- The document discusses children and issues pertaining to children in India. It aims to explain the vulnerability of children and gain knowledge on the status of children in India. - Children are considered one of the most vulnerable populations due to factors such as dependence, innocence, lack of awareness, lack of political influence and economic power. - In India, millions of children are involved in child labor, child marriage, trafficking and living on the streets. Malnutrition, anemia and other health issues afflict many Indian children. - The document categorizes vulnerable children as those in conflict with the law (offenders) and those in need of care and protection (victims). It provides statistics and discusses causes and consequences of

1. ISSUES PERTAINING
TO
CHILDREN AND CAUSES

2. At the end of this course you will be able to:
• explain vulnerability of children
• gain knowledge on status of children in India;
• understand the types of vulnerable children
• recognized the children issues in India;
• describe the causes and consequences pertaining to children
issues ;
LEARNING OBJECTIVES

3. Why do children are considered as one of the
vulnerable population of our society ?
• Women and Children are among the most vulnerable populations in the world
suffering the most from illness, poverty and disparity;
• Children are mostly dependent population and innocent by nature which may
cause risk to exploitations, abuse and neglect;
• Children are physically and mentally immature in comparison to adults thus
they are more possibility to vulnerable situation;
• Children are unaware about vulnerable situations and their consequences and
thus they trapped by adult easily;
• Children are not seen as right holder instead priority given on their welfare;
• Children have no votes or political influence and little economic power. Too
often, their voices are not heard.
INTRODUCTION

4. GLOBAL: CHILD PROTECTION STATUS
• 168 million children are involved in child labour ( Source: International Labour
Organization (2013) marking progress against Child Labour: Global Estimates
and Trends 2000-2012)
• 1/3 of women aged 20 - 24 in the developing world are married as children.
(Source: UNICEF (2010) Progress for Children, Achieving the MDGs with
Equity)
• Over half a million people die violently each year the majority are homicides
in countries that are at peace. (Geneva Declaration Secretarial (2011) Global
Burden of Armed Violence: Lethal Encounter)
• Worldwide, more than 1 million children are detained by the justice system
at any one time. (Paulo Sergio Pinheiro (2006) World Report on Violence
against Children. UN Secretary-Generals Study on Violence against Children)

5. • Every fifth child in the world lives in India.
• 28 million child laborer aged 5-14 years, NFHS 2005-06
• 24 million girls married before the age of 18, DLHS-3, 2007-08
• 15 million child migrants, UNESCO/UNICED research 2013
• 11 million street children, Estimated
• 12 million adolescents girls have experienced physical violence
since age 15, Census 2011
• 33000 children in conflict with law as per NCRB S2013
• Every third malnourished child in the world lives in India.
• Every second Indian child is underweight.
• Three out of four children in India are anemic.
• Every second new-born has reduced learning capacity due to
iodine deficiency.
STATUS OF CHILDREN IN INDIA

6. Contd..
• Decline in female/male ratio is maximum in 0-6 years:
• 927 females per 1000 males., Census 2011
• 914 girls below the age of 6 per 1000 boys, Census 2011
• Birth registration is just 62% (RGI - 2004).
• Retention rate at Primary level is 71.01%
• Girls’ enrolment in schools at primary level is 47.79% (Elementary
Education in India Progress towards UEE NUEPA Flash Statistics DISE
2005-2006).
• IMR is as high as 58 per 1000 live births (SRS 2005).
• MMR is equally high at 301 per 100,000 live births (SRS 2001- 03).
• Children born with low birth rate are 46% ( NFHS- Ill).
• Children under 3 with anaemia are 79% ( NFHS- Ill).
• Immunization coverage is very low (polio- 78.2%, measles8.8%, DPT-
55.3%, BCG- 78% (NFHS- Ill) ;1

7. CATEGORIES OF VULNERABLE CHILDREN
Juvenile Justice (Care and protection of Children) Act 2016 defines
that the vulnerability of children may divided in to following types
(CHILD IN CONFLICT WITH LAW)
OFFENDER
(CHILD IN NEED OF CARE AND
PROTECTION) VICTIM

8. Juvenile in conflict with law means a child who is alleged or found to have
committed an offence and has not completed eighteen years of age as on the
date of commission of such offence. (Sec-2 (13))
CHILD IN CONFLICT WITH LAW (OFFENDER)

9. TYPES OF CRIMES COMMITTED BY CHILDREN
As per Juvenile Justice (Care and protection of Children) Act 2015, offences
committed by children in conflict with law have been defined in the following
categories.
• Heinous 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
• Serious 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
• Petty 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

10. FACTS AND FIGURES
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)

11. CAUSES OF CHILDREN IN CONFLICT WITH LAW
Children are innocent by nature. Reviews show that due to multiple factors,
including psychosocial factors like lack of parenting style, poor social support,
financial problem, peer pressure, lack of supervision in school, malevolent
environmental, marital problems, broken home, poor academic performance,
substance use in the family and other factors many children adopt behaviors which
are defined as delinquent and sometimes being “in conflict with law”. These
behaviors range from emotional outburst, petty thefts, substance abuse, violent or
aggressive behavior to more serious types of crimes.
The principle of Juvenile Justice (Care and Protection of Children) Act 2015 says that
“any child shall be presumed to be an innocent of any mala fide or criminal intent up
to the age of eighteen years”. Juvenile Justice System emphasis that Children legal
issues need to be focused in order to provide care and protection of children and
they must be entitled to a fresh chance to begin his life. The child probably lacks
foresight on the repercussions /consequences of his actions. It is accepted that a
child offender should not be given punishment based on the kind of offence he /she
has committed but should be given an individual treatment which is reformative in
nature and which is based on his /her need, psychological and social background.

