Beruflich Dokumente
Kultur Dokumente
PROJECT WORK ON
WELFARE OF CHILDREN: PRESENT STATUS
ROLL NO.-1960
SEMESTER- 1st
WELFARE OF CHILDREN: PRESENT STAUS
Content Page
2 REVIEW OF LITERATURE 11
3. RESEARCH QUESTIONS 11
4. HYPOTHESIS 11
5. LIMITATION 11
CHAPTERIZATION
1. INTRODUCTION
2. GLOBALISATION AND CHILD LABOUR
3. RIGHTS ACCORDED TO CHILDREN UNDER
INDIAN CONSTITUTION
6. 4. FACTORS CONTRIBUTING TO CHILD 14- 48
LABOUR
5. MECHANISMS FOR PROTECTION OF CHILD
RIGHTS IN PRESENT PERIOD
6. FIELD WORK AND DATA ANALYSIS
7. CONCLUSION AND SUGGESTIONS
BIBLIOGRAPHY 49
WELFARE OF CHILDREN: PRESENT STATUS
1. INTRODUCTION
“Let us sacrifice our today so that our children can have a better tomorrow”1
A. P. J. Abdul Kalam
“If we are to attain real peace in this world, and if we are to carry on a war against war, we
will have to begin with the children”2
Mahatma Gandhi
Child labor Is an integral part of labour force, especially in poor countries. these children are
the most deprived section of population forced to enter labour market at tender age to earn a
pittance or to contribute to family work, sacrificing personal development. Poverty coupled
with rapidly growing population, ignorance and increasing dependency load are behind the
grim incidence of children employment in the villages and towns of developing countries.
The exploitive structure, lopsided development, iniquitous resource ownership with its co
relation of large scale unemployment and abject poverty have contributed towards increasing
child labor among cities.1
This notion evolved a lot through centuries and cultures to finally designate human being
from birth until adulthood. But this conception of the child was wide and the age of the
majority varied from a culture to an another.
The Convention on the Rights of the Child of 1989 defines more precisely the term
“child”:
“a child is any human being below the age of eighteen years, unless under the law
applicable to the child, majority is attained earlier”
So, the child has to be the object of a particular interest and a specific protection. In this
perspective, texts proclaiming the protection of the child and his rights were adopted.
Children’s rights were recognized after the 1st World war, with the adoption of the
Declaration of Geneva, in 1924. The process of recognition of children’s rights continued
with the effort of UN, with the adoption of the Declaration of children’s rights in 1959.
1
.There are still many Children in the world who are so poor that they often don’t have enough to eat each
day and suffer from hunger. There are more than 1 billion in the world who live on less than Rs.30 a day.
1
Quotes on children, https://www.brainyquote.com/quotes/keywords/children.html (24th
septemper,2018;07:00pm)
2
Importance of children,http://www.zona-pellucida.com/importance.html( 24th september,2018;07:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
The recognition of the child’s interest and his rights becomes real on 20 November 1989 with
the adoption of the International Convention on the Rights of the Child which is the first
international legally binding text recognizing all the fundamental rights of the child.
Socially and physically children are the weakest element of the society. They are not
responsible for many of the cases and do not deserve to suffer. They have no say in any of the
matters of evils like war or external debt. It has been rightly stated in the 1924 declaration of
rights of the child (declaration of Geneva) that has now been used for all child causes
“mankind owes to the chills the best it has to give”. Children are the future.
Children’s rights are human rights. They protect the child as a human being. As human
rights, children’s rights are constituted by fundamental guarantees and essential human rights:
It recognizes fundamental guarantees to all human beings: the right to life, the non-
discrimination principle, the right to dignity through the protection of physical and mental
integrity (protection against slavery, torture and bad treatments, etc.)
Children’s rights are civil and political rights, such as the right to identity, the right to a
nationality, etc.
Children’s rights are economic, social and cultural rights, such as the right to education, the
right to a decent standard of living, the right to health, etc.
Children’s rights include individual rights: right to live with his parents, the right to
education, the right to benefit from a protection, etc.
Children’s rights include collective rights: rights of refugee and disabled children, of minority
children or from autochthonous groups.3
Children’s rights are human rights specifically adapted to the child because they take into
account his fragility, specificities and age-appropriate needs.
Children’s rights take into account the necessity of development of the child. The children
thus have the right to live and to develop suitably physically and intellectually.
3
Child rights, http://www.amnestyusa.org/our-work/issues/children-s-rights(24thSeptember,2018;07:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
It plan to satisfy the essential needs for a good development of the child, such as the access to
an appropriate alimentation, to necessary care, to education, etc.
Children’s rights consider the vulnerable character of the child. They imply the necessity to
protect them. It means to grant a particular assistance to them, and to give a protection
adapted to their age and to their degree of maturity.
So, the children have to be helped and supported and must be protected against labour
exploitation, kidnapping, and ill-treatment, etc.4
The UN Convention on the Rights of the Child is the most widely ratified convention in
history. The Convention sets out the rights of children, aged 0 to 18 years, and the
responsibilities of governments to fulfil those rights. Child rights are based on what a child
needs to survive, grow, participate and fulfil their potential. It apply equally to every child,
regardless of ethnicity, gender or religion.
The UN Convention on the Rights of the Child is guided by four fundamental principles
2. The best interests of the child - laws and actions affecting children should put
their interests first and benefit them in the best possible way.
4. Participation- children have a right to have their say in decisions that affect them
and to have their opinions taken into account.5
Children's rights are about treating children with the equality, respect and dignity to which
they are entitled, not because they are the “adults of tomorrow”, but because they are human
beings today. Rights are not pieces of property which can be exchanged. If a child has a right,
a right is not automatically removed from someone else. Governments have a responsibility
4
Rights of children,http://www.humanium.org/en/child-rights/ html (24thseptember,2018;07:30pm)
5
UN Convention on the Rights of the Child, https://www.unicef.org.nz/learn/our-focus-areas/child-rights html(
24thSeptember,2018;07:30pm)
WELFARE OF CHILDREN: PRESENT STATUS
to take all available measures to make sure children’s rights are respected, protected and
fulfilled.
Children face particular exclusions and discrimination against which they have a right to full
protection. The fact that children are not adults, and the low social status afforded to them in
most societies, means they may receive unfair treatment, or be left out of decision-making.
For example, in almost every country children under 18 are denied political power
because they cannot vote, and most countries allow parents to hit their children, even
though they would be prosecuted for assault if they hit another adult. Children's status
in society, among other factors, also means they are more vulnerable to sexual abuse
and other forms of violence and exploitation. There are therefore a number of rights in
the Convention on the Rights of the Child (CRC) which apply especially to children.
Rights are what you should have or be able to do to have the best start in life. These rights are
listed in the UN Convention on the Rights of the Child. All rights are equally important and
are connected to each other. You are born with these rights, and no one can take them away.
Many adults are responsible to help protect your rights and do what is best for you. As you
grow, you have more responsibility to make choices and exercise your rights.
Everyone under 18 has these rights. All children have these rights, no matter who they are,
where they live, what their parents do, what language they speak, what their religion is,
whether they are a boy or girl, what their culture is, whether they have a disability, whether
they are rich or poor. No child should be treated unfairly on any basis.
CHILD IN INDIA
Defining what age a person is or ceases to be a child is a constant debate in the India.
