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Indeed, Children are the most unprotected segment of the society because they entirely depend on the decisions and action of the others for their survival, growth and over all development. In a …

Indeed, Children are the most unprotected segment of the society because they entirely depend on the decisions and action of the others for their survival, growth and over all development. In a developing country like India the magnitude of street children / working children is continuously increasing. Post independence, Government of India passed several laws to ensure the protection of child rights, but the land mark legislation for the CHILD is Juvenile Justice (care and protection of children) Act, 2000, which is based on the provisions of the Indian Constitution and UNCRC. However the main issue is: Are children getting societal and political attention they deserve? And whether the concepts of child rights infused and communicated sufficiently among civil society members? Keeping in view above issues, it is essential that stock-taking is done from time to time in different parts of the country.

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  • 1. A RESEARCH STUDY ONSITUATIONAL ANALYSIS OF CHILDREN ON STREET AT PATNA BY BAL SAKHA 18-A, Patliputra Colony Patna- 800011, Bihar Ph No - 0612 – 2270043, 0612- 3293953 Email: balsakha@yahoo.com MAY 2011
  • 2. RESEARCH CORE TEAM Chief Coordinator Shri Sanat Kumar Sinha MEMBERMr. Tarkeshwar singh, Mr.Nawazul haque, Mr.Pankaj Kumar, Miss Annupriya, Mr. Rajesh Kumar, Mr.Shami Ahmad 2
  • 3. AcknowledgementIndeed, Children are the most unprotected segment of the society because they entirelydepend on the decisions and action of the others for their survival, growth and over alldevelopment. In a developing country like India the magnitude of street children / workingchildren is continuously increasing. Post independence, Government of India passed severallaws to ensure the protection of child rights, but the land mark legislation for the CHILD isJuvenile Justice (care and protection of children) Act, 2000, which is based on the provisions ofthe Indian Constitution and UNCRC. However the main issue is: Are children getting societal andpolitical attention they deserve? And whether the concepts of child rights infused andcommunicated sufficiently among civil society members? Keeping in view above issues, it isessential that stock-taking is done from time to time in different parts of the country.The purpose of this study is to analyze the current situation of street children in Patna andprovide information to all stake holders working for the protection of children and making waysfor realizing the child rights.This research study would not have been possible without the dedicated effort of BAL Sakha intaking the lead role and providing the support. Nor would it have been possible without thegenerous encouragement and assistance of Railway Children, India.I would also like to thanks Mr.Sanat Kumar Sinha, chief coordinator BAL Sakha for his valuablecritical suggestions and guidance during the conceptualization and planning of the study.A special note of appreciation goes to my team of data analyst Mr. Ravi Ranjan sinha for theskill full handling of data’s and presentation of work.It might be added that the purpose of the study will be more then fulfilled, if it manages tospark off citizens, voluntary organization and public authorities to move for a more effectiveimplementation of child protection mechanism in the country.Last but not the least our special thanks to all the respondent children, who were participatedin this study to make my headway.N.HaqueConsultant 3
  • 4. BALSAKHAStudy TeamNawaz ul haque (team leader)Sanat kumar Sinha (chief co-ordinator)Tarkeshwar Singh (co-ordinator)Ravi ranjan sinha (research analyst)RupamKunadanRaviNeha 4
  • 5. ContentsExecutive summaryChapter -1 1.1 Introduction 1.2 Situation of street children in India 1.3 On the streets of Patna 1.4 Background of the survey 1.5 Aims and objectives 1.6 Research methodology and design of the study 1.7 Preparation for the implementation of the field survey 1.8 Field survey 1.9 Data collection 1.10 Quality control mechanisms 1.11 Interview procedure 1.12 Focus group discussion 1.13 Data analysis 1.14 Time frameChapter-2 Section –A Child rights –international instruments and Indian legislation Section –B Findings &results 5
  • 6. Profile of the respondentsChapter - 3RecommendationsReferences 6
  • 7. Executive summaryThis situational analysis study on streets children at Patna was carried out on 555 streetchildren in the age group of 5 to 18 years of age and conducted during February to April 2011.The present study was intended to capture the rapid situational analysis of street children, theirvarious demographic, age, religion, socio-economic factors, patterns and trend for leavinghome, health, working conditions, knowledge, access to services, attitudes, behavior andfuture inclination. It should be emphasized that the data is not based on secondary sources butwhat can be defined as a sample of sufficient size (555 respondents) to yield reliable data.The study confirmed many findings of previous studies like age and gender profile and thrownlight on all variables. The following are the some of the vital findings of this study. Approximately 40%children are in the age group of 11-14 years, among 555respondents 75% were male and 25% were female proportionally a lower percentage compared to males. Religious profile shows 91% were reported Hindu and 9% were Muslim. The most noteworthy drivers of the respondent street children population happens to be a complex of poverty, hunger, lack of work opportunities for their parents, and limited alternatives. More than 80% of the sample stated that the reason for leaving home were poverty, misery resulted in creation of forced push and pull factor of earning and migration. The survey indicated that 84% children were unable to read, and write implies that the overwhelming majority street children had virtually no education. The majority (97%) of the children complained about the police victim of verbal abuse and physical assaults. 40% of the sample children said that they abuses substance (sulation / whitener) or similar type of drugs for excitement. Daily working hours ranges between 5 to 7 hours in a day and average income fortnightly ranges from Rs. 700 to Rs.750. More than 76% street children reported that they felt sick. The most common sickness were fever, headache and waterborne disease. The street children are involved in a variety of activities. The most frequently mentioned activities are rag picking, begging, helper in a shop, shoe polisher, brooming in train, selling water bottles, etc. The children express their desire to avail education and skill training opportunities if they get any chance. Only 3% children are aware of organizations which provide assistance to street children. Children who visited the organization mentioned that they visited for food, clothing and for 7
  • 8. watching T.V. Among all street children 61% are very unpredictable about their future inclination, shows gloomy picture of their uncertainty.Based on a careful analysis of the data as well as relying on the other secondary sources andnon-governmental findings, the street child population in Patna is estimated to be in thousandsand extremely vulnerable. The study also recommends some suggestions under differentapproaches and also advises general recommendations for the homeless or runaway streetchildren. 8
  • 9. CHAPTER-11.1 Introduction The term “street children” generally refers to children living on the street without family care and protection. A widely accepted set of definitions, commonly attributed to Amnesty International, divides street children into two main categories:  Children on the street who are engaged in some kind of economic activity ranging from begging to vending. Most go home at the end of the day and contribute their earnings to their family. They may be attending school and retain a sense of belonging to a family. Because of the economic fragility of the family, these children may eventually opt for a permanent life on the streets.  Children actually living on the street (or outside of a normal family environment). Family ties may exist but are tenuous and are maintained only casually or occasionally. UNICEF (United Nation Children Education Fund) defines street children as:  Children on the street: children who have to work on the street because their families need money to survive.  Children on the streets: children from poor families who sleep on the streets. Some come from underprivileged parts of the country into the city; others are those who run away from homes.  Children of the street: orphan and abandoned children whose parents have died because of illness or war, or to whom it was simply impossible to look after these children. The definition of ‘street children’ is contested, but many practitioners and policy makers use UNICEF’s concept of boys and girls aged under 18 for whom ‘the street’ (including unoccupied dwellings and wasteland) has become home and/or their source of livelihood, and who are inadequately protected or supervised . As a generic term ‘street children’ applies to several sub-sets of children in India, such as abandoned, runaway, or maladjusted children. Thus we can say that street children are the products of poverty, domestic violence, breakdown of families, loss of traditional values, economic crisis, physical and psychological abuse. 9
  • 10. The growing number of children who work on the street or even live there permanently is one of the most acute global problems. According to a report from the Consortium for Street Children, a United Kingdom-based consortium of related NGOs: In 1989, UNICEF estimated that 10 million children were growing up on the urban street around the world. Fourteen years later UNICEF reported: the latest estimates put the number of these children as high as 100 million. An even more recently: the exact number of street children is impossible to quantify but the figures almost certainly runs into tens of millions across the world. It is likely that the numbers are increasing gradually. In its 2008 report on the state of the world children, the UNICEF lists a total of 60 priority countries for action on child survival and safety, of which almost two-thirds (38) are in sub-Saharan Africa. The list also includes the whole of the Indian sub- continent, the main Southeast Asian nations, and Brazil, Haiti and Mexico in the Americas.1.2 Situation of street children in India (an overview) According to the UNICEF and the World Health Organization (WHO), the steadily growing numbers of street children worldwide could be 100 to 150 million. India has the highest concentration; in 1994, UNICEF itself estimated that 11 million children lived in the streets of India, while other groups put the numbers as high as 20 million. Two in three is a male. Moreover, while the majorities are between 11 to 15 years, a large percentage belongs to the 6-10 age groups. A large proportion of these children are laboring as porters at bus stands or railway stations; as mechanics in informal auto repair shops; as vendors of food, tea or handmade articles; as street tailors; or as rag pickers, picking things from garbage and selling usable materials to local buyers. A study in 2007 in India found the following:  65.9% of the street children lived with their family’s on the streets. Out of these children, 51.84% slept on the footpath, 17.49% slept in night shelters, 30.67% slept under fly over & bridges, railway platforms, bus stops, parks and market places.  The overall incidence of physical abuse among street children, either by family members or by others or both, was 66.8% across the states, out of these, 54.62% were boys and 45.38% were girls. 10
