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The Rights Of The Child:
The Indian Scenario
Group members :
Nadia Rawat
Neelam Shehria
Nikhil T
Nikita Dubey
Parika Gupta
Md. Adil Khan
Piyush Labana
Pragun Bagla
Prateek K. Sharma
Priya Raj Kaur
Md.Shameen Sha. T
• Recommendation to
enhance child protection
mechanism
• Gaps in the process of
adoption
• Analysis of legislation
• Role of CARA
• Inadequate health
infrastructure
• Limited accessibility
• Educational inequalities
• The issue of child labour,
bonded labour, begging
• Child Trafficking
• Protection from physical
and
• sexual exploitation
PROTECTION
AGAINST
EXPLOITATION
HEALTH AND
DEVELOPMENT
JUSTICE
ADOPTION
AND
GUARDIANSHI
P
Research Methodology
• Doctrinal and non empirical.
• Quantitative Components:
-analyzing secondary data from government report, survey and database.
• Qualitative Components:
-conducting semi structured interview with NGO’s and child rights activist.
• Quantitative Analysis – statistical techniques to examine prevalence, patterns
and indicators
• Qualitative Analysis – analysis to identify key themes patterns and narratives
• Ethical Consideration – informed consent ensuring confidentiality and privacy.
Mr. Ajeet Singh on Human Trafficking Ms. Tripti Gurga on Adoption of Child Mr. Sudhir Katiyar on Neo- Bondage
Geneva Declaration of Rights of Child adopted by the League of
Nations, 1924.
Declaration of Rights of Child adopted by the United Nations
General Assembly, 1959
Universal declaration of Human Rights, 1948
The Hague Conventions from Conference on Private
International Law.
The Social Clause - World Trade Organisation refers core
principles of the International Labour Organisation.
International Instruments
Evolution of jurisprudence of child rights in
India
• Apprentice Act of 1850
• The Madras Children Act, 1920; in 1960 - Children’s Act.
• The Juvenile Justice Act, 1986
• The Juvenile Justice (Care and Protection of Children) Act, 2000
• Prohibition of Child Marriages Act, 2006 (PCMA)
• Child Labour (Prohibition and Regulation) Act, 1986
• Commissions for Protection of Child Rights.
• Ban on Corporal Punishment - December 1, 2000.
• Right to Education Act, 2009 (RTE)
• The Protection of Children from Sexual Offences Act, 2012 (POCSO)
The right to health can be regarded as part of human rights and applicable to all, children constitute the most neglected
segment having been denied adequate health care. Moreover, children are totally dependent upon adults for all of their
needs. In the absence or a lack of adequate parental care, the State must be responsible to meet their health needs by
making child-centric policies and sufficient allocation of funds.
• The Child Health programme under the Reproductive,
Maternal, Newborn, Child and Adolescent (RMNCH+A)
Strategy of the National Health Mission (NHM),
comprehensively integrates interventions that improve child
health and nutrition status and addresses factors contributing
to neonatal, infant, under-five mortality and malnutrition.
• Under National Health Mission (NHM) the provision of
health care to children particularly in rural areas is given
priority attention .The impact of these concerted efforts was
clearly visible on the under 5 mortality rate which came
down from 111 per 1000 live births in 1990 to 37 in 2017.
We now need to be on track to reach the Sustainable
Development Goals (SDG) target of 25 by 2030.
RIGHT TO HEALTH
SOURCE: Sample registration system (2017)
CHILD HEALTH GOALS
❖INDIA NEW BORN ACTION PLAN(INAP)- launched in 2014 through which India envisions action plan that
eliminates preventable deaths of new-borns and stillbirths where babies and children survive, thrive and reach their
full potential . It targets to achieve single digit neonatal mortality rate(NMR) and still birth rate(SBR) by
2030.INAP target for NMR and SBR for year 2017(NMR-24, SBR-19) and 2020(NMR-21,SBR-17) have been
successfully achieved.
❖Malnutrition is considered to be the underlying cause of 45% of child deaths.
Some Nutrition related interventions are :
➢ The Integrated Child Development Scheme (ICDS),
launched in 1975, has addressed the nutrition and education
needs of pre-school children and has evolved over time to
cover the 0–6 y age range.
➢ The Midday meal scheme (under the Ministry of
Education) is a centrally sponsored scheme which was
launched in 1995.In 2021, it was renamed as 'Pradhan
Mantri Poshan Shakti Nirman' scheme (PM Poshan
Scheme) and it also covers students of balvatikas (children in
the 3–5-year age group) from pre-primary classes. Address
hunger and malnutrition, increase enrolment and attendance
in school, improve socialisation among castes, provide
employment at grassroot level especially to women.
