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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/93/Add.5 16 July 2003 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second
periodic reports of States parties due in 2000
INDIA *
[10 December 2001]
* For the initial report submitted by the Government of India, see
CRC/C/28/Add.10; for its consideration by the Committee, see documents
CRC/C/SR.589-591 and CRC/C/15/Add.115.
GE.03-43869 (EXT)
CONTENTS
Pages
Introduction 4
Information Update 6
Action taken on Concluding
Observations 15
Section
I. General Measures of
Implementation (arts. 4, 42 and 44 para. 6) 23
II. Definition of
the Child (art. 1) 63
III. General Principles 66
A. Best
Interests of the Child (art. 3) 66
B. Non-Discrimination
(art. 2) 70
C. The Right to Life, Survival and Development
(art. 6) 80
D. Respect for the Views of the Child (art. 12)
87
IV. Civil Rights and Freedom (arts. 7, 8, 13-17 and 37(a))
91
A. Name and Nationality (art. 7) 91
B. Preservation of
Identity (art. 8) 95
C. Freedom of Expression (art. 13)
96
D. Freedom of Conscience, Thought and Religion (art. 14)
97
E. Freedom of Association and Peaceful Assembly (art. 15)
98
F. Protection of Privacy (art. 16) 99
G. Access to
Appropriate Information (art. 17) 100
H. The Right Not to be Subjected to Torture or Other Cruel, Inhuman or
Degrading Treatment and Punishment (art. 37(a)) 103
V. Family Environment and Alternate Care (arts. 5, 18, paras. 1-2, 9-11,.
19-21,
25, 27, para. 4, and 39) 105
A. Parental Guidance
(art. 5) 105
B. Parental Responsibility (art. 18)
108
C. Separation from Parents (art. 9) 112
D. Family
Reunification (art. 10) 113
E. Illicit Transfer and Non-Return
(art. 11) 114
F. Recovery of Maintenance for the Child
(art. 27) 115
G. Children Deprived of their Family Environment
(art. 20) 117
H. Adoption (art. 21) 119
I. Periodic
Review of Placement (art. 25) 126
J. Abuse and Neglect (art. 19), including Physical and
Psychological
Recovery and Social Reintegration (art. 39)
128
VI. Basic Health and Welfare (arts. 6, 18, para. 3, 23, 24,
26, 27 para. 1-3) 132
A. Health and Health Services (art. 24)
132
B. Disabled Children (art. 23) 201
Page
Section
C. Social Security and Childcare Services and Facilities
(art. 26
and 18, para. 3)262 217
D. Standard of Living
(art. 27) 222
VII. Education, Leisure and Cultural Activities
(arts. 28, 29, 31) 232
A. Education, including Vocational Training and
Guidance (art. 28) 232
B. Aims of Education (art. 29)
296
C. Leisure, Recreation and Cultural Activities (art. 31)
305
VIII. Special Protection Measures (arts. 22, 38, 39, 40,
37(b)-(d), 32-36) 315
A. Children in Situation of Emergency
315
1. Refugee Children (art. 22) 315
2. Children in Armed Conflicts (art. 38), including Physical and
Psychological Recovery and Reintegration (art. 39) 323
B. Children
involved with the System of Administration of Juvenile
Justice 324
1. The Administration of Juvenile Justice (art. 40)
324
2. Children Deprived of their Liberty, including any Form of
Detention, Imprisonment or Placement in Custodial Settings
(art. 37
(b)-(d)) 341
3. The Sentencing of Children, with Particular Reference to the
Prohibition of Capital Punishment and Life Imprisonment
(art. 37
(a)) 345
4. Physical and Psychological Recovery and Social Reintegration
of the
Child (art. 39) 346
C. Children in Situation of Exploitation, including Physical
and
Psychological Recovery and Social Integration 350
1. Economic Exploitation of Children, including Child
Labour
(art. 32) 350
2. Drug Abuse (art. 33) 368
3. Sexual Exploitation and Abuse (art. 34) 375
4. Sale,
Trafficking and Abduction (art. 35) 375
5. Other Forms of
Exploitation (art. 36) 385
D. Children belonging to a Minority or an
Indigenous Group (art. 30) 389
IX. Looking Ahead
411
Bibliography 413
Abbreviations 421
Endnotes 424
INTRODUCTION
1. India, the Union of 28 States and seven Union Territories is a socialist, secular and democratic republic. The Indian Constitution envisages a parliamentary form of government and is federal in nature with some unitary features. The states of India vary greatly in terms of language, culture and human development. The size and population of some of India’s largest states is comparable to some countries in Europe, Africa, Latin America or Asia. India today stands at the threshold of great change and opportunity. It is self-sufficient in agricultural production, its economy is poised for rapid growth, and it is one of the most industrialized countries in the world. India’s strong presence in the information technology sector is acknowledged by the world.
2. India continues to wage its battle against poverty, and its attendant negative ramifications, such as a high mortality rates, malnutrition and illiteracy, the greatest victims of which are children and women. India has 400 million children below the age of eighteen years, the largest child population in the world. India considers it a matter of utmost priority that its children grow and develop in health and happiness, receive education and develop skills, so that they can realize their complete potential and effectively participate and contribute to the social, cultural and economic life of our nation.
3. This First Periodic Report on the Convention of the Rights of Child (CRC) is the result of a detailed exercise that extended for more than a year. We have tried to make the report as participatory and comprehensive as possible, and have solicited inputs through questionnaires from related ministries, from state governments, non-governmental organizations (NGOs) and experts, from citizens and children. Questionnaires were posted on our web site and the public was requested to offer their comments and views through newspaper advertisements. The support of the United Nations Children’s Fund (UNICEF) in the preparation of this report is gratefully acknowledged.
4. It has been our intention to make the report as broad-based and representative as possible. Hence, the report details not only government legislation, programmes and data, but also quotes from reports and data from several non-governmental sources, such as from independent research studies by NGOs and experts, and from international organizations, even though the intellectual rigour, accuracy or precision of such data has not been endorsed or authenticated.
5. This report combines an analysis of the overall implementation of CRC in our country, a review of its progress, and identification of continuing challenges that impede the effective implementation of children’s rights. We recognize that the position of women in society, their health, access to education and information enhances their ability to improve not only their lives but also the lives of their children and families. Children’s rights, especially those of girl children, are irrevocably linked to women’s empowerment. It has been demonstrated universally that investment in girl’s education brings about high social and economic returns. India has taken bold and substantial initiatives in the area of women’s empowerment. To highlight the centrality of women’s empowerment to healthy child development as also to development in general, the year 2001 was celebrated as the “Women’s Empowerment Year’, with special focus on the girl child and adolescent girls.
6. We are fully committed to universalization of elementary education, by not only making it a fundamental right of all our children, but also as a key strategy to address the problems arising from poverty. The Sarva Shiksha Abhiyaan (SSA) launched by the government of India in November 2000, is a major step towards this direction. The Constitutional 93rd Amendment Bill 2001, passed recently by Parliament, will make education of all children in the age group of 614 years a fundamental right. The Bill also aims to include early childhood care and education to all children up to the age of six years as a directive principle of state policy of our Constitution.
7. We also hope to establish the National Commission for Children shortly, which will act as a vigilant guardian and protector of children’s rights in India. We are deeply concerned about the growing menace of child trafficking. India signed the “SAARC Convention on Prevention and Combating Trafficking in Women and Children for Prostitution”, on 5 January 2002 and we believe that cross-country trafficking can be addressed effectively through its operationalization. The Government of India has also initiated a new scheme called Swadhar for providing relief and rehabilitation for women in difficult situations that includes women and child victims of trafficking.
8. Realization of children’s rights certainly requires large resources.
However, the key element in this effort is the “will
of the
community”. We have to mobilize the nation fully, strengthen and
accelerate ongoing programmes and undertake new initiatives
in gap areas, so
that all our children can enjoy their rights to survival, protection, growth and
development. The magnitude of
our challenge is immense. With full partnership
with the community and non-governmental sectors, we rededicate ourselves towards
this end.
Dr. R.V. Valdyanatha Ayyar
Secretary
Department of Women
and Child Development
Ministry of Human Resource Development
Government of
India
New Delhi-110 001
INFORMATION UPDATE
9. This Periodic Report was planned for submission to the United Nations Committee on the Rights of the Child in 2001. Internal discussion among ministries, constant feedback on the report and availability of new data have been a continuing challenge in the task of finalizing the Report. In order to incorporate new developments, information and feedback, this additional chapter “Information Update” has been added to the report.
Elementary Education as a Fundamental Right
Thematic Area: Education, Leisure and Cultural Activities [arts. 28, 29, 31]
10. The Directive Principle under article 45 of the Constitution of India, lays down that the States within a period of ten years of commencement of the Constitution will provide free and compulsory education to all children until they complete 14 years of age.
11. The Government of India is completely committed to Universalization of Elementary Education. In 1997, the 83rd Amendment Bill was introduced in Parliament to make education a fundamental right of all children between 6-14 years.
12. Subsequently, the Bill was referred to the Parliament Standing Committee on Human Resource Development. Based on the recommendation of the Parliamentary Standing Committee, advice of the Ministry of Law and suggestions of the Law Commission, the Ministry of Human Resource Development formulated the revised Constitution Amendment Bill. This Bill known as the 93rd Constitution Amendment Bill has been passed by both houses of Parliament and is awaiting Presidential assent[1] .
13. The provisions laid down in the 93rd Amendment Bill are as follows:
14. Recognizing the importance of Early Childhood Care and Education, the 93rd Amendment has included an explicit provision in article 45 of the Constitution under which the State shall endeavour to provide Early Childhood Care and Education to all children in the age group 0-6 years.[2]
15. The Sarva Shiksha Abhiyan (SSA) launched by the Government of India is the vehicle for implementing the Constitutional obligation under the 93rd Amendment Bill.[3]
Education for All
Thematic Area: Education, Leisure and Cultural Activities [arts. 28, 29, 31]
16. The Sarva Shiksha Abhiyan is an effort to recognize the need for improving the performance of the school system and to provide community-owned quality elementary education in the mission mode. It also envisages bridging of gender and social gaps. The objectives of SSA are:
17. The approach of SSA is community-owned. Village education plans prepared in consultation with Panchayati Raj Institutions will form the basic elementary education plans. The SSA will cover the entire country by 2002[4] with a special focus on educational needs of girls, scheduled castes and scheduled tribes and other children in difficult circumstances.
18. Some of the major initiatives taken under the SSA are:
19. The Non-Formal Education (NFE) Scheme was revised under the name “Education Guarantee Scheme and Alternative and Innovative Education “(EGS & AIE) in 2000 to improve access in education, with flexibility to cater to diverse needs of out of school children. The new scheme guarantees opening of Education Guarantee scheme schools in unreserved habitations where there are no schools within a radius of 1 km. EGS & AIE supports diversified strategies for out of school children including bridge courses, back to school camps, seasonable hostels, summer camps, mobile teachers and remedial coaching.[7]”
20. The Ministry of Human Resource Development has set up a National Level Mission under the Chairmanship of the Prime Minister.
21. The Ministry has released grants to the States/ Union Territories for starting preparatory activities in 24 non-DPEP districts and for upper primary in 59 DPEP Phase-I districts.
22. For implementing SSA, it is estimated that an amount of Rs 98,000 crores would be required over a period of ten years till 2010.[8]
23. The PAB has also approved the District Elementary Education Plans (DEEPs) of 512 districts (253 DPEP Districts and 259 non-DPEP districts) and an outlay of Rs 1106.26 crores.
24. All DPEP districts have been identified for vertical expansion of primary education towards upper primary, covering the entire elementary education stage.[9] The DPEP programme which was initially launched in 1994 in 42 districts of seven States, has now been extended to cover 271 districts of 18 States, namely, Assam, Haryana, Karnataka, Kerala, Maharashtra, Tamil Nadu, Madhya Pradesh, Gujarat, Himachal Pradesh, Orissa, Andhra Pradesh, West Bengal, Uttar Pradesh, Rajasthan, Chhattisgarh, Jharkhand and Uttaranchal.[10]
25. The Government of India, for the year 2000-2001, has increased the
investment in education to 3.91 per cent of
GDP.[11]
26. The Seventh All
India Educational Survey is now being launched by the Government of
India.[12]
27. Paras. 25, 26, 27 of page 246 stand deleted since census 2001 figures are available.[13]
Adoption
Thematic Area: Family Environment and Alternate Care [arts. 5, 18, paras.
1-2, 9-11,
19-21, 25, 27, paras. 4 and 39]
28. In order to ensure the Best Interests of the Child, as per article 21 of the Convention on Rights of the Child, revised Guidelines for Adoption of India Children (1995) have been issued by the Ministry of Social Justice and Empowerment, Government of India.
29. The Central Adoption Resource Agency (CARA), an autonomous body of the ministry is responsible for implementing these Guidelines and it works as a clearing house of all information on all matters concerning inter country adoption.[14] Certain other agencies like the Juvenile Welfare Board (JWB) and Scrutiny Agencies are also involved in the process of adoption. The JWB declares an abandoned child as legally free for adoption. The Scrutiny Agency is asked by the Court to scrutinize application of the adoptive parents before an adoption/guardianship order is issued.[15]
30. The main objective of CARA is to promote in-country adoption and regulate inter country adoption. In this regard, circulars are issued by CARA to the adoption agencies and State Governments from time to time, for carrying out adoption as per the directives of the Supreme Court of India.[16] CARA recognises Indian adoption agencies for inter country adoptions. It also recognizes Voluntary Co-ordinating Agencies, which promote in-country adoption. The recognition is granted on the basis of recommendation of the concerned State Governments.[17] The number of recognized National agencies for inter-country adoption is now 73. Similarly, 248 foreign agencies have been enlisted in more than 30 countries to sponsor inter country adoption of Indian children.[18]
40. It is encouraging to note that the number of adoptions has been increasing every year and for the year 2001 the figures are as follows2 :
In-country Adoption 1 899
Inter country Adoption 1 298
Total 3 197
Thus, the total number of adoptions that have taken place since 1995 to 2001 is as follows:[19]
In-country Adoptions 11 450
Inter country Adoptions 8 613
Total 20 063
41. CARA has undertaken a number of initiatives to make all adoptions transparent and legal. In this regard, circulars have been issued to the State Governments to arrest the trend of private nursing homes and children placed directly from nursing homes/hospital. Through the publicity and awareness programmes of CARA and its recognized agencies, the public at large are advised to avoid any secret or private adoption and, instead, to go for legal adoption.[20]
42. In addition to the above, India intends to sign and ratify the Hague Convention.3
Infant Mortality Rate
Thematic Area: Basic Health and Welfare [arts. 6, 18 para. 3, 23, 24, 26, 27, paras. 1-3]
43. The Ministry of Health and Family Welfare, Government of India is implementing several programmes for reduction of infant and child mortality. These initiatives have helped in bringing down the IMR from 70 to 68.[21] For more details please see table 1.
44. The Rajnandgaon district is presently in Chhattisgarh. The State Government has taken remedial measures through alternate water supply schemes to the affected in Rajnandgaon district.[22]
Crime against Children
Thematic Area: Special Protection Measures [arts. 22, 38, 39, 40, 37 (B)-(D), 32-36]
45. The “Childline Service”iv started first in Mumbai is now available in 38 cities—Ahmedabad, Allahabad, Alwar, Baroda, Bhopal, Bhubaneswar, Calicut, Chandigarh, Chennai, Cochin, Coimbatore, Cuttack, Delhi, Goa, Guwahati, Hyderabad, Indore, Jaipur, Kalyan, Kolkata, Kutch, Lucknow, Mangalore, Madurai, Mumbai, Nagpur, Patna, Pune, Puri, Ranchi, Salem, Shillong, Thiruvananthapuram, Tiruchirapalli, Udaipur, Varanasi, Vijaywada, Visakhapatnam. It is aimed to cover 60 more cities by the end of financial year 2002-03.[23]
46. The National Institute of Social Defence, is an autonomous body under the Ministry of Social Justice and Empowerment, Government of India.[24]
Table 1: Infant Mortality Rate
|
|||||
State/UT
|
IMR (in unit s)
|
State/UT
|
IMR (in units)
|
||
1999*
|
2000**
|
1999*
|
2000**
|
||
Andhra Pradesh
|
66
|
65
|
Nagaland
|
NA
|
NA
|
Arunachat Pradesh
|
43
|
44
|
Orissa
|
97
|
96
|
Assam
|
76
|
75
|
Pondicherry
|
22
|
23
|
Bihar
|
63
|
62
|
Punjab
|
53
|
52
|
Chhattisigarh
|
78
|
79
|
Rajasathan
|
81
|
79
|
Delhi
|
31
|
32
|
Sikkim
|
49
|
49
|
Goa
|
21
|
23
|
Tamil Nadu
|
52
|
51
|
Gujarat
|
63
|
62
|
Tripura
|
42
|
41
|
Haryana
|
68
|
67
|
Uttar Pradesh
|
84
|
83
|
Himachal Pradesh
|
62
|
60
|
Uttaranchal
|
52
|
50
|
Jammu and Kashmir
|
NA
|
50
|
West Bengal
|
52
|
51
|
Jharkhand
|
71
|
70
|
Andaman and Nicobar Islands
|
25
|
23
|
Karnataka
|
58
|
57
|
Chandigarh
|
28
|
28
|
Kerala
|
14
|
14
|
Dadra and Nagar Haveli
|
56
|
58
|
Madhya Pradesh
|
90
|
88
|
Daman and Diu
|
35
|
48
|
Maharashtra
|
48
|
48
|
Lakshadweep
|
32
|
27
|
Manipur
|
25
|
23
|
India
|
70
|
68
|
Meghalaya
|
56
|
58
|
|
|
|
Mizoram
|
19
|
21
|
|
|
|
Source: * SRS Bulletin (Vol. 35 No.1), April 2001, Registrar General,
Inida
** SRS Bulletin (Vol. 35 No. 2), October 2001, Registrar
General, India
Juvenile Delinquency
Thematic Area: Special Protection Measures [arts. 22, 38, 39, 40, 37 (B)-(D), 32-36]
47. The National Crime Records Bureau (N C R B), Ministry of Home Affairs, Government of India, has recently published the Crime in India, 2000. The latest data are given under table 23.[25]
48. The Juvenile Justice (Care and Protection of Children) Bill, 2000 has been passed by both Houses of Parliament and has now become an Act of Parliament—The Juvenile Justice (Care and Protection of Children) Act, 2000.
Table 2: Juvenile Apprehended Under IPC and SLL Crimes by
Age Group—1999-2000
|
|||||||
Year
|
7-12 Years
|
12-16 Years
|
16-18 Years
|
Total
|
|||
|
No
|
%
|
No
|
%
|
No
|
%
|
|
1999
|
4039
|
21.9
|
10311
|
55.9
|
4110
|
22.3
|
18460
|
2000
|
3292
|
18.3
|
11389
|
63.3
|
3301
|
18.4
|
17982
|
Source: Crime in India—2000, N C R B, Ministry of Home Affairs, Government of India
Table 3: Juvenile Delinquency (SLL) Under Different Crime Heads and Percentage Variation in 2000 over 1999 |
|||
Crime Head
|
Number of Cases Reported During
|
Percentage Change in 2000 over 1999
|
|
1999
|
2000
|
|
|
Gambling Act
|
113
|
131
|
15.9
|
75
|
113
|
50.7
|
|
Prohibition Act
|
733
|
519
|
-29.2
|
Immoral Traffic (P) Act
|
75
|
82
|
9.3
|
Indian Railways Act
|
105
|
78
|
-25.7
|
SC/ST (Prevention of Atrocities) Act
|
18
|
25
|
38.9
|
Source: Crime in India—2000, N C R B, Ministry of Home Affairs, Government of India
National Child Labour Projects
Thematic Area: Special Protection Measures [arts. 22, 38, 39, 40, 37 (B)-(D), 32-36]
49. The National Child Labour Projects, started by the GOI with the aim of
withdrawing children from hazardous employment and ensuring
their rehabilitation
through education in special schools, has sanctioned 100 Child Labour Projects
for rehabilitating nearly 0.21
million children in the most endemic areas
and 1,89,615 have already been enrolled in the special schools.6 For
more details please see table 4 .
Table 4: Coverage under National Child Labour
Projects[26]
|
||||
State
|
Sanctioned No. of
|
Actual Coverage
|
||
Schools
|
Children
|
Schools
|
Children
|
|
Andhra Pradesh (22)*
|
975
|
61050
|
999
|
65541
|
Bihar (8)
|
194
|
12200
|
194
|
12016
|
Karnataka (5)
|
190
|
9500
|
105
|
5222
|
Madhya Pradesh (8)
|
237
|
14500
|
140
|
7408
|
Maharashtra (2)
|
74
|
3700
|
61
|
3184
|
Orissa (18)
|
696
|
39550
|
628
|
34932
|
Rajasthan (6)
|
180
|
9000
|
136
|
6800
|
Tamil Nadu (9)
|
425
|
21900
|
414
|
20654
|
Uttar Pradesh (11)
|
370
|
22500
|
307
|
18567
|
West Bengal (8)
|
346
|
17350
|
279
|
13941
|
Punjab (3)
|
107
|
5350
|
27
|
1350
|
Grand Total (100)
|
3794
|
216600
|
3290
|
189615
|
*Figures in brackets indicate Districts.
Source: D.O. No
S-27022/1/97-CL dated March 7, 2002, Ministry of Labour, Government of
India
50. The Government is also considering ratification of ILO Convention 182.[27]
Trafficking of Children for Commercial Sexual Exploitation
Thematic Area: Special Protection Measures [arts. 22, 38, 39, 40, 37 (B)-(D), 32-36]
51. India signed the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution on 5 January 2002. As a signatory, India has committed itself to cooperation with member States in order to implement the Convention.
52. The Government of India has, in December 2001, launched a scheme called Swadhar for recovery and reintegration of trafficked victims. The scheme is meant for women in difficult circumstances, including women and children rescued from trafficking. It provides the funds for the immediate shelter of rescued victims, counselling, social and economic rehabilitation through education and skill upgradation, medical and legal support. This holistic programme is implemented in partnership with NGOs.
53. To combat the trafficking of women and children for commercial sexual exploitation, the Department of Women and Child Development has formulated Grant in Aid Schemes addressing the issue of trafficking, with specific need-based focus on prevention at source areas and rescue and rehabilitation at destination areas. The project for prevention at source areas emphasizes the empowerment of the girl child and women through awareness generation, education and vocational training, poverty alleviation, microcredit schemes through women’s groups and self-help groups and the involvement of Panchayats, the grass-roots democratic institutions. In destination areas, the emphasis is on rescue and rehabilitation. These schemes are implemented in partnership with the NGOs.
54. The response to the Swadhar and Grant in Aid schemes has been very positive. So far 11 projects catering to the needs of 565 rescued women at a total of over Rs 2 crores have been sanctioned. Projects to the tune of Rs 15 crores are under process at various stages for sanction.
______________________________________________________________________________
The preparation of this report has been guided by the participation and information supplied from related ministries of the GOI, from State Governments, NGOs and experts, from citizens and children. Other than from governmental sources, data from a vast array of non-governmental sources and from international organizations, have been incorporated, so as to make the Report as comprehensive and broad based as possible. However, these inclusions should not be understood as authentication of same.
ACTION TAKEN ON THE CONCLUDING OBSERVATIONS OF THE
UNITED NATIONS COMMITTEE ON CHILD RIGHTS
55. India submitted its Initial Report on the implementation of the CRC in 1997. This was reviewed by the United Nations Committee on Child Rights in January, 2000. Below are defined key initiatives being undertaken by various Departments of the Government of India (GOI), which address some of the observations and recommendations of the Committee.
A. General measures of implementation
Legislation
56. GOI is in the process of undertaking a comprehensive review of the legislation concerning children. This will also be done by the National Commission for Children which will be established very shortly. Meanwhile, various processes to review and amend laws concerning children are under way. Some of the amendments that have already been made are as follows:
(a) The Juvenile Justice Act has been repealed and replaced by a new legislation called the Juvenile Justice (Care and Protection of Children) Bill, 2000;
(b) The Cable Television Network Rule has been amended. For more details refer to the section on General Measures of Implementation;
(c) A National Commission for Children (NCC) for protecting the rights of children is on the anvil. The NCC will have statutory powers to inquire into violations of child rights. It shall review all the laws pertaining to children and make recommendations in order to harmonise them with the provisions of the CRC;
(d) The Law Commission has reviewed the Code of Criminal Procedure and is likely to undertake a comprehensive review of the Indian Penal Code and the Indian Evidence Act;
(e) Other measures being contemplated include an amendment to the Infant Milk Substitutes. Feeding Bottle and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 to strengthen its provisions to promote breastfeeding;
(f) Government have initiated the process for ratification of Convention No. 182 on the Worst Forms of Child Labour and to specify the minimum age for admission to employment and work. The above have been dealt in detail under relevant sections of the Report.
57. The Government has taken all measures to implement the orders issued by the Courts in India. (For details please refer to pages 5-8 in the section on General Measures of Implementation.)
Coordination
58. The National Plan of Action for Children, 1992 was developed after the World Summit. Its progress has been assessed. However, this will be reviewed and modified keeping the child Rights approach in mind. (For more details, please see pages 8-9 of the section on General Measures of Implementation.)
59. With the objective of strengthening co-ordination at the GOI level, a National Co-ordination Mechanism was constituted by DWCD for monitoring the implementation of the CRC. (For details please refer to page 11 of the section on General Measures of Implementation.) Training for different categories of people is being carried out by the Government. However, there is a need for systematic capacity building of local authorities. (For details please refer to pages 21-25 of the section on General Measures of Implementation.)
Independent/Monitoring Structures
60. India has a very well-developed statistical system and it is one that the country is justifiably proud of. The office of the Registrar General of India, the National Sample Survey Organization, the International Institute of Population Sciences and other organizations conduct regular surveys on a large set of child indicators and report trends at the National, state and district levels. (For details please refer pages 13-16 of the section on General Measures of Implementation of this Report.)
61. Status of disaggregated data of all persons under 18 years of age by State, sex, rural/urban, SC/ST is available for literacy rate, school enrolment, sex ratio, IMR (0-1), IMR (0-5), malnutrition, disabilities, child labour and partially available for street children, refugee children and children affected by terrorism and insurgency. However, data collection needs to be strengthened on all issues under the CRC.
62. A National Commission for Children (NCC) for protecting the rights of children is on the anvil. The NCC will have statutory powers to inquire into violations of child rights. (For details please refer page 7 of the section on General Measures of Implementation of this Report.)
Allocation of Budgetary Resources
63. While utmost priority is given to children in policymaking, the budgetary allocations are sometimes less than desirable. There is a need for advocating greater resource allocation for children and analysis of the impact of budgets and new policy decisions. (For details please refer page 36 of the section on General Measures of Implementation.)
Cooperation with NGOs
64. While one observes an increased participation by several stakeholders in the dissemination and discussion on child rights at national and decentralised levels, it is evident that these need to be more comprehensive. It is becoming clear that a systematic plan for spreading awareness among different groups, mobilising action and dialogue within civil society on child rights is necessary and would need to become a key area for the National Co-ordination Mechanism on CRC implementation to monitor. (For details please refer to page 17 of the section on General Measures of Implementation of this Report.)
65. During the preparation of the Second Country Report, NGOs were involved at the regional and state levels to give their inputs. The Planning Commission is in the process of preparing strategy papers for the 10th Five-Year Plan. NGOs have been co-opted to give their views for preparation of the strategy papers.
Training/Dissemination of the Convention
66. The size and complexity of India and the structure of the GOI makes it difficult to capture and define a national overview of the capacity development initiatives that have been put in place for accelerating the implementation of CRC. Training for different categories of people have evolved in response to the need to sensitise programme staff on child rights. The NGOs, staff or organisations working with child labour, inspectors, police officials and children themselves have been key targets for CRC training programmes. This has to percolate to the level of field functionaries of different programmes, parents and community members. It is necessary to undertake a comprehensive review of training efforts on child rights in different parts of the country and develop a systematic capacity development strategy for progressive implementation of child rights. (For more details please refer to pages 21-23 of the section on General Measures of Implementation of this Report.)
B. Definition of the Child
67. Minimum Legal Age has been defined for issues such as marriage, sexual consent for girls, voluntary enlistment in the armed forces, admission to employment or work, criminal responsibility, juvenile crime, capital punishment and life imprisonment.
68. In the Juvenile Justice (Care and Protection of Children) Act, 2000 the definition of the boy child has been increased to 18 years (in consonance with the girl child). Boys up to 18 years will be kept in the special homes only and will not go to jail. (For more details refer to page 43-46 of the section definition of the child.)
C. General Principles
The Right to Non-Discrimination
69. As a first step in the process of instituting social justice, two exclusive Ministries, i.e., the Ministry of Social Justice and Empowerment for SCs, OBCs and Minorities in 1998 and the Ministry of Tribal Affairs in 1999 have been set up to extend focused attention to these individual groups. Special efforts to safeguard interests of disadvantaged groups needs to be taken up on a priority basis. Although, voluntary organizations/NGOs have been playing a vital role in assisting Government in reaching rural and far flung tribal areas, they are uneven, in their distribution and are urban oriented. Therefore, all grant-in-aid schemes for NGOs have been recently reviewed and it has been suggested to enlarge the scope and coverage. The pace of progress of expenditure in the Backward Classes Welfare Sector appears to be satisfactory. However, a qualitative assessment of the progress will be made to assess improvement in the status of these socially disadvantaged groups.
70. To ensure effective enforcement of the Protection of Civil Rights Act, 1955 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, a definite plan of action ensuring preventive, investigative and rehabilitative measures are being taken in those areas/districts where incidence of crimes/atrocities/violence is high against the weaker sections. Another measure to ensure social justice was the commitment on the part of the government for a complete removal of the inhuman practice of manual scavenging by the year 2002 through a nation wide scavengers scheme of liberation and rehabilitation of scavengers and their dependants. As the progress of this scheme is very tardy, steps are being taken to activate the States/Uts to fulfil the commitment.
71. The Government has taken several initiatives to prevent discrimination of the girl child. One of the initiatives is that of Meena. The Meena series present positive images of girls, succeeding in making a strong case for receiving equal and fair treatment. Meena episodes have their basis in the CRC and the CEDAW. Some of the issues covered by Meena are girls education, equal opportunity for girls, health, dowry, sanitation and hygiene, and early marriage. (For more details please refer to pages 54-64 of the section on Non-Discrimination of this Report.)
Respect for the Views of the Child
72. It is indeed welcome that there is a gradual increase in the initiatives to promote child participation in many parts of the country. The initiatives vary in content and comprehensiveness from participation in activities, to expression of views in matters that affect their lives as well as that of other in many parts of the country. As one examines the implementation of this aspect of the Convention, it is evident that progress have been made in this area through the active intervention of NGOs. Some of the States such as Rajasthan and Uttar Pradesh have taken a lead in this regard. It is time that other States/Uts follow their example. Training of teachers, social workers and local officials is being carried out for implementation of such programmes. This issue is evolving rapidly. (For details please refer to pages 72-76 of the section on Respect for the views of the Child of this Report.)
D. Civil Rights and Freedom
Name and Nationality
73. The Office of the Registrar General of India is undertaking several measures to improve the Civil Registration System (CRS). Newspaper advertisements, televisions spots, radio jingles, posters, stickers and cinema slides are some of the measures currently being used to sensitise and mobilise public opinion on the need and importance of birth registration. Training and workshops are being organised for registry personnel. (Details of these measures have been dealt with on pages 81-84 of the section on Names and Nationality of this Report.)
Right not to be Subjected to Torture or Other Degrading Treatment or Punishment
74. The new legislation called Juvenile Justice (Care and Protection of Children) Act, 2000 prohibits any kind of torture or other cruel, inhuman or degrading treatment or punishment juveniles. (For details please refer to page 94 of the Section on Right not to be Subjected to Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment.)
E. Family Environment and Alternate Care
Adoption
75. India is not a party to the Hague Convention. However, the country already has an institutional mechanism envisaged under the Convention, i.e. Central Adoption and Resource Agency (CARA) which has been constituted to act as a clearing house of information regarding children available for inter-country adoption. It also acts as a nodal agency for receiving applications from prospective parents and forwarding them to recognized child welfare agencies (For details please refer to pages 120-124 of the section on Adoption.)
Violence/Abuse/Neglect/Maltreatment
76. Corporal punishment in families is usually not reported, as the family in India is a private Institution. There is no national legislation against corporal punishment. However, a number of States, Delhi being one of them, have enacted legislation banning corporal punishment in schools. The GOI has also issued instructions to the States to prevent corporal punishment in schools. (For details, please refer to page 127 of the section on Abuse and Neglect including Physical and Psychological Recovery and Social Reintegration of this Report.)
F. Basic Health and Welfare
Disabled Children
77. The GOI is taking several measures to effectively implement the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Awareness campaigns and training programmes for persons working with disabled children is an ongoing programme of the Ministry of Social Justice and Empowerment. However, only an estimated five-percent of population with disabilities has been reached by any kind of service.i Even voluntary effort is largely confined to urban and semi-urban areas. (For details please refer to pages 203-209 of the section on disabled children.)
78. India does not have Integrated Management of Child Illness Strategy. However, the RCH Programme has integrated many of the issues laid out in the strategy. One of them is to extend maximum coverage by improving accessibility, especially for women, adolescents, socio-economically backward groups, tribals and slum dwellers, with a view to promote equality. (For more details please refer to pages 135-136 of the section on health and Health Services.) The GOI has undertaken studies to determine the socio cultural factors which lead to practices such as female infanticide and selective abortions.
79. The GOI has already taken steps to strengthen the existing Reproductive and Child Health Programmes. This programme integrates all family welfare and women and child health services with the explicit objective of providing beneficiaries with need-based, client-centred, demand-driven, high-quality, integrated RCH services. A comprehensive Draft National AIDS Prevention and Control Policy has been formulated, on various issues related to the prevention and control of HIV/AIDS in the country. The IEC Strategic Plan for AIDS prevention and Control Programme in India includes a variety of communication strategies for raising awareness, behavioural change and social mobilisation. The area of focus includes Family Awareness Campaigns and Prevention and Treatment of STD/RTI, Campaigns for Youth, School AIDS Programme, Women, Stigma and Discrimination, Voluntary Blood Donations and Advocacy. (For details please refer to pages 135-188 of the section on Health and Health Services.)
Right to Adequate Standard of Living
80. The GOI is implementing an Integrated Programme for Street Children and also a Programme for Juvenile Justice. These Programmes look into the needs of children who are victims of physical, sexual and substance abuse. (For details please refer to pages 364-365 of the section on Physical and Psychological Recovery and Social Reintegration of the Child.)
G. Education, Leisure and Cultural Activities
Rights and Aims of Education
81. The 83rd Amendment Bill of the Constitution of India is under consideration in the Parliament. A comprehensive review of the education situation was taken in November 1999 by the Department of Education. One of the steps to be identified in the review was to enact legislation for providing free and compulsory elementary education to all children in the age group of 6-14 years. (For details please refer to pages 244-245 of the section on Education, including vocational training and guidance.)
82. The Government has taken considerable measures to address disparities in access to education. Education of the girl child. Special Educational Development Programmes for Scheduled Caste girls. Non Formal Education, Education for the SCs/STs and Minorities, Children with Special Needs are some of the initiatives taken in this regard. (For details please refer to pages 294-302 of the section on Education, including vocational training and guidance.)
83. The performance of the NFE scheme has been reviewed and also has been evaluated by the Planning Commission. Based on their recommendation, action has been taken to revise the scheme and call it the Scheme for Alternate and Innovative Education. One of the salient features of the scheme would be to ensure quality of NFE. (For details please refer to pages 299-301 of the section on Education, including vocational training and guidance.)
84. The concept of value orientation of education has a prominent place in the Five-Year Plans of India. The Standing Committee of the Parliament on HRD has laid stress on universal human values of truth, right conduct, peace, love and environment. A Division has been created on ‘Education in Human Values’ in the Ministry of Human Resource Development. The Division has taken a large number of steps that have far-reaching consequences and effects on value education at all levels in the country. The Government has introduced human rights issues in the curricula. NCERT has started the process to include the CRC in the school curricula. (For details please refer to pages 308-315 of the section on Aims of Education.)
85. The Government has introduced Human Rights Issues in the Curricula. (For details please refer to pages 312-313 of the section Aims of Education.) National Curriculum Framework for School Education has introduced CRC in Schools. The process for its integration in the school curricula will be started.
H. Special Measures of Protection
Unaccompanied. Asylum Seeking and Refugee Children
86. India has been more liberal than most States in practice, by according special facilities for education, shelter and food for the refugees, thus fulfilling the provisions of the 1951 Convention and the 1967 Protocol. (For details please refer to page 331 of the section on Refugee Children.)
Children and Armed Conflict, and Their Recovery
87. One of the key priorities of the GOI in this area is to ensure a special focus on children in the National Disaster Relief Plan and contingency plans to meet emergency situations including situations of conflict. (For details please refer to pages 339-340 of the section on Children in Armed Conflict.)
Economic Exploitation
88. The reservation made with respect to article 32 of the Convention does not in any way dilute the government’s resolve to eliminate child labour. The Government is regularly reviewing the position regarding the progressive implementation of the provisions of article 32 of the CRC. (For details please refer to page 3 of the section on General Measures of Implementation.)
89. The Child Labour (Prohibition and Regulation) Act, 1986 seeks to achieve this basic objective and the government is taking all measures to implement the Child Labour Act, Bonded Labour Act, and Employment of Manual Scavengers Act. Their implementation is gathering momentum. (For details please refer to pages 373-375 of the section on Economic Exploitation.)
90. The Implementation of the directions of the Supreme Court is being monitored by the Ministry of Labour and compliance of the directions reported to the Honourable Court on the basis of the information received from the State/UT Governments.
91. As its ongoing efforts, the Ministry of Labour carries out campaigns against child labour and training of civil organisations, government officials and law enforcement officials. (For details please refer to pages 376-377 of the section on Economic Exploitation.)
92. Rapid Assessment of child Labour has been undertaken in four districts under NCLP. It is planned to undertake such studies in another 29 districts under NCLP. (For details please refer to page 380 of the section on Economic Exploitation.)
93. The GOI has initiated action on a central legislation specifying minimum age for admission to employment and work. The provisions of the proposed legislation have been drawn from the Minimum Age Convention, 1973. The Government also proposes to ratify the ILO Convention No. 182 (Worst Forms of Child Labour Convention).
Drug Abuse
94. In order to tackle the problem of drug abuse in the country, the Government has adopted a two-pronged strategy of supply control and demand reduction of drugs. (For details please refer to page 386 of the section on Drug Abuse.)
Sexual Exploitation and Abuse
95. The Supreme Court of India passed the important judgement on the subject of commercial sexual exploitation of children and women in the case of Gaurav Jain vs Union of India on 9 July 1997. The GOI has taken a number of steps in pursuance o the judgement. (For details please refer to pages 394-397 of the section on Sexual Exploitation and Abuse.) The Indian Penal Code (sections 361, 366, 366A, 366B, 372 and 373) already contains several provisions, which make kidnapping unlawful. (These provisions have been dealt in detail on page 400 of the section on Sale, Trafficking and Abduction.)
96. CHILDLINE Service has been initiated by the Government for children in distress and to respond to children in emergency situations and refer them to relevant Government and Non-Governmental organisations. (For details please refer to page 365 of the section on Physical and Psychological Recovery and Social reintegration of the Child.)
97. The State Departments of Women and Child Development are implementing various schemes for the welfare of devdasi girls. (For details please refer to pages 395-396 of the section on Sale, Trafficking and Abduction.)
98. The Convention on Preventing and Combating Trafficking of Women and Children into Prostitution has been drafted and is expected to be ratified at the next SAARC Summit. This Convention seeks to take measures to prevent cross-border trafficking through proper international governmental coordination as well as harmonizing various laws and legal provisions relating to trafficking and rehabilitation of rescued victims.
99. The GOI is in the process of amending the Immoral Traffic (Prevention) Act, 1956 (ITPA) and making punishment for traffickers more stringent and putting greater criminal culpability on them. For this purpose, the National Commission for Women has recently sponsored country wide consultations and proposed certain recommendations which are being processed for preparing an Amendment Bill.