  • 11.  In a recent study in India, out of the total number of child respondents reported being forced to touch private parts of the body, 17.73% were street children, 22.77% reported having being sexually assaulted. Some studies revealed that as many as 90% of them could live with parents or relatives if they so wished, though their families are in variable destitution.1.3 On the streets of Patna Patna is the capital of the Indian state of Bihar and one of the oldest continuously inhabitated places in the world. Ancient Patna, known as Patliputra, was the capital of the Magadha Empire under the Haryanka, Nanda, Mauryan, Sunga, Gupta, Pala and Suri dynasties. The modern city of Patna is situated on the southern bank of the Ganga River. The city also straddles the river Sone, Gandak and Pun Pun. The city is approximately 25 km long and 9 km to 10 km wide. The bridge over the Ganga River named Mahatma Gandhi Setu is 5575m long and is the longest river bridge in India. The economy of Patna is based on the local service industry and the per capita gross district domestic product in Bihar is rs.31, 441. In June 2009, the World Bank ranked Patna as the second –best city in India to start a business, after Delhi. In the recent years, the growth in Patna has been quite phenomenal with the improvement in the law and order after the change of regime. Several multinational companies have also come to Patna; one example is Tata consultancy services. The hinterland of Patna is endowed with excellent agro- climatic resources and the gains of the Green Revolution have enabled the older eastern part (locally called as Patna City) to develop as a leading grain market in the Bihar state. The population of Patna is over 4,718,592 comprising of rural (2, 757, 60) and urban (1,961,532) population. The population density is 1471person per square kilometer and the growth rate is 30.17 (1991-2001). There are 839 females to every1, 000 males. The overall literacy rate is 63.82% and the female literacy rate is 50.8%. Many languages are spoken in Patna. Hindi and Urdu are the official languages. The native dialect is Magadhi or Magahi, named after Magadha, the ancient name of Bihar. Dialects from other regions of Bihar spoken widely in Patna are Angika & Bhojpuri. Yet another language is Maithli from Mithilanchal. Other languages widely spoken in Patna include Bengali and English. Patna is also a major rail junction and is well connected with all major Indian cities and serves as an important transit point for a number of local people from other districts of 11
  • 12. Bihar and tourists from abroad. It is well connected through National High (NH) ways with other major cities like Mumbai, Delhi, and Calcutta etc. Despite all these improvements, Bihar accounts for 8.9% of the child labor in India. According to the 2001census, 12.7 million children in the age group of 5-14 years were working. About 540,000 children were “main workers”, who worked for over six months, while 580,000 were “marginal workers” who worked for less than six months in India. The state of Bihar faces the challenge of getting its children into school, not work. The total number of children as main and marginal workers accounts for 0.54 million and 0.58 million respectively (census2001). The unavailability of systematic data makes it difficult to arrive at a trustworthy figure on the number of street children in Patna Bihar; instead we can make only an educated guess which can be gained from social indicators such as primary school enrolment and the prevalence of child labor. Because of its capital status and easy accessibility from other places, a number of street children approximately 700 to 800 come to the city every year. Most of them come from rural areas of other districts to escape poverty, domestic violence, hostile behavior of parents and unemployment. They could be easily seen roaming in and around Patna Station, R-Block, Karbighya, Patna Sahib, old Rajinder Nagar bridge, Danapur Station and bus stand, Gandhi Maidan, Bankipore Club etc. Here they are involved in petty works like rag picking, boot polishing, begging for money and selling papers and magazines at road crossing, cleaning car mirrors at traffic red light signals, working as small labor (choto) in small shops and food vendors. In the back ground of these broad observations, Bal Sakha tries to capture the real picture of street children at the streets of Patna by conducting a rapid situational study and evolve suggestive ways and measures which are likely to lead to a better understanding of their circumstances and problems and, hopefully, of the institutional services provided to them. Furthermore, these findings may pave the way for a qualitative change and improvement in these services in the state of Bihar.1.4 Back ground of the survey Bal Sakha: from its inception in 1988 as a registered organization, it has been working for the protection of child rights in Bihar and Jharkhand for well over quarter of a century. The organization has a twofold approach to address child protection issues. One is through direct community interventions to enhance the quality of the Observation Homes (OH) and bring positive changes for the institutionalized children. On the other hand, through the participation and the mobilization of NGOs, civil society and the media. The organization has been to involve children in the forum to share their experiences. Bal Sakha has optimal skills to address the issue and further its image, 12
  • 13. taking it to the level of bureaucracy and judiciary. While working with the children on the streets, Bal Sakha realized that many street children coming to the centers (run by Bal Sakha) are the victims of domestic violence, poverty, broken homes, loss of traditional values and hostile behavior of parents, who have somehow managed to escape from the atrocities and difficulties of life and without knowing the consequences of future way of life landed either on the streets or railway platforms. So, during the earlier part of the millennium, while developing strategies for intervention for street children Bal Sakha planned to work and study the issue. For this purpose, Bal Sakha took up the task to conduct a detailed study on street children in Patna to address the issues faced by street children. The aim was to come out with some amicable solutions and problem solving process for the society and the government. About the study The present study was intended to capture the rapid situational analysis of street children in Patna, their various demographic, socio-economic factors, knowledge, attitudes, practices & behavior and future inclination.1.5 Aims and objectives To conduct a detailed analysis of: 1. Prevalence of street children in Patna. 2. Demographic information 3. Patterns and trends for leaving home 4. Working conditions of the street children 5. Working hours, time spent in other recreational activities 6. Their perspective regarding child rights 7. Their thinking about their own future 8. Their expectation from parents/relatives/government/society/NGOs 9. Their perspective regarding importance of education and skills training programme 10. Economic profile 11. To suggest a plan of action for the Government & NGOs after assessing the needs of the street children in Patna. 12. To give possible suggestions for improvement and betterment of street children in holistic manner1.6 Research methodology and design of the study 13
  • 14. An appropriate methodology was designed which has been represented diagrammatically below for a clearer understanding of the study. Data Tabulation Secondary sources, internet resources-documents, progress reports, annual reports, government Data Analysis publications. Data collection information Draft report & Primary sources- Personal Discussion interactions and group discussions through field visits. Final report I. CASE DEFINATION: It is a very difficult and tedious task to classify the street children for the above study. However we covered the following three sections of the street children. a. Street children living/ working on the street (5-18 years of age) b. Street children living with their parents on the street c. Children coming again and again from other home towns /places for living/working on the street.II The study in Patna was conducted in a two stage process. 1st stage - mapping stage- A comprehensive exercise was under - taken and a complete mapping of street children was done in Patna utilizing multiple resources. 2nd stage - sample selection- After the mapping stages multiple locations under different police stations in Patna city was selected, from where different proportion of samples was studied. The primary unit of observation was the street child and the selection of children within the selected police station, was done on a simple random basis. 14
  • 15. III Size of the Sample: After the completion of the mapping stage, a representativesample size of 555 subjects in consonance with the available resources was taken for theintended study. Sl Police Station Location No. Of Children Total 1. Sachivalay R.Block 09 19 Mithapur 10 2. Jakanpur Patna Junc. 31 38 Mithapur Bypass 03 Bus Stand 02 Karbigahiya 02 3. Pirbahore Near PMCH 22 52 Near Pirbahor Thana 01 Bankipur 07 Ashokrajpath 03 Darbhanga House 10 P.U. 09 4. Gandhi Maidan Gandhi Maidan 50 50 5. Kankarbagh Tempo Stand 22 35 Kankarbagh 13 6. Digha Ghat Bintoli 16 29 I.T.I. 05 Digha Ghat 08 7. Alam Ganj Gaay Ghat 10 18 Alam Ganj chowki 02 Ashokrajpath 02 Karbala Dargah 04 8. Kotwali Moryalok 03 09 Near White House 03 Near Kotwali Thana 02 Adalatganj 01 9. Shastri Nagar Rajbanshi Nagar 04 11 D.A.V. School 04 Near Hanuman 03 Mandir10. City Chowk City Chowk 07 35 Non Ka Chouraha 06 Patna City Station 09 Mirchaiya Ghat 06 Saheb Ganj 02 Mangal Talab 02 Harmandir 0311. Gulzarbagh Tulsimandi 08 27 15
  • 16. Railway Colony 19 12. Khajekala Near Mandir 01 28 Near Khajekalaps. 10 Near Patna City 01 Near Ganga Ghat 02 Near Neem Ghat 14 13. Patliputra & Rajeev LCT Ghat 07 28 Nagar Patliputra 07 Milki Mohallah 04 Nehru Nagar 04 Gosai Tola 06 14. Agamkuan Near Sitla Mandir 21 28 Tulsi Mandi 07 15. Gardanibagh Durga Mandir 02 26 Gardanibagh 07 Yarpur 17 16. Didarganj Cheakpost 04 04 17. S.K.Puri Children’s Park 09 12 Basawan Park 03 18. Phulwari Phulwari Block 06 10 S.B.M. School 04 19. Kadamkuan Durga Mandir 02 04 Churdi Market 01 Dariyapur 01 20. Danapur Pipa Pul 07 22 Bus Stand 02 Near Sadar Hospital 13 21. Malsalami Patna Ghat Station 02 12 Tampo Stand 05 Near Thana 02 Mangal Akhara 03 22. Budha Colony Kali Mandir 09 30 B.D.S. School 05 Budha Colony 10 Bans Ghat 04 Hanuman Mandir 0223. Khagaul Danapur Station 14 1424. Bahadurpur Rajendra Nagar 14 14 Station25. Sultanganj Sultanganj 00 00TOTAL 555 16
