Crime and Children.

Crime and Children

Small children get involved in a situation of criminal activity or they are involved as a victim both are subjective to greater concern. These kinds of situation demand actions from law makers, law enforcement agencies, social activities and society as a whole. The NCRB (National Crime Bureau) which come under the ministry of home affairs, which is responsible for collecting data on crime against children and on the basis of administrative records juvenile delinquency is taken care of. This report gives out the information about the ‘crime against children’ and ‘crime committed by children’. Children being the inseparable and vulnerable part of the society, that they are easy to intimidate, very easy to hush up and that the reason they become easy and unfortunate victims of crime. There are different reasons for which children commit crime some of the reasons like poverty, illiteracy, circumstances, drug, alcohol, abuse etc.

Crime against Children: - In general terms the offence committed against children or the crime in which children are victim that is called as crime against children. Indian penal code and various preventive proactive ‘special and local laws’ specially mention the offences done where children are victim. Although the age of the children vary, as upon the definition given by the various act and sections, but the age of the children are defined the age below eighteen years, as per juvenile justice (protection and care of children) Act 2000.

Status of Crime against Children in India: - It is reported that, in 2011crime against children was reported 24% increase from the previous year with the total of 33,098 cases of crime which has been reported for in India during the year 2011 as compared to 26,694 cases in the year 2010. Bifurcating further into the state of Uttar Pradesh accounted for 16.6% of the total crime committed against children in India was leveled in 2011, followed by Madhya Pradesh is 13.2%, Delhi is 12.8%, Maharashtra is 10.2%, Bihar is 6.7% and Andhra Pradesh is 6.7%.

Human Trafficking: - Human trafficking is the group of criminals involved in the exploitation of men, women and children for the sole purpose of gaining the financial benefits, which is violation of the fundamental human rights. A number of IPC crimes like Procreation of Minor Girls, Importations of Girls, Buying and Selling Girls for Prostitution. There are few SSL crimes such as Immoral Trafficking Prevention Act 1956, Child marriage restraint Act 1929 Violation of some Legislation like Bonded Labor system Act 1976, Juvenile Justice (Care and Protection of the Children) Act 2000, Child labor Prohibition and Protection Act of 1986, Transplantation of Human Organs Act 1994 are the part of offence under the human Trafficking in India.

Jay Rawal

(MACJ)

Child Engaged in Working (Child Labor).

Child Engaged in Working (Child Labor)

Children engaged in economic activity, on part time or fulltime basis is considered and called as child labor. There is a myth in the backward economic class that it is better when all the member of the family, irrespective of their age are engaged in working and earning money, but on a contrary it makes the situation more worst for that family. On a contrary it reduces the opportunity for the adults if more number of children is engaged in child labor. Poverty is passes down generations after generations if child labor exists in the society. Child labor drives down wages for the adult and educational opportunities for the children. If a child is born to a parents who themselves were once a child labor, are forced to follow the tradition and forced to continue the tradition which ties them to the chain of poverty and illiteracy. Which results in passing down of poverty, illiteracy, unhealthy environment, unsafe environment and etc to generations after generations. ILO, United States Policies to address child labor globally, 2010. That is why this issue of child labor is grave and severe problem in India, which affects the human society and development of the society all over the world.

India has highest number of child laborers all over the world, which are under the age of 14. The problem of child labor is not unique for India. Not only in India, but worldwide children are forced to work without concerning about the effects and disastrous effect and consequences. There are permanent or temporary effects on children such as malnutrition, impaired visions, deformities, from diseases like T.B, Cancer and other respiratory diseases. Children who are under 14 years of age are forced to work for as many as 18 hours a day. They are also forced to live their lives away from their homes, family, and friends, deprive them from the education which can help them built better future. Good effect of eliminating child labor from the society can be measured in economic terms only. It has an enormous long term benefits and impact on the society as a whole far outweighs the nominal economic hardship, which could be suffered by families for a short period of time. Child labor not only depresses the economic condition, but also the economy and leads to perpetual cycle of poverty and hardship.

Child Labor is recognized as the serious and enormous problem prevailing in India. According to the census of India Child labor has increased from 11.28 million, 1991 to 12.66 million, 2001. Adding to this data 85% of child labor in India is hard to reach. So, this data brings a question to my mind, are this children working in unorganized sector. Are these children in rural or urban area and many more such questions. The child labor (Prohibition & Regulation) Act of 1986 prohibits the entry of children into hazardous occupation. Although this efforts are made, but we are unsuccessful in preventing children to engage in such activity.