• Constitutional Guarantees that are meant specifically for children include:
• Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A)
• Right to be protected from any hazardous employment till the age of 14 years (Article 24)
• Right to be protected from being abused and forced by economic necessity to enter occupations
unsuited to their age or strength (Article 39(e))
• Right to equal opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and guaranteed protection of childhood and youth against exploitation and
against moral and material abandonment (Article 39 (f))
• Right to early childhood care and education to all children until they complete the age of six years
(Article 45)
• Besides, Children also have rights as equal citizens of India, just as any other adult male
or female:
• Right to equality (Article 14)
• Right against discrimination (Article 15)
• Right to personal liberty and due process of law (Article 21)
• Right to being protected from being trafficked and forced into bonded labour (Article 23)
• Right of minorities for protection of their interests (Article 29)
• Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46)
• Right to nutrition and standard of living and improved public health (Article 47)
RIGHT TO EDUCATION
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009
• It ensures free and compulsory education for children aged 6 to 14 years.
• It mandates free and compulsory education, ensuring access, equity, and quality.
• The Act prohibits discrimination, including against disadvantaged groups.
• Progress Achieved:
• Significant progress has been made in terms of enrollment and reducing dropout
rates.
• The gross enrollment ratio (GER) at the primary level has increased over the years.
• More girls are attending school, narrowing the gender gap in education.
Report On UDISE+ by Ministry Of Education
• Government Initiatives in School Education
Sector
• Sarva Shiksha Abhiyan (SSA)
• Beti Bachao, Beti Padhao
• The Rashtriya Avishkar Abhiyan (RAA)
• Saransh
• Shala Darpan
• e-Pathshala
• Swachh Vidyalaya
• Select Best Practices in India in Education
• Mukhyamantri Balika Cycle Yojana – Bihar
• Migration Card and Migration Monitoring
Software – Gujarat
• Swami Vivekananda Youth Empowerment
Scheme 2023 –UP
• Pratibha Parv – Strengthening Quality of
Education in Government Schools- Madhya
pradesh
• Challenges:
• Access to Education:
▪ Disparities in access to education persist, particularly in rural and remote areas.
▪ Issues like poverty, child labor, and inadequate infrastructure hinder access.
▪ Children belonging to marginalized communities face additional barriers.
• Quality of Education:
▪ Ensuring quality education remains a challenge in many schools.
▪ Lack of well-trained teachers, insufficient resources, and outdated teaching methods impact
learning outcomes.
▪ Low learning levels and high dropout rates continue to be concerns.
•17% of people in forced labour are children.
•Agriculture, Industrial, Commercial: areas where child workers are
employed.
•Female children indulged in Forced labour work as Domestic workers in
household.
JUVENILE JUSTICE
• BACKGROUND OF CHILD DELINQUENCY
• Nowadays, juveniles are engaging in various serious offences like rape, murder, dacoity, theft, robbery. There are innumerable causes behind the psychic of a
delinquent child
• Biological causes -
1. Ocular Ailments- leads to irritability and discomfort which will further hamper them in leading a moral life.
2. Hearing Problem- deafness leads to the incapability to do any work properly which further leads to antisocial behaviour.
3. Excessive Strength- A child who is possessed with excessive strength and his mental trait being uncultured will lead to the imbalance in the body which will further
encourage a child to do a crime.
• Societal and Environmental causes -
1. Family Background- a hostile aggressive parenting atmosphere becomes an easy prey
to criminality.
1. Socio-Economic Condition
2. Neighbourhood-
3. Trend of Alcoholism
4. Peer Pressure
RECOMMENDATIONS
• Need to provide for house detention of minors unless they pose a threat to
the family members or if parents are incapable of monitoring their
activities.
• The Juvenile Justice (Care and Protection) Act should be strengthened.
• Early intervention and prevention strategies to identify at-risk children and
provide the necessary support and services to prevent delinquent behaviour.
• Provide vocational training and skill development courses and
certificationcourse.
• To make this rehabilitation process successful, it is necessary to provide
continued therapeutic training.
• The Child Labour Act to define what constitutes "hazardous work".
• A need for a central law on Beggary which is presently regulated by the state
laws.
• Private unaided schools should be encouraged to enroll students from poorer
socioeconomic backgrounds.
• Bring uniformity in adoption laws in India which are presently regulated by
the JJ Act and the Hindu (Adoption and Guardianship) Act create
inconsistency.
• Easing the process of adoption.