  • 17. 1.7 Preparation for the implementation of the field survey The preparation primarily involved preparation of a questionnaire and the training of research investigators. The questionnaires were pretested on a sample of 10% of the actual size which was modified and all required changes were incorporated.1.8 Field survey The field survey started on January 20 and was completed on March 10, 2011. The study covered 555 street children from different selected locations under different police stations.1.9 Data collection Both primary and secondary data was used for the purpose of the study. The secondary information was collected from different internet resources-documents, progress reports, annual reports and other published material of the Government of India. While the primary information was collected through various schedules designed for different target groups.1.10 Interview procedure Data collection was based on a structured interview schedule. Data collectors were Social Science & Management graduates. Each team comprised of two members, one female enumerator was also involved due to the fact that some street children were girls. Each interviewer was assigned to conduct seven interviews per day at various target locations. Extensive orientation and training was given to research investigators in the technique of interviewing, focus group discussion and observation.1.11 Quality control mechanism Lot of care was taken in the preparation of the study tools and to make sure that they very simple, precise, clear, easily understandable and free from ambiguities. Two day training on data collection was conducted in Patna which included issues on subject selection, explaining the rationale, objective of the study and a thorough understanding of each question to ensure quality of work. 17
  • 18. 1.12 Focus group discussions (FGD) In addition to collecting information through questionnaire we used the FGD technique to get as much qualitative detailed information as possible by allowing the children to express and state their views freely and openly.1.13 Data analysis This approach was not only used to analyze the situation of street children and the quality of child-care but also to shed light on the causes of good or bad performance. Given this, the data entered in a computer file, tabulated and central tendencies were calculated using statistical methods.1.14 Time frameThe study was initiated in the month of January 2011 and completed by May 2011. The detailsof the time schedule of the meetings, orientation, field work and report writing are givenbelow: Sl. No. Activities Dates 1. Initial meeting at Patna January 03-05, 2011 2. Meeting to finalize tools and schedules at Patna January 06 -15, 2011 after pilot study 3. Desk research, preliminary work, and schedule January17 -22, 2011 printing 4. Orientation to investigators at Patna January 25, 2011 5. Field work and survey including PRA and group January 27-March 10, 2011 discussions 6. Analysis, data validation interpretation of data March 15 to august 15, 2011 and report writing 7. Submission of the final report August 31st , 2011 18
  • 19. 1.15 Problems faced during survey I. The children were not able to understand our all question. II. The children were not speaking many things due to fear. III. Problems of non-response and other attitudinal biases connected with perceptional questions. IV. The investigators during the conduct of field work posed some difficulty in getting their responses. 19
  • 20. CHAPTER-2 Section –AChild rightsInternational instruments and Indian legislationIndia has over 400 million children below 15 years of age, bigger than the entire population ofthe US. It also has the largest number, and the largest proportion, of malnourished children inthe world. Most of them enroll in school but by class VIII about half of them dropout, and only38 % make it to Class X. among Tribal Children almost 80% dropout by Class X. India also has thehighest population of illiterate adults in the world- about 257 million people above 15 years,who are beyond school going age, cannot read or write. (TOI-26-march page1).These are dismal statistics and cast a long shadow across the country which is focusing on highGDP growth, burgeoning billionaire and multimillionaire population, rising foreign investmentsand our status as an emerging global superpower. It is clearly reflected by above data thatvulnerability of child/children are as high as Mount Everest and is the resultant of weak socialfabric of society coupled with a feeble state machinery. Needless to say, the Government, ofcourse is committed to do its best and some successes and transformation have occurred inrecent years, but all these indicators showed that there are children who suffered from hunger,no education and face various kind of discriminations and exploitation.The primary purpose of this section is to provide a broad and better understanding about childrights at national and international dimension, their legal rights are enshrined in Indianconstitution and protection through judicial pronouncements.International Dimension –The first United Nations Declaration on the Rights of the Child, adopted in 1959 stated thatevery child, by reason of his physical and mental immaturity, needs special safeguards and care,including appropriate legal protection, before as well as after birth means that every child hasits human rights and they should be not denied to it by any body. This was a moral rather thana legally binding document. Consequent to it, in 1989 the legally binding Convention on theRights of the Child was adopted by the United Nations. In 54 articles the Conventionincorporates the whole spectrum of human rights - civil, political, economic, social and cultural -and sets out the specific ways these should be ensured for children and young people. In May2000, two Optional Protocols, one on the involvement of children in armed conflict and a 20
  • 21. second on the sale of children, child prostitution and child pornography, were adopted tostrengthen the provisions of the Convention in those areas.A ‘child’ is defined in the UN Convention on the Rights of the Child (CRC) 7 as a person underthe age of 18. This includes infancy, early childhood, middle childhood and adolescents.The UN Convention on Rights of the Child,8 1989 draws attention to four sets of civil, political,social, economic and cultural rights of every child. These are: Right to survival: Which includes the right to life, the highest attainable standard of health, nutrition, and adequate standards of living. It also includes the right to a name and a nationality. Right to protection: Which includes freedom from all forms of exploitation, abuse, inhuman or degrading treatment, and neglect including the right to special protection in situations of emergency and armed conflicts. Right to development: Which includes the right to education, support for early childhood development and care, social security, and the right to leisure, recreation and cultural activities. Right to participation: Which includes respect for the views of the child, freedom of expression, access to appropriate information, and freedom of thought, conscience and religion.The Convention provides the legal basis for initiating action to ensure the rights of children insociety.Relevant articles from the UN Convention on the Rights of the ChildArticle 2 –1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the childs or his or her parents or legal guardians race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the childs parents, legal guardians, or family members.Article 31. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 21
  • 22. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.Article 61. States Parties recognize that every child has the inherent right to life.2. States Parties shall ensure to the maximum extent possible the survival and development of the child.Article 121. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.Article 321. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development.2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment; (b) Provide for appropriate regulation of the hours and conditions of employment; (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article. 22
  • 23. Article 34: States Parties undertake to protect the child from all forms of sexual exploitationand sexual abuse. For these purposes States Parties shall in particular take all appropriatenational, bilateral and multilateral measures to prevent: The inducement or coercion of a child to engage in any unlawful sexual activity; The exploitative use of children in prostitution or other unlawful sexual practices; The exploitative use of children in pornographic performances and materials.Article 35: States Parties shall take all appropriate national, bilateral and multilateral measures to preventthe abduction of, the sale or traffic in children for any purpose or in any form.Article 36: States Parties shall protect the child against all other forms of exploitation prejudicial toany aspects of the child’s welfare.Any child primarily on account of his dependence and vulnerability deserves to be completelylooked after by others. As a child, he needs support and care to survive since the nature doesnot provide to the human infant any protection at all. The need to survival and protectioncontinues till the child attains maturity and adulthood. The child being the nursery of allcivilization and all human potential has to be provided with various institutional and non-institutional system of development which consists of programs pertaining to education, lifeskills, nutrition, health, shelter and most important, the right to childhood.National efforts –In India, which has a long history of Child Rights legislation, most statutory provisions havefollowed, more or less, the colonial pattern. The English idea of providing separate treatmentfor juvenile offenders was passed on to India in the last quarter of the nineteenth century. TheApprentices Act, 1850 is chronologically the first law meant to deal with the children indistresses who are to be trained for trade and industry. Even the penal laws such as the IndianPenal Code, 1860 exempts children under the age of seven years from criminal responsibility(Section 82). It also exempts children between the age of seven to twelve years, who have notattained sufficient maturity of understanding to judge the nature and consequences of theirconduct, from criminal responsibility (Section 83). The Act also provides some protection to thechildren from the evil designs of the adults (Section 363-A).The Reformatory School Act enacted in 1876 and later modified in 1897, was the next landmarklegislation in the treatment of juvenile delinquents. It empowered local government toestablish reformatory schools. Under the Act, the sentencing court could detain boys in suchinstitutions for a period of two to seven years but they would not be kept in the reformatoryschools after they had attained the age of eighteen years. There was also a provision to licenseout boys over fourteen years of age if suitable employment could be found. In Bombay 23
