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CHILD PROTECTION: ISSUES &
CONCERNS
MODULE 03
In the module 1 and 2 of the course we came to know about
definition of child, their rights and understand the stages of child
development. In this module, we will be learned the meaning and
definition of child protection. Also we will discuss various issues &
concerns related to child protection.
At the end of this course student will be able to:
โ€ข explain the notion of vulnerability in the context of child
protection.
โ€ข understand the concept of Child Protection.
โ€ข Know the status of children in context of global as well as Indian.
โ€ข recognized the issues and concern related to children in India and
โ€ข describe the causes and consequences relating to childrenโ€™s issues.
LEARNING OBJECTIVES
INTRODUCTION
Every child has the right to be protected from all forms of
violence, abuse, exploitation. But it has been observed
through media and personal experiences that many
children are mostly exploited and abuse by the adults
specially the person who known to the child. Sometime
circumstances and situations are also not favourable for
children which leads to vulnerable condition. Many
children do not have a home to stay, safe drinking water,
adequate nutritious food, proper education etc. which
leads to their development. Protection of children not only
included exploitation and abuse, rather creating protective
environment by individual, community and government
where the child can enjoy their childhood with dignity. The
concept of child protection became popular after the
UNCRC 1989. It assumed that the concept of
protection of children emerged after the second war
world. There are numbers of child victims found after
the war as a need for care and protection.
This photos/illustrations is just for
indicative purpose only
Child protection dose not have a universal definition. Several international
organisations have been define the definition of Child Protection as their own way.
Following are some of definition.
DEFINITIONS:
โ€ข According to UNICEF, Child Protection refer to preventing and responding to violence,
exploitation and abuse against children. It includes commercial sexual exploitation,
trafficking, child labour and harmful traditional practices such as child marriage etc. It
aims to protect children from all kinds of harm as all children have the right to be
protected from harm.
โ€ข All signatory States on declaration of child rights as parties shall take all appropriate
legislative, administrative, social and educational measures to protect the child from all
forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child. (CRC, article 19.1)
Child Protection means establishing a social system via a set of laws, policies, programmes,
approaches and norms that uphold justice and ensure a protective environment for children
where they can enjoy their childhood with dignity.
WHAT IS CHILD PROTECTION?
โ€ข Neglect by caretakers
โ€ข Physical, emotional and
sexual violence and abuse
โ€ข Bullying
โ€ข Sexual exploitation
โ€ข Female genital
mutilation/cutting
โ€ข Child marriage
โ€ข Child labour
โ€ข Trafficking
โ€ข Armed violence
โ€ข Recruitment of children in
armed forces of group etc.
WE PROTECTING CHILDREN FROM:
โ€ข India ranks 113 position in total 176 countries on an index that
evaluates countries on the wellbeing of children.
Source: Global Childhood Index Report 2018 released by Save the Children, a
non-profit global group that works for child rights.
โ€ข Worldwide 218 million children between 5 and 17 years are in
employment. Among them, 152 million are victims of child labour;
almost half of them, 73 million, work in hazardous child labour.
Source: Global Estimates of Child Labour: Results and trends, 2012-2016 ,
Geneva, September 2017.
โ€ข At the end of 2018 over 17 million children were internally displaced by
conflict or violence, and millions more by disasters or other causes.
Sources: Global Report on Internal Displacement 2019 by Internal
Displacement Monitoring Center (IDMC) and UNICEF.
CHILD PROTECTION STATUS: GLOBAL
โ€ข Worldwide 20.5 million low birthweight babies born in 2015, where
more than half of the total number were born in Asian Continent.
Source: โ€œNational, regional, and worldwide estimates of low birthweight in
2015, with trends from 2000 by World Health Organization (WHO) and
UNICEF in 2019.
โ€ข The most current data from UNICEF (2018) shows that about 21
percent of young women worldwide (aged 20 to 24) were married as
children; this is a 25 percent decrease from 10 years ago.
Source: UNICEF
โ€ข Globally in 2014, 1 billion children aged 2-17 years experienced
physical, sexual, emotional or multiple types of violence.
Source: WHO, Media Centre Fact Sheet. Violence Against Children,
February 2018.
Cont..
โ€ข India, with a population of 121.1 Cr, has 16.45 Cr children in the age group
0-6 years and 37.24 Cr in the age group 0-14 years which constitute 13.59%
and 30.76% of the total population respectively.
โ€ข 48% of the child population in the age group 0-14 years is female.
โ€ข 74% of the children (0-6 years) live in rural areas where as the rural
population constitute 69% of the total population of India.
โ€ข At all India level, the sex ratio in the age groups 0-6 years and 0-14 years
are 918 and 916 respectively.
โ€ข Total child population in India in the age group (5-14) years is 259.6 million.
Out of that 10.1 million (3.9% of total child population) children are
working, either as 'main worker' or as 'marginal workerโ€™.
โ€ข 33.8 million child marriages were reported for girls aged less than 18 and
boys below 21 years.
โ€ข 12 million adolescent girls have experienced physical violence since age 15.
Source: Census 2011
PROFILE OF CHILDREN IN INDIA
Health Status of Children Indian
โ€ข 19.8 million children below age 6 in India are undernourished. Source:
Integrated Child Protection Schemes 2015
โ€ข Only 9.6% of children between 6-23 months in the country receive an
adequate diet. Source: NFHS-4 2015-16
โ€ข Infant Mortality Rate (IMR)at all India level is 34 to 1000 live births. Source:
Sample Registration System (SRS) โ€“ 2016
โ€ข There has been substantial reduction in the IMR at all India level from 46 in
2011 to 34 in 2016. Source: Sample Registration System (SRS) โ€“ 2016
โ€ข All India level, 38% of children under age five years are stunted (too short
height for their age) which is an improvement from 48% in 2005-06.
Source: NFHS-4 (2015-16)
โ€ข 18% of infants had a low birth weight of less than 2.5 kg. Source: NFHS-4
(2015-16)
โ€ข At all India level, 28% of children had mild anaemia, 29% had moderate
anaemia, and 2% had severe anaemia in 2015-16. Source:NFHS-4 (2015-16)
Cont..
Education Status of Children Indian
โ€ข In 4 children of school-going age is out of school in our country โ€“ 99
million children in total have dropped out of school. Source: Census
2011
โ€ข Out of every 100 children, only 32 children finish their school education
age-appropriately. Source: District Information System for Education
(DISE) 2014-15)
โ€ข Only 2% of the schools offer complete school education from Class 1 to
Class 12 (District Information System for Education (DISE) 2014-15)
โ€ข Literacy rate among children (7-18 years) stands at 88.3% and the
gender gap observed for this age group is 3% in 2011. Census 2011
โ€ข The highest literacy rate among the age group 7-19 years is in Kerala
(97.9%) and the lowest in Arunachal Pradesh (78.8%). Census 2011
Cont..
