CHILDREN'S RIGHTS AND LAWS

PRESENTATION ON
RIGHTS OF CHILD
&
SPECIAL LAWS AND
ORDINANCE RELATED TO
CHILDREN.
Presented By….
Mr. Pratik Joshi,
M.Sc. Nursing First Year,
Institute Of Nursing Education,
Mumbai.

General Objective:
On Completion of the Seminar,
Students will be able to get complete
knowledge of the Topic, Develop
desirable attitudes about the topic and
related skills and apply it in various
settings.

Specific Objectives:
On Completion of the seminar, Students
will be able to,
1. Enumerate the rights of children.
2. Detect and Act appropriately if any
violation of these Rights occur.

3. Describe various Special ordinance and
Laws related to Children.
4. Understand the Importance and
Implication Of these laws In Nursing
And In general.

INTRODUCTION:
• Children are not miniature adult.
Childhood is a state when the human
being is growing and developing.
• It is the age to acquire good habits,
values and life style that would make
children fit, responsible and
productive adult and citizens.

• The family, society and Nation are duty
bound to make children feel secure and
cared for and protected from exploitation,
violence and societal ills. A civilized society
nurture all it’s children ,girls boys alike, with
love, generosity and benevolence. So
Nursing Personnel need to know the rights
of these members and protect those rights.

Rights Of The Children
The United Nations adopted the
Declaration Of the Rights Of the Child.” on
20th, November 1959, to meet the special
needs of the child.
India was a signatory to this declaration to
give the child pride of place and to make the
people aware of the rights and needs of the
children and duties towards them.

The needs of the children and our duties
towards them are enshrined in Our
Constitution.
Article 24: Prohibits Employment of children
Below the age 14 in factories.
Article39: Prevents Abuse Of Children of Tender
age.
Article 45 : Free And Compulsory Education to
all children till 14 years age.

1. Right to develop in an atmosphere of
affection and security and protection from
neglect, cruelty, exploitation and traffic.

2. Right to enjoy the benefits of social
security including nutrition, medical care
and housing.

3. Right to a Name and Nationality
ARNIKA

5. Right to full opportunity for play and
recreation

6. Right to special treatment, education
and appropriate care if handicapped.

7. Right to be among first to receive
protection and relief at times of disaster.

8. Right to learn to be useful member of
society and to develop healthy and normal
manner and in condition of freedom and
dignity.

9. Right to be brought up in a spirit of
understanding, peace, tolerance,
friendship among people and universal
brotherhood.

10. Right to enjoy these rights, irrespective
of caste, sex, race, nationality, color or
social origin.

Adequete
Knowledge.
Development
Identification
Protection Participation
ROLES OF NURSE
Advocacy
Inter
personal
Relationship

SPECIAL LAWS
AND
ORDINANCE
RELATED TO CHILDREN.

Introduction:
• Children always need special care to
survive and thrive.
• Good health of these precious members
of the society should be ensured as a
prime importance in all countries.
• As said by Karl Meninger, “what is done
to children, they will do to the society.”
• Children are the wealth of tomorrow.

National Policy For Children
The Government Of India adopted a
National Policy for Children in August 1974,
keeping in view the rights of children and
the constitutional provisions.

The Policy declares :
“ It shall be the policy of state to provide
adequate services to the children, both
before and after birth and through the
period of growth, to ensure their full
physical, mental and social development.
The state shall progressively increase the
scope of such services so that, within a
reasonable time, all children in country will
enjoy optimum nutrition for their balanced
growth.”

The children are regarded as “Nation’s
supremely important asset.” and declares
that nation is responsible for their
“Nurture and Solicitude.”
It provides priorities of Children program
and special focus on child heath, nutrition,
and welfare of handicapped and destitute
children.

 A Number of programmes were intoroduced
by the GOI after the declaration of National
Policy for the Children,
 The important programmes are:
1. ICDS Programme.
2. Programmes Of Suplementary Feeding.
3. Nutritional Education.
4. Production of Nutritious Food.
5. Welfare Of Handicapped Children.
6. National Children’s Fund.
7. CSSM.