  • 24. Presidency, the Act was applicable to boys under sixteen years of age, while elsewhere itapplied to boys under fifteen years of age.The Code of Criminal Procedure of 1898 provided specialized treatment for juvenile offenders.The Code also envisaged the commitment of juvenile offenders up-to the age of fifteen years toReformatory Schools and provided probation for good conduct to offenders up-to the age oftwenty one. Subsequent Indian children Acts passed by the Presidencies and provincesmaintained this thinking. These laws contained provisions for the establishment of a specializedmechanism for the identification of handling and treatment of children and juveniles. In thisregard, recommendations of the Indian jails committee, 1919-20, gave an added impetus tolegislative action. In the post independence period; the Government of India was seized of theproblems among others, of juvenile justice particularly in the centrally administered unionterritories. This is what led to the Children Act.1960. The law was in full force in all the UTs, butthe states, not having juvenile legislation, were free to adopt it. As would be expected, at thisstage, juvenile justice in the country was uneven and had varying standards, norms andpractices. These problems were sought to be removed through the Juvenile Justice Act 1986.The law was in force throughout the country.On the other hand, the concept, approach and methodology of juvenile justice were undergoing some basic changes, as is indicated by the Beijing rules and the UN Convention on Rightsof the Child (UNCRC). The government of India endorsed the UNCRC in1992. This led to theformulation of the Juvenile Justice (Care and Protection of Children) Act, 2000, which wasexhaustive amended in 2006 by Act No.33 of 2006.Recently, the National Commission for Protection of Child Rights (NCPCR) was set up in March2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament(December 2005). The Commissions Mandate is to ensure that all Laws, Policies, Programmes,and Administrative Mechanisms are in consonance with the Child Rights perspective asenshrined 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.The Commission visualizes a rights-based perspective flowing into National Policies andProgrammes, along with nuanced responses at the State, District and Block levels, taking care ofspecificities and strengths of each region. In order to touch every child, it seeks a deeperpenetration to communities and households and expects that the ground experiences informthe support the field receives from all the authorities at the higher level. Thus the Commissionsees an indispensable role for the State, sound institution-building processes, respect fordecentralization at the level of the local bodies at the community level and larger societalconcern for children and their well-being. 24
  • 25. Constitutional provisions -After Independence, the Indian constitution made several provisions and steps taken forprotecting the interest o children. Part III and Part IV which deal with Fundamental Rights andDirective Principles of state Policy respectively contain some special provisions with respect tochildren.Article 15 (3): Permits the State to make special provisions for children and women.Article 21: protection of life and personal liberty.-No person shall be deprived of his personal liberty except according to procedure established by law. Subsumed under the right to life there are several unenumerated rights fall within the ambit of Article 21. Since personal liberty is the widest amplitude, the Apex Court itself provided the list of some of the rights covered under Article 21 on the basis of earlier pronouncements and some of them are listed below: The Right to health The Right to livelihood and dignity The right to education Right against custodial death The right to freedom from sexual harassment The right of child offenders to speedy trial, The right to doctors assistance The right to legal aid, The right to pollution-free water and many othersArticle 23: Prohibits the traffic in human beings and forced laborArticle 24: Forbids the employment of children below the age of 14 years in factories, mines and other hazardous occupationsArticle 39 (e): Directs the State to safeguard the tender age of children from entering into jobs unsuited to their age and strength forced be economic necessityArticle 39 (f): Directs the State to secure facilities for the healthy development of children and to protect childhood and youth against exploitation and moral and material abandonment.Article 45: Requires the State to provide free and compulsory education to all children up to age of 14 years.Article 47: states it is the duty of the state to raise level of nutrition and standard of living. Parliament has enacted the 86th Constitutional amendment in 2002 and made Right to Education a fundamental right. 25
  • 26. Judicial judgmentsThe judiciary in India plays very important role and has passed many significant judgments infavor of child rights.SHEELA BARSE VS UNION OF INDIA & OTHERS - 1986 AIR SCC 1773 Physically and mentally retarded children should not be kept in jails. Juvenile Courts must be constituted in each district. Cadre of Trained Judicial Magistrate is appointed to deal with children cases. Investigation and trials against Juvenile. (Children) offences punishable with imprisonment of not more than 7 years must be completed within a period of 3 months from the date of filing of the complaint or F.I.R.; if the investigation is not completed within this time, the case against the child must be treated as closed. And that case must be tried and disposed of within a further period of 6 months otherwise it will be treated as quashed. The trail of children cases must takes place in Juvenile courts and not in the regular Criminal Courts. The District judge or CJM (Chief Judicial Magistrate) or Judicial Magistrate should visit jail in their districts for the purpose of ascertaining how many children in jail, Children should not be kept in jail.SHEELA BARSE V. SECRETARY, CHILDREN AID SOCIETY, - AIR1987 SC656 The Supreme Court commented upon setting up dedicated juvenile courts and special juvenile court officials and the proper provision of care and protection of children in observation Homes.SANAT KUMAR SINHA VS STATE OF BIHAR & OTHERS,CRWJC-182/88PLJR 89- 1024 State Government must provide adequate fund/finance for construction and renovation of buildings i.e. Remand home etc. Provide necessary facilities required for inmates. (Both Girls & Boys). Unnecessary staff in Homes should be removed and class, III, IV, employees be posted in these institution properly. Employees appointed in these institutions for education and vocational training of the inmates. Civil Surgeons are responsible for complete health care of inmates. 26
  • 27. Civil Surgeons/Asst. Civil Surgeon must visit Remand Homes once in a week for health care of inmates. Social Welfare Department should release adequate funds for food and clothing. Women lodged in After Care homes to be given all similar facilities of an “A class” prisoner. Employment for such women may also be arranged. The authorities before the CJM or any other courts himself or herself should produce cases, in which the inmates are witness/victim, regularly.JANARDAN PANDEY VS STATE OF U.P. 1997 (1) East CC 800 (ALL) Session trial-Separate trial for juvenile-one accused found to be juvenile on the date of crime as per the high school certificate-medical evidence found him not as juvenile-held & high school certificate he is authentic proof of age, accused held to be juvenile and he cannot be trail by a regular court along with adult accused even If he is not a juvenile at the time of the trial.SANAT KUMAR SINHA VS STATE OF BIHAR- CRWJC1989/89 Speedy trial must be taken in all juvenile cases. All criminal trail against Juveniles in Custody for pending more than three years is treated as QUASHED. The Direction given by Supreme Court in Sheela Barse case should be followed by lower court for speedy disposal of the juvenile cases in future.GURMUKH SINGH VS STATE OF UP. - 1990 UP Cr. R. 264ALL For determining the age of a Juvenile full inquiry should be made and mere appearance is not a safe guard. After the full dress inquiry of his age under Sec. 32 of JJA, any appropriate order may be passed under Sec 18 of Act.KESHWAR SAO VS STATE OF BIHAR.- 1997 (2) East. Cr. Case 319 If a ball of a person rejected by High Court and subsequently in inquiry it is found that the person is a juvenile in such position bail may be granted subsequently under Sec 18 of JJA.RAJESH KR. VS STATE OF RAJASTHAN.- 1989 1 Cr. L. R. (RAJ) 560 27
  • 28. When a Juvenile is denied bail it must be clearly stated in the order that his release would bring him into the association of any known criminal or that his release would expose him to moral danger .It also is stated that some of the witnesses wh have been examined so far by the Juvenile Magistrate have not deposed against the Juvenile .If these are not there juvenile can be released on bail. In the event of refusal of his bail on sufficient ground he can be send to an observation home or place of safety.KAMLESH KUMAR VS STATE OF U.P.- 1994 UP Cr. 595 When a juvenile girl produced before court is not claimed by any person and she is not a delinquent Juvenile. Court must ensure that she is kept in place of safety until she at last majority. At that place of safety she must be provided with education, maintenance, vocational training in such trade that may in future help her for being rehabilitated. If the place of safety is not run by the state government, any organization where the girl would be ordered to kept always claim such expense, that incur during the stay of the girl, from the state Government.PURSHUTAM SULTANIYA VS STATE OF BIHAR,- 1998 (2) PLJR 563 Where the case is pending in any criminal court (punishable up to 3 years ) and pending for more than Two years then the case must be stopped and the accused discharged. Above directions given by high court shall be enforceable in Juvenile cases.COMMON CAUSE REGD SOCIETY VS UNION OF INDIA, - 1996 AIR 1619 Where the accused charged before any criminal court and punishable with imprisonment not exceeding three years and trials pending for one year or more and the concerned accused have not been released on bail but are in jail for a period of six months or more, the concerned court shall release the accused on bail. When the accused charged with any criminal court are punishable with imprisonment not exceeding five years are if trials are pending for two years or more and accused not have been released on bail, but are in jail for a period of six months or more , the accused should be released on bail. When the case pending in Criminal courts for more than two years where case is computable with permission of court the court shall discharge or acquite such case may be treated as closed. 28