100. India is in the process of ratifying the international Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.
Administration of Juvenile Justice
101. The Juvenile Justice (Care and Protection of Children) Bill, 2000 replaces the existing Juvenile Justice Act, 1986. It takes into account the CRC and other Relevant International Treaties. This law has a child friendly approach and provides for proper care, protection and treatment and also for ultimate rehabilitation of children in need of care and protection. (For more details please refer to pages 340-356 of the section on Administration of Juvenile Justice.)
I. Dissemination of the Report
102. The GOI has initiated a number of measures for dissemination of the Report. The key observations and recommendations have been presented at major meetings and forums on children’s issues at national, state and district levels. The Concluding Observations are being widely disseminated through meetings and workshops, to NGOs and general public seeking information and through the internet. (For more details please refer to pages 19-20 of the section on General Measures of Implementation of the Report.)
SECTION I
GENERAL MEASURES OF IMPLEMENTATION
(Arts. 4, 42
and 44, para. 6, of the Convention)
103. As an affirmation of its strong commitment towards children, and to mainstream women in the process of development, the Government of India (GOI) set up the Department of Women and Child Development (DWCD) in 1985. The creation of a separate department was a landmark step in bringing child-related issues to the centrestage. Shortly after this, the Convention on the Rights of the Child (CRC) was adopted by the UN in 1989. In 1992, just three years later, India acceded to the CRC, becoming one of the first few countries in the world to do so. This quick accession to the CRC is proof of India’s firm resolve to promote the best interests of its children.
104. While acceding to the CRC, India had declared with regard to article 32 that “While fully subscribing to the objectives and purposes of the Convention, realising that certain rights of the child, namely, those pertaining to the economic, social and cultural rights can only be progressively implemented in developing countries, subject to the extent of available resources and within the framework of international cooperation, recognising that the child has to be protected from exploitation of all forms, including economic exploitation; noting that for several reasons, children of different ages work in India; having prescribed minimum wages for employment in hazardous occupations and in certain areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in India—the GOI undertakes measures to progressively implement the provisions of Article 32, particularly paragraph 2 (a), in accordance with its national legislation and relevant international instruments to which it is a State Party”.
105. This reservation does not in any way dilute the Government’s resolve to eliminate child labour. It only seeks to present the ground realities and to ensure the best interests of the country with respect to any possible misinterpretation in the present global context of economic liberalisation. The Government is regularly reviewing the position regarding the progressive implementation of the provisions of article 32 of the CRC, and it has initiated the process for specifying the minimum age for admission to employment and work, in view of the commitments under the CRC and the Minimum Age Convention, 1973. The Government is also proposing to ratify the ILO Convention on the Worst Forms of Child Labour (Convention 182). Most elements of the worst forms of child labour, which the ILO Convention seeks to eliminate, are already prohibited under the CRC.
Legislative measures
106. India is governed by the Constitution which came into force on 6 January, 1950. The Constitution offers all citizens, individually and collectively, certain basic freedoms in the form of six broad categories of Fundamental Rights which are justiciable. These include the right to equality, right to freedom of speech and expression, right against exploitation, right to freedom of religion, right to conserve culture and the right to constitutional remedies for the enforcement of Fundamental Rights. The Constitution also lays down certain Directive Principles of State Policy which, though not justiciable, are fundamental in the governance of the country, and it is the duty of the State to apply these Principles while framing laws. The Directive Principles lay down that the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order based on justice—social, economic and political. They also lay down that the State shall provide opportunities and facilities for children to develop in a healthy manner, and for free and compulsory education for all children up to the age of 14 years. A distinctive feature of the Indian Constitution is that the chapter on Fundamental Rights recognises children as persons entitled to fundamental rights, and this concept has been an accepted part of the domestic legal tradition from the time the Constitution was adopted. Several countries in South Asia have followed the precedent set by India and incorporated chapters on fundamental rights in their national constitutions.1
107. The major provisions of the Constitution relating to children are:
Fundamental Rights
Article 14: “The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.”
Article 15: “The State shall not discriminate against any citizen. Nothing in this Article shall prevent the State from making any special provisions for women and children.”
Article 21: “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
Article 23: “Traffic in human beings and begar and other forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.”
Article 24: “No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”
Directive Principles of State Policy
Article 39: “Right of children and the young to be protected against exploitation and to opportunities for healthy development, consonant with freedom and dignity.”
Article 42: “Right to humane conditions of work and maternity relief.”
Article 45: “Right of children to free and compulsory education.”
Article 46: “To promote educational and economic interests of weaker sections to protect them from social injustice.”
Article 47: “The State shall endeavour to raise the level of nutrition and standard of living and to improve public health.”
108. Some very relevant and crucial constitutional provisions relating to children are included in the chapter on Directive Principles of State Policy, which are of guidance to the State and cannot be claimed legally. The State should strive to convert these principles into fundamental rights at the earliest so that all the rights of children can be legally asserted and their withdrawal under any circumstances not permitted. The proposed 83rd Constitutional Amendment seeking to make elementary education a fundamental right, is a step in this direction.
109. It is noteworthy that in the last three decades several major policies and action plans have been announced for improving the status of children. These include:
110. All the initiatives and programmes for the development of children have been backed by strong legislative support and political will. Primary amongst these are:
111. The commitments undertaken by India under the CRC require that legislative, administrative and other measures follow to implement specific policies which have been recognised as crucial to realising the rights articulated in the CRC, for example, a review and revision of all laws pertaining to children. Inherent in this exercise is also an obligation to review the manner in which existing laws are implemented. Accordingly, various processes along these lines have been initiated since the time the GOI acceded to the Convention.
112. Within this context, the decision of the Ministry of Information and Broadcasting to amend the Cable Television Networks Rules, 1994 (G.S.R. 710 (E), dated 8 September, 2000), is significant. This amendment categorises certain broadcasts as not suitable for “unrestricted public exhibition” and prohibits the broadcast of any advertisement that promotes directly or indirectly the production, sale or consumption of:
(a) Cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants;
(b) Infant milk substitutes, feeding bottles or infant foods.
113. The Government of Delhi has amended Sections 8 and 9 of the Delhi Anti-smoking and Non-smokers Health Protection Act, 1996, in January 2001, making it illegal to sell cigarettes and other tobacco-based products to persons below the age of 18 years. Storing, selling and distributing cigarettes or other tobacco-based products within 100 metres of schools, colleges and educational institutions are illegal. Any violation of this law could lead to a fine of up to Rs 500 for the first offence and Rs 1,000 for the second offence with imprisonment of up to three months.
114. Following an order of the High Court in December 2000, Rule 37 of the Delhi School Education Act, 1973, allowing for corporal punishment for children has been struck down. The Court staunchly upheld the child’s right to life and referred to the provision provided to this effect in the Constitution, the National Policy on Education and the CRC. The Court defined the rights of the child in its widest sense of the term, “encompassing all that which gives meaning to life and makes it wholesome and worth living, something more than mere survival or animal existence”.
115. The amendment to the Cable Television Network Rule is a bold step, as the revenues from advertising of cigarettes and other tobacco products, wine and other intoxicants, infant milk substitutes, bottles and infant foods are substantial. The impact of advertising, particularly on children, has been documented and it is expected that this notification will lead to the deglamourisation of these products in the eyes of both children and adults alike. Additionally, the amendment regarding the prohibition of sale of tobacco products near schools is in recognition of the fact that children under the age of 18 years now form one of the largest growing markets for these products. The observations of the High Court while striking down the provision on corporal punishment are extremely heartening. They are proof of the judiciary’s sensitivity towards children and its recognition of the need to protect the rights of the child and to implement the provisions of the CRC.
116. In addition to these steps, the Government is considering introducing amendments to existing Acts and also new legislation to protect the best interests of the child. Some important measures proposed are:
117. Other measures being contemplated include an amendment to the Infant Milk Substitutes, Feeding Bottle and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, to strengthen its provisions to promote breastfeeding. Action has been initiated to ratify ILO Convention 182 on the Worst Forms of Child Labour and to specify the minimum age for admission to employment and work.
118. A unique feature in India in recent times has been the active role played by the judiciary and the Supreme Court, in particular, in upholding the rights of the child. The Supreme Court of India has developed the concept of jurisdiction under which any individual can approach the Court with regard to the violation of a fundamental right. The Supreme Court has also modified traditional concepts by allowing groups of persons or organisations to intervene on violations of fundamental rights even though they may not have a personal interest in the matter. Though group interests are pursued through social action litigation as a matter of public concern, the development is broader in scope than public interest litigation that is familiar to American jurisprudence. This concept of “social action litigation” in India represents an effort to use the legal system to ensure action to realise constitutionally guaranteed rights. A former Chief Justice of the Indian Supreme Court, Justice Bhagwati, reflected this perception of social action litigation in many of his pronouncements in decided cases and other forums. Social action litigation, in his view, is an effort to “further the cause of justice to socially and economically disadvantaged groups”.
119. Some of the most important examples of social action litigation for children are the following cases, each of which has been a landmark in the process of ensuring children’s rights:
(a) Laxmikant Pandey vs. Union of India [1984] INSC 25; [AIR (1984) SC 469, AIR (1986) SC 276, AIR (1987) SC 232] on Adoption;
(b) Shiela Barse vs. Union of India [AIR (1986) SC 1883, AIR (1988) SC 2211] on Trafficking of Children;
(c) Unni Krishnan vs. State of Andhra Pradesh [1993 1 SC 645] on Education;
(d) M.C. Mehta vs. State of Tamil Nadu [JT (1990) SC 263] on Child Labour;
(e) Gita Hariharan vs. Reserve Bank of India [(1999) 2, SC 228] on Guardianship;
(f) Centre for Enquiry into Health and Allied Themes (CEHAT) & Others vs. Union of India & Others [(2000) SC 301] on implementation of Pre-natal Diagnostic Techniques, Regulation and Prevention of Misuse, Act (PNDT).
120. While these cases will be dealt with in detail later in the report, it would be worthwhile to note the observations of the Court in the M.C Mehta case:
“The gamut of the Convention covers the full personality of the child in every dimension. Having acceded to the said instrument, that very fact is reinforcement of the tryst of the Republic with the children of India which shall be redeemed. A constellation of legislations have been enacted and many occupations and processes have been prohibited for children. Quite a few directives have been issued to the States, particularly to abolish child labour, and the Court has been at pains to pragmatise the whole situation. The right to free and compulsory education of children has been, by Court ruling, given the status of a fundamental right. The finest investment in the future for any country to make is in nourishment, physical and mental, to babies, boys and girls.”
121. The emergence of the judiciary as a champion of child rights is one of the most encouraging and significant developments in recent times. The influence and role of the judiciary will be a crucial factor in sensitising the other arms of the Government on child rights and in activating the provisions of the CRC.
122. The Constitution of India, through its Preamble, Fundamental Rights and Directive Principles of State Policy, provides for basic human rights for the people of India. In case of violations, an aggrieved person can approach a Court of Law or any competent authority such as the National Human Rights Commission, the State Human Rights Commission, etc., for redressal.2 The provisions of the CRC can be directly invoked before Courts, Commissions and other bodies in India. Wherever the provisions are reflected in the laws of the land, they are justiciable and any violation of these rights will lead to their restoration and to the imposition of penalties on the offending party. The CRC, in fact, has been a guiding document for several judicial pronouncements in India.
123. The DWCD is the nodal department in the Government for all issues pertaining to children and it is invariably consulted on all major initiatives relating to children, including amendments to existing legislation, or introduction of new legislation. This process enables the Government to reduce the possibility of any conflicts. Moreover, since the principles underlying the Convention are the same as those underlying the Constitution of India, there is little or no likelihood of any conflict arising between the Convention and national legislation.
National strategy for children
124. In September 1990, heads of State and other leaders from over 70 nations assembled in New York at an unprecedented meeting to lay down specific goals pertaining to the rights of children to survival, development and growth to be achieved by the end of the decade. Following the World Summit, India commenced the formulation of a National Plan of Action to actualize the promises made by the global community by setting out national, quantifiable goals to be achieved by the year 2000. The National Plan of Action for Children was a result of close interaction both within the government as well as outside with representatives of civil society. It reflects the needs, rights and aspirations of over 300 million children in the country and sets out quantifiable indicators to be achieved within a specific time-frame. The priority areas in the National Plan of Action are health, nutrition, education, water, sanitation and environment. The Plan gives special consideration to children in difficult circumstances and aims at providing a framework, through the goals and objectives, for actualisation of the CRC in the Indian context. It also lists out activities to achieve these goals, and identifies quantifiable targets in terms of 27 survival and development goals laid down by the World Summit for Children. Most of the goals laid down by the World Summit were incorporated in the Plan of Action but a few were modified to suit India’s requirements. In order for the goals, objectives and activities of the Plan to be more need-based and area-specific, the Central Government urged all the State/UT Governments to prepare State Plans of Action for Children, reflecting regional specificities. In response, almost all the major States have adopted State Plans of Action for Children. The mid-decade and decadal goals have been constantly monitored by a high-powered inter-ministerial committee in the Department of Women and Child Development.
125. Of the 27 goals identified by the World Summit for Children, India modified and expanded upon 12 of the goals when finalising the National Plan of Action. The major goals of the World Summit are:
126. The National Plan of Action has added to the goals of the World Summit by emphasising the “Girl Child” and the “Adolescent Girl”. It also includes goals on the child and environment, and on gender advocacy and people’s participation. The National Plan of Action has also modified some of the goals to adapt them to the situation in India, e.g. reduction of infant mortality rates to less than 60 per 1,000 live births instead of to 50 as given in the goals of the World Summit for Children.
127. The United Nations Special Assembly on Children (UNGASS) will be held in September 2001 in New York. World leaders will assemble to review the progress of the decadal goals and to lay down the course of future action. India has recently submitted a report on the follow-up action to the World Summit goals. India’s report card is mixed—high performance in some areas contrast with slow progress in others. Guinea-worm disease has been eradicated and the country is very near to eradicating polio with only 265 reported cases of the wild polio virus. The IMR has declined to 70 and 20 of India’s states have achieved the goals of IMR of 60 and less. The literacy rate in India went up to 65.4 per cent in 2001 from 52.2 per cent in 1991. During this period male literacy increased from 64.1 per cent to 76 per cent and female literacy rose from 39.3 per cent to 54.3 per cent. The status of indicators after the end-decade review of the World Summit goals is in the Annexure to this report.
128. A question has been raised as to whether a separate Action Plan for achieving child rights is required. This chapter has brought out the wide array of initiatives in India, from the Constitution to legislative support to programmes and policies. Nonetheless, gaps in the actual realisation of rights do exist for a very large number of children. An Action Plan that would enable all partners such as the Government and civil society to maximise the benefits of all efforts, rather than reiterate existing provisions, would be of immense value.
129. It is abundantly clear that much more—in terms of resources, capacity and commitments—is required if India is to realise the goals for children. While in terms of percentages, India has recorded fairly impressive gains, in absolute numbers, the children who are deprived of their rights in India is staggering. For instance, there are over 17 million child labourers at a conservative estimate—more than three times the population of Denmark. With respect to child labour elimination and tackling the debt-poverty-illiteracy cycle, it is imperative that steps are taken to break the vicious cycle through multi-dimensional interventions through constant dialogues with employers, international agencies and NGOs. At the present pace, the burgeoning population will always be ahead of all development and it is imperative therefore, that the speed of social sector development is increased.
Special government mechanisms set up to promote, coordinate and monitor measures for children at central and district levels
Nodal ministry/department
130. The DWCD, set up in 1985, in the Ministry of Human Resource Development is the nodal agency responsible for matters concerning women and children at the central level. The Minister for Human Resource Development and the Minister of State for Human Resource Development head the Department, while personnel comprise a mix of civil servants and technocrats. The State Governments also have a Department of Women and Child Development, each with a similar organisational structure. The Department formulates plans, policies and programmes, enacts/amends legislation, and guides and coordinates the efforts of both governmental and non-governmental agencies in the field of women and child development. The DWCD has the responsibility for a wide range of child development programmes and as being the nodal department for the implementation of the CRC and for coordinating the CRC reporting process, it has a strong children’s agenda. It plays a complementary role to the other developmental programmes in sectors such as health, education and rural development.
131. The most important programme that the DWCD implements is the Integrated Child Development Services (ICDS) — a scheme which is considered the world’s largest outreach programme providing a package of services comprising supplementary nutrition, immunisation, health check-up and referral services, pre-school education, health and nutrition education to almost 30 million children under the age of six years, adolescent girls, and expectant and nursing mothers all over the country. The DWCD has also steered the adoption of a National Nutrition Policy (NNP), the setting up of the National Creche Fund (NCF) and a scheme for girl children called the Balika Samriddhi Yojana (BSY)—Scheme for the Prosperity of the Girl Child. The DWCD also manages the National Children’s Fund which provides financial assistance to initiatives not covered by any other Government scheme. The mandate and schemes of the DWCD have evolved over the last 15 years and there is an effort to review this periodically in light of the obligations arising from the implementation of the CRC.
132. The DWCD is responding to immediate issues arising from the CRC reporting process and it is trying to influence other ministries and departments that are concerned with children’s issues and which operate programmes and schemes that impact on children.
133. Amongst support organisations, the National Institute of Public Cooperation and Child Development (NIPCCD), which was set up in 1975 under the DWCD, is expected to provide a comprehensive perspective on the status and needs of children and women through development, research and networking. It has been given the task of developing and promoting voluntary action in social development. In pursuit of the CRC and the National Policy for Children, it is expected to develop and promote measures and programmes for coordinating governmental and voluntary action in social development. It provides membership to institutions, non-governmental organisations and is simultaneously responsible for capacity building of NGOs through training, exposure visits and workshops. Its Resource Centre on Children provides documentation and information services in the field of public cooperation and child development. The National Resource Centre on Child Labour (NRCCL) was set up in March 1993 with the objective of assisting Central and State Governments, NGOs, policy makers, legislators and social groups through a variety of interventions and to develop capabilities of the target groups. The NRCCL has compiled a large documentation on child labour and is now assisting the Ministry of Labour, GOI, in the implementation of Child Labour Projects. Besides collaborating with ILO, UNICEF and various State Labour Institutes, the NRCCL has established a network with about 400 NGOs and trade unions for the purpose of assisting them in the implementation of child labour programmes.3
134. A number of ministries, departments and autonomous institutions are responsible for many important aspects of the CRC in the Central and State Governments. These include the Department of Education, Ministry of Health and Family Welfare, Ministry of Social Justice and Empowerment and the Ministry for Labour. The values and principles contained in the CRC are being incorporated in the Government’s sectoral policies and programmes systematically at different levels.
135. The Ministry of Social Justice and Empowerment, set up in 1985, is responsible for formulation of programmes and policies aimed at empowering the socially and economically weaker sections of the society. The Ministry has the responsibility to cater to the requirements of neglected and marginalised, abandoned destitutes, neglected and delinquent children, physically challenged children, children of sex workers, children of socially backward classes of the society, the street children and any child in need of care and protection. The policies and programmes aim at equipping these children to sustain a life of respect and honour and become useful citizens of the country. The Ministry thus looks after the welfare and all-round development of the marginalised and destitute children.
136. With the objective of strengthening coordination at the central level, a National Coordinating Mechanism (NCM) was constituted in January 2000 through an executive order issued by the DWCD for monitoring the implementation of the CRC. The NCM is chaired by the Secretary, DWCD, and its members include the Joint Secretaries of the relevant ministries and departments, viz., Ministry of Labour, Ministry of Social Justice and Empowerment, Department of Education, Department of Health, Department of Family Welfare, Ministry of Law, Department of Legal Affairs, NCW, NHRC, a UNICEF representative and four NGOs. The Joint Secretary (Child Welfare) in the DWCD is the Member Secretary of the NCM. The NCM held its first meeting in September 2000 and it is expected that in 2001 it will clearly evolve its role in relation to the implementation and monitoring of the CRC in the country.
137. India is the world’s most populous democracy, and Indian society is extremely pluralistic. The Indian political system is federal, comprising of 28 States and seven Union Territories. Through recent constitutional amendments, three new States have been carved out of bigger states in response to popular sentiments and compulsions of governance. The trend towards decentralisation has resulted in the devolution of increasing authority to the three-tiered system of governance at the district and sub-district level called the Panchayati Raj and the Nagar Palikas in rural and urban areas, respectively. Thus, the implementation of the general measures of the CRC has to be seen at all the different levels and in conjunction with one another.
138. Monitoring is a very important aspect of all programme implementation and all initiatives are regularly monitored by the Departments implementing them and any other agency which may also be involved in the programme. Professional bodies carry out monitoring and evaluation to provide independent analysis and the Planning Commission of India, for example, commissions its own studies in this regard. The information collected is fed back into the programme for corrections, modifications or additions. Sometimes, schemes which no longer serve a purpose are phased out and new schemes initiated in their place. Over a relatively short period of time, India has built up an impressive stock of reliable data based on monitoring studies and evaluations.
139. A high-powered National Commission for Children (NCC) to address the CRC agenda and to proactively actualise the provisions of the CRC is on the anvil. Towards safeguarding the constitutional and legal rights of children specifically, the NCC will be set up shortly on the lines of the National Human Rights Commission (NHRC). It is likely to be headed by a retired judge of the Supreme Court and it will have six members who will be from the fields of primary education, social action in child care, law (with special emphasis on juvenile justice), social work (with experience and commitment to the care of neglected children) and child labour. The member secretary will be of a rank not lower than that of a Joint Secretary to the GOI. It is expected that the NCC will be empowered to take up the issue of special courts for children and also order punitive action in case of violation. Like the NHRC it may also have State-level bodies.
Data Collection
140. India has a very well developed statistical system and it is one that the country is justifiably proud of. The Registrar General of India, the National Sample Survey Organisation, the International Institute of Population Sciences and other organisations conduct regular surveys on a large set of indicators and report trends at the National, State and District levels. Different sources of data such as the National Population Census, the Sample Registration System, National Sample Surveys, and National Family Health Surveys, amongst others, provide a wealth of information.
Civil Registration System (CRS)
141. The Registration of Births and Deaths has been made compulsory throughout the country under the Registration of Births and Deaths Act, 1969. At the National level, the Office of the Registrar General, India, coordinates the birth and death registration activities in the country and also compiles data relating to birth and death registration. As per the provisions of the Act, a Chief Registrar has been appointed for every State/Union Territory and under him there are District Registrars. Under the District Registrars there are Registrars who actually do the registration of births and deaths, issue birth and death certificates and also compile the basic data. There are about 200,000 reporting units and more than 100,000 registrars in the country.4
The Census
142. The Indian census tradition dates back to 1872, when the first all-India census was conducted on a non-synchronous basis and 1881, when the first synchronous census was conducted. The Indian census, conducted every 10 years, is arguably one of the largest nationally administered exercises in the world counting as it does every man, woman and child in the second most populous country in the world. It must be noted that there are very few countries in the world with a history of uninterrupted decennial census going back to 1881. The Census of India 2001, has introduced several new and useful questions as well as modifications in earlier questionnaires, and marks a bold step in taking the census way beyond a head count. The 2001 census, the 14th Indian census, involved over two million enumerators and supervisors. The Indian census is among the most accurate in the world, with an error margin of less then two per cent. This is primarily because India follows the “door-to-door” technique unlike most developed countries, which have switched to a postal head count. The first phase of the census is a reconnaissance operation—a comprehensive listing of all the houses and households in the country. This was completed during April–September 2000, in a phased manner. In February 2001, a huge army of enumerators spent about 25 days “arguing with suspicious security guards, rowing to inaccessible islands and plodding across paddy fields” to count every single Indian5 —an awe-inspiring task indeed!
The Sample Registration System (SRS)
143. The SRS is a large-scale demographic survey for providing reliable annual estimates of birth rate, death rate and other fertility and mortality indicators at the national and sub-national levels. The SRS was initiated by the Office of the Registrar General of India on a pilot basis in a few selected States in 1964–65. It became fully operational in 1969–70 covering about 3,700 sample units. At present, SRS covers 6671 sample units (4436 rural and 2235 urban) in all States and UTs. The sample unit in a rural area is a village or a segment of it, if the village has a population of 1500 or more. In urban areas, the sampling unit is a census enumeration block with a population ranging from 750 to 1000. The SRS bulletins, published twice a year in April and October, and provide estimates of birth rate, death rate and IMR at State level while the statistical report published annually provides detailed data on fertility and mortality.
The National Sample Survey Organisation (NSSO)
144. The NSSO was set up in 1950 with a view to having a permanent survey organisation to collect data on various facets of the economy through nation-wide sample surveys in order to assist in socio-economic planning and policy making. The NSSO covers different subjects of importance, such as employment and unemployment, consumer expenditure, land holdings, livestock enterprises, debt and investment, social consumption, demography, morbidity and disability through household surveys. The National Sample Survey is a continuous survey in the sense that it is carried out in the form of successive “rounds”, each round usually of one-year duration covering several topics of current interest in a specific survey period. The survey programme conforms to a cycle over a period of 10 years, some topics being repeated once in 10 years and some being repeated once in five years. Subjects of special importance are also accommodated in the intervening years or covered along with regular repeated surveys. At present, an NSS round at the all-India level surveys about 12,000 to 14,000 villages and urban blocks in the central sample (covered by the central agency, the NSSO) and an independent sample of about 14,000 to 16,000 villages and urban blocks in the State sample (covered by the Governments of various States and UTs).
145. Some of the recent surveys include:
Central Statistical Organisation (CSO)
146. The CSO is responsible for the formulation and maintenance of statistical standards, work pertaining to national accounts, industrial statistics, consumer price indices and conduct of economic census and surveys. The CSO conducts the Economic Census for collecting data on distribution of non-agricultural enterprises and to provide a frame for follow-up surveys for collection of detailed information about the structure of enterprises, investments, loans input and output, employment, contribution to national economy, etc. The fourth Economic Census was conducted during 1998–99 in all States/UTs.
National Family Health Survey (NFHS)
147. The first NFHS was conducted in 1992–93 and was successful in creating an important demographic and health database in India. The second Survey, NFHS-2, was undertaken in 1998–99, and was designed to strengthen the database further and facilitate implementation and monitoring of population and health programmes in the country. The NFHS surveys provide national estimates of fertility, infant and child mortality, maternal and child health, and the utilisation of health services provided to mothers and children. In addition, the survey provides indicators of the quality of health and family welfare services, women’s reproductive health problems, and domestic violence, and includes information on the status of women, education and the standard of living. The NFHS-2 survey covered a representative sample of more than 90,000 eligible women between the ages of 15–49 years from 26 States that comprise more than 99 per cent of India’s population. The survey provides State-level estimates of demographic and health parameters as well as data on various socio-economic and programmatic factors that are critical for bringing about the desired changes in India’s demographic and health situation.
National Council of Applied Economic Research (NCAER)
148. The NCAER conducted a survey of 33,000 rural households in 1994 to create a Human Development Profile of India. The survey was spread over 1,765 villages and 195 districts in 16 States of India. About 90 indicators of human development that reflect various dimensions of levels of living such as income and assets, employment and wages, consumption expenditures, literacy, morbidity, under-nutrition, demographic rates and health care utilisation were assessed. Population groups based on household income, poverty line criteria, land ownership, occupation, caste and religion, household size, adult literacy, and village development were covered in the survey.
Multiple Indicator Cluster Surveys (MICS)
149. The MICS were first conceived in India by UNICEF, India, as part of the Child Survival and Safe Motherhood (CSSM) programme when the EPI Cluster Evaluation Surveys were modified as a part of the CSSM programme in 1992 to include additional indicators related to vitamin A coverage, diarrhoea morbidity and treatment practices and the safe motherhood component of the programme with emphasis on quality and ante-natal care, place and type of assistance during delivery. UNICEF, India, has been conducting MICS in a number of States, districts and towns (including specific surveys for urban poor populations) for nearly four years now. Over 175 surveys have been conducted at various levels and have been used at the level that they are conducted. India was one of the countries included in the Global Evaluation of MICS conducted in 1996. Currently, the MICS II is being implemented in India to measure progress towards the end-decade goals, adopted at the World Summit. The survey covers indicators related to health, nutrition, education, child labour, water and sanitation.
Others
150. There is also a vast body of other sample surveys conducted by Government departments, institutions and professional bodies, which provide data on several aspects of child rights such as household expenditures on education and health, child labour, household enterprises, and nutrition distribution at the household level, amongst others. An example in this regard is the Sixth All India Educational Survey (AIES). The National Council of Educational Research and Training (NCERT) has been organising educational surveys and publishing survey reports which provide detailed educational statistics and information for planning. Six such surveys have been organised so far. The Sixth All India Educational Survey was initiated as a joint product with the National Informatics Centre (NIC) for creating an effective database on school education. Computerisation of this survey data had twin objectives—to build up a database on school education at district/State headquarters to facilitate and update essential information, and to make available data on electronic media for a wider dissemination of reports generated for various administrative units. The Sixth AIES was conducted with reference date as September 30, 1993. In addition, the Bureau of Economics and Statistics and the Departments concerned compile data at the State level. The compiled data is utilised mainly for monitoring and review and also for periodic evaluation of the statutes and schemes covered under the CRC. Thus, schemes that are relevant to the CRC may be considered part of the overall activities to which existing data collection procedures are applied.6
Involvement of civil society
151. Civil society organisations are involved in almost all the programmes/schemes undertaken by the GOI and the State Governments. Suitable mechanisms have been devised by the Government such as periodic review meetings and submission of progress reports from time to time by NGOs, so as to evaluate the progress achieved by them. Many NGO initiatives have been discussed later under relevant sections. At the national level, key initiatives in collaboration with civil society organisations include an awareness campaign against firecrackers and child labour, among schoolchildren in Delhi by the National Foundation of India. This led to thousands of children taking a pledge against the use of firecrackers on Diwali—the festival of lights, one of the largest festivals in the country because these are produced by child labourers in Sivakasi in Tamil Nadu.
152. A significant partnership developed when the Indian Medical Association took up the fight against female foeticide, with doctors and other medical practitioners as the target group. The Voluntary Health Association of India and the Centre for Child and the Law, National Law School, Bangalore, have been actively involved in this initiative and many schools held debates and poster competitions for children, encouraging their participation on this issue. As a result of these steps, mass awareness has been generated, and public attention has been drawn to this practice.
153. Gujarat has been trying to involve NGOs not only in the implementation of schemes, but also in obtaining inputs for the formulation of new schemes and modifications to existing schemes. In fact, Gujarat has a long-standing tradition of promoting the implementation of schemes through NGOs.7 In Andhra Pradesh, collaboration with the MV Foundation focused on the promotion and protection of child rights in institutions, training staff of homes under the Juvenile Justice Act and the establishment of the Teachers Union on Child Rights.8
154. In addition, there are several active NGO networks on child rights issues in the country. Some of the key networks involved in systematic awareness creation, advocacy, mobilisation and campaigning on child rights are mentioned below:
Rajasthan, which has a network of NGOs, departments, corporations and media in 10 districts for children in need of special protection measures, a network for children in need of special protection measures, a network of NGOs on disability and a major network of NGOs in 15 districts working for street and working children.
Andhra Pradesh, where the Andhra Pradesh Child Rights Forum (APCRAF) has a network of 36 NGOs from 20 districts involved in training NGOs on the CRC and awareness and dissemination activities at the community level. The Andhra Pradesh Alliance for Child Rights (APACR) has 250 NGOs in 17 districts and has been involved in training and dissemination activities.
Gujarat, where NGO Forums for Child Rights have been set up in Ahmedabad and Vadodra with about 65 NGOs which have familiarised themselves with the provisions of the CRC and have begun to review implementation of CRC in the State.
Tamil Nadu, where NGO networks campaign against child labour and bonded child labour, sex-selective abortions, foeticide and infanticide. NGOs are active partners in the implementation of various programmes in the State.9 NGOs run a large number of programmes, including setting up and running of crèches, nutritional centres, orphanages, juvenile guidance bureaux, programmes for street and working children, and drug de-addiction programmes. These programmes are supported by the State Government of Tamil Nadu and the Central Government. NGOs are also involved in the high level committee for adoption, juvenile welfare board, etc.10
Maharashtra, where the Forum Against Child Sexual Exploitation (FACSE) has prepared a State Plan of Action in collaboration with the Government, NGOs and UNICEF to place mechanisms in schools and hospitals to tackle the problem. ARC, Action for Rights of the Child, started in 1989, has made significant contributions to promoting the rights of marginalised children to education.
Bihar, where seven Child Rights Collectives have been formed at Saran, Siwan, Patna, Nalanda, East Champaran, Begusarai, and Vaishali.
Uttar Pradesh, where an NGO network on child rights has been announced with a membership of around 100 NGOs and will become operational shortly.
155. It is difficult to capture the wide range of activities of NGOs in such a large country. By and large, the NGO networks are stronger and more systematic in their work in the southern part of the country. A systematic analysis will be made of NGO efforts in the field of child rights to fully understand their contributions in implementation of CRC, and evolve a systematic plan for partnership with NGOs in planning, implementation and monitoring CRC implementation in the country.
156. The media plays a critical role in shaping public opinion and creating mass awareness. GOI and UNICEF collaborative initiatives over the years have focused on enhancing the capacity of the electronic and media and media units of the Ministry of Information and Broadcasting to integrate and represent issues concerning children and their rights effectively. Partnerships with the media have steadily increased over the years with a perceptible rise in reportage on child rights and children’s issues. A wider range of sensitive issues, including child labour, child sexual abuse and violence, is being covered with more in-depth, investigative and concerned reporting.
157. The National Human Rights Commission, in collaboration with UNICEF, organised a series of four regional consultations in 1999–2000 for the electronic and print media and a number of partners, including the police, judiciary, NGOs, functionaries from different State Government departments on child sexual abuse. As a direct result of this, reporting on child sexual abuse cases in the media has increased and many sensitive programmes have been aired on TV and radio. A set of guidelines for the media on reporting child abuse, trafficking and child prostitution has been developed, released by NHRC and widely distributed to media professionals. The All India Radio and Doordarshan (TV) have broadcast the Meena series of films and held talk shows and other programmes to highlight girl child issues throughout the year, especially during the Girl Child Week in September.
158. The most significant and visible change is that the media is gradually focusing on children’s issues in a qualitative way. This bodes well for the future and it is expected that the media will increase its responsibility to include monitoring of child rights violations also.
Dissemination of the CRC and the Concluding Observation
159. Amongst the steps taken to disseminate the CRC and the Concluding Observations of the Committee on the Rights of the Child to India’s Initial Report are:
(a) The CRC has been translated into 13 major Indian languages with assistance from UNICEF and disseminated through State Governments, NGOs, meetings, trainings, press briefings and events;
(b) Universal Children’s Day, Girl Child Week, Nutrition Week, World Breastfeeding Week, have been some of the events around which the Government, NGOs and UNICEF have organised major campaigns and mass awareness drives on child rights issues;
(c) Multi-media campaigns have been organised to mobilise people for immunisation, pulse polio, prevention of HIV/AIDS, elimination of child labour, and education for all, as well as for highlighting the positive image of the girl child and questioning the gender bias in society;
(d) Special programmes on the elimination of child labour, highlighting the impact of hazardous employment on the health and development of working children are also disseminated through print, radio and other electronic media. Articles and supplements on child rights issues appear in major newspapers quite frequently. Doordarshan routinely telecasts films, documentaries, tele-serials and spots on the rights of the child and on issues like street children, disabled children, juvenile delinquents, child beggars and child education on its national as well as regional networks. There have been qualitative improvements in the programmes over the years and programmes have increasingly tried to encourage children to express their views, beliefs and experiences;
(e) The key observations and recommendations have been presented at major meetings and forums on children’s issues at National, State and District levels. The common areas of observations and recommendations in both the CRC and the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) concluding observations have also been highlighted;
(f) The Concluding Observations have been shared with different sectoral government counterparts in States, leading NGOs, some professional associations, judicial activists and journalists;
(g) The Concluding Observations are being looked at as a tool for guiding programming decisions and incorporating recommendations for action in ongoing programmes;
(h) By and large, NGOs have been actively using the Concluding Observations at their meetings systematically, to come together for identifying key areas for action as well as building a critical mass of concerned individuals and organisations to mobilise government consideration and action on the concluding observations. Available reports indicate discussions and debate around the Concluding Observations in Mumbai, Andhra Pradesh, Karnataka, Manipur and Delhi. These are also the places from where the NGO alternate reports on the Initial CRC Country Report were made;
(i) The Concluding Observations have been printed and are being widely disseminated through meetings and workshops to NGOs and the general public;
(j) A simplified public information version of the Concluding Observations has been prepared and is being disseminated. This will also be translated into major regional languages. A children’s version is in the process of being developed;
(k) The Concluding Observations have been translated into Hindi, Bengali and Assamese.
Dissemination of CRC to children
160. There has been a gradual expansion in efforts by the States to make the Convention known to children. At the National level, the National Council for Educational Research and Training (NCERT) is conducting a curriculum review and has been requested by DWCD to incorporate CRC in the school curriculum. This has been agreed to in principle. The challenge will be to prepare appropriate teaching materials for different age-groups and orient teachers for taking this on at a national scale.
State initiatives in this regard include:
(a) Uttar Pradesh, where material has been prepared for children on the CRC, including posters and a magazine (Bal Bagiya). Meena video cassettes and accompanying materials have also been used extensively in districts, promoting child participation. Rights Awareness Week (14-20 November) and Girl Child Week (18–24 September) have been used by NGOs and educational institutions to create awareness on child rights among children;
(b) Karnataka, where rallies marking Child Labour Day on April 30 were held across the State. Through Campaign Against Child Labour, awareness campaigns on CRC were held across 27 districts;
(c) Tamil Nadu, where advocacy to include CRC in the curriculum of schools is going on, based on the success of an initiative in the State in which 800 schools have incorporated human rights education;
(d) Gujarat, where the main outreach has been through the child participation initiative, in which materials have been developed by children on CRC issues;
(e) Bihar, where the CRC has seen several forms—as cartoons done by The Times of India artists, as rhymes by the women of West Champaran district and as Meena paintings and stories (one for each article). There is also a primer, a dictionary, an FAQ and a history of CRC. The CRC has also been the subject of Bal Samachar (Children’s News) brought out by children themselves in several districts of Bihar. Children are also being reached through several Child Rights Spokespersons in the State who demystify CRC and CEDAW, and produce materials for children on child rights. Meena Clubs in the districts reach out to children and community members on child rights issues with a focus on girl child issues. Over the last three years, over 1000 schools in 45 districts have participated in the Child Rights Congress after receiving orientation on CRC;
(f) Madhya Pradesh, where awareness of CRC among children is the first step in promoting child participation. The Madhya Pradesh Human Rights Commission has held awareness camps in schools about human rights and CRC. Mass awareness initiatives reach out to large numbers of children through special communication efforts during Girl Child Week and Child Rights Week.
161. NGOs have been taking initiatives to disseminate the CRC. A few examples are:
(a) The North-West Programme of Save the Children Fund (UK) operating in Jammu & Kashmir has produced multilingual booklets that are aimed principally at children to make fully aware of the various provisions of the Convention, and to enable them to work towards the realisation of their rights;
(b) Small booklets called “I have rights and responsibilities” have been published by SCF and UNICEF, Delhi;
(c) Action for the Rights of the Child based in Pune has been coordinating the publication of pictorial booklets enumerating the rights of the child. The booklets are sponsored by UNICEF;
(d) The Tamil Nadu Primary School Improvement Campaign aims at building awareness through campaigns on child rights, specifically the child’s right to education;
(e) Madhyam, an NGO in Bangalore, has been printing colourful posters with messages on child rights;
(f) Aashray, situated in Andhra Pradesh, has been working on awareness programmes on child rights among community leaders and members of the community and children;
(g) The Indian Council for Child Welfare, Tamil Nadu, has been publishing a newsletter, in which a column has been allocated for child rights;
(h) IPER, a Kolkata-based NGO, has translated the CRC for children into Bengali.