The principles of the India’s National Policy for
Children are as follows:
1. A Comprehensive health programme for all
children and provision of nutrition, services for
children.
2. Provision of Health Care, Nutrition and
Nutrition Education for expectant and Nursing
mothers.
3. Free and Compulsory education upto the age
of 14 years.(Sarv Shiksha Abhiyan) Informal
education For Preschooler (Anganwadi) and
efforts to reduce wastage and stagnation in
schools.

4. Out of school education for those not
having access to formal education.
5. Promotion of games, recreation and
extracurricular activities in schools and
community centres.
6. Special programmes for children from
weaker sections.
7. Facillities for education, training and
rehabillitation for children in distress.
8. Protection agauinst Neglect, Cruelty
And Exploitation.

9. Banning of employment in hazardous
occupations and in heavy works for
children.
10. Special Treatment, Education,
Rehabilitation and Care of physically
handicapped, emotionally disturbed or
mentally retarded children.
11. Priority for the protection and relief of
Children in times of national distress and
calamities.

12. Special programmes to encourage
talented and Gifted Children particularly
from the weaker sections.
13. The paramount considerations in all
relevant laws is the ,”Interest Of Children.”
14. Strengthening families ties to enable
children to grow within the family,
neighbouhood and community
environment.

Review of existing policies and
legislations
The Constitution of India follows the
principle of protective discrimination and
thereby commits itself to safeguard the
rights of children through policies, laws
and action. These commitments are
reflected through the national polices
which are as follows :

1. National Policy for Children, 1974
It provides the conceptual basis for an
integrated approach to address the whole
child and commits the State to provide
adequate services to children, both before
and after birth and through the period of
growth, to ensure their full physical,
mental and social development.

2. National Policy on Education, 1986
1. A full section on early childhood care and
education. It clearly recognizes the holistic
nature of child development, and that ECCE is
the crucial foundation for human resource
development and cumulative lifelong learning.
2. It is viewed as a feeder and support
programme for universal elementary education -
especially for first generation learners, and an
important support service for working mothers
and girls.

3.The National Children's Fund
1. It was created during the international
year of the child in 1979 under the
Charitable Endowment Fund Act, 1890.
2. The fund provides financial assistance
to voluntary agencies for implementing
programmes for the welfare of children
including rehabilitation of destitute
children.

4. National Health Policy, 2002
1. It focuses on preventive and first line
curative care at primary health level.
2. It emphasizes convergence, and
strategies to change care behaviours in
families and communities.

5. National Charter for Children, 2003 I
1. It intends to secure for every child its
inherent right to be a child and enjoy a healthy
and happy childhood.
2. It addresses the root causes that negate the
healthy growth and development of children,
and to awaken the conscience of the
community in the wider societal context to
protect children from all forms of abuse, while
strengthening the family, society and the
nation.

6. Commission for the Protection of
Child Rights Act,2005
It provides for the constitution of a national
commission and state commissions for
protection of child rights and children's courts
for providing speedy trial of offences against
children or of violation of child rights and for
matters connected to children.

7. National Plan of Action for Children, 2005
1. It articulates clearly the rights,
perspective, and agenda for the
development of children.
2. It provides a robust framework within
which to promote the development
and protection of children.

Principles In National Plan Of Action:
1. Child is an asset and Person with Human
Rights.
2. To avoid the discrimination in legal status
for equality.
3. Priority to be given to most vulnerable,
poorest of poor and least served while
implementing policies and programme.
4. Needs to be addressed based on
developmental age.

Time Targets under NPA to be achieved By
2012
1. Reduce IMR
2. Reduce MMR
3. Reduce Malnutrition in Cildren.
4. 100% Birth Registration.
5. Quality Education for All Children with 100%
Access and Retention In School.

6. Abolition Of Female Foeticide, Infanticide and
Child Marriage.
7. Improve Water And Sanitation In Urban And
Rural area.
8. Protecting rights of children in difficult
situations.
9. Legal And Social Protection Of Child from
Abuse, Exploitation and Neglect.

