Situational-anaylsis-of-children-on-street-at-patna

A RESEARCH STUDY ON
SITUATIONAL ANALYSIS OF
CHILDREN ON STREET
AT PATNA

BY
BAL SAKHA
18-A, Patliputra Colony
Patna- 800011, Bihar
Ph No - 0612 – 2270043, 0612- 3293953
Email: balsakha@yahoo.com

MAY 2011

RESEARCH CORE TEAM

Chief Coordinator

Shri Sanat Kumar Sinha

MEMBER

Mr. Tarkeshwar singh, Mr.Nawazul haque, Mr.Pankaj Kumar, Miss
Annupriya, Mr. Rajesh Kumar, Mr.Shami Ahmad

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Acknowledgement

Indeed, Children are the most unprotected segment of the society because they entirely
depend on the decisions and action of the others for their survival, growth and over all
development. In a developing country like India the magnitude of street children / working
children is continuously increasing. Post independence, Government of India passed several
laws to ensure the protection of child rights, but the land mark legislation for the CHILD is
Juvenile Justice (care and protection of children) Act, 2000, which is based on the provisions of
the Indian Constitution and UNCRC. However the main issue is: Are children getting societal and
political attention they deserve? And whether the concepts of child rights infused and
communicated sufficiently among civil society members? Keeping in view above issues, it is
essential that stock-taking is done from time to time in different parts of the country.

The purpose of this study is to analyze the current situation of street children in Patna and
provide information to all stake holders working for the protection of children and making ways
for realizing the child rights.

This research study would not have been possible without the dedicated effort of BAL Sakha in
taking the lead role and providing the support. Nor would it have been possible without the
generous encouragement and assistance of Railway Children, India.

I would also like to thanks Mr.Sanat Kumar Sinha, chief coordinator BAL Sakha for his valuable
critical suggestions and guidance during the conceptualization and planning of the study.

A special note of appreciation goes to my team of data analyst Mr. Ravi Ranjan sinha for the
skill full handling of data’s and presentation of work.

It might be added that the purpose of the study will be more then fulfilled, if it manages to
spark off citizens, voluntary organization and public authorities to move for a more effective
implementation of child protection mechanism in the country.

Last but not the least our special thanks to all the respondent children, who were participated
in this study to make my headway.

N.Haque

Consultant

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BALSAKHA

Study Team

Nawaz ul haque (team leader)
Sanat kumar Sinha (chief co-ordinator)
Tarkeshwar Singh (co-ordinator)
Ravi ranjan sinha (research analyst)
Rupam
Kunadan
Ravi
Neha

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Contents
Executive summary

Chapter -1

1.1 Introduction
1.2 Situation of street children in India
1.3 On the streets of Patna
1.4 Background of the survey
1.5 Aims and objectives
1.6 Research methodology and design of the study
1.7 Preparation for the implementation of the field survey
1.8 Field survey
1.9 Data collection
1.10 Quality control mechanisms
1.11 Interview procedure
1.12 Focus group discussion
1.13 Data analysis
1.14 Time frame

Chapter-2

Section –A

Child rights –international instruments and Indian legislation

Section –B

Findings &results
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Profile of the respondents

Chapter - 3

Recommendations

References

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Executive summary

This situational analysis study on streets children at Patna was carried out on 555 street
children in the age group of 5 to 18 years of age and conducted during February to April 2011.
The present study was intended to capture the rapid situational analysis of street children, their
various demographic, age, religion, socio-economic factors, patterns and trend for leaving
home, health, working conditions, knowledge, access to services, attitudes, behavior and
future inclination. It should be emphasized that the data is not based on secondary sources but
what can be defined as a sample of sufficient size (555 respondents) to yield reliable data.

The study confirmed many findings of previous studies like age and gender profile and thrown
light on all variables. The following are the some of the vital findings of this study.

 Approximately 40%children are in the age group of 11-14 years, among 555respondents
75% were male and 25% were female proportionally a lower percentage compared to
males.
 Religious profile shows 91% were reported Hindu and 9% were Muslim.
 The most noteworthy drivers of the respondent street children population happens to be a
complex of poverty, hunger, lack of work opportunities for their parents, and limited
alternatives.
 More than 80% of the sample stated that the reason for leaving home were poverty, misery
resulted in creation of forced push and pull factor of earning and migration.
 The survey indicated that 84% children were unable to read, and write implies that the
overwhelming majority street children had virtually no education.
 The majority (97%) of the children complained about the police victim of verbal abuse and
physical assaults.
 40% of the sample children said that they abuses substance (sulation / whitener) or similar
type of drugs for excitement.
 Daily working hours ranges between 5 to 7 hours in a day and average income fortnightly
ranges from Rs. 700 to Rs.750.
 More than 76% street children reported that they felt sick. The most common sickness were
fever, headache and waterborne disease.
 The street children are involved in a variety of activities. The most frequently mentioned
activities are rag picking, begging, helper in a shop, shoe polisher, brooming in train, selling
water bottles, etc.
 The children express their desire to avail education and skill training opportunities if they
get any chance.
 Only 3% children are aware of organizations which provide assistance to street children.
Children who visited the organization mentioned that they visited for food, clothing and for

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watching T.V.
 Among all street children 61% are very unpredictable about their future inclination, shows
gloomy picture of their uncertainty.

Based on a careful analysis of the data as well as relying on the other secondary sources and
non-governmental findings, the street child population in Patna is estimated to be in thousands
and extremely vulnerable. The study also recommends some suggestions under different
approaches and also advises general recommendations for the homeless or runaway street
children.

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CHAPTER-1
1.1 Introduction
The term “street children” generally refers to children living on the street
without family care and protection.

A widely accepted set of definitions, commonly attributed to Amnesty International,
divides street children into two main categories:

 Children on the street who are engaged in some kind of economic activity ranging from
begging to vending. Most go home at the end of the day and contribute their earnings
to their family. They may be attending school and retain a sense of belonging to a
family. Because of the economic fragility of the family, these children may eventually
opt for a permanent life on the streets.
 Children actually living on the street (or outside of a normal family environment). Family
ties may exist but are tenuous and are maintained only casually or occasionally.

UNICEF (United Nation Children Education Fund) defines street children as:

 Children on the street: children who have to work on the street because their families
need money to survive.
 Children on the streets: children from poor families who sleep on the streets. Some
come from underprivileged parts of the country into the city; others are those who run
away from homes.
 Children of the street: orphan and abandoned children whose parents have died
because of illness or war, or to whom it was simply impossible to look after these
children.

The definition of ‘street children’ is contested, but many practitioners and policy makers
use UNICEF’s concept of boys and girls aged under 18 for whom ‘the street’ (including
unoccupied dwellings and wasteland) has become home and/or their source of
livelihood, and who are inadequately protected or supervised .

As a generic term ‘street children’ applies to several sub-sets of children in India, such as
abandoned, runaway, or maladjusted children.

Thus we can say that street children are the products of poverty, domestic violence,
breakdown of families, loss of traditional values, economic crisis, physical and
psychological abuse.

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The growing number of children who work on the street or even live there permanently
is one of the most acute global problems.

According to a report from the Consortium for Street Children, a United Kingdom-based
consortium of related NGOs:

In 1989, UNICEF estimated that 10 million children were growing up on the urban street
around the world. Fourteen years later UNICEF reported: the latest estimates put the
number of these children as high as 100 million. An even more recently: the exact
number of street children is impossible to quantify but the figures almost certainly runs
into tens of millions across the world. It is likely that the numbers are increasing
gradually. In its 2008 report on the state of the world children, the UNICEF lists a total of
60 priority countries for action on child survival and safety, of which almost two-thirds
(38) are in sub-Saharan Africa. The list also includes the whole of the Indian sub-
continent, the main Southeast Asian nations, and Brazil, Haiti and Mexico in the
Americas.

1.2 Situation of street children in India (an overview)

According to the UNICEF and the World Health Organization (WHO), the steadily growing
numbers of street children worldwide could be 100 to 150 million. India has the highest
concentration; in 1994, UNICEF itself estimated that 11 million children lived in the
streets of India, while other groups put the numbers as high as 20 million. Two in three is
a male. Moreover, while the majorities are between 11 to 15 years, a large percentage
belongs to the 6-10 age groups. A large proportion of these children are laboring as
porters at bus stands or railway stations; as mechanics in informal auto repair shops; as
vendors of food, tea or handmade articles; as street tailors; or as rag pickers, picking
things from garbage and selling usable materials to local buyers.

