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| UNODC is cosponsor of the Joint United Nations Programme on HIV/AIDS - UNAIDS |
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Working with vulnerable children
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"India is home to almost 19 percent of the world's children. More than one third of the country's population, around 440 million, is below 18 years. According to one assumption 40 percent of these children are in need of care and protection, which indicates the extent of the problem. In a country like India with its multicultural, multi-ethnic and multi-religious population, the problems of socially marginalized and economically backward groups are immense. Within such groups the most vulnerable section is always the children. For the Ministry of Women and Child Development the challenge is to reach out to the most vulnerable and socially excluded child of this country and create an environment wherein, not only is every child protected, but s/he also has access to opportunities and education for her/his all round growth and development". (Study on Child Abuse, India 2007, Ministry of Women and Child Development Government of India). This statement aptly describes challenge as well as the possible way forward to address the needs of vulnerable children in India.
In India, children's vulnerabilities and exposure to violations of their protection rights is wide spread and multiple in nature. The manifestations of these violations are various, ranging from child labour, child trafficking, to commercial sexual exploitation and many other forms of violence and abuse. With an estimated 12.6 million children engaged in hazardous occupations (2001 Census). Although poverty is often cited as the cause underlying child labour, other factors such as discrimination, social exclusion, as well as the lack of quality education or parents/family attitudes and perceptions about child labour and the role and value of education are also underlying factors.
In states like Bihar, Mizoram, Rajasthan and Uttar Pradesh, 60 per cent or more girls dropped out before completing their five years primary education. Retention rate at Primary level is 71.01%, girls' enrolment in schools at primary level is 47.79%, IMR is as high as 58 per 1000 live births. While there are instances of girls being killed even before they are born, there are children who are born and survive to suffer from a number of violations. India has the highest number of working children.
Despite a major improvement in literacy rates during the 1990s, the number of children who are not in school remains high. Gender disparities in education persist, with more girls than boys failing to complete primary school. 20 per cent of children aged 6 to14 are still not in school and millions of women remain non-literate despite the spurt in female literacy in the 1990s.
Childhood in India is not homogeneous; several childhoods co-exist. Social and economic status, physical and mental ability, geographical location and other differences determine the degree of vulnerability of children. Trafficking of children also continues to be a serious problem. The nature and scope of trafficking could be for variety of situations like forced labour, forced marriages and commercial sexual exploitation. Studies indicate that over 40 per cent of women sex workers enter into prostitution before the age of 18 years. Moreover, for children who have been trafficked and rescued, opportunities for rehabilitation remain scarce and reintegration processes a challenge.
While systematic data and information on child protection issues are not available, evidence suggests that children in need of special protection belong to communities suffering disadvantage and social exclusion such as scheduled casts and tribes, and the poor. Limitations of available services, as well as the gaps persisting in law enforcement and in rehabilitation schemes are also a major cause of concern.
There are an estimated eleven million street children in India, this is now believed to be a conservative figure, with an estimated 100,000 - 125,000 street children in each of Mumbai, Kolkata and Delhi alone (1994 UNICEF). Street children are not a new phenomenon. There have always been children who have been abandoned or who have run away from home and have turned to the street as a means of survival, and those who have lost their families to conflict, natural disasters or HIV/AIDS. These children are generally most at risk of being sexually exploited, pushed into forced labor, at risk of contracting HIV and developing early addiction to drugs.
The Juvenile Justice (Care and Protection of Children) Act, 2006 is the legislation which deals with the largest group of vulnerable children, children in need of care and protection and children in conflict with law. The Act is a protective legislation but, needs much stronger administrative and infrastructure support along with greater financial outlay for it to fully effective.
The Constitution of India recognizes the vulnerable position of children and their right to protection, it guarantees in Article 15 special attention to children through necessary and special laws and policies that safeguard their rights. The right to equality, protection of life and personal liberty and the right against exploitation are enshrined in Articles 14, 15, 15(3), 19(1) (a), 21, 21(A), 23, 24, 39(e) 39(f) and reiterate India's commitment to the protection, safety, security and well-being of all it's people, including children.
There have been also been recent legislative actions on child rights issues, The Commissions for the Protection of Child Rights Act, 2005, the Juvenile Justice (Care and Protection of Children) Act, 2006, the proposed Immoral Traffic (Prevention) Amendment Bill 2006, and the Child Marriage Bill. However the challenge continues to be effective implementation, sufficient funds and evidence of impact.
Responses to child rights issues need to move away from being welfareist to - where children are seen as passive recipients, and the State as the benevolent giver - a more rights based one; wherein protective and affirmative action is as seen as an essential right of the child.
Moving Forward
It is important that action is taken to address the underlying issues that increase a child's vulnerability. Thus preventative work is not solely about preventing neglect or exploitation but is about supporting all children and young people and seeking, through early intervention, to prevent a range of negative outcomes.
In the rights-based approach, children are viewed as citizens, entitled to all that has been promised to them under the Constitution of India and the United Nations Child Rights Charter, rather than as objects of philanthropy or charity. The approach to children should not be piecemeal or welfare.'
Some directions for policy, legislative and programme actions:
- Rights of the child are non - negotiable: A commitment from all duty bearers that rights of the child are non-negotiable and universal.
- Create institutional support systems: Putting in place adequate institutional and administrative support mechanism to implement the different Acts and Plan of Actions.
- Economic/livelihood support to prevent abuse: The civil and political rights of children, such as the right against abuse and exploitation, must be connected with their economic, social and cultural rights, such as education and work.
- Participatory planning: Respecting children as citizens is a step towards recognizing their voices as stakeholders and as participants and not just mute beneficiaries.
- Synergize action amongst different stakeholders: Promoting greater ownership of Plans of Actions by NGOs and other sections of civil society, including the corporate sector, with their meaningful involvement in the development of policies, legislations and programme responses to vulnerable children.
- Prevention through early intervention: The key to successful prevention is early identification and sound assessment and these needs to underpin all interventions.
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| This background note has been prepared with inputs from Mr. Gerry Pinto, Consultant and Child Rights Activist. |
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