Status of Crime Against Children:
โ€ข Crime against children in India has increased by a sharp 11 percent between
2015 and 2016. Source: National Crime Record Bureau (NCRB) 2016.
โ€ข Kidnapping and Abduction of children are the highest registered category of
crime against children in 2016. Source: NCRB 2016
โ€ข 34.4% of total crime against children in 2016 are under Protection of
Children from Sexual Offences Act, 2012 (POCSO) Source: NCRB 2016
โ€ข 35,849 cases of juveniles in conflict with the law have been registered in the
year 2016, showing an increase of 7.2 per cent over the 33,433 cases of
2015. Source: NCRB 2016
โ€ข A total of 1,11,569 children below 18 years of age comprising 41,175 boys
and 70,394 girls were reported missing by the year 2016. Source: NCRB
2016
Cont..
CHILD PROTECTION ISSUES
It is the responsibility of family, community and state to ensure a safe and secure
environment to children for their holistic development, as it enables them to become
active participants in their own development and the development of the nation. But
unfortunately, it is common to seen children in vulnerable and distress condition due
to several reasons. The issues of Child Protection can be divided into three broad
categories for easy understanding. Following are some of child protection issues:
Children In Conflict with
Law
Crime Against Children Children in Vulnerable
Situations
Child in conflict with law means a
child who is alleged or found to
have come into contact with the
justice system as a result of being
suspected or accused of
committing an offence and has
not completed eighteen years of
age as on the date of commission
of such offence
crimes against children means an
offence committed on a victim
under the age of 18 years is
considered as crime against
children. This crime include
physical and emotional abuse;
neglect; and exploitation, such as
through child pornography or sex
trafficking of minors, child labour,
child marriage, child trafficking
etc.
Children in vulnerable situation
means risk to abuse, exploitation
and violence. Such as street
children, abandoned and orphan
children, nomadic children, child
beggar, migrant children, CNCP
and CiCL etc.
Child in conflict with law means a child who is alleged or found to have come into contact
with the justice system as a result of being suspected or accused of committing an
offence and has not completed eighteen years of age as on the date of commission of
such offence.
1. CHILD IN CONFLICT WITH LAW (CICL)?
This photo/
illustration is just for
indicative purpose
only
We all know that offences are many in terms of their nature but it is divided in to three
borders types in the law. As Juvenile Justice (care and Protection) Act deal with the child
in conflict with law, thus the act define the following major categories of offence.
โ€ขHeinous offences committed by children in conflict with law includes the
offences for which the minimum punishment under the Indian Penal Code or
any other law for the time being in force is imprisonment for seven years or
more.
Heinous
offences
โ€ขSerious offences include the offences for which the punishment under the
Indian Penal Code or any other law for the time being in force is
imprisonment between three to seven years.
Serious
offences
โ€ขPetty offences include the offences for which the maximum punishment
under the Indian Penal Code or any other law for the time being in force is
imprisonment up to three years.
Petty
offences
TYPES OF OFFENCE COMMITTED BY CICL
According to National Crime Record Bureau
(NCRB), 35,849 cases of Children in conflict with
law were reported in India in the year 2016. It
shows increase of 7.2% in 2016 over 2015.
However, a majority of these cases are petty
crimes and are preventable by providing proper
guidance and counselling to children and
economic strengthening of their families. An
analysis of children who were in conflict with
law shows that majority of them belonged to
economically weaker section. Around 12.3 per
cent of them were illiterate while another 32.8
percent were educated up to primary level and
45.3 percent were above primary but below
matric/Hr.Sec. (Crime in India 2016:
Compendium ; NCRB)
FACT AND FIGURES OF CICL
This photo/illustration is just for indicative
purpose only
Children are innocent by nature. Studies show that due to multiple factors children comes
under the categories of children in conflict with law. Following are some of causes/factor of
children in conflict with law.
Individual Factors: There are individual factors like lack of self control, fear, feeling of
insecurity, aggression, submissiveness, impulsiveness and emotional conflicts and peer
pressure push children for such behavioral changes.
Family Factors: As we all consider that family is the best place for children to nurture and
develop. There are situational factors in families which sometime forced a juvenile to be
delinquent. Research says broken family, lack of parental love and affection, poverty,
political inclination of family, conservative thinking, family outrage against any belief,
negative influence of audio and visual materials, adolescent instability, lack of recreation,
negative environment, low-socio economic, poor parental violence, availability of weapons,
parental substance use, peer pressure, parental antisocial behavior, low educational
attainment, drug or alcohol use by children, poor monitoring of children in school and
criminal behavior of siblings are the causes for juvenile delinquency. According to the
National Crime record Bureau 86% of the juvenile delinquent reported in 2016 are living
with family.
CAUSES FOR CICL
Cont..
Community Factors: As we know that social life of a child begins from his/her family and
community that influence the life of a child. The factors of the community which
produce juvenile delinquency are revenge factor, poor literacy, influencing peer groups
and adult, blind believes, community conflict, unlawful practice, fears etc.
System factors: Some social work professionals argue that due to lack of systems in
place and their effective functioning the numbers of juvenile delinquency are raised.
Additionally due to lack of resources, the system is struggling to promote a child friendly
environment and approaches that may impact the post life of juvenile offenders.
E.g The formal contact of a child with police mostly as victim or contact with law. This
contact is not always positive due to lack of sensitization to handle them. Children often
found it hard to open up about the attack because they feared the perpetrator or not
being believed by anyone. In this circumstance, the neglect behavior or intervention of
police may lead to them being further victimized. It is also considered that the
interactions between police and juvenile are often considered by disagreement and
stress, with high levels of irritation, fear and mistrust on both positions.
CONSEQUENCES OF CICL
Research says that Children in conflict with law suffer from psychiatric illness.
Children suffer from following psychological problems like:
โ€ข Depression,
โ€ข Lack of personal attention,
โ€ข Emotional deprivation,
โ€ข Separation anxiety, and lack of bonding,
โ€ข Changes in normal behaviors
โ€ข Lack of creativity,
โ€ข Low self-esteem,
โ€ข Interpersonal relationship problems,
โ€ข Concentration and poor study habits,
โ€ข Difficulty in main streaming and adjustment in society.
โ€ข Phobia, suicidal tendencies
โ€ข Use of Substance
๏‚ง As soon as a CICL is apprehended by police,
he/she shall be placed under the charge of
the special juvenile police unit (SJPU) or
the designated police officer who shall
immediately report the matter to a
member of the Juvenile Justice Board (JJB)
within 24 hrs.
๏‚ง No CICL is to be kept in a police station,
police lock-up or any prison
๏‚ง Inquiry by the JJB shall be completed
within 4 months from the date of its
commencement.
๏‚ง After due inquiry JJB can pass direction to
handover the CICL to his/her parents after
counseling, Community Service, bail to
CICL if required, released on probation,
place in observation home or special home
or fit institution etc.