The Census of India considers children to be any person below the age of 14, as do most
government programmes. Biologically childhood is the stage between infancy and
adulthood. According to the UNCRC 'a child means every human being below the age
of eighteen years unless, under the law applicable to the child, majority is attained
earlier'. This definition of child allows for individual countries to determine according to the
own discretion the age limits of a child in their own laws.6
6
UNCRC, http://www.savethechildren.org.uk/about-us/what-we-do/child-rights/un-convention-on-the-rights-
of-the-child html (24thSeptember,2018;07:30pm)
WELFARE OF CHILDREN: PRESENT STATUS
But in India various laws related to children define children in different age limits.
The Indian Penal Code (IPC) 1860 finds that no child below the age of seven may be
held criminally responsible for an action (Sec 82 IPC).
According to Article 21 (a) of the Indian Constitution all children between the ages of six to
fourteen should be provided with free and compulsory education. Article 45 states that the
state should provide early childhood care and education to all children below the age of six.
Lastly Article 51(k) states the parents/guardians of the children between the ages of six and
fourteen should provide them with opportunities for education.
The Child Labour (Prohibition and Regulation) Act, 1986 defines a child as a person who
has not completed fourteen years of age.7
The Factories Act, 1948 and Plantation Labour Act 1951 states that a child is one that has
not completed fifteen years of age and an adolescent is one who has completed fifteen years
of age but has not completed eighteen years of age.
According to the Factories Act adolescents are allowed to work in factories as long as they
are deemed medically fit but may not for more than four and half hours a day.
The Motor Transport Workers Act 1961, and The Beedi And Cigar Workers
(Conditions Of Employment) Act 1966, both define a child as a person who has not
completed fourteen years of age.
The Merchant Shipping Act 1958 and Apprentices Act 1961 don't define a child, but in
provisions of the act state that a child below fourteen is not permitted to work in occupations
of the act.
7
Child Labour Act, 1986, http://www.childlineindia.org.in/child-labour-prohibition-and-regulation-act-
1986.htm(24thseptember ,2018 ; 10:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
The Mines Act, 1952 is the only labour related act that defines adult as person who has
completed eighteen years of age (hence a child is a person who has not completed eighteen
years of age).
The Prohibition of Child Marriage Act, 2006 states that a male has not reached majority
until he is twenty-one years of age and a female has not reached majority until she is eighteen
years of age.8
The Indian Majority Act, 1875 was enacted to create a blanket definition of a minor for
such acts as the Guardians and Wards Act of 1890.9
Under the Indian Majority Act, 1875 a person has not attainted majority until he or she is of
eighteen years of age. This definition of a minor also stands for both the Hindu Minority and
Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956. Muslim,
Christian and Zoroastrian personal law also upholds eighteen as the age of majority. The first
Juvenile Justice Act, 1986 defined a boy child as below sixteen years of age and a girl child
as below eighteen years of age. The Juvenile Justice (Care and Protection of Children) Act,
2000 has changed the definition of child to any person who has not completed eighteen years
of age.
8
Child marriage act,
https://www.hsph.harvard.edu/population/trafficking/india.childmar.07.pdf(24thSeptember2018 ;
10:30pm)
9
Indian Majority Act 1875 ,http://www.lexology.com/library/detail.aspx?g=0b7ad5fc-61bc-49f7-a382-
ee6e2588f6d51(24thSeptember,2018 ; 11:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
I hereby declare that the work reported in the B.A. LL.B (Hons.) Project Report
entitle“CHILD RIGHTS :PRESENT SCENARIO ”submitted at Chanakya
National Law University, Patna is an authentic record of my work carried out under the
supervision of DR SANGEET KUMAR. I have not submitted this work elsewhere for any other
degree or diploma. I am fully responsible for the contents of my Project Report.
ACKNOWLEDGEMENT
Any project completed or done in isolation is unthinkable. This project, although prepared by
me, is a culmination of efforts of a lot of people. Firstly, I would like to thank DR SANGEET
KUMAR for helping me in making the project on
Further to that, I would also like to express my gratitude towards our seniors who did a lot of
help for the completion of this project. The contributions made by my classmates and friends
are, definitely, worth mentioning.
I would like to express my gratitude towards the library staff for their help also. I would also
like to thank the persons asked for help by me without whose support this project would not
have been completed.
I would like to express my gratitude towards the Almighty for obvious reasons. Moreover,
thanks to all those who helped me in any way be it words, presence
Encouragement or blessings...
-RAJU PATEL
1st semester
WELFARE OF CHILDREN: PRESENT STATUS
REVIEW OF LITERATURE
The researcher has examined the primary and secondary sources of data in the project. The
primary sources are field work, Constitution of India, legal provisions, case laws and field
work. The secondary sources are books, journals, magazines, newspaper etc.
RESEARCH QUESTIONS
The study has answer of following research question:
HYPOTHESIS
The researcher presumes that the:
The present research is confined to a time limit of three weeks. The research contain both
doctrinal and non - doctrinal works at Patna. The researcher had talked with five people
related to welfare of children in present scenario.
WELFARE OF CHILDREN: PRESENT STATUS
SAMPLING TECHNIQUE
Researcher have used purposive and convenient method of sampling due to paucity of time
and various limitations of research.
RESEARCH METHODOLOGY
AREA OF RESEARCH
Patna city
SOURCES OF DATA
PRIMARY SOURCES
1. Constitution of India
2. Legislative Provisions
3. Case laws
4. Field work
SECONDARY SOURCES
• Books
• Newspaper
• Websites
• Journals
• Magazines
TOOLS OF DATA COLLECTION
1. Diary
2. Notepad
3. Sound recorder
4. Camera
5. Interview schedule
6. Observation guide
WELFARE OF CHILDREN: PRESENT STATUS
PILOT SURVEY
Researcher have successfully conducted a pilot survey on a small sample from the target
group before opting for the non-doctrinal mode of research or going for a field study and
found it very useful and helping in due course of research. In this the Researcher pre-tested
his prepared questionnaire among people and took their interview in a more informal way.
The researcher has conducted field work after correcting these questions.
WELFARE OF CHILDREN: PRESENT STATUS
2. GLOBALISATION AND CHILD LABOUR
The increase in demand and supply of goods is the result of globalization and increasing
intensity of export-led growth of developing countries. However, at the same time,
unemployment, joblessness, loss of livelihood and loss of safety nets etc. have also taken
place in most of the countries. This loss of livelihood has diversely affected the societies,
especially rural area. As a result a huge quantity of people push towards urban areas for
search of employment. In such a situation, children accompany their parents to work along
with them, or they remain at home to work on fields in villages. Sometimes, they are sent off
to work on their own at different enterprises. Child labor has become a lifeline for enterprise
as they are cheap. Appropriation of land by private developers pushes rural people away from
their occupations. In this situation both adults and children work for meagre remunerations.
The wages these landless workers get consumed fast for meeting their basic needs or their
access to traditional resources which are already taken away.2
Though, globalization increases the employment and income opportunities for poor
households in developing countries. These opportunities would be unevenly disturbed and un
uniformly presented. Nowadays, globalization has also increased the possibilities of
interference by rich countries in the internal policies of the developing nations to serve the
interest of already developed states. The contemporary societies and economies of various
nations are becoming are becoming more unified due to “reduced costs of transport, lower
trade barriers, faster communication of ideas, rising capital flows and the intensifying
pressure for migration”. There is no doubt that a number of such integration has generated
employment opportunities, but but at the same time, it has led to anxieties relating relating to
inequality in income, shifting nature of development process and the rising trade deficit.
