Introduction

They are abandoned. They do not get a chance to step in a school.

They are left to fend for themselves on the streets. They suffer from many
forms of violence. They do not have access to even primary healthcare.
They are subjected to cruel and inhumane treatments every day. They are
children innocent, young and beautiful who are deprived of their rights.
In the history of human rights, the rights of children are the most ratified.
The United Nations Convention on the Rights of the Child (UNCRC)
defines Child Rights as the minimum entitlements and freedoms that should
be afforded to every citizen below the age of 18 regardless of race, national
origin, colour, gender, language, religion, opinions, origin, wealth, birth
status, disability, or other characteristics.
These rights encompass freedom of children and their civil rights, family
environment, necessary healthcare and welfare, education, leisure and
cultural activities and special protection measures. The UNCRC outlines the
fundamental human rights that should be afforded to children in four broad
classifications that suitably cover all civil, political, social, economic and
cultural rights of every child:
1. Right to Survival:
Right to be born
Right to minimum standards of food, shelter and clothing
Right to live with dignity
Right to health care, to safe drinking water, nutritious food, a clean
and

safe environment, and information to help them stay healthy

2. Right to Protection:
Right to be protected from all sorts of violence
Right to be protected from neglect

 Right to be protected from physical and sexual abuse

Right to be protected from dangerous drugs
3. Right to Participation:
Right to freedom of opinion
Right to freedom of expression
Right to freedom of association
Right to information
Right to participate in any decision making that involves him/her
directly

or indirectly

4. Right to Development:
Right to education
Right to learn
Right to relax and play
Right to all forms of development emotional, mental and physical

Impact of the Convention of the Child Rights

A milestone in the international human rights legislation, the
Convention on the Rights of the Child has been instrumental in putting all
the issues pertaining to children issues on the global as well as national
agenda. In addition to this, it has extensively mobilized actions for the
realization of the rights and development of children worldwide.
It was not an overnight initiative that resulted in the adoption of the Child
Rights. It took several years of movements and activism on shaping
favourable, positive and constructive attitudes toward children, and also
inciting actions to improve their well-being. The enormous efforts involved
toward the implementation of the Convention, the significant amount of
resources committed to this cause, and the overall effectiveness of the

systems put in place for the execution process have a bearing on the success
of child well-being outcomes.
Over the last 20 or so years, implementation of the Convention and its
effect on child well-being varied from country to country and from one
region of the world to the other. Based on analysis, there has been
outstanding progress at a global level in addressing the issues related to
children. These include progress in access to services, reaching their fullest
potential through education, enactment of laws that upholds the principle of
the best interests of child, and child survival.
Though a noteworthy progress has been achieved, yet in developing
countries, particularly India, there is still a long way to go in realising the
rights of children. Though all the relevant rules and policies are in place,
there is a lack in enforcement initiatives. As barriers, there are several
factors that forbid effective implementation of the laws. Due to relatively
low success in achieving concrete child development outcomes in India, the
condition of underprivileged kidsand underprivileged youth is harsh and
needs urgent attention. There is a need to intensify efforts for children
welfare at all levels to implement the rules and provisions of the Convention
and contribute to create a world suitable for children.

Child Rights and the world

People from across the world striving for social justice have often
directed their efforts toward the most vulnerable in societythe children.
From Princess Diana's charitable work on behalf of children to the efforts of
activists like Grace Abbott and the youngest Nobel laureate in historyMs.
Malala

Yousafzai,

these

famous

children's

right

activists

have

put

commendable efforts in helping improve the lives of the youngest citizens.

2014 Nobel Peace Prize awardeesMs. Malala Yousafzai and Mr. Kailash
Satyarthi have reminded us all of the need to keep on advancing in
providing opportunities that has an important effect on all children. The
opportunities are meant to be meaningful enough to allow them to learn and
gain the mindsets and skills that would empower them to be free, develop
themselves, their communities and the world.
Mr. Kailash Satyarthis struggle to liberate children from child labour
had cost him many life threats, including bullet wounds by those who
exploit young boys and girls for economic gain. Wearing flak jackets, and
armed with strong determination, he and his team raided many illegal
factories and mines to rescue the children who are sold into servitude. It has
been 30 years now since he started his movement. A movement that has one
clear purposeno child shall be a slave.
On the other hand, when one thinks of Ms. Malala Yousafzai, the first
thing that pops in ones mind is education. The second iseducation for
girls. In 2009, when she was just 11, she wrote to BBC about the norm of
banning female education under the Taliban regime in the Swat Valley (her
hometown). Her article gained tremendous momentum worldwide. She
started her fight for the education of girls at that small age and began to
speak publicly and to the press, which caused her and her family receive
constant death threats.
I strongly feel that this is a big honour to hundreds of millions of
the children who have been deprived of their childhood and freedom and
education. Mr. Kailash Satyarthi.
I speak not for myself but for those without voice... those who have
fought for their rights... their right to live in peace, their right to be treated
with dignity, their right to equality of opportunity, their right to be
educated. Ms. Malala Yousafzai.

The Right to Education

The father of modern educationJohn Amos Comenius proposed
all persons should be educated, so we could have peace in the world.
Visionaries of the world understood that peace meant guaranteeing every
person certain rights that are conditional for humanityeducation being one
of the most important.
The addition of the Right to Education (RTE) in the Universal
Declaration of Human Rights in 1948 was the beginning of a remarkable
expansion of educational opportunities around the world. The parliament of
India enacted the Right of Children to Free and Compulsory Education Act
or Right to Education Act (RTE) on August 2009. The same got enforced on
April 1st 2010.
As per the act, education is a fundamental right of every child who is
between 6 and 14 years old. The act also states that until the completion of
elementary education, no child shall be held back, expelled or required to
pass a board examination. There is also a provision for special training of
school drop-outs to bring them up to par with students of the same age.
As a charity for child rights, Smile Foundation has been providing
education to marginalized children in poor rural and urban communities in
25 states of the country. Its flagship programme - Mission Education
exemplifies the global struggle for universal education. The programme has
succeeded in bringing more than 200,000 children to school since its start in
the year 2002.

Underprivileged kids lag at all stages of education. When earning a

livelihood and taking care of the members of the family becomes a primary
matter of concern in ones life, education stands a little or, very often, no
chance of pursuance. For the millions of underprivileged people in India ,
education is a high-priced luxury, and this negative outlook continues on
with every new generation. Poverty damages childhood with significant
effects on a childs physical and mental health, as well as educational
achievement. It limits the expectations of the childs ability to perform well
in school, constantly reminding him/her of the miniscule chance he/she has
to overcome adversity and poverty.
With its development interventions that are focused on social welfare
of children, Smile Foundation has raised those expectations among the
hardest-to-reach children. Recent mark-sheets of the students in all ME
centres has shown Smile Foundation primary school students outperforming
their peers, with a very high passing rate. Last year, 51% of the total
beneficiaries in Mission Education centres across India were girls. Also,
87% of the total eligible students are successfully mainstreamed in private
and government schools.
Smile Foundation is a children charity that has been working for children
welfare since its inception.

What are Child Rights?

A right is as an agreement or contract established between the persons
who hold a right (often referred to as the "rights-holders") and the persons
or institutions which then have obligations and responsibilities in relation to
the realization of that right (often referred to as the "duty-bearers".) Child
Rights Child rights are specialized human rights that apply to all human
beings below the age of 18. Child Rights

Universally child rights are defined by the United Nations and United
Nations Convention on the Rights of the Child (UNCRC). According to the
UNCRC Child Rights are minimum entitlements and freedoms that should
be afforded to all persons below the age of 18 regardless of race, colour,
gender, language, religion, opinions, origins, wealth, birth status or ability
and therefore apply to all people everywhere. The UN finds these rights
interdependent and indivisible, meaning that a right can not be fulfilled at
the expense of another right.
The purpose of the UNCRC is to outline the basic human rights that
should be afforded to children. There are four broad classifications of these
rights. These four categories cover all civil, political, social, economic and
cultural rights of every child.

Right to Survival: A child's right to survival begins before a child is

born. According to Government of India, a child life begins after twenty
weeks of conception. Hence the right to survival is inclusive of the child
rights to be born, right to minimum standards of food, shelter and clothing,
and the right to live with dignity.
Right to Protection: A child has the right to be protected from neglect,
exploitation and abuse at home, and elsewhere.
Right to Participation: A child has a right to participate in any decision
making that involves him/her directly or indirectly. There are varying
degrees of participation as per the age and maturity of the child.
Right to Development: Children have the right to all forms of
development: Emotional, Mental and Physical. Emotional development is
fulfilled by proper care and love of a support system, mental development

through

education

and

learning

and

physical

development

through

recreation, play and nutrition.

What is Child Protection?
UNICEF considers child protection as the prevention of or responding
to the incidence of abuse, exploitation, violence and neglect of children.
This includes commercial sexual exploitation, trafficking, child labour and
harmful traditional practices, such as female genital mutilation/cutting and
child marriage. Protection also allows children to have access to their other
rights

of

survival,

development,

growth

and

participation.