Jay Rawal

(MACJ)

Children Rights for Education.

Children Rights for Education

In today’s competitive environment, education is the most important tool for living after food clothing and shelter. In today’s developing and modern world education is a guide and instruction which aims at the overall development of individual, provides children with necessary tools and knowledge to understand things which are rational and practice it in his/her day today life. It eliminates ignorance and boost moral value which can be inculcated in individual. It gives and forms the basis for long life learning and forms the basis of inspiration and confidence to face day-to-day challenges. It helps in developing and acquiring skills to an individual to become more self reliant, it helps in enhancing the abilities to manage health, nutrition and plans for future.

Education is also a fundamental requirement in a democracy. People become, more informed and responsible citizens, who are capable of exercising wise choices, and finding their voices in politics, through education. It is essential for eradicating poverty, by allowing people to play more productive roles and to earn better for living.

With passing time the importance of education in India is rising. Though India has been a great source of education for rest of the world for many years, but it needs to improve the quality of the education and also the number of graduates in the country. Still many are deprived of education mainly due to poverty and less accessibility educational services in India. The lack of education, adds to the vulnerability of children for forcing them into social evils of child labor.

During the 11th Plan the Indian education landscape saw significant developments. It was observed that there was a surge in school enrolment, and also gender and social category gap in enrollments narrowed considerably. Expansion of school infrastructure and facilities significantly widened access to schooling, and incentives and child entitlements, such as textbooks, mid day meals and uniforms began reaching a considerably large number of children. In constitution 86^th amendment, act 2002, article 21-A was inserted, which helps in making elementary education fundamental rights of the children. Its consequential legislation, the Right of Children to Free and Compulsory Education (RTE) Act 2009.

The country has witnessed substantial increase in the number of primary and upper primary Schools in recent years. As per Statistics of school education, 2009-10, there are 1449420 educational institutions in the Country. These educational institutions are managed by Government, Local Bodies, Private aided, and Private unaided managements. Private sector dominated in number of Pre-degree/junior colleges/ higher secondary schools and High /Post Basic schools, whereas Government managed institutions were prominent for Middle/ Senior Basic schools, Primary/ junior basic schools and Pre-Primary/ Pre-basic schools.

Jay Rawal

(MACJ)

Nutritional Status of Children.

Nutritional Status of Children

Investment in human resources development is the necessary and pre requisite action, for any nation’s development and progress which is well acknowledged. Regular review, improvement actions in developing nutritious status of the children becomes more important as children of today are citizens of tomorrow. The more crucial periods of a children life is, his earlier childhood, which is till the age of six years. During this age the foundation are laid for cognitive, social and emotional language, physical/mental development and lifelong learning for them. The young children who are below three years are most prone to get affected by malnutrition, diseased/infection and resultant, disability which affect the present condition of the child at micro level and further affects the human resources development at macro level. It becomes very significant in this context to do assessment of the ground reality as reflected by the statistics on nutritional status of the children in India.

There are enormous consequences of child malnutrition for morbidity and mortality and there is a adverse impact of malnutrition on productivity so that failure to combat the problems of childhood like malnutrition, it reduces potential economic growth at the macro level. Malnutrition both protein energy malnutrition and micronutrient deficiencies directly affect children cognitive and physical growth and increase susceptibility to infect the diseases, at the micro level. It is necessary and obvious need to focus and look after the overall and nutritional development required for the children. Inadequate cognitive or social stimulation in first two to three years of a child has a lifelong effect and impact on the children educational development and psycho-social functioning at that age. It is believed that from the moment from where a woman becomes pregnant and till the age of the baby is 2 years is golden interval for intervention. After which under nutrition can or may cause irreversible damage to child for the future development. Poor and less fetal growth of the children may cause irreversible dame to the child or children.

The prevalence of low birth weight babies (less than 2.5 kg at birth) is 22.5%  as estimated by NFHS 3, but In NFHS 3 birth weight was reported only in 34.1% of cases of live births (60% of urban and 25% of rural). Since in 75% cases in rural areas, birth weight was not recorded, and health conditions are poorer in rural areas, actual percentage of low birth babies could be more than the reported figure.

Among the many countries in the world, India is a country where child malnutrition is a big and a severer and a major problem, which is a direct cause of underlying child mortality in India. This major problem which prissiest in India, has been drawing attention of researchers, policy makers and social activist in the nation. Various studies and research has been done to find out the root cause of the children malnutrition in India.

Jay Rawal

(MACJ)

Schemes Introduced for Protection of Child Rights.

Schemes Introduced for Protection of Child Rights.