The rise of economies activities has affected the child labor. The large scale manufacturing
export industries in south and east Asian countries have backward linkages such as
subcontract labor –intensive process of production to nation where child labor. However,
globalization increases a country’s exposure to foreign competition which leads to closure of
inefficient enterprise. In order to sustain market holdings, the enterprises are forced to keep
their costs low and for which they hire children for work at low cost. Being vulnerable,
children carry out unlawful commands given by their employees despite being abused and
exploited.
2
.(kaki and pati,2012)
WELFARE OF CHILDREN: PRESENT STATUS
2) RIGHTS ACCORDED TO CHILD UNDER INDIAN
CONSTITUTION
Children on account of their tender age and immature mind need special care and protection.
They have certain special rights and legal entitlements that are being acknowledged
nationally and internationally. The Constitution of India recognized the rights of children
for the first time and included several articles dealing with their liberty, livelihood, and
development of childhood, non-discrimination in educational spheres, compulsory and free
education and prohibition of their employment in factories, mines and hazardous industries.
RIGHT TO EDUCATION
Article 21-A of the constitution states that “right to education-the state shall provide free and
compulsory education to all children of the age of six to fourteen years in such a manner as
the state may, by law determine.”
The Supreme Court in its liberal interpretation of life and liberty as under Article 21 held that
the term liberty not only includes liberty but also includes livelihood but also the right of
human beings to live with dignity and that also includes the right to education, and therefore,
right to education is a fundamental right under the constitution.
The case of Mohini Jain case came to be fortified by the supreme courts subsequent
constitution bench of Unnikrishnan’s case, which held that right to education can be
restricted to primary educational level and not to higher secondary level.
Article 45 Provision for early childhood care and education to children below the age of six
years-
The State shall endeavor to provide early childhood care and education for all children until
they complete the age of six years.10
This article has been substituted by the Constitution (eighty-sixth amendment) act, 2002
which received assent of the President on Dec. 12 2002. By this amendment a new Article
21-A providing for right to education has also been inserted. This is in keeping with the hope
expressed in the Supreme Court in Unnikrishnan and Mohini Jain that conversion of the
State’s obligation under Article 45 into a fundamental right would help achieve the goal at a
10
Cases related to education of children,https://indiankanoon.org/doc/1791268/(24th September,2018 ;
09:00am)
WELFARE OF CHILDREN: PRESENT STATUS
faster speed. This is now also a fundamental duty of parents and guardians to educate such
children as provided in clause (k) of Article 51-A.
Article 45 states the “provision for free and compulsory education for children- the State shall
endeavor to provide, within a period of ten years from the commencement of the
Constitution, for free and compulsory education for all children until they complete the age of
fourteen years”.
However this goal has not been achieved even after fifty years of the commencement of the
Constitution. It was held that there was nothing to prevent the State from discharging that
solemn obligation through the government and aided the schools, and Article 45 does not
require the obligation to be discharged at the expense of minority communities.
Article 23 states that “prohibition of traffic in human beings and forced labor.-
(1) Traffic in human beings and beggar and other similar forms of forced labor are prohibited
and any contravention of this provision shall be an offence punishable in accordance with
law.
(2) Nothing in this Article shall prevent the state from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.11
Traffic in human beings means to deal in men and women like goods, such as or to sell or let
or otherwise dispose them of. It would include traffic in women and children for immoral or
other purposes. The immoral traffic (prevention) Act, 1956 is a law made by parliament
under Article 35 of the constitution for the purpose of punishing acts which result in traffic in
human beings.
In pursuance of Article 23 the bonded labor system has also been abolished and declared
illegal by the bonded labor system (abolition) act, 1976. To ask a person to work against his
will and not provide him remuneration can be a breach under Article 23 of the Constitution.
In no circumstances can a man be required to work against is will.
11
Child rights against exploitation, http://www.iloveindia.com/constitution-of-india/right-against-
exploitation.html(24thSeptember,2018 ; 09:00am)
WELFARE OF CHILDREN: PRESENT STATUS
The court in M.C.Mehta v. State of T.N noted that menace of child labour was widespread.
Therefore, it issued wide ranging directions in the context of employment and exploitation of
children in Sivakasi prohibiting employment of children below the age of 14 and making
arrangements for their education by creating a fund and providing employment to the parents
or abled bodied adults in the family.12 These directions were reiterated in Bandhua Mukti
Morcha v. Union of India, concerning the employment of children in carpet weaving
industry in India. The apex court took note of the sociological angle and possible resistance
from parents and society to the total elimination of child labour and in fact, allowed the
continuance of child labour in the case of Salal hydro project v. state of J&K. That is why
Article 24 limits the prohibition to only factories, mines and other hazardous employment.
The court had clearly lost an opportunity of interpreting Article 24 as a charter for total
elimination of child labour, and making it compulsory for children to be found in school up to
primary.
But even after 10 years after the child labour( prohibition and abolition acts, 1986, the act
once again continues permitting child labour where it is not prohibited. The apex court are
not however willing to reconsider its decision and continued to give sops to employers so that
in some way or the other child labour is permitted even in industries which are hazardous to
the health of the children. In the case of M.C.Mehta, Justice M.M.Punchi expressed his
thoughts on child labour. He stated that “I see in this scheme (child labour) varied kind of
benefits accruing depending upon the social strata in which such schemes are introduced. It
would be an ideal transition to adulthood; it will provide a sense of responsibility and instill
confidence and pride in the work of the child; very importedly the child will understand the
concept of dignity and labour, it will be an extremely constructive use of time by the child,
and it will also be a welcome source of income in the family….”. The judge was also quoted
saying that the elimination of child labour altogether would be harsh…
CHILD LABOUR:
12
M.C Mehta case, https://www.crin.org/en/library/legal-database/mc-mehta-v-state-tamil-
nadu(24thSeptember,2018 ; 09:00am)
WELFARE OF CHILDREN: PRESENT STATUS
This act was enacted on 23rd December 1986 by the parliament and was enforced on 26th
may 1993 by the central government. The act was ineffective for over 8 years due to the
inactiveness of the state and central government. The object of the act is
• ban on the employment of children i.e., those who haven’t completed their fourteenth
year, in specified occupations;
• lay down a procedure to decide modifications to the schedule of banned occupation
and processes;
• regulate the conditions of work of children in employment where they are not
prohibited from working;
• lay down enhanced penalties for employment of children in violation of the provisions
of this act, and other acts which forbid the employment of the children;
• to obtain uniformity in the definition of “child” in the related laws
The intention of this act was to ban the engagements of child labour in certain employments
and to regulate in areas where it has not been prohibited. It provides power to the government
to make rules with reference to health and safety wherever the employments of children are
permitted. Night work for children is prohibited. The hours of work for the children are also
to be considered by the state and the central governments.
The act enables the governments to appoint inspectors to enforce the provisions of the act and
it has also provided stringent penalties including imprisonment for violations of the
provisions of the act.