UNICEF

maintains that when child protection fails or is absent children have a higher
risk of death, poor physical and mental health, HIV/AIDS infection,
educational problems, displacement, homelessness, vagrancy and poor
parenting skills later in life.
According to the Integrated Child Protection Scheme (ICPS) Child
Protection is about keeping children safe from a risk or perceived risk to
their lives or childhood. It is about recognizing that children are vulnerable
and hence reducing their vulnerability by protecting them from harm and
harmful situations. Child protection is about ensuring that children have a
security net to depend on, and if they happen to fall through the holes in the
system, the system has the responsibility to provide the child with the
necessary care and rehabilitation to bring them back into the safety net.

Social Status of Children in India

Who is a Child?
Defining what age a person is or ceases to be a child is a constant debate in the
India. Child Rights in India. Child in India Statistics and Children in IndiaThe Census of
India considers children to be any person below the age of 14, as do most government
programmes. Biologically childhood is the stage between infancy and adulthood.
According to the UNCRC 'a child means every human being below the age of eighteen
years unless, under the law applicable to the child, majority is attained earlier'. This
definition of child allows for individual countries to determine according to the own
discretion the age limits of a child in their own laws. But in India various laws related to
children define children in different age limits.
The Indian Penal Code (IPC) 1860 finds that no child below the age of seven may
be held criminally responsible for an action (Sec 82 IPC). In case of mental disability or
inability to understand the consequences of one's actions the criminal responsibility age is
raised to twelve years (Sec 83 IPC). A girl must be of at least sixteen years in order to
give sexual consent, unless she is married, in which case the prescribed age is no less that
fifteen. With regard to protection against kidnapping, abduction and related offenses the
given age is sixteen for boys and eighteen for girls.
According to Article 21 (a) of the Indian Constitution all children between the
ages of six to fourteen should be provided with free and compulsory education. Article 45
states that the state should provide early childhood care and education to all children
below the age of six. Lastly Article 51(k) states the parents/guardians of the children
between the ages of six and fourteen should provide them with opportunities for
education.
The Child Labour (Prohibition and Regulation) Act, 1986 defines a child as a
person who has not completed fourteen years of age. The Factories Act, 1948 and
Plantation Labour Act 1951 states that a child is one that has not completed fifteen years
of age and an adolescent is one who has completed fifteen years of age but has not
completed eighteen years of age. According to the Factories Act adolescents are allowed

to work in factories as long as they are deemed medically fit but may not for more than
four and half hours a day. The Motor Transport Workers Act 1961, and The Beedi And
Cigar Workers (Conditions Of Employment) Act 1966, both define a child as a person
who has not completed fourteen years of age. The Merchant Shipping Act 1958 and
Apprentices Act 1961 don't define a child, but in provisions of the act state that a child
below fourteen is not permitted to work in occupations of the act. The Mines Act, 1952 is
the only labour related act that defines adult as person who has completed eighteen years
of age (hence a child is a person who has not completed eighteen years of age).
The Prohibition of Child Marriage Act, 2006 states that a male has not reached
majority until he is twenty-one years of age and a female has not reached majority until
she is eighteen years of age. The Indian Majority Act, 1875 was enacted to create a
blanket definition of a minor for such acts as the Guardians and Wards Act of 1890.
Under the Indian Majority Act, 1875 a person has not attainted majority until he or she is
of eighteen years of age. This definition of a minor also stands for both the Hindu
Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act,
1956. Muslim, Christian and Zoroastrian personal law also upholds eighteen as the age of
majority. The first Juvenile Justice Act, 1986 defined a boy child as below sixteen years
of age and a girl child as below eighteen years of age. The Juvenile Justice (Care and
Protection of Children) Act, 2000 has changed the definition of child to any person who
has not completed eighteen years of age.
Because of its umbrella clauses and because it is the latest law to be enacted
regarding child rights and protection, many are of the opinion that the definition of child
found in the Juvenile Justice Act, 2000 should be considered the legal definition for a
child in all matters.

How many children are there in India?

India with 1.21 billion people constitutes as the second most populous
country in the world, while children represents 39% of total population of
the country.
Age group of Indias Children *

The figures show that the larger number of about 29 percent constitutes
Children in the age between 0-5 years. The share of Children (0-6 years) in
the total population has showed a decline of 2.8 points in 2011, compared to
Census 2001. The children's population (0-18) is 472 million.
Age group VS Gender of Indias Children

While an absolute increase of 181 million in the countrys population has

been recorded during the decade 2001-2011, there is a reduction of 5.05

millions in the population of children aged 0-6 years during 2010-11. The
decline in male children is 2.06 million and in female children is 2.99
millions. The share of Children (0-6 years) in the total population has
showed a decline of 2.8 points in 2011, compared to Census 2001 and the
decline was sharper for female children than male children in the age group
0-6 years.

Gender of Indias Children *

The number of boys has dropped 2.42 per cent and that of girls 3.80 per
cent. Population (0-6 years) 2001-2011 registered minus (-) 3.08 percent
growth with minus (-)2.42 for males and -3.80 for females. The proportion
of Child Population in the age group of 0-6 years to total population is 13.1
percent while the corresponding figure in 2001 was 15.9 percent. The
decline has been to the extent of 2.8 points.
Rural - Urban Distribution of Children Population

State wise distribution of Childrens population

Uttar Pradesh (19.27%) is the state with highest childrens population in the
country followed by Bihar (10.55 %), Maharashtra (8.15 %), West Bengal
(6.81 %) and Madhya Pradesh (6.46%) constitutes 52% of Childrens
population in the country.
State wise and Gender wise distribution of Childrens population

Male Female Childrens Ratio

The Child gender Ratio in the country has declined.

Gender wise Adult V/S Children

Gender wise distribution of Rural - Urban Children Population

Age distribution of Rural & Urban population

Comparison of Adult and Children population in Rural and Urban India

* Data Source: Census of India

2010-11

CHILD Protection & Child Rights III. Vulnerable Children

Introduction

All children due to their age are considered to be at risk for exploitation,
abuse, violence and neglect. But vulnerability cannot be defined simply by
age. Though age is one component, Vulnerability is also measured by the
child's capability for self-protection. The question that arises is, are
children capable of protecting themselves. Can children provide for their
basic needs, defend against a dangerous situation or even recognise a
dangerous situation is developing? These questions call for a redefinition of
the concept of self-protection. A child's vulnerability comes from various
factors that hinder a child's ability to function and grow normally. Hence
self-protection is more about the ability of the child to lead a healthy life
within a child protection system; the ability to protect themselves or get
help from people who can provide protection. The term vulnerable children
refer to an age group that is considered at risk. But vulnerability of children
is further compounded by the following factors:.

Age within age: Younger children, especially those below the age of
six, are much more dependent on the protection system.

Physical disabilities

Mental disabilities

Provocative behaviours: due to ignorance or misunderstanding of

children's mental health or behavioural problems, some people can
become irritated or frustrated and hence lash out against children or
neglect them completely.

Powerlessness: comes of the situations and people that surround the

children. If a child is given the power by the state, family or
community

to

participate

and

fulfil

responsibilities they are less vulnerable.

their

own

rights

and

Defencelessness: comes from the lack of protection provided by the

state or parents or community. If there is no child abuse law than how
is a child suppose to defend himself/herself against abuse.

Passivity: due to situation or treatment of the child. For example a

child who is enslaved or oppressed does not have the ability to seek
help or protection.

Illness

Invisible: Children who the system doesn't even recognise are highly
vulnerable.

The Integrated Child Protection Scheme (ICPS) like the Juvenile Justice
Act, 2000 defines vulnerability in two categories: children in need of care
and protection and children in conflict with law.

Children in need of care and protection is defined as a child who :

Doesn't have a home or shelter and no means to obtain such an abode

Resides with a person(s) who has threatened to harm them and is

likely to carry out that threat, harmed other children and hence is
likely to kill, abuse or neglect the child.

Is mentally or physically handicapped, or has an illness, terminal or

incurable disease and has no one to provide and care for him/her.

Has a parent or guardian deemed unfit or unable to take care of the

child.

Is an orphan, has no family to take care of him/her, or is a runaway or

missing child whose parents cannot be located after a reasonable
search period.

Is being or is likely to be sexual, mentally, emotionally or physically

abused, tortured or exploited.

Is being trafficked or abusing drug substances.

Is being abused for unthinkable gains or illegal activities.

Is a victim of arm conflict, civil unrest or a natural disaster

Children in conflict with law are juveniles who have allegedly committed a
crime under the Indian Penal Code. The ICPS also recognises a third
category of children; Child in contact with law. These children are victims
of or witnesses to crimes. ICPS lastly outlines that vulnerable children
groups also include but are not limited to the following: "children of
potentially vulnerable families and families at risk, children of socially
excluded groups like migrant families, families living in extreme poverty,
scheduled castes, scheduled tribes and other backward classes, families
subjected to or affected by discrimination, minorities, children infected
and/or affected by HIV/AIDS, orphans, child drug abusers, children of
substance abusers, child beggars, trafficked or sexually exploited children,
children of prisoners, and street and working children."

