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  1. 1. Mission Justice 1942 - began a movement for liberation of India by way of QUIT INDIA MOVEMENT. Years of fight and sacrifice pave way for freedom. 1947 - 35 Crore Indians tasted freedom. 2010 - MISSION JUSTICE, a Peoples movement, launches a movement for freedom of almost 50 crore Indian Children, based on same Ahimsa and the same agenda for Independence. ARE YOU FOR THIS FREEDOM? 1
  2. 2. Mission Justice by Mission Justice (A movement inspired on QUIT INDIA MOVEMENT) November, 2010 Serial No. 0002 2
  3. 3. Mission Justice Disclaimer All the matter is these slides has been compiled from various newspapers, news-clippings, Websites, Blogs and case laws. We are not responsible in any error at the source document. If the matter, as reported in source document, has any errors, we take no responsibility for the same. This presentation is almost replica of the matter, as reported in source document. We have not found any challenge to the source documents. Thus, we consider the contents as reliable and true. The slide show is backed by a collection of news clippings and other sources. These can be inspected by any interested party with due notice OR we will be publishing all the clippings in a pdf file format, in due course, to have full transparency. 3
  4. 4. Mission Justice WE DEMAND THE RIGHTS 4
  5. 5. Mission Justice Preamble Why are we concerned?  40% of India's population is below the age of 18 years which at approx. 480 million is the world's largest child population.  Less than half of India's children between the age 6 and 14 go to school.  One in every thirty (3%) children is disabled in India.  74% of India's children below the age of 3 months and 78.9% of 6 to 35 months are anemic.  More that 50% of India's children are malnourished. 5
  6. 6. Mission Justice Preamble  While one in every five (20%) adolescent boys is malnourished, one in every two (50%) girls in India is undernourished.  58% of India's children below the age of 2 years are not fully vaccinated. And 24% of these children do not receive any form of vaccination.  There are issues like child labour, child begging, disability of children, improper care, neglect of children, child alienation, child sexual exploitation and many more issues. None feature in any election manifesto as this issue is purely service based and has no election or commercial value. This 40 % population is neglected by the Government.  If rights continue to be violated, then just imagine if only a fraction of this 48 crore population revolt against society, to pick up arms, then we will have the world’s biggest terrorism and maoism hub, bigger than even Afghan-Pak group and progress and growth, by even 20% p.a. over 20 years from now, can be destroyed overnight. 6
  7. 7. Mission Justice Preamble  “Convention on the Rights of the Child (CRC)”  UN General Body adopted “Convention on the Rights of the Child” vide resolution no A/RES/44/25 on 20 Nov 1989.  Indian endorsed/ratified this convention on 11 November , 1992.  The convention relied on various previous conventions on Human Rights, dignity and worth of human person.  Recognize – Child should be fully prepared to like an individual life in society. And brought up in spirit of peace, dignity, tolerance, freedom, equality and solidarity.  Child due to physical and mental immaturity needs special safeguards, care, appropriate legal protection, both before and after birth.  Below discussed are some of the articles of the convention and its importance in India. 7
  8. 8. Mission Justice INTERNATIONAL CHARTER  As per the child rights charter, Article 1, a universal definition of "child" includes all persons under the age of 18. In India, various laws define various age limits for child. eg. For Child Labour the age is fixed as 14 years. This is a serious lacuna. Moreover, in India Rights flow from different Acts and there is no single FAMILY PROTECTION AND WELFARE ACT. 8
  9. 9. Mission Justice INTERNATIONAL CHARTER Many of the rights are not given any weightage in Courts of law and Courts do not have time to evaluate these Rights and neglect it. Many Rights guaranteed under the International Convention do not find any place directly in any Law even after almost 2 decades of ratification by the state. This Voiceless Population of almost 40% thus suffers at the hands of each and every part of democracy. 9
  10. 10. Mission Justice  Education forms the essence of a Human personality and gives a person a right thought process. From Ancient Indian system of Gurukul to the Modern era of International Schools, education occupies one of the top priority in Child life.  In India, only 53% of habitation have a primary school and only 20% of habitation have a secondary school.  Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for girls. 10 Education
  11. 11. Mission Justice Education  The number of teachers for classes and the quality is a big concern. 50% of Indian children aged 6-18 do not go to school.  In Urban India and more especially the Metro cities, there is a growing tendencies of School Mafia. The education fees and other activities costs are so high that a common man finds it difficult to afford education for his children. Facing needs of children and competition among peers makes the life of a common man miserable. 11