Any occupation which may be connected with transport of passengers, goods and mails,
cinder packing, construction of railways, selling of fire crackers etc….may be included as
child labour activities. Process may include bidi-making, carpet weaving, cement
manufacture, cloth printing, weaving, dyeing, manufacture of matches, explosives etc.. will
fall under the category of child labour.13
13
Child labour,http://labour.gov.in/sites/default/files/act_3.pdf(24thSeptember,2018 ; 09:00pam) A
WELFARE OF CHILDREN: PRESENT STATUS
With instances where children just "disappear" overnight in some parts of India, as many as 1
every 8 minutes (according to National Crime Records Bureau data), the sordid horror of
child trafficking is very apparent. Children are today traded like objects, but the nature of this
crime makes it hard to track in India. This is why India is not only a hub but simultaneously a
transit point for child trafficking, via Nepal and Bangladesh. At last count, 200,000 Nepalese
girls under the age of 16 were found to be actively involved in prostitution in India.
i. Rampant poverty and lack of opportunities: parents sell their children for merely a
handful of rupees
ii. Child trafficking as a highly profitable, albeit illegal business which has buyers from
across the world. It is the third most profitable organised crime business, generating
billion dollar revenues annually.
iii. Vulnerability of the child, and lack of enforcement of child rights14
1) Out of school and school dropout contributing to the larger number of potential child
labourers within the state
2) Still 5% of children are out of school as compared to 3% national average
3) 35.7% dropout by the time they complete their primary education and 58.3% by
the time they complete upper primary in the year 2010 – 2011
4) As per census us 2011 there are total 1.08 million child worker in Bihar between
5 – 14 years of age
14
https://www.savethechildren.in/resource-centre/articles/violation-of-child-rights-in-indian-
society(24thSeptember,2018 ; 09:00am)
WELFARE OF CHILDREN: PRESENT STATUS
5) Trafficking of children for the purpose of labour has increased multifold form
January 15 , 2015 to October 15 , 2015 the department of social welfare and
labour jointly has received over 1950 cases .
1) Poverty
2) Ignorance of parents
3) Traditions of making child learn family skill
4) Social apathy towards child labour
5) Non availability of schools
6) Large families
1) Children are quick learner and pick up skill in doing minute work example carpet
industry (nimble finger )
2) They do not protest
3) They are unable to bargain
4) They maintenance cost is very low
WELFARE OF CHILDREN: PRESENT STATUS
One of the biggest reasons for unreported and therefore largely unaddressed incidence of
violence against children, especially sexual violence, is a social stigma. 2012 saw 9500 child
and adolescent murders, making India the third largest contributor to child homicide (WHO
2014, Global Health Estimates), while 1 in 3 adolescent girls between 15 to 19 years
experience violence (physical, sexual or emotional), from their significant others. Child abuse
is often unreported when it involves family members or by people in institutions such as
schools or government homes, due to the classic family structure practiced in rural India.15
According to the ‘UN Special Rapporteur On Violence Against Women’, there has been a
336% increase of child rape cases from 2001 to 2011. Neglect is an important component of
emotional violence, and it occurs when children are not given enough attention, food, or
recreation time.
According to a 2015 report by the U.S. Department of Labour, a list of goods produced
by child labour or forced labour featured India among 74 countries with “significant
incidence of critical working conditions”. Recent legislation regarding child labour has
been unfavourable, with permission to children below 14 years of age to work in family
enterprises or entertainment industry. This still includes scope for abuse, especially
considering that India is home to the largest child labour population in the world.
It is not rare to find thousands of children toiling in the fields for 14-16 hours a day, in labour
intensive professions like farming, stone cutting sector, mining industry, and zari and
embroidery. This is being worsened by the entry of multinational companies into India, to
exploit the lack of accountability in labour law and cheap labour. Child labour is reportedly
highest among scheduled tribes, Muslims, schedule castes and OBC children, despite
aggressive reservation policies favouring this demographic.16
India is sadly the home to the largest number of child labourers in the world.
The census found an increase in the number of child labourers from 11.28 million in 1991 to
12.59 million in 2001. M.V. Foundation in Andhra Pradesh found nearly 400,000 children,
15
http://unicef.in/Whatwedo/23/Violence-Against-Children(24thSeptember,2018 ; 9:30am)
16
Child labour,http://www.childlineindia.org.in/child-labour-india.htm(24thSeptember,2018 ; 10:00am)
WELFARE OF CHILDREN: PRESENT STATUS
mostly girls between seven and 14 years of age, toiling for 14-16 hours a day in
cottonseed production across the country of which 90% are employed in Andhra
Pradesh.
Child Labour in India 40% of the labour in a precious stone cutting sector is children. NGOs
have discovered the use of child labourers in mining industry in Bellary District in Karnataka
in spite of a harsh ban on the same. In urban areas there is a high employment of children in
the zari and embroidery industry.
Poverty and lack of social security are the main causes of child labour. The increasing gap
between the rich and the poor, privatization of basic services and the neo-liberal economic
policies are causes major sections of the population out of employment and without basic
needs. This adversely affects children more than any other group. Entry of multi-national
corporations into industry without proper mechanisms to hold them accountable has leads to
the use of child labour. Lack of quality universal education has also contributed to children
dropping out of school and entering the labour force. A major concern is that the actual
number of child labourers goes un-detected. Laws that are meant to protect children from
hazardous labour are ineffective and not implemented correctly.
A growing phenomenon is using children as domestic workers in urban areas. The conditions
in which children work is completely unregulated and they are often made to work without
food, and very low wages, resembling situations of slavery. There are cases of physical,
sexual and emotional abuse of child domestic workers. The argument for domestic work is
often that families have placed their children in these homes for care and employment. There
has been a recent notification by the Ministry of Labour making child domestic work as well
as employment of children in dhabas, tea stalls and restaurants "hazardous" occupations.
Centre for child rights, child labour is highest among schedules tribes, Muslims, schedule
castes and OBC children.
The persistence of child labour is due to the inefficiency of the law, administrative system
and because it benefits employers who can reduce general wage levels. Distinguishing
between hazardous and non hazardous employment is counter-productive to the elimination
of child labour. Various growing concerns have pushed children out of school and into
employment such as forced displacement due to development projects, Special Economic
Zones; loss of jobs of parents in a slowdown, farmers' suicide; armed conflict and high costs
WELFARE OF CHILDREN: PRESENT STATUS
of health care. Girl children are often used in domestic labour within their own homes. There
is a lack of political will to actually see to the complete ban of child labour.
Bonded child labour is a hidden phenomenon as a majority of them are found in the
informal sector. Bonded labour means the employment of a person against a loan or debt or
social obligation by the family of the child or the family as a whole. It is a form of slavery.
Children who are bonded with their family or inherit a debt from their parents are often found
in agricultural sector or assisting their families in brick kilns, and stone quarries. Individual
pledging of children is a growing occurrence that usually leads to trafficking of children to
urban areas for employment and have children working in small production houses versus
factories. Bonded labourers in India are mostly migrant workers, which opens them up to
more exploitation. Also they mostly come from low caste groups such as dalits or
marginalised tribal groups. Bonded child labourers are at very high risk for physical and
sexual abuse and neglect sometimes leading to death. They often are psychologically and
mentally disturbed and have not learnt many social skills or survival skills.
In 2000 the ILO estimated 5.5 million children had been forced in labour in Asia, while the
Bonded Labour Liberation Front placed 10 million bonded children in India alone. In 1998
the government of India labelled bonded child labour as a marginal problem with only 3000
or so cases. A survey in Tamil Nadu in 1995 found 125,000 bonded child labourers in the
state alone. Child bonded labour in India is mostly in the agricultural sector but has in recent
times been moving into other sectors as well such as beedi-rolling, brick kilns, carpet
weaving, commercial sexual exploitation, construction, fireworks and matches factories,
hotels, hybrid cottonseed production, leather, mines, quarries, silk, synthetic gems, etc. Child
Labour in India
Child labour in India is addressed by the Child Labour Act, 1986 and National Child
Labour Project.