UNICEF views vulnerable children as those who are abused, exploited, and
neglected. Child protection is derived out of the duty to respond to the
needs of vulnerable groups of children. UNICEF outlines the following
groups as vulnerable: Children subjected to violence, Children in the midst
of armed conflict, Children associated with armed groups, Children affected
by HIV/AIDS, Children without birth registration, Children engaged in
labour, Child engaged in marriage, Children in Conflict with the Law,
Children without Parental Care, Children used for commercial sexual
exploitation, Female children subjected to genital mutilation / cutting, and
Trafficked children.

CHILD Protection & Child Rights III. Vulnerable Children

Children's Issues
Vulnerability of children leads to and is further created by the sociocultural, socio political and socio-religious situations they are in. A child
who is forced or born into a situation or discriminated group is at risk for
abuse, neglect and exploitation. The lack of a protection system either due
to mis-implementation of national laws and programmes or the absence of
protection

policies

and

legislation

also

renders

children

vulnerable.

Following is a discussion of various protection issues concerning children .

Abuse and Violence

Child Sexual Abuse
Street Children
Children Living with AIDS
Child in Armed Conflict
Girl Child
Child Marriage
Children with Disabilities
Children affected by Substance Abuse
Birth Registration
Missing Children
Children in Conflict with Law
Child Labour

Child Trafficking
Children without Parental care
Child Health and Nutrition
Early Childhood (Children below six)
Children of Schedule Caste and Schedule Tribe Families
Children in Poverty

Some Explanation of Children's Issues

Abuse & Violence
According to UNICEF violence against children can be "physical and
mental abuse and injury, neglect or negligent treatment, exploitation and
sexual abuse. Violence may take place in homes, schools, orphanages,
residential care facilities, on the streets, in the workplace, in prisons and in
places of detention." Child Abuse Child Violence in India Such violence can
affect the normal development of a child impairing their mental, physical
and social being. In extreme cases abuse of a child can result in death.
Child abuse has many forms: physical, emotional, sexual, neglect, and
exploitation. Any of these that are potentially or actually harmful to a
child's health, survival, dignity and development are abuse. This definition
is derived from the W.H.O.

Physical abuse is when a child has been physically harmed due to some
interaction or lack of interaction by another person, which could have
been prevented by any person in a position of responsibility, trust or

power.
Emotional abuse can be seen as a failure to provide a supportive
environment and primary attachment figure for a child so that they may
develop a full and healthy range of emotional abilities. Emotional abuse
is also the act of causing harm to a child's development, when they could
have been within reasonable control of a person responsible for the child.
Examples of these acts are restricting movement, threatening, scaring,
discriminating, ridiculing, belittling, etc. In India a rising concern is the

pressure

children

feel

to

perform

well

in

school

and

college

examinations, which can be seen as a form of emotional stress and abuse.

Sexual abuse is engaging a child in any sexual activity that he/she does
not understand or cannot give informed consent for or is not physically,
mentally or emotionally prepared for. Abuse can be conducted by an
adult or another child who is developmentally superior to the victim.
This

includes

using

child

for

pornography,

sexual

materials,

prostitution and unlawful sexual practises.

Neglect or negligent treatment is purposeful omission of some or all
developmental needs of the child by a caregiver with the intention of
harming the child. This includes the failure of protecting the child from a

harmful situation or environment when feasible.

Exploitation can be commercial or otherwise, where by the child is used
for some form of labour, or other activity that is beneficial for others.
Example: child labour or child prostitution.

Child Sexual Abuse

CSA Definition and Issues

Background to CSA
CSA Awareness Program
Volunteer for CSA Program
School Registration Form

What is CSA?
'Three siblings were subjected to sexual abuse for eight months by
their van driver in New Delhi in September 2010. Three minor girls were
raped and murdered in Mumbai in February 2011'. Most people read about
these incidents and move on to the next news item; believing that 'such
incidents' happen to other children. The incidents listed above are not
random occurrences, but represent the shocking reality of our country,
which is home to 19 per cent of the world's child population.
India has the dubious distinction of having the world's largest number
of sexually abused children; with a child below 16 years raped every 155th
minute, a child below 10 every 13th hour and one in every 10 children

sexually abused at any point of time. A study by the Union Ministry of

Women and Child Development (MWCD) also showed that 53 per cent of
the interviewed children reported having faced some form of sexual abuse
and proved that boys were as vulnerable to abuse as girls.
This state of affairs prompted CHILDLINE India Foundation (CIF) to
act, as the need of the hour is a prevention and awareness program for the
community i.e children, parents and schools.
As we all know the three pillars of Child Protection are Prevention,
Intervention and Rehabilitation. Though CIF plays an important role in all
three,

the

1098

service

is

more

geared

towards

Intervention

and

Rehabilitation. Specifically in the case of Child Sexual Abuse (CSA),

Prevention becomes the most important pillar, because if the case reaches
the intervention stage where the child has been abused the damage is
already done. The scars of abuse last a lifetime and affect many areas of the
child's life including relationships, professional life etc. The experience of
abuse can lead to anxiety disorders, substance abuse and depression also.
Though there are already a few programs targeting parents and
schools on the issue of CSA, children, who are at the receiving end of
abuse, are mostly ignored in preventive communication programs. CIF's
Program aims to break the communication barrier about the issue between
parents and children and encourages children to break the silence about a
'touching problem' and openly communicate on the subject with a trusted
adult.
Globally, researches have shown that children who are taught about
the difference between a safe and unsafe touch are empowered to prevent
abuse and also are able to seek help if they find themselves in a situation of
an unsafe touch. This is why age appropriate communication is extremely
important in the fight against CSA.

CSA Awareness Program

CHILDLINE India Foundation (CIF) launched the Child Sexual Abuse
Awareness Program in January 2011. The Program, which is Mumbai's
largest communication initiative on CSA Awareness, aims to reach 1000
schools and 1 million children and their families over the next one year.
CHILDLINE found that though 53 per cent of Indian children
experience sexual abuse, the reporting is extremely low since information
about the possibility of abuse isn't imparted to children. A program targeting
children was the need of the hour and the Child Sexual Abuse (CSA)
Awareness program was launched in Mumbai in January, 2011.
The CSA Awareness Program reaches out to children between the age
group of 7-12 years i.e 2nd -6th standard. This age group has been targeted
as various studies, including the 2007 report of the Ministry of Women and
Child Development (MWCD), have found the 7-12 years age group to be the
most vulnerable to sexual abuse.
The CSA Awareness Program Delivery Model has been evolved
keeping in mind a four pronged approach. The Model looks at engaging the
Community, Parents, Children and putting Support Structures in place.

CSA Awareness Program Delivery Model:

I)

Community Engagement:
For an issue as sensitive as CSA Awareness, it was realized that any

program dealing with this issue cannot be sustainable until the community
owned the program as their own. Keeping this in mind, it was decided to
include home makers, working professionals and students and reach out to
as large a base of lady volunteers as possible.
A)

Volunteer Recruitment:

To reach out to such a varied group, the CHILDLINE Team tied up

with Colleges, Malls and book stores/ salons. Given below are details of a
few of the tie ups:
a)

Reaching out to Student Volunteers: The team tied up

with

the

Shreemati

Nathibai

Damodar

Thackersey

(SNDT) Women's University, the Social Involvement

program (SIP) at St. Xavier's College and the National
Service Scheme (NSS) Cell of the University of Mumbai.

b)

Reaching Parents: Through collaboration with Mrs.

Arundhati Chavan; President of the PTA United Forum,
the CHILDLINE Team aimed at gaining volunteers from
active Parent Teacher Association (PTA) in schools
across the city from 140 member schools of the PTA UF.
CHILDLINE also contacted an additional 706 schools
from an internal list.

c)

Outreach at Malls: To reach out to a mixed group of

homemakers, working professionals and students, the
Team felt that the best way would be to target malls and
set up an Awareness kiosk on a weekend. So far, the team
has set up kiosks at three malls namely, R Mall- Mulund,
HyperCITY-Malad and at Infiniti Mall - Andheri.

d)

Leaflets at Stores: The CHILDLINE team has placed

leaflets at various stores across the city to ensure that as
many ladies as possible get a chance to volunteer.

B)

Selection

&

Training

of

Volunteers:

After

prospective

lady

volunteers register by filling out the form, they are called for a 1 hour
orientation to the CIF Head office at Grant Road. Here, any doubts that the
volunteers have about the Program are cleared and the team uses this
interaction as the basis on which to select volunteers.
Orientation Format:
Introduction to CHILDLINE India Foundation

Introducing the genesis of the program.

