1. Mission
Justice
1942 - began a movement for liberation of India by
way of QUIT INDIA MOVEMENT. Years of
fight and sacrifice pave way for freedom.
1947 - 35 Crore Indians tasted freedom.
2010 - MISSION JUSTICE, a Peoples movement,
launches a movement for freedom of almost 50
crore Indian Children, based on same Ahimsa and
the same agenda for Independence.
ARE YOU FOR THIS FREEDOM?
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3. Mission
Justice
Disclaimer
All the matter is these slides has been compiled from various newspapers,
news-clippings, Websites, Blogs and case laws.
We are not responsible in any error at the source document. If the matter,
as reported in source document, has any errors, we take no responsibility
for the same. This presentation is almost replica of the matter, as reported
in source document. We have not found any challenge to the source
documents. Thus, we consider the contents as reliable and true.
The slide show is backed by a collection of news clippings and other
sources. These can be inspected by any interested party with due notice OR
we will be publishing all the clippings in a pdf file format, in due course, to
have full transparency.
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4. Mission
Justice
Preamble
Why are we concerned?
40% of India's population is below the age of 18 years which
at approx. 480 million is the world's largest child
population.
Less than half of India's children between the age 6 and 14
go to school.
One in every thirty (3%) children is disabled in India.
74% of India's children below the age of 3 months and
78.9% of 6 to 35 months are anemic.
More that 50% of India's children are malnourished.
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5. Mission
Justice
Preamble
While one in every five (20%) adolescent boys is malnourished, one in
every two (50%) girls in India is undernourished.
58% of India's children below the age of 2 years are not fully vaccinated.
And 24% of these children do not receive any form of vaccination.
There are issues like child labour, child begging, disability of children,
improper care, neglect of children, child alienation, child sexual
exploitation and many more issues. None feature in any election manifesto
as this issue is purely service based and has no election or commercial
value. This 40 % population is neglected by the Government.
If rights continue to be violated, then just imagine if only a fraction of this
48 crore population revolt against society, to pick up arms, then we will
have the world’s biggest terrorism and maoism hub, bigger than even
Afghan-Pak group and progress and growth, by even 20% p.a. over 20 years
from now, can be destroyed overnight.
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6. Mission
Justice
Preamble
“Convention on the Rights of the Child (CRC)”
UN General Body adopted “Convention on the Rights of the Child” vide
resolution no A/RES/44/25 on 20 Nov 1989.
Indian endorsed/ratified this convention on 11 November , 1992.
The convention relied on various previous conventions on Human
Rights, dignity and worth of human person.
Recognize – Child should be fully prepared to like an individual life in
society. And brought up in spirit of peace, dignity, tolerance, freedom,
equality and solidarity.
Child due to physical and mental immaturity needs special safeguards,
care, appropriate legal protection, both before and after birth.
Below discussed are some of the articles of the convention and its
importance in India.
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7. Mission
Justice
INTERNATIONAL CHARTER
As per the child rights charter, Article 1, a universal
definition of "child" includes all persons under the age
of 18.
In India, various laws define various age limits for
child. eg. For Child Labour the age is fixed as 14 years.
This is a serious lacuna. Moreover, in India Rights
flow from different Acts and there is no single FAMILY
PROTECTION AND WELFARE ACT.
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8. Mission
Justice
INTERNATIONAL CHARTER
Many of the rights are not given any weightage in
Courts of law and Courts do not have time to evaluate
these Rights and neglect it. Many Rights guaranteed
under the International Convention do not find any
place directly in any Law even after almost 2 decades
of ratification by the state. This Voiceless Population
of almost 40% thus suffers at the hands of each and
every part of democracy.
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9. Mission
Justice
Education forms the essence of a Human personality
and gives a person a right thought process. From
Ancient Indian system of Gurukul to the Modern era
of International Schools, education occupies one of
the top priority in Child life.
In India, only 53% of habitation have a primary school
and only 20% of habitation have a secondary school.
Dropout rates increase alarmingly in class III to V, its
50% for boys, 58% for girls.
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Education
10. Mission
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Education
The number of teachers for classes and the quality is a
big concern. 50% of Indian children aged 6-18 do not
go to school.
In Urban India and more especially the Metro cities,
there is a growing tendencies of School Mafia. The
education fees and other activities costs are so high
that a common man finds it difficult to afford
education for his children. Facing needs of children
and competition among peers makes the life of a
common man miserable.
