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Children

The document outlines various legislative and policy measures taken in India to protect children's rights, including the POCSO Act and the Child Labour Act. It highlights ongoing challenges such as socio-cultural barriers, poor implementation of laws, and the need for reforms in child adoption processes. Recommendations include improving nutritional security, quality education, and governance, as well as addressing child labour and adoption issues through better data management and legal reforms.
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0% found this document useful (0 votes)
15 views5 pages

Children

The document outlines various legislative and policy measures taken in India to protect children's rights, including the POCSO Act and the Child Labour Act. It highlights ongoing challenges such as socio-cultural barriers, poor implementation of laws, and the need for reforms in child adoption processes. Recommendations include improving nutritional security, quality education, and governance, as well as addressing child labour and adoption issues through better data management and legal reforms.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Steps taken:

Children 1. Legislation: POCSO act, Juvenile Justice


Amendment act, Child Labour act, Prohibition
of child marriage act.
2. Policy: National Policy for children,2013
1. Child Rights 3. Dedicated organisation: National and state
commission for Protection child rights
Data/Facts: 4. constitutional provisions : Article 21A, 24
• According to UNCRC ( United Nations and article 39(e)
Convention on the Rights of the Child), child 5. International level : Ratification of ILO
is defined as every human being below the age convention 138 and 182.
of 18 years.
• Child right are the minimum entitlements
and freedoms. Barriers Persist:
1. Socio-cultural : patriarchal society, lack of
Facets of child right violations in India: social acceptance for child protection laws, non
1. Social : physical and verbal abuse, Child reporting of violence cases.
marriage, labour and trafficking? 2. Political : poor implementation of laws, flawed
2. Health: malnutrition, high infant and under or delayed justice, non uniformity in
5 mortality rate, Post covid 19 impacts on definition of child ( child labour act defines
mental health, learning loss and orphans. child under age of 14)
3. Economic : unemployment and poverty
Needs to be done :
1. Nutritional security: protein rich diet to
reduce malnutrition
2. Quality Education : empowering and
enhancing capabilities
3. Implementation of laws: strengthening of
existing doorways of justice
4. Governance : bottom up policy
implementation
5. Private sector hand: bridge the resource gaps
through CSR
6. Role of media & civil society : Awareness
generation about child rights.
2. Child Labour
Steps Taken:
1. National:
Data/Facts:
• Gurupadswamy committee, 1979 to study
• As per ILO, It is the work that deprives children
this issue and recommend policy approach.
of their early potential and dignity which
• Child labour (prohibition and Regulation)
affects physical and mental development.
Amendment Act, 2016
• 160 million globally and 10.1 million in
• National child labour project scheme
India alone.
• Web portals like PENCiL( platform for
effective enforcement of no child labour)
Constitutional Provisions:
• Mission Vatsalya : healthy and happy
1. Fundamental Rights: Article 21A,23 and 24
childhood
2. DPSP: Article 39e and 45
2. International:
Factors behind the menace:
• Ratification of ILO convention 138 and 182
1. Structural:
• Lack of reliable data , latest being the census
Way ahead:
of 2011
1. Reforms - judicial, political and police for
• informal nature of Indian economy which
better formation and implementation of laws
makes it a “hidden evil”
2. Digitalisation- of records and data to make the
• Prevalence of illegal economic activities: rat
child labour visible
hole mining, fire crackers etc.
3. Integrated approach : from poverty alleviation
to capacity building of children and parents.
2. Functional:
4. Bachpan Bachao Andolan - Kailash
• abuse and misuse of laws: ambiguities like
Satyarthi.
allowance to do some specific works.
• Policy implementation lacks teeth.
3. POCSO Act, 2012 and Amendment(2019) Challenges/Concerns:
• Structural : ambiguity in understanding
About: consensual sex involving adolescents ( SC )
• comprehensive law to protect children ( age • Functional : High pendency, low conviction
below 18 years) from offences of sexual rate ( around 14%), Absence of exclusive
assault, sexual harassment and Special Courts, Procedural lapses in
pornography. investigation.
• Amended in 2019 to impose stringent
punishment for sexual crimes. Key Recommendations :
• Decriminalise consensual sexual acts
involving adolescents above 16 years.
• Introduction of comprehensive sexuality
education to help adolescents make informed
decisions
• Establishment of adequate number of Fast
Track courts
4. Child Adoption in India

Data/Facts:
• It is estimated that there are 29.6 million
stranded, orphaned and abandoned children
in India.
• Just 3- 4,000 get adopted annually.
• Unregistered Child Care Institution (CCI)
and their poor functioning led to death of
762 children
• 118th Report on the Subject ‘Review of
Guardianship and Adoption Laws' has Initiatives:
recommended to harmonise various laws. 1. Amendment to Juvenile Justice Act,2015
which empowers DMs to authorise adoption.
2. Amendment to adoption regulation,2021 to
Reasons for low adoption : ease inter country adoptions.
1. Lack of institutionalised care units 3. Ratification to Hague Convention on inter
2. Centralisation of database like CARINGS country adoption, 1993.
system leads to hinderance. 4. Make registration with CARA mandatory.
3. Availability of legal alternatives like Hindu 5. A district level survey of orphaned abandoned
adoption and maintenance law,1956 children.
4. Prejudice around adoption - mostly infant 6. Need to bring Adoption Laws under a single
are adopted, older and disabled are left behind. Ministry for better monitoring and
5. Discriminatory adoption rules ( gay couples implementation.
not allowed)

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