Small True or False test on CSA, as an ice breaker

Discussing the details of the program and the commitment

expected

Sharing of the Commitment Document

Answering queries of prospective volunteers, if any

C)

Material used for the School Program:

1. Handbook for CSA Awareness School Program:

The handbook developed for lady volunteer's acts as a refresher
course on CSA even after the training is over. It includes various chapters
covering in detail the sessions conducted during the training. It covers
various topics such as 'Role of the Child Welfare Committee' by Trishla
Jasani- Consultant Coordinator, CIF; Understanding CSA by Dr. Shubhada
Maitra- Associate Professor, TISS; CSA and the Law by Dr. Asha BajpaiProfessor, TISS etc. Most of the chapters have been written by the same
resource persons who conducted these sessions at the training.
The handbook also contains a chapter on how to approach schools for
permissions to conduct the program, what are the approaches to take, the
two stories that will be used for conducting the sessions and an awareness
session for parents/ teachers are also available in English and Hindi, so that
there's no deviation. Regional translations of the stories and the session for
parents/ teachers i.e. Marathi and Gujarati are put into an envelope on the
last page of the handbook. Samples of all the material that will be used in
classes is also included so that there is complete transparency with the
school along with a material and schools completed log.

2. Stories:
Through the medium of story-telling and accompanying images,
volunteers are able to take simple information to classrooms. As seen in the
2007 MWCD study, ages 7-12 years (standards 2-6) are the most vulnerable
group to sexual abuse. Hence the stories have been designed with this age
group in mind. The target age group has been further sub -divided into
standards 2nd-4th (ages 7-9 years) and standards 5th-6th (ages 10-12 years).
A separate story has been developed for each sub-group. A story about
Bunty and a Tiger was developed for Primary School classes and a story
about Pinky and her experiences was developed for Secondary School
classes. Both the stories have a four fold objective i.e to teach children:
what is a safe touch, what is an unsafe touch, what is an unsafe action and
what to do if they are in a situation with an unsafe touch or unsafe action
(Personal Safety Rules)
3. Flipcharts
To engage the children's interest in the story, a flipchart containing
corresponding images to the stories is used while narrating both the stories.
4. Label sheets:
After completing the session i.e the story and a Q& A segment if
required, the volunteers hands out a sheet of six labels that children use
everyday on their notebooks. However, this label is unique because it has a
rectangular box at the bottom, where we make every child write in the class
one sentence:

"I trust __________________ to keep me safe." This is to ensure that even

after the volunteer has finished the session, the children will be reminded of
the session and the fact that they are supposed to talk to a trusted adult if
they face a touching problem.
5. Letter to Parents:
A sealed Letter to Parents is handed out to children after the label
exercise. This letter is sealed in such a manner that a child will not be able
to read the content unless he/she tears it open. The letter informs the parents
that their child has gone through an awareness program on safe and unsafe
touch and also tells them what is child sexual abuse along with various tips
on how to keep their children safe, what steps should they follow if their
child discloses abuse. This letter is available in English, Hindi, Marathi and
Gujarati for the Mumbai Program.
6. Poster
Once all classes from 2nd-6th have gone through the sessions, the
volunteer hands over a poster to the school's management. There are two
posters that have been developed, 1 with a girl's image and another with a
boy's image, however the content is the same in both. The poster is placed at
a central notice board in the school premises and acts as a reminder to
children on safe and unsafe touch, along with personal safety rules.

Category:Children's rights in India

Subcategories
This category has the following 2 subcategories, out of 2 total.
Child labour in India
Child marriage in India
Child labour in India
Child labour is the practice of having children engage in economic activity, on part or
full-time basis. The practice deprives children of their childhood, and is harmful to their
physical and mental development. Poverty, lack of good schools and growth of informal
economy are considered as the important causes of child labour inIndia.

The 1998 national census of India estimated the total number of child labour, aged 514,
to be at 12.6 million, out of a total child population of 253 million in 5-14 age group. A
2009-2010 nationwide survey found child labour prevalence had reduced to 4.98 million
children (or less than 2% of children in 5-14 age group).The 2011 national census of
India found the total number of child labour, aged 514, to be at 4.35 million, and the
total child population to be 259.64 million in that age group. The child labour problem is
not unique to India; worldwide, about 217 million children work, many full-time.
Indian law specifically defines 64 industries as hazardous and it is a criminal offence to
employ children in such hazardous industries. In 2001, an estimated 1% of all child
workers, or about 120,000 children in India were in a hazardous job. Notably,
Constitution of India prohibits child labour in hazardous industries (but not in nonhazardous industries) as a Fundamental Right under Article 24. UNICEF estimates that
India with its larger population, has the highest number of labourers in the world under
14 years of age, while sub-saharan African countries have the highest percentage of
children who are deployed as child labour. International Labour Organisation estimates
that agriculture at 60 percent is the largest employer of child labour in the world, while
United Nation's Food and Agriculture Organisation estimates 70% of child labour is
deployed in agriculture and related activities. Outside of agriculture, child labour is
observed in almost all informal sectors of the Indian economy.
Companies including Gap, Primark, Monsanto have been criticised for child labour in
their products. The companies claim they have strict policies against selling products
made by underage children, but there are many links in a supply chain making it difficult
to oversee them all. In 2011, after three years of Primark's effort, BBC acknowledged that
its award-winning investigative journalism report of Indian child labour use by Primark
was a fake. BBC apologized to Primark, to Indian suppliers and all its viewers.
In December 2014, the U.S. Department of Labor issued a List of Goods Produced by
Child Labor or Forced Labor and India figured among 74 countries where significant
incidence of critical working conditions has been observed. Unlike any other country,

India was attributed 23 goods the majority of which is produced by child labor in the
manufacturing sector.
Article 24 of India's constitution prohibits child labour. Additionally, various laws and the
Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act2000, and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law
to identify, prosecute and stop child labour in India.
Child labour acts and laws
After its independence from colonial rule, India has passed a number of constitutional
protections and laws on child labour. The Constitution of India in the Fundamental Rights
and the Directive of State Policy prohibits child labour below the age of 14 years in any
factory or mine or castle or engaged in any other hazardous employment (Article 24). The
constitution also envisioned that India shall, by 1960, provide infrastructure and
resources for free and compulsory education to all children of the age six to 14 years.
(Article 21-A and Article 45).
India has a federal form of government, and child labour is a matter on which both the
central government and country governments can legislate, and have. The major national
legislative developments include the following:
The Factories Act of 1948: The Act prohibits the employment of children below the age
of 14 years in any factory. The law also placed rules on who, when and how long can preadults aged 1518 years be employed in any factory.
The Mines Act of 1952: The Act prohibits the employment of children below 18 years of
age in a mine.
The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations identified in
a list by the law. The list was expanded in 2006, and again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it
a crime, punishable with a prison term, for anyone to procure or employ a child in any
hazardous employment or in bondage.
The Right of Children to Free and Compulsory Education Act of 2009: The law
mandates free and compulsory education to all children aged 6 to 14 years. This
legislation also mandated that 25 percent of seats in every private school must be
allocated for children from disadvantaged groups and physically challenged children.
India formulated a National Policy on Child Labour in 1987. This Policy seeks to adopt a
gradual & sequential approach with a focus on rehabilitation of children working in
hazardous occupations. It envisioned strict enforcement of Indian laws on child labour
combined with development programs to address the root causes of child labour such as
poverty. In 1988, this led to the National Child Labour Project (NCLP) initiative. This
legal and development initiative continues, with a current central government funding
of 6 billion, targeted solely to eliminate child labour in India. Despite these efforts,
child labour remains a major challenge for India.
Consequences of child labour
The presence of a large number of child labourers is regarded as a serious issue in terms
of economic welfare. Children who work fail to get necessary education. They do not get
the opportunity to develop physically, intellectually, emotionally and psychologically. In
terms of the physical condition of children, children are not ready for long monotous
work because they become exhausted more quickly than adults. This reduces their
physical conditions and makes the children more vulnerable to disease. Children in
hazardous working conditions are even in worse condition. Children who work, instead
of going to school, will remain illiterate which limits their ability to contribute to their
own well being as well as to community they live in. Child labour has long term adverse
effects for India.
To keep an economy prospering, a vital criteria is to have an educated workforce
equipped with relevant skills for the needs of the industries. The young labourers today,

will be part of Indias human capital tomorrow. Child labour undoubtedly results in a
trade-off with human capital accumulation.
Child labour in India are employed with the majority (70%) in agriculture some in lowskilled labour-intensive sectors such as sari weaving or as domestic helpers, which
require neither formal education nor training, but some in heavy industry such as coal
mining.
According to the International Labour Organisation (ILO), there are tremendous
economic benefits for developing nations by sending children to school instead of
work. Without education, children do not gain the necessary skills such as English
literacy and technical aptitude that will increase their productivity to enable them to
secure higher-skilled jobs in future with higher wages that will lift them out of poverty.