Capacity-building training for CRC
162. The size and complexity of India and the structure of the Government make it difficult to capture and define a national overview of the capacity development initiatives that have been put in place for accelerating the implementation of CRC. There are some training institutions governed by the Central Government and others which come under the jurisdiction of State Governments. For instance, the Lal Bahadur Shastri National Academy of Administration, Mussoorie and the Sardar Vallabhbhai Patel National Police Academy, Hyderabad, are responsible for the training of Indian Administrative Service (IAS) and Indian Police Service (IPS) officers. Graduates from these academies hold key decision making positions in the Indian bureaucracy. So far, training inputs on child rights have been in the form of panel discussions and presentations by programme staff, activists or NGOs. The Centre for Child and the Law, National Law School, Bangalore, is developing a curriculum for the IAS academy which will need to be incorporated into the training calendar. In a welcome move, the Police Academy has integrated CRC into its ongoing training programmes. The GOI, through NIPCCD, organises several training programmes for NGOs and other professionals working with or for children, in which the CRC provisions are highlighted.
163. Training for different categories of people dealing with children has been going on in India since Independence. All through the Five Year Plans with every child welfare measure taken by Government to fulfil the rights of children as enshrined in the Constitution, training modules and institutions were developed from the grassroot point to the Central level in accordance with programmes undertaken, such as, Applied Nutrition Programme, Balwadi Programme, ICDS, Juvenile Justice, etc. Efforts are on to re-orient the training strategy for field level workers and the community towards child rights. The process has already started to re-orient the existing training programmes pertaining to Early Childhood Development, Health and Family Welfare, Elementary Education, Rural Development towards the concept of child rights. NIPCCD has already initiated the process of re-orienting its training syllabus towards CRC and some State Governments have also done so. NGOs, staff and organisations working with the Labour Department, Police Department and children have also been trained in the CRC in several States. This process is still under way and should gain momentum at District and State levels. In view of the federal de-centralised nature of administrative functioning in the country, it is difficult to report on actual numbers of persons trained by category in India.
164. Key child rights training initiatives from a few States are as follows:
Bihar: Nalanda Open University has launched a certificate and Diploma course in CRC and CEDAW. Over 500 adults, many of them journalists and artists, participated in a four-day intensive Child Rights Spokespersons Course, preparing them as advocates of child rights. Forty school-teachers have been trained as master trainers for furthering CRC orientation in schools. National Service Volunteers and other youth have been oriented through Nehru Yuvak Kendras and the Legal Aid Committee of South Bihar.
Tamil Nadu: Training resource groups available in the State include the Human Rights Advocacy and Research Foundation, Indian Council for Child Welfare and the Centre for Child Rights and Development. Training of trainers for dissemination of CRC through folk media has also been conducted in the State. Several training programmes have been held, including training of Juvenile Justice Act functionaries, teachers and frontline workers of five National Child Labour Project districts, labour inspectors and municipal commissioners and elected representatives in the same districts. Members of the Inter-media Publicity Coordination Committee and some journalists in the State have received CRC orientation.
Andhra Pradesh: The Andhra Pradesh Academy for Rural Development (APARD) and the Andhra Pradesh Police Academy have incorporated CRC in the curriculum for ongoing training of Government officials. Over 480 trainers of APARD have received CRC training and 80, 000 elected representatives have been oriented in CRC. Training of local bodies on CRC was undertaken by the Regional Centre for Urban Environmental Studies. The Andhra Pradesh Police Academy has sensitised police officials on child rights. Teachers have received CRC orientation under special projects.
Uttar Pradesh: State resource teams have been trained on CRC and are reaching out through more than 250 motivators to cover 10,000 children and adolescents, community members across the State, several government departments and institutions. The Institute of Judicial Training and Research has integrated issues of child rights and juvenile justice for reaching the Chief Judicial Magistrates. The Prathmik Shishak Sangh, with a membership of 250,000 teachers, is being reached through the Teachers’ Union whose resource teams have been trained in CRC. The State and district urban development agencies and NGOs have been oriented on child rights for strengthening child rights through community development societies.
Gujarat: CRC training has been organised for NGOs, academic institutions and police officials in the State to sensitise them on protection measures for street and working children. Capacity building among staff of the Surat Municipal Corporation and Government officials has been carried out.
Madhya Pradesh: The State has given focused attention to the training of police officials, Panchayati Raj members, teachers, doctors, NGOs, youth organisations and field functionaries of various sectoral programmes have also received CRC orientation as part of their refresher training.
Karnataka: The State has been conducting CRC training of Government officials, NGOs, youth counsellors and trainers of Nehru Yuvak Kendra for training youth as advocates for children. An NGO, ‘Mythri’, has developed training programmes at various levels. A police training guidebook has been produced with the help of BOSCO (an NGO in Bangalore) and the Ministry of Welfare and Home Affairs. A police pocketbook on tips for being child-friendly has also been developed to be used in conjunction with the training.
Maharashtra: A recent decision regarding training of judges in the State requires incorporation of a two-day module on child rights in all training programmes for judges. A small core group is being set up in the State to develop this module using the experience of NGOs working with children who come in conflict with the law. The Police Training Academy of Maharashtra is to institutionalise CRC training into in-service and pre-service training programmes and there is a proposal to train all trainers of the nine Police Academies in the State. Training modules will be developed to standardise the training by a special core group.11
CRC reporting process in India
165. India acceded to the Convention on the Rights of the Child on December 11, 1992, thereby affirming its commitment towards children and their rights. India submitted its Initial Report, referred to as the First Country Report to the UN Committee on the Rights of the Child in February 1997. The UN Committee on the Rights of the Child, based on the First India Country Report, sought clarifications on more than 38 issues pertaining to the Convention. This List of Issues was sent to the relevant departments for feedback and to the Alternate Report NGOs and Schools of Social Sciences, leading national institutions and organisations for their comments. The replies to the List of Issues were printed as a booklet and distributed at the National and State levels and sent to the Committee on the Rights of the Child. India received the comments and concluding observations from the Committee on the Rights of the Child based on its Initial State Party Report in January 2000.
166. The first periodic country report preparation process commenced in August 1999 and DWCD requested State Governments to initiate the process with state sectoral departments, NGOs, professional bodies and other civil society representatives, and submit State reports as inputs for the national report. To assist in the compilation of State inputs, DWCD prepared questionnaires based on the Committee’s guidelines for preparation of periodic reports and shared these with the State Governments as well as Central Ministerial Departments.
167. Different States have adopted different processes to come up with inputs for the national report and these have varied in how participatory they were. In some States, children, NGOs and the media participated extensively; in others, the reporting was mainly based on inputs received from Government departments. NGO participation in the preparation of the State reports is in addition to the regional consultations, and cannot be accurately quantified. A brief description of the reporting process in three States is given below:
Rajasthan: Beginning with an inter-departmental meeting, the process was expanded to include participation and views of a wide cross-section of society, key groups being NGOs, individuals, Indian, government functionaries and children themselves. Through workshops, their views, experiences and suggestions regarding child rights were invited and incorporated in the report.
Andhra Pradesh: The NALSAR University of Law organised three regional consultations in the State to document developments in coastal Andhra, Rayalseema and Telangana regions. NGOs working with child rights and vulnerable groups were invited. Views of children were obtained and facilitated by Save the Children. Judicial Magistrates, educationists, school teachers, labour officers, and juvenile justice officers were also involved.
Tamil Nadu: Various departments responsible for programmes directly related to children were contacted and requested for relevant information for the Second Country Report through the following process:
So far, 17 States have submitted their inputs to the Central Government and another three State reports are expected. Inputs from some Central ministries have also been received.
168. The DWCD has also put the questionnaires on their website together with a special questionnaire requesting information from NGOs about their activities in the field of child rights. An advertisement was put in the national dailies giving this information and inviting contributions from NGOs.
169. In order to have more direct feedback from NGOs for both the CRC report as well as the End-Decade review of the Goals report, four regional consultation workshops were held between October 30 and November 11, 2000, at Mumbai, Lucknow, Guwahati and Bangalore. A mix of community-based NGOs and those with experience of national/global meetings on child rights were invited to these workshops. In all, 168 NGOs from 23 States participated in these workshops. Inputs from these workshops are being incorporated into the preparation of both the End-Decade Progress on the Goals Report and the CRC Periodic Report. Child representatives from 11 States participated in these consultations representing children’s views and concerns. The representatives were selected by children from the States after a dialogue/consultation process in the State-level projects that have initiated the process of child participation. The children were made to understand the rationale for these consultations and given a chance to prepare for these meetings. They were given an opportunity to let their voices be heard and to select their representatives. This process of regional consultations was facilitated jointly by NIPCCD for the GOI, UNICEF and SCF. The draft report incorporating all the State inputs was circulated to all Central Government departments and State nodal departments for comments within a fixed time-frame. The final editing was then done by the nodal ministry based on the feedback and suggestions received. UNICEF facilitated and provided support in the report preparation process both at the National and State levels.
170. Recommendations of NGOs for strengthening CRC implementation: Some excerpts from the four regional NGO consultations—October 30–November 11, 2000
Increase awareness about child rights
Accelerate training and capacity building for realisation of child rights
Setting up coordination mechanisms for CRC implementation at various levels
171. A permanent State-level committee is required to be set up for the implementation and monitoring of CRC. The committee should have representation of NGOs working in the field of child rights, social workers, experts and representatives of minority groups, legal experts and government functionaries of all key departments who are at a decision making level. Local leaders, as well as people’s and child representatives should be closely involved with the functioning of this committee. They should be oriented and sensitised about CRC and the role of the committee.
172. There is a need for a State-level cell linked with the National Commission for Children under the Chairpersonship of the Chief Secretary. The Government should fund the cell. The cell should be responsible for:
173. It is imperative to empower existing Committees set up for children’s programmes to monitor child rights status at State, District, block and village levels. It should be in consultation with and have representation from Government, civil society, NGOs, Gram Panchayats and children.
174. Lack of accountability, information and proper documentation hinders effective coordination and monitoring of child rights at all levels. Urgent action is required to strengthen these aspects.
175. A National Commission for Children with financial autonomy and powers to enforce the laws related to child issues should be constituted, consisting of individuals from different walks of life. It should have bodies at National, State and District levels and should disseminate information on children’s rights to the public and should be involved in policy decisions on children.
176. An experiment in this direction is taking place in Uttar Pradesh through the setting up of a child rights development unit in joint collaboration with the Department of Women and Child Development and the NGO network on child rights in Uttar Pradesh.
Data collection and use for influencing policies and programmes for children
177. Each State should have a coordination committee to collect data on all aspects of child rights. Existing data collection systems need to be reviewed, as there are many areas where adequate and disaggregated data are not available. This includes gender disaggregated data, and information on various forms of child abuse and exploitation, child labour, children affected by conflict/militancy, trafficking of children, tribal and indigenous children and their condition, crimes committed against children, condition of children in state-run institutions, etc.
Promoting child participation
Pre-requisites for child participation:
Constraints to effective implementation
Girl child
Child labour
General recommendations
Box 1.1: Voices of Children
Girls want to be treated the same as boys. They should not be made to work
at home. They want to go to school just like boys.
Children say they should not be forced to work. All child labourers must
be cared for and allowed to go to school and learn skills
for life.
Children want peace, and violence frightens them. Many children are
orphaned or get hurt and have emotional and psychological problems.
They have to leave studies and work at home.
Adults must not force children to marry. Girls thought that this deprived
them of an education and a chance to do well in life. They
felt that parents
should be educated against child marriage, and all adults who force children to
marry should be punished.
Schools should not be far away. There should be teachers in the school and
the teachers should not punish or beat the children. Books
and uniforms must be
made available. Children would like to study in their own language.
Parents who do not send their children to school should be punished.
Sale of alcohol, drugs and addictive substances should be banned. Parents
should not drink alcohol or take drugs. They should not
beat children, and send
them to work because they do not earn themselves or make them want to run away
from home.
The police harass street and working children. The police and others
working for children should be friendly and trained to be helpful.
There should
be shelters for children so that they can be safe at night.
Children felt that health centres should have medicines. Health services
should reach people in remote areas. They felt that trained
female staff should
be available to help out at the time of birth. Mobile health vans should serve
areas where there are no health
centres.
Children wanted employers of child labour punished.
Elders should provide opportunities for children to participate. This
increases the confidence of all children, especially girls.
Children from Maharashtra and Rajasthan said that there was a water
problem. Children spent long hours in filling water from distant
places, which
affected their studies.
Children from urban slums felt they had no time and place to play.
“All our hopes are the same, wherever we come from. You adults
have heard us. Tell us what you are going to do now.” Nawaz, age 9,
Mumbai consultation.
Excerpts from the four regional NGO consultations, October
30–November 12, 2000
|
International cooperation
178. The World Bank has supported early childhood development efforts in India since 1980 through a number of projects. The Integrated Child Development Services-II Project is currently being implemented in the States of Bihar (210 blocks) and Madhya Pradesh (244 blocks) with a total outlay of Rs 5,962 million (Madhya Pradesh: Rs 3,391 million, Bihar: Rs 257 million). The approved IDA credit is US$ 194 million. The Integrated Child Development Services-III/Women and Child Development Project (1999–2004) covers the five States of Kerala, Maharashtra, Rajasthan, Tamil Nadu and Uttar Pradesh. The approved IDA (World Bank) credit over the project period is US$ 300 million (including the nationwide training component) covering 1,003 blocks. The Integrated Child Development Services-Andhra Pradesh Economic Restructuring Project (APER-1998–2004) was approved in March 1999. It covers a total of 251 blocks thus universalizing ICDS in rural and tribal areas. The total outlay is Rs 3,927.5 million with IDA (World Bank) credit of US$ 75 million.
179. The World Food Programme (WFP), a United Nations agency, under its Project 2206 extends food aid for supplementary nutrition to children below six years of age and to expectant and nursing mothers under the ICDS programme. The Better Health and Nutrition (BHN) Project (with a total cost of Rs 17.56 million) is being implemented in Sirohi and Udaipur districts in Rajasthan since March 1997. CARE-India’s Integrated Nutrition and Health Programme (INHP) is being implemented in all seven CARE-assisted States. This five-year programme is in operation from April 1996 to March 2001 with a total budget of Rs 1131.6 million aiming to improve the health and nutritional status of women and children.13
Strategy for implementation of programmes/policies
180. Human development and improvement in the quality of life are the ultimate objectives of all planning. In India, this is achieved through services and programmes aimed at the promotion of both equity and excellence. Planning takes into account the resources required for human development and the human resources available for carrying out the plan.
181. In India, planning derives its objectives and social premises from the Directive Principles of State Policy. India follows the system of Five-Year Plans, where principles, aims and programmes are identified along with the resources. If for some reason, a Five-Year Plan cannot be approved then interim Annual Plans bridge the gap. While new programmes and schemes are introduced and existing ones modified to suit the objectives of the Plan, some, however, are of an essential nature and continue in succeeding plans. One such example is the Public Distribution System. The Plans adopted so far since Independence and the priority areas under each are shown in table 1.1.
182. The Ninth Plan (1997–2002) was launched in the 50th year of India’s Independence. The provision of basic minimum services of safe drinking water, primary health care facilities, universal primary education, shelter and connectivity in a time-bound manner is a specific objective of the Ninth Plan. Within the social sector, planning in India has ensured that appropriate policy and programme initiatives are taken and adequate investment is provided by the State so that the poorer and vulnerable segments of the population can access essential facilities, services and commodities based on their needs.
183. The Ninth Plan outlay has increased by 30.67 per cent, as compared to the Eighth Plan outlay (see figure 1.1). When comparing the percentage share of various sectors, the share of agriculture, rural development, irrigation and flood control, social services and general services in the total plan outlay has decreased in the Ninth Plan in relation to the Eighth Plan, reflecting a higher priority for infrastructure, energy and industry.
184. The development of children as an investment in the country’s human resource development has been the major strategy in the Ninth Plan. Special emphasis is being placed on the girl child and on reaching infants below the age of two years. Towards this, the nationwide ICDS will continue as the major intervention for the overall development of children. A scheme called the Balika Samriddhi Yojana (BSY) was launched in October 1997 for raising the status of the girl child. Education has also been given a high priority in the Ninth Plan with a focus on providing universal elementary education and on quality improvement at the secondary and higher education levels. Along with the identification of new, existing and modified programmes to achieve the primary objective of each Plan, financial resources are also allocated. This includes the funds disbursed by the GOI in the form of Plan and non-Plan funds. Additionally, States and UTs raise resources by way of municipal taxes, cess, etc. A statement giving the details of the GOI (Central) budget from 1995 is as shown in table 1.2.
Table 1.1: Plans and priority areas
|
||
Plan
|
Year
|
Priority
|
First Plan
|
1951-56
|
To promote agriculture, including irrigation.
|
Second
|
1956-57 to 1960-61
|
To promote a pattern of development which would ultimately lead to the
establishment of a socialistic pattern of society.
|
Third
|
1961-62 to 1965-66
|
To secure a marked advance towards securing self-sustaining growth.
|
Annual
|
1966, 1967, 1968
|
|
Fourth
|
1969-1974
|
To accelerate the tempo of development and to raise the standard of living
through programmes designed to promote equality and social
justice.
|
Fifth
|
1974-79
|
To achieve self-reliance and adopt measures for raising the consumption
standard of people living below the poverty line.
|
Sixth
|
1980-85
|
To remove poverty, and simultaneously move towards strengthening
infrastructure for both agriculture and industry.
|
Seventh
|
1985-90
|
To emphasise growth in food-grains production, increased employment
opportunities and productivity within the framework of self-reliance
and
social justice. |
Annual
|
1990-91 to 1991-92
|
|
Eighth
|
1992-97
|
To balance the initiation of structural adjustment policies. It recognised
“human development” as the core of all development
efforts.
|
Source: Planning Commission.
185. Recent budgets have been formulated in the backdrop of the super cyclone in Orissa, the devastating earthquake in Gujarat, a somewhat weak monsoon, hike in international petroleum prices and continued uncertainties in world economic recovery. These events have led to unanticipated expenditures on disaster relief and imports. In spite of these adversities, GOI has tried to keep the fiscal deficit under check, so that social sector expenditures will not be eroded by inflationary pressures. The Centre’s gross fiscal deficit has been in the range of 5–5.5 per cent in recent years. The Fiscal Responsibility and Budget Management Bill, 2000, has been introduced to bring down the fiscal deficit and contain the growth of public debt.
Figure 1.1: Comparison of Eighth and Ninth Five-Year Plan outlays
Source: Planning Commission
186. The Planning Commission of India, a high-level body chaired by the Prime Minister, is responsible for overseeing the planning process and for finalising the plans. The Planning Commission also evaluates the schemes to assess their physical and financial performance, the efficacy of the implementation/delivery mechanisms and impact on the beneficiaries. The findings of the evaluation studies are used as a feedback for mid-course corrections in design and implementation, passed on to researchers and the general public through publications, seminars and the print media for generating informed debate on the nature and efficiency of public spending.
187. Some significant programmes and schemes, which were uniquely designed and launched keeping in mind the objective of the Ninth Plan, are the Prime Minister’s Rural Roads Project and the Balika Samriddhi Yojana. Existing initiatives which have been restructured or merged include, among others, the Swarnajayanti Gram Swarozgar Yojana (SGSY) which seeks to provide sustainable incomes through micro-enterprises to the rural poor.
188. In India, special attention has been paid to the requirements of the weaker sections. The Constitution has specific clauses for the Scheduled Castes (SCs) and Scheduled Tribes (STs), to ensure their social, economic and political equality. Special provisions have been made for the advancement of SCs and STs in the planning process, in the allocation of resources, in educational institutions, in appointments to jobs and in promotions, amongst others. Due consideration is also given in the planning process to areas which face a disadvantage on account of their geographical location or difficult topography, e.g. the States and UTs in the North-East of India.
Table 1.2: Government of India budget
(per cent of GDP)
|
||||||
|
1995–96
|
1996–97
|
1997–98
|
1998–99
|
1999–2000
(R.E.) |
2000–2001
(BE) |
1. Revenue Receipts
|
9.3
|
9.2
|
8.8
|
8.5
|
9.3
|
9.3
|
2. Capital Receipts
|
4.1
|
3.7
|
5.4
|
6.1
|
6.1
|
6.2
|
3. Revenue Expenditure
|
11.8
|
11.6
|
11.8
|
12.4
|
12.8
|
12.9
|
4. Capital Expenditure
|
2.4
|
2.3
|
2.4
|
2.2
|
2.5
|
2.6
|
5. Total Expenditure (3+4)
|
14.2
|
13.9
|
14.2
|
14.6
|
15.3
|
15.5
|
6. Plan Expenditure
|
3.9
|
3.9
|
3.9
|
3.8
|
3.8
|
4.0
|
7. Revenue Exp. of which
|
11.8
|
11.6
|
11.8
|
12.4
|
12.8
|
12.9
|
a) Interest Payments
|
4.2
|
4.3
|
4.3
|
4.4
|
4.7
|
4.6
|
b) Defence Expenditure
|
1.6
|
1.5
|
1.7
|
1.7
|
1.8
|
1.9
|
c) Major Subsidies
|
1.1
|
1.0
|
1.2
|
1.2
|
1.2
|
1.0
|
8. Revenue Deficit
|
2.4
|
2.4
|
3.1
|
3.9
|
3.5
|
3.6
|
9. Fiscal Deficit
|
4.1
|
4.1
|
4.8
|
5.1
|
5.5
|
5.1
|
10. Primary Deficit
|
0.0
|
-0.2
|
0.5
|
0.7
|
0.8
|
0.5
|
Source: Indian Economic Survey, 2000–01, page 35
189. The Eleventh Finance Commission has made some changes in the criteria for allocation of Central Government revenues to the States. The Commission has increased the weightage given to the income disadvantage of a State (measured by the gap between a State’s per capita income and that of the richest States). At present, a weightage of 62.5 per cent is given to the income disadvantage criteria.
190. The business of the Government is conducted by Ministries and Departments both at the Central level and at the level of States and UTs, e.g. the DWCD in the GOI and the DWCD in the State of Uttar Pradesh. The GOI has exclusive powers to legislate in areas specified in List I of the Constitution, while States have exclusive powers on subjects in List II. Both have joint responsibility, or concurrent powers, for subjects falling within the purview of List III. It is seen in practice that both the GOI and the States have joint responsibility for the social sector with the GOI either directly implementing certain schemes, or passing on funds to States/UTs for the purpose. Additionally, States/UTs conceptualise and implement their own schemes from their own funds, e.g., the Apni Beti Apna Dhan (My Daughter, My Wealth) scheme in Haryana.
Budget trends in the social sector
191. The GOI’s Plan and non-Plan expenditure on various components of social sectors has increased from Rs 158.94 billion in 1997–98 to Rs 258.73 billion in 2000–2001, an increase of about 63 per cent. As a proportion of total expenditure, the combined Plan and non-Plan social sector expenditure of the Centre has been in the range of 11 per cent. As a percentage of the GDP at current market prices, expenditure of the GOI on social services has been in the range of 1.61.7 per cent. Thus, in spite of severe budgetary pressures, the Government has attempted to maintain the allocation for the social sector.
192. The GOI expenditure (Plan and non-Plan) on social sectors (education, health and family welfare, water supply, sanitation, housing, rural development, social welfare, nutrition and minimum basic services) as a ratio of total expenditure has marginally decreased from 11.26 per cent in 1997–98 to 10.72 per cent in 2000–01 (Budgeted Estimates). However, as a ratio to GDP at current market prices, the Government expenditure on social services increased from 1.59 per cent in 1997–98 to 1.66 per cent in 2000 (BE).14 For details please see table 1.3.
193. The Central Plan outlay on major schemes of social sectors as a percentage to the GDP at current market prices increased from 1.09 per cent in 1993–94 to 1.12 per cent in 1999–2000 (BE). The Central outlay increased by 29.6 per cent in family welfare in 1999–2000 (BE) over 1998–99 (RE), health by 24.3 per cent, welfare of weaker sections by 22.1 per cent and women and child development by 16.4 per cent. Educational expenditure increased from Rs 1.1 billion in 1950-51 (1.2% of GNP) to Rs 412 billion in 1997–98, (3.6% of GNP) indicating a staggering 360 times increase in 27 years. The expenditure per pupil during this period increased by 63 times. The share of GNP allocated for the development of education is a reliable indicator for assessing the relative importance given to it in a country.
Figure 1.2: Central Government expenditure on social services
(Plan and Non plan)
194. As a percentage to the GDP at current market prices, plan expenditure of the Centre on major schemes of the social sector has been in the range of 1.1 per cent to 1.2 per cent in recent years. However, significant increases in Central Plan outlays are observed in Education, especially Elementary Education, Health, Women and Child Development, and Family Welfare programmes in the budgeted estimates of 2000–01.
195. A number of schemes and programmes of the Government have been introduced exclusively for children. An example in this regard is the Balika Samriddhi Yojana, a laudable initiative to enhance the status of the girl child. Other schemes and programmes target both children and some adults as beneficiaries, such as the ICDS which covers children, pregnant women, and lactating mothers. However, a large bulk of the Government’s scheme and programmes benefit all members of the community, including children. An instance in this regard is the provision of clean drinking water and sanitation facilities. Under these circumstances, it is somewhat difficult to identify the amounts spent on children alone. Regarding the best interests of the child, it is an undisputed and acceptable fact that the Government will always keep the best interests of the child at the forefront when formulating policies and taking decisions. The Government, at the national, regional or local level, will not deliberately or consciously take any step which goes against the child. This is also further ensured by the detailed process and extensive consultations which are part and parcel of the Government machinery. While the utmost priority is given to children in policy making, there is a need for advocating a greater resource allocation for children.
Table 1.3: Central government expenditure (plan and
non-plan) on social services
(Rs in million)
|
|||||
Item
|
1996–97
|
1997–98
|
1998–99
|
1999–2000 (BE)
|
2000–2001
(BE) |
1. SOCIAL SERVICES
|
136590
|
158940
|
197290
|
237270
|
258730
|
|
39880
|
50120
|
65500
|
71150
|
84160
|
b. Health and Family Welfare
|
27510
|
31740
|
39150
|
51100
|
58600
|
|
29570
|
33040
|
41900
|
46190
|
50870
|
d. Information & Broadcasting
|
5930
|
8980
|
10740
|
12300
|
13680
|
|
8330
|
7250
|
9460
|
10830
|
12770
|
|
5870
|
5620
|
7580
|
8680
|
94*
|
g. Social Welfare & Nutrition
|
19500
|
22190
|
22950
|
37020
|
29350
|
2. RURAL DEVELOPMENT
|
50810
|
55830
|
54030
|
51850
|
53970
|
3. BASIC MINIMUM SERVICES (BMS) * INCLUDING SLUM DEVELOPMENT
|
24660
|
28730
|
36840
|
40480
|
—
|
4. PRADHAN MANTRI GRAMODYA YOJANA (PMGY) @
|
—
|
—
|
—
|
—
|
50000
|
5. SOCIAL SERVICES, RURAL DEV. BMS & PMGY AS A PERCENTAGE OF TOTAL
EXPENDITURE **
|
212060
|
243500
|
288160
|
329600
|
362700
|
6. TOTAL CENTRAL GOVERNMENT EXPENDITURE AS PER CENT OF GDP AT CURRENT
MARKET PRICES **
|
13.9
|
14.2
|
14.6
|
15.5
|
15.5
|
7. SOCIAL SERVICES, RURAL DEV. BMS & PMGY AS A PERCENTAGE OF TOTAL
EXPENDITURE **
|
11.44
|
11.26
|
11.24
|
10.85
|
10.72
|
8. SOCIAL SERVICES, RURAL DEV. BMS & PMGY AS A PERCENTAGE OF GDP AT
MKT. PRICE $
|
1.55
|
1.59
|
1.60
|
1.68
|
1.66
|
Note : Figures for the years 1992–93 to 1998–99 are
actuals
* : Came into operation from 1996-97
@ : Launched in
2000–2001 (BE) as a new initiative for basic rural needs
** : The total
Central Govt. expenditure excludes the transfer of State’s/UTs share of
small saving collections
$ : Ratios to GDP are at current market prices (Base : 1993–94)
released by CSO, GDP for 2000–2001 are based on CSO’s
Advance
Estimated
Source: Indian Economic Survey 2000–2001However,
significant increases in Central Plan outlays are observed in Education,
especially
Elementary Education, Health, Women and Child Development, and Family
Welfare programmes in the budgeted estimates of 2000–01.
Regional disparities
196. Balanced development with an emphasis on the reduction of disparities in economic and social development across regions in India has been a major objective of the planning process since Independence. Apart from large investments, various public policies directed at increasing the pace of development in the weaker regions have been pursued. The relevance of this approach is highlighted when some of the key disparities between States in India are examined. For example, while India now has the world’s second largest population, five States alone comprised 44 per cent of the population in 1996, and will constitute 48 per cent of the total population in 2016. In other words, these five States, viz., Bihar, Madhya Pradesh, Rajasthan, Uttar Pradesh and Orissa will contribute 55 per cent of the population growth till 2016 and it is their performance which will determine the year and the population at which the country achieves replacement level of fertility. Also, the rates for literacy swing from as high as 93 per cent in Kerala and 95 per cent in Mizoram to 49 per cent in Bihar. Geographically, the States in South India, viz., Kerala, Tamil Nadu, Karnataka and Andhra Pradesh do far better in terms of social development. An analysis of the nature of backward regions indicates the probable causes underlying their backwardness. For example, a major cause of backwardness of certain regions in Bihar and Orissa can be associated with the distinct style of living of the inhabitants of such regions who are tribals. The topography of a region also constrains development such as in the desert region of Rajasthan. The acute scarcity of water has been identified as a primary cause of backwardness in areas such as Telengana in Andhra Pradesh. Recognising the need to address these disparities, a number of Special Area Programmes and initiatives have been introduced for the development of backward regions. These are:
(a) The Hill Area Development Programme: The main objective of this programme is to ensure ecologically sustainable socio-economic development of hill areas, keeping in view the basic needs of the people. The areas covered under this programme:
- Nine districts of Uttar Pradesh
- Two hill districts of Assam
- Major part of Darjeeling district of West Bengal
- Nilgiris district of Tamil Nadu.
(b) Western Ghats Development (WGD) Programme: The Western Ghats Hill Ranges run to a length of about 1600 km—more or less parallel to the west coast of India. The main problems of this region are the pressure of increasing population on land and vegetation, and undesirable agricultural practices which have led to ecological and environmental problems in the region. The fragile ecosystem of the hills has come under severe pressure because of large areas under river valley projects, denudation of forests and adverse effects of floods, amongst others. The WGD Programme was launched to help the areas in dealing with these problems.
(c) Border Area Development Programme: This Programme was started in 1986–87 for the balanced development of border areas of States bordering Pakistan, viz., Jammu & Kashmir, Punjab, Gujarat and Rajasthan. During the Eighth and Ninth Plans, the programme was enlarged to cover the States bordering Bangladesh, Myanmar, Bhutan, Nepal and China. The main objective of the programme is to meet the special needs of the people living in remote, and inaccessible areas situated near the border.
Particular emphasis is being given to the improvement and strengthening of the social and physical infrastructure of these areas.
(d) North-Eastern Council (NEC): The NEC was set up in 1972 for ensuring a balanced and co-ordinated development of the North-Eastern States, viz., Assam, Manipur, Meghalaya, Mizoram, Nagaland, Arunachal Pradesh and Tripura. The NEC is an advisory body to discuss matters of common interest to the Centre and the North-Eastern States, formulate a unified and coordinated regional plan (in addition to the State Plan) and review the implementation of projects and schemes included in the regional plan.
Table 1.4: Central plan outlay for major schemes of
social and rural development
(Rs in million)
|
||||
Ministry/Department/Scheme
|
1997–98
|
1998–99
|
1999–2000 (BE)
|
2000–2001 (BE)
|
(a)
Elementary Education
(b) Adult Education
|
33500
|
40450
|
43850
|
54490
|
22650
|
27410
|
28520
|
36090
|
|
810
|
770
|
790
|
1200
|
|
2. Health
|
9180
|
9810
|
10620
|
13780
|
3. Family Welfare
|
18290
|
22530
|
31200
|
35200
|
4. Women and Child Development
Integrated Child Development Services
|
10260
|
11340
|
12500
|
14600
|
6000
|
7680
|
8560
|
9350
|
|
5. Welfare
(Social Justice and Empowerment)
|
8040
|
11470
|
11590
|
13500
|
6. Rural Development and Rural Employment & Poverty Alleviation
#
|
82900
|
93450
|
93510
|
97600
|
(a) Jawahar Gram Samriddhi Yojana (JGSY)* (c) National Social Assistance Programme
(d) IRDP (Swaranjayanti Gram Swarozgar Yojana)**
(e) Rural Water Supply and Sanitation
(f) Rural Housing (including Indira Awas
Yojana)++
|
19530
|
20600
|
16890
|
16500
|
19050
|
19900
|
20400
|
13000
|
|
4900
|
6400
|
7100
|
7150
|
|
5520
|
7010
|
9500
|
10000
|
|
14020
|
16690
|
18990
|
22400
|
|
11440
|
15320
|
16590
|
17100
|
|
7. Other Programmes e.g.
(a) Nehru Rozgar
(b) Prime Minister’s Rozgar Yojana (NRY) Yojana (PMRY)
(c) Swaranajayanti Shahari Rozgar Upkarna @@
|
310
950
1030
|
1360
1620
|
–
1900
1260
|
–
2010
1680
|
A. Total Central Plan outlay on Major Schemes on Social Sectors
(1–7)
|
16440
|
192030
|
106430
|
232860
|
B. Total Plan Expenditure
|
606300
|
683710
|
793950
|
881000
|
C. As percentage of Total Plan Expenditure
|
27.13
|
28.09
|
26.00
|
26.43
|
D. GDP at current market prices (Rs crore)
|
15224410
|
1758276
|
19569970
|
217939910
|
E. As percentage of GDP at current market prices $
|
1.08
|
1.09
|
1.05
|
1.08
|
# From 1999–2000, it includes allocation for three departments viz. Rural Development, Land Resources and Drinking Water Supply
* Jawahar Rozgar Yojana was restructured and renamed as Jawahar Gram Samriddhi Yojana (JGSY) from April 1999
** IRDP has been renamed as Swarnajayanti Gram Samriddhi Yojana (JGSY) from April 1999 and its allied programmes like TRYSEM, DWCRA, SITRA, GKY and MWS merged with it
++ The Indira Awas Yojana (IAY), earlier a sub scheme of JRY has become a separate scheme from 1.1.1996
@@ Is a rationalised version of the erstwhile schemes of Urban Basic Services, NRY and PM’s Integrated Urban Poverty Eradication Programme
$ Ratios to GDP or at current market prices (base: 1993–94) released by the Central Statistical Organisation (CSO). Advance Estimates.
Source: Indian Economic Survey, 2000–2001
SECTION II
DEFINITION OF THE CHILD
Article 1
197. Article 1 defines the holder of rights under the CRC as “every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.” The Convention clearly specifies the upper age limit for childhood as 18 years, but recognises that majority may be obtained at an earlier age under laws applicable to the child. The article, thus, accommodates the concept of an advancement of majority at an earlier age, either according to the federal or State laws of a country, or personal laws within that country. However, the upper limit on childhood is specified as an age of ‘childhood’ rather than “majority”, recognizing that in most legal systems, a child can acquire full legal capacity with regard to various matters at different ages.1
198. Thus, while the Convention defines a “child” as every human being below the age of 18 years, it allows for minimum ages to be set, under different circumstances, balancing the evolving capacities of the child with the State’s obligation to provide special protection. Accordingly, Indian legislation has minimum ages defined under various laws related to the protection of child rights.2
199. Though legislation has been enacted to make 18 years the general age of majority in India, 21 years continues to be the upper limit for childhood for some purposes, partly due to the influence of nineteenth-century English Law and partly due to current exigencies.3 For example, India recognizes 21 years as the age of majority in circumstances where a guardian has been appointed by the Court for a child below the age of 18 years.4
200. With respect to the rights of the child in the womb, the legislation in India is in harmony with the interpretation of the Convention. The articulation of the “right to life” in the Indian Constitution reflects the English Common Law approach, in that it states that this right is conferred on a “person”. Although India has permitted medical termination of pregnancy through legislation enacted in 1971, this recourse can be taken only in the following cases: (a) the continuance of pregnancy would involve a risk to the life of the pregnant woman or a grave injury to her physical and mental health or (b) there is substantial risk that if the child is born, it would suffer from such physical or mental abnormalities that it would be seriously handicapped. Significantly, section 20 of the Indian Succession Act gives the right to property to a child in the womb whose parent dies intestate and who is subsequently born alive—he/she will have the same right to inherit as if he or she had been born before the death of the parent.5
201. Varying ages of legal capacity is a phenomenon that can be seen in many countries. However, while the CRC’s definition of childhood can be perceived as setting a basic minimum standard in view of article 41, which declares that “nothing in the Convention or any of its provisions shall effect realisation of the rights of the child” under the law of a State Party, it is essential that there is some synchronisation of the upper age limit for childhood. India has achieved this to a large extent, for instance, the minimum compulsory age of education is 14 years. The various laws relating to labour prohibit a person under the age of 14 years to work. Thus, the minimum age at which compulsory education ends synchronises with the minimum age of employment.6 The age of capacity to contract a marriage is 18 years for a girl and 21 years for a boy, for all communities. The Child Marriage Restraint Act, 1929, defines a child as a person who, if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age. Under Section 5 of this Act whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment upto three months and shall also be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.7 This uniform legislation is an effort to discourage child marriages under personal laws.8
202. However, regarding certain aspects that are deeply rooted in the community, and compounded by historical poverty and vulnerable socio-economic conditions, there is a gap between laws and their enforcement. For example, child labour is a fact that exists in our country, and in spite of our consistent efforts, child marriages are still prevalent. The Government has already initiated action to review and amend the laws pertaining to rape and sexual consent, so as to remove any discrepancy between girls and boys.
Table 2.1: Minimum legal age defined by national legislation
Age (years)
|
|||
|
Boys
|
Girls
|
|
End of compulsory education*
|
14
|
14
|
|
Marriage*
|
21
|
18
|
|
Sexual consent**
|
Not defined
|
16
(Section 375 of the Indian Penal Code)
|
|
Voluntary enlistment in the armed forces*
|
16
(A person is allowed to take part in active combat only at
the age of 18)
|
||
Conscription into the armed forces India.
|
There is no conscription in India.
|
There is no conscription in India.
|
|
Participation in hostilities
|
Not applicable
|
Not applicable
|
|
Admission to employment or work,including hazardous work, part-time and
full-time work*
|
14
18
14
14
14
14
14
14
|
14
18
14
14
14
14
14
14
|
|
Criminal responsibility*
|
12
(Section 83 of the Indian Penal Code, according to which, nothing is an
offence which is done by a child above seven years of age
and under
12 years, who has not attained sufficient maturity of understanding
to
judge the nature and consequences of his conduct on that occasion. It may be noted that children below the age of seven years are deemed to be incapable of criminal offence as per section 82 of the Indian Penal Code) |
||
Juvenile crime
|
18
The Juvenile Justice and Protection of Children) Act, 2000.
|
||
Deprivation of liberty, including by arrest, detention and imprisonment,
interalia in the areas of administration of justice, asylum-seeking
and
placement of children in welfare and health institutions*
|
There is no age limit for deprivation of liberty because as per Article 21
of the Constitution of India, all citizens have protection to life and personal
liberty.
|
||
|
Boys
|
Girls
|
|
Capital punishment and life imprisonment* Giving testimony in court, in
civil and criminal cases*
|
18
Section 118 of the Indian Evidence Act states that all persons shall be
competent to testify unless the court considers that they are prevented from
understanding the question
put to them or from giving rational answers to those
questions by virtue of tender years, extreme old age, disease, whether of
body
or mind or any other cause of the same kind. Therefore all persons
irrespective of their age are competent to testify in court provided
the adult
or child understands the question.
|
||
Lodging complaints and seeking redress before a court or other relevant
authority without parental consent*
|
There is no minimum age prescribed for lodging complaints and seeking
grievance before a court or other relevant authority without
parental
responsibility.
|
||
Participating in administrative and judicial proceedings affecting the
child*
|
As mentioned above.
|
As mentioned above.
|
|
Giving consent to change identity, including change of name, modification
adoption, guardianship*
|
18
For modification of family relations, adoption, and guardianship, there is
no minimum age prescribed.
|
||
Having access to information concerning the biological family
|
Not defined.
|
Not defined.
|
|
Legal capacity to inherit
|
According to Section 20 of the Hindu Succession Act, even a child in the
womb has the right to inherit property and it shall be deemed
to from the date
of death of one who died intestate. However, as per Section 4 of the Hindu
Minority and Guardianship act, 1956,
the guardian will have the powers to take
care of the property of such a minor.
|
||
To conduct property transactions
|
21
Section 11 of the Indian Contract Act, 1972, states that a person is
competent to contract only if he/she is a major and is of sound
mind.
|
||
To create or join association
|
Not defined.
|
Not defined.
|
|
Choosing a religion or attending
religious school teachings |
Not defined.
|
Not defined.
|
|
Consumption of alcohol and other
controlled substances** |
21
|
21
|
Source: *NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, Government of
India (GOI)
** Responses to the List of Issues raised by the UN Committee on the Convention on the Rights of the Child, Department of Women and Child Development, GOI
*** Child and Law, Indian Council for Child Welfare, Chennai, Tamil Nadu, page 507
SECTION III
GENERAL PRINCIPLES
A. Best Interests of the
Child
Article 3
203. Article 3 (1) of the CRC requires the legislature, the executive, the major agencies of government, courts of law and private social welfare institutions within a country to make the ‘best interests of the child’ a primary consideration in their action and decisions. Almost 40 years before the CRC, the Constitution of India adopted a similar view towards children and incorporated many provisions to ensure their best interests:
204. The principle of upholding
the best interests of the child is not only reflected in the Constitution of
India but also in the National Policy for Children, the National Plan of Action
for Children (1992), the proposed National Charter
for Children and the terms of
reference of the proposed National Commission for Children, as well as in other
schemes and programmes
related to children.2
Legislative
measures
205. The best interests principle is reflected in national legislation in
relation to decision making about individual children, for
example, in
proceedings of divorce or separation, in adoption and in State intervention to
protect children from abuse. This principle
is also echoed in legislation and
programmes covering large groups of children and their families, such as various
poverty-alleviation
programmes, distribution of low-cost essential commodities
through the public distribution system, employment-generation programmes
for the
poor, low-cost housing schemes for the poor and free education for children
belonging to the disadvantaged sections of society.
