
  11. 11. • Equality of opportunity to children of weaker sections•Children to be protected against neglect cruelty andexploitation•No child under 14 to work, special facilities forhandicapped children, priority to children duringdistress, calamities, special programme for giftedchildren•Existing laws to be amended to ensure safeguard ofchildren’s interest 11
  12. 12. National Health Policy – 1983•Emphasis on launching of nation wideimmunisation programme aimed at cent percentcoverage of targeted population•Priority on launching of special programme formaternal and child health with focus on underprivilaged sections of the society• School health programme•Emphasis on provision of safe drinking water-sanitaiton facilities 12
  13. 13. National Policy on Education – 1986 (revised in 1992)• High priority to ECCE•Day Care Centres as support service forUniversalisation of Primary Education• Integration of child care and pre-primary education•Universal enrolment and retention of children up to 14years of age in the school system 13
  14. 14. • Child centred activity based process of learning adopted at primary stage• Supplementary remedial instruction for first generation learners• Provision for essential facilities in primary school• Highest priority to solving of school drop-out children• Non-formal education facilities for working children, school drop-out, girl children• Provision of at least two teachers (one women) in every school 14
  15. 15. National Policy on Child Labour – 1987•Setting up of Child Labour Technical AdvisoryCommittee•Emphasis on strict enforcement of provisions of childlabour (Prohibition and Regulation) Act, 1986 and otherchild related legislations.•Focusing on general development programmes forbenefiting children• Setting up of area specific projects 15
  16. 16. National Nutritional Policy – 1993Realised the importance of tackling the problem of mal-nutrition through direct nutrition intervention forspecially vulnerable groups as well as through variousdevelopment policy instruments, which will createcondition for improved nutrition. 16
  17. 17. LAW AND POLICIES (FOR WOMEN)• Constitution of India  Provides equal status to women (Art 14)  Empowers the States to take affirmative action towards women (Art 15 (3))• National Policy for Empowerment of Women  Adopted in 2001  Main Objective—To bring about advancement, development and empowerment of women and to eliminate all forms of discrimination against women and to ensure their active participation in all spheres of public life and activities. 17
  18. 18. LAW AND POLICIES• Legislations related to women’s issue:-  Prohibition of Child Marriage Act, 2006  The Protection of Women from Domestic Violence Act, 2005  The Commission of Sati (Prevention) Act, 1987  The Indecent Representation of Women (Prohibition) Act, 1986  The Dowry Prohibition Act, 1961  The Immoral Traffic (Prevention) Act, 1956  The Protection of Women against Sexual Harassment at Work Place Bill, 2007 18
  19. 19. LAW AND POLICIES• National Plan of Action (POA)  To ensure that the policy prescription get implemented, the Ministry is in the process of drafting a National Plan of Action.  The Plan will also identify commitment of resources and responsibilities for implementation and strengthen institutional mechanisms and structures for monitoring.  Operational strategy mentions the need to develop Gender Development Index as a method of gender auditing and importance of collecting gender- disaggregated data. 19
  20. 20. INTERNATIONAL CONVENTION• UN Convention on Elimination of Discrimination against Women (CEDAW)  Adopted in 1979 by the UN General Assembly.  Provides the basis for realizing equality between women and men through ensuring womens equal access to, and equal opportunities in, political and public life, including the right to vote and to stand for election, as well as education, health and employment.   The Government of India as signatory to the Conventions, periodically reports to the concerned Committee on the status of implementation of the Convention. 20
  21. 21. • Article 1, 4 and 15: Equality before law• Article 6: Trafficking of women and children• Article 7: Political Participation• Article 10: Education• Article 11: Employment• Article 12: Health• Article 16: Marriage and family relations 21
  22. 22. COMMISSIONS• National Commission for Women Set-up in 1992 to safe guard the interests of women. Has a wide mandate covering all aspects of women’s development and includes:-- • Investigating and examining the legal safeguards provided for women under the constitution and other laws. • Reviewing existing provisions in various laws and recommend amendments to fulfill any gap. • Looking into complaints and take suo-moto notice. • Taking up research/studies on issues related to women. 22
  23. 23. COMMISSIONS• National Commission for Protection of Child Rights  Set-up in 2007 to safe guard the interests of children.  Has a wide mandate and includes:-- • Examine and review the safeguards provided by various laws for the protection of child rights and recommend measures for their effective implementation. • Inquire into violation of child rights and recommend initiation of proceedings in such cases. • Undertake and promote research in the field of child rights. • Spread child rights literacy among various sections of society and promote awareness of the safeguards available for protection of these rights through publications, media, seminars and other available means. 23
  24. 24. OTHER COMMISSIONS• Other Commissions which also look into the violation of rights of women include:-  National Human Rights Commission  National Commission for Minorities  National Commission for Backward Classes  National Commission Scheduled Castes  National Commission Scheduled Tribes 24
  25. 25. Direct Intervention – Short term• Expanding the safety net• Reaching the adolescent girls• Better coverage of expectant women• Fortification of essential foods• Control of micro-nutrient Deficiencies amongstvulnerable groups 25
  26. 26. Indirect Policy Instruments – Long term• Food Security•Improvement of dietary patterns through productionand demonstration•Improving Public Distribution systems and Purchasingpower• Nutrition Surveillance• Basic Health and Nutrition Knowledge 26
  27. 27. ACTION PLANIn order to achieve the millennium development goalsrelating to women and children many new schemeshave been started, these include:•SABLA: Rajiv Gandhi Scheme for Empowerment ofAdolescent girls (RGSEAG).•IGMSY: Indira Gandhi Matritva Sahyog Yojana, forimprovement of maternal and child status•Right to Education Act: to fulfill the aim ofachieving education for all. 27
  28. 28. Thank You 28