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CHILD PROTECTION MECHANISMS
MODULE 04
LEARNING OBJECTIVES
At the end of this course student will be able to:
• know the constitutional and other legal provisions related to child
protection.
• understand the role and responsibilities of different concerned
stakeholders working for child protection.
• understand the prevention, protection, rehabilitation and
monitoring mechanisms of child protection.
• Understand the child protection schemes and services
• understand the principles of working with children
In the previous module no. 03 we understood the meaning of Child
Protection, issues of child protection and their consequences. In this
module we will learn the different mechanisms to address the issues of
child protection.
International Instruments
National Policies and Plans
Indian Constitution
Legislations
ParentsCommunity NGOs Care Givers Judiciary Stakeholders Citizens
Children
Programmes and Services
CHILD PROTECTION MECHANISMS
INTERNATIONAL CONVENTIONS AND TREATIES RELATED TO CHILD
RIGHTS AND CHILD PROTECTION
Core International Human Rights Treaties &
their Optional Protocols Ratified by India
Date of Accession /Ratification
International Convention on the Elimination of
All Forms of Racial Discrimination (ICERD), 1965
India ratified the Convention on
3rdDecember, 1968 with certain reservations
International Covenant on Civil and Political
Rights (ICCPR), 1966
India acceded to the Convention on 10th
April, 1979
International Covenant on Economic, Social and
Cultural Rights (ICESCR), 1966
India acceded to the Convention on 10th
April, 1979
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 9th July, 1993 with certain
reservations
Convention on the Rights of the Child (CRC),
1989
India acceded to the Convention on 11th
December, 1992
The international human rights treaties set international standards for the protection and
promotion of human rights including child rights to which States can subscribe by
becoming a party to these treaties. Each State party has an obligation to take steps to
ensure that everyone within the State can enjoy the rights set out in the treaty.
Convention on the Rights of Persons with Disabilities
(CRPD), 2006
India ratified the Convention on 1st October,
2007
Optional Protocol to the Convention on the Rights
of the Child (CRC) on the Involvement of Children in
Armed Conflict, 2000
India ratified the Optional Protocol on 30th
November, 2005
Optional Protocol to the Convention on the Rights
of the Child (CRC) on the Sale of Children, Child
Prostitution and Child Pornography, 2000
India ratified the Optional Protocol on 16th
August, 2005
CORE International Labour Organization (ILO) Conventions
Ratified By India
Forced Labour Convention, 1930 (No. 29) India ratified Convention No. 29 on 30th
November, 1954
Equal Remuneration Convention, 1951 (No. 100) India ratified Convention No. 100 on 25th
September, 1958
Abolition of Forced Labour Convention, 1957 (No.
105)
India ratified Convention No. 105 on 18th May,
2000
Discrimination (Employment & Occupation)
Convention, 1958 (No.111)
India ratified Convention No. 111 on 03rd June,
1960
Admission of age to employment (No. 138) and
worst forms of Child Labour (No. 182)
India ratified Convention No. 138 and 182 on
13th June 2017
Cont..
The constitution of India protect the rights of children through some following
special provisions relating to children. These are:
• 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 23 Prohibits trafficking of human beings including children.
• 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.
CONSTITUTIONAL PROVISONS OF INDIA ON CHILD PROTECTION
Fundamental Rights
All rights that are basic to every human being called Fundamental Rights. As a
citizen of India, children are also eligible to enjoy some Fundamental Rights
which described from articles 14 to 35 in part III of Indian Constitution.
Following are the articles of fundamental rights that also applicable for
children.
Right to equality:
• Article 14: 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 all discrimination on any ground such as cast, race,
colour, sex, language, religion, birth or other status
• Article 15 (3): The State must make special provisions for women and
children
• Article 17: Right to be protected from Untouchability
Cont..
Cont..
Right to Freedom:
• Article 19: Right to freedom of speech and expression; All citizens shall
have the right –
• to assemble peaceably and without arms;
• to form associations or unions;
• to move freely throughout the territory of India;
• to reside and settle in any part of the territory of India; and
• to practice any profession, or to carry on any occupation, trade or
business.
• Article 21: Right to life and personal liberty (Right to a life with dignity)
• Article 21A: The state shall provide free and compulsory education to all
children of the age of six to fourteen years)
• The State shall provide free and compulsory education to all children of
the age of six to fourteen years age group.
• Article 22: Protection against arrest and detention in certain cases.
Right Against Exploitation:
• Article 23: Traffic in human beings and beggar and other similar forms of
forced labour are prohibited.
• Article24: Prohibition of Employment of children below the age of
fourteen years in any factories or mine or engaged in any other hazardous
employment.
Right to Freedom of Religion
• Article 25: Freedom of Conscience and practice of Religion.
• Article 26: Freedom to manage religious affairs (this includes the right to
establish and maintain institutions and administer property in accordance
with law.
• Article 27: Freedom to promote one’s religion.
• Article 28: Freedom of religious instruction . (However, no religious
instruction shall be provided in any institution maintained by State funds)
Cont..
Cultural and Educational Rights:
• Article 29: Protection of Rights of Minorities
• Right to conserve one’s language, script and culture
• Right to admission to any educational institution without any
discrimination
• Article30: Right of minorities to establish and administer educational
institutions
Right to Constitutional Remedies
• Article 32: The Right to move the Supreme Courtfor enforcement of
Fundamental rights (A person can directly approach to Supreme Court for
violation of fundamental rights)
Cont..
Cont..
Fundamental Duties that related to Children:
Fundamental Duties are the obligation of Indian citizens to perform their
duties towards nation building through observing certain basic norms of
democratic conduct and democratic behavior. Presently citizen of India
have 11 fundamental duties in India's constitution under article 51-A, which
are statutory duties and are enforceable by law. When we are fulfilling the
fundamental duties we ensuring a safe and secure environment in the
country which can help children for his/her development with his/her full
potential.
The 86th constitutional amendment in 2002 added that;
(k) who is a parent or guardian to provide opportunities for education
to his child or, as the case may be, ward between the age of six and
fourteen years.