The concept of the
child’s ‘best interests’ has been used in guardianship
litigation in India to take into account
the child’s wishes and
preferences in a context where the child is mature enough to express a
considered opinion on a matter
concerning his or her life. The Guardianship and
Wards Act provides guidelines for deciding what is best for the child, giving
consideration
to age. The focus on the child’s ‘best
interests’ contributed to the introduction of the paramountcy of the
‘best
interests of the child’ concept into the codified Hindu Law
in 1956. The concept provides for decision making by Juvenile Welfare
Boards in a child-centred environment. This Act has many innovative features
such as limiting access to lawyers and limiting the
time for enquiries, all of
which ensure that the child’s interests are safeguarded.
Judicial
interpretation
206. The Supreme Court of India has developed the concept of social interest litigation to enforce the Fundamental Rights and give strength to the Directive Principles of State Policy. It is of interest that several leading cases of social interest litigation concern the rights of children either because they impact on children or have been brought specifically before the courts to address infringements of the rights of children guaranteed by the Constitution. Social interest litigation thus represents a vital opportunity to realize ’best interests’ of the child in an environment of cooperation between the Government, the courts, and non-governmental and private agencies concerned with children. Judicial activism is also a strategy for promoting State accountability and compelling action. Since the superior court has the power of judicial review, it can challenge legislation as well as administrative action or inaction for infringement of Constitutional guarantees. This creates an environment in which international standards on developing a consensus on safeguarding the child’s interests can be linked with the Constitutional law developments.
207. For instance, in two recent cases of social interest litigation initiated in the Supreme Court, on the basis of concern for the situation of children of prostitutes, the court took judicial notice of their situation and appointed committees to study and report on this problem. In one of these cases, the court refused to give an order requiring the GOI to make provisions for separate schools with vocational training facilities and separate hostel for children of prostitutes. The court declared that such policies of “segregation” would not be in the “best interests” of these children, and that they must be brought up to “mingle with others and become part of society”. Other notable examples of judicial activism have been dealt with in the report in different sections.
Box 3.1: High court upholds ‘best interests of the
child’
The Rajasthan High Court has allowed nine-year-old Ankit to live with his
mother, Seema, in Rajasthan, holding the decree of a foreign
court granting
custody to his father, Allan Davinder Walia, as illegal.
The High Court relied on the theory that the welfare of the child would be
best served by his mother. The High Court said that “We
think that it will
be in the best interest of the minor to allow him to continue with his
mother.”
|
Source: The Times of India, January 2, 2001 Policies and programmes
208 Wherever policies and schemes are being framed, the Government collects inputs from an array of sources. In addition to inputs generated by the Government’s own machinery at all levels, interaction with NGOs on specific issues also leads to the best interests of the children being seriously considered before a final decision is taken. In the democratic set-up that exists in India, a number of suggestions are received through people’s representatives such as members of Parliament and members of Legislative Assemblies. Many child-related issues like children’s education and working conditions have been brought to the notice of the Government through this route. These processes, the Government feels, contribute to ensuring that the best interests of the child are kept in view while formulating policies and schemes. Side by side, NGOs have drawn specific attention to the absence of child rights in the agenda of political parties. They also feel that much remains to be done by way of introducing appropriate legal measures, as well as taking steps to ensure that these are effectively implemented. According to NGOs, the administration may need to be equipped better for promoting children’s rights. In addition, concerned officials should be sensitized to issues related to children.3
209. The bests interests of the child in family life are reflected in the National Policy for Children, which, inter alia, stresses the need to strengthen family ties so that the child’s full potential could be realised within the normal family, neighbourhood, and community environment.4
210. The best interests of the child have also been ensured through the Central Adoption Resource Agency (CARA), which has been set up under the Ministry of Social Justice and Empowerment for looking after the best interests of the child as well as to function as a clearing house of information regarding adoption of children. Apart from this, voluntary coordinating agencies in almost all States have been set up in association with NGOs to promote the best interests of the child through adoption. The issue has been dealt with in detail under the section on adoption. The Juvenile Justice (Care and Protection of Children) Act, 2000, provides for the treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters related to and disposition of delinquents.5 The administration of this Act has been dealt with in detail under the section on Administration of Juvenile Justice. The Ministry of Social Justice and Empowerment has undertaken programmes for the care and rehabilitation of abandoned, neglected, orphaned and homeless children. The welfare services being provided under the scheme include food, shelter, education, health, and vocational training. The programme has been dealt with in detail under the section on Separation from Parents. Social security for children in India, however, is not a separate entity, although the GOI has launched various programmes and activities which provide child care services and facilities so as to prevent child abuse and neglect. (For further details please refer to the section on Social Security).
211. The principle of “best interests of the child” is given due consideration while adopting budgets, policies and programmes at the State and local levels. Budgets for specific sectors are decided at the State level through an elaborate procedure which involves the departments concerned submitting their proposals for provisions in specific sectors that directly affect child welfare. The Finance Department, in consultation with the department concerned, processes these proposals. Understandably, the finalisation of the budget is mainly based on the available resources and the priorities of the Government. It is hoped that as more awareness about this principle is generated, the preparation of proposals will generate greater resources and accord primacy to the best interests of the child.
212. According to NGOs, awareness about what should constitute the best interests of the child is lacking among most adults who regularly interact with children or influence their lives in some way. Secondly, there is general lack of will to implement and protect the best interests of children. Some examples quoted with reference to school life were:
213. At the
family level too, it is felt that children’s needs are rarely considered
in family-level decisions, including those
decisions that are likely to affect
their lives. Older children, especially girls, are entrusted with the care of
their younger siblings,
and as a result are deprived of the opportunity and
right to education.6
Standards for public and private
institutions
214. In order to establish appropriate standards for all public and private institutions concerned with services and facilities responsible for the care and protection of children, minimum standards in child care were first evolved by the Indian Council for Social Welfare in 1954. Thereafter, in 1959, the Central Social Welfare Board set up a committee on the grants-in-aid code, which examined the advisability of defining minimum standards for various social services for children and women. Accordingly, in various legislations such as the Suppression of Immoral Traffic in Women and Girls Act, 1956, and Probation of Offenders Act, 1958, provisions relating to the maintenance of minimum standards in institutions set up for women and children have been spelled out.
215. The Model Rules under the Juvenile Justice Act, 1986, provided that each child care institution should have the necessary staff and ensure that (a) regular treatment is available for the medical treatment of the children, (b) arrangements are made for immunisation coverage, and (c) a system is evolved for the removal of serious cases to the nearest civil hospitals or treatment centres. These rules further provided that immediate action should be taken in respect of an inmate who is suffering from leprosy or is of unsound mind or is addicted to a drug. The Model Rules also elaborate that each State Government should prepare a diet for children in consultation with nutrition experts so that their diet is balanced, nutritious, wholesome and varied. As regards clothing, bedding and other articles, these should be provided to each child in accordance with the norms prescribed by State Governments.
216. To ensure compliance with rules and procedures, the State Governments provide for necessary staff for inspection. For example, the Chief Inspector, Inspector and Assistant Inspector during the course of an inspection is expected to give every child an opportunity to make any complaint. The Model Rules also exemplify that the State Government shall provide for the training personnel for each category of staff in keeping with their statutory responsibilities and specific job requirements.7 [Model Rules under the Juvenile Justice (Care and Protection of Children) Act, 2000, are currently under preparation].
217. There are mechanisms for establishing and maintaining standards in private and public nstitutions that deal with the care and protection of children, in matters of the institutions themselves, their services and their facilities. Institutions receiving grant-in-aid from the Government have to conform to the grant-in-aid code of the Government. All assisted institutions are subject to inspections by Government departments. In addition to regular inspections, surprise inspections are also carried out in case of specific complaints or on a random basis. In case such inspections lead to the detection of serious irregularities, the recognition of the institution by the Government is cancelled. If the irregularity is not very serious, the institution concerned is asked to comply with the specified requirements and may have its grant cut. These steps ensure that institutions supported financially by the Government for the purpose of child care and protection conform to the objectives and priorities of the Government.8
218. While promoting the principle of the best interests of the child, the GOI is currently focusing on issues related to the promotion of a child rights based approach and participation in training of professionals dealing with child rights.9
B. Non-Discrimination
Article 2
Constitutional provisions, policies and legislation
219. The guiding principles underpinning the Constitution of India are equality before law, equal protection to all and non-discrimination. The standards set by the Constitution link to the standards set by article 2 of the CRC. Equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed, cabbined and confined” within traditional limits (E.P. Royappa vs. State of Tamil Nadu).1 Articles of the Constitution of India reflect this concept, in the interpretation of equality and non-discrimination. Article 14 of the Constitution, holds that “The State shall not deny to any person equality before law or the equal protection of law within the territory of India.” article 15 enjoins upon the State not to discriminate against any citizen on the grounds of religion, race, caste, sex or place of birth. Clauses 3 and 4 of Article 15 are exceptions to the general principles of non-discrimination. They empower the State to make special provisions for women and children, respectively, and for the advancement of any socially and educationally backward classes of citizens or for SCs/STs. Article 17 has abolished untouchability and forbidden its practice in any form. To enforce this solemn commitment, the Government passed the Untouchability (Offences) Act in 1955. It was amended in 1976 and is now known as the “Protection of Civil Rights Act, 1955”. Articles 25–28 provide to all persons guarantees of the Right to Freedom of Religion in all aspects. Article 29 of the Constitution of India guarantees to “every section of the citizens”, residing anywhere in India and “having a distinct language, script or culture”, the right to conserve the same. No citizen can be denied admission to any educational institution maintained and aided by the State on the grounds of religion, race, caste or language. Article 30 states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
220. In keeping with its objective of securing social and economic justice to all, the Constitution makes certain provisions to help the weaker sections of society and to remove all biases. However, while Constitutional provisions in India refer to an individual’s right of equal admission to educational institutions, this is qualified by stating that this shall not prevent affirmative action on behalf of disadvantaged groups. Constitutional norms, therefore, justify intervention on behalf of many disadvantaged groups of children, such as girls, children belonging to SCs and STs, children born out of wedlock and disabled children, as correctional policy measures to eliminate inequality.2 The Constitution of India underlines the importance of achieving substantive rather than purely formal equality in specific areas which justify affirmative action policies on behalf of women and children. Thus, a provision on the guarantee of equality before the law and non-discrimination on specified grounds states that the article on equality shall not be construed so as to prevent “special provisions for women and children”. These constitutional provisions, thus, reflect a commitment to realizing gender equity and preventing discrimination against girl children. The standards set by the Convention, on non-discrimination against girls is already clearly articulated in the Constitution.3
Box 3.2: Measures taken to preserve tribal culture and
prevent discrimination
A number of schemes are being implemented to help tribal children such as
the ‘Grain Schemes’ in tribal areas through
which food grains are
given to tribal families to motivate them to stay in their villages or hamlets.
Industries are also being set
up in the tribal belts to prevent the tribal
population from moving out. The Department of Education formulated a very
ambitious
scheme of teaching tribal children in primary classes in their own
dialects. Textbooks in ‘Bhili’ and ‘Dangi’
dialects were
also brought out for children studying in the primary classes. Discrimination
does not exist in most rural areas since
most of the time all the children
studying in a particular class or school belong to the same caste or tribe.
Teachers are also specially
instructed to ensure that they do not discriminate
between students belonging to different ethnic groups.
|
Source: Gujarat State Report, Government of Gujarat
221. The caste system has been a dominant feature of Indian social life for centuries. Nevertheless, several trends such as urbanisation, positive discrimination, growing literacy and economic growth have been whittling down caste barriers, particularly in urban areas. Parliament has also enacted the SCs and STs (Prevention of Atrocities) Act, 1989, as a welfare legislation, with the object of preventing atrocities against the members of Scheduled Castes and Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto. The framers of the Indian Constitution did not overlook the need to provide a separate Commission for SCs and STs. The National Commission for SCs and STs, which was reshaped in 1978, advises on broad issues on policy and levels of development of SCs and STs.4
222. There is an affirmative action policy for children of backward castes and Scheduled Tribes in Tamil Nadu and many other States for admission to higher education institutions and Government service. Programmes oriented towards their welfare are monitored through the Commission for Scheduled Castes and Tribes and Commission for the Welfare of Backward Classes, Minorities and Women.5
223. In order to prevent discrimination against the most disadvantaged groups of children, the GOI has enacted a wide range of laws and policies, all of which protect their rights. Some prominent laws are the Child Labour (Prohibition and Regulation) Act, 1986; the Immoral Traffic (Prevention) Act, 1986; the Juvenile Justice Act, 1986; and Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Similarly, some prominent policies enacted by the GOI are the National Policy for Children (1974), the National Policy on Education (1986) and National Policy on Child Labour (1987).6 Apart from guaranteeing equal opportunity for all under the Constitution, India also has specific laws for women. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) has been ratified by India in 1993. The National Policy on Education, 1986, directly addresses the question of setting right the traditional gender imbalances in education and makes a strong commitment in favour of education for women’s equality.
224. To meet the challenge against discrimination against the girl child, members of the South Asian Association for Regional Cooperation (SAARC) collectively observed 1990 as the Year of the Girl Child and 1991–2000 as the SAARC Decade of the Girl Child. The GOI also developed and disseminated a National Plan of Action for the Girl Child (1991–2000) in 1992 for the “survival, protection and development of girl children”. The Plan recognized the rights of the girl child to equal opportunity to be free from hunger, illiteracy, ignorance and exploitation.7 For monitoring the implementation of the Plan of Action, an inter-ministerial Coordination Committee of Secretaries has been constituted to meet regularly and review progress. In the National Policy for the Empowerment of Women, a policy framework has been laid down for the elimination of discrimination and violation of the rights of the girl child. The Indian Penal Code and the Immoral Traffic (Prevention) Act (ITPA) make the offences of child trafficking, prostitution of children and sexually abusing them, liable for a higher punishment than the perpetration of such offences against adults. The ITPA contains a provision for presumption of guilt on the part of a person under certain circumstances when the victim is a child who has been sexually abused. The Supreme Court, in a social interest litigation, ordered the Central and State Governments to set up advisory committees for recommending measures to eradicate child prostitution. The Committee drew up a Plan of Action to Combat Trafficking and the Commercial Sexual Exploitation of Women and Children, containing action points grouped under prevention of trafficking, health services, education, awareness generation and social mobilisation, economic empowerment programmes, legal reforms and law enforcement and monitoring.
225. One of the major steps taken to prevent discrimination against disabled persons was the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The International Year of Disabled Persons (IYDP) in 1981 helped create awareness in societies that disabled persons are also a “human resource”. Several other measures have been taken up to ensure the rights of children with disabilities.8 (For details refer to section 23). However, in most situations, disabled children are judged as a group according to their disabilities and not as individuals or as children. They often do not enjoy personal or economic security, and many are victims of deprivation, pain and poverty. These children are most in need of means of survival and access to a social safety net, equal opportunities for education and development of their potential to the maximum.
226. Street children who also face discrimination in their daily lives, are
categorized into three groups: (a) children on the streets
who live with
their families (b) children for whom the street is their home, and
(c) children on streets who have no contact at all
with their families. The
last category includes orphans, refugees, and runaways. Government institutions
run under the Juvenile Justice
(Care and Protection of Children) Act, 2000,
provide services for the development and rehabilitation of neglected and
juvenile delinquents.
Street children are covered by a mechanism called the
Juvenile Justice System.9 (The issue has been dealt with in
detail under the section on Administration of Juvenile Justice.)
Girl
child
227. Gender is gradually becoming an integral part of all child development policy, planning, programming, monitoring, evaluation and information gathering activities.10 However, in India, the girl child still occupies a position far inferior to that of a male child. Prioritising the needs of the girl child, as deserving of special attention within the larger group of women, has been a principle guiding state action in India. In preparation for the Beijing Platform for Action 1995, India led a struggle for the inclusion of a separate chapter highlighting the importance of investing in the girl child—into the Platform for Action. This addition was significant. It implies that investments made in the first and second decades of a woman’s life will provide incremental returns and help to break the cycle of inequality and deprivation for the adult woman. The need for priority action to improve the situation of the girl child is underlined throughout the Platform for Action, which proposed a dual strategy: first, measures for mainstreaming sectoral programmes so that they reach and serve girls who are systematically discriminated against. Second, targeted programmes and advocacy initiatives designed and implemented to address specific concerns for girls. At Beijing, while accepting the Platform for Action without reservation, India made five additional commitments to improve the situation of women and girls. While all will benefit girls, the women of tomorrow, two were specifically targeted to improve the situation of girls immediately. These were an increase in the education budget to six per cent of GDP and an improvement in the development support and health care schemes for women and children.11
Box 3.3: Convention on abolition of female
foeticide
The Indian Medical Association in collaboration with the National
Commission for Women and UNICEF organised a Convention of national
religious and
political leaders on the abolition of female foeticide and infanticide on June
24, 2001 in New Delhi.
The Convention was held against the backdrop of alarming revelations by
2001 Census that the female-male sex ratio (933 to 1000)
in India is the lowest
in the world. The situation was even more dismal in some of the prosperous
States with the sex ratio at 733
in Chandigarh, 821 in Delhi, 861 in Haryana and
864 in the Punjab.
The Convention was also historic because religious leaders representing a
wide spectrum ranging from the Parsis, Bahais, Jains, Christians,
Hindus and
Muslims, shared a common platform to condemn the practice of female
foeticide.
Led by Jagadguru Shankaracharya of Kanchi, the leaders said that they
would use all their resources to propagate among the Indian
masses the need to
stop this heinous practice.
Speaking at the Convention, NCW Chairperson said that there was an unholy
alliance between patriarchal attitude and modern technology
resulting in brutal
murders of girl-children in the womb. She appealed to the religious leaders, who
influenced the thinking and
the behaviour of their followers, to condemn this
social evil.
Another speaker said that the root cause of this retrograde practice was
dowry which undermined the status of a girl child and a
woman in the society. He
appealed for reform in religions which should be alive to the rights of
women.
The Chief Minister of Delhi spoke of the urgent need to change mindsets by
breaking blind beliefs in rituals. The Minister for Human
Resource Development,
admitted the Government’s failure to stop female foeticide despite 17
different laws against it. The
Minister appealed to the religious leaders to
reinterpret the scriptures according to the changing times. He felt that the
opinions
of the seers would have more impact on the masses than the laws. The
Minister of State, Department of Women and Child Development,
wished that women
were treated neither as godesses nor as slaves; let them be accepted as human
beings, she pleaded.
The IMA secretary, reiterated the Association’s decision to
ostracise doctors doing diagnostic tests to determine the sex of
a child or
conducting abortion of a female foetus.
The National Commission for Women appeals to all members of the society to
respond to the need of the hour and rise to the occasion
to give an unborn girl
child a future to look forward to.
|
Source: Rashtra Mahila, June 2001
228. Hwever, while all rights apply to all children without exception, many girl children are systematically denied their rights from the day they are born. A girl child’s experience of discrimination begins at home. Girls are often malnourished because mothers tend to breastfeed their daughters for a shorter period of time than their sons; girls are generally the last ones to eat a meal in the family and when nutritious protein is available it is usually given to the sons. Families do not often seek medical care for their daughters until the illness has progressed, and even then girls are rarely taken to the hospital— as a last resort, families often only consult the traditional healer to help cure a girl’s illnesses. More than half of India’s girl children do not go to school— and if a girl does go to school, she is likely to drop out before she is 12 years old. The negative bias against the girl child is also reflected in the widespread use of sex determination tests and prevalance of female foeticide/infanticide. This issue has been dealt with in detail in the next section.
229. An area of concern is India’s unfavourable sex ratio, which is primarily due to a higher female mortality rate as compared to the male mortality rate right upto the age of 35 years. Every year, about 12 million girls are born in India; three million, or 25 per cent, do not survive to see their fifteenth birthday; a third of these deaths take place in the first year of life. Thirteen per cent of female deaths before the age of 24 years are due to complications in pregnancy and childbirth. Though the expectancy of life at birth has improved over the years and the mortality for all ages has declined sharply, major gains in female life expectancy have accrued mainly to the older age group.
230. The attitudes towards girls are reflected in the following social trends.
231. Gender discrimination results in malnutrition of girls on a large scale, with 45 per cent of India’s girls suffering from stunted growth as opposed to 20 per cent of boys. Due to dietary deficiencies, adolescent girls do not achieve their potential weight and height. Also, 35 per cent of rural adolescent girls have a weight below 38 kg and a height below 145 cm. Additionally, adolescent girls are highly susceptible to anaemia, which is often responsible for miscarriages, still births, premature births, low birth-weight babies and maternal mortality during childbirth. Undernourished girls who grow into undernourished mothers continue a vicious intergenerational cycle of under-nutrition and wastage of women.
232. Girls work at home. Their work is invisible because it is located in the domestic sphere—this invisibility apportions a secondary status that perpetuates gender discrimination. Working at home is not considered labour because this work is largely unseen and no money exchanges hands, but in real terms, by the time a girl leaves home she will have contributed more than Rs 40,000 to the household income. On an average, girls work 10 hours a day in the home and are more likely to drop out of school because of household demands. If girls try to balance school and household chores, they will not perform as well as boys. Girls are kept at home to look after their siblings, allowing their mothers time to earn money outside of the home.
233. India has the lowest female marriage age in the world: three million of the 4.5 million marriages that take place each year, are of girls below the age of 18 years old. In India, although a girl must be 18 years of age before she can be legally married, many child marriages take place nonetheless. Young brides are more likely to be uneducated, dependent and unaware of their rights.
Box 3.4: CARE-India initiative: Girls’ Primary
Education (GPE)
In support of Universal Primary Education (UPE), the national goal of the
country, CARE-India initiated a GPE pilot project in 1995
for developing
innovative and effective strategies for promoting primary education amongst
girls. It is aimed at increasing access
to education by promoting and supporting
formally equivalent education programmes in collaboration with NGOs and
community groups.
It strives to impact those demand and supply factors which
impose impediments in girls accessing education. Project inputs are focused
on
those issues that are immediate causes of low female literacy.
Some of the major activities of the project include community mobilisation
through awareness and training of parents, key persons
at the household and
village level, school teachers and other stakeholders. Other strategies include
generation of demand for girl’s
education, increasing the accessibility
and linkages with the formal education system and improving both quality and
relevance of
education. GPE is being implemented in the of Uttar Pradesh and
Rajasthan.
The project strategies are based on sound principles of designing inputs
at the grassroots as also best practices demonstrated by
successful programmes
in India and abroad. For the realisation of universalisation the difference
between the participation of boys
and girls in elementary education is the
biggest single gap that needs to be filled. The problem of UPE is in essence the
problem
of the girl child’s education. Gender disparity, particularly in
the rural areas, reflects the social attitude towards the
girl child.
The CARE-GPE project has taken due cognisance of this aspect and in a
strategic way has addressed the immediate constraints related
to low demand.
In the GPE project, it is envisaged that community-based organisations
will be the direct implementors of the project. The strategy
is likely to ensure
and facilitate sustainability.
|
Source: Umang–Enrichment of Early Childhood Care and Development, CARE-India
234. Early marriage invariably means an early pregnancy because most marriages are consummated when a girl reaches puberty. Early pregnancies endanger the life of both the mother and child, and can cause interruption in the physiological growth or prolonged and obstructed labour. Studies reveal that 540 mothers die for every 10,000 live births in India. Early pregnancy also increases the chances of premature delivery and low-birth weight babies (23 per cent of babies in India are born weighing under 2.5 kg according to an NFHS-2 survey) who are at risk of infant mortality. Moreover, 50 per cent of all women are anaemic.
Promoting education for girls
235. In India, girls are often not sent to school or their education is discontinued at an early age. Gender disparities persist in all educational indicators, especially with regard to enrolment and retention in primary, upper primary and higher levels of school education. The situation is much worse in rural and tribal areas. Eighty-three per cent of the total population of girls in India are enrolled in primary school, but half of the enrolled girls drop out before they are 12 years old. Many parents do not value a girl’s education and prefer to keep girls at home to look after their siblings rather than incur the extra cost of school supplies.
236. The girl child in especially difficult circumstances is thrice disadvantaged on account of poverty, hardship and gender. As per the 1991 census, out of 11.28 million child labourers, 3.42 million girls under 14 years of age were main workers and 1.68 million were marginal workers. In India, much of a young girl’s work is invisible and remains unrecognized and undervalued. A larger number of girls are engaged in the unorganised sector. In rural areas, the majority are unskilled, low paid workers. Nearly 50 per cent of female child labour in urban areas is engaged in household responsibilities and sibling care, or is engaged as domestic child labour. As per Crime in India-1996, the incidence of child rape increased and the share of child rape victims to total rape victims was 27.5 per cent. There has also been an increase in the buying of girls for prostitution (22 per cent), female foeticide (39 per cent) and child marriages (89 per cent). While, juvenile crime in India has declined and during 1995–96 the share of juvenile crime was only 0.6 per cent, there has been an increase in the number of girls apprehended. The proportion of girls apprehended reached 26.3 per cent in 1996. Out of nearly nine lakh prostitutes in India, four lakh are children below the age 14 years. Commercial child prostitution is estimated to be increasing at the rate of 8–10 per cent per annum. Traditional forms of prostitution also exist in India, for example, 50 per cent of all prostitutes in Maharashtra began as ‘devadasis’ (dedication to a local deity in accordance with superstition). Causes of trafficking of girls are poverty, limited economic opportunities, kidnapping, rape, disintegration of rural and tribal communities and forced prostitution. Additionally, destitute and abandoned girls among the street children and young girls in urban slums are commonly victims of exploitation and sexual abuse.
Central government interventions
237. In recognition of the need to address the requirements of girls and women, the Sixth Plan (1980–85) introduced a separate chapter for women. There was an attempt at a holistic planning approach to women, stressing economic independence and advocating a public policy package that included ownership rights and enforcement of wage laws. The Department of Rural Development announced a 30 per cent quota for women in all anti-poverty programmes for the rural areas. A special programme “Development of Women and Children in Rural Areas” was introduced.12 Most significantly, a separate Department for Women and Child Development was created in 1985.
238. The Governmental approach under the National Plan of Action for the Girl Child includes raising consciousness levels of the parents, who are the decision-makers within the family unit. It also aims at eliminating all forms of violence, overt and covert, perpetuated against the girl child and provides inputs for personality development of the girl child, so as to enhance her self-image and enable her to take her own decisions. In 1998, the GOI dedicated the fourth week of September as Girl Child Week. The DWCD led a policy dialogue on “Bridging the Gender Gap” with all interested groups: NGOs, media and Government. Through the week, events were organised in villages, urban slums, schools and colleges. The laws against female foeticide and the Immoral Traffic (Prevention) Act, 1956, are only part of a series of legislation aimed at protecting the rights of the girl child. The Hindu Succession Act was amended in 1993 to ensure equal rights to the girl child in the property of parents. The enforcing of anti-child marriage legislation and raising of the minimum age of marriage in some States, such as Maharashtra, are other measures that protect the rights of girls.
239. Global trafficking of children and women is considered more profitable than the illegal cross-border sale of arms or drugs. A 1991 study by the Central Social Welfare Board found that 30 per cent of prostitutes were below the age of 18 years. Fifteen per cent had become prostitutes before their fifteenth birthday. To tackle this sensitive issue, India hosted an Expert Group Meeting to negotiate the SAARC Regional Convention on Prevention and Combating Trafficking in Women and Children for Prostitution in 1998. The Convention seeks to take measures to prevent cross-border trafficking through proper international Governmental coordination as well as harmonising of various laws and legal provisions relating to trafficking and rehabilitation of rescued victims. Amendments to the Immoral Traffic (Prevention) Act, have been recommended by the Central Advisory Committee on Child Prostitution in 1998. The DWCD is in the process of amending the ITPA so as to place the burden of proof on the trafficker and to enhance punishment. In 1997, in the case of Gaurav Jain vs Union of India, the Supreme Court directed the GOI to constitute a committee to make an in-depth study of the problems of prostitution and children of prostitutes and to evolve suitable schemes for their rescue and rehabilitation. The Committee has drawn up a Plan of Action to combat trafficking and sexual exploitation of children. The progress of implementation of the Plan of Action is monitored by the Central Advisory Committee. In Tamil Nadu, where the fall in the sex ratio has been significant, a cradle scheme has been started. By offering to adopt girls who would otherwise aborted or killed at birth, the State is giving those girls the right to survive and develop. Cradles have been placed at strategic points both within hospitals and outside.
240. The Government of Tamil Nadu has also instituted the Sivagami Ammaiyar Ninavu Girl Child Protection Scheme as a means of bringing changes in the attitude of the population by providing incentives for adopting a positive preference with regard to the girl child. Financial support is given to parents so that they can provide for the education and marriage of the girl child. Only parents who have undergone sterilization after having one or two girl children will be covered under the programme. Almost 83,000 girls have benefited under this scheme so far.13
Box 3.5: Towards empowerment of women
The 73rd and 74th Amendments to the Constitution are
landmark steps as they ensure not less than one-third reservation of seats for
women among elected membership and functionaries
of the local self-government
system (Panchayats and Nagar Palikas).
Women have enthusiastically responded to this unique opportunity and today
women comprise more than 34 per cent of among the elected
local self-government
members. They have made an impression not only by their inherent competence, but
also their positive responsiveness
to basic social issues. There has also been a
reduction in corruption wherever women are exercising power. A comprehensive
survey
undertaken by the Centre of Women’s Development Studies, New Delhi,
covering three backward States of Madhya Pradesh, Rajasthan
and Uttar Pradesh
found: “These new women in panchayats have reported increase in
self-confidence, positive change in lifestyle,
awareness about critical need of
education and increased concern for village development. There are positive
changes in their own
attitudes and consequent impact on the family. The
Amendments have begun a process of legitimacy to women’s new
non-traditional
role in panchayats which helps the supporting husbands to
share responsibilities without the fear of ridicule and makes others, reconsider
and think
about the women’s new public role.” There are about
one million elected women representatives in panchayats. If we take
2.5 candidates per seat about 2.5 million women participated in the
election in the first round. Direct participation
in the political system by
2.5 million women is itself a major empowering process. Women’s
participation as voters has been
increasing at a faster rate than
men’s.
|
Source: Gender and Governance in India, S. D. Bandyopadhyay, Economic and
Political Weekly, July 29, 2000
Programmes
241. The Department of Women and Child Development is the nodal agency leading the State’s efforts to improve the situation of the girl child. Of these, the Integrated Child Development Scheme, (ICDS), the world’s largest nutrition outreach initiative, is a key intervention. ICDS will cover 90 per cent of the country by the end of the Ninth Plan period and it is supported by a series of targeted interventions. Of these, the Integrated Nutrition and Health Programme is a demand-driven approach operating in seven States, where resources, both material and human are being directed to achieve those changes in health behaviour that can lead to a reduction in mortality and malnutrition. Nutritional needs of adolescent girls are a special area of focus for the Reproductive and Child Health Programme and the proposed National Nutrition Mission. As noted earlier, gender discrimination within the home is often manifest in the unequal access to and the quality of food provided to girls and boys throughout childhood. The effects of years of neglect become visible during adolescence. While one in five adolescent boys is malnourished, 45 per cent of girls are undernourished. The nationwide Adolescent Girls Scheme has been started in 507 ICDS blocks to provide family life education to girls who have dropped out of school. This scheme includes efforts to raise their health and nutritional status and break the intergenerational malnutrition cycle. Girls also learn skills such as tailoring that would help them become economically independent.
242. Since the early 1990s, the Government has recast many of its child-focused projects. The effort has been to ensure streamlining of the delivery mechanism to ensure that girls, particularly from economically and socially disadvantaged families benefit from this process. These efforts have accelerated after the Beijing Conference. Most importantly, the years since Beijing have shown that investments made in the earliest years of a girl’s life ensure greater returns for the child, the family, society and the country.14
243. The Government of India has paid special attention to ensuring that all children, especially girls, SCs and STs have access to primary education. While tuition fees are not charged in State–run schools, most State Governments now provide free uniforms, textbooks and notebooks to girl children. This reduces the financial burden of educating girls. A proposal to provide free education for girls up to university level has also been mooted. Additionally, the problem of girls often having to care for their younger siblings and thus missing school is being addressed. The functioning hours of the ICDS centres are being synchronised with the school hours of the District Primary Education Programme (DPEP) in all blocks where the latter programme is operational. In addition, new ICDS centres are being run either within the school premises or in a room nearby. The availability of child care services has also freed girls to attend school.
244. To supplement the efforts of the Department of Education, DWCD is leading the Girls’ Primary Education project (GPE) in two states with the lowest female literacy—Rajasthan and Uttar Pradesh. Here the effort is to increase girl’s access to education in partnership with local and community groups. This is in line with initiatives launched by States to support the on-going effort to meet the unmet need for education of girls. Studies have shown that it is the perceived economic burden of bringing up a girl, particularly the cost of getting her married, which is at the root of a family’s reluctance to bring a girl into the world. In 1997, as part of the golden jubilee celebrations of India’s Independence, the Prime Minister announced the Balika Samriddhi Yojana, giving cash support to over 2.5 million poor families in which girls were born.
245. There is also a range of initiatives taken by individual States and by some districts and villages. In Rajasthan, under the Shiksha Karmi Scheme for creating para-teachers, young girls who only had secondary schooling, were given special training. Posted to remote rural settlements where often not even a single individual could read or write, these girls have launched quite a revolution. In Madhya Pradesh, the Government operates the Education Guarantee Scheme in collaboration with the local elected leadership. In villages with no school, one school will be provided along with one teacher, if the Panchayat takes on the responsibility of overall school management. In Kerala, educational concessions have been provided to children of socially and educationally backward communities. For instance, girls belonging to the Muslim and Nadar Communities are eligible for special assistance for education.15
246. Supporting the work of gender mainstreaming in all programming is the nationwide effort to develop engendered databases. Sectors for which gender disaggregated data is not available were identified and the Central Statistical Organisation and the DWCD initiated efforts to fill this gap. The Census of 2001 in fact will be the first engendered nationwide, comprehensive information collection exercise. Data gatherers have been specially trained for the purpose and the questionnaires have been analysed from a gender perspective. DWCD has assisted by commissioning pilot surveys to help the process. The Census 2001 will particularly focus on countering the invisibility of women’s work.
247 The Census, the National Sample Survey, the National Health and Family Survey and the Sample Registration System are some of the institutionalised forms used to collect disaggregated data for various groups of children in India.16
C. The Right to Life, Survival and Development
Article
6
248. The GOI’s National Policy for Children, 1974, lays down the framework for actualizing the Constitutional provisions in that “it shall be the policy of the State to provide adequate services to children both before and after birth and through the period of growth to ensure their full physical, mental and social development. The State shall progressively increase the scope of such services so that, within reasonable time, all children in the country enjoy optimum condition for their balanced growth”.
249. The National Health Policy, 1993, gives the highest priority to special programmes for the improvement of maternal and child health. Simultaneously, the National Plan of Action for Children, 1992, also emphasizes the importance of maternal and child health and the targets set in consonance with those of ‘Health for All’. Besides this, the nation’s ongoing maternal and child health programme has been strengthened with the launch of the Reproductive and Child Health Programme in 1997.1 Various measures undertaken by the Government have resulted in a general increase in the life expectancy of people in all regions. (For more details please see section on Basic Health and Health Services.)
Figure 3.1: Expectation of life at birth by sex
250. In India, family-related issues have a direct bearing on the child’s right to life and survival. Emanating from the structure of the family, where the male maintains the continuity of the lineage, there is a preference for sons in most parts of the country and numerous studies of Indian couples have only reiterated this. The NFHS-2 survey shows that 36 per cent of women want sons more than daughters, but only two per cent want daughters more than sons. Son preference is relatively weak in urban areas, among literate women, among women with more education and whose husbands have more education, and among women living in households with a high standard of living. Son preference is observed to be particularly strong in northern and central India and somewhat weaker in the southern and western regions. In tribal populations, the discrimination against women is not severe. The practice of female foeticide, has been recorded in some parts of India. A study on gender differentials in neonatal mortality, using Primary Health Centre (PHC) records shows social causes as the reason for higher female deaths. According to the Indian Penal Code, infanticide is treated as murder and various sections under the Act can be invoked for prevention of the practice. Unfortunately, in most cases, the culpability for the act rests with the mother alone. In a recent ruling of the Madurai Additional Sessions Court, a mother was sentenced to life imprisonment in a case of infanticide, while the father was released.
251. The negative bias against women has taken an alarming dimension recently with the utilisation of the amniocentesis test for detecting the sex of the foetus, followed by selective abortion of the foetus if detected to be female. Apart from the considerable risks to the foetus and the woman, the utilisation of pre-natal diagnostic techniques for selective abortion of female foetuses perpetuates the negative social worth of women. Among the several pre-natal diagnostic techniques like sonography, and chorionic villi biopsy that are being utilised in India, the amniocentesis test has achieved a dubious popularity as the one which provides quick results, and is accurate. These tests can cause a great deal of damage, resulting in bleeding, spontaneous abortions or premature labour. However, the commercial viability of these tests has overtaken ethical considerations. It has been observed that sex detection tests are not confined to big cities but have proliferated to small towns also. The fact that medical technology was being misused was first recognised in 1982 and a campaign was launched to regulate this, culminating in the enactment of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. Under this, pre-natal diagnostic techniques and genetic counselling may be conducted in genetic clinics, genetic laboratories and genetic counselling centres registered under the Act. Use of pre-natal diagnostic techniques must comply with the conditions prescribed in the Act, and is permitted solely for detecting foetal abnormalities.
252. The sharp decline in female sex ratios over the years suggests that female infanticide and foeticide might be largely responsible for this phenomenon rather than general neglect of the girl child.2 The sex ratio is a sensitive indicator of the status of women in any society and the decline in the sex ratio in some States is a great cause for concern.3 According to NFHS-2 survey, the lowest sex ratio is in the State of Haryana with 872 females per 1,000 males. Female infanticide has been reported from parts of Rajasthan, Bihar, Uttar Pradesh, West Bengal and Tamil Nadu.4 The Tamil Nadu Government was the first to acknowledge the existence of infanticide in Madurai district of the State in 1992.