A study in 2007 in India found the following:

 65.9% of the street children lived with their family’s on the streets. Out of these
children, 51.84% slept on the footpath, 17.49% slept in night shelters, 30.67%
slept under fly over & bridges, railway platforms, bus stops, parks and market
places.
 The overall incidence of physical abuse among street children, either by family
members or by others or both, was 66.8% across the states, out of these, 54.62%
were boys and 45.38% were girls.

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 In a recent study in India, out of the total number of child respondents reported
being forced to touch private parts of the body, 17.73% were street children,
22.77% reported having being sexually assaulted.

Some studies revealed that as many as 90% of them could live with parents or relatives
if they so wished, though their families are in variable destitution.

1.3 On the streets of Patna

Patna is the capital of the Indian state of Bihar and one of the oldest continuously
inhabitated places in the world. Ancient Patna, known as Patliputra, was the capital of
the Magadha Empire under the Haryanka, Nanda, Mauryan, Sunga, Gupta, Pala and Suri
dynasties. The modern city of Patna is situated on the southern bank of the Ganga River.
The city also straddles the river Sone, Gandak and Pun Pun. The city is approximately 25
km long and 9 km to 10 km wide. The bridge over the Ganga River named Mahatma
Gandhi Setu is 5575m long and is the longest river bridge in India. The economy of Patna
is based on the local service industry and the per capita gross district domestic product
in Bihar is rs.31, 441. In June 2009, the World Bank ranked Patna as the second –best
city in India to start a business, after Delhi. In the recent years, the growth in Patna has
been quite phenomenal with the improvement in the law and order after the change of
regime. Several multinational companies have also come to Patna; one example is Tata
consultancy services. The hinterland of Patna is endowed with excellent agro- climatic
resources and the gains of the Green Revolution have enabled the older eastern part
(locally called as Patna City) to develop as a leading grain market in the Bihar state.

The population of Patna is over 4,718,592 comprising of rural (2, 757, 60) and urban
(1,961,532) population. The population density is 1471person per square kilometer and
the growth rate is 30.17 (1991-2001). There are 839 females to every1, 000 males. The
overall literacy rate is 63.82% and the female literacy rate is 50.8%. Many languages are
spoken in Patna. Hindi and Urdu are the official languages. The native dialect is Magadhi
or Magahi, named after Magadha, the ancient name of Bihar. Dialects from other
regions of Bihar spoken widely in Patna are Angika & Bhojpuri. Yet another language is
Maithli from Mithilanchal. Other languages widely spoken in Patna include Bengali and
English.

Patna is also a major rail junction and is well connected with all major Indian cities and
serves as an important transit point for a number of local people from other districts of

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Bihar and tourists from abroad. It is well connected through National High (NH) ways
with other major cities like Mumbai, Delhi, and Calcutta etc.

Despite all these improvements, Bihar accounts for 8.9% of the child labor in India.
According to the 2001census, 12.7 million children in the age group of 5-14 years were
working. About 540,000 children were “main workers”, who worked for over six
months, while 580,000 were “marginal workers” who worked for less than six months in
India. The state of Bihar faces the challenge of getting its children into school, not work.
The total number of children as main and marginal workers accounts for 0.54 million
and 0.58 million respectively (census2001).

The unavailability of systematic data makes it difficult to arrive at a trustworthy figure
on the number of street children in Patna Bihar; instead we can make only an educated
guess which can be gained from social indicators such as primary school enrolment and
the prevalence of child labor. Because of its capital status and easy accessibility from
other places, a number of street children approximately 700 to 800 come to the city
every year. Most of them come from rural areas of other districts to escape poverty,
domestic violence, hostile behavior of parents and unemployment. They could be easily
seen roaming in and around Patna Station, R-Block, Karbighya, Patna Sahib, old Rajinder
Nagar bridge, Danapur Station and bus stand, Gandhi Maidan, Bankipore Club etc. Here
they are involved in petty works like rag picking, boot polishing, begging for money and
selling papers and magazines at road crossing, cleaning car mirrors at traffic red light
signals, working as small labor (choto) in small shops and food vendors. In the back
ground of these broad observations, Bal Sakha tries to capture the real picture of street
children at the streets of Patna by conducting a rapid situational study and evolve
suggestive ways and measures which are likely to lead to a better understanding of their
circumstances and problems and, hopefully, of the institutional services provided to
them. Furthermore, these findings may pave the way for a qualitative change and
improvement in these services in the state of Bihar.

1.4 Back ground of the survey
Bal Sakha: from its inception in 1988 as a registered organization, it has been working
for the protection of child rights in Bihar and Jharkhand for well over quarter of a
century. The organization has a twofold approach to address child protection issues.
One is through direct community interventions to enhance the quality of the
Observation Homes (OH) and bring positive changes for the institutionalized children.
On the other hand, through the participation and the mobilization of NGOs, civil society
and the media. The organization has been to involve children in the forum to share
their experiences. Bal Sakha has optimal skills to address the issue and further its image,
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taking it to the level of bureaucracy and judiciary. While working with the children on
the streets, Bal Sakha realized that many street children coming to the centers (run by
Bal Sakha) are the victims of domestic violence, poverty, broken homes, loss of
traditional values and hostile behavior of parents, who have somehow managed to
escape from the atrocities and difficulties of life and without knowing the consequences
of future way of life landed either on the streets or railway platforms. So, during the
earlier part of the millennium, while developing strategies for intervention for street
children Bal Sakha planned to work and study the issue. For this purpose, Bal Sakha took
up the task to conduct a detailed study on street children in Patna to address the issues
faced by street children. The aim was to come out with some amicable solutions and
problem solving process for the society and the government.

About the study

The present study was intended to capture the rapid situational analysis of street
children in Patna, their various demographic, socio-economic factors, knowledge,
attitudes, practices & behavior and future inclination.

1.5 Aims and objectives

To conduct a detailed analysis of:

1. Prevalence of street children in Patna.
2. Demographic information
3. Patterns and trends for leaving home
4. Working conditions of the street children
5. Working hours, time spent in other recreational activities
6. Their perspective regarding child rights
7. Their thinking about their own future
8. Their expectation from parents/relatives/government/society/NGOs
9. Their perspective regarding importance of education and skills training programme
10. Economic profile
11. To suggest a plan of action for the Government & NGOs after assessing the needs of the
street children in Patna.
12. To give possible suggestions for improvement and betterment of street children in
holistic manner

1.6 Research methodology and design of the study

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An appropriate methodology was designed which has been represented
diagrammatically below for a clearer understanding of the study.

Data Tabulation
Secondary sources, internet
resources-documents,
progress reports, annual
reports, government Data Analysis
publications.
Data collection
information
Draft report &
Primary sources- Personal Discussion
interactions and group
discussions through field
visits.
Final report

I. CASE DEFINATION: It is a very difficult and tedious task to classify the street children
for the above study. However we covered the following three sections of the street
children.

a. Street children living/ working on the street (5-18 years of age)
b. Street children living with their parents on the street
c. Children coming again and again from other home towns /places for
living/working on the street.

II The study in Patna was conducted in a two stage process.

1st stage - mapping stage- A comprehensive exercise was under - taken and a
complete mapping of street children was done in Patna utilizing multiple
resources.

2nd stage - sample selection- After the mapping stages multiple locations under
different police stations in Patna city was selected, from where different proportion
of samples was studied. The primary unit of observation was the street child and the
selection of children within the selected police station, was done on a simple
random basis.

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III Size of the Sample: After the completion of the mapping stage, a representative
sample size of 555 subjects in consonance with the available resources was taken for the
intended study.