CICL
POLICE
(Child Welfare Police Officer)
JJB
(Juvenile Justice Board)
โ€ข Handover to
Parents/guardian
after counseling
โ€ข Release on Bail
โ€ข Placed in โ€˜Fit
Personโ€™
Inquiry
โ€ข Observation Home
โ€ข Special Home
โ€ข Fit Institution
โ€ข Community
Services
PROCEDURES TO DEAL WITH CICL
(As per Juvenile Justice (Care and Protection) Act 2015)
CRIME AGAINST CHILDREN
It has been observed that crimes against children under IPC and Special and Local Laws
(SLL) increased across India โ€“ from 1,06,958 in 2016 to 1,29,032 in 2017. The overcall rate
of crime against children in India in 2017 was 28.9 per one lakh children, as compared to
24 in 2016.
Categories of Crime Against Children:
โ€ข Crime against children under Indian Penal Code (Murder, Rape, Abduction &
Kidnapping, stalking, buying and selling minors, Exposure and Abandonment, insult
etc.)
โ€ข Crime against children under Special and Local laws
I. Prohibition of Child Marriage Act, 2006
II. Transplantation of Human Organs Act 1994*(for persons below 18 years of
age)
III. Child and Adolescent Labour (Prohibition & Regulation) Act, 1986
IV. Immoral Traffic (Prevention) Act, 1956
V. Juvenile Justice (Care & Protection of Children) Act, 2015
VI. Protection of Children from Sexual Offences Act, 2012 and others
The reasons for violation of child rights are different in nature but some of the causes
are unique like poverty, illiteracy etc:
Working Children: According to Census of India 2011, 10.1 million children are
economically active between 5 to 14 years of age in India. UNICEF report says that some
of the factors forcing children to begin/ get involved in labour from very early age in
India are; poverty and illiteracy of a childโ€™s parents, the familyโ€™s social and economic
circumstances, a lack of awareness about the harmful effects of child labour, lack of
access to basic and meaningful quality education and skills training, high rates of adult
unemployment and under-employment, the cultural values of the family and
surrounding society. Often children are also bonded to labour due to a family
indebtedness. Out of school children or those children at risk of dropping out can easily
be drawn into work and a more vulnerable to exploitation. Girls, especially those from
socially disadvantaged groups, tend to be at a higher risk of being forced into work.
Consequences: Children who are involved in work do fail to get necessary education.
They do not get the opportunity to develop physically, intellectually, emotionally and
psychologically.
CAUSES AND CONSEQUENCES OF SOME IMPORTANT
CHILDRENโ€™S ISSUES
Child Trafficking: Human trafficking is considered to be the third largest organized crime
globally. Trafficking of children and women is a serious concern prevalent in India.
According to the statistics of the Ministry of Women and Child Development Govt. of
India, 19,223 women and children were trafficked in 2016 against 15,448 in 2015. India
is the source, destination and transit country for human trafficking who then get
involved in forced labor and sex trafficking. Women and children from the lower caste,
minority and tribal communities are generally lured of a better lifestyle and
employment opportunity and sold by the agents.
Poverty, uneven employment, gender discrimination, harmful traditional and cultural
practices and lack of proper policy implementation to end this grave condition are some
of the causes of human trafficking in India.
Consequences: In many cases, trafficked children and women are at risk of all manner
of ills, from unwanted pregnancy, HIV/Aids, cervical cancer, severe physical injury,
violence, drug abuse and more, not to mention the emotional trauma and long-run
psychological impact.
Cont..
Child Sexual Abuse: Child sexual abuse is one of the most concern issue of children
that unfortunately we heard almost everyday. The World Health Organization
(WHO) defines Child Sexual Abuse (CSA) as โ€œthe involvement of a child in sexual
activity that he or she does not fully understand or for which the child is not
developmentally prepared and cannot give consent, or that violates the laws or
social norms of society. Sexual exploitation is not rape alone. There can be many
forms of sexual exploitation like clicking indecent photographs of children, making
children watch pornographic content, physically teasing them, etc.
There are According to a 2007 study conducted As per survey conducted by Ministry
of women and child development Govt. of India, 53% of children surveyed said they
had been subjected to some form of sexual abuse. Also, 88% of people sexually
exploiting children are known to the children or are people whom the children
trust. There have been many instances where the father himself, cousin brothers,
uncle or neighbors have sexually exploited children.
Cont..
The Protection of Children from Sexual Offence (POCSO) Act 2012 of India define different forms of
sexual abuse, including penetrative and non-penetrative sexual assault as well as sexual harassment
and pornography. Following are the details:
1. Penetrative Sexual Assault An act with sexual intent which involves physical contact with penetration.
2. Aggravated Penetrative
Sexual Assault
An act of penetrative sexual assault committed by any public servant,
management or staff of an Educational Institution or a person in a position
of trust or authority such as police/army/security personnel, public
servants or family members.
3. Sexual Assault
Harassment
An act with sexual intent which involves physical contact but without
penetration.
4. Aggravated Sexual Assault An act of sexual assault committed by any public servant, management or
staff of an Educational Institution or a person in a position of trust or
authority such as police/army/security personnel, public servants or family
members
5. Sexual Harassment An act with sexual intent which does not involve physical contact but
makes oral gesture and bodily/ object exhibition (Section-11)
6. Using Child for
Pornographic
purpose
Any form of media or internet or any other electronic or printed form for
the purpose o sexual gratification (Section-13)
Cont..
Causes: It has been identified that multiple factors that make children vulnerable
to sexual abuse such as
โ€ข Ignorance about offences amongst children;
โ€ข Parents who are consuming daily alcohol and drugs substances;
โ€ข Easily accessible of pornographic contents in intermate;
โ€ข Lonely children;
โ€ข Children in foster care, adopted children, stepchildren;
โ€ข Physically or mentally handicapped children;
โ€ข History of past abuse;
โ€ข Poverty;
โ€ข War/armed conflict; etc.
Consequences: Child sexual abuse can result in both short-term and long-term
harm, including psychological trauma and physical injury. Indicators and effects
include depressions, anxiety, eating disorder, loos-self confidence, sleep
disturbances, dissociative attack etc.
Cont..
Child Marriage: The issues of child marriage is one of the concerned social issues
pertaining to violation of child rights. It is a unhealthy social practice mostly happened
in rural areas, where a girl below 18 years and a boy below 21 years of age get married.
According to 2011 nationwide census of India, the average age of marriage for women
in India is 21.2% in the age group 15-19. The Prohibition of Child Marriage Act, 2006
states that child marriage is a marriage where either the female is below age 18 or the
male is below age 21.
Child marriages often occur due to several reasons like poverty, social insecurity, lack of
education, gender inequalities, inadequate implementation of the law.
Consequences: It impacts on physical, mental and emotional development of a child.
Child marriage resulted to early pregnancy which can lead to complications at the time
of birth, low birth-weight babies, both triggering maternal and infant mortality rate.