253. It has been seen that institutional deliveries increase the chances of survival for a baby born of a typical rural mother. The NFHS-2 shows that one-third of births (34%) in India took place in health facilities, more than half took place in the women’s own homes, and one in eight took place in their parents’ homes. Births taking place in health facilities were about equally divided between those that took place in a private health facility and those that took place in public institutions (such as government-operated district, block, town, or municipal hospitals and PHCs). Only one per cent of births took place in facilities operated by NGOs and trusts. About two thirds of deliveries in urban areas and one-quarter of deliveries in rural areas took place in health facilities. The Sample Registration Survey (SRS) estimated that a slightly lower percentage of births took place in institutions in 1997 (25% of total births in urban areas, and 18% of births in rural areas). Deliveries in health facilities in India rose from 26 per cent at the time of NFHS-1 (1992–93) to 34 per cent at the time of NFHS-2 (1998–99). However, there are large inter-state variations.
Figure 3.2: Sex Ratio
Source: Census 2001.
254. The IMR is a critical measure of a country’s level of human development. Of the 24 million children born in India every year, not all survive to celebrate their first birthday. Conditions for child survival could be assumed to affect girls and boys equally but in fact this is not the case. Girls suffer from special disadvantages, reflected in the fact that female infant mortality rates are higher than male infant mortality rates. The differential is more pronounced in rural areas. Once again, whether a new born baby girl survives or not depends very much on the State in which she is born. In Orissa, nearly 97 out of 1,000 babies born alive die within the first year. In Kerala on the other hand, only 13 out of 1,000 babies do not survive their first year of life.
Box 3.6: Supreme Court orders strict implementation of
the PNDT Act
The Supreme Court of India, while hearing the social interest litigation
[Writ Petition (Civil) No. 301 of 2000] filed by the Centre
for Enquiry into
Health and Allied Themes (CEHAT), an NGO based in Mumbai and others vs Union of
India, took cognisance of the fact
that female infanticide and foeticide still
persists, in India in spite of enactment of the Pre-Natal Techniques (Regulation
and
Prevention of Misuse) Act, 1984 (PNDT Act).
The gist of the order passed by the Court is as follows:
The GOI has been directed to create public awareness against the practice
of pre-natal determination of sex and female foeticide
through appropriate
releases/programmes in the electronic media.
The GOI has been directed to implement with all vigour and zeal the PNDT
Act and the rules framed in 1996.
Meeting of the Central Supervisory Board (CSB) to be held at least once in
six months.
The CSB shall review and monitor the implementation of the Act.
The CSB shall issue directions to appropriate authorities in all
States/Union Territories to furnish quarterly returns to CSB, giving
report on
the implementation and working of the Act.
The CSB will examine the necessity to amend the Act keeping in mind
emerging technologies and difficulties encountered in the implementation
of the
Act and to make recommendations to the GOI.
The CSB shall lay down a code of conduct to be observed by persons working
in bodies specified therein and to ensure its publication
so that the public at
large can know about it.
All Governments/Union Territory administrations are directed to appoint by
notification, fully empowered appropriate authorities
at district and
sub-district levels and also advisory committees to aid and advise the
appropriate authority in discharge of its
functions.
All Governments/Union Territory administrations are directed to create
public awareness against the practice of pre-natal determination
of sex and
female foeticide through advertisement in the print and electronic media.
Appropriate authorities are directed to take prompt action against any
person or body who issues or causes to be issued any advertisement
in violation
of the Act.
The CSB and the State Governments/Union Territories have been directed to
report to the Court on or before 30th July 2001.
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255. Diarrhoea, which is one of the leading causes of child deaths is sought to be combated by the Oral Rehydration Therapy Programme, which was started in 1986–87, and is being implemented for preventing deaths due to dehydration caused by diarrhoeal diseases among children under five years of age. Oral Rehydration Salt (ORS) is being used for the proper management of cases with diarrhoea. The GOI is organising the supply of ORS packets to the States.
256. The large number of deaths in early childhood accounts for the skewed overall sex ratio. Malnutrition is also a significant underlying factor in many of these deaths. The ICDS, based on the rationale that care, psychosocial development and the child’s health and nutritional well-being mutually reinforce each other, provides a package of services that includes supplementary nutrition, nutrition and health education and prophylaxis against nutritional anaemia and vitamin A deficiency.
257. The ICDS, with its opportunity for early childhood development, seeks to reduce both socio-economic and gender inequities. The ICDS programme was launched on October 2, 1975, in 33 blocks more than 25 years ago. Today, ICDS represents one of the world’s largest and most unique programmes for early childhood development. ICDS is the foremost symbol of India’s commitment to her children and it is India’s response to the challenge of breaking the vicious cycle of malnutrition, morbidity, reduced learning capacity and mortality.
258. Recognising that early childhood development constitutes the foundation of human development, ICDS is designed to promote the holistic development of children under the age of six years, through the strengthened capacity of caregivers and communities and improved access to basic services, at the community level. Within this group, priority is accorded to addressing the critical under-three years age group, the period of most rapid growth and development. The programme specifically reaches disadvantaged and low-income segments, for effective disparity reduction. The ICDS provides an integrated approach for converging basic services for improved child care, early stimulation and learning, health and nutrition, water and environmental sanitation. It targets young children, expectant and nursing mothers and women’s/adolescent girls’ groups through nearly 5,00,000 trained community-based anganwadi workers and a large number of helpers, supportive community structures/women’s groups at the anganwadi centre, the health system and in the community.
259. The ICDS offers a powerful community-based outreach system of functions as the convergent interface between disadvantaged communities and Government programmes such as primary health care and education. It contributes to the achievement of major nutrition and health goals embodied in the National Plan of Action for Children, 1992, and the National Plan of Action on Nutrition, 1995. The programme is also the foundation of the national effort for universalization of primary education. It provides increased opportunities for promoting early development, associated with improved cognitive and social skills, enrolment and retention in the early primary stage. By releasing girls from disadvantaged groups from the burden of sibling care, it also enables them to participate in primary education. The ICDS is a major programme channel for addressing the rights of young children, as defined in the UN Convention on the Rights of the Child, to which India acceded in 1992 and it also uniquely addresses the interrelated needs of young children, girls and women (especially during pregnancy and lactation) across the life cycle. Young girls are provided with equal opportunities for early care for survival, growth and development, while adolescent girls, as well as pregnant and nursing mothers receive vital health, nutrition and self-development interventions and crucial child care support. The community education component, targeting women in the reproductive age group also supports community action to improve care for girls and women.
260. Poised for near universal coverage at the turn of the century, ICDS today reaches out to 4.8 million expectant and nursing mothers and 22.9 million children (under six years of age), of disadvantaged groups. Of these, 12.5 million children (three to six years of age) participate in centre-based pre-school education activities. The ICDS network consists of 4,200 projects, covering nearly 75 per cent of the country’s community development blocks and 273 urban slum pockets. While selecting the location for a project, preference is given to those areas which are predominantly inhabited by vulnerable and weaker sections of the society, i.e., SCs, STs and low-income families found in economically backward areas, drought-prone areas and areas in which development of social services requires strengthening.5 The challenge now is to build on the rich experience of the past two-and-half decades and effectively tap the potential of this unique integrated programme, as it moves towards universalisation. Today, ICDS has many meanings for the community—a home-like childcare centre, a play/learning centre, a peripheral health centre, a meeting place for women/mothers, a source of support during calamity and a means to fulfil aspirations for millions of young children. It is proposed to cover the entire country with this scheme by 2002.
261. Adolescence, that is, the age of 12–18 years, has been recognized as a special period in the life-cycle of girls requiring specific attention. There has been concern expressed at the attitude towards menarche and the myths and misconceptions associated with menstruation. The need for sensitively addressing the question of menstrual hygiene, and the physiology and anatomy for developing a healthy understanding of the body and its functions is very important. Recent efforts on sex education with a focus on prevention of infections and pregnancy do not unfortunately address the issue of menstruation. As adolescence is among the most vulnerable periods during the growth and development of a girl, this area is receiving greater research focus in India. The onset of puberty brings with it several social restrictions on the physical mobility of girls and data on education clearly indicates a decline in enrolment rates at this crucial age, especially if the school is not located in the same village or neighbourhood.
Box 3.7: Objectives of ICDS
Lay the foundation for the proper psychological, physical and social
development of the chid.
Improve the nutritional and heath status of children below the age of
six years.
Reduce the incidence of mortality, morbidity, malnutrition and school
dropouts.
Achieve effective coordination of policy and implementation among various
departments to promote chid development.
Enhance the capability of the mother to look after the normal heath,
nutritional and developmental needs of the chid through proper
community
education.
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Source: Booklet—Integrated Child Development Services (ICDS), Department of Women and Child Development, Ministry of Human Resource Development, GOI.
262. During 1991–92, a special intervention was introduced for adolescent girls, using the ICDS infrastructure. This intervention focuses on school dropouts and girls in the age group of 11–18 years, and seeks to meet their needs of self-development, nutrition, health, education, literacy, recreation and skill formation.
263. This scheme was introduced in 507 selected blocks with the following objectives:
264. The Balika Samriddhi Yojana was launched in 1997 with the specific objective of changing female and community attitude towards the girl child. The scheme also envisages enrolment and retention of girl children in schools.
265. The Apni Beti Apna Dhan (Daughter is My Wealth) scheme introduced by the Government of Haryana on October 2, 1994, aims at improving the social acceptability of girls by making them financially independent. The scheme provides for the following:
(a) The family will receive monetary assistance of Rs 3,000 at the birth of each of the first three daughters;
(b) The mother will be given Rs 500 within 15 days of each girl’s birth. This is meant for the post-delivery needs of the mother;
(c) An investment of Rs 2,500 will be made in the name of each girl child in Government securities within three months of her birth. This investment will be made available to the girl on her eighteenth birthday and she will be free to use the matured amount for either her education, or for setting up an economic venture
266. In December 1995, the Haryana Government expanded
the scope of the scheme, and announced a maturity amount of Rs 35,000 and
Rs 30,000 as against the earlier Rs 25,000, for girls who agree to
defer the encashment of their securities by four years and two
years,
respectively.7
Registration of deaths
267. The Registration of Births and Deaths Act, 1956, provides for the compulsory registration of all deaths throughout the country. Under the Act, the responsibility for reporting an event occurring in the house lies with the head of the household, and in her/his absence, on persons in the family as specified. For events that occur in hospitals/institutions it is the responsibility of the hospital in-charge (or a person authorized by him/her) to report the events to the local registrar. However, there is a clear lack of incentive in reporting the death of a child and therefore, child deaths do not get reported. The deaths that are registered at the younger ages are reported from medical institutions. In some cities and towns, arrangements have been made for reporting of deaths in the cremation or burial grounds and deaths of even young children do not escape registration. However, the situation is not the same in the rural areas where a large number of dead bodies are not cremated or buried in authorised cremation/burial grounds. In some States, certain officers have been notified to collect death reports from the informants, that is, the household, and report them to the local registrar for registration. This has brought about some improvement in the reporting of child deaths in some parts of the country. However, the registration of deaths of children is still far from satisfactory.8
D. Respect for the Views of the Child
268. Freedom of expression is a fundamental right, available to every person in India, including children. The right to freedom of speech and expression has been construed by judicial interpretation in India to include freedom of the press and other media. Although, there is no legislation that specifically mentions the right of the child to express his/her views freely, this aspect will be covered in the proposed National Charter for Children.
269. Out of all the rights of the child under the CRC, this particular right is the least understood and appreciated by adults. The importance of this right lies in seeing the world from the perspective of the child, and in displaying the sensitivity that is so essential when dealing with innocent children. The significance of this right can be best appreciated when one reads what children had to say during the regional consultations—phrases like “violence frightens us”, “we get scared when our fathers are drunk”, are poignant reminders that children have a right to a safe life, and that adults will not be able to give this if they are not willing to listen to children and to understand how their actions are hurting them.
270. The rights of the child under the CRC to have his/her views respected is intrinsically linked to the opportunities available to the child to participate in a wide spectrum of activities, ranging from the home to school life. It is indeed welcome that there is a gradual increase in initiatives to promote child participation in many parts of the country. The initiatives vary in content and comprehensiveness, from participation in activities to expression of views on matters that affect their lives or those of other children or their communities. In some cases, efforts have been made to link hearing children’s views to decision making and implementation processes of programmes for children and local community initiatives. As child participation seemingly gains acceptance in more parts of the country, as demonstrated by a surge in pilot community-based initiatives during the reporting period, there is a need to fully understand the spirit and principles of child participation within the framework of the Convention and the evolving capabilities of children, and to develop a framework for action which will contribute to creating the institutional spaces for promoting meaningful participation and raising the profile of children as actors in their own development and the development of their communities. At the same time, adults will need to change the way they currently perceive children and their potential, so that children can interact in an environment where adults with the authority to make decisions provide them relevant information, actively seek their opinions and value and respect their comments and proposals. This will also lead to the development of their potential and evolving capabilities, thus enhancing their role as citizens and making them actors in the realisation of their own rights.
271. As one examines the implementation of this aspect of the Convention, it is evident that while progress has been made in this area, mainly through the intervention of NGOs, little documented, qualitative information is available about “listening to children views” in judicial proceedings or placement in “alternative care” or in families and school situations. Little is also known of what happens to children’s views and recommendations and there is no feedback to children on what happens within the decision-making forums based on their recommendations.
272. There emerges a need, therefore, to document the progress so far and to review all aspects of children’s participation, in order to evolve a direction for accelerating the implementation of this aspect of the Convention.
273. In recent years, a few voluntary organizations have experimented with innovative approaches where children have been given ample opportunity to express their right to participation in the decision-making process. For instance, Bhima Sangha, which is an association of working children, is a forum to discuss and resolve children’s issues and concerns. Inspired by the model of official unions and prompted by the desire that their grievances should be heard, 10–15 children in Bangalore, with the help of an NGO called Concerned for Working Children, came together in 1989 to form Bhima Sangha. Since its inception, Bhima Sangha has repeatedly raised child labour issues in the public forum, addressed press conferences and held discussions with Government officials regarding steps that could be taken to solve the concerns of working children. In 1997, Bhima Sangha was instrumental in setting up Children’s Council (Makkala Panchayat), which run parallel to the Adult Councils (Gram Panchayats). Children between 6–17 years of age could vote but the candidates were between 12–17 years. Sixty-five per cent of the seats are reserved for girls. Similarly, an NGO named Butterflies has also evolved children’s participation in the decision making process, wherein every fortnight, children at contact points hold a meeting to discuss important issues, critique ongoing activities, plan future activities, etc., under the overall rubric of the Bal Sabha (Children’s Council). Most schools also have students’ councils and parent teacher associations to ensure that the views of children are heard.1
Box 3.8: Creating “children’s
government”
Four years ago, UNICEF initiated Children’s Panchayats
in association with the Government of Rajasthan to see if children could become
agents of change in their own development. Local
NGOs conducted a two-day
workshop for the adult Sarpanches (elected heads of the Panchayat)
and Panchayat members, who then returned to their villages to set up the
Children’s Panchayats. Children were asked to attend meetings where
the sarpanches explained child rights and the responsibilities that came
with the rights, asking the children if they would like to form the
children’s
government.
The Children’s Panchayat follows the Government provision of
one-third reservations of seats for women, with special representation for SCs
and the disabled.
The children come from different villages and meet once a
month. “Right now there is one-third representation for girls in
our
Panchayat, just like the Government. In our village, boys are considered
to be future breadwinners and girls are homemakers. When I think about
it, I
know this is not fair. I know the seats should be equally distributed between
boys and girls, perhaps that is something we
can begin to change” explains
Mahindra Singh, (15) the elected head of the Children’s Panchayat in
Telora Village.
The Children’s Panchayats in Ajmer district have been
changing the children’s lives and the life of their community. In one
village, children decided
that tobacco addiction was a problem. They asked the
shopkeepers not to sell tobacco to children who came to buy it for their
fathers,
because after a while children became curious and tried it themselves.
The adult Panchayat supported this decision by levying a fine of
Rs 500 to every shopkeeper who sold tobacco to children. The money went to
the Children’s
Panchayat. Children’s Panchayats have
been inspiring villages to plant trees, open libraries and ban the use of
plastic bags. Udaan (Flight), a newspaper about children’s
Panchayats, is also written, edited, designed and produced by children.
To date, 200 Children’s Panchayats have been created in
Rajasthan. UNICEF hoped to create a model that could be implemented by the
Government on a Statewise scale.
After seeing the success of the
Children’s Panchayat, the Director of Adult and Continuing
Education, assigned 35,000 adult education centres, which are present in
every village, to
help create Children’s Panchayat.
What were the constraints? “In the beginning I wondered how this
would work, we are very small, how will we work with the adult
Panchayat.
But then I thought, this might be something I would like to do in future, so I
joined in,” explains Chand, a member of children’s
Panchayat.
There were also initial reservations by the community that children might be
creating a parallel system that would then make its
own decision, but the
Sarpanch of Telora explains“ The children are my eyes and ears,
they tell me what is happening in the village and what needs to
change.”
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Source: UNICEF
274. In Rajasthan, over 100 Children’s Panchayats have been formed by the Bharat Gyan Vigyan Samiti in villages in the districts of Alwar, Baran, Dholpur, Kota, Pali, Jaipur, Karauli and Sikar. These Panchayats draw attention to the problems related to children and prepare children for active participation in the process of development. The Bal Manch (Platform for Children) has been extremely active in voicing the rights of children. Children started the ”Go to School” drive which pushed up enrolment. Bal Manch girls have also become treasurers of small savings groups of adult illiterate women. In some villages, children even try to tackle issues, like preventing child marriage. Though not always successful, this has demonstrated the stand children can take against violations even in the face of adult opposition.
275. In Madhya Pradesh, the Abhivyakti Bal Vikas Sansthan in Dhar district has established 25 Bal Panchayats which have been very active in organising child rights and hygiene campaigns, Meena film shows, training of Bal Panches and sarpanches and conducting school enrolment drives. In Shahjapur district, 80 Bal Panchayats had poster competitions on issues like child marriage, gender discrimination, education, safe drinking water and health. These not only provided creative expression opportunities on sensitive child rights issues but also sensitised the entire village community on child rights issues and the potential contribution of children to the community. In Andhra Pradesh, child participation is taking place throughout the State with the help of NGOs through the Divya Disha school campaign in Hyderabad. The Child Campaigners Club, under the auspices of COVA, a federation of voluntary organisations has also initiated Bal Adalats (Children’s Courts) whose activities centre around issues that concern children.
Box 3.9: Children freely express their views
When Jhangri, a 10-year-old girl from Andhra Pradesh, stood up with
courage and said before an assembly of elders that every child
must have access
to school as all of them want to read and write, she was articulating what Nobel
laureate, Prof. Amartya Sen, also
says.
She expressed her feelings quite eloquently in words: “Children must
get free education and free uniform, books, pencils and
other study material.
All schools must have teachers who teach and teachers must love children
equally. They must not beat them.”
Jhangri was among 14 children who were on the “dias” (podium),
representing 14 States of India and sharing their ideas
on what every child
should and should not have in their childhood. Interestingly, this was not
something even adults articulated
on behalf of the children except for the group
that turns them into causes and gains mileage out of it. Jhangri, Hari and
Sangeeta
were earlier child labourers. Now they are in school thanks to the
intervention of child rights activists. More than 100 such children
and an equal
number of women community leaders participated in a three-day national workshop
on “Children’s Rights In
India—Concerns, Responses and
Aspirations” which began on October 12, 2000 at Jamia Hamdard,
Delhi.
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Source: The Hindu, 16.10.2000
276. In Uttar Pradesh, child participation in the State has largely remained an area-specific activity through intensive projects. Children’s participation in their own development is being promoted through Project Masoom in Bahraich district. The project trains adolescent girls as motivators to mobilise other young girls to get involved in their communities and development. Early childhood care, literacy and age of marriage are the focus. Masoom’s interventions are carried out through children’s groups or Bal Sabhas.
277. In Gujarat, School Panchayats exist in many Zilla Panchayat-run primary schools. These structures replicate the structure of the Parliament or a ministry in schools. These are used to encourage children to take decisions about their school and participate in implementing these. In Kargil, Jammu and Kashmir, in 18 Children’s Committees for Village Development have been organised. These focus on capacity development for children and promote their participation in village development. Children organise themselves, identify local problems and initiate necessary actions. Some of the issues they have tackled include teacher absenteeism, school attendance by children and sanitation practices.
278. Children have wholeheartedly and enthusiastically accepted the opportunity to participate in the media. The International Children’s Day of Broadcasting (ICDB), which falls on the second Sunday in December provides children with the opportunity to devote some of the time to the media and voice their views and concerns, becoming broadcasters and producers for a day— producing, reporting, filming and recording stories they want the world to see and hear. During 1996–1997, 10 children were trained for a week at the Indian Institute of Mass Communication and they produced a programme, which was telecast over the national network, Doordarshan, which is the official television wing of the GOI. In December 2000, 31 TV stations and 60 radio stations involved over 2000 children in their programmes for ICDB. The children interviewed leaders, heroes, opinion makers and other adults who have made a difference to society. TV channels such as Doordarshan, STAR and Channel V all featured programmes developed and presented by children, demonstrating a major recognition of children’s right to expression. Mobilising the media began six months ahead of the ICDB, and UNICEF supported four regional workshops during May–October 2000, to work out the strategy for children’s participation the media.
Box 3.10: Fingerprint postcards
One hundred children in a remote village of Uttar Pradesh wanted to know
if the water they were drinking was safe, so they wrote
postcards to the
District Magistrate (DM) asking for water-testing kits.
One postcard after another arrived at the DM’s office, on different
days and from different post offices, but all asking for
the same thing:
water-testing kits. The children signed their names, added a fingerprint for
good measure and reminded the DM of
the name of their village: Nautala.
The DM bound the postcards together with an elastic band and sent them to
the Department of Water. The Junior Engineer visited the
village and met the
children, who wanted bottle kits to test for bacterial impurities. The Junior
Engineer suggested that he would
take a water sample to be tested in the
district lab but the children were adamant that they had 50 wells and all the
water sources
needed to be tested. One child added, “We have to see for
ourselves if our water is safe to drink.”
The children of Nautala had decided at a meeting of all of the Bal
Sabhas or children’s groups, in the village that there was a need to
test the quality of their water.
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Source: Bachhe—Children in India, 2000, UNICEF
The media gave significant coverage to the ICDB, and several senior journalists wrote about it, pointing the high visibility that ICDB commanded and which established the arrival of children in the field of broadcasting in the country. Sustaining and expanding the initiative and ensuring child participation in broadcasting all year round are the immediate challenges.
SECTION IV
CIVIL RIGHTS AND FREEDOM
(Arts. 7, 8, 13–17 and 37(a))
A. Name and Nationality
Article 7
279. Voluntary civil registration was first introduced in India in the nineteenth century mainly as an aid to public health administration for locating and identifying issues of public health importance and introducing remedial measures to control mortality. Different provinces had different legislations and sometimes, even within the same province, registration was carried out under different laws. The inadequacy of the system and its limited use were prime reasons for its slow evolution in the country. However, in view of the importance of the system in providing continuous and permanent vital statistics for public health administration and demographic analysis, a number of Commissions and Committees studied its inadequacies and made comprehensive recommendations for quantitative and qualitative improvements. These far-reaching recommendations included:
These formed the basis for the enactment of the current law namely, The Registration of Births and Deaths Act, 1969.
280. This Act repealed and replaced all the diverse laws that existed on the subject and thus integrated the system of registration in the country. The Registration of Births Act enables the Government of India (GOI) to regulate registration and compilation, ensuring uniformity and comparability, whilst leaving the States enough scope to develop an efficient system of registration as per their own requirements. While the actual responsibility of implementing the Act lies with the States/Union Territories the Office of the Registrar General has brought out Model Rules in consultation with the Union Law Ministry for adoption by the States, and this has proved to be an effective instrument in unifying and integrating the system nationwide.
281. Making arrangements for the registration of 25 million births on an annual basis is a mammoth task. There are 200,000 reporting units throughout the country and more than 100,000 local registrars. Except in a few States and UTs, multiple agencies are generally involved in registration work at the sub-national level. This poses immense problems of coordination, control and supervision. Therefore, in order to review the progress of registration in a State and also to resolve interdepartmental issues, high-level inter-departmental coordination committees have been constituted in each UT and State.
282. The level of birth registration in India is estimated to be around 54 per cent. Even in States that have achieved high levels of registration, there is considerable lag in the reporting of statistics by local registrars, delaying the compilation of vital statistics at the State and National level. Therefore, the Office of the Registrar General of India undertook a comprehensive review of the functions of the Civil Registration System in India with a view to revamping the various forms currently in use, and reducing paper work and eliminating delays in submission of reports, thereby speeding up the compilation of these statistics.
283. The following information relating to birth is collected during birth registration, according to the format introduced in January 2000.
A copy of the birth report form is in appendix 4A.1.
284. The question on “Town or village of residence of mother” would make it possible to tabulate birth registration data on the basis of the mother’s usual place of residence. While the age of the mother at the time of marriage is a useful demographic data item, the last three items listed above would provide useful information on reproductive and child health issues. In fact, there has been a conscious effort on the part of the Registrar General’s Office to include certain important reproductive and child health items in the birth report form. These items are not collected on a regular or continuous basis through health information systems. This strategy of establishing linkages with other systems enhances the utility and credibility of the Civil Registration System and opens up channels of funding from sources outside the system. The new system has been implemented in the States of Andhra Pradesh, Goa, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Mizoram, Sikkim and Tamil Nadu and in the UTs of Delhi and Pondicherry. The other States and UTs are in the process of finalising the rules and printing forms, and will soon implement it. The Office of the Registrar General is also developing a common application software package to be used by all the States/UTs for data entry and tabulation of civil registration data.
285. The National Population Policy 2000, recently released by the Department
of Family Welfare, Ministry of Health and Family Welfare,
GOI, has set 100 per
cent registration of births as one of the 14 national socio-demographic goals to
be achieved by 2010. The Office
of the Registrar General, in
July 1999, also issued guidelines facilitating the registration of
destitute children taken in adoption
from orphanages and other placement
agencies as also from relatives and friends.
Birth Registration and the
rights of the child
286. All children, whose birth is registered, receive a birth certificate, a legal document that provides proof of date of birth and is required in many situations during the course of life, including:
287. Children who do not have a birth certificate are thus, certainly at a disadvantage. It is important to note that the birth certificate can, for instance, protect a child from exploitation, especially in situations where he or she has to prove his or her age. Proving nationality is not just a hypothetical exercise, it is a practical necessity, whether migrating to the city for work or at a national border or trying to avail basic services.
288. The Office of the Registrar General of India has undertaken several measures to improve the Civil Registration System (CRS). The CRS has been revamped with a view to reducing the paper work and making it more efficient in terms of the flow of returns regarding birth and death registration and making it amenable to the use of modern technology. A national workshop on birth registration was held in May 2000, with delegates from the Office of the Registrar General of India, Chief Registrar of Births and Deaths of several States, representatives of a few international agencies and NGOs.1
289. The following areas were identified for action:
Reducing delay in registration and issue of certificates;
Improving record keeping to facilitate information search;
Proper sign posting of centres;
Improving general format and printing of birth certificates, etc;
Issue of decorative certificates on payment, thereby also generating revenue;
290. Newspaper advertisements, television
spots, radio jingles, posters, stickers and cinema slides are some of the
measures currently
being used to sensitize and mobilize pubic opinion on the
need and importance of birth registration. Training and workshops are being
organized for registry personnel.3
Citizenship
291. Article 5 of the Constitution of India guarantees the right to citizenship to all its citizens. It holds that every person who is domiciled in the territory of India and:
(a) Who was born in the territory of India; or
(b) Either or both whose parents was/were born in India; or
(c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
292. The Indian Citizenship Act, 1955, provides for acquisition, termination, and renunciation of Indian citizenship and other matters. A child born in India or abroad acquires Indian citizenship if either parent is an Indian citizen. A minor child ceases to be an Indian citizen when his parents have renounced Indian citizenship. But any such child may, within one year of his attaining 18 years of age, resume Indian citizenship by making a declaration to that effect.4
B. Preservation of Identity
Article 8
293. In India, the institution of the family plays an important role in preserving the identity of children. Whenever children are separated from their parents, efforts are made to reunite them with their families. Only when such an effort fails are alternative arrangements made, keeping the best interests of the child in mind. The traditional approach primarily has been to set up orphanages for destitute and abandoned children. With the gradual passage of time, however, emphasis is now being laid on alternative care programmes for children deprived of a family environment. When a child is adopted legally, it takes on the name of the adoptive father.
294. The Juvenile Justice (Care and Protection of Children) Act, 2000, deals with children who may be found in situations of delinquency and neglect. The Ministry of Social Justice and Empowerment has been implementing a scheme for the welfare of children in need of care and protection. The objective of the schemes is to take care of and rehabilitate abandoned, neglected, orphaned and homeless children. The welfare services being provided under the scheme include food, shelter, education, health and vocational training.5 Details of the scheme are dealt with under the section on Administration of Juvenile Justice in the report.
295. Article 30 of the Indian Constitution provides a guarantee to all minorities (religious or linguistic) the right to establish and administer educational institutions of their choice. For example, in the State of Delhi, Tamilians have established schools where the children are taught in Tamil till Class IV. Similarly, Sikhs have established schools where they profess, practice and propagate their religion, i.e., Sikhism. Madrasas impart education to Muslim children through the medium of Urdu in several States, including Uttar Pradesh.
C. Freedom of Expression
Article 13
296. Freedom of expression is a fundamental right, available to every person in India, including children. The Right to Freedom of Speech and Expression has been construed by judicial interpretation in India to include freedom of the press and other media. The child’s right to information is sometimes determined by parents or teachers, which may sometimes be misinterpreted as limiting their rights. However, such determination is undertaken predominantly in the best interests of the child and should not be seen as preventing free access to information or freedom of expression. The child’s view is taken into account in a number of cases involving custody, fixing criminal liability and giving evidence in court.
297. The Children’s Film Society, earlier known as the National Centre of Films for Children and Young Persons (NCYP), was formed with the aim of harnessing the medium of films to provide healthy entertainment to children and young people, thereby providing an alternative to commercial cinema. Children also play important roles in films produced by the Children’s Film Society. This gives them a unique chance to give full expression to their creative talents. India also has a censor board which monitors the dissemination of information harmful to children, including violence and pornography on radio and television. Local police and NGOs also play an important role in regulating information and material injurious to children and in monitoring these.6 However, with the growth of information technology, children in India have access to information through the Internet. The fact that this freedom, especially in case of children, may be circumscribed by the cultural ethos of any society needs to be acknowledged.
298. Many newspapers in India publish articles written by children. Some newspapers keep aside a page once a week for children to express their opinion and ideas on various issues. A few leading newspapers have also started collaborations with schools wherein children are given an opportunity to express their views. Most schools in India have school magazines run by children, and children participate in school parliaments and voice their concerns. Doordarshan and All India Radio also broadcast children’s programmes.7
299. The International Children’s Day of Broadcasting (ICDB) is celebrated every year on the second Sunday in December. On this day, children in India have control of allotted time over the electronic media. In December 2000, 31 TV stations and 60 radio stations all over the world involved over 2,000 children in their programmes for ICDB.
D. Freedom of Conscience,Thought and Religion
300. Religion is a way of life and for the majority of Indians, permeating every aspect of life, from commonplace daily chores to education and politics. Secular India is home to Hinduism, Islam, Christianity, Buddhism, Jainism, Sikhism and many other religious traditions. Hinduism is the dominant faith, practised by over 80 per cent of the population. Muslims are the second most prominent religious group and are an integral part of Indian society. Common practices have crept into most religious faiths in India and the festivals are marked by music, dance and feasting, which are shared by all, including children. Each religion has its own pilgrimage sites, heroes, legends and even culinary specialities, mingling in a unique diversity that is the very pulse of Indian society. In fact, unity in diversity has proved to be the greatest strength of the country. It is the bedrock on which our multi-ethnic, multilinguistic, multi-religious and multicultural nation proudly stands.
301. Article 25 of the Constitution empowers the citizen of India with freedom of conscience and free profession, practice and propagation of religion, subject to reasonable restrictions. This right applies to children as well. In fact, children’s right to freedom of thought, conscience and religion forms an important part of participation rights.8 At the same time, the right to religion or religious practices is curtailed in instances where there is conflict of religion and the best interests of the society.
302. One such example would be the ban on Sati and the increase in the penalties for the practice of Sati. This has been done to prevent the occurrence of any such incident irrespective of any religious or social sanction. It is therefore recognized that constraints can be placed on practices that may be authorized by religions, in the wider public interest. The Indian Constitution also recognizes the parent’s right to determine a child’s religious beliefs in which it indicates that a guardian can express consent with regard to religious instruction in State schools.9
303. The National Agenda of Governance states that the Government is committed to establishing a civilised, humane and just civil order that does not discriminate on grounds of caste, religion, class, colour, race or sex. It truly and genuinely upholds and practices the concept of secularism consistent with the tradition of sarva panth samadara (equal respect to all faiths) and on the basis of equality for all. The Government is committed to the economic and educational development of the minorities and will take effective steps in this regard.10
304. All minority groups have the right to set up their own educational institutions and give instructions on the teachings of their religion. For example, the institution of Wakf, administered by the Ministry of Social Justice and Empowerment, is dedicated to the purpose recognised by Muslim Law as religious, pious and charitable. Apart from the religious aspect, Wakfs are also instruments of socio-economic upliftment, as benefits provided by them flow to the needy persons for their socio-economic, cultural and educational development. The Maulana Azad Education Foundation has been set up as a society with the objective of promoting education amongst the educationally backward sections of society, minorities in particular, and others in general. Up to January 2000, the Foundation sanctioned grants-in-aid amounting to R 330.6 million, to 24 NGOs spread over 1 States/UTs.11
305. For centuries, India has been known for its religious tolerance. The Ministry of Home Affairs also has a separate division to looks after preservation and promotion of national integration.
E. Freedom of Association and Peaceful Assembly
Article 15
306. Article 19 (b) and 19 (c) of the Constitution of India provide the Right to Assemble Peacefully and to form associations or unions. Freedom of peaceful assembly is permitted for reasonable purposes as laid down by law, subject to reasonable restrictions.12
307. The Nehru Yuvak Kendra Sangathan (NYKS), an autonomous organisation of the Department of Youth Affairs and Sports, caters to the needs of more than eight million non-student rural youth in the age group of 15–35 years enrolled through 0.181 million village-based youth organisations called Youth Clubs. The Youth Club works in the areas of education and training, awareness generation, skill development, self-employment, entrepreneurial development, thrift and cooperation. In addition, programmes are organised with active involvement and participation of rural youth in areas such as health, family welfare, HIV/AIDS, drug abuse, poverty alleviation, child labour, environment, adult literacy, women’s empowerment and eradication of social evils.
308. The Bharat Scouts and Guides is one of India’s largest youth organizations, and the third largest in the world, with an enrolment of 2.3 million and with about 85,000 units spread all over the country. These units conduct activities in the areas of adult literacy, tree plantation, community service, leprosy awareness, crafts and promotion of hygiene and sanitation. Bharat Scouts and Guides are also associated with various programmes run by WHO and UNICEF in different fields.13
309. The Bal Bhavan Society is an association with child members which has over 2,000 regional centres throughout the country providing a host of creative and innovative programmes for children.
310. The Right to Peaceful Assembly has been effectively used by NGOs such as the Social Work and Research Centre (SWRC), Tilonia, Rajasthan, Concerned for Working Children (CWC), Bangalore, Karnataka and Butterflies, Delhi, to name a few. The main objective of their programmes has been to empower children deprived of liberty by helping them form their own associations and unions. The CWC has organized the children into a union called Bhima Sanghas to fight for their rights. It has also assisted children in setting up a Panchayat. Similarly, SWRC has helped to set up a Bal Sansad or Children’s Parliament.14
F. Protection of Privacy
Article 16
311. The concept of family privacy and the role of parents in childcare and nurturing is important in India. Though the State intervenes in child care, parents continue to remain the most important holders of legal authority with respect to the child, with a status higher than that of any third party or public authority. The family thus continues to be recognized as the institution that shoulders the responsibility for child care and development. Courts and public authorities intervene only if the family fails to fulfil its responsibilities towards the child. The legal system in India functions on the principle that it should foster rather than invade family privacy when consulting the child’s wishes and assessing the long-term interests of the child. Judicial review of parental decisions are done in such a manner that a healthy respect for the family is instilled in the child and that the role of the family in relation to the child is not undermined.
312. However, in certain situations, children are exploited, considered as “non-persons” or used as an economic resource. Hence, a right balance between parental rights and responsibilities with regard to nurturing and upbringing of the child, and the child’s right to participation and privacy assumes special significance. The State can intervene to protect children in situations where their rights and interests are in conflict with parental rights and responsibilities. However, in general, State interventions are done in such a manner that they do not conflict with efforts made to strengthen the family.
313. In the area of adoption, owing to strong societal and family ties, the need for secrecy and confidentiality is dominant and the adopted child quite often is unaware of the fact of his/her own adoption. In view of the social stigma attached to unwed motherhood in India, the single mother who gives up her child prefers to do so in perfect anonymity so that none can trace her later. Adoption agencies in India have a sealed and confidential record system whereby there is no access to the relinquishment document and it remains the property of the Court.15
314. The Juvenile Justice (Care and Protection of Children) Act, 2000, prohibits the publication of the identity of any juvenile who has fallen under the purview of the Act, by disclosing the name, address, photograph or other particulars in newspapers, magazines or news-sheets. Section 21 of the Act further prohibits disclosure of name, address or other particulars relating to the juvenile, calculated to lead to the identification of such juveniles or publication of his/her picture in any newspaper, magazine, etc., at the cost of penal consequences. This is aimed at protecting the child against any social stigma attached to any inquiry under this Act. The prohibition is not limited only to inquiries before the competent authority but also applies to any inquiry regarding a juvenile under this Act. It means that the prohibition extends to appeal and revision also. The principle against publicity of juvenile proceedings has been universally accepted. No separate procedures exist to try cases where children are witnesses, and trials of children are conducted under the Juvenile Justice (Care and Protection of Children) Act, 2000.
315. Further, the Immoral Trafficking (Prevention) Act, 1956, lays down that women and girls arrested under this Act will be interrogated by women police officers and if no woman police officer is present, then the interrogation would be carried out in the presence of a lady member of a recognized welfare organization. Additionally, if a child is a victim of rape, then proceedings are held in camera. However, there is scope for improvement in medical and legal aid and counselling provided to children who are victims of sexual abuse and exploitation.
316. The Right of children to counselling is increasingly gaining acceptance. There are numerous Government and private agencies as well as schools offering counselling to children on issues pertaining to health, sexuality, education, career, etc., and there is no restriction on any child to access such a service. Schools in urban cities of India have been successful in providing counselling for their students. Salaam Balak Trust, Voluntary Health Association of India and the Family Planning Association are some organizations that offer counselling to children on HIV/AIDS, reproductive health and personal behaviour issues. Mahila Courts (Women’s Courts), though very small in number, deal with criminal cases pertaining to women and children. These courts are an extension of Session Courts and are meant to give special attention to women and children in protecting them against attacks and interference and in ensuring their privacy. There are family courts with civil jurisdiction to deal with family disputes. There are more than 70 such courts spread all over the country. Generally, lawyers are not permitted in these courts, and the judge can seek advice from psychiatrists and social workers. The privacy of children thus is ensured in the family courts.