  12. 12. Mission Justice Education  Article 28 of Convention guarantees primary education compulsory and available free to all.  Further it binds encouragement and development of different forms of secondary education, both general and vocational education, available and accessible to every child, and provide appropriate measures such as the introduction of free education and offering financial assistance in case of need; discourage dropouts and make higher education accessible to all on the basis of capacity by every appropriate means; 12
  13. 13. Mission Justice Education  Nation is bound to take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention and education is directed towards development of the child's personality, talents and mental and physical abilities to their fullest potential; and development of cultural identity and values and for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; 13
  14. 14. Mission Justice Education  The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin the development of respect for the natural environment. Compare this with the data given in this slide show. Has the state implemented the charter or has just conveniently avoided the rights of the Voiceless and is in violation of the theory of Welfare state. 14
  15. 15. Mission Justice Child Labour AND Child beggar  Children are often treated as the "property" of the very adults who are supposed to care for them; they are ordered around, threatened, coerced, silenced, with complete disregard of them as "persons" with rights and freedoms. No punishment exists for this crime.  17 million children in India work as per official estimates. Unofficial we put it as 40 million. There are many Chotu, Ramu, Bhola, Thambi around.  Children were sent to work by compulsion and not by choice. 15
  16. 16. Mission Justice Child Labour AND Child beggar  25% of the victims of commercial sexual exploitation in India are below 18 years of age.  Millions of children work to help their families because either the adults do not have appropriate employment and income or they do not have access to good quality schools. thus forfeiting schooling and opportunities to play and rest. Poor and bonded families often "sell" their children to contractors who promise lucrative jobs and the children end up being employed in brothels, hotels, domestic work and streets. 16
  17. 17. Mission Justice Child Labour AND Child beggar  All children have the right to be protected from work that interferes with their normal growth and development. Abandoned children, children without families and disabled children need special care and protection. However, we see them daily with ignorance.  Article 32 of the Charter recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. 17
  18. 18. Mission Justice Child commercial sex workers  There are approximately 2 million child commercial sex workers between the age of 5 and 15 years and about 3.3 million between 15 and 18 years.  They form 40% of the total population of commercial sex workers in India.  80% of these are found in the 5 metros.  71% of them are illiterate.  500,000 children are forced into this trade every year. We give ignored eye as they are not our children. Think and replace your child in place and see how you boil. 18
  19. 19. Mission Justice Child commercial sex workers  Article 34 provides for protection of children from all forms of sexual exploitation and sexual abuse.  The state is bound to stop the inducement or coercion of a child to engage in any unlawful sexual activity; the exploitative use of children in prostitution or other unlawful sexual practices; and the exploitative use of children in pornographic performances and materials. However, 5 lakh children a year are taken to field of prostitution and 40% of the commercial sex workers are children. The Government has ignored them. 19
  20. 20. Mission Justice Mentally/ physically challenged children  3% of India's children are mentally/physically challenged.  40 out of every 1000 rural children are mentally/physically challenged, compared to 26 out of every 1000 urban children.  Mentally/physically challenged girls are at a particular risk to violence and abuse.  One in every thirty children is disabled in India. 20
  21. 21. Mission Justice 21  Article 23 of the Charter recognizes that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community and the Nation must provide free of charge education, training, health care, rehabilitation facilities, preparation for employment, and recreational opportunities for the development of the child to the fullest. Mentally/ physically challenged children
  22. 22. Mission Justice 22 Child Discrimination  Article 2 of the Charter provides for non discrimination of the children irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.  Thus, we talked of Common Child code. But fact is we discriminate legitimate and illegitimate child on account of birth, rights of succession on account of religion and all possible ways.
