OVERViEW Child Welfare Policies and Programmes in India

1 Issues concerning Children OVERViEW Child Welfare Policies and Programmes in India Chinmayee Satpathy E. very Child has right rights. An advisory and Drafting to lead a decent life. Committee had been formed for the The physical, mental purpose. The regional consultations and social well being regarding drafting of working paper of a Child depends on Policy of Children had been held upon the family to which she/ across the country with concerned he belongs. In the process of Ministries and Departments from socialisation during childhood the States and Union Territories, civil family and school are two important society organisations, government institutions which play significant and non government organisations, role for integrated development of academicians and experts etc. the Child . According to the United Keeping in view Nations Convention on the Rights Thrust Areas of the Policy of Child , Child means a person male Reducing Infant Mortality the problems and =.

2 Or female who is below 18 years Rate. of age. While casting glance over challenges faced by Indian situation, it is found that, = Reducing Maternal Mortality Rate children, laws have around 440 million are children which constitute around 40 percent = Reducing Malnutrition among children been introduced and of country's population. India has high rate of neo-natal deaths which = Achieving 100 percent civil various Policies and is around 35 percent in the world. registration of births Around 50 percent of Child mortality = Universalisation of early Programmes are occurs in the country. Keeping in childhood care and development view the problems and challenges and quality education for all being implemented faced by the Indian children, laws children;. have been introduced and various for the Welfare of Policies and Programmes are being = Achieving 100 percent access and retention in schools children in India implemented for the Welfare of children in India . including pre-schools.

3 = Complete abolition of female The National Policy for foeticide, female infanticide Children, 1974 was adopted on 22nd and Child marriage and ensuring August 1974 in order to address the the survival, development and emerging challenges relating to Child protection of the girl Child ;. The author is Post-Doctoral Fellow, ICSSR, New Delhi. YOJANA November 2012 23. = Improving water and sanitation and that the childhood and youth prohibits determination of sex coverage both in rural and urban are protected against exploitation of foetus and killing of female areas. and against moral and material Child in the mother's womb not = Securing for children all legal abandonment. only by the medical practitioners, and social protection from all gynaecologists or paediatricians Article-45 The State shall but also by any genetic laboratory, kinds of abuse, exploitation and endeavour to provide early neglect. counseling centre or clinic. The Act childhood care and education for also bans the advertisement using = Complete abolition of Child all children until they complete the labour with the aim of pre-natal diagnostic technique age of six years.

4 For sex determination. Section-5. progressively eliminating all forms of economic exploitation Article-243 G Provides for of the Act state that the pre-natal of children. institutionalisation of Child care diagnostic procedure can be by seeking to entrust Programmes conducted only with the consent = Monitoring, review and Reform of the pregnant woman and a copy of Policies , Programmes and of women and Child development to Panchayat (item 25 of Schedule of written consent is given to her. laws to ensure protection of children's interest and rights. 11) The Immoral Trafficking = Ensuring Child participation and Legislations related to Children (Prevention) Act (ITPA), 1956. choice in matters and decision prohibits commercial sexual affecting their lives. The Hindu Adoptions and exploitation and all cases relating Maintenance Act, 1956 codifies to prostitution registered under the January 24th has been declared laws for adoption and maintenance Act. This Act defines a minor as a as the National Girl Child Day by of both boys and girls and declares person between 16 to 18 years of the Ministry of Women and Child that the sons and daughters are age.

5 The Act also says that if any Development, since 2009. treated equally in the matter of person over the age of 18 years succession. The Act confers that knowingly lives wholly or in part Constitutional Safeguards for a woman could adopt for herself on the earning of the prostitution of Indian Children in her own right. Adoption of any other person shall be punishable Article-15 & 15(1) The State female Child was not permissible with imprisonment up to 2 years or shall prohibit discrimination against prior to passing of this Act and with fine up to Rs1000 or both, any citizen on the grounds of any oral or documentary evidence or where such earnings relate to religion, race, caste, sex. Nothing in would be of no use, when adoptee the prostitution of a Child or a this article prevents the State from failed to prove any family custom minor, shall be punishable with making any special provision for prevailing in family for adopting imprisonment for 7-10 years. The women and children.