Experts say, childbirth before the mother is of the age of 14 can lead to obstetric fistula
and other health problems. It is also affects to society as child marriage reinforces
issues like illiteracy, malnutrition, high infant and maternal mortality rates.
Cont..
There are several issues pertaining to child rights worldwide which can be
categorised as per their major rights defined by UNCRC. Following are the issues
related to Major rights:
Survival issues: Child health has been high on the international agenda. According
to the UNICEF report in India about 2.1 million child deaths occur every year It is
the highest number within a single country. There has been a substantial decrease
in child mortality in the past two decades in India also.
Causes: The causes of death of children under 5 year age are poverty, social norms
and social cultural factors affect accessibility of health care and nutrition, water and
sanitation, lack of awareness on maternal health, motherโ€™s age, lack of enough
skilled personnel and specialists in child healthcare etc.
Consequences: Itโ€™s lead to death of the child.
Cont..
Health issues: Children in India suffer from various health problems during their
early childhood and even before birth leading to short ended and unhealthy lives.
Here the law is not adequate to protect the health of children across India.
Diarrhoea and malnutrition are two of Indiaโ€™s biggest killers of children under the
age of 5. Along with poor access to nutritious foods, both these issues are linked to
poor hygiene, as infections trigger mineral depletion and loss of appetite.
Causes: The causes of health issues amongst children are poor access to nutritious
foods, hygiene and sanitation, Lack of awareness on children health, poverty,
traditional and cultural practices such as it has been observed that some members
family and community denied for first breast feeding after the baby birth. But as per
medical research it is found that the first milk of the mother after strengthen the
immune system of the child. It is full of nutrition value too.
Consequences: The poor health condition of a child impact on childโ€™s development
which affect the future life of the child also.
Cont..
Out of School: Despite numbers of policies, schemes and services available in India
for formal educational development of children, it has been observed that a large
numbers of children are out of school. Some of never been to school and many
children found drop out from school due to several reasons. According to the report
of the National Sample Survey Office (NSSO) in 2014, 32 million Indian children of age
up to 13 years have never attended any school, the majority of them belonging to the
socially disadvantaged class. However, girl child education requires more attention
because gender discrimination among boys and girls in terms of education mostly in
rural areas found rampantly.
Causes: There are several causes found in studies in this regard such as extreme
poverty, available of school services near by community, gender discrimination,
quality education, lack of awareness amongst parents, lack of trained teachers etc.
Consequences: Education is the most important factor which plays a great role in the
development of an individual as well as a country. Lack of formal education impact
the development of a child. It has been observed that out of school children mostly
engaged as child labour in various places.
Cont..
CHILDREN IN NEED OF CARE AND PROTECTION (CNCP)
(As per Juvenile Justice (Care and Protection) Act 2015)
Children need care and protection because they are not enough mature to take care
of them or less exposer of experiences to take any concrete decision. Juvenile
Justice (care and Protection of Children) Act 2015 define some special categories of
children who need care and protection. Child in Need of Care and Protection means
a child who,
โ€ข Is found without any home or settled place.
โ€ข Is without any ostensible means of subsistence, who is found begging, or
who is either a street child or a working child.
โ€ข Has been threatened, abused or neglected or, is likely to face threat to be
killed, injured, abused or neglected by a person who has the charge of or
control over the child.
โ€ข Lives with a person who has killed, abused or neglected some other child or
children.
โ€ข Is Mentally Challenged (Mentally Retarded), physically challenged.
(Handicapped), ill children and children suffering from terminal diseases or
incurable diseases that have no one to support and look after.
โ€ข Has a parent or guardian who is unfit or
incapacitated to exercise control over the
child.
โ€ข Is an orphan or has no one willing to take
care of him/her (abandoned or
surrendered).
โ€ข Is missing or run-away child and whose
parent cannot be traced after reasonable
inquiry.
โ€ข Is abused, tortured or exploited for the
purpose of sexual abuse or illegal act.
โ€ข Is vulnerable and likely to be induced into
drug abuse or trafficking. Has been or is
likely to be abused for unconscionable
gains.
โ€ข Is victim of any armed conflict, civil
disturbance or natural calamity.
โ€ข Conflict or contact with law
Cont..
Police (For Legal
Process),
๏‚ง Rehabilitation
๏‚ง Education
๏‚ง Vocational Training
๏‚ง Physical/Mental Development
๏‚ง Nutrition
๏‚ง Medicare
Fit PersonParents/Guardian
Children Home/Fit
Institution
( for Shelter)
NGO run Child Care
Institution
Crime Against Children and Children in Need of Care and Protection
Description
in next slide.
PROCEDURES TO
DEAL WITH CRIME
AGAINST
CHILDREN AND
CHILDREN IN
NEED OF CARE
AND PROTECTION
Child Welfare Committee
(CWC) (For Care, Protection and
Rehabilitation)
Courts
๏‚ง Any individual or a child himself/herself can complaint about a victim child before
police for legal procedures or Child Welfare Committee (Constituted in each district
by State Govt. under JJ Act) for care, protection and rehabilitation purpose. Both
police and CWC can refer a victim child to each other as per available services with
them. If required help can be taken from Childline or any civil society organization
in this regard.
๏‚ง The role of police is to conduct necessary enquiry, investigation, court process and
punishment as directed by court against offender.
๏‚ง Child Welfare Committee to prima facie determine the age of child to determine its
jurisdiction, pending further inquiry.
๏‚ง CWC would ensure emergency services such food, shelter or medical to a child.
๏‚ง CWC would assign case to social worker, case worker or child welfare officer or
NGO for conducting Social Investigation report (SIR)
Cont..
๏‚งDirect person or organization to develop Individual Care Plan (ICP) for
rehabilitation and reintegration of child.
๏‚งCWC to direct person (District Child Protection Officers of any other concern
authorities) or institution (children home, special adoption agencies, childline or
any other agency/organisation) to take steps for restoration and rehabilitation of
child. Follow-up can be taken by CWC after rehabilitation through concerned
authorities.
๏‚งFinal order to be passed within 4 months of first production of child before
CWC.
๏‚งBefore restoring the child, committee to refer child and parents to the counselor
for counseling services.
๏‚งCommittee will emphasis to rehabilitate the child through non-institutional
services under JJ Act.
Cont..
CHECK YOUR PROGRESS
Q-1 Children need protection
from;
a) Violence
b) Abuse
c) Exploitation
d) All the above
Q-2 What is the rank of India
in world index of wellbeing of
children 2018;
a) 102
b) 112
c) 113
d) 118
Q-3 Which of the following
category of crime against
children are the highest
registered as per NCRB 2016.
a) Rape
b) Murder
c) Kidnapping & Abduction
d) Exposer & Abandonment
Q-4 Which of the following statement is true:
a) As soon as Children in Conflict with Law (CiCL) is apprehended by police
he/she shall be placed under the charge of Special Juvenile Police Unit
(SJPU)
b) CiCL should be kept in police lock-up until he/she produce before Juvenile
Justice Board (JJB)
c) Inquiry of CiCL by the JJB shall be completed within 6 months
d) CICL child should not be grant bail against crime.
