Ensuring Rights,

Providing
Protection

Ministry of Women and Child

Development (GOI)

Children everywhere are

vulnerable to abuse and
exploitation by those in
positions of power and
trust

Child protection is.

Child protection implies the
interdisciplinary/
multisectoral measures
undertaken to guarantee
the survival and
acceptable development of
children, with respect to
their rights.

World over, the basis for Law and

Policy making related to Child
Rights and Protection is
The United Nations Convention on the Rights
of the Child (UNCRC) (November 1989)
ratified by India on 11th December 1992 1.

Prescribes a set of standards to be adhered to

by all state parties

2.

Emphasizes social reintegration of child

victims

3.

It is the one UN document which has been

ratified by the largest number of countries
except US and Somalia

4.

Speaks of Rights of Survival, Development,

Protection and Participation for all children

Also International
Instruments like UN standard minimum rules 1985 (Beijing rule)
UN rules for the protection of juveniles
deprived of their liberty 1990
These set the minimum standard to be
adhered to in the administration of juvenile
justice in respect of juveniles in conflict with
law.
The United Nations Guidelines for the
Prevention of Juvenile Delinquency (Riyadh
Guidelines) and all other relevant international
instruments focus on the prevention of juvenile
delinquency and provide guidelines for it

Indias children
India has the highest number of
children in the world
More than one third of the
countrys population is below
18 years over 400 million
India is set to be the youngest
population in the world by 2020

The scenarioa glimpse!

India has:
Highest rate of neo-natal deaths
(around 35%) in the world
40% of child malnutrition in
developing world
50% of child mortality in the
developing world
Reduced number of girls in 0-6 age
group- for every 1000 boys 927 girls
46% children from Scheduled Tribes
and 38% from Scheduled castes are
out of school

And also
High school dropouts especially amongst
girls
High rate of child marriage:
37% of literate & 51% of illiterate girls
are married off below the age of 18
10% of literate & 15% of illiterate boys
are married off below the age of 18
Large number of children in forced
labour
Large number of sexually abused
children almost 54% children reported
sexual abuse in a national study
conducted by MWCD

What creates the strong need for

Protection??
Deprivation, destitution and neglect
Rural-to-urban migration
Diminishing role of family
Erosion of social values, weakening of informal
social controls
Of the 37 million children in urban poverty,
majority of them live in informal (illegal)
settlements (railway lines, mohullahs, on the
street)
Working to earn money to contribute to
families (street and working children) and are
forced into crime or exploited commercially
Vulnerability increases with increase in prices,
cost of living
Sudden change in earning status of parents to
unemployed

Even before ratifying UNCRC, India

had created a protection mandate
for children.
Constitutional mandate :

Article 15 grants - Prohibition of

discrimination on grounds of
religion, race, caste, sex or place of
birth
- 15(3) which states that despite Article
15 Nothing in this article (i.e. article 15)
shall prevent the State from making any
special provision for women and children.
Articles 23/24 Right against Exploitation

And also
Article 39 - State shall, in particular, direct its policy
towards securing
(e) that the health and strength of workers, men and
women, and the tender age of children are not
abused and that citizens are not forced by economic
necessity to enter vocations unsuited to their age or
strength;
(f) that children are given opportunities and facilities
to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth
are protected against exploitation and against moral
and material abandonment.
Article 47 - imposes on the State the primary
responsibility of ensuring that all the needs of
children are met and that their basic rights are fully
protected

Laws were framed accordingly

LEGISLATIONS
Prohibition of Child Marriage Act, 2006
The Commissions for Protection of Child Rights Act, 2005
The Juvenile Justice (Care and Protection of Children) Act,
2000.
The Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995.
The Pre-Conception and Pre-natal Diagnostic Technique
(Prohibition of Sex Selection) Act, 1994
The Infant Milk Substitutes, Feeding Bottles and Infant
Foods (Regulation of Production, Supply and Distribution)
Act, 1992.
The Immoral Traffic (Prevention) Act, 1986
The Child Labour (Prohibition and Regulation) Act, 1986
We also need to keep in mind Offences against children Bill proposed
The Guardian and Wards Act, 1890.
The Young Persons (Harmful Publications) Act, 1956.

Policies written and

ratified.
POLICIES
National policy for Children 1974 is being
reviewed currently has been analysed on the
basis of the UNCRC, Participation / protection are
neglected areas. Drafting Committee is looking
at the Policy vis a vis provisions of the CRC
National Charter for Children 2004 framed to
reiterate GOIs commitment to ensure that no
child remains hungry, illiterate or sick.
National Plan of Action for Children 2005 based
on the UNCRC rights framework
Policy Framework for Children and AIDS speaks
comprehensively of GOIs resolve to serve
children affected by AIDS

CONVENTIONS,
TREATIES
UN Convention on the Rights of the Child
UN declaration A World fit for Children 2002
Assembly approved Action Plan to improve the
lives of young people reassembled in Dec 2007
(WFC+5) - time bound targets had been identified
for promoting healthy lives, providing quality
education, protecting against abuse
/exploitation /violence and discrimination and
combating HIV/AIDS
Millennium Development Goals 2015 is the target
date
SAARC social charter SAARC conventions on Child Welfare and
Trafficking