  • 29. Where the case is pending in the any criminal court (Punishable with three years) for two years, the court shall discharge the accused the case may be closed. The above Directions given by the Supreme Court Shall also be enforcement in Juvenile Cases. For the purpose of direction contained in above clause, the period of pendecy of criminal cases shall be calculated from the date of the accused are summoned to appear in the court.HUSSAINARA KHATOON VS STATE OF BIHAR,-1980 SCC 81 Right to speedy trial is a fundamental Right implicate in Article 21 of the constitution. If an accused is not tried speedily and his case remains pending before the magistrate o the session court for an unreasonable length of time, it is clear cut that his Fundamental Right to speedy trial would be violated unless, or course, the trial is held of an account of some interim order passed by a superior court. The consequences of violence of fundamental right to speedy trial would be that the prosecution itself would be liable to be quashed on the ground, that it is a breach of the Fundamental Right.BAL SAKHA VS.STATE OF BIHAR AND OTHERS-NO.VWJC NO. 9627 OF 2008 The High Court directed that the new Bihar JJA Rule, inculcation the Amendments of 2006 must be published within two months from today. The High Court decried that within 3 months from today, Inspection Team shall be constituted and notified in all the concerned districts. The Patna high Court also said that the state Govt. must ensure that the rights of the children do not get violated. If any initiatives are required to be taken by the state Government in this regard, they need to be taken and it be ensured that JJA ,2000 as amended up-to-date is implemented in its letter and spirit.SAKSHI V UNION OF INDIA, AIR 199 SC 1412 Supreme Court directed the government/ Law commission to conduct a study and submit a report on the means of curbing child abuse. 29
  • 30. JUVENILE JUSTICE (CARE AND PROTECTON OF CHILDREN) ACT, 2000The Act is a central Act, which came into force on April 1, 2001, throughout the country. It isbased on (i) provisions of the Indian Constitution; (ii) United Nations Convention on Rights ofthe Child, 1989; (iii) United Nations Standard Minimum Rules for the Administration of JuvenileJustice, 1985 (the Beijing Rules); (iv) United Nations Rules for the Protection of Juvenilesdeprived of their Liberty, 1990.The Juvenile Justice Act, in its preamble itself signifies the need of the child care by providingthat it is an Act to consolidate and amend the law relating to juveniles in conflict with law andchildren in need of care and protection, by providing for proper care, protection and treatmentby catering to their development needs, and by adopting a child-friendly approach in theadjudication and disposition of matters in the best interest of children and for their ultimaterehabilitation through various institutions established under this enactment. Recently theexhaustive amendments of 2006, and rules framed in the year 2007 is credit worthy as itincorporates many aspects regarding juveniles. Salient features of Juvenile Justice (Care and Protection of Children) Act, 2000  The age for boys and girls has been uniformly raised to 18 years in accordance with the UN CRC.  It deals separately, two categories of children i.e. ‘child in need of care and protection’ and ‘juvenile in conflict with law’. A ‘child in need of care and protection’ is children who due to various reasons are found in difficult circumstances and are in danger of survival and growth. The ‘juvenile in conflict with law’ are those juveniles who are alleged to have committed an offence. The Act provides separate treatment in the matter of institutional care, legal adjudication and disposition of cases.  The Competent Authority in relation to ‘child in need of care and protection’ is Child Welfare Committee and in relation to ‘juvenile in conflict with law’ is Juvenile Justice Board.  The members of the Committee in the Board have been given magisterial power.  The social workers and the representative of the NGOs having prescribed qualifications under the Act can now become member of the Competent Authority.  For the ‘juvenile is conflict with law’, the Act envisages to establish Observation Homes and Special Homes. For the ‘child in need of care and protection’, provision has been made to establish Comprehensive Children’s Homes. While the Shelter 30
  • 31. Home and the After-Care Organizations may be established for juveniles or children. The Shelter Home shall be exclusively established and run by the voluntary sector with the assistance from the government. All others Homes can either be established or run by the government in association with the voluntary organizations. The representatives of voluntary organizations and social workers can become members of Advisory Committee. New mode of dispositional alternatives like counseling and community services have been incorporated for the juveniles in accordance with Beijing Rule. A new chapter on rehabilitation and social re-integration comprising of adoption, foster care and sponsorship has been added. The police has been assigned specialized role in accordance with Beijing Rules. A Special Juvenile Police Unit (SJPU) shall be set-up in every police station. A police officer of the rank not below an Assistant Sub- Inspector (ASI) shall be designated as Child Welfare Officer. He shall be assisted by two local voluntary social workers. A new concept of Social Audit has been introduced in accordance with Beijing Rules. Besides police, the social worker and the voluntary organization have role in production of children before the Child Welfare Committee. A child himself/herself can appear before the Competent Authority and demand his/her rights. The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board at every six months, and shall direct the Board to increase the frequency of its sittings or may cause the constitution of additional Boards. Juvenile/child cannot be kept in police lock-up or jail. Effort shall be made to release the juvenile on bail or probation. Enquiry to be completed within a period of four months from the date of its commencement unless the period is extended by the JJB/CWC, else for reason to be recorded The state governments (under section 68 of the Act) are directly responsible for the implementation of the Act. 31
  • 32. Results and findings. Section -BProfile of the respondent childrenThe situational analysis of street children at Patna was conducted between Jan – May 2011 .Thesample size was 555 which covered 20 PS in Patna district. Interviews were conducted withrespondent children by means of structured questionnaire with closed & open endedquestions. A copy of questionnaire is attached as appendix 2.The questionnaire was developedby research team & then tested through pilot study. Following the testing, minor adjustmentwere made in the questionnaire for study.Demographic characteristics of street children1. Location of street children: Table 1 gives the distribution of street children by the location where they were living at that time of the survey. The survey reveals that the majority of the street children living on the street (45.41%) & were migrated from the other cities to Patna.2 Gender, age & religious profile: The survey interviewed only those street children who reported their age between 5-18 years. The age distribution of street children is given in table 2. It can be seen that (39.82%) were of age 11 -14 years which is not surprising concentration in this category. More than (33%) had age 8-10 years. Cumulatively more than 73% were in the age group of 8-14 years; these figures assist the policy makers to form such guidelines and course of action for this age group. Among 555 respondent street children 74.59% were male & 25.41% were female table 2a. A religious profile is also drawn up of the children.90.60% were reported Hindu and 9.37 % were Muslim. Though overall data represent low percentage of Muslim children in the city but their concentration is in the railway station and its adjacent areas.3. Orphan children: Table 3 provides the information against the status of orphan children (both parents deceased) which are count the (10.63%) of the total respondent children.4. Location of Parents, knowledge of parents about location of children. 32
  • 33. Respondents were asked to describe the location of their parents if this was known. Out of total 555 respondents, 496 respondents knew the location of their parents. 59 respondents were orphan so that they were excluded from the analysis. About 67.54 percent indicated that they live with their parents on the street. Respondents live with their mother only (9.07%) with father only (5.44%). Followed by 15.52% indicated that their parents live in home town/village. Overall appears the proportionally more street children live with their parents on the street shows correlation with the factors of poverty, hunger co-exist with search of more opportunities of income in large cities like Patna, Delhi, Ahmadabad and Mumbai etc. Further, 89.71% respondent street children response reflects that parents knew their location and 10.29% replied in negative.5. Last visit to parents and reasons for not visiting. The survey found that 6.05% of street children did not visit to their parents; however 93% responses indicated children visited to their parents. The survey explored the reasons for not visiting the parents. Two main reasons were mentioned in table 5. The observation shows that out of 30 respondents in the don’t visit category, “no desire and affection” counts for 26.67%, “they don’t like me or they detached themselves from their children or other financial issues include rest of the data. (Table-12 & 13)6. Reasons for leaving home and information to parents: The respondent children were asked “why did you leave your town/village home?” and number of options were presented in the questionnaire with a possibilities of expending on these the six most important reasons mentioned were;-  Come to earn money- (Income) -----(52.25%) Left home on account of this.  Poverty and Hunger--------------------(36.22%) Reported this.  Run away from home………………… (5.05%) Reported this.  Parents send me for work……………. (2.52%) Reported this.  No one looks after me……… (1.08%).  Domestic abuse of step mother/Father…………. (0.9%) The statistics reveals the gloomy picture, the first two indicators are co related to each- other, because it shows poverty and misery resulted in creation of forced, pushed and pulled factors of earning or migration of children .A small number reported were ran away (5.05%) the survey reveals that 11% children did not inform parents while 89% informed 33