Q-5 Match the relation:
a) Child welfare
Committee (CWC)
b) Special Law
c) Juvenile Justice
Board (JJB)
d) Indian Penal Code
1. Juvenile Justice Act
2. Children in Need of
Care and Protection
3. Murder
4. Children In Conflict
with Law (CiCL)
A) a3,b2,c1,d4
B) a4,b1,c3,d2
C) a1,b3,c2,d4
D) a2,b1,c4,d3
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Module 03 child protection issues & concern

  • 1. CHILD PROTECTION: ISSUES & CONCERNS MODULE 03
  • 2. In the module 1 and 2 of the course we came to know about definition of child, their rights and understand the stages of child development. In this module, we will be learned the meaning and definition of child protection. Also we will discuss various issues & concerns related to child protection. At the end of this course student will be able to: โ€ข explain the notion of vulnerability in the context of child protection. โ€ข understand the concept of Child Protection. โ€ข Know the status of children in context of global as well as Indian. โ€ข recognized the issues and concern related to children in India and โ€ข describe the causes and consequences relating to childrenโ€™s issues. LEARNING OBJECTIVES
  • 3. INTRODUCTION Every child has the right to be protected from all forms of violence, abuse, exploitation. But it has been observed through media and personal experiences that many children are mostly exploited and abuse by the adults specially the person who known to the child. Sometime circumstances and situations are also not favourable for children which leads to vulnerable condition. Many children do not have a home to stay, safe drinking water, adequate nutritious food, proper education etc. which leads to their development. Protection of children not only included exploitation and abuse, rather creating protective environment by individual, community and government where the child can enjoy their childhood with dignity. The concept of child protection became popular after the UNCRC 1989. It assumed that the concept of protection of children emerged after the second war world. There are numbers of child victims found after the war as a need for care and protection. This photos/illustrations is just for indicative purpose only
  • 4. Child protection dose not have a universal definition. Several international organisations have been define the definition of Child Protection as their own way. Following are some of definition. DEFINITIONS: โ€ข According to UNICEF, Child Protection refer to preventing and responding to violence, exploitation and abuse against children. It includes commercial sexual exploitation, trafficking, child labour and harmful traditional practices such as child marriage etc. It aims to protect children from all kinds of harm as all children have the right to be protected from harm. โ€ข All signatory States on declaration of child rights as parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. (CRC, article 19.1) Child Protection means establishing a social system via a set of laws, policies, programmes, approaches and norms that uphold justice and ensure a protective environment for children where they can enjoy their childhood with dignity. WHAT IS CHILD PROTECTION?
  • 5. โ€ข Neglect by caretakers โ€ข Physical, emotional and sexual violence and abuse โ€ข Bullying โ€ข Sexual exploitation โ€ข Female genital mutilation/cutting โ€ข Child marriage โ€ข Child labour โ€ข Trafficking โ€ข Armed violence โ€ข Recruitment of children in armed forces of group etc. WE PROTECTING CHILDREN FROM:
  • 6. โ€ข India ranks 113 position in total 176 countries on an index that evaluates countries on the wellbeing of children. Source: Global Childhood Index Report 2018 released by Save the Children, a non-profit global group that works for child rights. โ€ข Worldwide 218 million children between 5 and 17 years are in employment. Among them, 152 million are victims of child labour; almost half of them, 73 million, work in hazardous child labour. Source: Global Estimates of Child Labour: Results and trends, 2012-2016 , Geneva, September 2017. โ€ข At the end of 2018 over 17 million children were internally displaced by conflict or violence, and millions more by disasters or other causes. Sources: Global Report on Internal Displacement 2019 by Internal Displacement Monitoring Center (IDMC) and UNICEF. CHILD PROTECTION STATUS: GLOBAL
  • 7. โ€ข Worldwide 20.5 million low birthweight babies born in 2015, where more than half of the total number were born in Asian Continent. Source: โ€œNational, regional, and worldwide estimates of low birthweight in 2015, with trends from 2000 by World Health Organization (WHO) and UNICEF in 2019. โ€ข The most current data from UNICEF (2018) shows that about 21 percent of young women worldwide (aged 20 to 24) were married as children; this is a 25 percent decrease from 10 years ago. Source: UNICEF โ€ข Globally in 2014, 1 billion children aged 2-17 years experienced physical, sexual, emotional or multiple types of violence. Source: WHO, Media Centre Fact Sheet. Violence Against Children, February 2018. Cont..
  • 8. โ€ข India, with a population of 121.1 Cr, has 16.45 Cr children in the age group 0-6 years and 37.24 Cr in the age group 0-14 years which constitute 13.59% and 30.76% of the total population respectively. โ€ข 48% of the child population in the age group 0-14 years is female. โ€ข 74% of the children (0-6 years) live in rural areas where as the rural population constitute 69% of the total population of India. โ€ข At all India level, the sex ratio in the age groups 0-6 years and 0-14 years are 918 and 916 respectively. โ€ข Total child population in India in the age group (5-14) years is 259.6 million. Out of that 10.1 million (3.9% of total child population) children are working, either as 'main worker' or as 'marginal workerโ€™. โ€ข 33.8 million child marriages were reported for girls aged less than 18 and boys below 21 years. โ€ข 12 million adolescent girls have experienced physical violence since age 15. Source: Census 2011 PROFILE OF CHILDREN IN INDIA
  • 9. Health Status of Children Indian โ€ข 19.8 million children below age 6 in India are undernourished. Source: Integrated Child Protection Schemes 2015 โ€ข Only 9.6% of children between 6-23 months in the country receive an adequate diet. Source: NFHS-4 2015-16 โ€ข Infant Mortality Rate (IMR)at all India level is 34 to 1000 live births. Source: Sample Registration System (SRS) โ€“ 2016 โ€ข There has been substantial reduction in the IMR at all India level from 46 in 2011 to 34 in 2016. Source: Sample Registration System (SRS) โ€“ 2016 โ€ข All India level, 38% of children under age five years are stunted (too short height for their age) which is an improvement from 48% in 2005-06. Source: NFHS-4 (2015-16) โ€ข 18% of infants had a low birth weight of less than 2.5 kg. Source: NFHS-4 (2015-16) โ€ข At all India level, 28% of children had mild anaemia, 29% had moderate anaemia, and 2% had severe anaemia in 2015-16. Source:NFHS-4 (2015-16) Cont..
  • 10. Education Status of Children Indian โ€ข In 4 children of school-going age is out of school in our country โ€“ 99 million children in total have dropped out of school. Source: Census 2011 โ€ข Out of every 100 children, only 32 children finish their school education age-appropriately. Source: District Information System for Education (DISE) 2014-15) โ€ข Only 2% of the schools offer complete school education from Class 1 to Class 12 (District Information System for Education (DISE) 2014-15) โ€ข Literacy rate among children (7-18 years) stands at 88.3% and the gender gap observed for this age group is 3% in 2011. Census 2011 โ€ข The highest literacy rate among the age group 7-19 years is in Kerala (97.9%) and the lowest in Arunachal Pradesh (78.8%). Census 2011 Cont..