Sl Police Station Location No. Of Children Total
1. Sachivalay R.Block 09 19
Mithapur 10
2. Jakanpur Patna Junc. 31 38
Mithapur Bypass 03
Bus Stand 02
Karbigahiya 02
3. Pirbahore Near PMCH 22 52
Near Pirbahor Thana 01
Bankipur 07
Ashokrajpath 03
Darbhanga House 10
P.U. 09
4. Gandhi Maidan Gandhi Maidan 50 50
5. Kankarbagh Tempo Stand 22 35
Kankarbagh 13
6. Digha Ghat Bintoli 16 29
I.T.I. 05
Digha Ghat 08

7. Alam Ganj Gaay Ghat 10 18
Alam Ganj chowki 02
Ashokrajpath 02
Karbala Dargah 04
8. Kotwali Moryalok 03 09
Near White House 03
Near Kotwali Thana 02
Adalatganj 01
9. Shastri Nagar Rajbanshi Nagar 04 11
D.A.V. School 04
Near Hanuman 03
Mandir
10. City Chowk City Chowk 07 35
Non Ka Chouraha 06
Patna City Station 09
Mirchaiya Ghat 06
Saheb Ganj 02
Mangal Talab 02
Harmandir 03
11. Gulzarbagh Tulsimandi 08 27

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Railway Colony 19
12. Khajekala Near Mandir 01 28
Near Khajekalaps. 10
Near Patna City 01
Near Ganga Ghat 02
Near Neem Ghat 14

13. Patliputra & Rajeev LCT Ghat 07 28
Nagar Patliputra 07
Milki Mohallah 04
Nehru Nagar 04
Gosai Tola 06
14. Agamkuan Near Sitla Mandir 21 28
Tulsi Mandi 07
15. Gardanibagh Durga Mandir 02 26
Gardanibagh 07
Yarpur 17
16. Didarganj Cheakpost 04 04
17. S.K.Puri Children’s Park 09 12
Basawan Park 03
18. Phulwari Phulwari Block 06 10
S.B.M. School 04
19. Kadamkuan Durga Mandir 02 04
Churdi Market 01
Dariyapur 01

20. Danapur Pipa Pul 07 22
Bus Stand 02
Near Sadar Hospital 13
21. Malsalami Patna Ghat Station 02 12
Tampo Stand 05
Near Thana 02
Mangal Akhara 03
22. Budha Colony Kali Mandir 09 30
B.D.S. School 05
Budha Colony 10
Bans Ghat 04
Hanuman Mandir 02
23. Khagaul Danapur Station 14 14
24. Bahadurpur Rajendra Nagar 14 14
Station
25. Sultanganj Sultanganj 00 00
TOTAL 555

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1.7 Preparation for the implementation of the field survey

The preparation primarily involved preparation of a questionnaire and the training of
research investigators. The questionnaires were pretested on a sample of 10% of the
actual size which was modified and all required changes were incorporated.

1.8 Field survey

The field survey started on January 20 and was completed on March 10, 2011. The study
covered 555 street children from different selected locations under different police
stations.

1.9 Data collection
Both primary and secondary data was used for the purpose of the study. The secondary
information was collected from different internet resources-documents, progress
reports, annual reports and other published material of the Government of India. While
the primary information was collected through various schedules designed for different
target groups.

1.10 Interview procedure

Data collection was based on a structured interview schedule. Data collectors were Social
Science & Management graduates. Each team comprised of two members, one female
enumerator was also involved due to the fact that some street children were girls. Each
interviewer was assigned to conduct seven interviews per day at various target locations.
Extensive orientation and training was given to research investigators in the technique of
interviewing, focus group discussion and observation.

1.11 Quality control mechanism

Lot of care was taken in the preparation of the study tools and to make sure that they very
simple, precise, clear, easily understandable and free from ambiguities. Two day training on
data collection was conducted in Patna which included issues on subject selection,
explaining the rationale, objective of the study and a thorough understanding of each
question to ensure quality of work.

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1.12 Focus group discussions (FGD)

In addition to collecting information through questionnaire we used the FGD technique
to get as much qualitative detailed information as possible by allowing the children to
express and state their views freely and openly.

1.13 Data analysis

This approach was not only used to analyze the situation of street children and the
quality of child-care but also to shed light on the causes of good or bad performance.

Given this, the data entered in a computer file, tabulated and central tendencies were
calculated using statistical methods.

1.14 Time frame

The study was initiated in the month of January 2011 and completed by May 2011. The details
of the time schedule of the meetings, orientation, field work and report writing are given
below:

Sl. No. Activities Dates

1. Initial meeting at Patna January 03-05, 2011

2. Meeting to finalize tools and schedules at Patna January 06 -15, 2011
after pilot study

3. Desk research, preliminary work, and schedule January17 -22, 2011
printing

4. Orientation to investigators at Patna January 25, 2011

5. Field work and survey including PRA and group January 27-March 10, 2011
discussions

6. Analysis, data validation interpretation of data March 15 to august 15, 2011
and report writing

7. Submission of the final report August 31st , 2011

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1.15 Problems faced during survey

I. The children were not able to understand our all question.
II. The children were not speaking many things due to fear.
III. Problems of non-response and other attitudinal biases connected with
perceptional questions.
IV. The investigators during the conduct of field work posed some difficulty in
getting their responses.

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CHAPTER-2 Section –A

Child rights

International instruments and Indian legislation

India has over 400 million children below 15 years of age, bigger than the entire population of
the US. It also has the largest number, and the largest proportion, of malnourished children in
the world. Most of them enroll in school but by class VIII about half of them dropout, and only
38 % make it to Class X. among Tribal Children almost 80% dropout by Class X. India also has the
highest population of illiterate adults in the world- about 257 million people above 15 years,
who are beyond school going age, cannot read or write. (TOI-26-march page1).

These are dismal statistics and cast a long shadow across the country which is focusing on high
GDP growth, burgeoning billionaire and multimillionaire population, rising foreign investments
and our status as an emerging global superpower. It is clearly reflected by above data that
vulnerability of child/children are as high as Mount Everest and is the resultant of weak social
fabric of society coupled with a feeble state machinery. Needless to say, the Government, of
course is committed to do its best and some successes and transformation have occurred in
recent years, but all these indicators showed that there are children who suffered from hunger,
no education and face various kind of discriminations and exploitation.

The primary purpose of this section is to provide a broad and better understanding about child
rights at national and international dimension, their legal rights are enshrined in Indian
constitution and protection through judicial pronouncements.

International Dimension –

The first United Nations Declaration on the Rights of the Child, adopted in 1959 stated that
every child, by reason of his physical and mental immaturity, needs special safeguards and care,
including appropriate legal protection, before as well as after birth means that every child has
its human rights and they should be not denied to it by any body. This was a moral rather than
a legally binding document. Consequent to it, in 1989 the legally binding Convention on the
Rights of the Child was adopted by the United Nations. In 54 articles the Convention
incorporates the whole spectrum of human rights - civil, political, economic, social and cultural -
and sets out the specific ways these should be ensured for children and young people. In May
2000, two Optional Protocols, one on the involvement of children in armed conflict and a

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second on the sale of children, child prostitution and child pornography, were adopted to
strengthen the provisions of the Convention in those areas.
A ‘child’ is defined in the UN Convention on the Rights of the Child (CRC) 7 as a person under
the age of 18. This includes infancy, early childhood, middle childhood and adolescents.

The UN Convention on Rights of the Child,8 1989 draws attention to four sets of civil, political,
social, economic and cultural rights of every child. These are:

Right to survival: Which includes the right to life, the highest attainable standard of health,
nutrition, and adequate standards of living. It also includes the right to a name and a
nationality.

Right to protection: Which includes freedom from all forms of exploitation, abuse, inhuman
or degrading treatment, and neglect including the right to special protection in
situations of emergency and armed conflicts.

Right to development: Which includes the right to education, support for early childhood
development and care, social security, and the right to leisure, recreation and
cultural activities.

Right to participation: Which includes respect for the views of the child, freedom of
expression, access to appropriate information, and freedom of thought, conscience
and religion.

The Convention provides the legal basis for initiating action to ensure the rights of children in
society.

Relevant articles from the UN Convention on the Rights of the Child

Article 2 –
1. States Parties shall respect and ensure the rights set forth in the present Convention to each
child within their jurisdiction without discrimination of any kind, irrespective of the child's
or his or her parent's or legal guardian's race, color, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected
against all forms of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3

1. In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration.

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2. States Parties undertake to ensure the child such protection and care as is necessary for his
or her well-being, taking into account the rights and duties of his or her parents, legal
guardians, or other individuals legally responsible for him or her, and, to this end, shall take
all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for the
care or protection of children shall conform with the standards established by competent
authorities, particularly in the areas of safety, health, in the number and suitability of their
staff, as well as competent supervision.

Article 6

1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of
the child.

Article 12
1. States Parties shall assure to the child who is capable of forming his or her own views the
right to express those views freely in all matters affecting the child, the views of the child
being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any
judicial and administrative proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with the procedural rules of
national law.