  • 34. the parents (table-9). Additional information generated through FGDs (focus Group Discussions) also showed that children were quite unhappy due to the poverty surrounding them. It was also clear that scarcity of luxuries in life and weak financial conditions of home compel them to leave the home. A research in this relevance supported the above findings as "numbers of children are not receiving the economic support they need for their holistic development"7. Duration of stay in the Town: In terms of duration of stay in Patna city where they were being sampled (table 11) shows that nearly (94%) were staying in the town for more than a year. Further, the survey found that (5%) were staying less than a year. A little less than (1 %) were staying in the town for less than 1 month8. Sleeping Arrangements (current location): About (38.2%) said that they were sleep on the street.(29.55%) children interview hat they sleep in the bus shelter, shop shelter or shelter provided by Ngo’s. whether further 9.55% sleeping at Railway station. (table 6).Nearly small percentage (2%) of the children reported that they sleep at mosque or temple. The data also indicated that (91.53%) children sleep at same sight every night and thus considers it as their permanent place of sleeping. Those who consider their sleeping place temporary were (10.99%).9. Age of the children when first started work: Nearly (23.06%) of the street children started working when they have not completed 5 years of their age. However, This information was not correlated with the researchers own assessment cause it seems their responses were based on their own calculations which were not very much correct about their working age under 5 years. About (54.59%) started working when they are in age of trouble 5-8 years. About (16.4%) stated when they were of age between 8-12 years .12-15 years (3.42%). Don’t remember (2.52%). (table-18)10. How did you find the work: Table 15 reflects that how street children find the work. Nearly(37%) of the children reported that they get the job through friends, in case of (27%) of the children reported the get the job through relatives, about (15%) of the children reported that they themselves started the job. (6%) from other people who are not known to them. Most of the children living near slum areas get the job through friends. 34
  • 35. 11. Current Work The respondent street children in study areas are engaged in verity of activities. The responses are to some extent concentrated in three categories: Rag picking 31.99% Begging 13.33% Work in small Shop 16.76% Others 24.32% The aforementioned activity well reported by the street children at the time of interview. The street children suppressed the nature of their works they didn’t report correctly if the nature of work is illegal and not approved by the society. However 0.36% children are reported in sex work. Other activities in which children were involved were selling water bottles 2.16%, boot polishing 1.98%, brooming in train 1.98%.”Others” include brooming in hospital, carry death body, collect garbage, selling flower, rickshaw pulling, selling goods of bamboos, car cleaning and working in brick klin etc. Illegal activities like pick pocketing, theft, snatching, drug peddling were not replied by street children but some NGOs workers informed us about illegal activities then by the street children.(table-14)12. Work hours and weekly working days: Based on the reported data in appears that average street children works 5.23 days in a week and work between 5 to 7 hours per day. However, the children working in the station area spend 12 hours including waiting of trains, hanging around platforms and wandering in shed areas of station.13. Earning, expenditure and saving: Questions were asked about the earning last 15 days and expenditure. About majority of the respondent children had earn between Rs. 700 to Rs. 750. However few earn as high as more than Rs. 2000 to Rs.2500 – the average for lightly income was estimated to Rs. 750. The children were asked how much of their earnings they keep. 34.95% of the children reported that they keep all of it, while the 60.9% said that they keep some of it and give their earning to parents for saving purpose. 2.52% remaining children gave the money to other people known to them like so called mummy, chai wala, stall wala etc. Regarding expenditure of the earnings the respondent children majority money goes on food expenditure (51%) on clothing (20%) , on saving 10 percentage, on movie 15 percentage and others 4 percentage.(table-16 to17)14. Liking or disliking the work The survey reveals that 51.53% like or enjoy their current work. The rest 48.47% did not like or enjoy their present work. (Table-19, 20, 21) Those who enjoyed their work were 35
  • 36. asked to state reasons for liking the work most of them gave the reason that they are able to earn money for himself followed by the reasons that they can help their family 44.06% and 1.05% said they enjoyed liberty and freedom. Similarly amongst those who didn’t like their work the reasons cited were: Don’t like work 57.99% Face Abuse & mistreatment 23.42% Police scold us 3.72% Can’t go to school 10.04% Others 4.83%15. Treatment by employer The respondents were asked how their employer treats them for this question the responses were available only from children working as an employee they were 173 children. 28.91 Percentage of them reported to treat well and 51.44 % said they were treated fairly and 19.65 percentage children were treated poorly by their employers. (table-22).There is a very thin line between fair and poor, sometimes it mixes and child was unable to understand the right situation.16. Sickness during work, Medical care and expenses: In the context of street children health more than half 76.4% of the respondent children reported that they felt sick during their work. The most common type of sickness was fever, headache and water borne disease those who were sick were asked whether they took medical care or no for their illness. About 53.54 percentages of them went to the government hospital services followed by 22.41% to private doctors, 12.03% does not receive care. The sick children were asked whether they could afford the cost of treatment easily or not. 75.94% of them said they could afford the coast (table-23, 24, 25) where 24.06% of the children mentioned said they could not afford the cost.17. Education: Respondent were asked the number of questions with regards to their education, reasons for not going to school and reading and writing abilities. It was found that (90.63%) children never attended any formal school. Among all street children (9.37%) were attending school at the time of interview. The respondent who indicated that they were not attending school were asked to give the reasons for this and the profile of the responses are present in (table29-32).It was seen that more than (34.59%) were not attending their school due to poverty or lack of educational support. Thus presumably means their parents/guardians were unable to support their continued schooling or that the home financial situation was of such a nature that there was no income and this forcing the child to meet his/her basic requirements outside of the home. The respondent were asked as to their reading and writing skills, if the answer was yes for reading then the child was asked to read up the part of questionnaire or sample provided to interviewer as a 36
  • 37. means of verification that child can actually read. Thus, if the child could show its ability to read, then the child was determined as able to read, otherwise categorized unable to read. Like wise the ability to writ was determined through the same process of verification. The outcomes of the two tests are collated in table --. The survey indicated that (83.9%) cannot read against (16.04%) can read. Likewise in writing ability section (84.32%) was unable to write against (15.68%) were able to write shows high correlation understandably exist reading and writing skills. This implies that the overwhelming majority street children had virtually no education.18. Importance of school education & training The respondents were very much willing to go school and acquire training if such opportunity shall provide to them. Among all respondent (85.59%) reported that they give importance to school educations but on asking of question “would they like to go school if you are given an opportunity” then (52.79%) respondents readily agreed that they would definitely go to school. (47.21%) is reported negatively. Regarding training opportunity (45.95%) children replied in affirmative against (54.05%) replied in not so important category.(table-34-36),how ever in focus group discussions, it was deduced that children near railway station areas were not very much interested in formal school education rather they believe in non-formal education system.19. Free Time Based on reported data, most of the children entertain themselves by playing different outdoor and indoor games (65.23%), others entertain by watching TV at railway station (6.38%). Helping parents for domestic works (11.89%), Cinema (9.19%) or Others (6.49%) which include hanging outside, playing cards, sleeping, study etc . Further, (1.08%) were involved in Drugs using like sulation (Whitener). As the children have to work for a long time they can enjoy limited modes of entertainments.(table-37)20. Drugs Use In context of using drugs or similar types of substances (40%) of the street children said that they use drugs or similar type of substances. Pursuing this further, the respondent said that they smoke cigarettes, use sulation (Whitener) as inhaler sometimes wine (Pouch). (60%) replied negatively. The above statistics show the substantial chunk of the street children are using drugs or dependency of drugs which is resulting in an increase of petty theft among them and lead to more criminal and violent activities.(table-38) 37
  • 38. 21. Ever arrested by police The respondent was asked whether they were ever arrested by the police. Almost (96.94%) of the street children replied in negative but confirm physical and verbal abuse by them. (3.06%) answered in affirmative. The following question to these arrested children was the reason of police arrest. The reason mentioned are : No reason, just harassing (47.6%) For pick pocketing (41.18%) Stealing (5.88%) Other reasons (5.8%) include theft and petty offences. On the other hand it was revealed in focus group discussions that railway police officials were very strict and send the boys to observation home after their apprehension to police with or without reason.22. Awareness of NGOs/Institutions Table 42-43 Shows the data about awareness of street children about organization providing assistance to street children. Only (3%) of children (who are working in and around station areas like Antaghat, kamla Nehru, R-block, yarpur etc) were aware of such organizations among those who know about such organization nearly 2% visited the organization (Bal Sakha- Din centre & Raat centre) in terms of reason of visiting that were asked, all of them said they went for food, bathing, clothing, playing indoor games and education. (97.48%) children replied that they do not know any such organizations assisting the children.23. Mobility around the city The street children who changed the locality at least once reported various reasons for moving out from the locality they live and work. About (15.68%) reported moving to a new locality of the search of better work opportunities and conducive environment like avoid police harassment and to live with friends.(table-44)24. Assistance needed from Society/Govt./NGO’s The respondents were asked about the assistance they needed from the society/Govt./NGO’s. The most important assistance they needed are  Food and clothing for self (55.5 %).  Night lodging/ Shelter (36.94 %).  Others. (7.56%). (include security from police officials and medical facility) 38