G. Access to Appropriate Information
317. In a country like India, where the reach of the mass media is limited by poverty, inaccessibility and low literacy levels, other means of communication through word of mouth, community events and performances of mobile, cultural troops play a crucial role in providing information and opinion-building. They create a positive climate in favour of basic education and motivate parents to enrol their children, especially girls, in primary schools and encourage those who drop out to attend non-formal education centres to assist in decision making and resultant action.16 The GOI is therefore developing mechanisms to ensure that all children are allowed adequate access to information. To begin with, community TV sets have been distributed to Panchayats.17 In recent years, the media scene has become increasingly competitive with the coming of private TV channels and radio stations with their own newscasts. One aspect of the proliferation of mass media channels in the urban areas has been the impact of such media on young minds.18
318. The Government reconstituted the erstwhile National Book Development Council (NBDC) in December 1997, and formed the National Book Promotion Council. The Council offers a forum to facilitate exchange of views on issues such as writing, production, publication and sale of books, pricing and copyright, reading habits of people, availability of books for different segments of population and the quality and content of books in general. As per the import policy for books and publications, all kinds of books, magazines and journals, including children’s literature, can be imported without any restriction by any individual or organization. The National Book Trust is an apex organisation which caters to all segments of society by publishing fiction and non-fiction on a variety of subjects in English, Hindi and 11 other Indian languages. It has also published select titles for children in some tribal languages such as Ao, Garo and Khasi. In all, 230 titles in various languages have been published from April to September 1999. The National Centre for Children’s Literature (NCCL) was established in trust to bridge the gap between the creators and readers of literature for the young.19 Journals of the Publications Division (Ministry of Information and Broadcasting) are a good mix of information on issues of national importance and social concerns. Bal Bharti, a children’s monthly journal in Hindi, has been published in a bigger, colourful and more attractive format since January 1999. Further, many private business houses bring out children’s literature like Chandamama, Twinkle, and Amar Chitra Katha (names of children’s magazines).
319. Since April 1999, a new series on sports has also been started. To encourage original writing in Hindi on mass communication, the Publications Division has instituted the Bharatendu Harishchandra Awards. Awards are also given for promoting writing on women’s issues, national legislation and children’s literature.20 The Department of Women’s Studies, NCERT, under the Innovative Pilot Project on Promotion of Primary Education of Disadvantaged Girls in Rural Areas of Haryana prepared posters, campaign songs and audio cassettes, which were disseminated to teachers, children and the community. With the help of the above resource materials, mass awareness campaigns were carried out.21
320. From the very beginning, the Government-owned television channel, Doordarshan, has accorded high priority to programmes on education. The school telecasts started from Delhi in 1961. As part of the Satellite Instructional Television Education, programmes for school- children were started in 1982. At present, school programmes produced by Doordarshan are telecast in regional segments from Delhi and Chennai, and programmes produced by State institutes of education are telecast in Hindi, Marathi, Gujarati, Oriya and Telegu for relay by all transmitters in a particular language zone. Separate slots have been earmarked for programmes for secondary schools on the national network. These programmes are produced by the Central Institute for Educational Technology (CIET). Doordarshan is also providing time on the national network for the telecast of higher education programmes. The Countrywide Classroom of UGC extends higher education to those living in smaller towns and villages. Programmes produced by the Indira Gandhi National Open University (IGNOU) supplement the education provided by other modes such as Distance Education.22
321. The telecast of a programme for children, titled Tarang, was telecast on Doordarshan (DD-I) during the year under report. The current telecast included 473 programme capsules and 92 continuities. A weekly audio programme, Umang, was broadcast throughout the year from 10 All-India Radio Stations, viz., Allahabad, Lucknow, Jaipur, Jodhpur, Bhopal, Indore, Patna, Rohtak, Shimla and Delhi. Eighty-five educational television programmes, covering a wide range of subjects for students and teachers, were scripted and produced. Besides, 29 educational video spots of short duration were conceived, planned and produced. A series of 10 audio programmes, called Rang Ras Barse, was also produced to teach Sargam of different Ragaas (music). Under the series Land and People, two films titled Abode of Gods (with its Hindi version Dev Bhoomi) and Land of Warriors (with its Hindi version Veer Bhoomi) were produced (history and culture).23
322. The Children’s Film Society of India (CFSI) is engaged in the production of films, television serials, featurettes and animation films for children and young people. It endeavours to provide healthy entertainment to the younger generation by exhibiting films and serials in theatres and on television. Rights of foreign films are also purchased by CFSI and the same are exhibited after dubbing them in Indian languages. Films produced by CFSI are entered in various national and international film festivals. The society also organizes its own International Film Festival, which is held every alternate year. Hyderabad is the permanent venue of this biennial event. The eleventh such festival, called the “Golden Elephant”, was held in November 1999.
323. The Festival received 178 entries from 29 countries for its various sections. As many as 49 foreign and 56 Indian delegates were invited. In addition, CFSI invited 50 children as delegates from various parts of India. The Cart a feature film from Iran, bagged the Golden Elephant Award for Best Feature Film. This film also won the Children’s Jury Award. During 1999–2000, nine children’s feature films were taken up for production. These included films in Bengali, Manipuri and Hindi. The CFSI also took up production of two short animation films—Pink Camel and Ajeeb Ghar (Strange House). The society also took up dubbing of one foreign (Persian) feature film Nanelal (Her Children) in Hindi. In the area of exhibition of children’s films, 556 shows were organized in Assam between 20 and 30 May 1999, covering an audience of 190,873. In addition, 1441 film shows were organised by the Mumbai, Chennai and Delhi offices of CFSI, covering the States of Maharashtra, Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Haryana, Uttar Pradesh and the Union Territory of Delhi.24 Most newspapers in India publish articles for children. Some of the newspapers keep aside a page once in a week for children’s articles, where they can express their opinion and ideas on various issues. With the growth of information technology, a number of websites such as Pitara, Egurucool and Planetvidya provide information specially for children.
324. As regards the development of appropriate guidelines for the protection of their children from information and material injurious to well-being as well as harmful exposure in the mass media, India has a Censor Board which regulates dissemination of harmful information, including violence and pornography on radio and television. Local police also plays an important role in regulating information and material injurious to children.25
325. The Young Persons (Harmful Publications) Act, 1956, lays down provisions to prevent dissemination of certain publications harmful to young persons (under the age of 20 years). According to the Act, harmful publications include books, magazines, pamphlets, leaflets, newspapers or other publications which contain stories told with or without the aid of pictures or wholly of pictures; stories portraying wholly or mainly:
(a) The commission of offences; or
(b) Acts of violence or cruelty; or
(c) Incidents of a repulsive or horrible nature
in such a way that the publication as a whole would tend to corrupt a young person into whose hands it might fall, whether by inciting or encouraging him to commit offences or acts of violence or cruelty or in any other manner whatsoever.26
326. As public service broadcasting organisations, All India Radio and Doordarshan have responsibilities to ensure that advertisements, either in terms of content or treatment, do not mislead the listeners and viewers and are not repugnant to good taste. There are certain restrictions to the right to expression on radio and TV.
327. The General Broadcasting Code, which is otherwise called the Programme Code, for both All India Radio and Doordarshan, prohibits the following:
328. The Cable Television Networks (Regulation) Act, 1995, was enacted to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. Rule-6 (Programme Code) of the Cable Television Networks Rules, 1994, made under the Cable Television Networks (Regulation) Act, 1995, prohibits broadcasting of any programmes that denigrates children. Further, it states that care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence. Also that programmes unsuitable for children must not be carried on the cable service at times when viewership of children are the highest. The Advertising Code enacted under the rule prohibits any advertisements which endangers the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner. Such advertisements shall not be carried by cable networks.27
H. The Right not to be Subjected to Torture or Other Cruel,
Inhuman
or Degrading Treatment or Punishment
329. Acts of torture and other kinds of cruel, inhuman and degrading treatment to children are penalised under the Indian Penal Code. Measures spelled out in various laws relating to children, including the Indian Penal Code, are taken into cognizance while investigating cases of such atrocities and punishing those responsible. India has a well laid out juvenile justice system which provides for the care, protection, treatment, development and rehabilitation of children who have been physically and psychologically battered so as to reintegrate them back into mainstream of the society.28 Complaint procedures have been spelt out in the Juvenile Justice (Care and Protection of Children) Act, 2000, and remedies thereof are also available for the children. There are also no widespread incidences of victimisation of children in the country. However, whenever such instances come to notice, suitable remedies, as provided in the law, are taken. NGOs such as Bachpan Bachao Andolan (Save Childhood Campaign) and “Concerned for Working Children” (CWC) are spearheading campaigns to prevent torture and other cruel, inhuman and degrading treatment meted out to children. The personnel of child care institutions are being sensitized on the survival, protection, development and participation rights of children.29
Appendix 4 A.1
FORM No. 1 BIRTH REPORT
Legal Information This part to be added to the birth register as the case may be, in the
remarks column in the box below left
To be filled by the informant
Institution
Address:
(After completing all columns 1 to 20, informant will put date and
signature here:)
Date: Signature or left thumb mark of the
informant
To be filled by the Registrar
Registration No.: Registration Date :
Registration Unit :11
Town/ Village: District :
Remarks: (if any)
Name and signature of the Registrar
|
BIRTH REPORT
Statistical information
This part to be detached and sent for statistical processing
To be filled by the informant
(Place where the mother
usually lives. This can be different from the place where the delivery
occurred.
The house address is not required to be entered.)
1. Town
2. Village
9. Religion of Family : (Tick the appropriate entry
below)
1. Hindu 2. Muslim 3. Christian
4. Any other religion: (write name of the religion)
10. Father’s level of education:
(Enter the completed level of education, e.g., if studied up to class VII but passed only class VI, write class VI) 11. Mother’s level of education:
(Enter the completed level of education, e.g., if studied upto class VII
but passed only
class VI, write class VI)
12. Father’s occupation:
(If no occupation write ‘Nil’)
13. Mother’s occupation:
(If no occupation write ‘Nil’)
To be filled by the Registrar
Name Code No.
District :
Tehsil :
Town/ Village :
Registration Unit :
|
In the case of multiple births, fill in a separate form for each child and
write ‘Twin birth’ or ‘Triple birth’,
etc.,
To be filled by the informant
14. Age of the mother (in completed years) at the time of marriage: (If
married more than once, age at first marriage may be entered)
15. Age of the mother (in completed years) at the time of this birth:
16. Number of children born alive to the mother so far including this
child: (Number of children born alive to include also those
from earlier
marriage(s), if any)
17. Type of attention at delivery: (Tick the appropriate entry below)
1. Institutional – Government
2. Institutional – Private or Non-Government
3. Doctor, nurse or trained midwife
4. Traditional birth attendant
5. Relatives or others
18. Method of Delivery:
1. Natural
2. Cesarean
3. Forceps/Vacuum
19. Birth weight (in kgs.) (if available):
20. Duration of pregnancy (in weeks):
(Columns to be filled are over. Now put signature at left)
Registration No.: Registration Date :
Date of Birth:
Sex: 1. Male 2. Female
Place of Birth: 1. Hospital/ Institution 2. House
Name and Signature of the Registrar
|
SECTION V
FAMILY ENVIRONMENT AND ALTERNATE CARE
(Arts. 5,
18 (para. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39)
A. Parental
Guidance
Article 5
Family in India
330. The
family is perceived as a unit of two or more persons united by the ties of
marriage, blood, adoption or consensual unions,
generally constituting a single
household, and interacting and communicating with each other. It is considered
the basic unit of
society, to meet the needs of the individuals and those of
other societal institutions. It determines the development of individuals,
in
that it is a major source of nurturance, emotional bonding and socialization.
Enriching family life can, therefore, best enhance
human development.
331. A
family is defined by the Civil Procedure Code, 1908, in order XXXII-A6 as
follows:
332. Families in a large and culturally diverse country such as India are fairly well developed, strong and based on a range of kin-extensions. They have a plurality of forms that varies with class, ethnicity and individual choices. This picture is in consonance with the flexible definition of family in the CRC, which includes kinship and community arrangements. The normative family composition types in India are the extended/joint family and elementary/nuclear family. In many rural areas, the traditional joint family system is still very strong, where a child grows in the company of his/her own siblings, cousins and grandparents. The term “joint family” is used more commonly than “extended family” in India. The elementary or nuclear family comprises couples and their unmarried children, and is generally financially independent of other families. This structure appears to be becoming the norm in most urban areas. A variation of an elementary/ nuclear family is the supplemented nuclear family, which comprises a nuclear family with single relatives. In tribal societies, kinship structures are still strong, and community care of children, especially during difficult times like migration and natural calamities, is quite common.
Strengths of the family structure
333. The conceptual framework of the
Convention with regard to the child, the family and the State is basically
compatible with the
values of the Constitution, statutes and other laws in
India. The legal systems of the region contain principles regulating family
relations which do not come
into conflict with some basic perceptions on the
role of the family and the State in the Convention. The philosophy of the
Convention
sometimes even incorporates tenets that are more familiar to the
indigenous legal traditions of India. These local legal traditions
which are
more in harmony with the Convention’s value system were modified through
centuries of colonial rule, and may need
to be restored if some of the concepts
on the family that the Convention recognises are adhered
to.1
334. Family relations in India are governed traditionally by
religious and personal laws. The major religious communities have their
separate
personal laws. They are governed by their respective religious laws in matters
of marriage, divorce, succession, adoption,
guardianship and maintenance. The
personal laws of minority communities have been left untouched on the basis of
the policy of non-interference
in the personal laws of any community unless the
demand for change comes from within those communities.
335. A strong concept
of parental and family responsibility for children emerges from Hindu and Muslim
personal laws. A striking common
focus on the assumption of responsibility for
minor children in the event of death or dissolution of a marriage (according to
local
laws where divorce has been recognized) emerges in a review of ancient
texts. The texts rarely refer to an order of guardians. The
karta, or
head of the family, was usually responsible for all members of the joint family
and on his death another member assumed his role,
creating a situation of family
relationships that were continuous.
336. Early systems of law in the region
also clearly placed the nurturing and care-giving responsibility within the
family, thus reflecting
a strong concept of family privacy. Hindu law also
recognised the important concept of family support or familial assistance, and
this was often linked with the right to maintenance from the property of family
members. Islamic law recognised a principle that
was unique for early legal
systems when it conferred a preferential right of custody on the mother of a
child of tender years.
337. The
family in India is often understood as an ideal homogeneous unit with strong
coping mechanisms. However, it is important
to recognize that there may be
inherent problems within the family. Moreover, families have plurality of forms
that vary with class,
ethnicity and individual choices, requiring specific
interventions. The concept of family responsibility for children in the earlier
systems in the region, while humane in its approach, was combined with a
corresponding concept of sweeping family authority. Early
legal systems did not
recognize the concept of the personal autonomy of the child. Family authority
was usually exercised by males,
though parts of India such as Kerala and the
North-East recognised wide powers in the woman as the head of the household and
matrilineal
systems of property and inheritance rights. In many cases, the
family was and is also the source of inequality, exploitation and
violence in
addition to its idealistic picture of the source of nurturance, emotional
bonding and support.
338. As a social institution, the family has consisted
of more or less formal rules and regulations, organized around the fulfilment
of
societal needs. It has historically been a part of the ethnic community, which
has promoted patriarchy in the family, especially
in the upper economic groups
where property is the base. In a patriarchal structure, age, gender, and
generation strictly determine
roles and responsibilities and control and
distribution of resources. Control over resources and assumption of superiority
gives
the man the authority to make decisions about his dependants, which would
mainly include women and children. With the advent of industrial
civilization
and with the advancement of technology, new factors of social transformation
have begun to accumulate, which are potent
enough to create devastating social
changes and shatter many of the old foundations of family life. The old role of
the family and
the scope of economic security it could provide have been eroded.
The family is gradually becoming the smallest unit of human association,
which
is essential for the prime act of procreation. Similarly, large families have
become, in most cases, an economic liability
instead of an economic asset. The
breaking up of the old family system is brought to notice by an increase in
child crimes, in the
rate of divorces and in cases of desertions.
339. An
emerging trend is the formation of some alternative family or household
compositions, such as:
Counselling
340. The demands of
modern life are such that stress is on the increase. Until recently, the child
was the focus while dealing with
children with special needs and behavioural
problems. Later this shifted to mother-child interaction. The emergence of
Family System
Therapy led to the realization that family is a dynamic unit and
therefore, the focus should be shifted from the child to the relationships
of
various subsystems, where the child is seen in the context of the family and the
family is seen is the context of the community.3
341. Family
courts have been established in 19 States/UTs as per the provisions laid down by
the Family Court Act, 1984. The Act provides
for the establishment of family
courts with a view to promoting conciliation in, and securing speedy settlement
of disputes relating
to, marriage and family affairs and matters connected
therewith. Section 6 of the Act empowers the State Government to determine
the
number and categories of counsellors required to assist a family court in the
discharge of its functions.4 All family law matters such as marriage,
matrimonial causes, maintenance and alimony, custody, education and support of
children and
settlement of property come within the jurisdiction of the Family
Courts.
342. Family counselling services in India are supported by the scheme
of financial assistance to voluntary organisations for setting
up family
counselling centres. This scheme primarily aims to protect the family and the
society at large from breaking up on account
of marital discord, dowry disputes,
alcoholism, drug abuse or other social problems. The main objective of the
scheme is to provide
preventive, curative and rehabilitative services to
individuals, families and the community. Similarly, parental education
programmes
and awareness campaigns for parents and children on the rights of the
child are being undertaken by NGOs working in the area of child
welfare and
development.5
343. In many states, the Department of Social
Defence has been supporting ‘family counselling
centres’.6 Many such services are being offered by
voluntary organisations to assist families in dealing with their problems. The
Nutrition,
Health and Education (NHED) components of ICDS comprise basic health,
nutrition and development information related to children and
development.
Nutrition education is imparted to women through counselling sessions, home
visits and demonstrations. Anganwadi workers use fixed days as
mother-child protection days, organising small group meetings of mothers, home
visits, etc. All efforts
are made to reach out to women, including pregnant
women and nursing mothers, to promote improved behavioural actions for care of
pregnant women, young children and adolescent girls at household and community
level. Sustained support and guidance is provided
in the period of pregnancy and
early childhood, to mothers/families of young children, building upon local
knowledge, attitude and
practices. This helps to promote early childhood care
for survival, growth, development and protection.7
344. The Central Social Welfare Board (CSWB) under the Department of Women and Child Development (DWCD) organizes seminars and awareness camps for women, covering various issues related to the family. Parental education programmes and awareness campaigns for parents and children on the rights of the child are being taken up by NGOs at State and district levels in the area of child welfare and development. Training is provided to concerned professionals of many NGOs on various aspects of child rights, and they in turn generate awareness among people. International agencies like UNICEF and other voluntary bodies have also been making efforts to create awareness about the rights of children among various sections. There are various collaborative efforts, which are doing some excellent work. Voluntary Action Bureau (VAB) and Family Counselling Centres (FCC) under CSWB provide counselling and rehabilitative services to women and children who are victims of family maladjustment and atrocities.8 Leading public schools in India have counselling centres for both parents and children. These centres not only provide career counselling but also provide psychological and emotional guidance.
B. Parental Responsibility
Article
18
345. As noted earlier,
families in the region take many forms, since joint as well as polygamous
families are recognized in customary
and religious laws and social practice.
Female-headed families and families formed by cohabitation without marriage are
also a reality.
In addition to the variety of legal norms in these areas, there
are also uniform laws which try to reconcile the standards set by
the Convention
on this issue.
346. Traditional laws in India, and the South-Asian region as
a whole, whether religious or customary, emphasize the aspect of family
support.
Islamic law recognizes a man’s duty to support his wife and children. The
obligation of support in traditional Hindu
law has, in fact, been used in India
as a basis for the post-Independence codified legislation which now regulates
the subject of
family support in Hindu law. Thus, both parents have an
obligation to maintain a marital or non-marital child. The Criminal Procedure
Code, which applies uniformly to all citizens of India, creates a parallel
statutory remedy on the subject of family support. This
statute is the major law
on child support in India, and reflects a different approach to the issue of
parental responsibility for
financial support.
Policies and legislation
347. According to section 20 of the
Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound, during his or her
lifetime, to maintain
his or her legitimate or illegitimate children. Further,
the provision lays down that the legitimate and illegitimate child may claim
maintenance from his or her father or mother as long as the child is a
minor.
348. Section 24 of the Guardians and Wards Act, 1890, makes the
guardian duty-bound to look in to the support, health and education
of the
ward.
349. Rule 133 of the Islamic law states that every man is bound to
maintain his children and grandchildren till the time of weaning.
After the time
of weaning, in the absence of property, through which they can be maintained,
the children and grandchildren shall
be maintained:
(a) In the case of sons and grandsons who have not attained puberty and unmarried girls, by the father; and if the father is poor, then by the mother, if she is rich, and if both father and mother are poor, then by the nearest grandparent—paternal or maternal if they are rich. Such maintenance is subject to reimbursement against the person liable to maintain;
(b) In the case of major children, excluding married daughter disabled on account of some disease or physical or mental infirmity, by the father only, but if both the father and mother are rich then by both of them in proportion of 2/3: 1/3;
Box 5.1: Landmark judgement
|
Source : Response NI/PC/SAP/132/2000/908 dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, page 18
350. Under the Juvenile Justice (Care and Protection of Children) Act, 2000, the competent authority which makes an order for sending a neglected juvenile or a delinquent juvenile to a juvenile home or a special home or a fit institution may make an order requiring the parent or other person liable to maintain the juvenile to contribute to his maintenance, if able to do so, in the prescribed manner.
351. The Maternity Benefit Act, 1961, provides maternity benefits to working women on completion of 80 days of working. They are not required to work during six weeks immediately following the date of delivery or miscarriage. Upon the submission of medical certificate, advance maternity benefits are allowed. This benefit is also applicable to plantation labourers and contains enabling provisions to extend the same to agricultural workers. Under the Welfare Fund Act, a number of schemes for the welfare of beedi workers are being implemented. These include health, maternity benefit, housing, education, recreation, etc. The Factories Act, 1948, lays down provisions for providing creches in every factory wherein more than 30 women workers are ordinarily employed. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966, the Plantation Labour Act, 1951, the Contract Labour (Regulation and Abolition) Act, 1970, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, also lay down provisions for providing creches for women workers as per the rules mentioned under each Act. The Plantation Labour Act, 1951, provides that women workers be provided time off for feeding children.10
Box 5.2: Udisha
Udisha, the national initiative for quality
improvement in training of child care functionaries and care-givers, is
fundamental to the improvement
in the quality of early childhood care for
survival, growth and development.
Udisha recognises parents and communities as the ultimate link in
the training chain where behavioural change must take place to promote
care,
development and active learning of the young child.
It envisages a key transformation in approaches to training of child care
functionaries and care-giver education. This is through
a holistic approach to
the young child, reflected in a new child-centred curriculum that is structured
along the life-cycle and development
continuum of the child. This pulls together
different sectoral interventions, with a rights perspective.
Udisha seeks to address the physical, social, emotional and
intellectual development of children, by promoting a convergence of actions
in
the areas of health, nutrition, early learning and better parenting.
Udisha is seen as an important element in empowering child care
workers, parents and communities for a continuous process of assessment,
analysis and informed action—to promote the fulfilment of young
children’s rights to live, grow and develop.
|
Source: Booklet—Integrated Child Development Services (ICDS), Department of Women and Child Development, Ministry of Human Resource Development, page 33
Programmes
352. Measures adopted to render appropriate assistance to parents and legal guardians include facilities like day-care centres, crèches, play-houses, early childhood care centres and Anganwadi centres which are run by Governments, State/UTs as well as by NGOs.11 The Central Sector Scheme of running crèches/day care centres was started in 1975 in pursuance of priority objectives of the National Policy for Children adopted in 1974. It aims to provide day-care services mainly for children (0-5 years) casual, migrant, agricultural and construction labourers. Children of women who are sick, incapacitated due to sickness or suffering from communicable diseases are also covered under the scheme, which is framed to cater to the very low economic groups. Services available to children include sleeping and day-care facilities, supplementary nutrition, immunization, medicine, medical check-up and entertainment. The scheme is being implemented by the CSWB through a voluntary social welfare organization, and two other national level voluntary organizations, namely, the Indian Council for Child Welfare (ICCW) and Bharatiya Adim Jati Sevak Sangh (BAJSS) all over the country. The National Crèche Fund (NCF) was set up in March 1994. The general crèches assisted by the NCF follow the pattern of the Department of Women and Child Development’s Crèche Scheme, and provide children below five years services with day care facilities, supplementary nutrition, immunization, medical and health care and recreation. Children of parents who are extremely poor are eligible for enrolment.
Box 5.3: A few interventions by NGOs
Mobile Crèches has been running day-care centres for children
of migrant construction workers in Mumbai and its suburbs since 1972. They
arrange
day-care centres in safe places, where they keep children away from the
dangers of the construction site. They provide nutritious
mid-day meal, snacks
and milk. Doctors come for check-ups and to immunise children. The organisation
also arranges for non-formal
education with story-telling, play, singing, art
and craft, and finally gets children admitted to municipal schools.
Mobile Crèches has been extending services to the
construction sites, slum areas and resettlement colonies in Delhi. There are
altogether 28 such
centres. The core of the programme lies in building positive
interactions based on partnership and sharing of perception and knowledge.
They
carry out daily interaction with parents at the centres on issues pertaining to
early childhood care, education and other issues
of common concern. They conduct
camps (local andoutstation) for community members. This interaction also
involves the male members
of the child’s family and has proved to be a
holistic way to address familial problems, which directly or indirectly affect
the child.
Ashraya, located in Bangalore, Karnataka, is committed to
finding a solution for children within the framework of their own biological
families,
or in adoptive homes. Ashraya has crèches at about 30
large construction sites, providing almost 300 children with a safe haven within
the building site
itself. The trained and committed staff impart literacy and
craft training. A nutritious diet, medical cover and immunisation, has
improved
the health of the children dramatically. Parents’ involvement has grown
through family meetings and informal interaction
between them and the staff of
Ashraya.
In 1996, Ashraya started a residential school for children of
migrant labourers, 100 km from Bangalore, near Madanapally, called the Neelbagh
Residential
School. The school imparts non-formal education to children and has
a large component of vocational training as part of the curriculum.
Navjeevan Bala Bhavan is an organisation for street
children in Vijayawada, Andhra Pradesh. Under their project called Bala
Vikasa Kendra, they provide recreation, basic education, counselling,
nutrition and first-aid facilities to more than 150 children in and around
Autonagar. At present, more than 75 children attend classes at Bala Vikasa
Kendra every day. Out of these, 70 per cent are boys and 30 per cent are
girls.
The Spastic Society of Tamil Nadu, in Thiruvallur district has
initiated Community Participation Rehabilitation in early intervention and
developed a horizontal model
with the support of UNICEF, Chennai. This programme
is in full partnership with parents of disabled children, with ICDS personnel
and with Primary Health Centres. After three years of preparation, one project
has been handed over to Parents, Self-Help Group.
The focus of this
village-based activism, is the empowerment of the disabled people and their
families.
Indian Council for Child Welfare, Tamil Nadu, is running 113
crèches in different districts depending on the need. Health care,
play-way teaching a nutritious noon meal,
leisure activities and celebration of
festivals are some of the services provided in these crèches. The mothers
are periodically
oriented on parenting skills and on better child-rearing
practices. The council runs three crèches in industrialised areas
like
Ambattur Industrial Estate (AIEMA) and Madras Export Promotion Zone (MEPZ).
Financial assistance and counselling services are
extended to the children and
their parents so that the children can pursue their formal education and
vocational training.
In Usilampatti, Madurai district Tamil Nadu, apart from extending support
to children and parents from the lower socio-economic strata,
the focus is on
disabled children. The Council was able to reach out to 559 beneficiaries
through its counselling and related services.
The Indian Council for Child Welfare, Assam, runs 34 crèches
for children of six to seven years of age. These centres are run mostly in rural
areas. The family counselling
centre run by the Social Welfare Advisory Board in
the police headquarters of Ulubari, Assam, has been handed over to the State
Council
for Child Welfare.
|
Box 5.4: International conference on early childhood care
for survival, growth and development
A new vision for young children in the twenty first century is being
evolved — a vision that focuses on promoting early childhood
care for
survival, development, protection and participation. The vision includes
strengthening of family and community capacity
to promote care for young
children, girls and women. An international conference was organised from 3-5
October 2000 in New Delhi,
in order to facilitate India’s new strategy for
young children.
It was felt that parents and family members would continue to be the main
influence on young children’s lives in the foreseeable
future, especially
for children under three or four years of age. Perhaps, the greatest and most
lasting effect on a child’s
learning and development can come from
improvement in the capacity of parents to provide a supportive environment for
learning and
development. The various possible ways to support and work with
parents and family members and the particular combination of how
to go about
this work was discussed at the conference.
|
Source: Brochure on International Conference on Early Childhood Care for Survival, Growth and Development, UNICEF.
353. The scheme is being implemented through voluntary organizations or Mahila Mandals. The financial norms for the NCF are the same as that for the crèches under the scheme of Assistance to Voluntary Organizations for crèches for Working and Ailing Mothers. The voluntary organisations/Mahila Mandals are required to open the crèches in schools or in places close to schools, in rural and urban slums dominated by SCs/STs. They are encouraged to involve the communities in the implementation of the scheme so that the crèches become self-supporting.12 At present, there are about 14,925 crèches supported by the above scheme benefiting approximately 373,000 children.13 With regard to destitute children , the Government of India (GOI) proffers the Integrated Approach to Juvenile Justice, a scheme under which institutions are set up to look after children who are in need of care and protection. Besides, family assistance is provided through individuals, families and communities. Sponsorship services for poor families are also rendered by various institutions.
C. Separation from Parents
Article
9
354. Separation from parents in the best interest of the child usually takes place when either parent is not in a position to take care of the child because of poverty, ailment, alcoholism or imprisonment; or when parents are not known; or when children are abandoned, or when children become victims of man-made natural disasters.
Neglected juveniles
355. If a
neglected juvenile is brought before the juvenile court, the court acts in the
interest of the child and directs him/her
to be sent to the children’s
home in order to provide him/her with proper habitation and care for its
physical and moral health.
356. According to the Juvenile Justice (Care and
Protection of Children) Act, 2000, during the pendency of any inquiry regarding
a
juvenile, the juvenile, unless kept with a parent or guardian, would be sent
to an observation home or a place of safety for such
period as may be specified
by the order of the Juvenile Board.14 For more details of the Act,
see section on the Administration of Juvenile Justice.
357. The Annual Report of the National Commission for Women 1995-96 reports that a number of infants and children accompanied their mothers into the prisons. Facilities for child care, therefore, were also observed and were found to be adequate in only two jails. The National Commission for Women has recommended that infant care facilities like crèches and the ICDS project be established/run in each prison/custodial home for proper care and development of children accompanying women inmates.15
358. In India, normally all hospitals allow the parents or the guardian to stay with an ailing child in the hospital.
359. While the father is always the natural guardian, the mother is given the custody of the child on the basis of what is termed as the “tender age theory”. Custody is granted during pendency of a matrimonial dispute between parents [section 26 of the Hindu Marriage Act (HMA)]. Under the HMA, however, courts have to be guided by the principles of the Hindu Minority and Guardianship Act (HMGA). The mother ordinarily has custody of a child till the age of five years. Under Muslim law, among Sunnis, the custody of the girl child remains with the mother till the age of seven and till the age of two under Shia law (till the child is weaned). In the absence of the father, male relatives get preferential rights for custody.
360. However, courts generally favour the principle of welfare of the child in determining custody, which would depend upon the facts of each case. Even if custody is granted to one parent, the other parent has a right of visitation and cannot be denied access to the child. The orders of custody can also be modified with changed circumstances.16 In the Juvenile Justice Act, 1986, which covers neglected as well as delinquent children, there are suitable provisions to ensure that the child separated from one or both parents has the right to maintain parental relations as well as direct contact with the concerned parents.17
D. Family Reunification
Article
10
361. Migration of a parent or sibling to a foreign country is an important strategy for the economic survival of those left behind at home, particularly among the vulnerable groups of people. Thousands of families in India depend on the remittance of migrant workers as a source of livelihood. In a way, these families have developed their own “safety net” by searching for a job elsewhere, but at a cost. Families that migrate for economic reasons have to deal with social and psychological problems created for the children left behind at home as well as the problem of dealing with tensions in the new place of work. In most cases, only one parent migrates so that the child is left behind with the other parent. The separation of the child from the parent can extend to long periods and would depend upon the economic status of the family.
362. Such Indian migrant families are dealing with increasingly restrictive conditions being placed on the right to family reunification by the host countries. Most countries which account for a major share of Indian migrants abroad, now prescribe detailed procedures for allowing the family to join, leading to delay and uncertainty which have been extremely detrimental to children’s healthy development. There is a long waiting list of children in India seeking to join their parents abroad. Often, delays have ruined children’s chances. In many cases, they pass the age of 18 while still awaiting their visas. A positive, humane and expeditious approach to the issue of granting visa to members of separated families is strongly recommended.
363. Foreigners who desire to visit India, can do so after obtaining a visa from the Indian Mission in the country of their residence, or in the country nearest to them. People of all nationalities can visit India for tourism, business, education or family reunions. Employment visas are also granted if backed by employment contracts. Visas for the spouse and children of foreigners employed in India are automatically granted. A large number of Indians are now seeking job opportunities abroad.
364. According to the Indian Foreigners Act (1946), foreigners may be refused admission at any point of entry if they do not possess valid documents.
365. There appear to be no reported cases where applications to enter or leave the country have resulted in the applicant or the applicant’s family being persecuted or discriminated against. This also applies to asylum-seeking individuals.
366. This article is
primarily concerned with parental abductions or retention outside the
jurisdiction of the State Party. Though
the article includes non-parents in its
scope, it should be noted that Article 35 covers the sale, trafficking and
abduction of children.
Article 11 applies to children taken for personal
rather than “financial” gain, whereas “sale” and
trafficking”
have a commercial or sexual motive. Those who abduct children
for purely personal motives are usually, though not invariably, parents
or other
relatives.
367. Such instances of illicit transfer and non-return of children
abroad, usually by one of the parents, have been rarely reported
in India.
India, at present, is not a signatory to the Hague Convention on the Civil
Aspects of International Abduction (1980).18
Box 5.5: Separated women abandoned by law
It is more than six years since lawmakers were expected to consider an
important amendment in the Criminal Procedure Code that would
have enhanced the
maintenance amount for separated women. The allotted sum was Rs 500 and the
proposal was to enhance it to Rs 1,500.
In the current session of Parliament, the Minister of State for Home
Affairs, admitted that the Bill was still awaiting the lawmakers’
approval.
The Law Commission had recommended enhancement of maintenance allowance to
Rs 5,000 per month. The Government says it will again move
a Bill in the
Rajya Sabha to implement the Law Commission’s recommendation.
A woman has two distinct rights for maintenance. As a wife, she is entitled
to maintenance unless she suffers any of the disabilities
indicated in Section
125(4) of the Code; after divorce, she is entitled to claim maintenance from the
former husband.
A woman thrown out of her in-law’s house can legally receive an
immediate relief of Rs 500 only. The Code which stipulates payment
of
maintenance has remained unchanged for the last 27 years, though prices have sky
rocketed.
Initially, Section 125 of the Code had fixed the maximum maintenance amount
at Rs 250. It was amended last in 1973 and the amount
was increased to
Rs 500. The Act was supposed to provide quick relief to a woman belonging
to any religion.
But no amendment has been made in the Code to ensure that she gets urgent
interim relief to sustain herself and her children. Due
to the tardy litigation
process, the immediate relief to the woman in need is ever eluding. In practice,
a woman gets the final relief
after meeting the heavy expenses of a prolonged
multi-tier litigation process.
In its 154th report, the Law Commission recommended that the ceiling of
Rs 500 should be waived and a woman who is earning a livelihood
also be
entitled to maintenance amount. In determining the maintenance amount, the
magistrate must take into account not only the
food expenditure and education of
children, but also money to be set apart for emergencies. It also suggested
deletion of the section
which deprives a wife from claiming maintenance if
“living in adultery.”
Later, the Commission felt that the maintenance amount should be
Rs 5,000.
|
Source: The Times of India News Service
F. Recovery of Maintenance for the Child
Article
27
368. Under most of the
personal laws in India, the primary responsibility for the maintenance of a
child rests with the father. If
the father has no means or insufficient means,
then the mother has the obligation to provide for the child. Under all the
matrimonial
statutes of India, children are treated as part of ancillary
proceedings. Under the Hindu Marriage Act, 1955, Special Marriage Act
and Indian
Divorce Act, proceedings for maintenance are generally filed by the parent with
whom the child resides or who has its
custody. An interim application is filed
by such parent, but it is done during pendency of a proceeding under the Act.
Such proceedings
could be divorce, judicial separation or restitution of
conjugal rights. The court may take note of the wishes of children and pass
orders pertaining to maintenance, taking note of its need and education as
befitting the status of parties. The order of the court
can vary, depending upon
the circumstances of the case. The orders can also be passed in a final
proceeding where the court decides
upon the status of the marriage, but it is
always subject to variation as the needs of the child are never
static.
369. Under Section 20 of the Hindu Adoption and Maintenance Act, a
Hindu is bound to maintain his children (legitimate and illegitimate)
as long as
they are minors. A daughter is liable to be maintained as long as she is
unmarried and unable to maintain herself from
her earnings and property.
According to section 125 of the Code of Criminal Procedure, 1973 (Cr. P. C), a
magistrate of first class
may, upon proof of neglect or refusal (as mentioned in
the section), order such a person to make a monthly allowance for the
maintenance
of his wife or child, at a monthly rate not exceeding Rs 500.
Ordinarily, maintenance is to be paid till the child attains 18 years,
but
in the interest of the child, it can continue beyond this age, if the child is
studying. Otherwise, it continues in the case
of exceptional situations like the
ill-health of the child. All orders passed are enforceable like a civil decree,
and courts can
order attachments of salary. There is no fixed quantum and it
would depend upon the income of the parent and the need of the
child.
370. Under Islamic law, children are liable to be maintained by their
parents. In addition to this, the wife can initiate proceedings
under the Muslim
Women (Protection of Rights on Divorce) Act, 1986.
371. In cities where the
Family Courts Act of 1984 is implemented, matters of maintenance, custody and
access come under the jurisdiction
of the Family Courts. In such cases the
Counsellor submits to the court, a report relating to the home environment of
the parents,
their personalities and relationship with the child in determining
the amount of maintenance to be granted to the child. In case of a
neglect juvenile, a competent authority can make an order under the Juvenile
Justice (Care and protection of Children)
Act, 2000, requiring the parent or
other person liable to maintain the juvenile.
372. Section 125 (3) of the Code of Criminal Procedure states that if any person so ordered fails without sufficient cause to comply with an order on maintenance, then the magistrate may, for breach of order issue a warrant for levying the amount and may sentence such a person to imprisonment, for a term which may extend to one month or until payment if sooner made.
Box 5.6: Fostering families—Creating a home away from home
"Bonny baby!”, they called her. “But will she live?”
asked her five-year-old brother. He was too shocked to speak
when he saw how
little his new sister was. When she was brought to the SOS Village in Faridabad,
nobody knew whether she’d
make it or not. But she did. After ten days of
struggle for survival in the incubator, the one-month-old girl sleeps peacefully
in
her red wool dress, waiting to be given a name. She’s quite unaware of
who or where her real mother is or how she was disowned
by her real parents. And
she’ll never know who they are.
After being born prematurely in the seventh month to an unwed mother in
Varanasi, her mother’s relatives made sure she wasn’t
brought up
there. “An SOS official who wanted her to survive and have a family,
brought her here. Now, she is the youngest
member of the SOS village (one of 32
in India) here. We’re going to name her soon after a puja
ceremony,” says Niharika Chamola, SOS Educational Counsellor.
Be it the earthquake at Latur or the Orissa cyclone that left many children
homeless, SOS has changed the definition of an ‘orphanage’
by giving
children in its care an SOS family besides basic education. The SOS childrens
villages in India try to give a permanent
home to the kids with a strong
foundation for an independent and secure life,” says Naushad Raza, another
Educational Counsellor.
Five-year-old Anubhav loves dancing, while his nine-year-old sister Apoorva
wants to become a pilot. Their mother, Kamalini, says,
“Anubhav came to me
when he was just a few days old, his mother died while giving birth to him,
therefore he’s more attracted
to me than my other kids. Apoorva is a
topper, she’s always absorbed in books. I know she’ll become
successful someday.
What does Anubhav want to become when he grows up?
“Hrithik Roshan,” he says. For Kamalini, these kids are family.