Directive Principles of State Policy that directly relate to children:
The Part IV of the Constitution popularly known as the Directive Principles of State Policy
(from Articles 36-51 of the Constitution) are the set of guidelines or principles for the federal
institutes governing the state of India. Following are the provisions laid down relating to
children.
• Article 39A mandates the state shall provide Equal Justice and Free Legal Aid by suitable
legislation or schemes or in any other way.
• Article 39(e) right to be protected form being abused and forced by economic necessity
to enter occupations unsuited to their age or strength.
• Article 39(f) direct that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and childhood and youth are
protected against exploitation and against moral and material abandonment.
• Article 45 states that the state shall endeavor to provide early childhood care and
education for all children until they complete the age of six years.
• Article 46 right of weaker sections of the people to be protected from social injustice and
all forms of exploitation.
• Article 47 envisages that the state shall raise the level of nutrition and standard of living
and to improve public health.
Cont..
The National Policy for Children, 1974
The National Policy on Education, 1986
The National Policy on Child Labour, 1987
The National Nutrition Policy, 1993
The National Health Policy, 2002
The National Charter for Children, 2004
National Plan of Action for Children, 2005
National Policy for Children, 2013
EXISTING POLICIES AND PLANS OF GOVT. OF INDIA FOR
CHILDREN
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. Following the
salient features of the National Plan of Action for Children, 2005:
• 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 and other 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;
THE NATIONAL PLAN OF ACTION FOR CHILDREN, 2005
A policy is a definite course, rules, guidelines or method of action/s (by the
government, institution, group or individual) to determine present and future
long-term decisions. National Policy for Children, 2013 is a vision document of
Govt. of India to protect and encourage the rights of the children to survival,
health, nutrition, education, development, protection form harms, and
participation. Following are some of important features of the policy:
Through this policy the State is committed to take following affirmative
measures:
• legislative, policy or otherwise;
• to promote and safeguard the rights of all children to live and grow with equity,
dignity, security and freedom;
• to ensure that all children have equal opportunities and
• that no custom, tradition, cultural or religious practice is allowed to violate or
restrict or prevent children from enjoying their rights.
NATIONAL POLICY FOR CHILDREN, 2013
The National policy for Children 2013 have 12 guiding principles, state government
should develop their plan, policy, laws and schemes in reference to this guidelines.
Necessary measures to be taken under the policy are:
1. REGARDING SURVIVAL, HEALTH AND NUTRITION
• The right to life, survival, health and nutrition is an inalienable right of every
child (cannot be taken away in any circumstances) and will receive the highest
priority.
• The state stands committed to ensure equitable (impartial/ unbiased) access to
comprehensive and essential preventive, promotive, curative and rehabilitative
health care of the highest standard, for all children before, during and after
birth, and throughout the period of their growth and development
• Every child has a right to adequate (appropriate) nutrition and to be safeguard
against hunger, deprivation and malnutrition. The state commits to securing
their right for all children through access, provision and promotion of required
services and supports for holistic (integrated) nurturing, well-being and nutritive
attainment of all children, keeping in view their individual needs at different
stages of life in a life cycle approach
Cont..
2. REGARDING EDUCATION AND DEVELOPMENT
• Every child has equal right to learning, knowledge and education. The State recognizes its
responsibility to secure this right for every child, with due regard for special needs,
through access, provision and promotion of required environment, information,
infrastructure, services and supports, towards the development of the child’s fullest
potential. There are 20 points have been mentioned in the policy for state to take
measures regarding education and development of children.
3. REGARDING PROTECTION AND PARTCIPATION
• The State shall create a caring, protective and safe environment for all children, to
reduce their vulnerability in all situations and to keep them safe at all places, especially
public spaces.
• The State shall protect all children from all forms of violence and abuse, harm, neglect,
stigma, discrimination, deprivation, exploitation including economic exploitation and
sexual exploitation, abandonment, separation, abduction, sale or trafficking for any
purpose or in any form, pornography, alcohol and substance abuse, or any other activity
that takes undue advantage of them, or harms their personhood or affects their
development.
Cont..
• To secure the rights of children temporarily or permanently deprived of parental care,
the State shall endeavour to ensure family and community-based care arrangements
including sponsorship, kinship, foster care and adoption, with institutionalization as a
measure of last resort.
• The State shall promote child friendly environment, enact progressive legislation,
build a preventive and responsive child protection system to comprehensively address
issues related to child protection.
• The state should ensure that children are made aware of their rights, and provide,
create an enabling environment, opportunities to form aspirations and express their
views in accordance with their age, level of maturity and evolving capacities, so as to
enable them to be actively involved in their own development and in all matters
concerning and affecting them.
• The state shall promote and strengthen respect for the views of the child, especially
those of the girl child, children with disabilities and of children from minority groups
or marginalized communities, within the family; community; schools and institutions;
different levels of governance; as well as judicial and administrative proceedings that
concern them.
Note: Visit the website of Ministry of Women and Child development for more details about the National Police for
Children 2013.
Cont..
There are specific laws has been enacted by parliament and state legislative
assembly in order to implementation of constitutional provisions and policies. In this
regard following are some of important laws enacted by central and state
(Rajasthan) Government to protect the rights of children.
 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 and Adolescent (Prohibition and Regulation) Act (Amendment
in 2016)
 1988: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances
Act
 1989: Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act
CHILD PROTECTION LAWS/LEGISLATIONS IN INDIA
 1992: Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act (Amendment in 2003)
 1994: Transplantation of Human Organ Act
 1995: Person with Disability (Equal Protection of Rights and Full Participation)
Act
 2000: Information Technology Act
 2000: Juvenile Justice (Care and Protection of Children) Act (Amendment in
2015)
 2000: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) (Amendment in 2002)
 2003: The Infant Milk Substitutes, Feeding Bottles and Infant Foods Regulation
of Production, Supply and Distribution 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: Protection of Children from Sexual Offences Act (Amendment in 2019)
Cont..