• Minimum standards for all aspects of quality of education, including
infrastructure, curriculum, teachers training, education and other pedagogic
dimensions must be prescribed.
THANKYOU!

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Group_4_PPT.pptx Child rights human rights

  • 1. The Rights Of The Child: The Indian Scenario
  • 2. Group members : Nadia Rawat Neelam Shehria Nikhil T Nikita Dubey Parika Gupta Md. Adil Khan Piyush Labana Pragun Bagla Prateek K. Sharma Priya Raj Kaur Md.Shameen Sha. T
  • 3.
  • 4. • Recommendation to enhance child protection mechanism • Gaps in the process of adoption • Analysis of legislation • Role of CARA • Inadequate health infrastructure • Limited accessibility • Educational inequalities • The issue of child labour, bonded labour, begging • Child Trafficking • Protection from physical and • sexual exploitation PROTECTION AGAINST EXPLOITATION HEALTH AND DEVELOPMENT JUSTICE ADOPTION AND GUARDIANSHI P
  • 5. Research Methodology • Doctrinal and non empirical. • Quantitative Components: -analyzing secondary data from government report, survey and database. • Qualitative Components: -conducting semi structured interview with NGO’s and child rights activist. • Quantitative Analysis – statistical techniques to examine prevalence, patterns and indicators • Qualitative Analysis – analysis to identify key themes patterns and narratives • Ethical Consideration – informed consent ensuring confidentiality and privacy.
  • 6. Mr. Ajeet Singh on Human Trafficking Ms. Tripti Gurga on Adoption of Child Mr. Sudhir Katiyar on Neo- Bondage
  • 7. Geneva Declaration of Rights of Child adopted by the League of Nations, 1924. Declaration of Rights of Child adopted by the United Nations General Assembly, 1959 Universal declaration of Human Rights, 1948 The Hague Conventions from Conference on Private International Law. The Social Clause - World Trade Organisation refers core principles of the International Labour Organisation. International Instruments
  • 8. Evolution of jurisprudence of child rights in India • Apprentice Act of 1850 • The Madras Children Act, 1920; in 1960 - Children’s Act. • The Juvenile Justice Act, 1986 • The Juvenile Justice (Care and Protection of Children) Act, 2000 • Prohibition of Child Marriages Act, 2006 (PCMA) • Child Labour (Prohibition and Regulation) Act, 1986 • Commissions for Protection of Child Rights. • Ban on Corporal Punishment - December 1, 2000. • Right to Education Act, 2009 (RTE) • The Protection of Children from Sexual Offences Act, 2012 (POCSO)
  • 9. The right to health can be regarded as part of human rights and applicable to all, children constitute the most neglected segment having been denied adequate health care. Moreover, children are totally dependent upon adults for all of their needs. In the absence or a lack of adequate parental care, the State must be responsible to meet their health needs by making child-centric policies and sufficient allocation of funds. • The Child Health programme under the Reproductive, Maternal, Newborn, Child and Adolescent (RMNCH+A) Strategy of the National Health Mission (NHM), comprehensively integrates interventions that improve child health and nutrition status and addresses factors contributing to neonatal, infant, under-five mortality and malnutrition. • Under National Health Mission (NHM) the provision of health care to children particularly in rural areas is given priority attention .The impact of these concerted efforts was clearly visible on the under 5 mortality rate which came down from 111 per 1000 live births in 1990 to 37 in 2017. We now need to be on track to reach the Sustainable Development Goals (SDG) target of 25 by 2030. RIGHT TO HEALTH SOURCE: Sample registration system (2017) CHILD HEALTH GOALS
  • 10. ❖INDIA NEW BORN ACTION PLAN(INAP)- launched in 2014 through which India envisions action plan that eliminates preventable deaths of new-borns and stillbirths where babies and children survive, thrive and reach their full potential . It targets to achieve single digit neonatal mortality rate(NMR) and still birth rate(SBR) by 2030.INAP target for NMR and SBR for year 2017(NMR-24, SBR-19) and 2020(NMR-21,SBR-17) have been successfully achieved. ❖Malnutrition is considered to be the underlying cause of 45% of child deaths. Some Nutrition related interventions are : ➢ The Integrated Child Development Scheme (ICDS), launched in 1975, has addressed the nutrition and education needs of pre-school children and has evolved over time to cover the 0–6 y age range. ➢ The Midday meal scheme (under the Ministry of Education) is a centrally sponsored scheme which was launched in 1995.In 2021, it was renamed as 'Pradhan Mantri Poshan Shakti Nirman' scheme (PM Poshan Scheme) and it also covers students of balvatikas (children in the 3–5-year age group) from pre-primary classes. Address hunger and malnutrition, increase enrolment and attendance in school, improve socialisation among castes, provide employment at grassroot level especially to women.