“I
gave up the choice to have my own kids. It’s been nine years
since I began taking care of these kids, it works like any other
household, we
share our joy and grief together. I help the kids with their homework and take
them out for movies and picnics. I also
try to save enough money to buy them
things, make fixed deposits for a brighter tomorrow.”
But not everyone can become a mother. It’s only after two years of
rigorous training that a woman is chosen to play ‘mother’.
“The women are observed closely—whether they’re capable of
performing the duties of a mother. They go through psychology
tests to see if
they can handle the traumas some of the children face. If someone
can’t be a mother, then they become an aunt
to assist the mother,”
says Niharika.
But does the past ever haunt these kids? Do they ever wonder if their
families are any different from other families? “Sometimes,
the past is
destructive, especially if the kids come at an older age, they remember the
trauma that has touched their lives”
says Kusum Sharma, one of the oldest
SOS mothers. “I’ve brought up 33 kids. If the child comes to us at a
young age,
reality introduces itself in a very natural way. It happens when
children start going to school—they interact with other kids
and come back
with questions. If I recall correctly, when one of my daughters, Manjari, was
about six, I would often take the kids
to play in the park. There she would see
other kids come with both their father and mother. One day, she asked me why her
dad didn’t
come to play with them. Slowly they understand the
difference.”
Today, 22 year-old Manjari, who specialises in human resources development,
says “For me, this is my family. It’s given
me so much. Without
them, I would be nothing.”
|
Source: Times of India.
G. Children Deprived of their Family Environment
Article
20
373. The radical changes in India’s political, socio-cultural and economic environment have had their impact on marginalised children. The immediate causes include:
374. Such children need special care and protection. The programmes of the GOI and its counterparts in the States focus on children in crisis situations such as street children, children who have been abused, abandoned children, orphaned children, children in conflict with the law, and children affected by conflict or disasters.
Box 5.7: Bid to rehabilitate orphans in Orissa
Survival, protection, education and participation would be the four
mantras for the Orissa Government while rehabilitating children affected
by the cyclone. These have been adopted from the United Nations’
Convention on the Rights of the Child acceded to by India in 1992.
The Government plans to shelter the orphans in day-care centres, short-stay
homes and crisis homes-cum-transit homes. The Consortium
for Rehabilitation of
Children (CRC), a forum comprising the Woman and Child Development Department,
Orissa State Council for Child
Welfare and 69 NGOs, has so far identified 1,200
orphans and 755 children-at-risk for rehabilitation.
"We have to first ensure the survival and protection of children. After
that we can think of their education and participation in
the mainstream,”
said Commissioner-cum-Secretary in the WCD Department, Tarun Kanti Mishra.
Though many children have been orphaned by the cyclone, not all are
assetless. Under the Community-based Rehabilitation (CBR) programme,
the
Rs 75,000 ex-gratia given to these orphans would be put in a joint account
in the name of a special officer from the WCD department
and the orphan’s
guardian. The monthly interest of Rs 700 would be spent on the child.
The State Government would also form a supervisory committee, comprising an
NGO member, a local panchayat official and a Government official, who
would periodically if the child is receiving the actual benefits.
The Government has also started a foster mother scheme, called Operation
Sneha, under which a foster mother would be appointed for the orphans in the
area. For example, in Jhantipari village of Jagatsinghpur
district, a widow has
been appointed as foster mother to 10 orphans, and has been provided with
utensils and other household items.
The rehabilitation process would continue
for the next six months, after which the programme would be reviewed.
While 18 of the 87 orphanages in the State have shown interest in taking
the orphans, many institutions outside the State, like Dayasadan
Children’s Trust, run by Saroj Goenka in Chennai, Bharat Sevashram,
Help, Sampark, Santi Alias Trust and Salam Balak
Trust, have offered to take all the children orphaned in the cyclone.
|
Source: D.O.No.5-3/2001-SD, Ministry of Social Justice & Empowerment, GOI
375. One of the initiatives in this regard is the Integrated Programme for Street Children, whose objective is to prevent destitution of children and to facilitate their withdrawal from the streets. The programme provides for shelter, nutrition, health care, education, and recreation facilities to street children and seeks to protect them against abuse and exploitation. The target group of this programme are children without homes and family ties, i.e., street children and children specially vulnerable to abuse and exploitation such as children of sex workers and children of pavement dwellers. In addition to voluntary organizations, State Governments, UT administration, local bodies, and educational institutions are also eligible for financial assistance from the Government under this programme.
Box 5.8: Bid to rehabilitate people afftected by
earthquake in Gujarat
The Ministry of Social Justice and Empowerment drew up crises intervention
model called Sneh Ghars/Mamta Ghars to house children,
women and the aged
affected by the earthquake in Gujarat. Grants amounting to Rs 274.47 lakhs
were released to Indian Council for
Child Welfare, Childline India Foundation,
Child Relief and You (CRY), Action Aid India Society, Helpage India and Agewell
Foundation
for setting up of nearly 200 Shelter Homes, Relief Campus, Crises
Centres and Mobile Medicare centres in Gujarat. A comprehensive
data analysis
system has also been prepared to ensure follow up of those affected by the
earthquake in Gujarat including children.
|
Source: D.O.No.5-3/2001-SD, Ministry of Social Justice & Empowerment,
GOI
376. Under the Juvenile Justice (Care and Protection of Children)
Act, 2000, Section 15 lays down six avenues to be explored so as
to ensure that
every opportunity is afforded to a child to remain with his/her family. It is
only when these six avenues are not
successful that the Board will direct that
he/she be sent to a special home.
377. The scheme for Prevention and Control
of Juvenile Social Maladjustment was revised in 1998-99 with a view to
strengthening the
implementation of the earlier Juvenile Justice Act 1986 in the
country and bringing about a qualitative improvement in the services
provided
under the scheme to both neglected as well as delinquent children. The salient
features of the revised Programme for Juvenile
Justice are as follows:
(a) Establishment of a National Advisory Board (NBA) on juvenile justice to advise the Government on matters relating to the implementation of the Juvenile Justice Act 1986 in the country, including the quality of infrastructure and staff available under the Act;
(b) Creation of a Juvenile Justice Fund;
(c) Establishment of a Secretariat for the National Advisory Board;
(d) Appointment of observers to report upon implementation of the Act in different States/Uts;
(e) Institution of a Chair on Juvenile Justice at the Child and the Law Centre of the National Law School of India University, Bangalore;
(f) Training, orientation and sensitisation of judicial, administrative, police and NGO personnel responsible for implementation of the Juvenile Justice Act 1986;
(g) Expansion of non-institutional services such as sponsorship, foster care, probation, etc., as alternates to institutional care;
(h) Provision of scholarship to children being processed under the Act for excelling in academics or in extra-curricular activities.19378. Guidelines for foster family care as an alternative to institutional care for children awaiting adoption as well as for uniformity in country adoption have been circulated to voluntary social/child welfare agencies and State Governments for implementation. Twenty agencies in India and six agencies abroad have been given recognition/enlistment by the facilitating Ministry for undertaking intercountry adoption during the year 1999-2000.
379. State Governments operate various programmes under Foster Family Care. For instance, in Rajasthan, the Department of Social Welfare (SWD) of the Government of Rajasthan runs Shishu Grahs (children’s homes) independently for children in the age group 0-6 years, left as orphans by unwed mothers or those who are referred by the police, social activists and now through Child Line Services. The Department runs these centres through NGOs, as well by giving them aid. Orphanages are being run for providing parental care to orphans and abandoned or neglected children in the age group of 6-16 years in the case of boys and 6-18 in case of girls. Similarly, about 600 orphanages are functioning in the State of Kerala benefiting about 50,000 children.
380. A lot of care is taken to keep in mind the child's ethnic, religious, cultural and linguistic background while rehabilitating him/her. The option of restoring the child to his/her family is considered the best alternative. Only in the absence of this alternative, are the other options suggested and availed of.381. Review of the quality of care and treatment provided to the child who has been placed in institutions for care and protection is another responsibility laid on the State. For this purpose, Social Welfare Officers are appointed. They monitor the situation of children placed in homes and foster care. Every social welfare officer is required to submit a monthly report of the children/institutions under his or her jurisdiction to the superior officer. These reports form the basis of any action which needs to be taken. The Juvenile Justice (Care and Protection of Children) Act, 2000, has a provision for involving voluntary organizations in the inspection of children’s homes.
H. Adoption
Article
21
382. It is an accepted
fact that full-fledged emotional, physical and intellectual development of a
child depends largely on the environment
in which it grows up. While the love
and affection of biological parents is an ideal impetus for such growth, there
is a large number
of children who find themselves in orphanages and other such
institutions due to various circumstances. Relevant studies have proved
that
while institutional care may be unavoidable for such children at the initial
stage, their best interests lie in being able to
find families which will adopt
them and provide them with the required emotional and physical
security.
383. The very basic definition of adoption is that it is the
creation of a parent-child relationship between persons who are not related
so
by birth. The minimum function of law in creating this artificial parent-child
relationship is to put it on par with the natural
one. In practical terms, it
means that the same mutual rights and obligations that normally exist between
parent and a child born
to them would automatically apply to the adopted child
in relation to the adopted family.
384. In the past, the primary
considerations in adoption were the interests of the adopting parents. Interests
of the child were not
a priority, because these were taken care of within the
close-knit family system of the past. Today, the scenario is different. The
interests of the child are very much a priority, and the primary motivations of
the adopting parents have also undergone changes.
Depending upon their personal
and social background, they are able to appreciate and accommodate the
child’s needs in varying
degrees.20
385. Various measures
have been taken to regularise and legitimise the adoption process making sure
that the interests of the child
are regarded as a top priority. Agencies
competent to authorise adoption (licensed by the Ministry of Social Justice and
Empowerment)
are spread all over the country, especially in the major cities.
These agencies ensure a smooth administration of the whole process,
including
appropriate selection according to compatibility, the legalities involved,
counselling and supervision following the adoption.
Legislation
386. India is a country
of diversities, and various sections of the society have their own personal
laws. There is no uniform civil
code for people belonging to various religious
and cultural groups; hence there are no universally applicable procedures.
387. Legislation related to adoption fall into two broad categories:
388. HAMA applies to all Hindus,
Buddhists, Jains and Sikhs. The Act authorizes any adult male of sound mind to
adopt a child and
if he is married, he can do so only with the consent of his
wife. On the other hand, a female of sound mind may adopt even if she
is
unmarried or a divorcee, but can only be a consenting party to the adoption, if
she is married. HAMA also declares all adoptions
to be irrevocable and says that
all ties of the child with the family of his/ her birth shall be deemed to be
severed from the time
of the adoption.
389. The personal law of Muslims,
Christians, Parsis and Jews does not recognize complete adoption and hence
persons belonging to
these communities who are desirous of adopting a child can
take a child only in “guardianship” under the provisions of
GWA,
1890. This does not provide to the child the same status as the child born
biologically to the family. This Act confers only
a guardian-ward
relationship.
390. The current legislation in India has a few lacunae. The
greatest inadequacy is the absence of a uniform law for adoption, which
would
apply to all Indians. Besides this, the adoptive mother (if married) is not a
joint petitioner, but only a consenting party.
The GWA, 1890 confers only the
status of ward to the adopted child and not the status of a biologically born
child, hence there is
no security for either the adopted child or the adoptive
parents.
391. The Tamil Nadu Adoption Bill has been prepared in consultation
with NGOs and experts. This legislation, when enacted, will help
adoption of
children by all families irrespective
of religion.21
392. The Supreme Court of India, while acknowledging that intercountry adoption is at times necessary for those children who would otherwise languish in institutions, in its landmark judgements in the Laxmikant Pandey vs Union of India case directed that preference is to be given for finding homes within India for every orphaned child. The full development of a child’s potential is possible only in the care of a family and as far as possible such a family should be located in the country of the child’s birth. Towards this end, voluntary coordinating agencies have been set up to promote in-country adoption. These agencies maintain a list of prospective Indian parents and match them with children available in various adoption agencies. Any adoption or voluntary coordinating agency can be contacted or approached for obtaining information on correct procedures of adoption. These agencies provide not only factual data, but also psychological and moral support all through the process of adoption.
393. The agencies employ professional social workers whose role is to ensure as smooth and untraumatic a placement of the child with his/her adoptive parents as is possible. These workers know the minutest details of the entire procedure and thus they are indispensable in the process of adoption. Their work profile includes pre-adoptive counselling, selection of the child, legalisation and post-adoptive assistance.
Adoption procedures
394. The first
contact of couples seeking to parent the child with the adoption agency is a
critical one, as at that point their ideas
about adoption may be vague. The
social worker of the agency conducting the interview deals with the queries they
have in an encouraging
manner and gives them the required information in simple
and clear language. Once it is apparent that the couple has made a firm
decision
and are likely to be acceptable as adoptive parents, they may be asked to
register with the agency. Upon registration, the
couple are given a list of
documents they have to obtain. They are also informed of the home study report
that will need to be prepared,
the financial costs involved and the requirements
for follow-up after adoption.
395. Assessing the ability of a prospective
adoptive couple to parent a child not born to them is of crucial importance in a
successful
adoption. The procedure or the main tool for learning about the
circumstances about the applicants, which have a bearing on their
suitability,
is the home study. The home study is prepared on the basis of a series of
individual and joint interviews with the applicants,
home visits and, if
necessary, contacts with the references. The information thus collected covers
varied facts related to the adoptive
couple, their significant relatives, etc.
This ensures that the physical and psychological environment in which the child
would go
will be conducive to his/her overall development. Once the ‘home
study’ procedure is complete and the areas of counselling,
if any, have
been taken care of, the process of selection of the child for the couple
starts.
396. Care is taken that the child resembles them as far as possible
in terms of complexion and features as this helps in the process
of
psychological identification.
Legal procedures
397. In order to secure the child’s interests (and to avoid the specific cases of secret adoption) it is of crucial importance for the agency to ensure that the legal procedures are completed by the couple. This includes:
398. Once the adoption of the child is over, the supervision and follow-up is done based on the specifications of the court for the same. This is done in order to monitor the adjustment process of the family with the child and vice versa.
399. It is essential to ensure that the child is, or will be, legally free for adoption before considering an adoptive couple for him/her. A child relinquished by a biological parent or guardian can be considered free for adoption after proper documents of surrender have been obtained and the stipulated three months reconsideration period has lapsed without the parent or guardian reclaiming the child. In the case of a remanded child, the agency can apply for his placement on a fit person basis after the child is declared destitute by the Juvenile Court/Board. Where the child is court committed, it is necessary to apply to the Director of Social Welfare or the appropriate Government authority of the concerned State for a release order.
400. In the whole process of adoption, the social worker also ascertains the areas, if any, in which the adoptive couple needs support and counselling. It is then the job of this worker to offer the same to the couple in the course of his/her contacts with them. Some areas of counselling which are commonly dealt with are:
401. In order to ensure the best interests of the child, as per article 21 of the Convention, guidelines have been brought out by the Central Adoption Resource Agency (CARA), a statutory body under the GOI. These guidelines provide adequate instructions to adoption agencies for proper implementation of the programme. As already mentioned, certain other agencies like the Juvenile Welfare Board and scrutiny agencies have also been set up to monitor the adoption programme.
Monitoring
402. CARA monitors and regulates the working of adoption agencies which are recognized by the Central Government. It also works in close cooperation with voluntary coordination agencies and enlisted Indian and foreign placement agencies. The main objective of this agency is to facilitate the adoption of as many Indian children as possible. In order to meet the twofold needs of offering support and assistance in the adjustment between the child and the adoptive parents, and observing and assessing the advisability of the placement, supervision is done during preadoptive foster care. On the other hand, post-adoptive supervision and follow-up is mainly and necessarily supportive in nature and should continue until the child is fully integrated into his/her adoptive family. In general, areas like guidance in parenthood, physical and medical care and child development are covered by the social worker during supervision. Fears, anxieties and doubts are dealt with through reassurance and discussion. Besides these, adoptive parents also need assistance in handling the reactions of the relatives, neighbours and friends. If the adoptive parents are helped to deal with their situation of being adoptive parents, they learn to handle the reactions of others.
Table 5.1: In-country and Inter-country
adoptions
|
|||
Year
|
In-country adoptions
|
Inter-country adoptions
|
Total
|
1995
|
1424
|
1236
|
2660
|
1996
|
1623
|
990
|
2613
|
1997
|
1330
|
1026
|
2356
|
1998
|
1746
|
1406
|
3152
|
1999
|
1558
|
1293
|
2851
|
2000*
|
1870
|
1364
|
3234
|
Total
|
9551
|
7315
|
16866
|
* This data pertains to only placement agencies recognised for inter-country adoptions
* 11 Agencies are yet to provided last quarter data
Source: D.O.No. 5-3/2001-SD, Ministry of Social Justice & Empowerment, GOI.
Rights of the child
403. According
to the law, an adoptive child has the same rights over the property of his
adoptive parents as a biological child.
404. The rights of adopted children
to find out about their biological parents and the search by a child for his/her
roots and identity
is a sensitive aspect of the adoption process. There are two
points of view regarding what should be done in such a situation. One
is that
the adopted child has the right to search for his/her roots and identity, and
the other is that it is the biological mother’s
right to keep her secret
and have the confidentiality of her abandonment preserved. Not to be forgotten
is the social worker’s
code of ethics and her responsibility to keep
confidential the records of the biological mother which makes the situation more
complex.
The adoptive parents also become very anxious during their search
because it threatens the security of their parental ties and takes
them through
the trauma of acknowledging the existence of another set of parents. At present,
many agencies promote the view that
when the child grows up, information may be
given regarding the biological mother’s social background, circumstances
and reasons
for abandonment. However, the identity of the mother is not
revealed, thereby protecting all corners of the adoption triad.
Adoption agencies in India have a sealed and confidential record system.
There is no access to the relinquishment document and it
remains a property of
the court.
405. Without doubt, the child integrates best within the country of his/her own origin because of the identification with the cultural milieu closest to his/her roots. Only in the event of no suitable family being available within the country of the child’s origin should the child be rehabilitated through intercountry adoption. Moreover, sincere efforts are made by a few adoption agencies to motivate Indian parents to adopt so that a climate is created in the country for rehabilitation of destitute children. In the absence of statuary laws and government procedures until 6 February 1984, it was within the capacity of any agency to offer a child for adoption to a foreign parent. However, on the said date, the Supreme Court in a landmark judgement of the case, Lakshmi Kant Pandey vs Union Of India (1984) set the principles and norms, and standardised the procedures involved in inter-country adoption. According to the judgement, first preference should be given to Indian families residing in India as far as possible. This judgement was an attempt to make up for the absence of safeguard procedures and effectively tackle allegations of child trafficking and sale of babies. In the Supreme Court judgement, certain normal and procedural safeguards have been introduced to protect the interests of the child which are as follows:
(a) Government adoption authorities in both sender and receiver countries should make inter-country adoption arrangements;
(b) A child study report would have to be prepared by professional workers of an appropriate authority or agency to provide information about the prospective child to be given for adoption, as it would form the basis of the selection of the prospective adoptors of the child;
(c) Similarly, the family study report would have to be prepared by a professional social worker to ascertain the basis on which the applicants were accepted as prospective adopters. It should be ascertained that the adoptive applicants residing abroad, whether of Indian or foreign origin, qualify to adopt a child as per the laws of the country of their residence;
(d) It is essential that in intercountry adoption,
- (i) the child is given the same legal status and rights of inheritance, as if she/he has been born to the adoptive parents in marriage; and
- (ii) immigration regulations of the concerned country will permit the child to enter the country.
(e) (When the legal adoption process is concluded, the child shall have the equivalent of a birth registration certificate and shall be granted appropriate citizenship.)406. The above safeguards help in supervising the progress of the child and ensuring that the child is adopted at the earliest in accordance with the law of the country. Directives have also been issued to the adoption agencies to carry out adoption procedure as per rules and regulations laid down by the Supreme Court of India.
407. The Government has set up CARA, which works as the clearing house of information to monitor in-country and intercountry adoptions. The Ministry of Social Justice and Empowerment grants recognition to both Indian and foreign agencies which are engaged in sponsoring Indian children for adoption abroad. seventy-seven agencies in the country have been given recognition for intercountry adoption. In addition, 293 foreign agencies have also been enlisted in more than 25 countries to sponsor intercountry adoption of Indian children.408. There are no bilateral or multilateral agreements concluded by the State to promote the objectives of article 21 of CRC. However, any person who is residing outside the country and expresses the desire to adopt, would have to follow the guidelines issued by the Supreme Court of India given in Lakshmi Kant Pandey vs Union of India 1984, which has already been mentioned above.
409. Table 5.1 shows the estimated number of children who have found homes through these agencies during the past few years, as per records available with CARA.
410. In India, there are various reported cases of secret adoption. Many people take children away from hospitals/ nursing homes through illegal means and many such cases go unreported. There are also couples who prefer to adopt a male child rather than a female child and it is very difficult to convince them otherwise. At present the process of adoption is understandably very lengthy. As the initial months are very important in a child’s life, it is the intention to place the child in a family as early as possible. However, pre-adoption processes are extremely important even though they give rise to enormous paperwork and a child may have to be kept in the institutions for the first few months of his/her life.
I. Periodic Review of Placement
Article
25
411. An array of welfare services aimed at providing institutional care is available today in India. State governments and various NGOs are currently involved in these institutions, which include:
412. In order to ensure effective dissemination of facilities in institutions set up for providing alternative care to children deprived of the comforts of family life, provisions have been made to establish various supervisory bodies. The judiciary also plays an active role in ensuring the quality of care provided in these homes by bringing to the notice of the concerned authorities, any lapse in the services provided. For example, in the case of Sheela Barse vs Secretary, Children’s Aid Society, the Supreme Court ordered that children should not be made to stay for too long in the homes. Moreover, the National Human Rights Commission (NHRC) has directed all State Governments to inform the Commission of any instance of inmates running away from various juvenile and custodial homes, within 24 hours of the occurrence.
Children in conflict with the law
413. The Juvenile Justice (Care and Protection
of Children) Act 2000 replaces the existing Juvenile Justice Act 1986. This law
has
a child friendly approach and provides for care, protection, treatment,
development and rehabilitation of neglected or delinquent
juveniles and for the
adjudication of certain matters relating to delinquent juveniles. These
children, though a separate category,
are also covered by the juvenile justice
system. Under the JJA the authorities competent to take action in these cases
are the juvenile
courts. Section 5 of the JJA, empowers the State Government to
constitute Juvenile Courts for any specified area by notification
in an official
gazette. Every juvenile court consists of a Metropolitan Magistrate or Judicial
Magistrate of the First Class. The
juvenile court is assisted by two honorary
social workers in exercising its powers and discharging its duties.
414. The
State Governments can nominate visitors as per Section 54 of JJA, to visit each
of the homes established under this Act.
The visitor nominated for a home is
supposed to visit the homes and make a report to the State Government. For the
purpose of supervision,
the State Government (section 53 of JJA) may
constitute an advisory board to advise it on matters related to the
establishment and
maintenance of homes, mobilisation of resources,
provision of facilities for education, training and rehabilitation of neglected
(abandoned) juveniles
and delinquent (in conflict with the law) juveniles and
coordination among the various official and non-official agencies
concerned. The issue has been dealt with in detail under the Article
on Administration of Juvenile Justice.
415. The Central Adoption Resource Agency (CARA) under the Government has been set up to monitor the adoption agencies. Further, the Central Voluntary Adoption Resource Agency (CVARA) has been established in every state to monitor the functioning of institutions keeping children under their care. CVARA checks whether all the institutions dealing with children are maintaining the minimum standards of care and providing all the facilities and services required. CVARA inspects the agencies from time to time and gives suggestions if any changes are required. CVARA has to ensure that all children get individual care and attention according to their needs.
416. The Persons and
Disabilities (Equal Opportunities Protection of Rights and Full Participation)
Act, 1995, is a comprehensive
law dealing with definition of various
disabilities, prevention, early identification, implementation, mechanisms,
education, employment,
affirmative action, non-discrimination, care of the
severely disabled, recognition of institutions offering services to the
disabled,
access to built environment, transportation and information. For
effective implementation of the specifications laid down in the
Act,
coordination committees are proposed to be set-up at the Central and State
levels. While the majority of the members are proposed
to be officials, it has
been provided that five persons representing NGOs or associations concerned with
disabilities will be members
of these committees.22
Box 5.9: Little bride – Amina Begum
The case of Amina, a 10-year-old Indian child bride married with parental
consent to an Arab man, was detected by an alert airhostess
on a flight out of
India. The child seemed to be upset and crying, and the airhostess was able to
attract the attention of the authorities
so that the man was arrested and
prevented from leaving the country. The case attracted a great deal of media
attention in India
and abroad. The prosecution that has been initiated against
the man has also brought non-governmental organizations into the scene.
|
Source: Children, Law and Justice: A South Asian Perspective, Savitri Goonesekere page 279
J. Abuse and Neglect
Article 19
Including Physical and
Psychological Recovery and Social Reintegration
Article
39
417. Child abuse is an extremely complex phenomenon, which has only recently started receiving the attention that it deserves. Child sexual abuse is the physical or mental violation of a child, coupled with sexual intent, usually by an older person who is in some position of trust or powers vis-à-vis the child. Even though men and women can sexually abuse a child, most abusers are male. Because of the more powerful position held by males in society, one generally refers to rape of females rather than of males. Sex abuse in children is not easily accepted in society, but another form of abuse is hardly objected. Corporal punishment is meted in schools in the name of discipline. Other practices include the sale of girls to foreign “buyers”, including much older and affluent bridegrooms.
418. Implementation of laws, in the existing framework, contemplate a parent, person or organisation acting on behalf of the child victim and making a complaint to the court, police, social welfare, probation or child-care authorities. Many NGOs , particularly women’s organisations and concerned activists, have been catalysts in the community response to child abuse. These are all cases in which an individual child obtains access to justice because of the community interest. However, they can have a wider significance when they generate interest and concern with the law reform process. NGOs, have been lobbying for changes in laws to address the problem of child prostitution, and represent the public pressure to initiate new laws and policies.
Box 5.10: Separate legislation on child abuse
planned
The Government is contemplating the introduction of a separate legislation
on child rape and sexual abuse, which accounts for 27 per
cent of the total
cases of rape reported in the country. “It is time we think of a separate
and specialised legislation for
the new methodology of trial and proof for the
offence of child rape”, stated the Law Minister, while inaugurating a
‘Sensitisation
Workshop on Child Rape and Child Sexual Abuse’ in
December 2000. Rape, by itself is one of the most obnoxious crimes but child
rape is perhaps the most offensive, requiring special treatment. Unfortunately,
the existing rape laws make no distinction between
the rape of a minor and that
of an adult.
The two-day workshop, jointly organised by the National Human Rights
Commission (NHRC) and Angaja Foundation, an NGO working for the
rights of the
children, was held in December 2000 in New Delhi. The workshop stressed on the
need to review the very definition of
rape as for the purpose of Section 375 of
the Indian Penal Code, the definition of rape applies equally to an adult and a
minor.
According to latest figures compiled by the National Crime Records Bureau,
the cases of child rape account for 27 per cent of the
total cases of rape
reported in the country. While Madhya Pradesh tops the list of reported cases of
child rape with 806 in 1998,
Delhi figures at the fifth place with 239
cases.
|
Source: The Times of India Online, 15 December, 2000
419. The
involvement of the community and concerned individuals is thus crucial for
improved law enforcement, the imposition of sanctions
on offenders and efforts
to strengthen legal controls. It is the absence of this kind of an initiative
that often prevents a response
from either law enforcement authorities or the
legislature to grave exploitation and violence against children in domestic
service,
child prostitution, pornography, trafficking of child brides or
trafficking of children for camel racing to Gulf countries.
420. Child
sexual abuse within the family is a deeply disturbing issue, one which the
family guards as a secret while others do not
want to admit that it even
exists.
421. The 1996 survey on child sexual abuse,23
considered a landmark is conducted by Samvada in Bangalore among 348 girl
students from 11 schools and colleges, threw up startling data. Conducted
scientifically, the study found
that:
422. Rahi,24 an NGO of Delhi conducted a survey specifically addressing non-lower-class women. This survey was conducted among 600 English-speaking middle and upper class women in Delhi, Mumbai, Calcutta, Goa and Chennai between the ages of 15 and 66.
423. In most cases, the abuser was a part of the victims’ everyday life—a father, brother or male cousin, uncle, male family friend, male neighbour/servant.
Legislation
423. The Indian Penal Code has laid down provisions for action against child abuse such as rape, molestation and prostitution. The GOI has adopted appropriate legislative, administrative, social and educational measures to protect children from all forms of physical and mental violence, injury, neglect, maltreatment, exploitation and abuse. The Government has also enacted a number of legislation measures such as:
425. The Juvenile Justice
(Care and Protection of Children) Act, 2000, lays down a uniform legal framework
for the country as whole
to deal with the problem of social maladjustment. It
has replaced all the corresponding laws on the subject and other State Laws
and
is the most comprehensive piece of legislation for protection of children.
426. The act Incorporates into its fold not only some of the major
provisions and clauses of the Indian Constitution and National Policy Resolution
for Children but also universally agreed principles and standards for the
protection of juveniles
such as the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice and the CRC, as explicitly stated in
the
Act itself. For more details of this Act, see section on the Administration of
Juvenile Justice.
Corporal punishment
427. Corporal
punishment in families is usually not reported, as the family in India is an
intensely private institution.
428. The Department of Education has directed
the States not to enact such legislation which goes against the International
Treaties/Conventions
to which India is a signatory, specifically citing the CRC.
The National Policy on Education (NPE), 1986, explicitly mentions that
any form
of corporal punishment should be firmly excluded from the education system. The
Department has issued directions to State
Governments to consider the issue in
all earnest and take appropriate action to prevent corporal punishment and to
take action against
guilty teachers and schools. The Department of Education is
also in the process of:
(a) Launching awareness campaigns to sensitise and dissuade teachers and parents from inflicting such forms of punishment on children;
(b) Examining the possibilities of providing a clause through legislation for imposing a ban on corporal punishment.429. The GOI, through various circulars issued under the Juvenile Justice Act, 1986, tries to ensure that a child’s rights are protected in juvenile correctional institutions. Also the staff of care institutions is being sensitized to the survival, protection, development and participation rights of the children. A child with the help of the guardian, can report abuse to the police. The victim can also file a complaint to NHRC, NCW and other relevant authorities/Commissions.
Childline Service
430. This service has been initiated by the Government to help children who are suffering from neglect, abuse and exploitation. The Childline Service is a 24-hour free phone service for children in distress which can be accessed by a child in difficulty, or an adult on his/her behalf by dialing 1098. The service which was started in Mumbai is now available in 25 cities, namely, Ahmedabad, Alwar, Baroda, Bhopal, Bhubaneshwar, Kolkata, Chennai, Cochin, Coimbatore, Delhi, Goa, Guwahati, Hyderabad, Indore, Kutch, Jaipur, Lucknow, Mumbai, Nagpur, Patna, Pune, Thiruvananthapuram, Varanasi, Vijayawada, Vishakapatnam. It aims to cover 30 cities by the end of Ninth Five-Year Plan. The basic objective of the Childline Service is to respond to children in emergency situations and refer them to relevant governmental and non-governmental organizations. The service is being standardised to meet common norms and objects. Childline India Foundation has been established as an umbrella organization to identify, provide support services and monitor efficient service delivery of the centres at various locations. It serves as a link between the Ministry and the NGOs in the field. It is now essential to monitor the effectiveness of this facility and assess the quality of follow-up actions and support provided to children through this service.
SECTION VI
BASIC HEALTH AND WELFARE
(Arts. 6, 18, para. 3, 23, 24, 26, 27 paras. 1-3)
A. Health and Health Services
Article 24
431. The
right of the child to survival and to health has emerged both as an aim and a
measure of progress, for children. Child survival
is perhaps the most basic
fundamental right and yet, like child health, it depends not only on Government
programmes and schemes,
but on a large number of factors such as the condition
of the mother, the care that the young child receives and the ability of the
family to access health services either from the Government or private
centres.
432. Health is a major concern of the Government, which has an
extensive and wide array of initiatives and schemes for ensuring child
survival
and health. The Ninth Five-Year Plan (19972002) focuses on providing integrated
preventive, promotive, curative and rehabilitative
services in primary,
secondary and tertiary health care institutions, with appropriate referral
linkages. It recognises the special
health needs of the girl child and the
importance of enhancing easy access to primary health care.1
Nonetheless, as the section will indicate, a substantial portion of the health
system in India lies outside the Government sector.
There are also very wide
variations in the success of programmes throughout the country, and a gender
bias against the girl child
and the woman exists in most places. From an
analysis of available data, it is abundantly clear that while the provision of
health
services for the entire population is the first imperative, the
empowerment of women is essential if these services are to be successfully
accessed for children.
433. The promotion of child
survival and health has been one of the most important objectives of the
Government, and steps to strengthen
child health services were taken as early as
the First Five-Year Plan (1951–1956). A number of programmes, such as the
Maternal
and Child Health (MCH)/Family Welfare Programmes and the Child Survival
and Safe Motherhood (CSSM) programme were implemented from
this period onwards.
Recognizing that the top-down target approach being followed until then to
achieve health goals did not reflect
user needs and preferences, the Government
took a bold step to make health programmes more client-oriented, with an
emphasis on the
quality of services and care. This brought about a paradigm
shift in the health policies, which is reflected in the Reproductive
and Child
Health Programme (RCH), launched in 1996. This new programme integrates all
family welfare, women and child health services
with the explicit objective of
providing beneficiaries with “need-based, client-centred, demand-driven,
high quality integrated
RCH services”. The strategy for the RCH programme
shifts the policy emphasis from achieving demographic targets to meeting
the
health needs of women and children.
434. Infant and child mortality rates
reflect a country’s level of socio-economic development and quality of
life, and are used
for monitoring and evaluating health programmes and policies.
It is a matter of some satisfaction that the infant mortality rate
(IMR;
viz., the probability of dying before the first birthday) has declined from 80
to 70 per 1000 live births over the period 19912000
and 20 of India’s
states/UTs have achieved the goal of IMR of 60 by the year 2000 according to the
Indian Report on the World
Summit for Children. Similarly, the child mortality
rate (CMR; viz., the probability of dying between the first and fifth birthday)
has declined from 33.4 per 1000 live births in 1991 to 29.3 in 1998. Even
neo-natal and post-natal mortality (viz., the probability
of dying in the first
month of life, and after the first month of life but before the first birthday,
respectively) declined by 25
per cent and 33 per cent respectively in urban
areas. In fact, IMR/CMR have declined steadily in both rural and urban
areas of India.
Improved access to health care and to safe drinking water, and
the steady expansion of the Integrated Child Development Services
(ICDS) have
been the primary reasons for these improvements. However, wide regional
variations in IMR (13 in Kerala and 97 in Orissa)
and maternal mortality rate
(MMR) (79 in Tamil Nadu and 707 in Uttar Pradesh) call for State-specific
strategies and interventions.
Figure 6.1: Evaluation of health programme and policies
435. The vaccination of children against six serious but preventable
diseases—diptheria, pertussis, polio, measles, tetanus
and
typhoid—has been a cornerstone of the child care system in India. The
Universal Immunisation Programme (UIP) was launched
in 1985–86
specifically for this purpose. In 1998–99, 42 per cent of children, aged
12–23 months, were fully vaccinated
(as against 36 per cent in 1992),
44 per cent received some form of immunisation, while 14 per cent were not
reached (as against
30 per cent in 1992). Coverage for individual vaccination is
much higher than the percentage of fully vaccinated. BCG, first dose
of DPT and
first and second doses of polio vaccine have each been received by 71 per cent
children. Fifty-five per cent children
received three doses of DPT and 63 per
cent received three doses of the polio vaccine. Measles vaccine has been
received by 51 per
cent children.
436. India has achieved considerable
success in its campaign to eradicate polio. Launched in 1996, the Pulse Polio
Immunisation (PPI)
programme has adopted a novel strategy by identifying
National Immunisation Days (NID) in December and January every year, and by
involving partners from the community in a mass communication initiative. These
efforts led to a sharp decline in recorded wild-virus
polio cases from 2,276 in
1997 to 265 in 2000. Focused efforts are being made to a address this problem in
U.P. and Bihar, which
have recorded 35 per cent of the global cases of polio as
of end-December 2000.
437. Acute respiratory infections (ARI) are the leading
cause of child mortality in India, accounting for about 30 per cent of all
the
under-five deaths. Under the ARI Control Programme, health workers have been
imparted training in ARI management, and co-trimoxazole
is distributed through
all health outlets. It is estimated that two thirds of children with symptoms of
ARI are taken to a health
facility. Diarrhoea is the second most important cause
of death, accounting for about 20 per cent of all under-five deaths. The
Government has launched the Oral Rehydration Therapy (ORT) programme to prevent
deaths due to dehydration. In 1998, 62 per cent of
mothers knew about oral
rehydration salts (ORS) packets, an increase from 43 per cent
in 1990.
438. In rural areas, the Government delivers reproductive and
other health services through a network of Primary Health Centres (PHC),
sub-centres (SC), and other Government facilities. In addition, services can be
obtained from private maternity homes, hospitals
and private practitioners. In
urban areas, health services are available mainly through Government or
municipal hospitals, private
nursing and maternity homes. The number of PHCs
rose from 18,671 in 1990 to 22,975 in 1999; the number of
sub-centres increased from
130,336 in 1990 to 137,271 in 1999, and the
number of Community Health Centres (CHCs) increased from 1910 to 2935 during the
period.
439. The first case of acquired immuno deficiency syndrome (AIDS),
caused by the human immuno deficiency virus (HIV), was detected
in India in
1986. Since then, HIV prevalence has been reported in all states. Data from
sentinel surveillance sites shows that over
the years, HIV infection has
increased sharply among commercial sex workers. It is rapidly progressing among
STD clinic attenders,
and is steadily spreading among the low-risk population.
The Government of India (GOI) launched a National AIDS Control (NAC) programme
in 1987, which focused on increasing awareness of HIV/AIDS, screening of blood
for HIV and testing of individuals practising risk
behaviour. During the Eighth
Five-Year Plan (1992–1997), the National AIDS Control Organisation (NACO)
was established under
the Ministry of Health and Family Welfare to implement the
programme, which consists of five components: strengthening of management
capacity for prevention and control of HIV/AIDS; improving public awareness
through an information education communication (IEC)
programme; improving blood
safety and rational use of blood; building surveillance and clinical management
capacity; and controlling
STDs. Mass media campaigns and interpersonal
communications through non-governmental organizations (NGOs) have also been
undertaken
to raise awareness in the general population about HIV/STD. The
National Family Health Survey–II (NFHS-II) data indicates that
the
Government’s efforts to promote AIDS awareness through the electronic
media has achieved some success. However, NHFS–II
reveals that 60 per cent
of women have not heard of AIDS, and amongst those women who have heard of it,
one-third do not know of
any way to avoid infection. Awareness of AIDS is
particularly low among women who are not regularly exposed to the media, women
from
Scheduled Tribes, illiterate women, women in households with a low standard
of living, and rural women. Consciousness regarding the
reproductive rights of
women and the impact of HIV, especially among women belonging to marginalized
groups are emerging challenges
requiring attention from policy
planners.
440. The Government is committed to providing safe drinking water
and sanitation facilities to every village to achieve the goal of
“Health
for All”. The Ninth Plan strategies seek to attain universal coverage of
drinking water through different programmes.
The increase in access to safe
water has been substantial in the last few years. The Multi-Indicator Cluster
Survey (MICS) 2000,
indicates that almost all households (99.1 per cent)
have access to a source of drinking water within 1,600 metres. Safe drinking
water is available to 83 per cent households, and 42 per cent households have a
source of drinking water within their premises. Incidentally,
lack of sanitation
contributes significantly to diseases. Access to proper sanitation increased in
this decade and more than one
third of households (36.5 per cent) use toilet
facilities (MICS2000). Among the users, 72 per cent have the facility within
their
premises. The Government plans to adopt a demand-driven low-cost
sanitation approach in preference to a supply-driven approach. A
network of
production centres and sanitary marts would be integral components of the new
self-sustainable sanitation programmes.