6 A female Child . Section 15 of the Act prohibits the activities relating Act says that the adoptive father to prostitution in a public place or Article -21 A : The State shall or mother or any other person nor within 200 metres from a public provide free and compulsory can the adopted Child renounce his place. education to all children of the age or her status as such and return to 6- 14years in such manner as the The Child Labour (Prohibition his family of his or her birth. The State may, by law determine. and Regulation) Act,1986 prohibits validity of adoption cannot be Article-24: No Child below the adjudicated in a writ petition. the engagement of children in age of 14years shall be employed certain employments and regulates The Pre-Conception and Pre- the conditions of work of children to work in any factory or mine or engaged in any other hazardous Natal Diagnostic Techniques Act- in certain other employments. employment. 1994 regulates the use of pre-natal Section-5 of the Act makes provision sex determination techniques.

7 For setting up of the Child Labour Article-39(f): enjoins the State Though it permits the use of pre- Technical Advisory Committee by to ensure that children are given natal sex determination techniques the Central Government and the opportunities and facilities to for detecting chromosomal or Committee is authorised to give develop in a healthy manner and in sex linked disorders only by the advice to the Central Government conditions of freedom and dignity registered institutions but strictly in the matter relating to Child labour 24 YOJANA November 2012. in occupations and process. Section be liable to be punished. The The National Institute of Public 13 of the Act deals with the health marriage performed in violation of Cooperation and Child Development and safety measures of the Child the Child Marriage Restraint Act (NIPCCD) is a premier organisation employment in occupations or in is an unlawful marriage. Section 5 which acts as an autonomous body processes.

8 The Act also proclaims of the Act punishes a person who under the Ministry of Women and that if an accused employer is unable performs, conducts or directs any Child Development Department, to prove that children employed Child marriage shall be liable to Government of India to promote were not below 14 years, he can be punishment, unless he proves that voluntary action, research, training convicted for offence of employing to the best of his knowledge the and documentation on women Child labour. marriage in question was not a Child and Child development 1860 in marriage. According to Section 6 the year 1966. The institution was The Juvenile Justice Act 2000 and (1) of the Act when a Child marriage established at New Delhi with its Amendment Act-2006 formulates is contracted person having charge four Regional Centres at Guwahati, laws relating to juveniles in conflict of such Child , whether he is guardian Banaglore, Lucknow and Indore. with law (juvenile who is alleged or parent or in any other capacity The thrust areas of the Institute to have committed an offence) and whether lawful or unlawful, that provide proper care and protection relates to Child care interventions person is liable to be punished.

9 Relates to maternal and Child health for children in need. The Act adopts The offences committed under Child -friendly approach by catering and nutrition, early childhood this Act are cognizable offences as care and education, childhood to the development needs of the defined under the Code of Criminal children and their rehabilitation disabilities, positive mental health Procedures,1973. in children and Child care support in institutions established under law. The Act brings juvenile law Institutional Frameworks for services. and prescribed set of standards to Child Welfare The Central Adoption Resource be adhered by all State parties for Authority (CARA) is an autonomous securing the best interests of the The National Commission for Protection of Child Rights body under Ministry of Women and Child and provides alternatives such Child Development, Government of as adoption, sponsorship, foster (NCPCR) was set up as a statutory body under Ministry of Women and India .

10 CARA which primarily deals care and institutional care. This with adoption of orphan, abandoned Child Development in 2007 under Act has been amended in 2006 to and surrendered children through the Commission for Protection of set up Juvenile Justice Board and recognised agencies. As per the Child Rights (NCPCR) Act 2005 to Child Welfare Committees and provisions of Hague Convention protect, promote and defend Child compulsory registration of Child on Inter-country Adoptions, 1993, rights in the country. The prime Care Institutions. The Act has been CARA is designated as the Central objectives of the Commission is further amended in 2011 to remove Authority to deal with in-country to review the safeguards provided discriminatory references to children and inter-country adoption of for protection of Child rights and affected by diseases like leprosy, children. recommends measures for effective tuberculosis, hepatitis-B etc. As implementation, spread Child per new provisions more power Child Welfare Schemes literacy, enquire into violation of has been entrusted to Child Welfare Child rights, look into the matters The Integrated Child Committee and Child Protection relating to distressed, marginalised Development Scheme (ICDS) is Units in each district of the State and disadvantaged children without a Centrally Sponsored Scheme to oversee its implementation and family, children of prisoners, inspect of Government of India for early provide care, education, training for juvenile home and recommend childhood care and development.