Article 32
1. States Parties recognize the right of the child to be protected from economic exploitation
and from performing any work that is likely to be hazardous or to interfere with the child's
education, or to be harmful to the child's health or physical, mental, spiritual, moral or
social development.

2. States Parties shall take legislative, administrative, social and educational measures to
ensure the implementation of the present article. To this end, and having regard to the
relevant provisions of other international instruments, States Parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement
of the present article.

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Article 34: States Parties undertake to protect the child from all forms of sexual exploitation
and sexual abuse. For these purposes States Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent:

The inducement or coercion of a child to engage in any unlawful sexual activity;
The exploitative use of children in prostitution or other unlawful sexual practices;
The exploitative use of children in pornographic performances and materials.

Article 35:

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent
the abduction of, the sale or traffic in children for any purpose or in any form.

Article 36: States Parties shall protect the child against all other forms of exploitation prejudicial to
any aspects of the child’s welfare.

Any child primarily on account of his dependence and vulnerability deserves to be completely
looked after by others. As a child, he needs support and care to survive since the nature does
not provide to the human infant any protection at all. The need to survival and protection
continues till the child attains maturity and adulthood. The child being the nursery of all
civilization and all human potential has to be provided with various institutional and non-
institutional system of development which consists of programs pertaining to education, life
skills, nutrition, health, shelter and most important, the right to childhood.

National efforts –

In India, which has a long history of Child Rights legislation, most statutory provisions have
followed, more or less, the colonial pattern. The English idea of providing separate treatment
for juvenile offenders was passed on to India in the last quarter of the nineteenth century. The
Apprentices Act, 1850 is chronologically the first law meant to deal with the children in
distresses who are to be trained for trade and industry. Even the penal laws such as the Indian
Penal Code, 1860 exempts children under the age of seven years from criminal responsibility
(Section 82). It also exempts children between the age of seven to twelve years, who have not
attained sufficient maturity of understanding to judge the nature and consequences of their
conduct, from criminal responsibility (Section 83). The Act also provides some protection to the
children from the evil designs of the adults (Section 363-A).

The Reformatory School Act enacted in 1876 and later modified in 1897, was the next landmark
legislation in the treatment of juvenile delinquents. It empowered local government to
establish reformatory schools. Under the Act, the sentencing court could detain boys in such
institutions for a period of two to seven years but they would not be kept in the reformatory
schools after they had attained the age of eighteen years. There was also a provision to license
out boys over fourteen years of age if suitable employment could be found. In Bombay

23

Presidency, the Act was applicable to boys under sixteen years of age, while elsewhere it
applied to boys under fifteen years of age.

The Code of Criminal Procedure of 1898 provided specialized treatment for juvenile offenders.
The Code also envisaged the commitment of juvenile offenders up-to the age of fifteen years to
Reformatory Schools and provided probation for good conduct to offenders up-to the age of
twenty one. Subsequent Indian children Acts passed by the Presidencies and provinces
maintained this thinking. These laws contained provisions for the establishment of a specialized
mechanism for the identification of handling and treatment of children and juveniles. In this
regard, recommendations of the Indian jails committee, 1919-20, gave an added impetus to
legislative action. In the post independence period; the Government of India was seized of the
problems among others, of juvenile justice particularly in the centrally administered union
territories. This is what led to the Children Act.1960. The law was in full force in all the UTs, but
the states, not having juvenile legislation, were free to adopt it. As would be expected, at this
stage, juvenile justice in the country was uneven and had varying standards, norms and
practices. These problems were sought to be removed through the Juvenile Justice Act 1986.
The law was in force throughout the country.

On the other hand, the concept, approach and methodology of juvenile justice were under
going some basic changes, as is indicated by the Beijing rules and the UN Convention on Rights
of the Child (UNCRC). The government of India endorsed the UNCRC in1992. This led to the
formulation of the Juvenile Justice (Care and Protection of Children) Act, 2000, which was
exhaustive amended in 2006 by Act No.33 of 2006.

Recently, the National Commission for Protection of Child Rights (NCPCR) was set up in March
2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament
(December 2005). The Commission's 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 also the UN Convention on the Rights of the Child.
The Child is defined as a person in the 0 to 18 years age group.

The Commission visualizes a rights-based perspective flowing into National Policies and
Programmes, along with nuanced responses at the State, District and Block levels, taking care of
specificities and strengths of each region. In order to touch every child, it seeks a deeper
penetration to communities and households and expects that the ground experiences inform
the support the field receives from all the authorities at the higher level. Thus the Commission
sees an indispensable role for the State, sound institution-building processes, respect for
decentralization at the level of the local bodies at the community level and larger societal
concern for children and their well-being.

24

Constitutional provisions -

After Independence, the Indian constitution made several provisions and steps taken for
protecting the interest o children. Part III and Part IV which deal with Fundamental Rights and
Directive Principles of state Policy respectively contain some special provisions with respect to
children.

Article 15 (3): Permits the State to make special provisions for children and women.
Article 21: protection of life and personal liberty.-No person shall be deprived of his personal
liberty except according to procedure established by law.
Subsumed under the right to life there are several unenumerated rights fall within
the ambit of Article 21. Since personal liberty is the widest amplitude, the Apex
Court itself provided the list of some of the rights covered under Article 21 on the
basis of earlier pronouncements and some of them are listed below:
The Right to health
The Right to livelihood and dignity
The right to education
Right against custodial death
The right to freedom from sexual harassment
The right of child offenders to speedy trial,
The right to doctors assistance
The right to legal aid,
The right to pollution-free water and many others

Article 23: Prohibits the traffic in human beings and forced labor

Article 24: Forbids the employment of children below the age of 14 years in factories, mines
and other hazardous occupations

Article 39 (e): Directs the State to safeguard the tender age of children from entering into jobs
unsuited to their age and strength forced be economic necessity

Article 39 (f): Directs the State to secure facilities for the healthy development of children and
to protect childhood and youth against exploitation and moral and material
abandonment.

Article 45: Requires the State to provide free and compulsory education to all children up to age
of 14 years.

Article 47: states it is the duty of the state to raise level of nutrition and standard of living.
Parliament has enacted the 86th Constitutional amendment in 2002 and made Right
to Education a fundamental right.

25

Judicial judgments
The judiciary in India plays very important role and has passed many significant judgments in
favor of child rights.

SHEELA BARSE VS UNION OF INDIA & OTHERS - 1986 AIR SCC 1773

Physically and mentally retarded children should not be kept in jails.
Juvenile Courts must be constituted in each district.

Cadre of Trained Judicial Magistrate is appointed to deal with children cases. Investigation
and trials against Juvenile. (Children) offences punishable with imprisonment of not more
than 7 years must be completed within a period of 3 months from the date of filing of the
complaint or F.I.R.; if the investigation is not completed within this time, the case against
the child must be treated as closed. And that case must be tried and disposed of within a
further period of 6 months otherwise it will be treated as quashed.

The trail of children cases must takes place in Juvenile courts and not in the regular Criminal
Courts.

The District judge or CJM (Chief Judicial Magistrate) or Judicial Magistrate should visit jail in
their districts for the purpose of ascertaining how many children in jail,
Children should not be kept in jail.

SHEELA BARSE V. SECRETARY, CHILDREN AID SOCIETY, - AIR1987 SC656

The Supreme Court commented upon setting up dedicated juvenile courts and special
juvenile court officials and the proper provision of care and protection of children in
observation Homes.

SANAT KUMAR SINHA VS STATE OF BIHAR & OTHERS,CRWJC-182/88PLJR 89- 1024

State Government must provide adequate fund/finance for construction and renovation of
buildings i.e. Remand home etc. Provide necessary facilities required for inmates. (Both
Girls & Boys).

Unnecessary staff in Homes should be removed and class, III, IV, employees be posted in
these institution properly.

Employees appointed in these institutions for education and vocational training of the
inmates.

Civil Surgeons are responsible for complete health care of inmates.

26

Civil Surgeons/Asst. Civil Surgeon must visit Remand Homes once in a week for health care
of inmates.

Social Welfare Department should release adequate funds for food and clothing.
Women lodged in After Care homes to be given all similar facilities of an “A class” prisoner.
Employment for such women may also be arranged.

The authorities before the CJM or any other courts himself or herself should produce cases,
in which the inmates are witness/victim, regularly.