10. Eliminate all forms Economic Exploitation
of Children that is Complete abolition Child
Labor.
11. Monitoring, Review and Reform of
policies, programmes and Laws.
12. Ensuring Child Participation in matters and
decisions affecting their Lives.

Integrated Child Protection Scheme (ICPS)
Launched in 2009-10 by the Ministry of Women
and Child Development.
To create a safe and secure environment in the
country for the comprehensive development of
children who are in need of care and protection,
children in conflict and in contact with law {either as
a victim or as a witness or due to any other
circumstances), children of migrant families,
children of prisoners, prostitutes, working children,
street children, trafficked or sexually exploited
children, child drug abusers, child beggars etc.

The objectives of the scheme are :
(1)Improve access to and quality of child protection
services.
(2)Raise public awareness about child rights
(3) Clearly articulated responsibilities and
accountability for child protection.
(4) Establish structures at all government levels
for delivery of statutory and support services to
children in difficult circumstances.
(5) Setting-up of an evidence based monitoring
and evaluation
system.

Services provided under ICPS are as follows :
1. Emergency outreach service through 'Child line',
dedicated number is 1098. It is a 24-hour toll free
telephone service available to all children in distress.
2. Open shelters for children in need, in urban and semi-
urban areas.
3. Family based non-institutional care through
sponsorship, foster-care, adoption, cradle baby
centers and after-care.
4. Institutional services through shelter homes, children
homes, observation homes, special homes, and
specialized services for children with special needs.

(5) Web-enabled child protection management
system including website for missing children.
(6) General grant-in-aid for need based
interventions. The growing vulnerability of
children in urban settlements, including those
caught in the shifting frame of migratory and
transient labor are also now in the MWCD
portfolio. Their distress and the difficult
circumstances of their childhoods merit special
measures of development and protection.

India’s Approach to Promotion and
Protection Of Child Rights:
1. 2006- Independent Ministry for Women
and Child development.
2. 2007- National Commission for
Protection of Child.
3. Setting Up state level Commission for
protection and promotion of child rights
in country.

4. Presence of NGOs, Community
Based people Group, Media acts as
watchdogs for protecting rights of
child.
5. 2011 -Third and Fourth combined
report released by GOI to analyze
implementation and challenges
faced in UN convection of child rights

Article Purpose
Article 2 Protection From Discrimination.
Article 5 Parents are responsible for ensuring that child rights
are protected.
Article 6 Right to survival and development.
Article 9 Right of the child who is separated from one or both
parents to maintain personal relationship or direct
contact with both parents on a regular basis.
Article 16 Protection of privacy.
Article 19 Protection from physical violence, abuse and
neglect.
Articles of UN Child Rights convection Applying To Child health:

Article 23 Right of disabled children to special
Care.
Article 22 Protection of Children Seeking refugee
status.
Article 28 Right to education.
Article 30 Right to have culture and religion.
Article 31 Participation in Leisure and play.
Article 34 Protection from Sexual Exploitation.

Food Security Bill (2011):
Entitle every child up to the age of fourteen
years—
(i) Age appropriate meal, free of charge,
through the local angan-wadi so as to meet
the nutritional standards specified in
Schedule II in the case of children in the age
group of six months to six years; and

(ii) one mid day meal, free of charge,
everyday, except on school holidays, in all
schools run by local bodies, Government
and Government aided schools, up to class
VIII, so as to meet the nutritional standards
specified in Schedule II in the case of
children in the age group of six to fourteen
years.

Right to Free and Compulsory
Education Act(2009):
1. Every child between the ages of 6 to 14
years has the right to free and compulsory
education. This is stated as per the 86th
Constitution Amendment Act via Article
21A.
2. The government schools shall provide
free education to all the children and the
schools will be managed by School
Management Committees (SMC). Private
schools shall admit at least 25% of the
children in their schools without any fee.

This act also gives various
recommendations regarding
1. Teacher student ratio
2. No compulsion of age proof for taking
admission,
3. Quality and Improvement in
Infrastructure of schools,
4. Qualification of teachers working in
school
5. Compulsion to teachers to acquire
required qualification within 5 years or
else they may loose the job.