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 Juvenile Justice Board (JJB), Child Welfare
Committee (CWC), Special Juvenile Police Unit (SJPU), (Central Adoption Resource
Agency (CARA), State Child Protection Society and Committee and District Child
Protection Unit and Committee) (DCPU/C etc.
• Power, functions and responsibilities of all service providers
• Presumption and determination of age of child
• The act says about legal procedures to deal with the children in conflict with law
(CiCL) and Children in need of Care and Protection (CNCP).
• 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 missing children and adoption of children
MAJOR CHILD PROTECTION LAWS/LEGISLATIONS IN INDIA
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. The recent amendments (2019) in the act increases the penal
provisions between three years to life imprisonment for various offences under the
law. Following are the key highlights of the Act.
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..
3. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986:
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 was formed to
prohibit and regulate the child labour practices in India. The central legislature has
made substantial changes in the provisions of the Act in the year 2016. Following are
the key highlights of the Act.
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..
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 authorized
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..
5. The Prohibition of Child Marriage Act,2006 (PCMA) was enacted repealing the Child
Marriage Restraint Act of 1929 in order to prohibit child marriages rather than only
restraining them. This legislation is armed with enabling provisions to prohibit child
marriages, protect and provide relief to victims and enhance punishment for those who
abet, promote or solemnize such marriages.
Key Highlights:
• Child or minor under this law is defined as 18 years in the case of girls and 21 years in
the case of boys. If any individual get married before the age as mentioned in the act
called Child Marriage.
• The act marks child marriage an offence and prescribes punishment for those
conducting/ abetting/ promoting/permitting/ solemnizing child marriages.
• Child marriages is a cognizable and non-bailable offence.
• The Courts have the power to issue injunction for prohibiting child marriages from
taking place.
• The act provides powers to the State Government to appoint Child Marriage
Prohibition Officers (CMPO) and makes child marriages voidable by giving choice to
the children.
• It gives a legal status to all children born from child marriages and makes provisions
for their custody and maintenance
Cont..
GOVERNANCE AND PLANNING
Ministry of Women and
Child Development
Ministry of Social Justice
and Empowerment
Ministry of Home Ministry of Labour
Ministry of Health and Family
Welfare
Ministry of Education
Department of Child Rights (Special Structure in Rajasthan state)
Rajasthan is the first state to have separate & independent department to address issues
related to child rights. The main aim of this department is to protect rights of children and to
implement JJ Act, 2015 and POCSO Act, 2012 and other schemes related to children.
Find the below link for more details.
http://sje.rajasthan.gov.in/commissions/DCR/Default.aspx?PageID=1239
Children’s issues covered by several ministries at Union and State level:
5 Years Plan
Anganwadi
Services
Scheme for
Adolescent
Girls
Child
Protection
Services (CPS)
National
Crèche
Scheme
POSHAN
Abhiyaan
UMBRELLA
INTEGRATED CHILD
DEVELOPMENT
SCHEMES (ICDS)
BETI BACHAO
BETI PADHAO
MAJOR CHILD PROTECTION SCHEMES
National Child Labour
Project Scheme
The Ministry of Women and Child Development is implementing a centrally sponsored
schemes i.e ‘Child Protection Services’ (erstwhile Integrated Child Protection Schemes)
under umbrella Integrated Child Development Schemes. The scheme runs by state
Govt. in partnership with Civil Society Organization. Following are the objectives of
the scheme.
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
CHILD PROTECTION SERVICES OF GOVT. OF INDIA
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
Protectio
n Unit
Voluntary
Org.
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 Structures under Child Protection ServicesCont..
Note: Visit the website of Ministry of Women and Child
development for more details about the Child Protection
Services
Target
Group of
Child
Protection
Service
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/VLCP
C)
• District
Sponsorship and
Foster care
approval
committee
Available Services under Child Protection Services Schemes
Cont..
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.
STATUTORY SUPPORT SERVICES UNDER JJ ACT
The Integrated Child Development Services (ICDS) is a flagship scheme of Ministry of
Women and Child Development in the field of child development and child protection.
The scheme is supported by central Govt. in partnership with States/UTs across the
country.
The objectives of the scheme is
a) to improve the nutritional and health status of children in the age-group 0-6 years;
b) to lay the foundation for proper psychological, physical and social development of
the child;
c) to reduce the incidence of mortality, morbidity, malnutrition and school dropout;
d) to achieve effective co-ordination of policy and implementation amongst the various
departments to promote child development; and
e) to enhance the capability of the mother to look after the normal health and
nutritional needs of the child through proper nutrition and health education.
In order to achieve these objectives, a package of six services namely (i) supplementary
nutrition (SNP), (ii) immunization, (iii) health check-up, (iv) referral services, (v) pre-
school non-formal education and vi) nutrition & health education are provided. Mostly
the scheme implemented by Women and Child Development department of State
Governments
INTEGRATED CHILD DEVELOPMENT SERVICES (ICDS)
Government of India has introduced the Beti Bachao, Beti Padhao (BBBP) scheme for
survival, protection & education of the girl child. It aims to address the issue of declining
Child Sex Ratio (CSR) through a mass campaign across the country targeted at changing
societal mindsets & creating awareness about the criticality of the issue. The Scheme will
have focussed intervention & multi-sectoral action in 100 districts with low Child Sex
Ratio. It is a joint initiative of Ministry of Women and Child Development, Ministry of
Health and Family Welfare and Ministry of Human Resource Development. The Sectoral
interventions under the programme include the following:
I. Ministry of WCD: Promote registration of pregnancies in first trimester in Anganwadi
Centres (AWCs); Undertake Training of stakeholders; Community Mobilization &
Sensitization; Involvement of Gender Champions; Reward & recognition of institutions
& frontline workers.
II. Ministry of Health & Family Welfare: Monitor implementation of Pre-Conception and
Pre-Natal Diagnostic Techniques (PCP&DT)Act, 1994; Increased institutional deliveries;
Registration of births; Strengthening PNDT Cells; Setting up Monitoring Committees.