JANARDAN PANDEY VS STATE OF U.P. 1997 (1) East CC 800 (ALL)

Session trial-Separate trial for juvenile-one accused found to be juvenile on the date of
crime as per the high school certificate-medical evidence found him not as juvenile-held &
high school certificate he is authentic proof of age, accused held to be juvenile and he
cannot be trail by a regular court along with adult accused even If he is not a juvenile at the
time of the trial.

SANAT KUMAR SINHA VS STATE OF BIHAR- CRWJC1989/89

Speedy trial must be taken in all juvenile cases.

All criminal trail against Juveniles in Custody for pending more than three years is treated as
QUASHED.

The Direction given by Supreme Court in Sheela Barse case should be followed by lower
court for speedy disposal of the juvenile cases in future.

GURMUKH SINGH VS STATE OF UP. - 1990 UP Cr. R. 264ALL

For determining the age of a Juvenile full inquiry should be made and mere appearance is
not a safe guard.

After the full dress inquiry of his age under Sec. 32 of JJA, any appropriate order may be
passed under Sec 18 of Act.

KESHWAR SAO VS STATE OF BIHAR.- 1997 (2) East. Cr. Case 319

If a ball of a person rejected by High Court and subsequently in inquiry it is found that the
person is a juvenile in such position bail may be granted subsequently under Sec 18 of JJA.

RAJESH KR. VS STATE OF RAJASTHAN.- 1989 1 Cr. L. R. (RAJ) 560

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When a Juvenile is denied bail it must be clearly stated in the order that his release would
bring him into the association of any known criminal or that his release would expose him
to moral danger .It also is stated that some of the witnesses wh have been examined so far
by the Juvenile Magistrate have not deposed against the Juvenile .If these are not there
juvenile can be released on bail.

In the event of refusal of his bail on sufficient ground he can be send to an observation
home or place of safety.

KAMLESH KUMAR VS STATE OF U.P.- 1994 UP Cr. 595

When a juvenile girl produced before court is not claimed by any person and she is not a
delinquent Juvenile. Court must ensure that she is kept in place of safety until she at last
majority.

At that place of safety she must be provided with education, maintenance, vocational
training in such trade that may in future help her for being rehabilitated.

If the place of safety is not run by the state government, any organization where the girl
would be ordered to kept always claim such expense, that incur during the stay of the girl,
from the state Government.

PURSHUTAM SULTANIYA VS STATE OF BIHAR,- 1998 (2) PLJR 563

Where the case is pending in any criminal court (punishable up to 3 years ) and pending for
more than Two years then the case must be stopped and the accused discharged.
Above directions given by high court shall be enforceable in Juvenile cases.

COMMON CAUSE REGD SOCIETY VS UNION OF INDIA, - 1996 AIR 1619

Where the accused charged before any criminal court and punishable with imprisonment
not exceeding three years and trials pending for one year or more and the concerned
accused have not been released on bail but are in jail for a period of six months or more,
the concerned court shall release the accused on bail.

When the accused charged with any criminal court are punishable with imprisonment not
exceeding five years are if trials are pending for two years or more and accused not have
been released on bail, but are in jail for a period of six months or more , the accused should
be released on bail.

When the case pending in Criminal courts for more than two years where case is
computable with permission of court the court shall discharge or acquite such case may be
treated as closed.

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Where the case is pending in the any criminal court (Punishable with three years) for two
years, the court shall discharge the accused the case may be closed.
The above Directions given by the Supreme Court Shall also be enforcement in Juvenile
Cases.
For the purpose of direction contained in above clause, the period of pendecy of criminal
cases shall be calculated from the date of the accused are summoned to appear in the
court.

HUSSAINARA KHATOON VS STATE OF BIHAR,-1980 SCC 81

Right to speedy trial is a fundamental Right implicate in Article 21 of the constitution. If an
accused is not tried speedily and his case remains pending before the magistrate o the
session court for an unreasonable length of time, it is clear cut that his Fundamental Right
to speedy trial would be violated unless, or course, the trial is held of an account of some
interim order passed by a superior court. The consequences of violence of fundamental
right to speedy trial would be that the prosecution itself would be liable to be quashed on
the ground, that it is a breach of the Fundamental Right.

BAL SAKHA VS.STATE OF BIHAR AND OTHERS-NO.VWJC NO. 9627 OF 2008

The High Court directed that the new Bihar JJA Rule, inculcation the Amendments of 2006
must be published within two months from today.

The High Court decried that within 3 months from today, Inspection Team shall be
constituted and notified in all the concerned districts.

The Patna high Court also said that the state Govt. must ensure that the rights of the
children do not get violated. If any initiatives are required to be taken by the state
Government in this regard, they need to be taken and it be ensured that JJA ,2000 as
amended up-to-date is implemented in its letter and spirit.

SAKSHI V UNION OF INDIA, AIR 199 SC 1412

Supreme Court directed the government/ Law commission to conduct a study and submit a
report on the means of curbing child abuse.

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JUVENILE JUSTICE (CARE AND PROTECTON OF CHILDREN) ACT, 2000

The Act is a central Act, which came into force on April 1, 2001, throughout the country. It is
based on (i) provisions of the Indian Constitution; (ii) United Nations Convention on Rights of
the Child, 1989; (iii) United Nations Standard Minimum Rules for the Administration of Juvenile
Justice, 1985 (the Beijing Rules); (iv) United Nations Rules for the Protection of Juveniles
deprived of their Liberty, 1990.

The Juvenile Justice Act, in its preamble itself signifies the need of the child care by providing
that it is an Act to consolidate and amend the law relating to juveniles in conflict with law and
children in need of care and protection, by providing for proper care, protection and treatment
by catering to their development needs, and by adopting a child-friendly approach in the
adjudication and disposition of matters in the best interest of children and for their ultimate
rehabilitation through various institutions established under this enactment. Recently the
exhaustive amendments of 2006, and rules framed in the year 2007 is credit worthy as it
incorporates many aspects regarding juveniles.

Salient features of Juvenile Justice (Care and Protection of Children) Act, 2000

 The age for boys and girls has been uniformly raised to 18 years in accordance with
the UN CRC.

 It deals separately, two categories of children i.e. ‘child in need of care and
protection’ and ‘juvenile in conflict with law’. A ‘child in need of care and
protection’ is children who due to various reasons are found in difficult
circumstances and are in danger of survival and growth. The ‘juvenile in conflict with
law’ are those juveniles who are alleged to have committed an offence. The Act
provides separate treatment in the matter of institutional care, legal adjudication
and disposition of cases.

 The Competent Authority in relation to ‘child in need of care and protection’ is Child
Welfare Committee and in relation to ‘juvenile in conflict with law’ is Juvenile Justice
Board.

 The members of the Committee in the Board have been given magisterial power.

 The social workers and the representative of the NGOs having prescribed
qualifications under the Act can now become member of the Competent Authority.

 For the ‘juvenile is conflict with law’, the Act envisages to establish Observation
Homes and Special Homes. For the ‘child in need of care and protection’, provision
has been made to establish Comprehensive Children’s Homes. While the Shelter

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Home and the After-Care Organizations may be established for juveniles or children.
The Shelter Home shall be exclusively established and run by the voluntary sector
with the assistance from the government. All others Homes can either be
established or run by the government in association with the voluntary
organizations.

 The representatives of voluntary organizations and social workers can become
members of Advisory Committee.

 New mode of dispositional alternatives like counseling and community services have
been incorporated for the juveniles in accordance with Beijing Rule.

 A new chapter on rehabilitation and social re-integration comprising of adoption,
foster care and sponsorship has been added.

 The police has been assigned specialized role in accordance with Beijing Rules. A
Special Juvenile Police Unit (SJPU) shall be set-up in every police station. A police
officer of the rank not below an Assistant Sub- Inspector (ASI) shall be designated
as Child Welfare Officer. He shall be assisted by two local voluntary social workers.

 A new concept of Social Audit has been introduced in accordance with Beijing Rules.

 Besides police, the social worker and the voluntary organization have role in
production of children before the Child Welfare Committee.

 A child himself/herself can appear before the Competent Authority and demand
his/her rights.

 The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the
pendency of cases of the Board at every six months, and shall direct the Board to
increase the frequency of its sittings or may cause the constitution of additional
Boards.

 Juvenile/child cannot be kept in police lock-up or jail.