1. Diamond industry
2. Fireworks manufacture
3. Silk manufacture
4. Carpet weaving
5. Domestic labour
6. Coal mining
Street children in India
A street child in India is someone "for whom the street (in the widest sense of the word,
including unoccupied dwellings, wasteland, etc.) has become his or her habitual abode
and/or source of livelihood; and who is inadequately protected, supervised, or directed by
responsible adults.
It is estimated that more than 400,000 street children in India exist. Mainly because of
family conflict, they come to live on the streets and take on the full responsibilities of
caring for themselves, including working to provide for and protecting themselves.

Though street children do sometimes band together for greater security, they are often
exploited by employers and the police.
Their many vulnerabilities require specific legislation and attention from the government
and other organisations to improve their condition.
Definition clarification
In the early years of research on street children, the term street child included any child
that worked on the street. From research, however, different categories of children on the
streets have been distinguished, while still recognizing that childrens complex
experiences are difficult to define.[1] Mark W. Lusk, a prominent researcher of street
children, developed four categories of children on the street from his research: children
who work on the street but return to their families at night, children who work on the
street but whose family ties are dwindling, children who live and work with their families
on the street, and children who work and live on their own on the street.[
The term street child has come to refer only to the last group. UNICEF defines a street
child as, ...any girl or boy... for whom the street (in the widest sense of the word,
including unoccupied dwellings, wasteland, etc.) has become his or her habitual abode
and/or source of livelihood; and who is inadequately protected, supervised, or directed by
responsible adults. It is important to distinguish the group of children that live on their
own on the streets because their lives vary greatly from those of children who simply
work on the streets; they thus have different needs and require targeted attention.
While 18 million children work on the streets of India , it is estimated that only 5-20
percent of them are truly homeless and disconnected from their families. Because the
street children in India have unique vulnerabilities - the amount of time they spend on the
street, their livelihood depending on the street, and their lack of protection and care from
adults - they are a subgroup of the Indian population that deserve specific attention in
order to ensure that their needs are known. As the most vulnerable group of children in
India according to UNICEF, they need to be understood as much as possible.

Characteristics
Number
There is currently no official statistic of the number of street children in India. The
primary reason for this is that it is difficult to obtain accurate data about them because of
their floating character. Street children usually have no proof of identification and move
often. Of the 50,000 people in India that are officially reported as leaving home annually,
45 percent are under 16; this number, though, is likely very low. Various studies have
formulated estimates of certain cities. In the late 1980s, for instance, it was estimated that
there were at least 100,000 street children in both Kolkata and Bombay. Overall,
estimates for the total number of street children in India range from 400,000-800,000.
Age
Because it is difficult to obtain precise and accurate statistics about street children,
information about their ages is approximate. Most of the street children in India are over
6, and the majority is over 8. The mean age of treet children in a National Institute of
Urban Affairs study in 1989 was 13 years.[2] Another study in 1989 by UNICEF found
that 72 percent of the street children studied were ages 612 and 13 percent were under 6
years of age.
Gender
The majority of street children in India are boys with little or no education.
Economic activity

Work

Street children in Mumbai, India selling snacks and drinks to bus passengers
As street children must provide for themselves, work is a very important aspect of their
lives. Unfortunately, working conditions for street children are often very poor because
they are confined to working in the informal sector, which is unregulated by the
government. In Bombay, 50,000 children are illegally employed by 11,750 hotels,
restaurants, canteens, tea shops, and eating places. Because of street childrens lack of
protection from a family and the law, employers often exploit them, making them virtual
prisoners, sometimes withholding pay, and abusing them. Employers that would not
mistreat the children often will not hire them because they are seen as too great of a risk.
Because of the low pay from employers, street children in India often choose to be selfemployed or work multiple jobs. In fact, the majority of them are self-employed. One of
the most common economic activities done by the children is scavenging for recyclable
materials, such as plastic, paper, and metal.
Other jobs include cleaning cars; petty vending, selling small items such as balloons or
sweets; selling newspapers or flowers; begging; shining shoes; working in small hotels;
working on construction sites; and working in roadside stalls or repair shops. Street
children, especially the older children, are also sometimes engaged in activities such as
stealing, pick-pocketing, drug-peddling, and prostitution, though this is a small

proportion. Most of the street children work 810 hours total each day in their various
economic activities.
Spending[
The earnings of street children fluctuate greatly, but they usually only make enough for
subsistence. Most street children in India earn between 200 ($4.00) and 830 rupees a
month, with older children making more than younger children. Self-employed children
also typically make more than children who are employed under an employer. The largest
expense in a street childs budget is food, which often costs 5-10 rupees a day. In order to
cut down on food expenses, many children drink tea to dull hunger.
The money street children earn that is not spent on food is usually quickly spent on other
things because older children and police frequently steal their money. This lack of ability
to save causes severe financial insecurity. While children occasionally send some of their
earnings home to their families, they spend most of their extra money on entertainment.
Many street children spend 300 rupees a month on movies, though older children also use
their money to buy cigarettes, chewing tobacco, alcohol, and drugs. Street children often
spend very little on clothing because their employers often provide clothes for work or
their families occasionally give them clothes if they know where they are living. Also, the
boys among them do not bother wandering fully or partially naked in public because it
adds to the peoples sympathy for them.

Education
The education of street children in India is very poor and often nonexistent. A study of
street children in Bombay in 1989 found that 54.5 percent had never been enrolled in
school and 66 percent of the children were illiterate. [3] A 2004 study of street children in

Bombay revealed that circumstances were largely the same: 60 percent of the children
had never attended school and approximately two-thirds were illiterate.
Thirty percent had been to elementary school, while only 10 percent had been to middle
or high school. In fact, many children in the 2004 study said that one of the reasons they
ran away from home is because they did not want to be forced to work and unable to
attend school. Obviously, however, the demands of living alone make it very unlikely that
they will be able to obtain education through leaving.
Health and nutrition
Street children in India face additional vulnerability because of their lack of access to
nutritious food, sanitation, and medical care. Street children lack access to nutritious
food because many are dependent on leftovers from small restaurants or hotels, food
stalls, or garbage bins. In a study of street children in Bombay in 1990, 62.5 percent of
the children obtained food from hotels.
Lack of sanitation in bathing, toilets, and water also contributes to poor health. In the
same study of street children in Bombay, 29.6 percent of children reported bathing in the
sea and 11.5 percent reported bathing in pipes, wells, or canals. Open air bathing of street
children is in fact a very common sight in all parts of India. These children have to put
their naked bodies on display for a very long time before, during and after bathing. As a
result they develop hardly any sense of modesty. They as well as the onlookers have a
casual approach to this phenomenon. Street children also lack restroom facilities,
demonstrated by the fact that 26.4 percent of the children used the roadside or railwayline
for their toilet. For water, the children reported asking restaurants or hotels for water
(69.1 percent) or using pipes and water taps (15.6 percent).
Most of the street children in India also lack access to medical care, which is especially
detrimental during times of illness or injury. The study of street children in Bombay
found that 34.9 percent had an injury and 18.9 percent had a fever in the past three
months. Only about a third of the children received any help with their illness or injury,
though some were able to receive help at a government clinic.

Other studies have found that many illnesses are very prevalent among street children. A
study conducted in 2002 on the street children in Kolkata found that six in every 554
street children from ages five to fourteen are HIV positive. In Bangor Basti, 98 percent of
children are estimated to have dental caries. Additionally, most street children do not
have winter clothing, leaving them more vulnerable to illness during the winter.
Government involvement
Street children in India are a manifestation of societal malfunctioning and an economic
and social order that does not take timely preventative action. Thus, many scholars
believe that fixing the problems of street children depend on addressing the causal factors
of their situations. Additionally, as these causal factors are addressed, help for the
immediate situation of street children must also be given.
India has set in place various forms of public policy concerning street children over the
past two decades, but they have largely been ineffective because they are uniformed by
sociological, anthropological, and geographical research on street children, meaning they
do not always correctly assess and address needs.
Prior to 1993, the Official Vocabulary of post-independence India did not contain the
term street child, and street children were only helped because they were grouped with
other children that worked on the streets. For instance, the Coordination Committee for
Vulnerable Children worked to give identity cards to children working on the streets in
order to help protect them from police violence. In the early 1990s, facing pressure from
non-governmental organisations (NGOs), the Indian government created the Scheme for
Assistance to Street Children, which launched in February 1993. Though many NGOs
had meetings with the government to give feedback about the scheme and suggestions to
improve it, none of these recommendations were included in the final draft, making it
very difficult for NGOs to participate in it.
Since their entrance into the policy arena and the Scheme was set in place, street children
have been included in some other policies and programmes as well. The Indian Council
of Child Welfare has included street children in their programms, and in the 8th Five Year

Plan a scheme for children in 6 metropolitan cities was set in place. The Ministry of
Labour has also included street children in their livelihood training programmes, though
this has been met with minimal success because many street children do not have the
education necessary to participate in the programmes.
Child sexual abuse in India
Child Sexual Abuse has been a reality that children in India have been facing
continuously irrespective of their gender or societal strata they belonged to.
Overview
Surveys indicate that a large number of children in India are sexually abused by known
persons like relatives, neighbors, at school, and in residential facilities for vulnerable
children.
The government has failed to prevent much of the child sexual abuse from taking place.
Additionally, the existing systems of child protection and the stakeholders involved
including police, lawyers, media, teachers, parents etc. are simply not doing enough to
help victims or to ensure that perpetrators are punished.
Most cases go unreported. Poor awareness, social stigma, and negligence remain attached
to the issue. There is a culture of silence around it.
A government appointed committee, in January, found that the governments child
protection schemes, have clearly failed to achieve their avowed objective. [1]
A statement released by Louis-Georges Arsenault, UNICEF Representative to India
states, It is alarming that too many of these cases are children. One in three rape victims
is a child. More than 7,200 children including infants are raped every year; experts
believe that many more cases go unreported. Given the stigma attached to rapes,
especially when it comes to children, this is most likely only the tip of the iceberg.
Definition of Child Sexual Abuse In India

Penetrative sexual assault

inserting any object or using any part of body to cause penetration into any part of
the body of the child or making the child do so.

