Understanding child protection

1. UNDERSTANDING CHILD
PROTECTION

2. LEARNING OBJECTIVES
At the end of this course you will be able to:
• explain the meaning of Child protection
• know the challenges and of child protection
• understand mechanisms and approaches pertaining to child
protection
• comprehend child protection laws, services
• understand the stakeholders of child protection

3. WHAT IS CHILD PROTECTION?
DEFINITIONS:
 According to UNICEF, Child Protection refers to preventing and
responding to violence, exploitation and abuse against children. It
includes commercial sexual exploitation, trafficking, child labour and
harmful traditional practices such as child marriage etc. It aims to
protect children from all kinds of harm as all children have the right to
be protected from harm.
 States Parties shall take all appropriate legislative, administrative,
social and educational measures to protect the child from all forms of
physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while
in the care of parent(s), legal guardian(s) or any other person who has
the care of the child. (CRC, article 19.1)
 ‘Child Protection’ is about protecting children from or against any
perceived or real danger or risk to their life, their personhood and
childhood. It is about reducing their vulnerability to any kind of harm
and ensuring that no child fails out of the social safety net and that
those who do, received necessary care, protection and support so as

4. WHAT ARE WE PROTECTING CHILDREN FROM
• Neglect by caretakers
• Physical, emotional and
sexual violence and
abuse
• Bullying
• Sexual exploitation
• Female genital
mutilation/cutting
• Child marriage
• Child labour
• Trafficking
• Armed violence
• Recruitment of children
in armed forces of group

5. KEY BOTTLENECKS AND CHALLENGES RELATED TO
CHILD PROTECTION ISSUES
• Inadequate planning and coordination: Child Protection issues are dealt
by different Government Agencies with focus areas other than children also
e.g. child labour issues by Ministry of Labour & Employment, disabled
persons by Ministry of Social Justice & Empowerment
• Inadequate implementation of existing laws and legislations: e.g. –
Juvenile Justice (Care and Protection of Children) Act 2015
• Negligible services relative to the needs: Resources for child protection
are meagre and their utilisation is extremely uneven resulting to inadequate
outreach marginal coverage even of children in difficult circumstances
• Poor infrastructure: Structures mandated by legislations are inadequate or not
properly maintained by competent authority. There are also lack of institutional
infrastructure to deal with child protection – lack of standards of care.
• Inadequate Staff: Lack of capacities and less in number than required
• Inadequate data and documentation
• Lack of Preventive measures - results in more children falling into difficult
circumstances
• Planning Commission – to merge all small schemes into and umbrella scheme

6. THE FOUR STEPS OF THE CHILD PROTECTION:
SYSTEMATIC EVIDENCE BASED APPROACH
1. Define & describe
What is the Problem
2. Identify risk
What are the risk
factor and causes?
3. Develop and evaluate
interventions
What works and for whom?
4. Scaling up and cost-
effectiveness
Implement on large
scale & cost

7. CHILD RIGHTS INITIATIVES
The Wisdom Trickle
International Instrument
Programmes and ServicesNational Policies and Plans
Indian Constitution
Legislations
ParentsCommunity NGOs Care Givers Judiciary Stakeholders Citizens
Children

8. STRATEGIES OF CHILD PROTECTION
Prevention
Laws and Policies
Processes and
protocols
Mechanisms and
systems
Monitoring
Sensitization and
awareness building
Protection
Laws and Policies
Access to assistance
Immediate relief
(SOS attention)
Restoration of
rights/ statuesque
Punish violators
Rehabilitation
Laws and policies
Long term care and
support until age 18
Skills/ training
Monitoring and
Follow-up

9. INTERNATIONAL CONVENTIONS AND TREATIES
• Convention on the Rights of the Child (CRC), 1989
• Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), 1979- India signed the Convention on 30 July 1980
and ratified it on 9 July 1993 with a declaration! reservation.
• Convention on the Rights of Persons with Disabilities (CPRD), 2006-
India signed the Convention on 30 March 2007 and ratified it on 1
October 2007.
• Beijing Rules, 1985- Fair and humane treatment of juveniles in
conflict with the law, guided by the promotion of their well-being and
a proportionate reaction by the authorities to the nature of the
offender as well as to the offence
• The Riyadh Guidelines, 1990 (Guidelines for the Prevention of
Juvenile Delinquency)
• The Havana Rules, 1990 (Rules for the Protection of Juveniles
Deprived of their Liberty)

10. CONTD..
• Optional protocol to CRC on Sale of children, child prostitution and
child pornography -India signed the Protocol on 15 November 2004
and ratified it on 16 August 2005
• Optional protocol to CRC on involvement of children in Armed
Conflict -India signed the Protocol on 15 November 2004 and ratified
it on 30 November 2005
• Convention on Transnational Organized Crime and its Optional
Protocol to Prevent, Suppress and Punish Trafficking Persons,
Especially Women and Children - India ratified the convention on 5
May 2011.
• Optional protocol to CRC on Sale of children, child prostitution and
child pornography