Child marriage
 Early marriage is a long-established
custom in India. As early as 1929, the
Sharda Act was enacted forbidding the
practice of child marriages Even if Laws and
legislations are formed still in many states
child marriage is done at 15 years .
 The Child Marriage Restraint Act of
1978 raises the legal age of marriage
1) Girls 15 to 18 Years
2) Boys 18 to 21 years.

The Prohibition of Child Marriage Act, 2006
(PCMA)
It was enacted repealing the Child Marriage
Restraint Act of 1929 in order to prohibit child
marriage rather than only restraining them. PCMA
has been enforced with effect from 1st November,
2007.
 It makes child marriage an offence and makes
provision for punishment for those conducting I
abetting /promoting I permitting the Marriage.
 Delay in marriage will reduce number of births
by 20-30 %.

THE CHILDREN ACT, 1960
The Children Act, 1960 in India (amended in
1977) provides for the care, maintenance, welfare,
training, education and rehabilitation of the
delinquent child. It covers the neglected and
destitute, socially handicapped, uncontrollable,
victimized and delinquent children.
In Article 39 (f) the Constitution of India
provides that "the state shall in particular direct its
policy towards securing that childhood and youth
are protected against moral and material
abandonment.“

The Child Labour (Prohibition and Regulation)
Act,1986
Except in the process of family-based work or recognized
school-based activities, children are not permitted to
work in occupations concerned with
- Passenger, goods mail transport by railways
- Carpet weaving, Cinder picking, cleaning of ash-pits
-Cement manufacturing,
- Building construction operations,
-Cloth printing, Dyeing, weaving,
-Manufacturing of matches,
- explosives, fire-works,

-Beedi making,
-Mica cutting, splitting Abattoirs, Wool cleaning,
-Printing,
-Cashew descalding and
-Processing Soldering process in electronic
industries.
Child labour is rooted in poverty, unemployment
and lack of education. It is not possible to
completely ban it but improvement, prevention
of health hazards at working condition can be
done.

The National Children's Fund
It was created during the international
year of the child in 1979 under the
Charitable Endowment Fund Act, 1890.
The fund provides financial assistance to
voluntary agencies for implementing
programmes for the welfare of children
including rehabilitation of destitute
children.

JUVENILE JUSTICE ACT 1986
With the implementation of the Juvenile Justice Act,
1986, all Children's Acts applicable in different parts of
the country have been repealed.
The new Act, apart from rectifying the inadequacies of
Children's Act, provides a comprehensive scheme for
care, protection, treatment, development and
rehabilitation of delinquent juveniles. The new Act has
come into force from 2nd Oct 1987.
Some of the special features of the Act are :
a. It provides a uniform legal framework for juvenile
justice in the country.

b. It envisages specialized approach towards
prevention and treatment of juvenile delinquency in
keeping with the developmental needs of children.
c. It establishes norms and standards for
administration of juvenile justice in terms of
investigation, care, treatment and rehabilitation.
d. It lays down appropriate linkages and
coordination between the formal system of juvenile
justice and voluntary organizations. It specifically
defines the roles and responsibilities of both.

Juvenile Justice Act 2000
This act is for those child who are in conflict with the law
,who are in need for care and protection. It focuses on
addressing their developmental need and rehabilitation
where the best interest of the child is seen.
Juvenile is one who has not completed 18 years of age.
Juvenile in conflict with law as a child who is alleged to
have committed an offence and Children in need of care
and protection broadly as children who are neglected,
abused, abandoned, victim of any armed conflict or natural
calamity amongst others.

Chapters :
1) Juvenile in conflict with law
2) Children in need of care and protection.
3) Special chapter concerning rehabilitation and social
reintegration of children.
Juvenile in conflict with law as a child who is
alleged to have committed an offence.

Children in need of care and protection broadly as
children who are neglected, abused, abandoned,
victim of any armed conflict or natural calamity
amongst others.
Many agencies are provided by this act like
Juvenile Justice Boards Child Welfare Committees
Institutional care through children's homes,
observation homes, shelter homes, special homes
and aftercare organizations

Child placement
( 1) ORPHANAGES :
1. Children who have no home or who for some
reason could not be cared for by their parents
are placed in orphanages.
2. In such institutions, there is little opportunity
for the child to experience the warmth and
intimacy of family life, to develop emotional
security and to participate in activities that
would help him to become an adequate
citizen.