Sexual assault without penetration

touching penis, vagina, anus, breast of a child with sexual intent

making physical contact to child with sexual intent or making the child do so.

Sexual harassment

making any sound or gesture or exhibiting any object or part of body, with sexual
intent, so that it will be heard or seen by the child

making a child exhibit his body or make a gesture son that it is seen by the child
or other person with sexual intent.

constantly following or watching child either directly or through digital or any

other means with sexual intent

showing any object to child in any form with sexual intent or enticing child for
pornographic purposes.

The law deems a sexual assault to be aggravated under certain circumstances, such as
when the abused child is mentally ill or when the abuse is committed by a person in a
position of trust or authority vis-a-vis the child, like a family member, police officer,
teacher, or doctor.
Child sexual abuse laws in India
Child sexual abuse laws in India have been enacted as part of the
nation's child protection policies. The Parliament of India passed the
'Protection

of

Children

Against

Sexual

Offences

Bill,

2011'

regarding child sexual abuse on May 22, 2012 into Act. The rules
formulated by the government in accordance with the law have also
been notified on 14th November 2012 and the law has become ready
for implementation. Fifty three percent of children in India face some
form of child sexual abuse. The need for stringent law has been felt
many times

Law Before the 2012 legislation was passed

Goa Children's Act, 2003, was the only specific piece of child abuse legislation before the
2012 Act. Child sexual abuse was prosecuted under the following sections ofIndian Penal
Code:

I.P.C. (1860) 375- Rape

I.P.C. (1860) 354- Outraging the modesty of a woman

I.P.C. (1860) 377- Unnatural offences

I.P.C. (1860) 511- Attempt

However, the IPC could not effectively protect the child due to various loopholes like:

IPC 375 doesn't protect male victims or anyone from sexual acts of penetration
other than "traditional" peno-vaginal intercourse.

IPC 354 lacks a statutory definition of "modesty". It carries a weak penalty and is
a compoundable offence. Further, it does not protect the "modesty" of a male child.

In IPC 377, the term "unnatural offences" is not defined. It only applies to victims
penetrated by their attacker's sex act, and is not designed to criminalize sexual abuse
of children.

The Protection of Children from Sexual Offenses Act

The new Act provides for a variety of offenses under which an accused
can be punished. It recognizes forms of penetration other than penovaginal penetration and criminalizes acts of immodesty against
children too. The legislators tried to draft a gender-neutral Act, but
failed, using the pronoun 'he' in the description of various offenses.
With respect to pornography, the Act criminalizes even watching or
collection of pornographic content involving children. The Act makes
abettment of child sexual abuse an offense. It also provides for various
procedural reforms making the tiring process of trial in India
considerably easier for children. The Act has been criticized as its
provisions seem to criminalize consensual sexual intercourse between

two people below the age of 18. The 2001 version of the Bill did not
punish consensual sexual activity if one or both partners were above
16 years.
Surveys & Statistics on Child Sexual Abuse in India
1998
The Indian NGO Recovery and Healing from Incest (RAHI) conducted India's first study
of child sexual abuse. It surveyed 600 English-speaking middle and upper-class women,
76 percent of whom said they had been abused in childhood or adolescence, 40 percent
by at least one family member, most commonly an uncle or cousin.
2006
Tulir-CPHCSA`s study in 2006,conducted among 2211 school going children in
Chennai,indicates a CSA prevalence rate of 42%.Children of all socio-economic groups
were found to be equally vulnerable.while 48% of boys reported having been abused,the
prevalence rate among girls was 39%.15 % of both the boys and girls were severely
abused
2007
The Indian government backed a survey of 125000 children in Thirteen states. Of the
children interviewed, more than half (53%) said that they had been subjected to one or
more forms of sexual abuse. Over 20% of those interviewed said they were subjected to
severe forms of abuse. Of those who said they were sexually abused, 57% were boys.
2013
The Human Rights Watch Report "Breaking the Silence" presents a dismal picture of
child protection in the country particularly when it comes to preventing sexual abuse of
minors within homes, schools and institutions. A comprehensive 82 page report, complete
with case studies and expert comments, it proves beyond doubt the existence of child

sexual abuse across classes. Highlighting inaction against the perpetrators, Human Rights
Watch revealed that child sexual abuse in homes, schools and institutions for care and
protection of children is quite common. They further stress that a government appointed
committee in January 2013 itself found that the government child protection schemes,
have clearly failed to achieve their avowed objective.
Prominent Cases
Befor POCSO (The Protection of Children from Sexual Offenses Act)

Mathura Rape Case

The Mathura rape case was an incident of custodial rape in India on 26 March 1972,
wherein Mathura, a tribal girl who was a minor at the time, was allegedly raped by two
policemen on the compound of Desai Ganj Police Station in Chandrapur district
of Maharashtra. After the Supreme Court acquitted the accused, there was public outcry
and protests, which eventually led to amendments in Indian rape law via The Criminal
Law (Second Amendment) Act 1983 (No. 46)
Bharwada Bhoginbhai Hirjibhai v. State of Gujarat 1983
The accused, a middle aged man had confined 2 friends of his daughter aged around 10,
who had come to his house to meet the daughter, and had raped them.The trial court
convicted the accused for rape, violating modesty and wrongful confinement. The High
Court upheld conviction while reducing the charge from rape to attempt to rape. The
Supreme Court upheld the judgement of the trial court on the ground that minor
discrepancies in the evidence were not relevant. The Court further remarked that
corroboration for conviction in rape cases is not necessary. This judgement was relied on
in later judgments to secure conviction when they were no other eyewitnesses to support
evidence given by the victim.
State of Punjab Vs. Gurmit Singh 1996
In this case, the Supreme Court was highly critical of the acquittal of persons accused of
gang-raping a 16 year old girl. The trial court had referred to the young village girl as a

person of loose character who had invented the story of rape to justify spending a night
out of home. It had refused to rely on her statement. The Supreme Court observed that the
appreciation of evidence by the trial court was not only unreasonable but perverse. It
held that: The testimony of the victim in such cases is vital and unless there are
compelling reasons which necessitate looking for corroboration of her statement, the
courts should find no difficulty to act on the testimony of a victim of sexual assault alone
to convict an accused where her testimony inspires confidence and is found to be reliable.
Seeking corroboration of her statement before relying upon the same, as a rule, in such
cases amounts to adding insult to injury.
Sakshi Vs. Union of India 2004
The NGO Sakshi filed a writ petition in Public Interest to broaden the definition of rape
in cases involving children where the child is abused by insertion of objects into the
vagina or insertion of the male organ into body parts such as anus or mouth. The Supreme
Court rejected the Plea & dismissed the PIL. But it issued valuable guidelines for trial of
rape and sexual abuse which concern children. These are known as the Sakshi
guidelines:

A screen or an arrangement where victim or witnesses do not see the body or face
of the accused.

Questions put in cross examination on behalf of accused, if they relate directly to

the incident, must be given in writing to the Presiding Officer of the court who may
put them to the victim/witnessed in a language that is clear and not embarrassing.

Victims of child abuse or rape should be allowed sufficient breaks as and when
required during the testimony.

Anchorage Case 2006

Duncan Grant, a charity worker and UK citizen, had set up Anchorage shelter in Colaba,
Mumbai, in 1995. Allan Waters, another UK citizen, was a visitor to the home. The pair
were charged in 2001 with sexual assault after five boys complained to the police about
repeated sexual and physical abuse by the men. They were acquitted by the High Court in
Mumbai in 2008 for lack of evidence. But the Supreme Court overturned that decision
and upheld guilty verdicts from the trial court in 2006 which sentenced the men to six
years.