These children become psychologically and mentally disturbed, they thus become dependent
on their 'owners'.17
Even at birth, India's masses prefer a boy over a girl. Girls in India are given less food
(including access to breastfeeding), fewer healthcare consultations, making anaemia and
mineral deficiency common. Despite high female literacy, Delhi, Gujarat and Rajasthan still
show discrimination against girls. This is seen in the high dropout rate of girls, who are
expected to help with household work and taking care of younger siblings. This worsens the
rural gender gap in female and male equality, as girls underperform in school. Depriving a
child of their basic rights, just because they are a girl, is a gross violation of child rights.18
People belonging to scheduled castes (SCs) and scheduled tribes (STs) have faced
discrimination throughout generations, and this trend is prevalent even to this day.
According to Parliamentary findings, violence against the SC/ST community has
increased over the years. An upward graph emerges when seeing the number of cases
lodged under the SCs/STs Prevention of Atrocities Act in 1999 (34,799), and 2001
(39,157 cases) a large number of cases of violence against SC/ST are reported in
Rajasthan and Madhya Pradesh has the largest number of atrocities against Scheduled
Tribes. Many of these cases are unregistered.
Child abuse is prevalent in Dalit and other tribal communities, and anecdotes of
violence, rape, and torture are common. These acts are executed not only by high caste
Hindus but also separatists and insurgents. This has resulted in systematic oppression
of the community;
17
Bonded child labour, https://www.hrw.org/report/1996/09/01/small-hands-slavery/bonded-child-labor
india( 24th September,2018, 9;30am)
18
Discrimination against girls, http://yapi.org/childrens-rights/discrimination-against-the-girl-child/
(24thSeptember,2018, 10:00 am)
WELFARE OF CHILDREN: PRESENT STATUS
Literacy among SC/ST population is incredibly low, and states like Rajasthan, Uttar Pradesh,
and West Bengal have the lowest SC enrolment and attendance figures.19
19
Discrimination against children, https://www.crin.org/en/library/publications/discrimination-briefing-
children-and-religious-discrimination (24th September 2018, 10:00am)
WELFARE OF CHILDREN: PRESENT STATUS
Programme need to continue to function to achieve the desired goals. The policy points out
that people are not using the public health services because they do not provide the patients
with essential drugs. Hence the policy outlines the need to improve delivery of necessary drugs
through increased central govt. funding.20
The Nutrition Policy of 1993 outlines the nutritional status of India and the importance of
such a document. At the time in 1993 there were already a number of mechanisms in place to
address the issue of mal-nutrition and under-nutrition such as the Integrated Child
Development Services (ICDS), Special Nutrition Programme, and Wheat Based Nutrition
Programme etc. The policy outlines a few additional provisions to ensure proper nutrition of all
populations.
Under the direct, short term services section the policy calls for the need to expand the ICDS
and similar programmes to cover the actual population of children in India. It is also required
that mothers be given the proper information and support to provide for their children by
growth monitoring for effective nutrition. Adolescent girls and expecting mothers also need to
be taken into the purview of programmes. Foods provided to society need to fortify against
nutrient loss, low cost nutritious food needs to be produced for poorer families, and
programmes should attempt to address and prevent nutrient deficiencies especially among
women, expecting and nursing mothers and children.
Under indirect long term and structural changes the policy calls for the establishment of food
security reserves. The dietary patterns of people need to be adjusted for better health by
producing healthier food, increasing agriculture input to yield high nutrient foods, and aligning
the food and agricultural policies to the nutritional needs of the nation. There is a need for
poverty alleviation programmes and a functional public distribution system to ensure that poor
families are capable of buying food. There is need for basic land reforms to address the needs
of the landless poor. Health services under the Health and Family welfare Ministry also ties
into the nutritional needs of the populations and hence should be strengthened. Awareness
about basic health and nutrition is vital to a healthier population. There is also a need to
strengthen surveillance of nutrition especially of children, adolescent girls and pregnant
mothers. Other areas that require government implementation, intervention and assistance is
monitoring of programmes, administrating minimum wage, insuring effective community
participation, and education.
20
http://www.childlineindia.org.in/National-Health-Policy-2002.htm(24th September,2018 ; 10:00am)
WELFARE OF CHILDREN: PRESENT STATUS
To ensure the implementation of this policy it outlines the need for inter-ministerial
coordination through the establishment of a committee, the constitution of a National Nutrition
Council, various tasks for the State governments, and proper monitoring of children's
nutritional status.21
The National Policy on Education is an extensive document that covers all aspects of
education from elementary to university level and even adult education. The Following section
is an overview of all aspects of the policy that directly deals with children ages 0-18. The 1992
revised NPE states that aim of education is to keep intact India's long accepted values of
secularism, socialism, democracy and professional ethics. Education is fundamental to the all
round development of a person. The 1992 NPE promises efforts to develop a common school
system through 10+2+3 structure. The policy accepts the +2 as part of school education. With
the Constitutional Amendment of 1976, education has been placed on the concurrent list,
which gives the central government a bigger role in the implementation of education.
In an attempt to remove inequalities in the education system, the policy emphasises the
important of special programmes for marginalized groups as such women, schedule tribes
(STs), schedule castes (SCs), handicapped, etc. Some of the provisions for SCs listed are
incentive to families, pre-matric scholarships, constant micro-planning to ensure enrolment,
retention and successful completion of SC students, recruitment of SC teachers, hostel
provisions for SC students and appropriate location of school building to facilitate participation
of SCs. Similar provisions are made for STs including use of youth teachers and use of tribal
languages at initial stages.
According to the policy education must be culturally applicable and inculcate values in the
children and hence society. There is need to develop the use of local languages in education.
There is a need for low prices books and improvement in library management as well as
additional libraries. There are provisions in the policy for work experience as a part of
education, population education, using math as a tool to teach analytical thinking, strengthen
science education, and support sports, physical education and yoga. The policy called for
greater participation of educated youth and revision of the evaluation system so that it does not
simple reflects rote learning. It emphasises the importance of teacher training, and continual
teacher education. The policy devotes an entire section to overhauling the planning and
management system surrounding education at national, state, district and local levels. It
21
http://www.childlineindia.org.in/National-Nutrition-Policy-1993.htm(24th September ,2018; 10:30am)
WELFARE OF CHILDREN: PRESENT STATUS
outlines that it is both the government and the communities responsibility for providing funds
and that inadequate or non-investment is a major problem facing education.22
22
http://www.childlineindia.org.in/National-Policy-on-Education-1986.htm(24th september ,2018 ; 11:00am)
23
http://www.childlineindia.org.in/Child-Related-Legislations.htm(24th September ,2018 ;
11:00am) 24Guardians and Wards Act,
1890,http://courtingthelaw.com/2016/05/10/commentary/summary-of-the- guardian-wards-act-
1890/(24th September,2018 ; 11:00am)
WELFARE OF CHILDREN: PRESENT STATUS
taking into consideration the age, sex, religion, character of the guardian, the death of the
parent(s), relation of the child to the guardian, etc. The minor's preference may be taken into
consideration.
Immoral Traffic Prevention Act, 1986
The Immoral Traffic (Prevention) Act, 1956 is an Act which provides in pursuance of the
International Convention signed at New York on the 9th day of May, 1950, for the prevention
of immoral traffic. The Act intends to combat trafficking and sexual exploitation for
commercial purposes. While prostitution is not an offence, practicing it in a brothel or within
200 m of any public place is illegal.