  23. 23. Mission Justice Child Alienation  Article 8 of the Charter provides right of the Child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference and where a child is illegally deprived of some or all of the elements of his or her identity, State shall provide appropriate assistance and protection, with a view to re- establishing speedily his or her identity. 23
  24. 24. Mission Justice Child Alienation  Article 9 provides for respect of the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.  Article 16 provides that No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation. 24
  25. 25. Mission Justice  Today a child suffers the most when he is alienated from his father and extended family like grand parents on account of biased laws.  Today a child is deprived of his own identity, extended family and the views of the parents prevail.  In Divorce petitions when Consent Terms are filed, it is the view of the parents which prevail and custody is transferred as if it is a custody of some property. The best interest of the Child is not looked into by even the Court, which endorses the Consent Terms as decree of Court. No Parent has a right to transfer responsibility of child to other. 25 Child Alienation
  26. 26. Mission Justice Child Alienation  The child has a right to know both his parents and extended family.  The Child has a Right to have the upbringing from both parents, if possible and if not atleast from the parent who can provide the best upbringing.  The Court of Law is duty bound and has the rare privilege of protecting the Rights of the Child and must look into all these angels before endorsing the Consent Terms with regard to Child access and custody. The Consent Terms are void with regard to Child Rights and Custody if welfare is not looked into. 26
  27. 27. Mission Justice Legislation on charter  Article 4 provides that all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention shall be taken. With regard to economic, social and cultural rights, the Nation shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.  The Nation has passed an enactment after 13 years of the charter called COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005 27
  28. 28. Mission Justice Legislation on charter  The Articles have not been converted into legislation and only a show piece type of an enactment has been passed, probably to show the United Nations of Compliance.  A Commission is setup to examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation. Thus the Articles are unimplemented and a recommending body is setup. 28
  29. 29. Mission Justice Conclusion  Apart from this the charter provides responsibility on the state to provide good health service, proper drinking water, day care services if both parents are working, adoption rules, juvenile rule and many more.  If implemented in form of a single Act and with merger of Family law and inheritance law in form of “FAMILY PROTECTION AN MAINTAINANCE ACT”, it can benefit nearly 10 crore children directly or indirectly. 29
  30. 30. Mission Justice Conclusion  In the enactment “Commission for Protection of Child Rights” section 25 provides for constitution of Children’s Court. However, there is lack of awareness about existence of such Courts and provisions thereof.  Further, though the Charter is complete by itself, it’s a wonder why we need so many acts like Juvenile Act, Act relating to child labour and why not have a single act and single Court for Children and Family.  One fact is clear that this voiceless class which doesn’t have votes and doesn’t know its rights is ignored and future of Nation is bleak 30
  31. 31. Mission Justice What do we want?  Demand that all the Articles of the Charter be put in form of an enactment.  A single legislation be passed covering all Rights of Children and Family members and be administered in one single Court.  We demand that the Child who’s Rights are violated must be empowered through any person to seek not only redressal of his grievances but also punishment to the violator of his Rights. 31
  32. 32. Mission Justice Some Quotes  Child labor and poverty are inevitably bound together and if you continue to use the labor of children as the treatment for the social disease of poverty, you will have both poverty and child labor to the end of time. -- Grace Abbott  In the past, children were all too often viewed more as property than people. Many victories for children's rights have been won in the last 100 years, such as child labor laws, protecting children from having to work long hours in unsafe conditions; public education, allowing all children to have access to learning; and laws preventing child abuse. But there is still much to do in protecting children's rights around the world. -- Robert Alan 32
  33. 33. Mission Justice 33 "Children do not constitute anyone's property: they are neither the property of their parents nor even of society. They belong only to their own future freedom." -- Mikhail Bakunin I can’t think of any issue that is more important than working to see that no schoolchild in this world goes hungry. -- Drew Barrymore Feeding a child at school is such a simple thing – but it works miracles. -- Drew Barrymore Some Quotes