 Effort shall be made to release the juvenile on bail or probation.

 Enquiry to be completed within a period of four months from the date of its
commencement unless the period is extended by the JJB/CWC, else for reason to be
recorded

 The state governments (under section 68 of the Act) are directly responsible for the
implementation of the Act.

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Results and findings. Section -B
Profile of the respondent children

The situational analysis of street children at Patna was conducted between Jan – May 2011 .The
sample size was 555 which covered 20 PS in Patna district. Interviews were conducted with
respondent children by means of structured questionnaire with closed & open ended
questions. A copy of questionnaire is attached as appendix 2.The questionnaire was developed
by research team & then tested through pilot study. Following the testing, minor adjustment
were made in the questionnaire for study.

Demographic characteristics of street children

1. Location of street children:

Table 1 gives the distribution of street children by the location where they were living at
that time of the survey. The survey reveals that the majority of the street children living on
the street (45.41%) & were migrated from the other cities to Patna.

2 Gender, age & religious profile: The survey interviewed only those street children who
reported their age between 5-18 years. The age distribution of street children is given in
table 2. It can be seen that (39.82%) were of age 11 -14 years which is not surprising
concentration in this category. More than (33%) had age 8-10 years. Cumulatively more
than 73% were in the age group of 8-14 years; these figures assist the policy makers to form
such guidelines and course of action for this age group. Among 555 respondent street
children 74.59% were male & 25.41% were female table 2a. A religious profile is also drawn
up of the children.90.60% were reported Hindu and 9.37 % were Muslim. Though overall
data represent low percentage of Muslim children in the city but their concentration is in
the railway station and its adjacent areas.

3. Orphan children:

Table 3 provides the information against the status of orphan children (both parents
deceased) which are count the (10.63%) of the total respondent children.

4. Location of Parents, knowledge of parents about location of children.

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Respondents were asked to describe the location of their parents if this was known. Out of
total 555 respondents, 496 respondents knew the location of their parents. 59 respondents
were orphan so that they were excluded from the analysis. About 67.54 percent indicated
that they live with their parents on the street. Respondents live with their mother only
(9.07%) with father only (5.44%). Followed by 15.52% indicated that their parents live in
home town/village.

Overall appears the proportionally more street children live with their parents on the
street shows correlation with the factors of poverty, hunger co-exist with search of more
opportunities of income in large cities like Patna, Delhi, Ahmadabad and Mumbai etc.

Further, 89.71% respondent street children response reflects that parents knew their
location and 10.29% replied in negative.

5. Last visit to parents and reasons for not visiting.

The survey found that 6.05% of street children did not visit to their parents; however 93%
responses indicated children visited to their parents. The survey explored the reasons for
not visiting the parents. Two main reasons were mentioned in table 5. The observation
shows that out of 30 respondents in the don’t visit category, “no desire and affection”
counts for 26.67%, “they don’t like me or they detached themselves from their children or
other financial issues include rest of the data. (Table-12 & 13)

6. Reasons for leaving home and information to parents:

The respondent children were asked “why did you leave your town/village home?” and
number of options were presented in the questionnaire with a possibilities of expending
on these the six most important reasons mentioned were;-

 Come to earn money- (Income) -----(52.25%) Left home on account of this.
 Poverty and Hunger--------------------(36.22%) Reported this.
 Run away from home………………… (5.05%) Reported this.
 Parents send me for work……………. (2.52%) Reported this.
 No one looks after me……… (1.08%).
 Domestic abuse of step mother/Father…………. (0.9%)

The statistics reveals the gloomy picture, the first two indicators are co related to each-
other, because it shows poverty and misery resulted in creation of forced, pushed and
pulled factors of earning or migration of children .A small number reported were ran away
(5.05%) the survey reveals that 11% children did not inform parents while 89% informed

33

the parents (table-9). Additional information generated through FGDs (focus Group
Discussions) also showed that children were quite unhappy due to the poverty surrounding
them. It was also clear that scarcity of luxuries in life and weak financial conditions of home
compel them to leave the home. A research in this relevance supported the above findings
as "numbers of children are not receiving the economic support they need for their holistic
development"

7. Duration of stay in the Town:

In terms of duration of stay in Patna city where they were being sampled (table 11) shows
that nearly (94%) were staying in the town for more than a year. Further, the survey found
that (5%) were staying less than a year. A little less than (1 %) were staying in the town for
less than 1 month

8. Sleeping Arrangements (current location):

About (38.2%) said that they were sleep on the street.(29.55%) children interview hat they
sleep in the bus shelter, shop shelter or shelter provided by Ngo’s. whether further 9.55%
sleeping at Railway station. (table 6).Nearly small percentage (2%) of the children reported
that they sleep at mosque or temple. The data also indicated that (91.53%) children sleep
at same sight every night and thus considers it as their permanent place of sleeping. Those
who consider their sleeping place temporary were (10.99%).

9. Age of the children when first started work:

Nearly (23.06%) of the street children started working when they have not completed 5
years of their age. However, This information was not correlated with the researchers own
assessment cause it seems their responses were based on their own calculations which
were not very much correct about their working age under 5 years. About (54.59%) started
working when they are in age of trouble 5-8 years. About (16.4%) stated when they were
of age between 8-12 years .12-15 years (3.42%). Don’t remember (2.52%). (table-18)

10. How did you find the work:

Table 15 reflects that how street children find the work. Nearly(37%) of the children
reported that they get the job through friends, in case of (27%) of the children reported
the get the job through relatives, about (15%) of the children reported that they
themselves started the job. (6%) from other people who are not known to them. Most of
the children living near slum areas get the job through friends.

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11. Current Work

The respondent street children in study areas are engaged in verity of activities. The
responses are to some extent concentrated in three categories:

Rag picking 31.99%
Begging 13.33%
Work in small Shop 16.76%
Others 24.32%
The aforementioned activity well reported by the street children at the time of interview.
The street children suppressed the nature of their works they didn’t report correctly if the
nature of work is illegal and not approved by the society. However 0.36% children are
reported in sex work. Other activities in which children were involved were selling water
bottles 2.16%, boot polishing 1.98%, brooming in train 1.98%.”Others” include brooming in
hospital, carry death body, collect garbage, selling flower, rickshaw pulling, selling goods of
bamboos, car cleaning and working in brick klin etc. Illegal activities like pick pocketing,
theft, snatching, drug peddling were not replied by street children but some NGOs workers
informed us about illegal activities then by the street children.(table-14)

12. Work hours and weekly working days:

Based on the reported data in appears that average street children works 5.23 days in a
week and work between 5 to 7 hours per day. However, the children working in the station
area spend 12 hours including waiting of trains, hanging around platforms and wandering
in shed areas of station.

13. Earning, expenditure and saving:

Questions were asked about the earning last 15 days and expenditure. About majority of
the respondent children had earn between Rs. 700 to Rs. 750. However few earn as high as
more than Rs. 2000 to Rs.2500 – the average for lightly income was estimated to Rs. 750.
The children were asked how much of their earnings they keep. 34.95% of the children
reported that they keep all of it, while the 60.9% said that they keep some of it and give
their earning to parents for saving purpose. 2.52% remaining children gave the money to
other people known to them like so called mummy, chai wala, stall wala etc. Regarding
expenditure of the earnings the respondent children majority money goes on food
expenditure (51%) on clothing (20%) , on saving 10 percentage, on movie 15 percentage
and others 4 percentage.(table-16 to17)

14. Liking or disliking the work

The survey reveals that 51.53% like or enjoy their current work. The rest 48.47% did not
like or enjoy their present work. (Table-19, 20, 21) Those who enjoyed their work were

35

asked to state reasons for liking the work most of them gave the reason that they are able
to earn money for himself followed by the reasons that they can help their family 44.06%
and 1.05% said they enjoyed liberty and freedom. Similarly amongst those who didn’t like
their work the reasons cited were:
Don’t like work 57.99%
Face Abuse & mistreatment 23.42%
Police scold us 3.72%
Can’t go to school 10.04%
Others 4.83%

15. Treatment by employer

The respondents were asked how their employer treats them for this question the
responses were available only from children working as an employee they were 173
children. 28.91 Percentage of them reported to treat well and 51.44 % said they were
treated fairly and 19.65 percentage children were treated poorly by their employers.
(table-22).There is a very thin line between fair and poor, sometimes it mixes and child was
unable to understand the right situation.