11. CONSTITUTIONAL PROVISIONS FOR CHILDREN IN INDIA
The following are the provisions of the Indian Constitution relating to children:
Constitutional Guarantees that are meant specifically for children include:
• Article 21A provides that the State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may, by law,
determine.
• Article 24 provides that no child below the age of fourteen years shall be employed to
work in any factory or mine or engaged in any other hazardous employment.
• Article 39(e) provides that the shall, in particular, direct its policy towards securing 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
avocations unsuited to their age or strength.
• Article 39(f) provides that the shall, in particular, direct its policy towards securing 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 45 provides that the State shall endeavor to provide early childhood care and
education for all children until they complete the age of six years.

12. CONTD..
Besides, Children also have rights as equal citizens of India, just as any other adult male
or female:
• Article 14 provides that the State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India.
• Article 15 Right against discrimination
• Article 21 provides that no person shall be deprived of his life or personal liberty
except according to procedure established by law.
• Article 23 Right to being protected from being trafficked and forced into bonded
labour.
• Article 29 Right of minorities for protection of their interests.
• Article 46 Right of weaker sections of the people to be protected from social
injustice and all forms of exploitation.
• Article 47 Right to nutrition and standard of living and improved public health.

13. THE NATIONAL PLAN OF ACTION FOR CHILDREN, 2005
The National Plan of Action for Children, 2005 commits itself to ensure all rights to
all children up to the age of 18 years. The Government shall ensure all measures
and an enabling environment for survival, growth, development and protection of
all children, so that each child can realize his or her inherent potential and grow
up to be a healthy and productive citizen.
• The principle of universalism and emphasizes assuring all children their due
rights
• ‘All categories of rights apply to all age groups, including before birth…
• To regard the child as an asset and a person with human rights;
• To address issues of discrimination, emanating from biases of gender, class,
caste, race, religion and legal status, in order to ensure equality;
• To accord utmost priority to the most disadvantaged…
• To recognize the diverse stages and settings of childhood, and to address the
needs of each…’

14. NATIONAL POLICY FOR CHILDREN, 2013
• Key Priorities :
 Survival, Health and Nutrition
 Education & development
 Protection
 Participation
 Advocacy & partnership
 Coordination, action & monitoring
 Research, documentation & capacity building
 Five-yearly review of policy

15. CHILD PROTECTION LAWS IN INDIA
 1948: Factories Act (Amended in 1949, 1950 and 1954)
 1956: Hindu Adoption and Maintenance Act
 1956: Immoral Traffic (Prevention) Act (amended in 1986)
 1958: Probation of Offenders Act
 1960: Orphanages and Other Charitable Homes
(Supervision and Control) Act
 1961: Apprentices Act
 1976: Bonded Labour System (Abolition) Act
 1986: Child Labour (Prohibition and Regulation) Act (Amended in 2016)
 1988: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic
Substances Act
 1989: Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act
 1992/2003: Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and Distribution) Act
(Amendment in 2003)
 1994: Transplantation of Human Organ Act

16. CONTD..
 1995: Persons with Disabilities (Equal Protection of Rights and
Full Participation) Act
 2000: Information Technology Act
 2000/2015: Juvenile Justice (Care and Protection of Children) Act
(Amendment in 2015)
 2000: The Pre-Natal Diagnostic Techniques (Regulation and Prevention
of Misuse) Amendment Act
 2002: The Pre-Natal Diagnostic Techniques (Regulation and Prevention
of Misuse) Amendment Act
 2003: The Infant Milk Substitutes, Feeding Bottles and Infant Foods
Regulation of Production, Supply and Distribution Amnd.Act
 2005: The Commissions for Protection of Child Rights Act, 2005
 2006: Prohibition of Child Marriage Act
 2009: The Right of Children to Free and Compulsory Education Act
 2012/2019: Protection of Children from Sexual Offences Act
(Amendment in 2019)

17. MAJOR CHILD PROTECTION LEGISLATIONS
1. Juvenile Justice (Care and Protection of Children) Act 2015): The
Government has recently enacted the Juvenile Justice (Care and Protection of Children)
Act, 2015 (JJ Act, 2015) repealing the Juvenile Justice (Care and Protection of Children)
Act, 2000.
Key Highlights:
• Provisions of child protection bodies like JJB, CWC, SJPU, CARA,SCPC, DCPC etc.
• Power, functions and responsibilities of service providers
• Presumption and determination of age
• The act says about legal procedures to deal with the children in conflict with
law and Children in need of Care and Protection.
• Provisions of non-institutional and institutional services for children’s rescue,
rehabilitation and social re-integration.
• Describe about offences against children and penalty provisions
• Mandatory registration of child care institutions
• Procedure for adoption of children