  34. 34. Mission Justice 34 Some Quotes  There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace." -- Kofi Annan  These children and their parents know that getting an education is not only their right, but a passport to a better future - for the children and for the country. -- Harry Belafonte  "...in serving the best interests of children, we serve the best interests of all humanity.“ -- Carol Bellamy
  35. 35. Mission Justice 35 Some Quotes "Creating a world that is truly fit for children does not imply simply the absence of war. It means having the confidence that our children would not die of measles or malaria. It means having access to clean water and proper sanitation. It means having primary schools nearby that educate children, free of charge. It means changing the world with children, ensuring their right to participate, and that their views are heard and considered. It means building a world fit for children, where every child can grow to adulthood in health, peace and dignity.“ -- Carol Bellamy
  36. 36. Mission Justice 36 Some Quotes "The economic benefits of investing in children have been extensively documented. Investing fully in children today will ensure the well-being and productivity of future generations for decades to come. By contrast, the physical, emotional and intellectual impairment that poverty inflicts on children can mean a lifetime of suffering and want – and a legacy of poverty for the next generation… " -- Carol Bellamy “…Together let us build the global alliance to realize that goal, secure in the knowledge that in serving the best interests of children, we serve the best interests of all humanity. -- Carol Bellamy
  37. 37. Mission Justice 37 Some Quotes If we are ever to have real peace in this world we shall have to begin with the children. -- Mohandas K. Gandhi "Children are a quality of life ... when our children are happy, then we are better as human beings.“ -- Whoopi Goldberg "I believe deeply that children are more powerful than oil, more beautiful than rivers, more precious than any other natural resource a country can have. I feel that the most rewarding thing I have ever done in my life is to be associated with UNICEF.“ -- Danny Kaye
  38. 38. Mission Justice 38 Some Quotes The greatest truth must be recognition that in every man, in every child is the potential for greatness. -- Robert F. Kennedy "I won't give up until the exploitation of all children has ended and all children have their rights.“ -- Craig Kielburger There can be no better measure of our governance than the way we treat our children, and no greater failing on our part than to allow them to be subjected to violence, abuse or exploitation. -- Jessica Lange Unless we teach children peace, someone else will teach them violence. -- Colman McCarthy Within the child lies the fate of the future. -– Maria Montessori
  39. 39. Mission Justice 39 FINAL MESSAGE  When injustice is done, the victim experiences pain. An adult person can complaint, can move Court and can protest. However, the Child is one human who is the Nations tomorrow, tomorrow’s voice, but today is voiceless as he/she neither knows what he/she is entitled to and does now what is best for him/her. He/She does not know how to get remedy for pain except to weep and be unheard. His/her silent cry today may wound him/her so much that he/she may forget what is pain and what is a cry and that’s when the moral duty towards humanity is lost and arms land him hands only to gun down your future, your child, whom you have given all rights and ignored the rights of others.
  40. 40. Mission Justice In Public Domain  This presentation is made by MISSION JUSTICE (MJ) in public interest, for public education and awareness creation only.  All the material has been taken from news- papers, Websites and other media in the last few years or so. All this material is published and available in public domain.  MJ puts this presentation PUBLIC DOMAIN.  Any one can use it in the same condition, without any tempering, for general good and public education. 40
  41. 41. Mission Justice HOW TO SUPPORT THIS CAUSE  In case you wish to support this movement you can do the following : 1. Spread this slide show and generate more support 2. Print the letter from the blog http://themissionjustice.blogspot.com and send it to authorities expressing support. 3. Generate support by undertaking signature campaign from 14.11.2010 till 30.11.2010 and send it to MISSION JUSTICE c/o, Rajkumar Murarka 2/4, 1st cross, Old hanuman lane, 3rd Floor, Mumbai – 400 002. 41
  42. 42. Mission Justice About Mission Justice  MISSION JUSTICE (MJ) is a MISSION of a group of individuals committed to Justice to all.  Based in Mumbai with foot prints all over India.  Can visit the blog - http://themissionjustice.blogspot.com/ to make comments or Email us on: missionjustice@ymail.com  All interested are invited to join this MISSION to Justice to create a better world for our children. The Mission Justice is inspired by “QUIT INDIA MOVEMENT”. Please email us your response. 42
  43. 43. Mission Justice Mission Justice THANKS This show has been prepared by the Convener – Shri Siddharth Murarka, Advocate High Court and Joint Convener Shri Rakesh Goyal 43