16. Sickness during work, Medical care and expenses:

In the context of street children health more than half 76.4% of the respondent children
reported that they felt sick during their work. The most common type of sickness was
fever, headache and water borne disease those who were sick were asked whether they
took medical care or no for their illness. About 53.54 percentages of them went to the
government hospital services followed by 22.41% to private doctors, 12.03% does not
receive care. The sick children were asked whether they could afford the cost of treatment
easily or not. 75.94% of them said they could afford the coast (table-23, 24, 25) where
24.06% of the children mentioned said they could not afford the cost.

17. Education:

Respondent were asked the number of questions with regards to their education, reasons
for not going to school and reading and writing abilities. It was found that (90.63%)
children never attended any formal school. Among all street children (9.37%) were
attending school at the time of interview. The respondent who indicated that they were
not attending school were asked to give the reasons for this and the profile of the
responses are present in (table29-32).It was seen that more than (34.59%) were not
attending their school due to poverty or lack of educational support. Thus presumably
means their parents/guardians were unable to support their continued schooling or that
the home financial situation was of such a nature that there was no income and this
forcing the child to meet his/her basic requirements outside of the home. The respondent
were asked as to their reading and writing skills, if the answer was yes for reading then the
child was asked to read up the part of questionnaire or sample provided to interviewer as a

36

means of verification that child can actually read. Thus, if the child could show its ability to
read, then the child was determined as able to read, otherwise categorized unable to read.
Like wise the ability to writ was determined through the same process of verification. The
outcomes of the two tests are collated in table --.

The survey indicated that (83.9%) cannot read against (16.04%) can read. Likewise in
writing ability section (84.32%) was unable to write against (15.68%) were able to write
shows high correlation understandably exist reading and writing skills. This implies that the
overwhelming majority street children had virtually no education.

18. Importance of school education & training

The respondents were very much willing to go school and acquire training if such
opportunity shall provide to them. Among all respondent (85.59%) reported that they give
importance to school educations but on asking of question “would they like to go school if
you are given an opportunity” then (52.79%) respondents readily agreed that they would
definitely go to school. (47.21%) is reported negatively. Regarding training opportunity
(45.95%) children replied in affirmative against (54.05%) replied in not so important
category.(table-34-36),how ever in focus group discussions, it was deduced that children
near railway station areas were not very much interested in formal school education rather
they believe in non-formal education system.

19. Free Time

Based on reported data, most of the children entertain themselves by playing different
outdoor and indoor games (65.23%), others entertain by watching TV at railway station
(6.38%). Helping parents for domestic works (11.89%), Cinema (9.19%) or Others (6.49%)
which include hanging outside, playing cards, sleeping, study etc . Further, (1.08%) were
involved in Drugs using like sulation (Whitener). As the children have to work for a long
time they can enjoy limited modes of entertainments.(table-37)

20. Drugs Use

In context of using drugs or similar types of substances (40%) of the street children said
that they use drugs or similar type of substances. Pursuing this further, the respondent said
that they smoke cigarettes, use sulation (Whitener) as inhaler sometimes wine (Pouch).
(60%) replied negatively. The above statistics show the substantial chunk of the street
children are using drugs or dependency of drugs which is resulting in an increase of petty
theft among them and lead to more criminal and violent activities.(table-38)

37

21. Ever arrested by police

The respondent was asked whether they were ever arrested by the police. Almost (96.94%)
of the street children replied in negative but confirm physical and verbal abuse by them.
(3.06%) answered in affirmative. The following question to these arrested children was the
reason of police arrest. The reason mentioned are :

No reason, just harassing (47.6%)
For pick pocketing (41.18%)
Stealing (5.88%)
Other reasons (5.8%) include theft and petty offences.
On the other hand it was revealed in focus group discussions that railway police officials
were very strict and send the boys to observation home after their apprehension to police
with or without reason.

22. Awareness of NGOs/Institutions

Table 42-43 Shows the data about awareness of street children about organization
providing assistance to street children. Only (3%) of children (who are working in and
around station areas like Antaghat, kamla Nehru, R-block, yarpur etc) were aware of such
organizations among those who know about such organization nearly 2% visited the
organization (Bal Sakha- Din centre & Raat centre) in terms of reason of visiting that were
asked, all of them said they went for food, bathing, clothing, playing indoor games and
education. (97.48%) children replied that they do not know any such organizations
assisting the children.

23. Mobility around the city

The street children who changed the locality at least once reported various reasons for
moving out from the locality they live and work. About (15.68%) reported moving to a new
locality of the search of better work opportunities and conducive environment like avoid
police harassment and to live with friends.(table-44)

24. Assistance needed from Society/Govt./NGO’s

The respondents were asked about the assistance they needed from the
society/Govt./NGO’s. The most important assistance they needed are
 Food and clothing for self (55.5 %).
 Night lodging/ Shelter (36.94 %).
 Others. (7.56%). (include security from police
officials and medical facility)

38

It can be inferred from the above responses that majority of the street children in both
gender emphasize on food and clothing. This is the area of the basic needs often
individuals and also guaranteed under the Article 21 in the Indian Constitution and also the
responsibility of state Govt. under the directive principles of Constitution. (Table-49)

25. Facing problems while on the Street

The respondents were asked “What kind of problems/risks have you faced while
working/Living on the street?” Unfortunately “No response / can’t say” were Recorded in
(1.08%) questionnaires on this question. About (40.18%) faced Physical assault (with or
without weapon), Verbal abuse, Non-payment and mistreatment on the street by local
people. (17.85%) respondent faced the police ire like scolding and beating etc. It is seen
from the data profile that it is the society, its people, their mindsets, their attitude are the
major factors responsible for the torture and cruelty towards street children . Whether it is
a lice or a common man all use them for their own wasted purposes. It is a very sorry state
of street children in Patna. (Table-48)

26. Marital status and sexual practices

About (96.58%) respondents were unmarried, (3.06%) were married, (0.36%) were
widowed. When respondent children in the age category of +14 asked about the sexual
relationship with other persons, (3.6%) replied in affirmative against (40.36%) answered
negatively followed by no response (56.04%).(table-45-46)

27. Future Inclination

“No responses” were recorded in 338 cases (60.9%) of the sample and these were
excluded. Of the total group (10.45%) showed up preference for being a business man.
(6.31%) doctors, Teacher (5.59%), others (16.58%) which includes government service,
politician, police official, cycle mechanic, actor, driver etc. (table- 50)

Comparing different indicators with each other

1. Educational level and income of children:
Does education impact the earning capacity in street children? The relationship between
educational level and income of street children statistically studied and come to the
conclusion that the incomes earned by the children had no relationship with their
educational status. Since majority (90.63%) children never attended any formal school; the
level of education did not influence the earning capacity of children. Almost all the children
learn the practical ways of earning money on the streets along with other street groups and
become “smarty” in earning incomes to meet their needs and fulfill the own demands by
developing their own strategies of survival.

39

2. Age and income of children:

Age was found to be an important factor, influencing earning levels of street children. Older
/ senior children (+14), by and large, showed higher capacity to earn money as compared to
younger in age. Older boys become more a part of street life as they advance in age.

3. Earning and nutrition:

The earning and expenditure statistics revealed that there is a positive correlation
between children earning and nutrition; as the majority of the children spend the major
portion of their money, more than 50% on their fooding preferably.

4. Assistance needed and facing problems on the street:

The correlation between the assistance needed and problems facing on the street are
completely negative; as the children needed assistance from the society were fooding
and clothing first, secondly they prefer night shelter (safe place for night sleeping). The
statistics shows that that the problem most faced by the children on the street was
physical assault (with or without weapon), verbal abuse, police scolding etc. Here we
can say that the basic need requirements were completely different and prioritized with
the problems they faced on the street.

40

Chapter-3

Recommendations and suggestions:

This research study on situational analysis of street children at Patna targeted a specific sample
size over a limited time period to identify the important issues, problems and challenges of
street children, and list out some recommendations and suggestions in holistic manner to
address their different issues. During this study it was observed that there is indeed great
variety in what children doing on the street, how often they are there, the reason for their
presence, and so forth. Based on this, it is possible to make some conclusions with regard to
sample size estimates.