  • 11. Status of Crime Against Children: โ€ข Crime against children in India has increased by a sharp 11 percent between 2015 and 2016. Source: National Crime Record Bureau (NCRB) 2016. โ€ข Kidnapping and Abduction of children are the highest registered category of crime against children in 2016. Source: NCRB 2016 โ€ข 34.4% of total crime against children in 2016 are under Protection of Children from Sexual Offences Act, 2012 (POCSO) Source: NCRB 2016 โ€ข 35,849 cases of juveniles in conflict with the law have been registered in the year 2016, showing an increase of 7.2 per cent over the 33,433 cases of 2015. Source: NCRB 2016 โ€ข A total of 1,11,569 children below 18 years of age comprising 41,175 boys and 70,394 girls were reported missing by the year 2016. Source: NCRB 2016 Cont..
  • 12. CHILD PROTECTION ISSUES It is the responsibility of family, community and state to ensure a safe and secure environment to children for their holistic development, as it enables them to become active participants in their own development and the development of the nation. But unfortunately, it is common to seen children in vulnerable and distress condition due to several reasons. The issues of Child Protection can be divided into three broad categories for easy understanding. Following are some of child protection issues: Children In Conflict with Law Crime Against Children Children in Vulnerable Situations Child in conflict with law means a child who is alleged or found to have come into contact with the justice system as a result of being suspected or accused of committing an offence and has not completed eighteen years of age as on the date of commission of such offence crimes against children means an offence committed on a victim under the age of 18 years is considered as crime against children. This crime include physical and emotional abuse; neglect; and exploitation, such as through child pornography or sex trafficking of minors, child labour, child marriage, child trafficking etc. Children in vulnerable situation means risk to abuse, exploitation and violence. Such as street children, abandoned and orphan children, nomadic children, child beggar, migrant children, CNCP and CiCL etc.
  • 13. Child in conflict with law means a child who is alleged or found to have come into contact with the justice system as a result of being suspected or accused of committing an offence and has not completed eighteen years of age as on the date of commission of such offence. 1. CHILD IN CONFLICT WITH LAW (CICL)? This photo/ illustration is just for indicative purpose only
  • 14. We all know that offences are many in terms of their nature but it is divided in to three borders types in the law. As Juvenile Justice (care and Protection) Act deal with the child in conflict with law, thus the act define the following major categories of offence. โ€ขHeinous offences committed by children in conflict with law includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more. Heinous offences โ€ขSerious offences include the offences for which the punishment under the Indian Penal Code or any other law for the time being in force is imprisonment between three to seven years. Serious offences โ€ขPetty offences include the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment up to three years. Petty offences TYPES OF OFFENCE COMMITTED BY CICL
  • 15. According to National Crime Record Bureau (NCRB), 35,849 cases of Children in conflict with law were reported in India in the year 2016. It shows increase of 7.2% in 2016 over 2015. However, a majority of these cases are petty crimes and are preventable by providing proper guidance and counselling to children and economic strengthening of their families. An analysis of children who were in conflict with law shows that majority of them belonged to economically weaker section. Around 12.3 per cent of them were illiterate while another 32.8 percent were educated up to primary level and 45.3 percent were above primary but below matric/Hr.Sec. (Crime in India 2016: Compendium ; NCRB) FACT AND FIGURES OF CICL This photo/illustration is just for indicative purpose only
  • 16. Children are innocent by nature. Studies show that due to multiple factors children comes under the categories of children in conflict with law. Following are some of causes/factor of children in conflict with law. Individual Factors: There are individual factors like lack of self control, fear, feeling of insecurity, aggression, submissiveness, impulsiveness and emotional conflicts and peer pressure push children for such behavioral changes. Family Factors: As we all consider that family is the best place for children to nurture and develop. There are situational factors in families which sometime forced a juvenile to be delinquent. Research says broken family, lack of parental love and affection, poverty, political inclination of family, conservative thinking, family outrage against any belief, negative influence of audio and visual materials, adolescent instability, lack of recreation, negative environment, low-socio economic, poor parental violence, availability of weapons, parental substance use, peer pressure, parental antisocial behavior, low educational attainment, drug or alcohol use by children, poor monitoring of children in school and criminal behavior of siblings are the causes for juvenile delinquency. According to the National Crime record Bureau 86% of the juvenile delinquent reported in 2016 are living with family. CAUSES FOR CICL
  • 17. Cont.. Community Factors: As we know that social life of a child begins from his/her family and community that influence the life of a child. The factors of the community which produce juvenile delinquency are revenge factor, poor literacy, influencing peer groups and adult, blind believes, community conflict, unlawful practice, fears etc. System factors: Some social work professionals argue that due to lack of systems in place and their effective functioning the numbers of juvenile delinquency are raised. Additionally due to lack of resources, the system is struggling to promote a child friendly environment and approaches that may impact the post life of juvenile offenders. E.g The formal contact of a child with police mostly as victim or contact with law. This contact is not always positive due to lack of sensitization to handle them. Children often found it hard to open up about the attack because they feared the perpetrator or not being believed by anyone. In this circumstance, the neglect behavior or intervention of police may lead to them being further victimized. It is also considered that the interactions between police and juvenile are often considered by disagreement and stress, with high levels of irritation, fear and mistrust on both positions.