  • 39. It can be inferred from the above responses that majority of the street children in both gender emphasize on food and clothing. This is the area of the basic needs often individuals and also guaranteed under the Article 21 in the Indian Constitution and also the responsibility of state Govt. under the directive principles of Constitution. (Table-49)25. Facing problems while on the Street The respondents were asked “What kind of problems/risks have you faced while working/Living on the street?” Unfortunately “No response / can’t say” were Recorded in (1.08%) questionnaires on this question. About (40.18%) faced Physical assault (with or without weapon), Verbal abuse, Non-payment and mistreatment on the street by local people. (17.85%) respondent faced the police ire like scolding and beating etc. It is seen from the data profile that it is the society, its people, their mindsets, their attitude are the major factors responsible for the torture and cruelty towards street children . Whether it is a lice or a common man all use them for their own wasted purposes. It is a very sorry state of street children in Patna. (Table-48)26. Marital status and sexual practices About (96.58%) respondents were unmarried, (3.06%) were married, (0.36%) were widowed. When respondent children in the age category of +14 asked about the sexual relationship with other persons, (3.6%) replied in affirmative against (40.36%) answered negatively followed by no response (56.04%).(table-45-46)27. Future Inclination “No responses” were recorded in 338 cases (60.9%) of the sample and these were excluded. Of the total group (10.45%) showed up preference for being a business man. (6.31%) doctors, Teacher (5.59%), others (16.58%) which includes government service, politician, police official, cycle mechanic, actor, driver etc. (table- 50)Comparing different indicators with each other 1. Educational level and income of children: Does education impact the earning capacity in street children? The relationship between educational level and income of street children statistically studied and come to the conclusion that the incomes earned by the children had no relationship with their educational status. Since majority (90.63%) children never attended any formal school; the level of education did not influence the earning capacity of children. Almost all the children learn the practical ways of earning money on the streets along with other street groups and become “smarty” in earning incomes to meet their needs and fulfill the own demands by developing their own strategies of survival. 39
  • 40. 2. Age and income of children:Age was found to be an important factor, influencing earning levels of street children. Older/ senior children (+14), by and large, showed higher capacity to earn money as compared toyounger in age. Older boys become more a part of street life as they advance in age.3. Earning and nutrition: The earning and expenditure statistics revealed that there is a positive correlation between children earning and nutrition; as the majority of the children spend the major portion of their money, more than 50% on their fooding preferably.4. Assistance needed and facing problems on the street: The correlation between the assistance needed and problems facing on the street are completely negative; as the children needed assistance from the society were fooding and clothing first, secondly they prefer night shelter (safe place for night sleeping). The statistics shows that that the problem most faced by the children on the street was physical assault (with or without weapon), verbal abuse, police scolding etc. Here we can say that the basic need requirements were completely different and prioritized with the problems they faced on the street. 40
  • 41. Chapter-3Recommendations and suggestions:This research study on situational analysis of street children at Patna targeted a specific samplesize over a limited time period to identify the important issues, problems and challenges ofstreet children, and list out some recommendations and suggestions in holistic manner toaddress their different issues. During this study it was observed that there is indeed greatvariety in what children doing on the street, how often they are there, the reason for theirpresence, and so forth. Based on this, it is possible to make some conclusions with regard tosample size estimates.We conclude from the present study that more than 50% of the street children left their town /village home on account of to earn more money to supplement the household income which isalso correlated with poverty and hunger in one and another way. They were addicted to drugsor similar type of substance use (40%), and harassed by the police (18%) and face verbal abuse,physical assault on different accounts (40%). The data also shows that majority of the streetchildren belong to that group where household income is low, continued primary education isuncertain, no support from the extended family and become extremely vulnerable. Based onthese observations we recommend some suggestions under different approaches and alsoadvise general recommendations as below:1. Mainstreaming child protection issues into government departments. The main objective of this approach is to facilitate, coordinate and monitor collaboration within government and civil society at all levels in initiatives aimed at promoting and protecting the rights of the child. Following activities will be suggested to include in this method.  To promote the CRC within the broader framework of a human rights culture in government departments including Panchayati Raj Institutions.  To raise awareness on, and sensitize the government officials about child rights  To create space for, and stimulate, public debate around children’s issues and child rights  To inform socio-economic/development policy with a child protection perspective  To identify and mobilizes resources for the implementation of initiatives aimed at promoting and protecting the rights of the child through government departments  To develop, promote and communicate widespread understanding of the situation of children, in particular, the causes undermining their well being as well as actions required in addressing these causes through different government channels. 41
  • 42.  To co-ordinate, monitor, evaluate and report on the implementation of programmes and strategies aimed at achieving goals for children  To provide the necessary framework and guidance for all sectors of the economy to achieve these objectives2. Advocacy, participation and mobilization. To advocate for children means to plead in their best interests and well-being. The betterment of children should be seen as an investment for the future of the country. Political institutions, NGOs and civil society need to mobilize the public at large under the common objective of improving the lives of children. It is an objective that is ethically based. It is therefore imperative for government and NGOs dealing with children’s rights to embark on educational and awareness campaigns in order to facilitate the understanding of the phrase, the implementation thereof, and ignite public participation through which the perceptions that exist can either be rectified or intensified. To meet this goal, we must mobilize the public and advocate for the rights of children. Advocacy, participation and mobilization is closely related to communication and information. This means, firstly, that print, radio and television must be utilized to increase public awareness. Workshops and seminars must be set up to educate all sectors and professions. Secondly, policy makers must be lobbied to take children’s issues into consideration when drawing up policies and drafting legislation. This will result in greater societal consciousness of children’s rights. Thirdly, children themselves must be mobilized. This means encouraging them to learn and know their rights, so that they can advocate for the protection and promotion of their well-being.3. Research, Policy Review, Reporting and Evaluation In order to have a better understanding of children’s rights and the national status of children, an evaluation of the rights of the child and an impact assessment of interventions, easy access to child-related information, and informed policy-making for children, a comprehensive strategy is required. There is a need to assess and comment constructively on government policy initiatives that seek to affect the betterment and development of children in all sectors. Furthermore, the office on child rights will facilitate the undertaking of child-focused research. This will provide various levels of scope on child rights. In order to respond to the cross-cutting 42
  • 43. nature of children’s issues research strategies must be integrated. Children and their issues must be thought of holistically, and within a developmental context.General recommendations1. Initially the focus should be given to initiate a social mobilization program in the place of origin by the government level and various NGOs to stop this flow of migration [street children].2. Those children, who are already living in the urban areas as street children, should be provided with rehabilitation assistance by government and NGOs. This could include primarily need of basic existence by providing food, clothing, shelter, hygiene and medical insurance services.3. As this population is very vulnerable and mobile in nature counseling services provision for their psychological well being need to be designed and provided.4. Large number of children were involved with substance use and other illegal activities, there is great possibility of harm they acquired by abovementioned actions. As such there is an immediate need of such programs which encourage street children and adolescent group to visit drop-in centers where they can receive social support, emotional support in not only emergency or crisis situation but also a helping guide for accessing legal and financial help from government and NGOs.5. An assessment of the job - related Training needs should be conducted by the government and NGOs on short and long term basis for this marginalized section to become good citizen of our country.6. Effective implementation of all legislations and UNCRC concerning with child rights and its protection in letters and spirit.7. Assessment studies should be done in regular intervals to ascertain the current situation and trends of these vulnerable children in developing the holistic approach for protection of street children. 43