The following Act leads to the codification of an Act that laws down rules and regulations
regarding the sensitive issue of prostitution. It protects women and children from forceful flesh
trade. This leads to reduction of objectification of women and children. Through this Act,
children can be further protected and offenders who force children can be punished for the
same.
The Act regularized prostitution and provides assistance to all women and children who have
been forced into the same. The provisions of the Act clearly state that it is an offence to force
any child for flesh trade or trafficking of a child for various other purposes.
The State Government may in its discretion establish as many protective homes and corrective
institutions under this Act as it thinks fit and such homes and institutions, when established,
shall be maintained in such manner as may be prescribed.25
Right to food Legislation and Children
Over half the children in India are malnourished and about one-quarter are so severely
malnourished that they have shrunken brains and stunted bodies. A new generation of millions
of Indians will grow to adulthood disabled. More than half of all women are anaemic with
pregnant and lactating women suffering severe anaemia and malnutrition.
To meet this situation of widespread and chronic hunger the Government of India initiated
several programmes:
25
Immoral Traffic Prevention Act, 1986 http://www.hrln.org/hrln/child-rights/laws-in-place/1715-the-immoral-
traffic-prevention-act-1956.html#ixzz4fAjnhM6W(24th september,2018 ; 1:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
The Midday Meal Scheme and the Integrated Child Development Services Scheme are
universal in nature whereas the PDS will reach about two-thirds of the population (75% in
rural areas and 50% in urban areas). The Section 2(11) of the Act states that a meal means a
hot-cooked meal or pre-cooked and heated meal or take home ration, as may be prescribed by
the Central Government. Children aged six months to 14 years will get take-home rations or
hot cooked food.27
The National Food Security Act, 2013 also called as ‘The Right to Food Act” aims to provide
subsidized food grains to two thirds of India's 1.2 billion people.
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act, 1992 as Amended in 2003 (IMS Act)
The purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 and
its 2003 amendment is to promote breast feeding of new born children and infants. It also
looks to ensure that infant foods are regulated and used appropriately.
This act states that no person should advertise, promote or mislead people to believe that
infant food, feeding bottles and infant milk substitutes are an acceptable replacement of
mother's milk. No person can distribute or supply infant food, feeding bottles and infant milk
substitutes, or contact any expecting mother or mother of an infant, or offer inducement in an
attempt to sell or promote infant food, feeding bottles and infant milk substitutes. Section five
states, no person shall donate or distribute infant food, feeding bottles and infant milk
substitutes or any material regarding the same, except the health system.
The law requires that any manufacturer, supplier or distributer of infant food and infant milk
substitutes needs to put warning labels on the project insuring that the customer understands
that mother's milk is the best food for an infant, and that these products should only be used
under the advice of a healthcare worker. The product should also give clear instructions for
use, nutritional information, ingredients and manufacture and expiry information, etc. Infant
food and infant milk substitute products are not permitted to have photos of babies or
26
Right to food for children, http://www.hrln.org/hrln/right-to-food.html(24th september ,2018;
1:00pm) 27 Mid day meal scheme,http://childlineindia.org.in/Right-to-Food-Legislation-and-
Children.htm(24th september,2018 ; 1:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
mothers, images or designs that increase saleability, and use words like maternalised or
humanised, etc.28
The National Commission for Protection of Child Rights (NCPCR) was established in
March 2007 as a statutory body under the Commissions for Protection of Child Rights
Act, 2005. It was set up to protect, promote and defend child rights in the country. The
Commission consists of a chairperson and six members who are well versed in child
welfare.
• Examine and review the legal safeguards provided by or under any law for the
protection of child rights and recommend measures for their effective
implementation
• Prepare and present annual and periodic reports upon the working of these
safeguards
• Inquire into violation of child rights and recommend initiation of proceedings
in such cases
• Undertake periodic review of policies, programmes and other activities related
to child rights in reference to the treaties and other international instruments
• Spread awareness about child rights among various sections of society
• Examine and recommend appropriate remedial measures for all factors that
inhibit the enjoyment of rights of children affected by terrorism, communal
violence/riots, natural disaster, domestic violence, HIV/AIDS, trafficking,
maltreatment, torture and exploitation, pornography and prostitution
• Undertake and promote research in the field of child rights
• Inspect institutions meant for juvenile/children
• Inquire into complaints of deprivation and violation of child rights, non-
implementation of laws and non-compliance policy decisions, guidelines or
instructions.
28
Infant Milk Substitutes, http://wcd.nic.in/sites/default/files/infantmilkpact1.pdf(24thSeptember,2018 ; 4:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
The Act empowers the State Government to notify at least a court in the State or a Court of
Sessions in each district as a Children’s Court, with concurrence of the Chief Justice of the
concerned High Court. For every Children’s Court, the State Government is required to
appoint a Public Prosecutor or appoint an advocate who has been in practice for not less
than seven years as the Special Public Prosecutor.29
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was
formulated in order to effectively address sexual abuse and sexual exploitation of children.
The Act defines a child as any person below eighteen years of age. It defines different
forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual
harassment and pornography. It deems a sexual assault to be “aggravated” under certain
circumstances, such as when the abused child is mentally ill or when the abuse is
committed by a person in a position of trust or authority like a family member, police
officer, teacher, or doctor. The Act also casts the police in the role of child protectors
during the investigative process. Thus, the police personnel receiving a report of sexual
abuse of a child are given the responsibility of making urgent arrangements for the care and
protection of the child, such as obtaining emergency medical treatment for the child and
placing the child in a shelter home, and bringing the matter in front of the CWC, should the
need arise.30
Under the JJ Act 2015, juveniles between 16 and 18 years of age, who are found
Child Welfare Committees will look at institutional care for children in their
respective districts. Each committee will have a chairperson and four other members,
all specialists in matters relating to children.
29
Children’s Court, http://unicef.in/Story/786/Commission-for-Protection-of-Child-Rights(24th september
,2018 ; 04:00pm)
30
POCSO, http://arpan.org.in/protection-of-children-from-sexual-offences-act-pocso/(24th september
,2018 ; 04:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
CASE STUDY-1
Deepa (name changed) is a 14 years old girl. She narrated her journey of life in her own words.
My family lives in one of the districts in Bihar. My father and mother both were engaged as
labourer and a farmer in other person’s agricultural field. There were six members living
including parents, one elder sister and two younger brothers in my family. Both the parents tried
their level best to save their children from being deprived of food and other basic necessities.
Unfortunately, it went on till my father lived. Sudden demise of my father, when I was around
8-9 years old, left all the liabilities of family and of two more infant brothers over the shoulders
courage to hold the loosened strength alone, and made her eldest daughter married to and
succeeded. Now the only source of income was my mother who had earned meagre amount.
Being the only bread earner of the family, she was incapable of providing nutritious food to her
children. Without having proper diet and other necessaries, I got serious illness which led to
discontinuation of my schooling. It took many months for my proper recovery from illness. This
affected my schooling and finally I became idle at home. When no other things to do, my
mother decided to send me to work for earning money for the survival of my younger brothers.
One of our neighbor knew about social status of my family and got an opportunity to take
advantage of it. That neighbor lady produced illusionary information about high avenues of
employment in Delhi to my mother. Mother became attracted of high wages and better living
conditions and agreed to send me. On September 2011, that lady neighbor carried me to Delhi.