  • 18. CONSEQUENCES OF CICL Research says that Children in conflict with law suffer from psychiatric illness. Children suffer from following psychological problems like: โ€ข Depression, โ€ข Lack of personal attention, โ€ข Emotional deprivation, โ€ข Separation anxiety, and lack of bonding, โ€ข Changes in normal behaviors โ€ข Lack of creativity, โ€ข Low self-esteem, โ€ข Interpersonal relationship problems, โ€ข Concentration and poor study habits, โ€ข Difficulty in main streaming and adjustment in society. โ€ข Phobia, suicidal tendencies โ€ข Use of Substance
  • 19. ๏‚ง As soon as a CICL is apprehended by police, he/she shall be placed under the charge of the special juvenile police unit (SJPU) or the designated police officer who shall immediately report the matter to a member of the Juvenile Justice Board (JJB) within 24 hrs. ๏‚ง No CICL is to be kept in a police station, police lock-up or any prison ๏‚ง Inquiry by the JJB shall be completed within 4 months from the date of its commencement. ๏‚ง After due inquiry JJB can pass direction to handover the CICL to his/her parents after counseling, Community Service, bail to CICL if required, released on probation, place in observation home or special home or fit institution etc. CICL POLICE (Child Welfare Police Officer) JJB (Juvenile Justice Board) โ€ข Handover to Parents/guardian after counseling โ€ข Release on Bail โ€ข Placed in โ€˜Fit Personโ€™ Inquiry โ€ข Observation Home โ€ข Special Home โ€ข Fit Institution โ€ข Community Services PROCEDURES TO DEAL WITH CICL (As per Juvenile Justice (Care and Protection) Act 2015)
  • 20. CRIME AGAINST CHILDREN It has been observed that crimes against children under IPC and Special and Local Laws (SLL) increased across India โ€“ from 1,06,958 in 2016 to 1,29,032 in 2017. The overcall rate of crime against children in India in 2017 was 28.9 per one lakh children, as compared to 24 in 2016. Categories of Crime Against Children: โ€ข Crime against children under Indian Penal Code (Murder, Rape, Abduction & Kidnapping, stalking, buying and selling minors, Exposure and Abandonment, insult etc.) โ€ข Crime against children under Special and Local laws I. Prohibition of Child Marriage Act, 2006 II. Transplantation of Human Organs Act 1994*(for persons below 18 years of age) III. Child and Adolescent Labour (Prohibition & Regulation) Act, 1986 IV. Immoral Traffic (Prevention) Act, 1956 V. Juvenile Justice (Care & Protection of Children) Act, 2015 VI. Protection of Children from Sexual Offences Act, 2012 and others
  • 21. The reasons for violation of child rights are different in nature but some of the causes are unique like poverty, illiteracy etc: Working Children: According to Census of India 2011, 10.1 million children are economically active between 5 to 14 years of age in India. UNICEF report says that some of the factors forcing children to begin/ get involved in labour from very early age in India are; poverty and illiteracy of a childโ€™s parents, the familyโ€™s social and economic circumstances, a lack of awareness about the harmful effects of child labour, lack of access to basic and meaningful quality education and skills training, high rates of adult unemployment and under-employment, the cultural values of the family and surrounding society. Often children are also bonded to labour due to a family indebtedness. Out of school children or those children at risk of dropping out can easily be drawn into work and a more vulnerable to exploitation. Girls, especially those from socially disadvantaged groups, tend to be at a higher risk of being forced into work. Consequences: Children who are involved in work do fail to get necessary education. They do not get the opportunity to develop physically, intellectually, emotionally and psychologically. CAUSES AND CONSEQUENCES OF SOME IMPORTANT CHILDRENโ€™S ISSUES
  • 22. Child Trafficking: Human trafficking is considered to be the third largest organized crime globally. Trafficking of children and women is a serious concern prevalent in India. According to the statistics of the Ministry of Women and Child Development Govt. of India, 19,223 women and children were trafficked in 2016 against 15,448 in 2015. India is the source, destination and transit country for human trafficking who then get involved in forced labor and sex trafficking. Women and children from the lower caste, minority and tribal communities are generally lured of a better lifestyle and employment opportunity and sold by the agents. Poverty, uneven employment, gender discrimination, harmful traditional and cultural practices and lack of proper policy implementation to end this grave condition are some of the causes of human trafficking in India. Consequences: In many cases, trafficked children and women are at risk of all manner of ills, from unwanted pregnancy, HIV/Aids, cervical cancer, severe physical injury, violence, drug abuse and more, not to mention the emotional trauma and long-run psychological impact. Cont..
  • 23. Child Sexual Abuse: Child sexual abuse is one of the most concern issue of children that unfortunately we heard almost everyday. The World Health Organization (WHO) defines Child Sexual Abuse (CSA) as โ€œthe involvement of a child in sexual activity that he or she does not fully understand or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social norms of society. Sexual exploitation is not rape alone. There can be many forms of sexual exploitation like clicking indecent photographs of children, making children watch pornographic content, physically teasing them, etc. There are According to a 2007 study conducted As per survey conducted by Ministry of women and child development Govt. of India, 53% of children surveyed said they had been subjected to some form of sexual abuse. Also, 88% of people sexually exploiting children are known to the children or are people whom the children trust. There have been many instances where the father himself, cousin brothers, uncle or neighbors have sexually exploited children. Cont..
  • 24. The Protection of Children from Sexual Offence (POCSO) Act 2012 of India define different forms of sexual abuse, including penetrative and non-penetrative sexual assault as well as sexual harassment and pornography. Following are the details: 1. Penetrative Sexual Assault An act with sexual intent which involves physical contact with penetration. 2. Aggravated Penetrative Sexual Assault An act of penetrative sexual assault committed by any public servant, management or staff of an Educational Institution or a person in a position of trust or authority such as police/army/security personnel, public servants or family members. 3. Sexual Assault Harassment An act with sexual intent which involves physical contact but without penetration. 4. Aggravated Sexual Assault An act of sexual assault committed by any public servant, management or staff of an Educational Institution or a person in a position of trust or authority such as police/army/security personnel, public servants or family members 5. Sexual Harassment An act with sexual intent which does not involve physical contact but makes oral gesture and bodily/ object exhibition (Section-11) 6. Using Child for Pornographic purpose Any form of media or internet or any other electronic or printed form for the purpose o sexual gratification (Section-13) Cont..
  • 25. Causes: It has been identified that multiple factors that make children vulnerable to sexual abuse such as โ€ข Ignorance about offences amongst children; โ€ข Parents who are consuming daily alcohol and drugs substances; โ€ข Easily accessible of pornographic contents in intermate; โ€ข Lonely children; โ€ข Children in foster care, adopted children, stepchildren; โ€ข Physically or mentally handicapped children; โ€ข History of past abuse; โ€ข Poverty; โ€ข War/armed conflict; etc. Consequences: Child sexual abuse can result in both short-term and long-term harm, including psychological trauma and physical injury. Indicators and effects include depressions, anxiety, eating disorder, loos-self confidence, sleep disturbances, dissociative attack etc. Cont..
  • 26. Child Marriage: The issues of child marriage is one of the concerned social issues pertaining to violation of child rights. It is a unhealthy social practice mostly happened in rural areas, where a girl below 18 years and a boy below 21 years of age get married. According to 2011 nationwide census of India, the average age of marriage for women in India is 21.2% in the age group 15-19. The Prohibition of Child Marriage Act, 2006 states that child marriage is a marriage where either the female is below age 18 or the male is below age 21. Child marriages often occur due to several reasons like poverty, social insecurity, lack of education, gender inequalities, inadequate implementation of the law. Consequences: It impacts on physical, mental and emotional development of a child. Child marriage resulted to early pregnancy which can lead to complications at the time of birth, low birth-weight babies, both triggering maternal and infant mortality rate. Experts say, childbirth before the mother is of the age of 14 can lead to obstetric fistula and other health problems. It is also affects to society as child marriage reinforces issues like illiteracy, malnutrition, high infant and maternal mortality rates. Cont..