  • 11. • Constitutional Guarantees that are meant specifically for children include: • Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A) • Right to be protected from any hazardous employment till the age of 14 years (Article 24) • Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)) • Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)) • Right to early childhood care and education to all children until they complete the age of six years (Article 45)
  • 12. • Besides, Children also have rights as equal citizens of India, just as any other adult male or female: • Right to equality (Article 14) • Right against discrimination (Article 15) • Right to personal liberty and due process of law (Article 21) • Right to being protected from being trafficked and forced into bonded labour (Article 23) • Right of minorities for protection of their interests (Article 29) • Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46) • Right to nutrition and standard of living and improved public health (Article 47)
  • 14. • The Right of Children to Free and Compulsory Education (RTE) Act, 2009 • It ensures free and compulsory education for children aged 6 to 14 years. • It mandates free and compulsory education, ensuring access, equity, and quality. • The Act prohibits discrimination, including against disadvantaged groups. • Progress Achieved: • Significant progress has been made in terms of enrollment and reducing dropout rates. • The gross enrollment ratio (GER) at the primary level has increased over the years. • More girls are attending school, narrowing the gender gap in education.
  • 15. Report On UDISE+ by Ministry Of Education
  • 16. • Government Initiatives in School Education Sector • Sarva Shiksha Abhiyan (SSA) • Beti Bachao, Beti Padhao • The Rashtriya Avishkar Abhiyan (RAA) • Saransh • Shala Darpan • e-Pathshala • Swachh Vidyalaya • Select Best Practices in India in Education • Mukhyamantri Balika Cycle Yojana – Bihar • Migration Card and Migration Monitoring Software – Gujarat • Swami Vivekananda Youth Empowerment Scheme 2023 –UP • Pratibha Parv – Strengthening Quality of Education in Government Schools- Madhya pradesh
  • 17. • Challenges: • Access to Education: ▪ Disparities in access to education persist, particularly in rural and remote areas. ▪ Issues like poverty, child labor, and inadequate infrastructure hinder access. ▪ Children belonging to marginalized communities face additional barriers. • Quality of Education: ▪ Ensuring quality education remains a challenge in many schools. ▪ Lack of well-trained teachers, insufficient resources, and outdated teaching methods impact learning outcomes. ▪ Low learning levels and high dropout rates continue to be concerns.
  • 18.
  • 19. •17% of people in forced labour are children. •Agriculture, Industrial, Commercial: areas where child workers are employed. •Female children indulged in Forced labour work as Domestic workers in household.
  • 20.
  • 21. JUVENILE JUSTICE • BACKGROUND OF CHILD DELINQUENCY • Nowadays, juveniles are engaging in various serious offences like rape, murder, dacoity, theft, robbery. There are innumerable causes behind the psychic of a delinquent child • Biological causes - 1. Ocular Ailments- leads to irritability and discomfort which will further hamper them in leading a moral life. 2. Hearing Problem- deafness leads to the incapability to do any work properly which further leads to antisocial behaviour. 3. Excessive Strength- A child who is possessed with excessive strength and his mental trait being uncultured will lead to the imbalance in the body which will further encourage a child to do a crime. • Societal and Environmental causes - 1. Family Background- a hostile aggressive parenting atmosphere becomes an easy prey to criminality. 1. Socio-Economic Condition 2. Neighbourhood- 3. Trend of Alcoholism 4. Peer Pressure
  • 22.
  • 23.
  • 24. RECOMMENDATIONS • Need to provide for house detention of minors unless they pose a threat to the family members or if parents are incapable of monitoring their activities. • The Juvenile Justice (Care and Protection) Act should be strengthened. • Early intervention and prevention strategies to identify at-risk children and provide the necessary support and services to prevent delinquent behaviour. • Provide vocational training and skill development courses and certificationcourse. • To make this rehabilitation process successful, it is necessary to provide continued therapeutic training.
  • 25. • The Child Labour Act to define what constitutes "hazardous work". • A need for a central law on Beggary which is presently regulated by the state laws. • Private unaided schools should be encouraged to enroll students from poorer socioeconomic backgrounds. • Bring uniformity in adoption laws in India which are presently regulated by the JJ Act and the Hindu (Adoption and Guardianship) Act create inconsistency. • Easing the process of adoption. • Minimum standards for all aspects of quality of education, including infrastructure, curriculum, teachers training, education and other pedagogic dimensions must be prescribed.