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11. Mission
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Education
Article 28 of Convention guarantees primary
education compulsory and available free to all.
Further it binds encouragement and development of
different forms of secondary education, both general
and vocational education, available and accessible to
every child, and provide appropriate measures such as
the introduction of free education and offering
financial assistance in case of need; discourage
dropouts and make higher education accessible to all
on the basis of capacity by every appropriate means;
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12. Mission
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Education
Nation is bound to take all appropriate measures to
ensure that school discipline is administered in a
manner consistent with the child's human dignity and
in conformity with the present Convention and
education is directed towards development of the
child's personality, talents and mental and physical
abilities to their fullest potential; and development of
cultural identity and values and for the national values
of the country in which the child is living, the country
from which he or she may originate, and for
civilizations different from his or her own;
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13. Mission
Justice
Education
The preparation of the child for responsible life in
a free society, in the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among
all peoples, ethnic, national and religious groups
and persons of indigenous origin the development
of respect for the natural environment.
Compare this with the data given in this slide show.
Has the state implemented the charter or has just
conveniently avoided the rights of the Voiceless and is
in violation of the theory of Welfare state.
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14. Mission
Justice
Child Labour AND Child beggar
Children are often treated as the "property" of the very
adults who are supposed to care for them; they are
ordered around, threatened, coerced, silenced, with
complete disregard of them as "persons" with rights
and freedoms. No punishment exists for this crime.
17 million children in India work as per official
estimates. Unofficial we put it as 40 million. There are
many Chotu, Ramu, Bhola, Thambi around.
Children were sent to work by compulsion and not by
choice.
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15. Mission
Justice
Child Labour AND Child beggar
25% of the victims of commercial sexual exploitation in
India are below 18 years of age.
Millions of children work to help their families because
either the adults do not have appropriate employment
and income or they do not have access to good quality
schools. thus forfeiting schooling and opportunities to
play and rest. Poor and bonded families often "sell"
their children to contractors who promise lucrative jobs
and the children end up being employed in brothels,
hotels, domestic work and streets.
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16. Mission
Justice
Child Labour AND Child beggar
All children have the right to be protected from work
that interferes with their normal growth and
development. Abandoned children, children without
families and disabled children need special care and
protection. However, we see them daily with ignorance.
Article 32 of the Charter recognizes 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 child's education, or to be harmful to
the child's health or physical, mental, spiritual, moral or
social development.
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17. Mission
Justice
Child commercial sex workers
There are approximately 2 million child commercial
sex workers between the age of 5 and 15 years and
about 3.3 million between 15 and 18 years.
They form 40% of the total population of commercial
sex workers in India.
80% of these are found in the 5 metros.
71% of them are illiterate.
500,000 children are forced into this trade every year.
We give ignored eye as they are not our children. Think
and replace your child in place and see how you boil.
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18. Mission
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Child commercial sex workers
Article 34 provides for protection of children from all
forms of sexual exploitation and sexual abuse.
The state is bound to stop 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; and the exploitative use of
children in pornographic performances and materials.
However, 5 lakh children a year are taken to field of
prostitution and 40% of the commercial sex workers
are children. The Government has ignored them.
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19. Mission
Justice
Mentally/ physically challenged children
3% of India's children are mentally/physically
challenged.
40 out of every 1000 rural children are
mentally/physically challenged, compared to 26 out of
every 1000 urban children.
Mentally/physically challenged girls are at a particular
risk to violence and abuse.
One in every thirty children is disabled in India.
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20. Mission
Justice
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Article 23 of the Charter recognizes that a mentally
or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity,
promote self-reliance and facilitate the child's
active participation in the community and the
Nation must provide free of charge education,
training, health care, rehabilitation facilities,
preparation for employment, and recreational
opportunities for the development of the child to
the fullest.
Mentally/ physically challenged children
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Justice
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Child Discrimination
Article 2 of the Charter provides for non
discrimination of the children irrespective of the
child's or his or her parent's or legal guardian's
race, colour, sex, language, religion, political or
other opinion, national, ethnic or social origin,
property, disability, birth or other status.
Thus, we talked of Common Child code. But fact is
we discriminate legitimate and illegitimate child
on account of birth, rights of succession on
account of religion and all possible ways.