18. 2. The Protection of Children from Sexual Offences Act (POCSO Act): 2012:
The POCSO Act 2012 was formed to protect children from offenses of sexual abuse,
sexual harassment and pornography and to provide a child-friendly system for the trial
of these offences.
Key Highlights:
• According to the act, "child" means any person below the age of eighteen years.
• The Act defines different forms of sexual abuse, including penetrative and non-
penetrative assault, aggravated as well as sexual harassment and pornography, etc.
• The act is gender-neutral for both children and for the accused
• The Act makes reporting of sexual offences mandatory.
• The acts has provisions for Special POCSO court for speedy trial of the Cases.
• The act also provides provisions for punishment for false complaint or false
information.
• The act emphasis on child friendly procedures to deal with POCSO victims.
• The act have penal provisions for discloser of identity of the victim.
CONT..

19. 3. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986:
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 was formed to
regulate the child labour practices in India. The central legislature has made substantial
changes in the provisions of the Act in the year 2016.
Key Highlights:
• A complete prohibition has been imposed on employment of child labour (i.e. a
person below the age of 14 years) in any establishment whether hazardous or not.
A child is permitted to work only to help family, in family enterprise or as child artist
after school hours or during vacations.
• The amendment has introduced the concept of adolescent labour for the first time.
An adolescent has been defined as a person between the ages of 14-18 years.
• The amendment permit employment of adolescent labour except in hazardous
processes or occupation.
• The Act provides for rehabilitation of children and adolescent who have been
victims under the provisions of the Act
• The Act provides for increased penalty and imprisonment which shall not be less
than 6 months and may extend up to 2 years and fine which may vary between
Rs.20, 000 to Rs. 50,000.
CONT..

20. 4. The Bonded Labor System (Abolition) Act, 1976: An Act to provide for
the abolition of bonded labour system with a view to preventing the economic and
physical exploitation of the weaker sections of the people including children and for
matters connected therewith or incidental thereto.
Key Highlights:
• Prohibits forcing a person into bonded labour for debt repayment. extinguishes all
debt agreements and obligations.
• It prohibits creation of any new bondage agreement and discharges bonded
laborers from all debts for which they were bonded.
• Compelling a person to render bonded labor punishable.
• Includes punishment for parents who pledge their child or other family members to
work as a bonded laborer.
• The act allows for the state to appoint a district magistrate and officers authorised
by him to over see the legal implementation of the act.
• Under this act all offences are to be tried by an executive magistrate that has the
powers of a second or first class judicial magistrate, appointed by the state
government.
CONT..

21. National Child Labour Project Scheme: Government of India had initiated the
National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in
12 child labour endemic districts of the country.
Key Highlights:
• Identified children to be withdrawn from Hazardous occupations & processes and
put into special schools to be mainstreamed into formal schooling system.
• Age group 5-8 mainstreamed directly to formal educational system through the SSA.
• Working children in the age group of 9- 14 years will have to be rehabilitated
through NCLP schools established by the Project Society.
• Project Societies at the district level are fully funded for opening up of special
schools/Rehabilitation Centres for the rehabilitation of child labour.
• The special schools/Rehabilitation Centres provide:
Non-formal/bridge education
Skilled/vocational training
Mid Day Meal
Stipend @ Rs.150/- per child per month.
Health care facilities through a doctor appointed for a group of 20 schools.
CONTD..

22. CONTD..
5. The Bonded Labor System (Abolition) Act, 1976: An Act to provide
the abolition of bonded labour system with a view to prevent the economic and
physical exploitation of the weaker sections of the people including children and for
matters connected therewith or incidental thereto.
Key Highlights:
• Prohibits forcing a person into bonded labour for debt repayment. extinguishes all
debt agreements and obligations.
• It prohibits creation of any new bondage agreement and discharges bonded
laborers from all debts for which they were bonded.
• Compelling a person to render bonded labor punishable.
• Includes punishment for parents who pledge their child or other family members to
work as a bonded laborer.
• The act allows for the state to appoint a district magistrate and officers authorised
by him to over see the legal implementation of the act.
• Under this act all offences are to be tried by an executive magistrate that has the
powers of a second or first class judicial magistrate, appointed by the state
government.