After POCSO (The Protection of Children from Sexual Offenses Act)

The Protection of Children from Sexual Offences Act, 2012 received the Presidents
assent on 19 June 2012 and was notified in the Gazette of India on 20 June 2012. The Act
is due to come into force shortly, along with the rules being framed under the Act.
State of Maharashtra Vs. Dattatraya
Accused was found guilty under POCSO and awarded the death penalty. Accused was
neighbor of the victim, age 5 years. He took the victim to his house forcibly had vaginal
& anal sex, caused her head injuries and smothered her as a result of which she died.[13]
Sarath Chandra Pottala V. Union of India
Petitioner challenged the constitutional validity of POCSO on the grounds that if a
question arises over the age of the accused, the Special Court has the power to determine
the same. However it has no power to seek determination of the age of the victim if there
is a dispute regarding it. The petition was dismissed in view of article 15 (3) of
constitution and beneficial nature of POCSO.
Juvenile Justice (Care and Protection of Children) Act, 2000
The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal
framework for juvenile justice in India. The Act provides for a special approach towards
the prevention and treatment of juvenile delinquency and provides a framework for the
protection, treatment and rehabilitation of children in the purview of the juvenile justice
system. This law, brought in compliance of the 1989 UN Convention on the Rights of the
Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and
ratified the UNCRC in 1992. This Act has been further amended in 2006 and 2010. The
Government of India is once again contemplating bringing further amendments and a
review committee has been constituted by Ministry of Women and Child Development
which is reviewing the existing legislation.
The Act is considered to be extremely progressive legislation and the Model Rules 2007
have further added to the effectiveness of this welfare legislation. However, the
implementation is a very serious concern even in 2013 and the Supreme Court of India is
constantly looking into the implementation of this law in Sampurna Behrua Versus Union

of India and Bachpan Bachao Andolan Versus Union of India. In addition to the Supreme
Court, the Bombay and Allahabad High Courts are also monitoring implementation of the
Act in judicial proceedings. In order to upgrade the Juvenile Justice Administration
System,

the

Government

of

India

launched

the Integrated

Child

Protection

Scheme (ICPS) in 2009-10 whereby financial allocations have been increased and
various existing schemes have been merged under one scheme.
A separate petition titled Deepika Thusso Versus State of Jammu and Kashmir is also
pending consideration before the Supreme Court on implementation of the Juvenile
Justice Act, 1997 which is applicable in the State of Jammu & Kashmir.
Based on a resolution passed in 2006 and reiterated again in 2009 in the Conference of
Chief Justices of India, several High Courts have constituted "Juvenile Justice
Committees" headed by sitting Judges of High Courts. These committees supervise and
monitor implementation of the Act in their jurisdiction.

History of juvenile justice legislation in India

The first legislation on juvenile justice in India came in 1850 with the Apprentice
Act which required that children between the ages of 10-18 convicted in courts to be
provided vocational training as part of their rehabilitation process. This act was
transplanted by the Reformatory Schools Act, 1897, the Indian Jail Committee and later
the Children Act of 1960. The Juvenile Justice Bill was first introduced in the Lok
Sabha on 22 August 1986. This Act was further amended in 2006 and 2011 and is now
known as the Juvenile Justice (Care and Protection) Act, 2000. The State of Jammu and
Kashmir has repealed its existing juvenile law of 1997 and has enacted theJammu &
Kashmir (Care and Protection of Children) Act 2013. This legislation is very similar to
India's national juvenile law except that it does not contain any provision on adoption.
Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of
2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment

Act, 2006 (33 of 2006)., states that: Prohibition of publication of name, etc., of juvenile
or child in need of care and protection involved in any proceeding under the Act-(1) No
report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a
juvenile in conflict with law or a child in need of care and protection under this Act shall
disclose the name, address or school or any other particulars calculated to lead to the
identification of the juvenile or child shall nor shall any picture of any such juvenile or
child shall be published: Provided that for any reason to be recorded in writing, the
authority holding the inquiry may permit such disclosure, if in its opinion such disclosure
is in the interest of the juvenile or the child. (2) Any person who contravenes the
provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five
thousand rupees.
While provisions relating to the Juveniles in conflict with law are very important from
jurisprudence point of view, this Act becomes very crucial for Children in Need of Care
and Protection, as they are very large in number. Section 29 of the Act provides
constituting five members District (Administrative unit in India) level quasi-judicial body
"Child Welfare Committee". One of the members is designated as Chairperson. At least
one of the members shall be woman. The Committee shall have the final authority to
dispose of cases for the care, protection, treatment, development and rehabilitation of the
'Children in Need of Care and Protection' as well as to provide for their basic needs and
protection of human rights.
The Supreme Court of India vide Judgement in Hari Ram Versus State of
Rajasthan confirmed the retrospective effect of the Juvenile Justice Act, 2000 in 2009,
which was earlier confirmed by some of the High Courts in India, particularly by
Bombay High Court.
Pursuant to an order of Delhi High Court, the Act was further amended in 2011 whereby
certain provisions which were discriminatory to the persons affected by leprosy have
been deleted.
Criticism

The Ministry of Women and Child Development started contemplating bringing several
desired amendments in 2011 and a process of consultation with various stake holders was
initiated. A draft Bill in this regard was prepared and was pending before the Ministry of
Law and Justice for scrutiny and was put up on the official website of Ministry of Women
& Child Development in June 2014 for public inputs. The Delhi gang rape case in
December 2012 had tremendous impact on public perception of the Act. Contrary to the
reality, Media highlighted that the juvenile allegedly involved in this case was the "Most
Brutal" of all accused persons. Eight writ petitions alleging the Act and its several
provisions to be unconstitutional were heard by the Supreme Court of India in the second
week of July 2013 and were dismissed, holding the Act to be constitutional. Demands for
a reduction of the ge of juveniles from 18 to 16 years were also turned down by the
Supreme Court, when the Union of India stated that there is no proposal to reduce the age
of a juvenile.
Many experts and activists viewed post December 2012 Delhi Gang Rape responses as
creation of media sensationalisation of the issue, and cautioned against any regressive
move to disturb the momentum of Juvenile Justice Legislation in the Country. However
some sections in the society felt that in view of terrorism and other serious offences,
Juvenile Justice Act of 2000 needed to be amended to include punitive approaches in the
existing Juvenile Justice Law, which so far is purely rehabilitative and reformative. In
July 2014, Indian Express reported that Pakistan-based terrorist organization Lashkar-eToiba had asked its members to declare their age to be below 18 years. This would ensure
that they are tried under the Juvenile Justice Act instead of the Indian Penal Code (IPC).
The maximum punishment under the Act is three years. Some argued that there is no need
of tampering with Juvenile Justice Act for putting up effective deterrent against terrorism.
National Commission for Protection of Child Rights
The National Commission for Protection of Child Rights (NCPCR) is an Indian
governmental commission, established by an Act of Parliament, the Commission for
Protection of Child Rights Act in December 2005. The Commission began operation a
year later in March 2007. The Commission considers that its Mandate is "to ensure that

all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with
the Child Rights perspective as enshrined in the Constitution of India and the UN
Convention on the Rights of the Child."[1] As defined by the commission, child includes
those up to the age of 18 years. NCPCR present chairperson Ms. Kushal Singh.

Activities
Commission had asked to form special cells in schools to solve problems of children. The
cell will examine the mental and physical torture against children. Complainsts regarding
sexual harassment mental harassment, favouritism etc. should be informed to the
Taluk/District Legal Services Authority within 48 hours.
Findings
The above said recommendations were the based on a survey involving 6,632 students.
All of them replied to have been harassed. 75% of them informed of being beaten. 69%
did get slaps on their face. 0.4% were given electric shocks by the teachers.
Main recommendations
Seminars should be conducted for teachers to improve their teaching styles. The dignity
of a student should be accepted by everyone. Drug addiction, copying, violence etc.
should be curtailed. State Commissions of Protection of Child Rights should be
established.
Right of Children to Free and Compulsory Education Act
The Right of Children to Free and Compulsory Education Act or Right to Education
Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which
describes the modalities of the importance of free and compulsory education for children
between 6 and 14 in India under Article 21A of the Indian Constitution. India became one
of 135 countries to make education a fundamental right of every child when the act came
into force on 1 April 2010.