I stayed for few days with neighbor aunt and then aunt moved back to Patna (native place)
leaving me behind with agent. Within one or two days, agent brought me at home in Dwarka,
for engaging into domestic labour. The owner of the house was a doctor. Agent had fixed up the
amount of salary secretly with the doctor and took the money on behalf of me in-advance
without giving me single penny of it.
I was engaged as a full-time domestic maid. There were three members in that house including a
child of 9 years old. The house-owner had his private clinic. I used to do all the household
chores such as dusting, cleaning, washing clothes & utensils, take care of his child and many
other. Besides, I also assisted him in clinic work like cleaning up the room. I had to start
working regularly since 5 O’clock in the morning till 12 O’clock at the night. I hardly got time
for proper rest and sleep. Despite doing lots of work, I was never paid by my house-owner.
I was provided food twice a day. Occasionally I received old clothes. I never got any weekly rest,
leave or any kind of holiday. During my staying period in that family, I never celebrated any
kind of occasions or even happiness. When the family members went outside for a whole day,
Apart from these, wife of house-owner also abused me physically and verbally on regular basis.
Many a times, I was beaten up by that lady. That house was like hell for me.
When the situation became intolerable for me, I ran away from that house on 11th January, 2012
and went to place nearby Dwarka Metro Station. Then police caught me and produced before
CWC.
CASE STUDY- 2
My name is Pinky (name changed). I had been taken care of by my maternal aunt after the death
of my parents when I was infant. I cannot reminded of my parents’ presence at that time.
Maternal aunt is unmarried. Aunt was working as nursing orderly on temporary basis and earning
minimal amount. I showed desire to have education. I always insisted my aunt, for going to
school. Though my aunt also promised to send me to school, she did not fulfill that promise. In
the year of 2012, aunt and I moved to Delhi from Patna when I was 10 years old. Few days
passed away, aunt did not find any suitable job for her own. Her body did not allow her to take
up heavy loaded work. Lastly, aunt found a job of domestic work and sent me there. Without
resisting, I agreed and went to the place of work and became ready to perform household chores
so that aunt can get money on my behalf and meet the daily necessities.
Finally, I had to take up job of domestic service that is easily available in Metropolitan cities
like Delhi. Though the house, where I was employed, was not far away from my staying place,
still I was ready to work as a full-time worker. On daily routine, I was supposed to do household
chores including dusting, mopping, washing utensils for twice or thrice. Since morning 6 o’
clock, I started work before waking up of members and completed till 10 o’ clock at night. After
diner, I washed all the utensils and leftovers. Sometimes I took 2 to 3 hours break during a day.
At the end of the day, I became fully exhausted. However, I did not receive any remuneration in
the form of cash for my hard- work. My aunt was the only guardian to take salary from the
owner. I even could not ask about the total amount of my own salary as I wholly believed that
In workplace, I was not allowed to take leave, any rest or holidays. On emergency situations like
when I became ill, I could had taken some rest if permission was given by the owner.
The owner of the house was a doctor. His family consisted of three members with his wife and
one teenager aged child. The behavior of the owner and family members were good towards me.
They never beaten and abused me in any form. But sometimes, I was scolded by them on my
silly mistake.
I worked for more than two months in that house. The salary of my work was taken by my aunt.
After two and half months, aunt removed me from that house and wanted to send me back to
Patna. But I gradually started liking to be here in Delhi and I did not want to go back to my
native place. As the aunt could not be able to take care of me because of financially weak
SECTION B:
INTERVIEW SCHEDULE 2:
SECTION A
PLACE: Patna DATE: 23-09-2018 TIME: 5 P.M
SECTION B
1. Have you ever gone to any
school? No, I haven’t.
2. Are you not interested in study?
I am interested in study but I used to work to earn my living so, I don’t have time to
attend school.
3. What do your parents do?
My father work as a daily wage labourer and my mother work as a maid.
4. What do you do earn your living?
I used to sell balloons to earn my living.
5. What is your daily
earning? 200 to 300 per
day
6. How much hours you spend on it?
I used to sell it whole day from 9 O’clock in the morning to 10 O’clock at night.
WELFARE OF CHILDREN: PRESENT STATUS
INTERVIEW SCHEDULE 3:
SECTION A
PLACE: Patna DATE: 27- 09- 2018 TIME: 6:00 PM
SECTION B:
INTERVIEW SCHEDULE 4:
SECTION A
PLACE: Patna DATE: 28- 09- 2018 TIME: 4:00 PM
SECTION B:
child abuse unless there is social transformation and cooperation from the members of
society.
3. Do you think present government provisions are sufficient for the protection of child
rights?
No, I don’t think so as still are victim of child labour, child abuse , child trafficking
and many other ill practices despite having proper legislations on each and
everything. It can’t be denied that government fails to implement those provisions
properly.
4. Why children get indulge in child labour?
Due to poor economic condition of family and illiterate parents most of the children
get indulge in child labour.
5. What measure can be taken to end child labour from our society?
WELFARE OF CHILDREN: PRESENT STATUS
Education is one of the way through which child labour can be ended.
Child labour can only be ended by the joint efforts of governments as well as
members of the society. Proper awareness in the weaker section of society is essential
for elimination of child labour from our society.
6. How do GOONJ helps the children?
GOONJ works for the care and protection of children. Our primary aim is to end child
labour. For this we run many awareness programmes. We also focus on issues related
to children like adoption of orphan and lost children, child labour , counselling of
children and other issues related to children so our ultimate aim is child protection.
7. Does your GOONJ get any government support?
Yeah we get fund from Bihar government.
8. Do you think children are aware of their rights?
Most of them are not aware of their rights as there is lack of awareness among them.
9. What type of changes you wants in the society for the protection of child right?
I want members of society to take stand whenever they see any kind of violation of
child right. As we all know in most of the cases we used to act a silent witness of
violation of child right. This is the main reason due to which children of our society
suffers.
WELFARE OF CHILDREN: PRESENT STATUS
INTERVIEW SCHEDULE 5:
SECTION A
PLACE: Patna DATE: 29- 09- 2018 TIME: 7:00 PM
SECTION B:
be sensitised towards the children irrespective of their caste, creed, colour, sex or
religion. It is possible only with the combined efforts of government and society.
6. Do you think children are aware of their rights?
Most of them are not aware of their rights as many of them belong to poor and illiterate
family where no one is there to make them aware of their rights.
7. What type of changes you wants in the society for the protection of child right?
I want more recognition and representation of children in the society. Our first task is to make
children as well as members of society aware about the rights of children.
DATA ANALYSIS
Freshly released Census 2011 data has revealed two alarming facts: as many as 78
lakh Indian children are forced to earn a livelihood even as they attend schools while
8.4 crore children don't go to school at all.
Although the share of working students is low, compared to the whole student
population, the numbers are sufficiently big to show how much importance is placed
on education by families and the children themselves. They also point to the
increasing cost of education, which should ideally be free for the age group of 5 to 17
years.
Among students who work, 57 per cent are boys, the remaining 43 per cent are girls.
Not surprising in a country where women account for only 27 per cent of the
workforce because of patriarchal attitudes and lack of jobs force them into domestic
work.31
31
Data related to child labour, http://timesofindia.indiatimes.com/india/8-4cr-Indian-children-dont-attend-
school-Census-data/articleshow/54473779.cms(24october,2018;5:00pm)
WELFARE OF CHILDREN: PRESENT STATUS
42 | P a g e
WELFARE OF CHILDREN: PRESENT STATUS
Recently, the Protection of Children Against Sexual Offences Act (2012) and Immoral
Traffic (Prevention) Act have been given more teeth to fighting child rights violation. The
last year has seen an increased number of cases filed, due to awareness about legal recourse,
translating to an increase in a number of convictions. 2016 is the first year that National
Crime Records Bureau has spoken on the relationship of victim and accused in rape cases.