Government of India is taking rigorous efforts to protect child rights, empower the law related to child rights and also to empower this agencies are work in best interest of children’s. This also helps in executing, implement, enforce and to govern the policies and law made to serve the best for the children’s.

 Some of the best and effective schemes Introduce after the Independence till date are as follows.

1. Integrated Child Development Service Scheme

2. Integrated Child Protection Scheme

3. National awards for child Welfare.

4. National Child Awards for Exceptional Achievements.

5. Rajiv Gandhi Manav Seva Awards for Service to Children.

6. Balika Samriddhi Yojna.

7. Nutrition Program for Adolescent Girls

8. Early Childhood education for 3-6 age group children.

9. Welfare of working children in need of Care and Protection

10. Child line services

11. Rajiv Gandhi National Creche Scheme for children of working mothers.

12. UJJAWALA: A Comprehensive Scheme for Prevention of trafficking and Rescue, Rehabilitation and Re-integration of Victims of Trafficking and Commercial Sexual Exploitation

13. Sarva Shiksha Abhiyan

14. National Rural Health Mission

15. Rajiv Gandhi Scheme for empowerment of Adolescent Girls – SABLA.

16. Dhana Lakshami – Conditional Cash Transfer for Girl Child with insurance cover

17. National Commission for Protection of Child Rights

It is very evident from the data found from the various sources that lot more thing has to be done for purpose of protection of child rights, in spite of taking several initiatives which addresses the various needs of the children living BPL (below poverty line) in India. There is scope of lot of things which can be done for the protection of child rights and to safeguard their interest and rights. Gender inequality has also spread long roots in the nation, especially in the central region of India. Agencies, authorities and NGO’s working for child rights have been making evident efforts to protect children’s especially from BPL (below poverty line).

The various Schemes / Programs are implemented by different Central Ministries, following the guidance of the national policies. They are aiming to tackle the issues relating to the overall welfare of children work independently as well as hand in hand. The State/ UT Governments also execute numerous programs from time to time for improving the lot of children. Apart from the above mentioned Schemes state or provinces also have launched their own specific schemes which help various organizations in protection of Childs, and to also deliver them with the necessary needs for living and developing themselves in this modern world.

Jay Rawal

(MACJ)

National Programs/Policy, Protection for Child Rights.

National Programs/Policy, Protection for Child Rights.

Every State/ Province and Union territory in India falls under The Commissions for the Protection of Child Rights Act, 2005 provides for the Constitution of a National and State Commissions for protection of Child Rights. The functions and powers of the National and State

Commissions will be safeguard the law and constitutional provisions for Protection of Child Rights. It also helps in making necessary recommendation for the effective implementation of those rights. This commission also looks after inquires of child rights and necessary proceedings. It also helps in establishment child courts for speed trials for any kind of violation in child rights.

National Policies and Program established for the protection of child rights.

Developing country like India is trying to develop centric policies addressing the issues of Child Survival, Child Development and Child Protection. The some of the important policies amongst them are,

1.         NPC (National Policy for Children), 1974

It is the first official document which is issued concerning about the needs and rights of the children’s in our nation. The main goal of the policy is to ensure and take the next step towards the constitutional provisions for children’s and the UN Declaration of Rights are implemented.

2.         NEP (National Policy on Education), 1986

This policy was formed to work and reserve the educational rights of the children’s in India, it specially emphasizes on removal of disparities and to equalize educational opportunities in India. This policy has introduced scholarships, adult education, incentives for poor families to send their children to school regularly, development of new institutions and providing housing and services.

3.         NPCL (National Policy on child Labor), 1987

This policy is specially formed for tacking and removing the serious problem of child labor from India. Legislative action plan is formed for focusing and convergence of general programs which benefits the children’s against child labor.

4.         NHP (National Health Policy), 2002

This policy is formed to achieve the main objective of acceptable standard of good health amongst the general population of the country. This policy also helps to increase access to the decentralized public health system by establishing new infrastructure in deficient areas, and by upgrading the infrastructure in the existing institutions. Ensuring, more equitable access to health services across the social and geographical expanse of the country.

5.         NCC (Charter for children), 2003

This policy highlights the Constitutional provisions towards the cause of the children and the role of civil society, communities and families and their obligations in fulfilling children’s basic needs. It secures for every child its inherent right to be a child and enjoy a healthy and happy childhood in this nation.

6.         NPA (National Plan of Action for Children) , 2005

This policy has the wide area of jurisdiction under it. Such as, complete abolition of female feticide, female infanticide and child marriage and ensuring the survival, development and protection of the girl child, upholding and addressing the rights of children in difficult circumstances.