  • 44. Recommendations for NGOs 1) Reaching street/ working children where they are and do the work for their betterment on their urgent need basis. 2) Set up schools in their areas with flexible hours with no costs. 3) Prepare curriculum which is child friendly and helps in teaching life skills to these children. 4) Run awareness programs for them on Health care issues on regular interval. 5) Discuss with their parents / guardians and counsel them for their child development on regular basis and assist them in crisis situation.In addition to the above recommendations made on the basis of situation analysis, the otherissues need immediate attention which come out from the group discussions with streetchildren and that should also be taken care of are: 1. We need love, affection and respect from our family. (sonu)* 2. There should be no harassment from police officials at railway stations.(all the children) 3. We want to study in school where we should not face discrimination on the basis of poor and rich also on class performance.(shivam)* 4. We should be helped by our family to fulfill our basic needs of education, fooding , clothing and our small wants like cycle, batball, carom board etc(sonu, shivam, amit, arjun mishra, golu)* 5. We all want to go school (in peaceful place –far from railway station)where we can study without facing any kind of untoward behavior and discrimination on the basis of poor and rich (all the children) 6. There should be no violence in the home. (vijay)* 7. We also need to learn some skills like driving (kamal,golu)* 8. We also need some kind of discipline and freedom with restriction. 9. We need good and clean home for the street children.* 44
  • 45. Doubtlessly, these issues are significant but the most important one is the love, affection andrespect, which the children required most from their parents/ guardians/state in their earlyformative years accordingly. It is therefore necessary, that government and voluntaryorganizations establish appropriate linkages among all welfare based programs for theprotection of children from all the atrocities of life, because they are the supreme assets of anynation in making tomorrow.*Note: all the above names mentioned are changed. 45
  • 46. References:1. Elena volpi – 2002, street children: Promising Practices and Approaches, The world bank.2. Consortium of street children.3. United Nation Development Program, cited in human rights watch, “police abuse and killings of street children in India”, 1996.4. I. sure, “A research about street children and the possibilities for setting up children’s union and defense their rights; 2000.5. Asian Centre for Human rights, Report 2003.6. www.bihar.nic.in7. UNICEF, United Nation Convention on the rights of the child, (New Delhi, UNICEF 1989).8. Juvenile Justice system & Rights of child 2003.9. P.M Bakshi, constitution of India, Universal Law Publication Private Limited 2009.10. http//www.ilo.org/public/English/standards/ipes/themes/domestic/index.htmGeneral Readings:- 1. Juvenile Justice Act with amendments (2006). 2. Times of India 26th March. 3. Rights of the child, International commission of justice, Geneva, 1993. 4. Juvenile Justice System, Legal assistance forum, UNICEF, Universal Law Publishing Co., New Delhi 2010. 5. Adolescence an age of opportunity, the state of the world children report 2011, UNICEF, 2011. 6. Census report, 2011. 46
  • 47. Annexure-II BAL SAKHA Vicky Hotel, Jamal Road, Patna – 800001, Bihar Ph No - 0612 – 2270043, 0612- 3293953 Email: balsakha@yahoo.com Questionnaire for situational analysis of Children on street at Patna. (To be asked to children (5-18 years of age).Greetings! We are from BAL SAKHA, PATNA, BIHAR, and my name is ————————.I am working as an interviewer for the study on street children. We have some question to ask, it willtake approximately 30 minutes. The information we gather will be treated as confidential and will beused for research purposes. We thank you for all the help and cooperation in advance.1) Location/Address where street child is identified--------------------------------- 1. On the street 2. In a shelter 3. Under a bridge 4. At a temple/Mosque 5. Market 6. Parks 7. Railway station 8. Bus stands 9. Abandoned House 10. Others (specify)1.1) Name of street child……………………………………………………..1.2) Age………………… 1) 5-7 2) 8-10 3) 11-14 4) 15-181.3) Sex………………….1) Male 2) Female1.4) Is the child orphan? If ans yes, move to Q 1.6 1)Yes 2) No1.5) Where are your Parents? 1. Parents living in home town/Village. 2. Parents live with me on street. 3. living with my mother 4. living with my father 5. Others (Specify)1.6) Where do you live and sleep these days? 1.On the street 2. In a shelter 47
  • 48. 3. Under a bridge 4. At a temple/Mosque 5. Market 6. Parks 7. Railway station 8. Bus stands 9. Abandoned House 10. Others (specify)1.7) Do your parents know that you live here? Don’t ask this Q from orphan. 1) Yes 2) No.1.8) Where is your Original home? Don’t know (Please note down the address) ………………………………… ………………………………… ………………………………...2.1) Why did you leave your town/Village. 1. Poverty/Hunger 2. Domestic abuse of step-father/ mother 3. Ran away 4. Parents sent me for work. 5. Parents sold me 6. Come to earn money. 7. No one to look after me. 8. Don’t want to go school. 9. Others. (Specify)2.2) Did you inform your parents that you live here? 1) Yes 2) No.2.3) How long have you been in this city? Days Months Years2.4) Is there any local guardian/bhaiya of you in this city? 1) Yes 2) NoIf Yes, Please name……………………………………2.5) When was the last time you visited your parents ? (Don’t asked this question from orphans) 1. I don’t visit them. 2. Last Month 3. 3 months ago 4. 6 months ago 5. One year 6. More than one year 7. Daily Visit/Parents live with me 8. Others. (Specify)2.6) If answer is 1 then go to the next Questions. 48
  • 49. Why hadn’t you visited them? 1. No desire/affection 2. They don’t like me 3. Others. (Specify)3.1) What type of work are you mostly engaged in? 1. Coolie 2. Collect things from garbage 3. Sex Worker 4. Sell drugs 5. Begging 6. Brooming in train/Road 7. Work in small/big shop. 8. Selling water bottle 9. Any work available. 10. Boot Polish 11. Others. (Specify)3.2) How did you find the work? 1. I find work myself. 2. Ask other people to find work. 3. Through Friends. 4. Through Relatives 5. Others.(Specify)3.3) How many hours/days on average do you work on the street?3.4) How many days /weeks on average do you work on the street in a month?3.5) How much did you earn in last 15 days in Rs.----------------3.6) How much of your earnings do you keep? 1. I keep all of it. 2. I keep some of it. 3. Others. (Specify)3.7) How much do you spend on each of these with the part of your income in % (percentage)? a) Food b) Clothing c) Savings d) Movie e) Rent f) Others. (Specify)3.8) At what age did you start working as a street child? 1) Less than 5 yrs. 2) Between 5-8 yrs. 3) Between 8-12 yrs. 4) Between 12-15 yrs. 5) Between 15-18 yrs. 6) Don’t remember 49
  • 50. 3.9) Do you enjoy working? 1) Yes 2) No3.10) If yes, give reasons 1. Can help family 2. Earn money for himself 3. Liberty of enjoying life 4. Others. (Specify)3.11) If no, give reasons 1. Work is bad/don’t like 2. Can’t go to school 3. Police scold us 4. Face abuse 5.Society mistreat us, and view us as deviants. 6. Others (specify)3.12) How do you think your employer treats you? 1. Poorly 2. Fairly 3. Well (Give Reasons)……………………………….3.13) Do you work on your own? 1) Yes 2) No, I work with street children 3) I work with parents.4.1) have you ever been sick during the work? 1) Yes 2) No4.2) If Yes, where you usually go to receive medical care? 1. Doctor 2. Friends 3. Govt. Hospital 4. NGOs / Child Institutions 5. Doesn’t receive care 6. Others. (Specify).4.3) Could you afford the expense? 1)Yes 2) No4.4) If no, then how do you manage?……………………………………………………………………………………………………………………………………………………………………………………5.1) With whom do you sleep with at night? 50
  • 51. 1. Other street children 2. No one, I sleep on my own 3. With other people who are adult (please specify) 4. shelter home 5. Parents 6. others (specify)5.2) Do you sleep at the same place every night? 1) Yes 2) No5.3) If no, where else do you sleep? 1. On the street 2. In a shelter 3. Under a bridge 4. At a temple/mosque 5. Market 6. Parks 7. Railway station 8. Bus stands 9. Abandoned House 10. Others. (Specify)6.1) Are you currently attending school? 1) Yes 2) No If Yes, what is his/her grade. If No, Which was his/her last completed grade.6.2) Provide reasons for not going to schools.………………………………………………………………………………………………6.3) Can you read? 1) Yes 2) NoPlease Verify...................................................................................................................................................................…………………………………………………………………………………………………………………………...6.4) Can you write? 1) yes 2) NoPlease Verify……………………………………………………7.1) What is your religion? 1. Hindu 2. Islam 3. Christian 4. Others (specify)7.2) How do you rate the importance of school/Education? 51
  • 52. 1. Important 2. Not so important7.3) If you are given an opportunity would you go to school? 1) Yes 2) No7.4) If you are given an opportunity would you go to some skill training? 1) Yes------------------- 2) No7.5) How do you spend your free time? 1. Play 2. Watch TV 3. Help parents for domestic work 4. Drug peddling 5. Cinema 6. Others (specify)7.6) Do you smoke / take drugs? 1) Yes 2) No7.7) If yes, name it. 1) Cigarette 2) Charas 3) Ganja 4) Solution 5) Others (specify)7.8) Have you ever been arrested by the police? 1) Yes 2) No7.9) If Yes, Why? 1. For Stealing 2. There are no reasons , they are harassing me 3. pick-pocketing 4. Others (please specify)7.10) Are you aware of some NGOs/Institutions/ individuals which provide assistance to street children? 1) Yes 2) No7.11) If yes, can you name some of them? 1) ………………………… 2) ………………………… 3) …………………………8) Do you move around the city? 1) Yes 2) No 52
  • 53. 8.1) If Yes, How many places here you moved as in the city?8.2) How do you decide which new part of the city to move to? 1) …………………………………… 2) …………………………………… 3) ……………………………………8.3) Martial Status a) Married b) Single c) Widowed d) Separated e) Others8.4) Do you have any sexual relationship with other persons? (Ask this Q to 14+ child otherwise move to Q.9) 1) Yes 2) No8.5) If yes, How often? 1. Daily 2. More than once in a week 3. Once in week 4. Once in month 5. Few times / month 6. Don’t Know9) what kind of problem/ risks have you faced while working/ living in the street? 1. ------------------ 2------------------- 3.----------------- 4-----------------9.1) what kind of assistance you needed from society/ Government/NGO (if applicable tick more than one) 1. Food and clothing for self 2. night lodging/ shelter 3. other (specify)10) Future Inclination 1. To become Businessman/Women 2. To become Teacher 3. To become Doctor 4. To become Lawyer 5. Others (Specify) 6. Don’t KnowResearcher’s Assessment:Q1. How would you characterize the realtionship between the child and his/her family? ---------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------Q2. How would you described the general state of the child? excellent good regular bad Mental Health: 1 2 3 4 53
  • 54. Physical health 1 2 3 4 Nutritional condition 1 2 3 4Date ................................ Name of Investigator 54