12. Individual Factors: There are individual factors like lack of self control, fear,
feeling of insecurity, aggression, submissiveness, impulsiveness and emotional
conflicts
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.
Contd..

13. Contd..
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

14. Children in conflict with law have psychological problems of depression,
lack of personal attention, emotional deprivation, separation anxiety, and
lack of bonding, lack of creativity, low self-esteem, interpersonal
relationship problems, concentration and poor study habits, difficulty in
main streaming and adjustment in society.
Research says that Children in conflict with law suffer from psychiatric
illness. Children suffer from following psychological problems like;
depression, anxiety, personality problems, obsessive compulsive disorder
(OCD), substance use, phobia, suicidal tendencies, conduct problems and
learning disabilities.
CONSEQUENCES OF JUVENILE DELINQUENCY

15. PROCEDURES TO DEAL WITH CHILDREN IN
CONFLICT WITH LAW (CCL)
 As soon as a CCL is apprehended by
police, he/she shall be placed under the
charge of the special juvenile police
unit or the designated police officer
who shall immediately report the
matter to a member of the JJB within
24 hrs.
 No CCL is to be kept in a police station,
police lock-up or any prison
 Inquiry by the JJB shall be completed
within 4 months from the date of its
commencement.
 After due inquiry JJB can pass direction
to handover the CCL to his/her parents
after counseling, Community Service,
bail to CCL if required, released on
probation, place in observation home
or special home or fit institution etc.
CCL
POLICE
JJB
• Handover to
Parents /Bail
• Counseling
• Fit Person
Inquiry
• Observation
Home
• Special Home
• Fit Institution

16. CHILDREN IN NEED OF CARE AND PROTECTION (VICTIM)

17. Child in need of care and protection means a child who is:
• Abandoned child
• Orphan child
• Missing or runaway
• Victim of natural or man made capacity
• Victim of abuse and exploitation
• Mentally and physically challenged
• Mentally or physically ill
• HIV / AIDS affected or infected
• Suffering from terminal illness
• Trafficked for labour / sexual purposes
• Victim of any armed conflict, civil commotion or natural calamity
• Street child
• Working child
• Surrendered
• A child who is found begging
CHILDREN IN NEED OF CARE AND PROTECTION (VICTIM)

18. ISSUES PERTAINING TO CHILD RIGHTS
There are several issues pertaining to child rights worldwide which can be categorised as
per their major rights defined by UNCRC.
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, which is the
highest number within a single country. There has been a substantial decrease in child
mortality in the past two decades in India.
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 India’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.
Lack of education: UN report recently revealed that India is home to the world’s largest
population of illiterate adults (287 million) and contributes 37% of the global total. While
the latest data shows that literacy rose from 48% (1991) to 63% (2006), population
growth cancelled out these gains, meaning no effective change in the number of
illiterates. However, girl child education requires not only investment but also social
awareness that educated girls are a valuable asset.

19. Crime against children: Children are the most
vulnerable and innocent victims of crimes. There is
no separate classification of offences against
children as per NCRB. Generally, the offences
committed against children or the crimes in which
children are the victims are considered as crime
against children. Crimes against children include;
physical and emotional abuse, neglect and
exploitation (such as; child pornography, kidnapping
& abduction, Selling of minors for prostitution, child
labour, child marriage, missing children etc). As per
the National Crime Record Bureau (NCRB), Crime
against children in India has increased by a sharp 11
percent between 2015 and 2016.
Contd..

20. CAUSES OF ISSUES PERTAINING TO CHILDREN
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 child’s parents, the family’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 (OOSC) 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.

21. 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. People from the lower caste or the tribal
communities, women and children from the excluded groups of the society
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.
Source: Times of
India
Contd..

22. Child Sexual Abuse: Child sexual abuse is one of the most pressing concerns of the
day. The World Health Organization (WHO) defines Child Sexual Abuse (CSA) as
“the involvement of a child in sexual activity that he or she does not fully
comprehend, is unable to give informed consent to, or for which the child is not
developmentally prepared and cannot give consent, or that violates the laws or
social taboos 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.
According to a 2007 study conducted by India's ministry of women and child
development, 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.
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, poor-self confidence, sleep
disturbances, dissociative attack etc.
Contd..

23. 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.
Contd..

24. • social and cultural norms — gender, caste, geographical
• lack of data and mis system
• lack of rehabilitation and follow-up mechanism
• lack of coordination among various departments in child welfare
• lack of community participation and ownership of issues
• standard of rehabilitation homes.
OTHER CAUSES PERTAINING TO CHILDREN ISSUES

25. PROCEDURES TO DEAL WITH CHILDREN IN
NEED OF CARE AND PROTECTION
Child Welfare Committee (CWC)
 Rehabilitation
 Education
 Vocational Training
 Physical/Mental Development
 Nutrition
 Medicare
Fit Person
Fit Institutions
Parents/Guardian
Children Home NGO run Child Care
Institution
Responsibly towards Children
Enquiry
Child In Need of Care and Protection

26.  Any individual can produce a child in of care and protection before CWC. If
required help can be taken from Childline or police (toll free no. 1098 or 100)
 Committee to prima facie determine age of child to determine its jurisdiction,
pending further inquiry.
 Assign case to social worker, case worker or child welfare officer or NGO for
conducting Social Investigation report (SIR)
 Direct person or organization to develop Individual Care Plan (ICP) for
rehabilitation and reintegration of child
 In all pending cases, committee to direct person or institution to take steps for
rehabilitation of child from first production itself
 Final order to be passed within 4 months of first production of child
 Before restoring the child, committee to refer child and parents to the counselor
 Committee will emphasis to rehabilitate the child through non-institutional
services under JJ Act.
Contd..