III. Ministry of Human Resource Development: Universal enrolment of girls; Decreased
drop-out rate; Girl Child friendly standards in schools; Strict implementation of Right
to Education (RTE); Construction of Functional Toilets for girls.
BETI BACHAO, BETI PADHAO SCHEME
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.
NATIONAL CHILD LABOUR PROJECT SCHEME
Other Schemes/Programmes that help in Child Protection:
• Samagra Shiksha Abhiyaan: Samagra Shiksha - An Integrated Scheme for school
education, which is an all-encompassing programme for the school education sector
extending from pre-school to class XII. The scheme includes the three erstwhile
centrally sponsored schemes i.e. Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik
Shiksha Abhiyan (RMSA) and Teacher Education(TE). The scheme reaches out to girls
and children belonging to Scheduled Caste (SC), Scheduled Tribe (ST), minority
communities and transgender, urban deprived children, children affected by periodic
migration and children living in remote and scattered habitations.
• National Crèche Scheme: National Crèche Scheme (erstwhile Rajiv Gandhi National
Crèche Scheme is being implemented as a Centrally Sponsored Scheme through
States/UTs with effect from 01.01.2017 to provide day care facilities to children (age
group of 6 months to 6 years) of working mothers in the community.). Creche facilities
are also provided under the Beedi& Cigar Worker (Conditions of Employment)
Act,1966.
OTHER CHILD PROTECTION SCHEMES AND PROGRAMMES
Source: https://pib.gov.in/
• Mid-day Meal scheme: The Mid-day Meal Scheme is a school meal
programme designed to better the nutritional standing of school-age
children nationwide.
• Balika Samridhi Yojana: The objective of the scheme is improvising the
enrolment of as well as retention of the girl child in the school, Changing
the negative attitude of the family and community towards the birth of
the girl child and assisting the girls in undertaking activities that can
generate income.
• Nutritional Programme for Adolescent Girls (NPAD) : The objective of
the scheme to empower adolescent girls (11-18 years) through
nutrition, health care and life skill education.
• Central Adoption Research Agency (CARA): For legal adoption of
children.
• UJJAWALA: A Comprehensive Scheme for Prevention of trafficking and
Resue, Rehabilitation and Re-integration of Victims of Trafficking and
Commercial Sexual Exploitation
Cont..
National Commission for Protection of Child Rights (NCPCR): 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
CHILD PROTECTION MONITORING MECHANISM
State Child Protection Committee: State Child protection Committee is a mentoring body
of State Child Protection Society under CPS. This committee supervise the activities of the
society and recommended best for effective implementation of ICPS and JJ Act. The State
Principal Secretary/Secretary, Women and Child Development is the chairperson of the
committee include members from the concerned government departments like health,
education, labour, housing, judiciary, home, railways and members of the local bodies like
PRIs, ULBs, voluntary organizations and members of the civil society. The SCPC monitor
the implementation of CPS on the basis of the state specific indicators. Apart that the
committee also address the grievances pertaining to implementation of CPS and JJ Act.
District Child Protection Committee: District Child Protection Committee is the district
level implementation and monitoring committee of CPS under the under the
Chairpersonship and Co-Chairpersonship of the Chairperson Zila Parishad and District
Magistrate respectively. The committee have other members from concerned district
departments such as education, labour, police, NGOs etc.
Cont..
Block Level Child Protection Committee: Every Block (ward in a city) shall have a Child
Protection Committee under the Chairpersonship of the block/ward level elected
representative (Head of the Block Committee) with the Block Development Officers
(BDOs) as the Member Secretary to suggest and monitor the implementation of child
protection services at block level. The committee could include a member of the
DCPU, one ICDS functionary, representatives of education and health departments,
Chairpersons of the Village Level Child Protection Committees as well as respected
community members and civil society representatives.
Village Level Child protection Committee (VLCPC): Every village shall have a Child
Protection Committee under the Chairpersonship of the village level elected
representative (Head of the Gram Panchayat) to recommend and monitor the
implementation of child protection services at the village level. The committee also
address the grievance related to child rights in the village. The committee is included
two child representatives, a member of DCPU, Anganwadi worker, school teachers,
ANM, as well as respected village members and civil society representatives. The
committee may have meeting once in a month. There is no such specific function has
been mentioned in the ICPS but following functions are based on guideline prepared
by Govt. of Punjab which seem appropriate.
Cont..
• Child at the centre: The guiding principle is suggestive of keeping children and
children’s issue central to any and all actions taken.
• Best Interest of the Child: This principle lays down that one must act in the best
interest of children.
• Child Friendly: The staff must adopt a child friendly behavior when in contact with
the children
• Gender Sensitive: The principle lays down that the staff must be gender sensitive and
treat both girls and boys similarly.
• Practice non-discrimination: Children who come in the child care institutions belong
to diverse backgrounds
• Empathy and Sympathy: The principle lays down that the staff must empathize and
sympathize with a child who comes in contact with them.
• Accountability: The principle of accountability lays down that every individual staff
who come in contact with the children must take accountability of any action taken
for the child.
• Diversion and restorative justice: We should employ a restorative justice approach
which offers guidance and opportunities to further a child’s moral development and
encourages them to take responsibility for their actions.
KEY PRINCIPLES OF WORKING WITH CHILDREN
CHECK YOUR PROGRESS
Q-1 Match the conventions with date of
accession/ratification by India
a) (ICERD), 1965 1. on 11th December 1992
b) (ICCPR), 1966 2. 10th April 1979
c) (CRPD), 2006 3. 3rd December 1968
d) (CRC), 1989 4. 1st October 2007
A) a1,b3,c2,d4
B) a2,b1,c4,d3
C) a3,b2,c4,d1
D) a4,b3,c1,d2
Q-2 Which one of the following article of
Indian constitution prohibited child labour?
a) Article 14
b) Article 21(A)
c) Article 24
d) Article 39 (e)
Q-3 Which one of the following legislation
deal with legal adoption procedures of a
child ?
a) Orphanages and other Charitable
Homes (Supervision and Control) Act
1960
b) Juvenile Justice (Care and Protection
of Children) Act 2015.
c) Prohibition of Child Marriage Act 2006
d) Information and Technology Act 2000
CHECK YOUR PROGRESS
Q-4 Non-Institutional services for children
includes:
a) Foster Care
b) Sponsorship
c) Adoption
d) All the above
Q-5 Which one of the following is not the correct matching?