Schemes developed
Integrated child
development Scheme
(ICDS)
Rajiv Gandhi National
Creche Scheme
Nutrition Component of
Prime Minister Gramodya
Yojana
Nutrition Programme for
Adolescent Girls
Reproductive and Child
Health Programme
Pulse Polio Immunization
Programme
Sarva Shiksha Abhiyan
National Programme for
education of girls at
elementary level
Kasturba Gandhi Balika
Vidyalaya

Mid - day meal scheme

Shishu greha
Juvenile justice
programme
Scheme for working
children
Grant-in-aid scheme for
voluntary organisations
An
Integrated
Programme for Street
Children

Childline
Services
The
National
Rural
Health Mission (2005-12)
National Child Labour
Projects. (NCLP)
Integrated Child
Protection Scheme
(ICPS) - proposed

And Institutions created

National Institute for Public Cooperation and Child
Development (NIPCCD) to research and build
capacities around Child Development and Protection
of all concerned stakeholders
National Commission for Protection of Child Rights
(NCPCR) to study and monitor all matters related to
legal and constitutional rights of children; to review
existing laws and suggest amendments; and ensure
protection of Child rights in India
Central Adoption Resource Agency (CARA) premier
agency in the country related to intra and out of
country adoption

The legal foundation of the Child

Protection mandate in India is ..
The Juvenile Justice Act which first came into force
in 1986 - Was renamed and rewritten in 2000 to
be called the Juvenile Justice (Care and
Protection of children) Act - Is the premier law
related to all individuals [children/juveniles]
below 18 years of age, in India
The Commissions for Protection of Child
Rights Act, 2005 - Provides for setting up of
National and State level Commissions for
Protection of Child Rights - for proper
enforcement of childrens rights and effective
implementation of laws and programmes relating
to children.

The Juvenile Justice Act

seeks
To provide care/protection to children
by:
Catering to a childs development needs
Adopting a child friendly atmosphere
and approach, for adjudication of cases
related to juveniles/children
Keeping the childs best interest in
mind
Keeping rehabilitation of the child as a
goal

Juvenile Justice Act

The Act places children/juveniles in two
categories
1. Juvenile
in conflict with the law
handled
by
State
Governments/
Juvenile Boards
2. Child in need of care and protection to
be looked after by State Governments/
Child Welfare Committees
Act to be implemented by the respective
State Governments

Children in need of care

and protection are
those
Who are homeless, no subsistence
Who reside with an abusive, violent
guardian/or caregiver who has history of
abuse with said child or other children
Who are mentally, physically challenged,
or terminally ill with no caregiver
Who are victims of armed conflict, civil
commotion, or natural calamity

Alsovulnerable children
such as..
Orphan/abandoned, or run away,
or missing, whose parents cannot
be found
Children who are being, or are
vulnerable,
to
abuse/sexual
exploitation/torture/illegal acts
Children vulnerable to drug abuse
and trafficking

Features of the amended JJ

Act - 2006
o
o

o
o

Greater intervention of
NGOs & local authorities.
Special emphasis on
rehabilitation and social
reintegration of the
children
Adoption of children
simplified
Registration of all child
care institutions within
six months of the
amendments coming
into force
To set up special juvenile
police units -

o A child is an individual
below the age of 18
years.
o To set up Juvenile
Justice Boards - JJBs and
Child Welfare
Committees CWCs -in
every district.
o All offences against a
juvenile are cognizable
offences crimes
against children
identified
o SJPUs.

Crimes Against Children

Punishment for cruelty imprisonment for a
term of six months or fine, or both.
Employment for begging imprisonment may
extend up to three years and also fine
Penalty for giving psychotropic substance
imprisonment may extend up to three years
and also fine
Exploitation of child employees - imprisonment
may extend up to three years and also fine
(except upon the advice of a duly qualified
medical practitioner)
Crime against children are cognizable offences
On receipt of compliant, the police must
arrest the perpetrator
Police must file an FIR
Police will release the child on bail.

Protection
Handling by special juvenile police
Handcuffing of juvenile/child prohibited.
Police should not be in uniform
Child / juvenile cannot be kept in jail or
lock-up
No death penalty or life imprisonment
Proceeding are informal, participatory and
private.
Deletion of record of juvenile after 7 years
Parents to be involved in juvenile
processes
Right to free legal aid
No joint trial of a juvenile with an adult
Information about a juvenile cannot be
released to media.

A Vision for the futureIntegrated Child

Protection Scheme (ICPS)

Objective: To provide an environment for

safe and wholesome development of the
children who are in need of care and
protection as well as children in conflict
with law. To overcome the shortcomings
and gaps in the implementation of the
existing child protection schemes with
some additional components.
The Programme for Juvenile Justice,
Shishu Greh Scheme and Street Children
Scheme will be merged under the ICPS.

ICPS: a glimpse
CARE, SUPPORT AND REHABILITATION
SERVICES 1. Emergency outreach service through
Childline
2. Transitional shelters for children in need
in urban and semi-urban areas
3. Family based non institutional care
through: Sponsorship; Foster Care;
Adoption; and After Care Programme
4. Institutional Services: Shelter Homes;
Childrens Homes; Observation Homes;
Special Homes; and Specialized services
for children with special needs (disabled
& children affected by HIV/AIDS)
5. General grant-in-aid for need based/
innovative interventions

Also.
1. Human resource development
for strengthening counseling
services
2. Training and capacity building
3. Strengthening the knowledgebase through research and
documentation; and Child
Tracking System
4. Advocacy, public education and
communication
5. Monitoring and evaluation at
district, state and central level

THANK
YOU!