22. Mission
Justice
Child Alienation
Article 8 of the Charter provides right of the Child to
preserve his or her identity, including nationality,
name and family relations as recognized by law
without unlawful interference and where a child is
illegally deprived of some or all of the elements of his
or her identity, State shall provide appropriate
assistance and protection, with a view to re-
establishing speedily his or her identity.
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23. Mission
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Child Alienation
Article 9 provides for respect of the right of the child
who is separated from one or both parents to maintain
personal relations and direct contact with both parents
on a regular basis, except if it is contrary to the child's
best interests.
Article 16 provides that No child shall be subjected to
arbitrary or unlawful interference with his or her
privacy, family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
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24. Mission
Justice
Today a child suffers the most when he is alienated from his
father and extended family like grand parents on account
of biased laws.
Today a child is deprived of his own identity, extended
family and the views of the parents prevail.
In Divorce petitions when Consent Terms are filed, it is the
view of the parents which prevail and custody is transferred
as if it is a custody of some property. The best interest of
the Child is not looked into by even the Court, which
endorses the Consent Terms as decree of Court. No Parent
has a right to transfer responsibility of child to other.
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Child Alienation
25. Mission
Justice
Child Alienation
The child has a right to know both his parents and
extended family.
The Child has a Right to have the upbringing from both
parents, if possible and if not atleast from the parent
who can provide the best upbringing.
The Court of Law is duty bound and has the rare
privilege of protecting the Rights of the Child and must
look into all these angels before endorsing the Consent
Terms with regard to Child access and custody. The
Consent Terms are void with regard to Child Rights and
Custody if welfare is not looked into.
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26. Mission
Justice
Legislation on charter
Article 4 provides that all appropriate legislative,
administrative, and other measures for the
implementation of the rights recognized in the present
Convention shall be taken. With regard to economic,
social and cultural rights, the Nation shall undertake
such measures to the maximum extent of their available
resources and, where needed, within the framework of
international co-operation.
The Nation has passed an enactment after 13 years of the
charter called COMMISSIONS FOR PROTECTION OF
CHILD RIGHTS ACT, 2005
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27. Mission
Justice
Legislation on charter
The Articles have not been converted into legislation
and only a show piece type of an enactment has been
passed, probably to show the United Nations of
Compliance.
A Commission is setup to examine and review the
safeguards provided by or under any law for the time
being in force for the protection of child rights and
recommend measures for their effective
implementation. Thus the Articles are unimplemented
and a recommending body is setup.
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28. Mission
Justice
Conclusion
Apart from this the charter provides responsibility on
the state to provide good health service, proper
drinking water, day care services if both parents are
working, adoption rules, juvenile rule and many more.
If implemented in form of a single Act and with
merger of Family law and inheritance law in form of
“FAMILY PROTECTION AN MAINTAINANCE ACT”, it
can benefit nearly 10 crore children directly or
indirectly.
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29. Mission
Justice
Conclusion
In the enactment “Commission for Protection of Child
Rights” section 25 provides for constitution of
Children’s Court. However, there is lack of awareness
about existence of such Courts and provisions thereof.
Further, though the Charter is complete by itself, it’s a
wonder why we need so many acts like Juvenile Act,
Act relating to child labour and why not have a single
act and single Court for Children and Family.
One fact is clear that this voiceless class which doesn’t
have votes and doesn’t know its rights is ignored and
future of Nation is bleak
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30. Mission
Justice
What do we want?
Demand that all the Articles of the Charter be put in
form of an enactment.
A single legislation be passed covering all Rights of
Children and Family members and be administered in
one single Court.
We demand that the Child who’s Rights are violated
must be empowered through any person to seek not
only redressal of his grievances but also punishment to
the violator of his Rights.
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31. Mission
Justice
Some Quotes
Child labor and poverty are inevitably bound together and if
you continue to use the labor of children as the treatment for
the social disease of poverty, you will have both poverty and
child labor to the end of time. -- Grace Abbott
In the past, children were all too often viewed more as
property than people. Many victories for children's rights have
been won in the last 100 years, such as child labor laws,
protecting children from having to work long hours in unsafe
conditions; public education, allowing all children to have
access to learning; and laws preventing child abuse. But there
is still much to do in protecting children's rights around the
world. -- Robert Alan
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32. Mission
Justice
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"Children do not constitute anyone's property: they are neither
the property of their parents nor even of society. They belong
only to their own future freedom."