• DCPC – Chair by Zila Parishad
• UJJAWALA – Child Labour Programme
• Article 14 – Provision of Right to equality
• NCPCR – Monitoring of Child Rights

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Module 04 understanding child protection mechanisms

  • 2. LEARNING OBJECTIVES At the end of this course student will be able to: • know the constitutional and other legal provisions related to child protection. • understand the role and responsibilities of different concerned stakeholders working for child protection. • understand the prevention, protection, rehabilitation and monitoring mechanisms of child protection. • Understand the child protection schemes and services • understand the principles of working with children In the previous module no. 03 we understood the meaning of Child Protection, issues of child protection and their consequences. In this module we will learn the different mechanisms to address the issues of child protection.
  • 3. International Instruments National Policies and Plans Indian Constitution Legislations ParentsCommunity NGOs Care Givers Judiciary Stakeholders Citizens Children Programmes and Services CHILD PROTECTION MECHANISMS
  • 4. INTERNATIONAL CONVENTIONS AND TREATIES RELATED TO CHILD RIGHTS AND CHILD PROTECTION Core International Human Rights Treaties & their Optional Protocols Ratified by India Date of Accession /Ratification International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965 India ratified the Convention on 3rdDecember, 1968 with certain reservations International Covenant on Civil and Political Rights (ICCPR), 1966 India acceded to the Convention on 10th April, 1979 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 India acceded to the Convention on 10th April, 1979 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 9th July, 1993 with certain reservations Convention on the Rights of the Child (CRC), 1989 India acceded to the Convention on 11th December, 1992 The international human rights treaties set international standards for the protection and promotion of human rights including child rights to which States can subscribe by becoming a party to these treaties. Each State party has an obligation to take steps to ensure that everyone within the State can enjoy the rights set out in the treaty.
  • 5. Convention on the Rights of Persons with Disabilities (CRPD), 2006 India ratified the Convention on 1st October, 2007 Optional Protocol to the Convention on the Rights of the Child (CRC) on the Involvement of Children in Armed Conflict, 2000 India ratified the Optional Protocol on 30th November, 2005 Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution and Child Pornography, 2000 India ratified the Optional Protocol on 16th August, 2005 CORE International Labour Organization (ILO) Conventions Ratified By India Forced Labour Convention, 1930 (No. 29) India ratified Convention No. 29 on 30th November, 1954 Equal Remuneration Convention, 1951 (No. 100) India ratified Convention No. 100 on 25th September, 1958 Abolition of Forced Labour Convention, 1957 (No. 105) India ratified Convention No. 105 on 18th May, 2000 Discrimination (Employment & Occupation) Convention, 1958 (No.111) India ratified Convention No. 111 on 03rd June, 1960 Admission of age to employment (No. 138) and worst forms of Child Labour (No. 182) India ratified Convention No. 138 and 182 on 13th June 2017 Cont..
  • 6. The constitution of India protect the rights of children through some following special provisions relating to children. These are: • 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 23 Prohibits trafficking of human beings including children. • 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. CONSTITUTIONAL PROVISONS OF INDIA ON CHILD PROTECTION
  • 7. Fundamental Rights All rights that are basic to every human being called Fundamental Rights. As a citizen of India, children are also eligible to enjoy some Fundamental Rights which described from articles 14 to 35 in part III of Indian Constitution. Following are the articles of fundamental rights that also applicable for children. Right to equality: • Article 14: 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 all discrimination on any ground such as cast, race, colour, sex, language, religion, birth or other status • Article 15 (3): The State must make special provisions for women and children • Article 17: Right to be protected from Untouchability Cont..
  • 8. Cont.. Right to Freedom: • Article 19: Right to freedom of speech and expression; All citizens shall have the right – • to assemble peaceably and without arms; • to form associations or unions; • to move freely throughout the territory of India; • to reside and settle in any part of the territory of India; and • to practice any profession, or to carry on any occupation, trade or business. • Article 21: Right to life and personal liberty (Right to a life with dignity) • Article 21A: The state shall provide free and compulsory education to all children of the age of six to fourteen years) • The State shall provide free and compulsory education to all children of the age of six to fourteen years age group. • Article 22: Protection against arrest and detention in certain cases.
  • 9. Right Against Exploitation: • Article 23: Traffic in human beings and beggar and other similar forms of forced labour are prohibited. • Article24: Prohibition of Employment of children below the age of fourteen years in any factories or mine or engaged in any other hazardous employment. Right to Freedom of Religion • Article 25: Freedom of Conscience and practice of Religion. • Article 26: Freedom to manage religious affairs (this includes the right to establish and maintain institutions and administer property in accordance with law. • Article 27: Freedom to promote one’s religion. • Article 28: Freedom of religious instruction . (However, no religious instruction shall be provided in any institution maintained by State funds) Cont..
  • 10. Cultural and Educational Rights: • Article 29: Protection of Rights of Minorities • Right to conserve one’s language, script and culture • Right to admission to any educational institution without any discrimination • Article30: Right of minorities to establish and administer educational institutions Right to Constitutional Remedies • Article 32: The Right to move the Supreme Courtfor enforcement of Fundamental rights (A person can directly approach to Supreme Court for violation of fundamental rights) Cont..