(2) FOSTER HOMES :
1. Fostering is an arrangement whereby a child
lives, usually on a temporary basis, with an
extended or unrelated family member. Such an
arrangement ensures that the birth parents do
not lose any of their parental rights or
responsibilities.
2. This arrangement cater to children who are
not legally free for adoption, and whose
parents are unable to care for them due to
illness, death or desertion by one parent, or
any other crisis.

(3) ADOPTION :
A. In addition to the more or less temporary
placement of children in foster or boarding
homes, children are legally adopted.
B. Legal adoption confers upon the child and
adoptive parents, rights and responsibilities
similar to that of natural parents.
C. The laws of adoption vary from country to
country; the relevant law in India is the
"Hindu Adoptions and Maintenance Act,
1956".

(4) BORSTALS :
1. Boys over 16 years who are too difficult to be
handled in a certified school or have
misbehaved there, are sent to a Borstal.
2. This institution falls in a category between a
certified school and an adult prison. A Borstal
sentence which is usually for three years,. is
regarded as a method of training and
reformation.
3. There are about six Borstals for boys in India
but none for girls. Borstals do not come under
the Children Act but are governed by the State
Inspector General of Prisons.

(5) REMAND HOMES :
1. In the remand home, the child is placed
under the care of doctors, psychiatrists and
other trained personnel.
2. Every effort is made to improve the mental
and physical well-being of the child.
3. Elementary schooling is given, various arts
and crafts are taught, games are played and
other recreational activities are arranged.

Protection Of Children From Sexual Offences
Act (POSCO 2012)
First Comprehensive Law on Sexual Abuse
In India.
Protection to children who have suffered
Sexual Abuse.( Sexual harassment,
pornography)
Doctors have to promptly and adequately
respond to Child victims.

Provides safeguards, best interest and
wellbeing of child at every stage of justice
process.
If the hospital staff, doctor or police
commits this offence or child is mentally
ill then acts define sexually assault to be
aggravated.

QUESTIONS:
Rights Of Children.

SUMMARY
We have discussed Rights Of Children,
India’s Approach to protect and promote
Child Rights, National Policy for children,
Various Acts related to Food, Child Education,
Child Marriage And Child Labor, Integrated
Child Protection Scheme, National Children
Fund, Juvenile Justice Act, Child Placement
and POSCO Act in detail.

CONCLUSION
Knowledge Of Rights of Children is very important
for Nursing Personnel. These rights are to protected and
Children are to reared with full support and without
discrimination. It is the responsibility of every citizen of
the country to protect these rights and then if any
violation is reported promptly reporting it to the
concerned Authority. Health Education about various
laws regarding children to public can modify their
behaviour while behaving towards a Child. Hereby I
conclude that this presentation was beneficial for all
and understood well.

DISCUSSION
A) Have you encountered to the situation where
there was a violation Of The Rights Of Children?
What You have Done ? How You Should Have
Acted on ?
B) Are there The cases Of Child Abuse Coming in
your wards or Have you seen them? What are the
common types among them? What will be
Nurse’s Responsibility?

Bibliography
1) Ghai Essentials of Pediatrics 9th Edition CBS Publication P No. 786-
789.
2) Parul datta Pediatric Nursing 2nd Edition Jaypee publication P No.
08-11.
3) World bank Assisted Maharashtra Health System development
Project, Module IV Pediatric, Mrs Mekhe and Mrs. Patekar R G. P No. 6
4) Suraj Gupte, The Short textbook of Pediatrics 10th Edition,
Jaypee publication P No.77
5) Park’s Textbook of Preventive And Social Medicine, 21st Edition,
Bhanot Publication P. No.542,543,508,509,510,511.
6)InternetSourceshttps://www.google.com/search?q=special+laws+an
d+ordinance+related+to+children&rlz

CHILDREN'S RIGHTS AND LAWS

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