23. MAJOR MINISTRIES LOOKING INTO CHILD
PROTECTION MATTERS
 Ministry of Women and Child
Development
 Ministry of Social Justice and
Empowerment
 Ministry of Education
 Ministry of Health and Family Welfare
 Ministry of Labour
 Ministry of Home

24. MAJOR CHILD PROTECTION SCHEMES AND
SERVICES
Anganwadi
Services
Scheme for
Adolescent
Girls
Child
Protection
Services (CPS)
National
Crèche
Scheme
POSHAN
Abhiyaan
INTEGRATED CHILD
DEVELOPMENT
SERVICES (ICDS)
BETI BACHAO BETI
PADHAO

25. CHILD PROTECTION SERVICES
The Ministry of Women and Child Development is implementing a Centrally Sponsored
Scheme i.e. ‘Child Protection Services’, (erstwhile Integrated Child Protection
Scheme) under umbrella Integrated Child Development Services. It is a most
important services of Central Govt and run by State Govt. in the field of child
protection.
Objectives:
• Provide a safe and secure environment for overall development of the children in
need of care and protection and children in conflict with law
• Contribute to the improvement in the well being of children in difficult
circumstances
• Reduce vulnerabilities to situations and actions that lead to abuse, neglect,
exploitation, abandonment and separation
• Improved access to Child Protection services
• Enhanced quality of Child Protection services
• Enhanced capacities and skills of CP personnel
• Increased awareness on Child rights and protection
• Creation of a knowledge and information database on/for CP services
• Clear role description, role delineation and accountability at all levels
• Functional service (statutory and support) delivery structures at all levels
• Monitoring and evaluation

26. CONTD..
Ministry of Women and
Child Development
Central Project
Support Unit
State Child
Protection
Societies
Childline
India
Foundation
National Institute of Public
Cooperation and Child
Development (NIPCCD)
Central Adoption
Resource Agency
(CARA)
State Project
Support
Units
District
Child
Protection
Unit
Voluntary
Organisations
State
Government
run
Institutions
Regional
Centres
Childline
Partner
Agencies
Regional
Centres
Child Care
Institutions
CWCs & JJBs
State
Govt.
State
Adoption
Resource
Agency
(SARA)
Service Delivery Structure of Child Protection Service

27. Training and Research
Services
Institutional
Services
Non-Institutional
Services
Monitoring
Committee
• Human Resource
Development
• Training and Capacity
building
• Linkages with Institutions
• Strengthening the
knowledge base
• Research and
documentation
• Child tracking system
• Web-enabled child
protection Management
Information System (MIS)
• Website for Missing
Children
• Advocacy public education
and communication
• Shelter Homes
• Children’s Homes
• Observation
Homes
• Special Homes
• Specialized
services for
children with
special needs
• Statutory Support
Services: CWCs.
JJBs, SJPUs
• CHILD LINE
• Open shelters for
children in need in
urban and semi-
urban areas
• Sponsorship
• Foster Care
• Adoption
• After-Care
• State Child Protection
Committee (SCPC)
• District Child
Protection
Committee(DCPC)
• Block/Village Child
Protection
committee(B/VLCPC)
• District Sponsorship
and Foster care
approval committee
CONTD..
Available Services under Child Protection Services Schemes

28. STATUTORY SUPPORT SERVICES
Child Welfare Committees (CWCs): In accordance with the provisions of the Juvenile Justice
(Care & Protection of Children) Act and model rules 2016, the State Government will constitute
Child Welfare Committees in each district, for exercising the powers to discharge duties,
conferred on such committees in relation to Children in Need of Care & Protection. The
Committee shall have the authority to dispose of cases for the care, protection, treatment,
development and rehabilitation of the children in need of care and protection, as well as to
provide for their basic needs and protection.
Juvenile Justice Boards (JJBs): State Government will constitute Juvenile Justice Boards in
each districts or group of districts, for exercising the powers & to discharge duties, conferred on
such Boards in relation to Children in Conflict with Law under JJ Act and Rule. The board has
power to deal exclusively with all proceedings relating to children in conflict with law. The
powers conferred on the Board by or under JJ Act may also be exercised by the High Court and
the Children's Court, when the proceedings come before them in appeal, revision or otherwise
Special Juvenile Police Units (SJPU) : To co-ordinate all functions of police related to children,
the State Government shall constitute Special Juvenile Police Units in each district and city,
headed by a police officer not below the rank of a Deputy Superintendent of Police or above
and consisting of all police officers designated under sub-section (1) and two social workers
having experience of working in the field of child welfare, of whom one shall be a woman.

29. NATIONAL COMMISSION FOR PROTECTION
OF CHILD RIGHTS (NCPCR)
National Commission for Protection of Child Rights (NCPCR) is a statutory
body under the Commissions for Protection of Child Rights (CPCR) Act,
2005 under the administrative control of the Ministry of Women & Child
Development. 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 Commission
has a Chairperson, 6 Members (at least 2 women) and a Member
Secretary. It has a 3 years term. Present Commission’s term is w.e.f.
October, 2015. All States have independent State Commissions.
Mandates:
• Examine all laws, policies, programmes, and administrative
mechanisms and specially monitor implementation of J.J. Act, 2015;
POCSO Act, 2012; RTE Act, 2009.
• Ensure that children’s rights, as enshrined in the Constitution of