Jay Rawal

(MACJ)

Violations of child rights (child abuse)

Violations of child rights (child abuse)

There are different connotations to the word child abuse in different cultural milieu and socio-economic situation. . Child abuse can be segregated in different types such as physical abuse, sexual abuse, emotional abuse and neglect.

Emotional Abuse: It Includes acts or failure to act by parents or caretaker that have caused or could cause, serious behavioral, cognitive, emotional, or mental trauma. Emotional abuse is also called as verbal abuse, mental abuse, and psychological maltreatment. This can include using extreme and/ or bizarre form of punishment, such as confinement in a closest or dark room or being tied to a chair for a longer period of time or terrorizing or threatening a child. Less severe acts, but not less damaging, are belittling or rejecting treatment, using derogatory terms to describe for the child, habitual tendency to blame the child or make him/her a scapegoat.

Sexual Abuse: Sexual abuse can be defined as inappropriate sexual behavior with a child. It includes fondling a child's genitals, making the child fondle the adult's genitals, intercourse, incest, rape, sodomy, exhibitionism and sexual exploitation. These acts have to be committed by a person responsible for the care of a child (for example a baby-sitter, a parent, or a daycare provider), or related to the child to be considered as ‘child abuse’. If a stranger commits these acts, it would be considered sexual assault.  Government of Indian, conducted survey of 1,25,000 children in thirteen states. Of the children interviewed, (53%) which is more than half said that they had been subjected to one or more forms of sexual abuse. Over 20% of those interviewed said they were subjected to severe forms of abuse. Of those who said they were sexually abused, 57% were boys.

Neglect: It is the failure of parents/guardian or caretakers to provide for the child's basic needs. Neglect can be emotional, educational or physical. Not providing adequate food or clothing, appropriate medical care, supervision, or proper weather protection (heat or cold) accounts to physical neglect. It may include abandonment as well. Educational neglect includes allowing excessive truancies, failure to provide appropriate schooling or special educational needs. When there is lack of any emotional support and love, never attending to the child, substance abuse including allowing the child to participate in drug and alcohol use accounts for psychological neglect

Physical Abuse: Physical abuse can be defined as inflicting of physical injury upon a child. This involves punching, burning, hitting, shaking, kicking, beating or otherwise harming a child. The guardian, parent or caretaker may not have intentions to hurt the child. It can be the result of May, however, is the result of over-discipline or physical punishment that is inappropriate to the child's age.

Jay Rawal

(MACJ)

Child Health, Child Survival, Child Protection

Child Health, Child Survival, Child Protection

According to a journal published by government of India called as A Statistical Appraisal. According to the census of 2001data and studies illustrate the big impact of sex selection in a country like India. The sex ratio of the children (0-6years) declined from 945 girls to 1000 boys in the year 1991 to 927 in the year 2001. Out of 577 districts in the country around 80% of them registered a decline in the sex ratio between the years 1991 to 2001. It was also recorded that around 35% of the districts registered the sex ratio below national average which was 927 females per 1000 males. In 1991 there was only one district where sex ratio was quite lower than expected it was 850 females per 1000 males. But census of 2001 says that this number increased to 49 such districts.

Every year in India 2.5 million children die, which account up to 1 out of every 5 children in the globe, which is a very big number for countries concern about children. Out of which there are chances of girl being 50% more likely to die. The data also says that out of which sixteen children die before they attain the age of year one, the data also says that out of which 11 die before they attain the age of 5years.  35% of the totals worlds low birth weights of babies is accounted by India and 40% of malnutrition amongst developing countries, which accounts to highest levels in the world. Although India’s neo-natal mortality rate declined in the year 1990 from 69/1000 live birth as compared to 53/1000, this number remained static, dropping to only four points from 48 to 44/1000 living births between 1995 and 2000.

According t the census of 2001, amongst all persons living in India with disabilities, 35.9% were children and were in the age group of 0-19 years. The report also gives us information that three out of five children in the age group of 0-9 have been reported to be visually impaired. Movement disability was recorded highest in proportion which is 33.2% in the age group of 10-19 years.

According to WHO India is recorded the second highest nation for total persons living with HIV/AIDS after Republic of South Africa. According to National Aids Control Organization (NACO), it was estimated that there are 0.5 million HIV infected 0-14 years infected child in the year 2003, but UNAIDS put this figure at 0.16 million children.