History
Present Act has its history in the drafting of the Indian constitution at the time of
Independence but is more specifically to the Constitutional Amendment of 2002 that
included the Article 21A in the Indian constitution making Education a fundamental
Right. This amendment, however, specified the need for a legislation to describe the
mode of implementation of the same which necessitated the drafting of a separate
Education Bill.
A rough draft of the bill was composed in year 2005. It received much opposition due to
its mandatory provision to provide 25% reservation for disadvantaged children in private
schools. The sub-committee of the Central Advisory Board of Education which prepared
the draft Bill held this provision as a significant prerequisite for creating a democratic and
egalitarian society. Indian Law commission had initially proposed 50% reservation for
disadvantaged students in private schools.
On 7 May 2014, The Supreme Court of India ruled that Right to Education Act is not
applicable to Minority institutions

Implementation and funding

Education in the Indian constitution is a concurrent issue and both centre and states can
legislate on the issue. The Act lays down specific responsibilities for the centre, state and
local bodies for its implementation. The states have been clamouring that they lack
financial capacity to deliver education of appropriate standard in all the schools needed
for universal education.[18] Thus it was clear that the central government (which collects
most of the revenue) will be required to subsidise the states.
A committee set up to study the funds requirement and funding initially estimated
that Rs 1710 billion or 1.71 trillion (US$38.2 billion) across five years was required to
implement the Act, and in April 2010 the central government agreed to sharing the
funding for implementing the law in the ratio of 65 to 35 between the centre and the
states, and a ratio of 90 to 10 for the north-eastern states. However, in mid 2010, this

figure was upgraded to Rs. 2310 billion, and the center agreed to raise its share to 68%.
[18]

There is some confusion on this, with other media reports stating that the centre's

share of the implementation expenses would now be 70%. At that rate, most states may
not need to increase their education budgets substantially.
A critical development in 2011 has been the decision taken in principle to extend the right
to education till Class X (age 16) and into the preschool age range.[22] The CABE
committee is in the process of looking into the implications of making these changes.
Advisory Council on Implementation
The Ministry of HRD set up a high-level, 14-member National Advisory Council (NAC)
for implementation of the Act. The members include

Kiran Karnik, former president of NASSCOM

Krishna Kumar, former director of the NCERT

Mrinal Miri, former vice-chancellor of North-East Hill University

Yogendra Yadav social scientist. India

Sajit Krishnan kutty Secretary of The Educators Assisting Children's Hopes

(TEACH)India.

Annie Namala, an activist and head of Centre for Social Equity and Inclusion

Aboobacker Ahmad, vice-president of Muslim Education Society, Kerala.

Status of Implementation
A report on the status of implementation of the Act was released by the Ministry of
Human Resource Development on the one year anniversary of the Act. The report admits
that 8.1 million children in the age group six-14 remain out of school and theres a
shortage of 508,000 teachers country-wide. A shadow report by the RTE Forum
representing the leading education networks in the country, however, challenging the
findings pointing out that several key legal commitments are falling behind the
schedule. The Supreme Court of India has also intervened to demand implementation of
the Act in the Northeast. It has also provided the legal basis for ensuring pay parity
between teachers in government and government aided schools.
Haryana Government has assigned the duties and responsibilities to Block Elementary
Education OfficerscumBlock Resource Coordinators (BEEOs-cum-BRCs) for effective

implementation and continuous monitoring of implementation of Right to Education Act

in the State.
Precedents
It has been pointed out that the RTE act is not new. Universal adult franchise in the act
was opposed since most of the population was illiterate. Article 45 in the Constitution of
India was set up as an act:
The State shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
As that deadline was about to be passed many decades ago, the education minister at
the time, M C Chagla, memorably said:
Our Constitution fathers did not intend that we just set up hovels, put students
there, give untrained teachers, give them bad textbooks, no playgrounds, and say,
we have complied with Article 45 and primary education is expanding... They
meant that real education should be given to our children between the ages of 6
and 14 M.C. Chagla, 1964
In the 1990s, the World Bank funded a number of measures to set up schools
within easy reach of rural communities. This effort was consolidated in the Sarva
Shiksha Abhiyan model in the 1990s. RTE takes the process further, and makes
the enrolment of children in schools a state prerogative.
Criticism
The act has been criticised for being hastily-drafted, not consulting many groups
active in education, not considering the quality of education, infringing on the
rights of private and religious minority schools to administer their system, and for
excluding children under six years of age. Many of the ideas are seen as
continuing the policies of Sarva Shiksha Abhiyan of the last decade, and the
World Bank funded District Primary Education Programme DPEP of the '90s,
both of which, while having set up a number of schools in rural areas, have been
criticised for being ineffective and corruption-ridden.

1. OPINION
2. Public-private partnership
3. Infringement on private schools
4. Barrier for orphans
5. Admissions
Odisha State Child Protection Society
Odisha State Child Protection Society (OSCPS) is the technical, fundamental and
functional unit of Women & Child Development Department, Government of Odisha, for
implementation of Integrated Child Protection Scheme (ICPS). OSCPS has been
registered in the year 2009 under Society Registration Act. District Child Protection Units
(DCPUs) as the extended bodies of OSCPS, have been constituted to carry out the
activity of ICPS at district and sub-district level.
Genesis
Women and Child development Department has signed a MoU with Ministry of Women
and Child Development, GoI to implement Integrated Child Protection Scheme (ICPS) in
the state of Odisha through Government and Civil Society Partnership. The aim of ICPS
is focused on institutionalizing child protection mechanism and services, effective
functioning of existing stake holders and regular capacity building and monitoring of
child protection programme & activities. For ceating a safety net for children and to
ensure an efficient Juvenile Justice system in the state of Odisha, OSCPS through
Integrated Child Protection Scheme lay special emphasis upon the children at most
difficult situations such as Child in Need of Care and Protection, Juvenile in Conflict
Law, Juvenile in Contact with Law and Other Vulnerable Children. Care and Protection
of Vulnerable Children are being catered through various protection measures under this
scheme. Separate units were set up comprising dedicated and skilled professionals for
effective implementation of the scheme.

Objectives

To facilitate and operate in an additional and technical capacity to the W & CD

Deptt., Govt. of Odisha for the implementation of Integrated Child Protection
Scheme(ICPS) in the State.

To set up DCPU in all the districts

To establish and strengthen a continuum of services for Emergency Outreach,

Institutional Care, Family and Community based Care, Counseling and Support
services.

To strengthen necessary structures and mechanisms for effective implementation

of the scheme at the state and district level.

Define and set standards of all services including the functioning of statutory
bodies.

Build capacities of all functionaries including, administrators and service

providers, at all levels by establishing partnerships with relevant State and National
Agencies.

Ensure that members of allied systems including, local bodies, police, judiciary
and other concerned departments of State Governments are sensitized and trained to
undertake desired responsibilities towards protection of child rights.

Create mechanisms for a Child Protection Data Management System including

MIS, Resource Directory and Child Tracking System at the district and state level for
effective implementation and monitoring of child protection services in the state.

Functions

Contribution to the effective implementation of child protection legislation,

schemes and achievement of child protection goals laid out in the National Plan of
Action for Children. In doing so, OSCPS follows national and state priorities, rules
and guidelines.

Implementation, supervision and monitoring of ICPS and all other child

protection scheme/programs and agencies/institutions at State level and district level.

Setting up and monitoring District Child Protection Unit (DCPU). Providing

financial support to DCPU for carrying out district level activities.

Ensuring effective implementation of the Juvenile Justice (Care and Protection of

Children) Act, 2000 & it's subsequent amendments and Odisha Juvenile Justice (Care
and Protection of Children) Rules.

Ensuring of effective implementation of other legislations and policies for child

protection in the State viz. Hindu Adoption and Maintenance Act (HAMA) 1956,
Child Labour (Prohibition and Regulation) Act 1986, Child Marriage Prohibition Act
2006, and Immoral Traffic Prevention Act 1986, Pre-Conception and Pre-Natal
Diagnostic Techniques (Prohibition of Sex Selection) Act 1994, Commissions for
Protection of Child Rights Act 2005, Protection of Children from Sexual Offence Act
2012, etc. and any other Act that comes into force for protecting child rights.

Networking and coordinating with all government departments to build intersectoral linkages on child protection issues, including Departments of Health,
Education, Social Welfare, Urban Basic Services, Backward Classes & Minorities,
Youth Services, Police, Judiciary, Labour, State AIDS Control Society, voluntary and
civil organizations working in the field of child rights and protection.

Carrying out need-based research and documentation activities at state-level for

assessing the number of children in difficult circumstances and creating State-specific
databases to monitor trends and patterns.

Training and capacity development of all personnel (Government and

Nongovernment) working under child protection system.

Providing quarterly progress report to MWCD on Program implementation.

Liaisoning with MWCD and State Child Protection Societies of other States/UTs.

Providing secretarial support to the State Level Committees related Child

Protection.

Maintaining a state level database of all children in institutional care and family
based non-institutional care and update it on a quarterly basis.

Undertake need based innovative projects aimed at bringing efficiency in child

protection mechanism in the state of Odisha.

Conceptualize and develop materials for creating informed citizenship and child
sensitive environment at all levels through awareness generation and raising
concerns.

Rainbow Festival

Rainbow is a benchmark festival of Odisha State Child Protection Society, observed at

state level every year followed by observance of its district chapters. Rainbow creates a
platform of inclusive growth for children living in child care institutions and special need
children, where the children showcase their innate abilities. This two-day-long residential
festival involves a series of workshops, competitions, events, etc. where children get an
opportunity for their creative reflection.