  • 27. There are several issues pertaining to child rights worldwide which can be categorised as per their major rights defined by UNCRC. Following are the issues related to Major rights: Survival issues: Child health has been high on the international agenda. According to the UNICEF report in India about 2.1 million child deaths occur every year It is the highest number within a single country. There has been a substantial decrease in child mortality in the past two decades in India also. Causes: The causes of death of children under 5 year age are poverty, social norms and social cultural factors affect accessibility of health care and nutrition, water and sanitation, lack of awareness on maternal health, motherโ€™s age, lack of enough skilled personnel and specialists in child healthcare etc. Consequences: Itโ€™s lead to death of the child. Cont..
  • 28. Health issues: Children in India suffer from various health problems during their early childhood and even before birth leading to short ended and unhealthy lives. Here the law is not adequate to protect the health of children across India. Diarrhoea and malnutrition are two of Indiaโ€™s biggest killers of children under the age of 5. Along with poor access to nutritious foods, both these issues are linked to poor hygiene, as infections trigger mineral depletion and loss of appetite. Causes: The causes of health issues amongst children are poor access to nutritious foods, hygiene and sanitation, Lack of awareness on children health, poverty, traditional and cultural practices such as it has been observed that some members family and community denied for first breast feeding after the baby birth. But as per medical research it is found that the first milk of the mother after strengthen the immune system of the child. It is full of nutrition value too. Consequences: The poor health condition of a child impact on childโ€™s development which affect the future life of the child also. Cont..
  • 29. Out of School: Despite numbers of policies, schemes and services available in India for formal educational development of children, it has been observed that a large numbers of children are out of school. Some of never been to school and many children found drop out from school due to several reasons. According to the report of the National Sample Survey Office (NSSO) in 2014, 32 million Indian children of age up to 13 years have never attended any school, the majority of them belonging to the socially disadvantaged class. However, girl child education requires more attention because gender discrimination among boys and girls in terms of education mostly in rural areas found rampantly. Causes: There are several causes found in studies in this regard such as extreme poverty, available of school services near by community, gender discrimination, quality education, lack of awareness amongst parents, lack of trained teachers etc. Consequences: Education is the most important factor which plays a great role in the development of an individual as well as a country. Lack of formal education impact the development of a child. It has been observed that out of school children mostly engaged as child labour in various places. Cont..
  • 30. CHILDREN IN NEED OF CARE AND PROTECTION (CNCP) (As per Juvenile Justice (Care and Protection) Act 2015) Children need care and protection because they are not enough mature to take care of them or less exposer of experiences to take any concrete decision. Juvenile Justice (care and Protection of Children) Act 2015 define some special categories of children who need care and protection. Child in Need of Care and Protection means a child who, โ€ข Is found without any home or settled place. โ€ข Is without any ostensible means of subsistence, who is found begging, or who is either a street child or a working child. โ€ข Has been threatened, abused or neglected or, is likely to face threat to be killed, injured, abused or neglected by a person who has the charge of or control over the child. โ€ข Lives with a person who has killed, abused or neglected some other child or children. โ€ข Is Mentally Challenged (Mentally Retarded), physically challenged. (Handicapped), ill children and children suffering from terminal diseases or incurable diseases that have no one to support and look after.
  • 31. โ€ข Has a parent or guardian who is unfit or incapacitated to exercise control over the child. โ€ข Is an orphan or has no one willing to take care of him/her (abandoned or surrendered). โ€ข Is missing or run-away child and whose parent cannot be traced after reasonable inquiry. โ€ข Is abused, tortured or exploited for the purpose of sexual abuse or illegal act. โ€ข Is vulnerable and likely to be induced into drug abuse or trafficking. Has been or is likely to be abused for unconscionable gains. โ€ข Is victim of any armed conflict, civil disturbance or natural calamity. โ€ข Conflict or contact with law Cont..
  • 32. Police (For Legal Process), ๏‚ง Rehabilitation ๏‚ง Education ๏‚ง Vocational Training ๏‚ง Physical/Mental Development ๏‚ง Nutrition ๏‚ง Medicare Fit PersonParents/Guardian Children Home/Fit Institution ( for Shelter) NGO run Child Care Institution Crime Against Children and Children in Need of Care and Protection Description in next slide. PROCEDURES TO DEAL WITH CRIME AGAINST CHILDREN AND CHILDREN IN NEED OF CARE AND PROTECTION Child Welfare Committee (CWC) (For Care, Protection and Rehabilitation) Courts
  • 33. ๏‚ง Any individual or a child himself/herself can complaint about a victim child before police for legal procedures or Child Welfare Committee (Constituted in each district by State Govt. under JJ Act) for care, protection and rehabilitation purpose. Both police and CWC can refer a victim child to each other as per available services with them. If required help can be taken from Childline or any civil society organization in this regard. ๏‚ง The role of police is to conduct necessary enquiry, investigation, court process and punishment as directed by court against offender. ๏‚ง Child Welfare Committee to prima facie determine the age of child to determine its jurisdiction, pending further inquiry. ๏‚ง CWC would ensure emergency services such food, shelter or medical to a child. ๏‚ง CWC would assign case to social worker, case worker or child welfare officer or NGO for conducting Social Investigation report (SIR) Cont..
  • 34. ๏‚งDirect person or organization to develop Individual Care Plan (ICP) for rehabilitation and reintegration of child. ๏‚งCWC to direct person (District Child Protection Officers of any other concern authorities) or institution (children home, special adoption agencies, childline or any other agency/organisation) to take steps for restoration and rehabilitation of child. Follow-up can be taken by CWC after rehabilitation through concerned authorities. ๏‚งFinal order to be passed within 4 months of first production of child before CWC. ๏‚งBefore restoring the child, committee to refer child and parents to the counselor for counseling services. ๏‚งCommittee will emphasis to rehabilitate the child through non-institutional services under JJ Act. Cont..
  • 35. CHECK YOUR PROGRESS Q-1 Children need protection from; a) Violence b) Abuse c) Exploitation d) All the above Q-2 What is the rank of India in world index of wellbeing of children 2018; a) 102 b) 112 c) 113 d) 118 Q-3 Which of the following category of crime against children are the highest registered as per NCRB 2016. a) Rape b) Murder c) Kidnapping & Abduction d) Exposer & Abandonment
  • 36. Q-4 Which of the following statement is true: a) As soon as Children in Conflict with Law (CiCL) is apprehended by police he/she shall be placed under the charge of Special Juvenile Police Unit (SJPU) b) CiCL should be kept in police lock-up until he/she produce before Juvenile Justice Board (JJB) c) Inquiry of CiCL by the JJB shall be completed within 6 months d) CICL child should not be grant bail against crime. Q-5 Match the relation: a) Child welfare Committee (CWC) b) Special Law c) Juvenile Justice Board (JJB) d) Indian Penal Code 1. Juvenile Justice Act 2. Children in Need of Care and Protection 3. Murder 4. Children In Conflict with Law (CiCL) A) a3,b2,c1,d4 B) a4,b1,c3,d2 C) a1,b3,c2,d4 D) a2,b1,c4,d3 CHECK YOUR PROGRESS