We conclude from the present study that more than 50% of the street children left their town /
village home on account of to earn more money to supplement the household income which is
also correlated with poverty and hunger in one and another way. They were addicted to drugs
or similar type of substance use (40%), and harassed by the police (18%) and face verbal abuse,
physical assault on different accounts (40%). The data also shows that majority of the street
children belong to that group where household income is low, continued primary education is
uncertain, no support from the extended family and become extremely vulnerable. Based on
these observations we recommend some suggestions under different approaches and also
advise general recommendations as below:

1. Mainstreaming child protection issues into government departments.

The main objective of this approach is to facilitate, coordinate and monitor collaboration
within government and civil society at all levels in initiatives aimed at promoting and
protecting the rights of the child. Following activities will be suggested to include in this
method.

 To promote the CRC within the broader framework of a human rights culture in
government departments including Panchayati Raj Institutions.
 To raise awareness on, and sensitize the government officials about child rights
 To create space for, and stimulate, public debate around children’s issues and child
rights
 To inform socio-economic/development policy with a child protection perspective
 To identify and mobilizes resources for the implementation of initiatives aimed at
promoting and protecting the rights of the child through government departments
 To develop, promote and communicate widespread understanding of the situation of
children, in particular, the causes undermining their well being as well as actions
required in addressing these causes through different government channels.

41

 To co-ordinate, monitor, evaluate and report on the implementation of programmes
and strategies aimed at achieving goals for children
 To provide the necessary framework and guidance for all sectors of the economy to
achieve these objectives

2. Advocacy, participation and mobilization.

To advocate for children means to plead in their best interests and well-being. The
betterment of children should be seen as an investment for the future of the country.
Political institutions, NGOs and civil society need to mobilize the public at large under the
common objective of improving the lives of children. It is an objective that is ethically
based. It is therefore imperative for government and NGOs dealing with children’s rights to
embark on educational and awareness campaigns in order to facilitate the understanding
of the phrase, the implementation thereof, and ignite public participation through which
the perceptions that exist can either be rectified or intensified. To meet this goal, we must
mobilize the public and advocate for the rights of children.

Advocacy, participation and mobilization is closely related to communication and
information. This means, firstly, that print, radio and television must be utilized to increase
public awareness. Workshops and seminars must be set up to educate all sectors and
professions. Secondly, policy makers must be lobbied to take children’s issues into
consideration when drawing up policies and drafting legislation. This will result in greater
societal consciousness of children’s rights. Thirdly, children themselves must be mobilized.
This means encouraging them to learn and know their rights, so that they can advocate for
the protection and promotion of their well-being.

3. Research, Policy Review, Reporting and Evaluation

In order to have a better understanding of children’s rights and the national status of
children, an evaluation of the rights of the child and an impact assessment of
interventions, easy access to child-related information, and informed policy-making for
children, a comprehensive strategy is required.

There is a need to assess and comment constructively on government policy initiatives that
seek to affect the betterment and development of children in all sectors. Furthermore, the
office on child rights will facilitate the undertaking of child-focused research. This will
provide various levels of scope on child rights. In order to respond to the cross-cutting

42

nature of children’s issues research strategies must be integrated. Children and their issues
must be thought of holistically, and within a developmental context.

General recommendations

1. Initially the focus should be given to initiate a social mobilization program in the place of
origin by the government level and various NGOs to stop this flow of migration [street
children].

2. Those children, who are already living in the urban areas as street children, should be
provided with rehabilitation assistance by government and NGOs. This could include
primarily need of basic existence by providing food, clothing, shelter, hygiene and medical
insurance services.

3. As this population is very vulnerable and mobile in nature counseling services provision for
their psychological well being need to be designed and provided.

4. Large number of children were involved with substance use and other illegal activities,
there is great possibility of harm they acquired by abovementioned actions. As such there is
an immediate need of such programs which encourage street children and adolescent
group to visit drop-in centers where they can receive social support, emotional support in
not only emergency or crisis situation but also a helping guide for accessing legal and
financial help from government and NGOs.

5. An assessment of the job - related Training needs should be conducted by the government
and NGOs on short and long term basis for this marginalized section to become good citizen
of our country.

6. Effective implementation of all legislations and UNCRC concerning with child rights and its
protection in letters and spirit.

7. Assessment studies should be done in regular intervals to ascertain the current situation
and trends of these vulnerable children in developing the holistic approach for protection
of street children.

43

Recommendations for NGOs

1) Reaching street/ working children where they are and do the work for their betterment
on their urgent need basis.

2) Set up schools in their areas with flexible hours with no costs.

3) Prepare curriculum which is child friendly and helps in teaching life skills to these
children.

4) Run awareness programs for them on Health care issues on regular interval.

5) Discuss with their parents / guardians and counsel them for their child development on
regular basis and assist them in crisis situation.

In addition to the above recommendations made on the basis of situation analysis, the other
issues need immediate attention which come out from the group discussions with street
children and that should also be taken care of are:

1. We need love, affection and respect from our family. (sonu)*
2. There should be no harassment from police officials at railway stations.(all the children)
3. We want to study in school where we should not face discrimination on the basis of
poor and rich also on class performance.(shivam)*
4. We should be helped by our family to fulfill our basic needs of education, fooding ,
clothing and our small wants like cycle, batball, carom board etc(sonu, shivam, amit,
arjun mishra, golu)*
5. We all want to go school (in peaceful place –far from railway station)where we can
study without facing any kind of untoward behavior and discrimination on the basis of
poor and rich (all the children)
6. There should be no violence in the home. (vijay)*
7. We also need to learn some skills like driving (kamal,golu)*
8. We also need some kind of discipline and freedom with restriction.
9. We need good and clean home for the street children.*

44

Doubtlessly, these issues are significant but the most important one is the love, affection and
respect, which the children required most from their parents/ guardians/state in their early
formative years accordingly. It is therefore necessary, that government and voluntary
organizations establish appropriate linkages among all welfare based programs for the
protection of children from all the atrocities of life, because they are the supreme assets of any
nation in making tomorrow.

*Note: all the above names mentioned are changed.

45

References:

1. Elena volpi – 2002, street children: Promising Practices and Approaches, The world
bank.

2. Consortium of street children.

3. United Nation Development Program, cited in human rights watch, “police abuse and
killings of street children in India”, 1996.

4. I. sure, “A research about street children and the possibilities for setting up children’s
union and defense their rights; 2000.

5. Asian Centre for Human rights, Report 2003.

6. www.bihar.nic.in

7. UNICEF, United Nation Convention on the rights of the child, (New Delhi, UNICEF 1989).

8. Juvenile Justice system & Rights of child 2003.

9. P.M Bakshi, constitution of India, Universal Law Publication Private Limited 2009.

10. http//www.ilo.org/public/English/standards/ipes/themes/domestic/index.htm

General Readings:-

1. Juvenile Justice Act with amendments (2006).
2. Times of India 26th March.
3. Rights of the child, International commission of justice, Geneva, 1993.
4. Juvenile Justice System, Legal assistance forum, UNICEF, Universal Law Publishing
Co., New Delhi 2010.
5. Adolescence an age of opportunity, the state of the world children report 2011,
UNICEF, 2011.
6. Census report, 2011.

46

Annexure-II

BAL SAKHA
Vicky Hotel, Jamal Road, Patna – 800001, Bihar
Ph No - 0612 – 2270043, 0612- 3293953
Email: balsakha@yahoo.com

Questionnaire for situational analysis of Children on street at Patna.
(To be asked to children (5-18 years of age).

Greetings! We are from BAL SAKHA, PATNA, BIHAR, and my name is ————————.
I am working as an interviewer for the study on street children. We have some question to ask, it will
take approximately 30 minutes. The information we gather will be treated as confidential and will be
used for research purposes. We thank you for all the help and cooperation in advance.
1) Location/Address where street child is identified---------------------------------

1. On the street
2. In a shelter
3. Under a bridge
4. At a temple/Mosque
5. Market
6. Parks
7. Railway station
8. Bus stands
9. Abandoned House
10. Others (specify)

1.1) Name of street child……………………………………………………..

1.2) Age…………………
1) 5-7
2) 8-10
3) 11-14
4) 15-18

1.3) Sex………………….1) Male 2) Female
1.4) Is the child orphan? If ans yes, move to Q 1.6
1)Yes 2) No
1.5) Where are your Parents?

1. Parents living in home town/Village.
2. Parents live with me on street.
3. living with my mother
4. living with my father
5. Others (Specify)
1.6) Where do you live and sleep these days?
1.On the street
2. In a shelter

47

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