-- Mikhail Bakunin
I can’t think of any issue that is more important than working
to see that no schoolchild in this world goes hungry.
-- Drew Barrymore
Feeding a child at school is such a simple thing – but it works
miracles.
-- Drew Barrymore
Some Quotes
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Justice
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Some Quotes
There is no trust more sacred than the one the world holds with
children. There is no duty more important than ensuring that their
rights are respected, that their welfare is protected, that their lives
are free from fear and want and that they can grow up in peace."
-- Kofi Annan
These children and their parents know that getting an education is
not only their right, but a passport to a better future - for the
children and for the country.
-- Harry Belafonte
"...in serving the best interests of children, we serve the best
interests of all humanity.“
-- Carol Bellamy
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Justice
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Some Quotes
"Creating a world that is truly fit for children does not imply
simply the absence of war. It means having the confidence
that our children would not die of measles or malaria. It
means having access to clean water and proper sanitation. It
means having primary schools nearby that educate children,
free of charge. It means changing the world with children,
ensuring their right to participate, and that their views are
heard and considered. It means building a world fit for
children, where every child can grow to adulthood in health,
peace and dignity.“
-- Carol Bellamy
35. Mission
Justice
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Some Quotes
"The economic benefits of investing in children have been
extensively documented. Investing fully in children today will
ensure the well-being and productivity of future generations
for decades to come. By contrast, the physical, emotional and
intellectual impairment that poverty inflicts on children can
mean a lifetime of suffering and want – and a legacy of
poverty for the next generation… "
-- Carol Bellamy
“…Together let us build the global alliance to realize that goal,
secure in the knowledge that in serving the best interests of
children, we serve the best interests of all humanity. -- Carol
Bellamy
36. Mission
Justice
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Some Quotes
If we are ever to have real peace in this world we shall have to
begin with the children.
-- Mohandas K. Gandhi
"Children are a quality of life ... when our children are happy,
then we are better as human beings.“
-- Whoopi Goldberg
"I believe deeply that children are more powerful than oil,
more beautiful than rivers, more precious than any other
natural resource a country can have. I feel that the most
rewarding thing I have ever done in my life is to be associated
with UNICEF.“
-- Danny Kaye
37. Mission
Justice
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Some Quotes
The greatest truth must be recognition that in every man, in every child is
the potential for greatness.
-- Robert F. Kennedy
"I won't give up until the exploitation of all children has ended and all
children have their rights.“
-- Craig Kielburger
There can be no better measure of our governance than the way we treat
our children, and no greater failing on our part than to allow them to be
subjected to violence, abuse or exploitation.
-- Jessica Lange
Unless we teach children peace, someone else will teach them violence. --
Colman McCarthy
Within the child lies the fate of the future.
-– Maria Montessori
38. Mission
Justice
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FINAL MESSAGE
When injustice is done, the victim experiences pain. An adult
person can complaint, can move Court and can protest. However,
the Child is one human who is the Nations tomorrow,
tomorrow’s voice, but today is voiceless as he/she neither knows
what he/she is entitled to and does now what is best for
him/her. He/She does not know how to get remedy for pain
except to weep and be unheard. His/her silent cry today may
wound him/her so much that he/she may forget what is pain and
what is a cry and that’s when the moral duty towards humanity is
lost and arms land him hands only to gun down your future, your
child, whom you have given all rights and ignored the rights of
others.
39. Mission
Justice
In Public Domain
This presentation is made by MISSION JUSTICE (MJ)
in public interest, for public education and awareness
creation only.
All the material has been taken from news-papers,
Websites and other media in the last few years or so.
All this material is published and available in public
domain.
MJ puts this presentation PUBLIC DOMAIN.
Any one can use it in the same condition, without any
tempering, for general good and public education.
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40. Mission
Justice
About Mission Justice
MISSION JUSTICE (MJ) is a MISSION of a group of
individuals committed to Justice to all.
Based in Mumbai with foot prints all over India.
Can visit the blog -
http://themissionjustice.blogspot.com/ to make
comments or Email us on: missionjustice@ymail.com
All interested are invited to join this MISSION to
Justice to create a better world for our children. The
Mission Justice is inspired by “QUIT INDIA
MOVEMENT”. Please email us your response.
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