  • 11. Cont.. Fundamental Duties that related to Children: Fundamental Duties are the obligation of Indian citizens to perform their duties towards nation building through observing certain basic norms of democratic conduct and democratic behavior. Presently citizen of India have 11 fundamental duties in India's constitution under article 51-A, which are statutory duties and are enforceable by law. When we are fulfilling the fundamental duties we ensuring a safe and secure environment in the country which can help children for his/her development with his/her full potential. The 86th constitutional amendment in 2002 added that; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
  • 12. Directive Principles of State Policy that directly relate to children: The Part IV of the Constitution popularly known as the Directive Principles of State Policy (from Articles 36-51 of the Constitution) are the set of guidelines or principles for the federal institutes governing the state of India. Following are the provisions laid down relating to children. • Article 39A mandates the state shall provide Equal Justice and Free Legal Aid by suitable legislation or schemes or in any other way. • Article 39(e) right to be protected form being abused and forced by economic necessity to enter occupations unsuited to their age or strength. • Article 39(f) direct that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and childhood and youth are protected against exploitation and against moral and material abandonment. • Article 45 states that the state shall endeavor to provide early childhood care and education for all children until they complete the age of six years. • Article 46 right of weaker sections of the people to be protected from social injustice and all forms of exploitation. • Article 47 envisages that the state shall raise the level of nutrition and standard of living and to improve public health. Cont..
  • 13. The National Policy for Children, 1974 The National Policy on Education, 1986 The National Policy on Child Labour, 1987 The National Nutrition Policy, 1993 The National Health Policy, 2002 The National Charter for Children, 2004 National Plan of Action for Children, 2005 National Policy for Children, 2013 EXISTING POLICIES AND PLANS OF GOVT. OF INDIA FOR CHILDREN
  • 14. 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. Following the salient features of the National Plan of Action for Children, 2005: • 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 and other 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; THE NATIONAL PLAN OF ACTION FOR CHILDREN, 2005
  • 15. A policy is a definite course, rules, guidelines or method of action/s (by the government, institution, group or individual) to determine present and future long-term decisions. National Policy for Children, 2013 is a vision document of Govt. of India to protect and encourage the rights of the children to survival, health, nutrition, education, development, protection form harms, and participation. Following are some of important features of the policy: Through this policy the State is committed to take following affirmative measures: • legislative, policy or otherwise; • to promote and safeguard the rights of all children to live and grow with equity, dignity, security and freedom; • to ensure that all children have equal opportunities and • that no custom, tradition, cultural or religious practice is allowed to violate or restrict or prevent children from enjoying their rights. NATIONAL POLICY FOR CHILDREN, 2013
  • 16. The National policy for Children 2013 have 12 guiding principles, state government should develop their plan, policy, laws and schemes in reference to this guidelines. Necessary measures to be taken under the policy are: 1. REGARDING SURVIVAL, HEALTH AND NUTRITION • The right to life, survival, health and nutrition is an inalienable right of every child (cannot be taken away in any circumstances) and will receive the highest priority. • The state stands committed to ensure equitable (impartial/ unbiased) access to comprehensive and essential preventive, promotive, curative and rehabilitative health care of the highest standard, for all children before, during and after birth, and throughout the period of their growth and development • Every child has a right to adequate (appropriate) nutrition and to be safeguard against hunger, deprivation and malnutrition. The state commits to securing their right for all children through access, provision and promotion of required services and supports for holistic (integrated) nurturing, well-being and nutritive attainment of all children, keeping in view their individual needs at different stages of life in a life cycle approach Cont..
  • 17. 2. REGARDING EDUCATION AND DEVELOPMENT • Every child has equal right to learning, knowledge and education. The State recognizes its responsibility to secure this right for every child, with due regard for special needs, through access, provision and promotion of required environment, information, infrastructure, services and supports, towards the development of the child’s fullest potential. There are 20 points have been mentioned in the policy for state to take measures regarding education and development of children. 3. REGARDING PROTECTION AND PARTCIPATION • The State shall create a caring, protective and safe environment for all children, to reduce their vulnerability in all situations and to keep them safe at all places, especially public spaces. • The State shall protect all children from all forms of violence and abuse, harm, neglect, stigma, discrimination, deprivation, exploitation including economic exploitation and sexual exploitation, abandonment, separation, abduction, sale or trafficking for any purpose or in any form, pornography, alcohol and substance abuse, or any other activity that takes undue advantage of them, or harms their personhood or affects their development. Cont..
  • 18. • To secure the rights of children temporarily or permanently deprived of parental care, the State shall endeavour to ensure family and community-based care arrangements including sponsorship, kinship, foster care and adoption, with institutionalization as a measure of last resort. • The State shall promote child friendly environment, enact progressive legislation, build a preventive and responsive child protection system to comprehensively address issues related to child protection. • The state should ensure that children are made aware of their rights, and provide, create an enabling environment, opportunities to form aspirations and express their views in accordance with their age, level of maturity and evolving capacities, so as to enable them to be actively involved in their own development and in all matters concerning and affecting them. • The state shall promote and strengthen respect for the views of the child, especially those of the girl child, children with disabilities and of children from minority groups or marginalized communities, within the family; community; schools and institutions; different levels of governance; as well as judicial and administrative proceedings that concern them. Note: Visit the website of Ministry of Women and Child development for more details about the National Police for Children 2013. Cont..
  • 19. There are specific laws has been enacted by parliament and state legislative assembly in order to implementation of constitutional provisions and policies. In this regard following are some of important laws enacted by central and state (Rajasthan) Government to protect the rights of children.  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 and Adolescent (Prohibition and Regulation) Act (Amendment in 2016)  1988: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act  1989: Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act CHILD PROTECTION LAWS/LEGISLATIONS IN INDIA
  • 20.  1992: Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act (Amendment in 2003)  1994: Transplantation of Human Organ Act  1995: Person with Disability (Equal Protection of Rights and Full Participation) Act  2000: Information Technology Act  2000: Juvenile Justice (Care and Protection of Children) Act (Amendment in 2015)  2000: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) (Amendment in 2002)  2003: The Infant Milk Substitutes, Feeding Bottles and Infant Foods Regulation of Production, Supply and Distribution 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: Protection of Children from Sexual Offences Act (Amendment in 2019) Cont..