With the demonstrated high volume of workplace sexual abuse, the data is a proof of the
unsafe nature of child labour of any kind.
It is well known that cases of sexual exploitation involve perpetrators known to the child
more often than strangers. The latest data add to this, finding that 25% of rapes of children in
the year 2015 were committed by their employers and co-workers. This fact has been
extracted from the National Crime Records Bureau (NCRB) 2015 data on the 8,800 child
rape cases registered using the Protection of Children Against Sexual Offences Act
(POCSO).
Interestingly, the registered rape cases, in which women were sexually assaulted in their
workplace, were only 2%. In child labour cases, boys were abused as frequently as girls
according to the 2007 study conducted along with the Ministry of Women and Child
Development. 488 cases saw the victim raped by grandfathers, brothers, fathers and even
sons. At 55% and 49% respectively, Tamil Nadu and Gujarat reported the highest number of
child workplace sexual abuse cases.
i. The number of cases registered for child abuse raised from 8,904 in the year 2014 to
14,913 in the year 2015, under the POSCO Act. Sexual offences and kidnapping
account for 81% of the crimes against minors
ii. Preventive measures designed to ward off strangers (installing CCTV cameras and
providing self-defence training) will be ineffective, as children do not know how to
ward off unwanted sexual advances from their known relatives, acquaintances or
workplace seniors, who they trust.
43 | P a g e
WELFARE OF CHILDREN: PRESENT STATUS
iii. POSCO: State wise cases - Uttar Pradesh led the highest number of child abuse
cases (3,078) followed by Madhya Pradesh (1,687 cases), Tamil Nadu (1,544 cases),
Karnataka (1,480 cases) and Gujarat (1,416 cases).
Along with workplace cases, here are other findings of rapists being known to
children:
94.8% of rape cases saw children being raped by someone they knew, not strangers.
These acquaintances include neighbors (3,149 cases) who were the biggest abusers
(35.8%).
10% of cases saw children being raped by their own direct family members and
relatives.32
32
Data on child right violation, https://www.savethechildren.in/resource-centre/articles/recent-statistics-
of-child-abuse
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The welfare of the entire community depends on the health and welfare of the child. The
betterment of the child is the betterment of the community because child is the future leader.
Obviously, a neglected and abused child will never become a good and responsible citizen.
Like many developing countries, India still face problems of infant mortality, child marriage,
maternal mortality, and the phenomena of child widows, child trafficking even across
national borders for prostitution, child abuse and child labour. There are several challenges
ahead.
Child marriage are still on in spite of the Child Marriage Restraint Act 1928. There is abuse
and exploitation of children through international trafficking, through sex tourism, and even
as instruments of amusement. The act itself is very weak and dilatory. Child marriages are
valid even though there is a prescribed minimum age of marriage.
During the past few decades, the problem of child abuse and child right violation is on the
rise perhaps, because of poverty and illiteracy. The problem of child labour, poverty,
nutrition, education, employment and respecting their rights at every front has acquired a
very chronic nature and things cannot be done instantly, it requires time and patience. This
problem is further aggravated because of greedy needs of parents, relatives, employers and
society at large. Parents and relatives put them to work to meet the daily needs of family and
slowly become dependent on their income.
The employer employs children in various dangerous and hazardous works as they are
economically submissive and easy to control. Society at large employs child as domestic
help. A child whether from rich or poor background have their own miserable stories, they
live in those stories, grows with them and experience something deadly every day. The child
feels enslaved even today as they find no redressal of their problem except some policies and
programmes on paper.
Child abuse and child neglect are offences not only against child but also against the whole
society. If a child is a national asset, it is the duty of the state to look after the child and to
ensure full development of his personality. But the reality is harsh as the children are not safe
even with the people having actual charge of and control over a juvenile i.e. parents or in-
loco-parentis. There are a number of provisions in the IPC and in other social legislations to
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protect the rights of children and punish those who are involved in exploiting kids. But the
laws are of no use, if the society at large is not aware of the laws because of non-
representation of cases.
The Constitution of India recognized the rights of children and had several articles dealing
with their liberty, livelihood, and development of childhood, non-discrimination in
educational spheres, compulsory and free education and prohibition of their employment in
factories, mines and hazardous industries.
Although we have Child Labour (prohibition and Regulation) Act, 1986 which prohibits the
employment of children in certain employment and regulates the conditions of work of
children in certain other employments.
But the Law alone in an end to eliminate child labour or bonded child labour unless there is
social transformation and people employing child labour feel ashamed. People have to be
sensitised towards the children irrespective of their caste, creed, colour, sex or religion. It is
possible only with the combined efforts of government and society.
Due to the poor economic conditions of a large population in our country, the government has
accepted the grim fact that its concern is not to pull children out of the labour force but to
ensure that working conditions are improved. The recommendation of the committee on child
labour for total ban on employment of children has not been accepted by the Government
possibly due to the reason that labour is an inevitable by- product of poverty which is long
away from being eradicated and hence the cruelty in this field is unavoidable.
As child are the future of nation so it the duty of each and every member of society to protect
them and to raise their voice whenever they came across any kind of violation of child right.
Protection of children right is only possible through the social solidarity of each and every
member of society.
Suggestions
1. There should be a need for a uniform law of adoption so that the children of all
religious communities can be adopted.
2. Child sexual abuse need a sensitive law.
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14.Apart from stringent laws and measures to prevent child abuse there is a need to
sensitize and educate people who are responsible for protection of child rights
(such as parents, teachers, guardians, employers etc.).
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BIBLIOGRAPHY
BOOKS
WEBSITES
• https://www.brainyquote.com/quotes/keywords/children.html
• http://www.zona-pellucida.com/importance.html
• http://www.amnestyusa.org/our-work/issues/children-s-rights
• http://timesofindia.indiatimes.com/india/8-4cr-Indian-children-dont-attend-school-
Censusdata/articleshow/54473779.cms
• http://www.hrln.org/hrln/child-rights/laws-in-place/1715-the-immoral-traffic-
prevention-act-1956.html#ixzz4fAjnhM6W
• http://www.humanium.org/en/child-rights/ html
• https://www.unicef.org.nz/learn/our-focus-areas/child-rights html
• http://www.childlineindia.org.in/National-Health-Policy-2002.htm
• http://labour.gov.in/sites/default/files/act_3.pdf
• http://wcd.nic.in/sites/default/files/infantmilkpact1.pdf
• http://www.savethechildren.org.uk/about-us/what-we-do/child-rights/un-
convention-on-the-rights-of-the-child html
• http://www.childlineindia.org.in/National-Policy-on-Education-1986.htm
• http://www.childlineindia.org.in/Child-Related-Legislations.htm
• http://courtingthelaw.com/2016/05/10/commentary/summary-of-the-guardian-
wards-act-1890/
• http://www.hrln.org/hrln/right-to-food.html
• http://childlineindia.org.in/Right-to-Food-Legislation-and-Children.htm
• https://www.crin.org/en/library/legal-database/mc-mehta-v-state-tamil-nadu
• https://www.savethechildren.in/resource-centre/articles/recent-statistics-of-child-
abuse
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PHOTO GALLERY
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