While on the other hand girls are being killed even before the girl child is born, on the other hand children which are bore and survive and suffer from a number of violations. The world’s highest number of child workers is in India. Adding to these Information world’s highest number of sexually abused child are living in India. Child which is below 16 years of age has been raped every 155^th minute.

Jay Rawal

(MACJ)

Right to Survival for Children’s

Right to Survival for Children’s

1)         Right to be born.

Right to be born implies the right to be brought in this world (not be aborted). In India, especially girl child face greater threat of getting aborted before birth (female feticide). Although, it is not only limited to female’s even males come under this scenario. Mainly female Fetus in India is aborted due to evil practices like dowry, where it is believed that girls once born will only become a liability for parents and even if she works and earns it will only be for her husband. Feticide in India have caused a discrepancy in the sex ratio, as of 2005 it was estimated that there were 50 million more males than females in the nation. Technology also plays an important part in female feticide, where sonography is used to determine whether the fetus is boy or girl. Further talking over right to be born, parents who think they cannot afford to bear the expenses of a child they abort the child regardless it is a male or a female fetus.

2)         Right to minimum standards of food, shelter and clothing.

Once the child is born they have the basic right for proper food, shelter and clothing. It should get at least the minimum standard of food set by the local authorities. Child should also get proper house to live and proper clothes to wear. All this should be hygienic and up to minimum standard of living. Proper health care facilities should be accessible for new born child, to safe drinking water, to food which is nutritious, environment which is safe and information necessary to help children stay safe and healthy. The number of children suffering from malnutrition is heist in India as compared to the other countries in the world. The underweight children in India are also on the higher side and nearly double, as compared to Sub Saharan region. According to the Global Hunger Index 2011 (GHI) Report India is ranked 15th, amongst leading countries with hunger situation. It also places India amongst the three countries where the GHI between 1996 and 2011 went up from 22.9 to 23.7, while 78 out of the 81 developing countries studied, including Pakistan, Nepal, Bangladesh, Vietnam, Kenya, Nigeria, Myanmar, Uganda, Zimbabwe and Malawi, succeeded in improving hunger condition. Despite India's 50% increase in GDP since 1991, more than one third of the world's malnourished children live in India.

3)         Right to live with dignity

Once the child is grown up, able to understand and express his feelings, he or she has the right to live with dignity in the household and in the society. Childs view and feelings should be respected. Children should also have right to express his views and ideas in the right forum. He or she should not be subject to violence in household, school and in society. Freedom should be provided to children, which helps them to develop their mind in the right direction

Jay Rawal

(MACJ)

Child Rights

Child Rights

Child right in India is a developing concept. Children’s which belong to a poor class in India are struggling for their basic rights in India. Rights such as right to education, right for food, right for clothing, right for shelter, right for medical assistance, right to acquire social status and equality in this modern world. In this busy world people are forgetting to respect and deliver the rights of the under privilege children’s in our society. These children’s are away from their primary right of getting proper healthcare assistance, in a county where healthcare and medical expenses are cheapest all around the globe. If we talk about human rights, child right are the most ratified. There was a formation of an organization by United Nations Organizations (UNO); the name of that organization is United Nation Convention on the right of the children (UNCRC). This formation was signed in November 1989, by all permanent and temporary members of United Nations Organizations. This convention was formed to serve to the best interest of the children’s. To implement this conviction all country must understand the conviction and check with their ability to enforce and implement it in the respective countries. Some of the featuring rights of this convention are, not to give capital punishment. Trials of the convicted children’s should be done in the juvenile courts different Jurisdiction should be given to the children’s who are below 18 years of age. Two protocols were adopted on 25th May 2000 which is optional. The First Protocol restricts the involvement of children in military activity and conflicts, and the Second Protocol prohibits the sale of children, child prostitution and child pornography. Both protocols have been ratified and accepted by more than 150 countries. The Third and latest protocol which was adopted by UNCRC was for communication of complaints which came into effect on 14th April 2014.

            Apart from these rights there are several other rights which are reserved by the UNCRC such as Right to survival, Right to protection, Right to participation, right to development. There are 42 major articles which provide the guidelines for the protection of child rights and deliverance of their right by all sections of the society. Talking about the Indian participation in UNCRC, India ratified UNCRC in 11th December 1992. As India is suffering with the problem of “Child Labor”. So due to this problem India made some reservation for the issue of Child Labor. Though India has adopted the conviction and has come up with many laws in constitution preserving and protecting the child rights but, looking at the current condition it has failed to implement it on ground zero level. Many private and international organizations and Non-Governmental Organizations are formed to help in enforcement of the child rights made by UNCRC.

Jay Rawal

(MACJ)