  • 21. 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 Juvenile Justice Board (JJB), Child Welfare Committee (CWC), Special Juvenile Police Unit (SJPU), (Central Adoption Resource Agency (CARA), State Child Protection Society and Committee and District Child Protection Unit and Committee) (DCPU/C etc. • Power, functions and responsibilities of all service providers • Presumption and determination of age of child • The act says about legal procedures to deal with the children in conflict with law (CiCL) and Children in need of Care and Protection (CNCP). • 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 missing children and adoption of children MAJOR CHILD PROTECTION LAWS/LEGISLATIONS IN INDIA
  • 22. 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. The recent amendments (2019) in the act increases the penal provisions between three years to life imprisonment for various offences under the law. Following are the key highlights of the Act. 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..
  • 23. 3. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 was formed to prohibit and regulate the child labour practices in India. The central legislature has made substantial changes in the provisions of the Act in the year 2016. Following are the key highlights of the Act. 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..
  • 24. 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 authorized 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..
  • 25. 5. The Prohibition of Child Marriage Act,2006 (PCMA) was enacted repealing the Child Marriage Restraint Act of 1929 in order to prohibit child marriages rather than only restraining them. This legislation is armed with enabling provisions to prohibit child marriages, protect and provide relief to victims and enhance punishment for those who abet, promote or solemnize such marriages. Key Highlights: • Child or minor under this law is defined as 18 years in the case of girls and 21 years in the case of boys. If any individual get married before the age as mentioned in the act called Child Marriage. • The act marks child marriage an offence and prescribes punishment for those conducting/ abetting/ promoting/permitting/ solemnizing child marriages. • Child marriages is a cognizable and non-bailable offence. • The Courts have the power to issue injunction for prohibiting child marriages from taking place. • The act provides powers to the State Government to appoint Child Marriage Prohibition Officers (CMPO) and makes child marriages voidable by giving choice to the children. • It gives a legal status to all children born from child marriages and makes provisions for their custody and maintenance Cont..
  • 26. GOVERNANCE AND PLANNING Ministry of Women and Child Development Ministry of Social Justice and Empowerment Ministry of Home Ministry of Labour Ministry of Health and Family Welfare Ministry of Education Department of Child Rights (Special Structure in Rajasthan state) Rajasthan is the first state to have separate & independent department to address issues related to child rights. The main aim of this department is to protect rights of children and to implement JJ Act, 2015 and POCSO Act, 2012 and other schemes related to children. Find the below link for more details. http://sje.rajasthan.gov.in/commissions/DCR/Default.aspx?PageID=1239 Children’s issues covered by several ministries at Union and State level: 5 Years Plan
  • 27. Anganwadi Services Scheme for Adolescent Girls Child Protection Services (CPS) National Crèche Scheme POSHAN Abhiyaan UMBRELLA INTEGRATED CHILD DEVELOPMENT SCHEMES (ICDS) BETI BACHAO BETI PADHAO MAJOR CHILD PROTECTION SCHEMES National Child Labour Project Scheme
  • 28. The Ministry of Women and Child Development is implementing a centrally sponsored schemes i.e ‘Child Protection Services’ (erstwhile Integrated Child Protection Schemes) under umbrella Integrated Child Development Schemes. The scheme runs by state Govt. in partnership with Civil Society Organization. Following are the objectives of the scheme. 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 CHILD PROTECTION SERVICES OF GOVT. OF INDIA
  • 29. 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 Protectio n Unit Voluntary Org. 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 Structures under Child Protection ServicesCont.. Note: Visit the website of Ministry of Women and Child development for more details about the Child Protection Services
  • 31. 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/VLCP C) • District Sponsorship and Foster care approval committee Available Services under Child Protection Services Schemes Cont..
  • 32. 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. STATUTORY SUPPORT SERVICES UNDER JJ ACT
  • 33. The Integrated Child Development Services (ICDS) is a flagship scheme of Ministry of Women and Child Development in the field of child development and child protection. The scheme is supported by central Govt. in partnership with States/UTs across the country. The objectives of the scheme is a) to improve the nutritional and health status of children in the age-group 0-6 years; b) to lay the foundation for proper psychological, physical and social development of the child; c) to reduce the incidence of mortality, morbidity, malnutrition and school dropout; d) to achieve effective co-ordination of policy and implementation amongst the various departments to promote child development; and e) to enhance the capability of the mother to look after the normal health and nutritional needs of the child through proper nutrition and health education. In order to achieve these objectives, a package of six services namely (i) supplementary nutrition (SNP), (ii) immunization, (iii) health check-up, (iv) referral services, (v) pre- school non-formal education and vi) nutrition & health education are provided. Mostly the scheme implemented by Women and Child Development department of State Governments INTEGRATED CHILD DEVELOPMENT SERVICES (ICDS)
  • 34. Government of India has introduced the Beti Bachao, Beti Padhao (BBBP) scheme for survival, protection & education of the girl child. It aims to address the issue of declining Child Sex Ratio (CSR) through a mass campaign across the country targeted at changing societal mindsets & creating awareness about the criticality of the issue. The Scheme will have focussed intervention & multi-sectoral action in 100 districts with low Child Sex Ratio. It is a joint initiative of Ministry of Women and Child Development, Ministry of Health and Family Welfare and Ministry of Human Resource Development. The Sectoral interventions under the programme include the following: I. Ministry of WCD: Promote registration of pregnancies in first trimester in Anganwadi Centres (AWCs); Undertake Training of stakeholders; Community Mobilization & Sensitization; Involvement of Gender Champions; Reward & recognition of institutions & frontline workers. II. Ministry of Health & Family Welfare: Monitor implementation of Pre-Conception and Pre-Natal Diagnostic Techniques (PCP&DT)Act, 1994; Increased institutional deliveries; Registration of births; Strengthening PNDT Cells; Setting up Monitoring Committees. III. Ministry of Human Resource Development: Universal enrolment of girls; Decreased drop-out rate; Girl Child friendly standards in schools; Strict implementation of Right to Education (RTE); Construction of Functional Toilets for girls. BETI BACHAO, BETI PADHAO SCHEME
  • 35. 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. NATIONAL CHILD LABOUR PROJECT SCHEME
  • 36. Other Schemes/Programmes that help in Child Protection: • Samagra Shiksha Abhiyaan: Samagra Shiksha - An Integrated Scheme for school education, which is an all-encompassing programme for the school education sector extending from pre-school to class XII. The scheme includes the three erstwhile centrally sponsored schemes i.e. Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and Teacher Education(TE). The scheme reaches out to girls and children belonging to Scheduled Caste (SC), Scheduled Tribe (ST), minority communities and transgender, urban deprived children, children affected by periodic migration and children living in remote and scattered habitations. • National Crèche Scheme: National Crèche Scheme (erstwhile Rajiv Gandhi National Crèche Scheme is being implemented as a Centrally Sponsored Scheme through States/UTs with effect from 01.01.2017 to provide day care facilities to children (age group of 6 months to 6 years) of working mothers in the community.). Creche facilities are also provided under the Beedi& Cigar Worker (Conditions of Employment) Act,1966. OTHER CHILD PROTECTION SCHEMES AND PROGRAMMES Source: https://pib.gov.in/
  • 37. • Mid-day Meal scheme: The Mid-day Meal Scheme is a school meal programme designed to better the nutritional standing of school-age children nationwide. • Balika Samridhi Yojana: The objective of the scheme is improvising the enrolment of as well as retention of the girl child in the school, Changing the negative attitude of the family and community towards the birth of the girl child and assisting the girls in undertaking activities that can generate income. • Nutritional Programme for Adolescent Girls (NPAD) : The objective of the scheme to empower adolescent girls (11-18 years) through nutrition, health care and life skill education. • Central Adoption Research Agency (CARA): For legal adoption of children. • UJJAWALA: A Comprehensive Scheme for Prevention of trafficking and Resue, Rehabilitation and Re-integration of Victims of Trafficking and Commercial Sexual Exploitation Cont..
  • 38. National Commission for Protection of Child Rights (NCPCR): 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 CHILD PROTECTION MONITORING MECHANISM
  • 39. State Child Protection Committee: State Child protection Committee is a mentoring body of State Child Protection Society under CPS. This committee supervise the activities of the society and recommended best for effective implementation of ICPS and JJ Act. The State Principal Secretary/Secretary, Women and Child Development is the chairperson of the committee include members from the concerned government departments like health, education, labour, housing, judiciary, home, railways and members of the local bodies like PRIs, ULBs, voluntary organizations and members of the civil society. The SCPC monitor the implementation of CPS on the basis of the state specific indicators. Apart that the committee also address the grievances pertaining to implementation of CPS and JJ Act. District Child Protection Committee: District Child Protection Committee is the district level implementation and monitoring committee of CPS under the under the Chairpersonship and Co-Chairpersonship of the Chairperson Zila Parishad and District Magistrate respectively. The committee have other members from concerned district departments such as education, labour, police, NGOs etc. Cont..
  • 40. Block Level Child Protection Committee: Every Block (ward in a city) shall have a Child Protection Committee under the Chairpersonship of the block/ward level elected representative (Head of the Block Committee) with the Block Development Officers (BDOs) as the Member Secretary to suggest and monitor the implementation of child protection services at block level. The committee could include a member of the DCPU, one ICDS functionary, representatives of education and health departments, Chairpersons of the Village Level Child Protection Committees as well as respected community members and civil society representatives. Village Level Child protection Committee (VLCPC): Every village shall have a Child Protection Committee under the Chairpersonship of the village level elected representative (Head of the Gram Panchayat) to recommend and monitor the implementation of child protection services at the village level. The committee also address the grievance related to child rights in the village. The committee is included two child representatives, a member of DCPU, Anganwadi worker, school teachers, ANM, as well as respected village members and civil society representatives. The committee may have meeting once in a month. There is no such specific function has been mentioned in the ICPS but following functions are based on guideline prepared by Govt. of Punjab which seem appropriate. Cont..
  • 41. • Child at the centre: The guiding principle is suggestive of keeping children and children’s issue central to any and all actions taken. • Best Interest of the Child: This principle lays down that one must act in the best interest of children. • Child Friendly: The staff must adopt a child friendly behavior when in contact with the children • Gender Sensitive: The principle lays down that the staff must be gender sensitive and treat both girls and boys similarly. • Practice non-discrimination: Children who come in the child care institutions belong to diverse backgrounds • Empathy and Sympathy: The principle lays down that the staff must empathize and sympathize with a child who comes in contact with them. • Accountability: The principle of accountability lays down that every individual staff who come in contact with the children must take accountability of any action taken for the child. • Diversion and restorative justice: We should employ a restorative justice approach which offers guidance and opportunities to further a child’s moral development and encourages them to take responsibility for their actions. KEY PRINCIPLES OF WORKING WITH CHILDREN
  • 42. CHECK YOUR PROGRESS Q-1 Match the conventions with date of accession/ratification by India a) (ICERD), 1965 1. on 11th December 1992 b) (ICCPR), 1966 2. 10th April 1979 c) (CRPD), 2006 3. 3rd December 1968 d) (CRC), 1989 4. 1st October 2007 A) a1,b3,c2,d4 B) a2,b1,c4,d3 C) a3,b2,c4,d1 D) a4,b3,c1,d2 Q-2 Which one of the following article of Indian constitution prohibited child labour? a) Article 14 b) Article 21(A) c) Article 24 d) Article 39 (e) Q-3 Which one of the following legislation deal with legal adoption procedures of a child ? a) Orphanages and other Charitable Homes (Supervision and Control) Act 1960 b) Juvenile Justice (Care and Protection of Children) Act 2015. c) Prohibition of Child Marriage Act 2006 d) Information and Technology Act 2000
  • 43. CHECK YOUR PROGRESS Q-4 Non-Institutional services for children includes: a) Foster Care b) Sponsorship c) Adoption d) All the above Q-5 Which one of the following is not the correct matching? • DCPC – Chair by Zila Parishad • UJJAWALA – Child Labour Programme • Article 14 – Provision of Right to equality • NCPCR – Monitoring of Child Rights