441. The proportion of underweight
children decreased from 52 per cent in 1992–93 to 47 per cent in
1998–99 (NFHS-II).
Similarly, the percentage of babies born with low birth
weight (LBW) fell from 30 per cent in 1992-93 to 22 per cent in 1998-99
(NFHS-II).
However, the three indices of nutritional status—weight for
age, height for age and weight for height—still indicate
a high prevalence
of malnutrition among children under three years of age. Almost half the
children under three years of age (47
per cent) are underweight, and a similar
proportion (46 per cent) are stunted or short for their age. The proportion of
children
who are severely undernourished is 18 per cent in the case of weight
for age and 23 per cent in the case of height for age. About
16 per cent
children are wasted or too thin for their height. The rate of malnutrition is
decreasing at only 0.8 per cent per year.
Malnutrition is much higher in rural
than urban areas and in children from disadvantaged groups. The urban data
presented are not
disaggregated to indicate malnutrition level in the urban
poor. Micro-nutrient deficiencies in the population persist, despite the
fact
that there has been a gradual reduction in the prevalence of goitre.
Bitot’s spot and anaemia among women.2
442. The
current position and the position in 1990 regarding major indicators on health
are given in table 6.1.
Thus,
Table 6.1: Major indicators on health
|
||
Indicator
|
1990
|
2000
|
Infant mortality rate
|
80
|
70
|
Under-five mortality rate
|
109.3
|
94.9
|
Maternal mortality rate
|
437
|
540
|
Underweight Prevalence
Proportion of under-fives who fall below minus 2 and below minus 3
standard deviations from median weight for age of NCHS/WHO reference
population
|
53.4%/20.6%
|
47.0%/18.0%
|
Use of safe drinking water
|
68.2%
|
77.9%
|
Use of sanitary means of excreta disposal
|
30%
|
36%
|
Antenatal care
|
62.3%
|
65.1%
|
Childbirth care
|
34.2%
|
41.7%
|
Birth weight below 2.5 kg.
|
30.0%
|
22.7%
|
Children receiving vitamin A supplements
|
Not available
|
27%
|
Exclusive breastfeeding rate
|
51.0%
|
55.2%
|
Polio cases
|
10,408
|
255
|
Neonatal tetanus cases
|
9,357
|
4,488
|
Measles cases
|
89,612
|
38,950
|
DPT immunisation coverage
|
51.7%
|
46.4%
|
Measles immunisation coverage
|
42.2%
|
50.2%
|
Tuberculosis immunisation coverage
|
62.2%
|
67.5%
|
Children protected against neonatal tetanus
|
60.9%
|
60.2%
|
Source: India Report on Follow-up to the World Summit for Children, 2000,
Department of
Women and Child Development, Ministry of Human Resource
Development, GOI
443. Health services for children are provided through a network of sub-centres (SCs), Public Health Centres (PHCs) and Community Health Centres (CHCs). In addition, facilities for children are provided through Post-partum Centres, District Hospitals and Rural and Urban Family Welfare Centres3. Details of rural primary health care infrastructure and manpower available are given in table 6.2. In addition to this, there are more than 15,000 hospitals and almost 30,000 dispensaries throughout the country.4
444 Around one million individuals are engaged in the private practice of various systems of medicines, throughout the villages of India, as well as in almost every urban bazaar and marketplace. Private health practitioners come from a wide range of backgrounds, most with no
Table 6.2: Rural primary health care infrastructure and
manpower
|
|||
Category of centre
|
Requirement for 1991
|
Functioning as on 30.6.99
|
Gap/(Surplus)
|
Sub-centre (SC)
|
134,108
|
137,271
|
(3163)
|
PHCs
|
22,349
|
22,975
|
(626)
|
CHCs
|
5587
|
2935
|
2652
|
ANMs at SC
|
134,108
|
134,086
|
22
|
Doctors at PHCs
|
22,349
|
25,506
|
(3158)
|
Specialist at CHCs
|
22,348
|
3741
|
18,724
|
Source: Annual Plan, 2000-01, Planning Commission, GOI.
formal
training, having learned as apprentices or keen observers of other older
healers. Some have been trained in traditional Indian
systems of medicine, but a
majority of them (not to be confused with trained allopathic medical
practitioners) use modern allopathic
medicines as they are perceived to provide
quick relief. These practitioners earn their living largely by selling the
medicine they
prescribe to their clients, adding a small mark-up to the price
they have paid to drugsellers in the nearby towns and cities. Conveniently
located in most villages or small towns, they are culturally accepted. As a
self-financing and ubiquitous part of the health care
system of India today,
they need to be brought more fully into the system, through training and regular
contact to improve the quality
of care they provide, and to assure that they
recognize conditions requiring referral and treatment beyond their own capacity.
The
lack of recognition and acceptance of the private health practitioners by
the public health system is a major challenge to the health
care system in
India, for shaping the health of its people in the years
ahead.5
445. The modernization of the traditional system
began with the establishment of medical training colleges for these systems.
This
led to the emergence of three Medical Councils, one each for modern
medicine, for the Indian system of medicine (ISM) (Ayurveda, Unani and
Siddha), and for Homoeopathy. It is estimated that up to three fifths of
doctors registered in India, belong to the traditional systems
of medicine.
Although practitioners of traditional systems also practice modern medicine, the
Supreme Court of India has ruled that
such cross-medical practice is in
violation of Medical Council laws and that it amounts to medical negligence.
Village level micro-studies
show that the majority of the rural population use
the facilities available under the non-modern system of health care. These are
not captured in the household level health surveys conducted at the national and
district levels.
446. As per census data of 1991, allopathic doctors
predominantly serve urban areas and doctors from the other systems are largely
prevalent in the rural areas. Roughly, there is one urban doctor for 387 urban
persons, which is comparable to developed countries.
However, there is one
doctor for 1611 persons in rural areas.
447. The term Indian systems of medicine covers the systems which originated in India as well as those which originated outside, but were adopted by India in course of time. These systems are Ayurveda, Siddha, Unani, Yoga and naturopathy. Homoeopathy originated in Germany and is holistic in its approach. The Indian systems of medicine, although prevalent in the country since the earliest times, is becoming increasingly popular in recent times. The stress and tensions of modern life are encouraging people to look for cures other than that provided under the allopathic system. Some success stories of theses alternative systems are frequently heard of.6
448. The indicators given in table 6.1 are the national averages. However, it is important to bear in mind that there are tremendous variations in the pace of progress and the actual status of development in India’s states and Union Territories (UTs). In so far as social indicators are concerned, it has been established that some States and UTs perform very well on all indicators, while the performance of many chronically backward States needs improvement. However, a few States, viz., Bihar, Madhya Pradesh, Rajasthan, Uttar Pradesh and Orissa, have contributed to depressing the national averages. Table 6.3 gives an indication of some of the variations in India pertaining to population, Total Fertility Rate, Birth Rate, and date at which replacement level is likely to be reached.
Table 6.3: Variations pertaining to population, total
fertility rate, birth rate,
and date at which likely to reach replacement level |
|||||
State/Uts
|
Population@ (millions)
|
Per cent of total population
|
Total fertility rate#
|
Birth rate$
|
Date at which likely to reach replacement level
(TFR=2.1)
|
Andhra Pradesh
|
75,728
|
7.5
|
2.5
|
21.7
|
2002
|
Arunachal Pradesh
|
1091
|
0.01
|
2.8
|
22.3
|
*
|
Assam
|
26,638
|
2.6
|
3.2
|
27.0
|
2015
|
Bihar
|
82,879
|
9.9
|
4.4
|
30.4
|
2039
|
Chhatisgarh
|
20,796
|
*
|
*
|
*
|
*
|
Goa
|
1344
|
0.15
|
1.5
|
14.3
|
*
|
Gujarat
|
50,597
|
4.8
|
3.0
|
25.4
|
2014
|
Haryana
|
21,083
|
1.9
|
3.4
|
26.8
|
2025
|
Himachal Pradesh
|
6077
|
0.67
|
2.5
|
23.8
|
*
|
Jammu & Kashmir
|
10,070
|
0.99
|
*
|
*
|
*
|
Jharkhand
|
26,909
|
*
|
*
|
*
|
*
|
Karnataka
|
52,734
|
5.2
|
2.5
|
22.3
|
2009
|
Kerala
|
31,839
|
3.2
|
1.8
|
18.0
|
Achieved in 1988
|
Madhya Pradesh
|
60,385
|
7.9
|
4.0
|
30.7
|
Beyond 2060
|
Maharashtra
|
96,752
|
9.1
|
2.7
|
21.1
|
2008
|
Manipur
|
2389
|
0.25
|
2.4
|
18.6
|
*
|
Meghalaya
|
2306
|
0.24
|
4.0
|
28.7
|
*
|
Mizoram
|
891
|
0.09
|
NA
|
17.0
|
*
|
Nagaland
|
1989
|
0.16
|
1.5
|
*
|
*
|
Orissa
|
36,707
|
3.5
|
3.0
|
24.1
|
2010
|
Punjab
|
24,289
|
2.3
|
2.8
|
21.5
|
2019
|
Rajasthan
|
56,473
|
5.3
|
4.2
|
31.1
|
2048
|
Tamil Nadu
|
62,111
|
6.1
|
2.0
|
19.3
|
Achieved in 1993
|
Tripura
|
3191
|
0.37
|
2.1
|
17.0
|
*
|
Uttar Pradesh
|
166,053
|
17.0
|
4.9
|
32.1
|
Beyond 2100
|
Uttaranchal
|
8480
|
*
|
*
|
*
|
*
|
West Bengal
|
80,221
|
7.9
|
2.6
|
20.7
|
2009
|
Andaman & Nicobar Islands
|
356
|
0.03
|
1.9
|
18.1
|
*
|
Chandigarh
|
901
|
0.08
|
2.1
|
17.9
|
*
|
Dadra & Nagar Haveli
|
220
|
0.01
|
3.5
|
32.4
|
*
|
Daman & Diu
|
158
|
0.01
|
2.5
|
26.9
|
*
|
Delhi
|
13,783
|
13.9
|
1.6
|
19.4
|
*
|
Lakshadweep
|
61
|
0.007
|
2.8
|
25.1
|
*
|
Pondicherry
|
974
|
0.11
|
1.8
|
17.7
|
*
|
Sikkim
|
540
|
0.05
|
2.5
|
21.6
|
*
|
India
|
1,027,015
|
——
|
3.3
|
26.1
|
2026
|
Source: @ Provisional Population Totals, Census 2001
$ 1999-SRSBulletin, Volume 34 No 2, October, 2000
# Registrar General of India
** For smaller states/UTs, TFRs are for the period 1995-97.
Table 6.4: Variations in Infant Mortality Rate,
Maternal Mortality Rate,
life expectancy at birth, sex ratio and death rate |
|||||
State/UTs
|
IMR$
|
MMR$
|
Life expectancy at birth
|
Sex ratio$$
|
Death rate$
|
Andhra Pradesh
|
66
|
159
|
61.55
|
978
|
8.2
|
Arunachal Pradesh
|
43
|
*
|
*
|
901
|
6.0
|
Assam
|
76
|
409
|
57.34
|
932
|
9.7
|
Bihar
|
66
|
452
|
63.55
|
921
|
9.1
|
Chhatisgarh
|
*
|
*
|
*
|
990
|
*
|
Goa
|
21
|
*
|
*
|
960
|
7.2
|
Gujarat
|
63
|
28
|
61.53
|
921
|
7.9
|
Haryana
|
68
|
103
|
63.87
|
861
|
7.7
|
Himachal Pradesh
|
62
|
*
|
*
|
970
|
7.3
|
Jammu & Kashmir
|
*
|
*
|
*
|
900
|
*
|
Jharkhand
|
*
|
*
|
*
|
941
|
*
|
Karnataka
|
58
|
195
|
61.73
|
964
|
7.7
|
Kerala
|
14
|
198
|
70.69
|
1058
|
6.4
|
Madhya Pradesh
|
91
|
498
|
56.83
|
920
|
10.6
|
Maharashtra
|
48
|
135
|
65.31
|
922
|
7.5
|
Manipur
|
25
|
*
|
*
|
978
|
5.4
|
Meghalaya
|
56
|
*
|
*
|
975
|
9.1
|
Mizoram
|
19
|
*
|
*
|
938
|
5.5
|
Nagaland
|
*
|
*
|
*
|
909
|
*
|
Orissa
|
97
|
367
|
58.52
|
972
|
10.6
|
Punjab
|
53
|
199
|
68.39
|
874
|
7.4
|
Rajasthan
|
81
|
670
|
60.32
|
922
|
8.4
|
Sikkim
|
49
|
*
|
*
|
875
|
5.8
|
Tamil Nadu
|
52
|
79
|
65.21
|
986
|
8.0
|
Tripura
|
42
|
*
|
*
|
950
|
5.7
|
Uttar Pradesh
|
84
|
707
|
61.20
|
898
|
10.5
|
Uttaranchal
|
*
|
*
|
*
|
964
|
*
|
West Bengal
|
52
|
266
|
64.50
|
934
|
7.1
|
Andaman & Nicobar Islands
|
25
|
*
|
*
|
846
|
5.5
|
Chandigarh
|
28
|
*
|
*
|
773
|
3.9
|
Dadra & Nagar Haveli
|
56
|
*
|
*
|
811
|
5.9
|
Daman & Diu
|
35
|
*
|
*
|
709
|
7.1
|
Delhi
|
31
|
*
|
*
|
821
|
4.8
|
Lakshadweep
|
32
|
*
|
*
|
947
|
4.7
|
Pondicherry
|
22
|
*
|
*
|
1001
|
6.9
|
India
|
70
|
407
|
62.30
(Pooled) 62.36
|
933
|
8.7
|
*Data Not Available
Source: $ 1999-SRS Bulletin, Volume 34 No 2, October, 2000
$$ Provisional Population Totals, Census 2001
Figure 6.2: Sex ratio 2001
Quality of services
452. The mere availability of health centres
does not always lead to better utilization, as is evident from a Planning
Commission
evaluation study on the functioning of CHCs. The most important
finding of the study is that utilization of health centres is influenced
by the
ability to deliver the complete package of services. Poor maintenance and
consequent deterioration of buildings and equipment,
staff vacancies, as well as
poor supply and logistics have been major factors responsible for sub-optimal
functioning of the existing
health care institutions. According to the Ninth
Plan approach paper, this sub-optimal functioning is responsible for the
non-availability
of health services rather than lack of availability of health
centres. Inappropriate location, poor access, lack of maintenance,
lack of
professional and para-professional staff at critical posts, lack of funds for
essential drugs, etc., have been mentioned
as reasons for the poor functioning
of primary health care institutions.
453. NFHS-II survey has revealed that
most households in India (65 per cent) go to private hospitals/clinics or
doctors for treatment
when a family member is ill. Only 29 per cent normally use
the public medical sector. Even among poor households, only 34 per cent
normally
use the public medical sector when members become ill. Most respondents are
generally satisfied with the health care they
receive. Ratings on quality of
services are, however, lower for public sector facilities both in rural and
urban areas than for private
sector/NGO/trust facilities. Reliance on the
private medical sector is higher in urban areas than in rural areas. Private
sector
facilities are also perceived to be cleaner than public sector
facilities. Seventy-five per cent of women who visited a private sector
facility
said that it was very clean compared with 52 per cent of women who visited a
public sector facility.
454. A disturbing finding that persists in most
paediatric units of hospitals throughout the country, is the excess number of
boys
in comparison to girls seeking medical care. Many parents seek modern
health care for their boys earlier than for their girls, resulting
in a
decreased survival rate of the girl child. This cause of ill health is clearly
social and must be addressed.
455. Privatization is increasingly being seen
as a solution for improving the quality of health services, particularly at the
village
level. The Prime Minister has called upon private companies in India,
both local and foreign, to adopt health facilities. It is under
consideration
that companies adopting health centres, would be exempted from income-tax and
corporate-tax levies.
456. The initiatives started by the Government through successive Five-Year Plans and ongoing programmes like the MCH and CSSM, were integrated in 1997, into a holistic approach embodied in the Reproductive and Child Health (RCH) programme, which aims at:
457. The Community Needs Assessment Approach (CNAA), being implemented by the Ministry of Family Welfare, promotes decentralised, need-based and participatory planning, as well as the delivery of essential reproductive health services. The CNAA involves consultation between community leaders—particularly women leaders—during planning, implementation and monitoring. This is intended to promote community ownership, increase utilization, build accountability and improve sustainability. Decentralized participatory planning implies a close association of the community with village acceptor groups, retired but experienced and knowledgeable persons like schoolteachers and defence personnel, Mahila Swasthyas Sangh (women’s health groups) and many other categories to determine a demand-driven family and health care plan.7
Integrated Child Development Services (ICDS)
458. The
ICDS, started in 1975, seeks to empower communities for the care and development
of their children and women. Today, ICDS
represents one of the world’s
largest and most unique programmes for early childhood development—an
initiative unparalleled
in history. ICDS is the foremost symbol of India’s
commitment to her children—India’s response to the challenge
of
breaking the vicious cycle of malnutrition, morbidity, reduced learning capacity
and mortality.
459. The programme provides an integrated approach for
converging basic services for improved child care, early stimulation and
learning, health and nutrition, water and sanitation—targeting
young
children, expectant and nursing mothers and women and adolescent girl groups.
They are reached through nearly 500,000 trained
community based anganwadi
workers (AWWs) and an equal number of helpers, supportive community
structures/women’s groups through anganwadi centres (AWCs), the
health system and in the community.
Box 6.1: The potential for improving child survival in
India
Kerala has achieved remarkable success in lowering its fertility and IMR.
As against a national crude birth rate of 26.1 in 1999 and
an IMR of 70, Kerala
reported a crude birth rate of 18 and IMR of 14. Tamil Nadu and Goa, too, have
been able to bring about impressive
reductions in fertility rates and infant
mortality in recent times. These examples show the potential that exists within
the country
to reduce fertility and child mortality. The implications of such
improvements are significant. Should all of India reach Kerala’s
fertility
and infant mortality levels, then there would be 10.2 million fewer births every
year, and 1.8 million fewer infant deaths.
This would not only reduce
dramatically the stress on the health care system, but would also greatly
relieve families, and mothers
in particular, of the enormous physical and
emotional stress that accompanies child bearing and child death.
Kerala has been the focus of development studies for years, trying to
understand how a State in the lower quartile of per capita income
could achieve
such low levels of fertility and IMR. The answer lies in a multiplicity of
features—the importance of any individual
one is hard to measure. Surely,
female literacy and the extremely high rate of school attendance are critical.
Added to this is the
decentralised nature of the health services, with a health
facility within walking distance of almost every home. A politically active
community has traditionally demanded good service from Government functionaries
at all levels, be it in schools, health centres,
or Government
offices—this is in considerable contrast to other parts of the country.
Population density and the ease of communication
may also contribute to the
delivery and availability of social services. While some cite religious and
cultural precedents—such
as the high proportion of Christians (25 per
cent) and missionary activities in the past and the matrilineal practices of the
Nair
community, which gave women a far higher value in the family than
elsewhere, the incorporation of the Malabar coast, with its predominant
Muslim
communities into Kerala only 40 years ago raises some questions. In a few
decades, this highly uneducated and relatively less
healthy community has come
up to the norms of Kerala, achieving good health, low fertility, high levels of
education and extensive
participation of women, even in the most predominantly
Muslim district of the country, in Mallappuram. Surely a combination of
education,
improvements in the reach, efficiency and utilisation of health
services, and a politically conscious and active community can transform
Indian
society in a relatively short period.
|
Source: Rights and Opportunities, The Situation of Children and Women in India, UNICEF, India, 1998
461. Recently, the concept of community-based nutrition surveillance has been introduced through ICDS. A community growth chart for monitoring nutritional status is maintained at each anganwadi—the focal point for providing services to beneficiaries. The community growth chart surveillance exercise mobilises community support in promoting and enabling better child care practices by contributing local resources and in improving service delivery and utilisation. A special intervention for adolescent girls was introduced in ICDS during 1991–92 to meet needs of self-development, nutrition and health education, literacy, recreation and skill formation. The scheme implemented in 507 ICDS blocks, and attempts to improve the malnutrition and health status of girls in the 11–18 years age groups. There is persistent demand from States on the urgent need to provide ICDS cover to adolescent girls in all its projects. In 2000-2001 a nation wide unique intervention aimed at empowerment of adolescent girls has been launched in 2000 blocks, called the Kishori Shakti Yojana; the scheme is expected to benefit 12.8 lakh adolescent girls.
462. The major causes of neo-natal mortality are sepsis (bacterial infections), birth asphyxia and prematurity. These are responsible for almost half of all neo-natal deaths. New-born deaths in the first week of life are predominantly caused by birth asphyxia and prematurity, whereas those after the first week are mostly due to sepsis. Other factors which contribute to adverse neo-natal outcome include lack of care of the mother during pregnancy and childbirth, young age and poor general health of the mother.
463. In 1999, the IMR for India was 70 per live births. Orissa has the highest IMR at 97 and Kerala, the lowest at 14 (see Figure 6.4) Twenty States and UTs have achieved the national goal of IMR of 60 by the year 2000 (see Box 6.2).
Box 6.2: States/UTs and the national goal (IMR)
States/UTs which have achieved the national goal of 60
Major States: Karnataka, Kerala, Maharashtra, Punjab, Tamil Nadu,
West Bengal.
Smaller States/UTs: Arunachal Pradesh, Goa, Manipur, Mizoram,
Meghalaya, Sikkim, Tripura, Andaman & Nicobar Islands, Chandigarh, Dadra and
Nagar
Haveli, Daman & Diu, Delhi, Lakshadweep, Pondicherry.
States/Union Territories between 60 (national goal) and 70 (national
IMR)
Major States: Andhra Pradesh, Gujarat, Haryana, Bihar.
Smaller States/UTs: Himachal Pradesh
States/UTs above the national average
Major States: Assam, Madhya Pradesh, Orissa, Rajasthan, Uttar
Pradesh.
|
Source: Office of Registrar General of India, Sample Registration Systems, 1999
464. As with all other indicators, there are wide variations among
States. Kerala, with an IMR
of 14, compares with some of the more developed
countries in the world, while very few countries in the world have IMR higher
than
Orissa. A positive feature of IMR figures for the last four years is that
Bihar and Rajasthan have both shown a decline—in
Bihar it has reduced from
71 to 66 and in Rajasthan, from 85 to 81. In Uttar Pradesh also, the IMR has
declined from 85 to 84 during
this period. With a national average of 70, 30 out
of every 1000 children born in India die before their first birthday while there
are around 18 million births annually. Therefore, with an IMR of 70, more than
half a million babies in India, every year, do not
survive beyond the age of one
year. It has been suggested that India’s preoccupation with the
eradication of polio has led
to less attention being given of other components
of the Universal Immunisation Programme (UIP). The slow rate of decline in the
IMR and the fact of its having plateaued for the last four to five years are
issues that are being addressed with a sense of urgency.
465. This is defined as the probability of dying between the first and fifth birthdays. As per data provided by NFHS-II, child mortality has fallen from 39.3 per cent in 1988 to 29.3 per cent in 1998. However, the child mortality rate in rural areas is almost twice of that in urban areas.
466. This is defined as the number of maternal deaths of women aged between 15–49 years per 100,000 live births. The Registrar General of India has estimated that the MMR in India is 407 per 100,000 live births in 1999. According to NFHS-I and NFHS-II, the MMR in 1992 and 1998 was 437 and 540, respectively. This increase is not statistically significant. Almost all the estimates imply that more than 100,000 women die each year due to causes related to pregnancy and childbirth. High MMR is mainly due to the large number of deliveries being conducted at home and by untrained persons, severe anaemia, poor nutritional status, ante-and post-partum
Figure 6.3: Infant Mortality Rate 1996-1999
Source: Sample Registration System Bulletin, October 2000, Registrar
General, India
*This information was collated prior to the creation of
the states of Chhatisgarh, Jharkhand and Uttaranchal
haemorrhage,
toxaemia, abortion and sepsis. . In addition, lack of adequate referral
facilities to provide emergency obstetric care
for complicated cases also
contributes to high maternal mortality and morbidity. It is estimated that at
least 15 per cent of all
pregnant women require skilled obstetric care, in the
absence of which they suffer from serious morbidity and disabilities. The
complications
that affect expectant mothers affect the foetus also. Uttar
Pradesh has the highest MMR at 707 (as of 1998) and Gujarat, the lowest
at 28
(as of 1998). The MMR for India and its bigger States is given in Figure
6.5.
467. Maternal mortality is also affected by a whole range of
socio-economic determinants. The status of women, the relatively low
level of
female education, economic dependence, lack of access to services and the gender
bias are some factors that influence maternal
mortality and morbidity.
Hospital-based data reveal that States like Kerala, Karnataka, Tamil Nadu,
Maharashtra, Andhra Pradesh,
Punjab and Haryana, which have relatively better
socio-economic conditions and literacy rates, have a lower MMR than the other
States.
Thus, besides improving maternal health care services, it is necessary
to improve the social status of women, including their educational
standard, to
reduce the current MMR.468. Infant and maternal mortality also remains high,
partly because of the occurrence of high
risk births, i.e. birth by very young
mothers, births that take place too soon after a previous birth, and “high
order”
births. Children of very young mothers have an IMR that is almost
one and half times higher than that for mothers in their 20s. Similarly,
the IMR
for births that occur within 24 months of a previous birth is almost three times
as high as for children born after an interval
of four years or more—yet
one birth out of every four occurs within 24 months of a previous birth.
Although the ideal family
size is less than three children, 28 per cent of
births are of the order four or higher. Children at higher birth orders also
have
a higher risk of dying in infancy, and this risk increases the higher the
birth order. Encouraging women to
Figure 6.4: Maternal Mortality Rate, 1998
have only the pregnancies they choose and to use spacing methods of contraception can help to reduce high-risk births.
469. Continuing low levels
of education among women and under-utilization of safe motherhood services, i.e.
antenatal care and safe
delivery systems by women are also keeping infant and
maternal mortality high. The IMR for illiterate mothers is more than two and
half times the rate of mothers who have completed high school. Similarly, infant
mortality for children of mothers who did not receive
ante-natal care (ANC) from
a health worker, delivery assistance from a health professional, and post-partum
care within two months
of delivery, is also more than twice as high as for
mothers who received all these types of care.
470. All the findings relating
to MMR reinforce the urgency of ensuring that all pregnant women receive
adequate ANC during pregnancy
and adequate diet and that deliveries take place
under hygienic conditions with the assistance of trained medical practitioners.
Under the Maternal Health Care Programme, several interventions have been
identified and vertical schemes have been formulated, such
as the National
Nutritional Anaemia Control Programme, TT Immunisation of Pregnant Mothers and
the Dais (traditional birth attendants) Training Programme.9
Due emphasis is being given to provision of antenatal care (ANC) to all
pregnant women. Interventions include early registration of
pregnancy, insisting
on at least three ante-natal check-ups, provision of prophylaxis against tetanus
and iron folic deficiency and
referral services.10 Essential
obstetric care provides for basic maternity services to all pregnant women
through:
Table 6.5: Maternal mortality rate, 1998
|
|
States
|
MMR
|
Andhra Pradesh
|
159
|
Assam
|
409
|
Bihar
|
452
|
Gujarat
|
28
|
Haryana
|
103
|
Karnataka
|
195
|
Kerala
|
198
|
Madhya Pradesh
|
498
|
Maharashtra
|
135
|
Orissa
|
367
|
Punjab
|
199
|
Rajasthan
|
670
|
Tamil Nadu
|
79
|
Uttar Pradesh
|
707
|
West Bengal
|
266
|
India
|
407
|
Note: The data for smaller States and UT have not been presented here in view of their small sample size, These figures, however, have been taken into account for working out the figures for India
Source: Sample Registration System Bulletin, April 2000, Registrar General, GOI
471. The component of
essential obstetric care in the RCH programme has greater relevance to Assam,
Bihar, Orissa, Uttar Pradesh,
and Madhya Pradesh because most of the deliveries
in these States are still conducted at home in an unsanitary environment,
causing
high maternal morbidity and mortality.11
472. To
promote institutional deliveries, provisions have been made under the current
RCH programme to give additional honorarium
to staff to encourage
round-the-clock delivery services at health centres. Emergency obstetric care is
an important intervention
to prevent maternal morbidity and mortality. Under the
RCH programme, first referral units (FRUs) will be strengthened through the
supply of drug, emergency obstetric equipment kits and skilled manpower on a
contractual/hiring basis as a regular feature. Training
of traditional birth
attendants (TBAs), an important component of the programme, has been
decentralized by involving NGOs.12
473. The ICDS health-care
programme too includes (a) ANC for expectant mothers; (b) postnatal care of
nursing mothers and care of
newborns; and (c) care of children under six years
of age. At the AWC, children, adolescent girls, pregnant women and nursing
mothers
are examined at regular intervals by the lady health visitor (LHV) and
ANM, who diagnose minor ailments and distribute simple
medicines.13
Low Birth Weight (LBW)
474. Low birth-weight
babies face substantially higher risks of dying than do babies of normal birth
weight. According to NFHS-II,
23 per cent of children born weigh less than 2.5
kg. The proportion of children weighing less than 2.5 kg is slightly higher in
rural
areas (24 per cent) than in urban areas (21 per cent). Low birth-weight
occurs due to several reasons. These include poor nutritional
status of the
mother, hypertension, anaemia, malaria, other infections and tobacco abuse by
the mother. Low maternal literacy, early
pregnancy, frequent pregnancies, and
poor care during pregnancy add greatly to the risk of LBW babies.
475. Interventions that are being undertaken by the Department of Welfare in
the Ministry of Health and Family Welfare (MOHFW) include
promotion of
appropriate timing of first pregnancy (not before 20 years of age), spacing of
birth, provision of ANC, provision of
iron and folic acid (IFA) during pregnancy
and lactation, and institutional delivery.14
476. The vaccination of children against six serious but preventable diseases (tuberculosis, diphtheria, pertussis, tetanus, poliomylitis and measles) has been a cornerstone of the child health care system in India.
477. According to NFHS-II, 42 per cent of children aged 12–23 months are fully vaccinated and 14 per cent have not received any vaccination. Coverage for BCG, DPT, and polio (except polio 0) vaccinations is much higher than the percentage fully vaccinated. BCG, the first dose of DPT, and the first and second doses of polio vaccine have each been received by at least 71 per cent of children. Fifty-five per cent of children have received three doses of DPT and 63 per cent have received three doses of polio vaccine. Although DPT and polio vaccinations are given at the same time as part of the routine immunization programme, the coverage rates are higher for polio than for DPT (especially for the first two doses), undoubtedly because of the Pulse Polio campaigns. Not all children who begin with the DPT and polio vaccination series go on to complete them. The difference between the percentages of children receiving the first and third doses is 16 percentage points for DPT and 21 percentage points for polio. Fifty-one per cent of children aged 12–23 months have been vaccinated against measles.
Box 6.3: Schemes to improve the outreach of
services
To cater to the RCH needs of people living in far-flung, difficult-to-reach
areas, the MoHFW is operationalising several outreach
schemes. Notable amongst
these is the Border Districts Cluster Project in which selected backward
districts are being provided resources
to innovate with the purpose of reducing
the IMR and MMR by at least 50 per cent in the next three to four years.
The RCH Outreach Scheme is being implemented to improve the delivery of MCH
services in remote areas and urban slums. Selected districts
will be provided
additional support for mobility of staff, improvement in quality of services and
generation of demand for services.
In the current year, the scheme has been
operationalised in 50 districts. The scheme will be expanded to cover 150
additional districts
in 2001–02.
To improve the utilisation of services at the PHC level, a scheme for
organising RCH camps has been introduced in 102 districts of
17 States. These
districts have adverse RCH indicators. During the camps, services of specialists
(gynaecologist and paediatrician)
will also be made available to the
beneficiaries.
Since a large number of deliveries still take place at home, most often at
the hands of an untrained friend or relative, a Dai Training Scheme has
been initiated in districts which otherwise report a safe delivery rate of less
than 30 per cent. In the current
year, 142 districts of 15 States will implement
the scheme. All practising Dais and TBAs in these districts will be
trained in essentials of care during pregnancy, childbirth and in newborn care
over the next
two years.
|
Source: Newborn Health—Key to Child Survival (Present Scenario, Current Strategies and Future Directions for Newborn Health in India), Child Health Division, Department of Family Welfare, Ministry of Health and Family Welfare, GOI
Table 6.6: Childhood vaccinations
|
||||||||||||||||
Percentage of children aged 12–23 months who received
specific vaccinations at any time before the interview and before 12 months
of
age, by source of information on vaccination history and residence, India,
1998–99 Percentage Vaccinated
|
||||||||||||||||
Source of Information
|
BCG
|
Polio
|
DPT
|
Polio
|
|
Number of children
|
||||||||||
1
|
2
|
3
|
1
|
2
|
3
|
Measles
|
All1
|
None
|
||||||||
URBAN
Vaccinated at any time before the interview |
||||||||||||||||
Vaccination card
|
96.6
|
33.0
|
98.9
|
96.4
|
91.1
|
98.5
|
96.0
|
90.8
|
81.0
|
77.5
|
0.1
|
1,048
|
||||
Mother’s report
|
78.4
|
14.9
|
75.3
|
69.5
|
58.3
|
86.9
|
83.7
|
67.5
|
59.2
|
46.0
|
11.7
|
1,233
|
||||
Either source
|
86.8
|
23.3
|
86.1
|
81.9
|
73.4
|
92.2
|
89.4
|
78.2
|
69.2
|
60.5
|
6.4
|
2,282
|
||||
Vaccinated by 12 months of age2
|
85.1
|
23.3
|
83.6
|
79.1
|
70.6
|
89.4
|
86.1
|
74.9
|
59.7
|
51.9
|
8.6
|
2,282
|
||||
RURAL
Vaccinated at any time before the interview |
||||||||||||||||
Vaccination card
|
94.5
|
19.8
|
98.4
|
91.4
|
83.0
|
97.9
|
91.1
|
83.0
|
69.7
|
65.4
|
0.1
|
2,344
|
||||
Mother’s report
|
55.3
|
5.9
|
53.7
|
46.6
|
35.5
|
73.8
|
68.0
|
47.7
|
34.8
|
24.3
|
23.9
|
5,450
|
||||
Either source
|
67.1
|
10.1
|
67.1
|
60.1
|
49.8
|
81.1
|
75.0
|
58.3
|
45.3
|
36.6
|
16.7
|
7,795
|
||||
Vaccinated by 12 months of age2
|
64.3
|
10.1
|
64.4
|
57.0
|
46.6
|
77.5
|
71.1
|
54.4
|
36.2
|
29.3
|
20.2
|
7,795
|
||||
TOTAL
Vaccinated at any time before the interview
|
||||||||||||||||
Vaccination card
|
95.2
|
23.9
|
98.6
|
92.9
|
85.5
|
98.1
|
92.6
|
85.4
|
73.2
|
69.1
|
0.1
|
3,393
|
||||
Mother’s report
|
59.6
|
7.6
|
57.6
|
50.8
|
39.7
|
76.2
|
70.9
|
51.3
|
39.3
|
28.3
|
21.6
|
6,684
|
||||
Either source
|
71.6
|
13.1
|
71.4
|
65.0
|
55.1
|
83.6
|
78.2
|
62.8
|
50.7
|
42.0
|
14.4
|
10,076
|
||||
Vaccinated by
12 months of age2
|
69.1
|
13.1
|
68.8
|
62.1
|
52.1
|
80.3
|
74.6
|
59.2
|
41.7
|
34.5
|
17.5
|
10,076
|
Note: Table includes data only on surviving children from among the two most recent births in the three years preceding the survey
1 BCG, measles, and three doses each of DPT and polio vaccines (excluding polio 0)
2 For children whose information was based on the mother’s report, the proportion of vaccinations given by 12 months of age is assumed to be the same as for children with a written record of vaccination
Source: India, National Family Health Survey (NFHS-II), 1998–99, International Institute for Population Sciences, Mumbai, India
478. The relatively low percentage vaccinated against measles is partly responsible for the low overall percentage (see table 6.7). GOI statistics suggest a much higher level of vaccination coverage than NFHS-II estimates. According to Government statistics for 1997–98, 61 per cent of children aged 12–23 months are fully vaccinated and coverage is 79 per cent for BCG, 73 per cent for the third dose of DPT, 73 per cent for the third dose of polio vaccine, and 66 per cent for measles. Whereas NFHS-II states that 42 per cent of children aged 12–23 months are fully vaccinated and coverage is 72 per cent for BCG, 55 per cent for the third dose of DPT, 63 per cent for the third dose of polio vaccine, and 51 per cent for measles.15
Table 6.7: Childhood vaccinations
|
|||||||||||
Percentage of children aged 12–23 months who received specific
vaccinations at any time before the interview (according to the
vaccination card
maintained the mother) and percentage with a vaccination card that was shown to
the interviewer by State, India,
1998–99.
Percentage Vaccinated
|
|||||||||||
|
|
|
DPT
|
Polio
|
|
|
|
||||
Region/State
|
BCG
|
Polio 0
|
1
|
2
|
3
|
1
|
2
|
3
|
Measles
|
All1
|
None
|
India North
|
71.6
|
13.1
|
71.4
|
65.0
|
55.1
|
83.6
|
78.2
|
62.8
|
50.7
|
42.0
|
14.4
|
Delhi
|
92.0
|
36.9
|
90.8
|
88.3
|
79.9
|
93.8
|
91.7
|
81.0
|
77.5
|
69.8
|
5.1
|
Haryana
|
86.8
|
6.1
|
89.5
|
84.5
|
71.1
|
90.1
|
87.4
|
74.3
|
72.2
|
62.7
|
9.9
|
Himachal Pradesh
|
94.6
|
4.2
|
96.7
|
96.1
|
88.8
|
97.2
|
97.2
|
89.8
|
89.1
|
83.4
|
2.8
|
Jammu & Kashmir
|
85.6
|
4.8
|
85.7
|
83.6
|
72.3
|
88.3
|
85.4
|
74.3
|
68.9
|
56.7
|
10.4
|
Punjab
|
88.7
|
11.2
|
88.4
|
87.3
|
82.0
|
90.5
|
88.5
|
83.6
|
76.5
|
72.1
|
8.7
|
Rajasthan
|
53.9
|
3.2
|
47.8
|
40.2
|
26.1
|
75.5
|
67.3
|
44.6
|
27.1
|
17.3
|
22.5
|
Central
|
|
|
|
|
|
|
|
|
|
|
|
Madhya Pradesh
|
64.9
|
10.1
|
62.8
|
52.3
|
37.0
|
85.4
|
79.0
|
56.7
|
35.5
|
22.4
|
13.9
|
Uttar Pradesh
|
57.5
|
4.7
|
57.3
|
46.5
|
33.9
|
66.5
|
60.3
|
42.3
|
34.6
|
21.2
|
29.5
|
East
|
|
|
|
|
|
|
|
|
|
|
|
Bihar
|
37.7
|
3.6
|
39.7
|
33.4
|
24.2
|
81.3
|
71.7
|
41.0
|
16.6
|
11.0
|
16.8
|
Orissa
|
84.7
|
14.6
|
80.1
|
74.8
|
61.9
|
88.7
|
84.8
|
68.4
|
54.0
|
43.7
|
9.4
|
West Bengal
|
76.5
|
2.1
|
77.9
|
70.1
|
58.3
|
83.9
|
76.5
|
61.7
|
52.4
|
43.8
|
13.6
|
North-East
|
|
|
|
|
|
|
|
|
|
|
|
Arunachal Pradesh
|
54.2
|
4.5
|
57.4
|
52.7
|
41.8
|
67.6
|
62.5
|
43.3
|
33.6
|
20.5
|
28.7
|
Assam
|
53.5
|
3.1
|
57.4
|
48.5
|
37.5
|
61.8
|
53.6
|
37.9
|
24.6
|
17.0
|
33.2
|
Manipur
|
71.0
|
32.1
|
76.4
|
71.0
|
59.1
|
81.3
|
76.9
|
62.5
|
45.8
|
42.3
|
17.2
|
Meghalaya
|
46.1
|
11.5
|
44.8
|
36.8
|
25.4
|
51.8
|
43.8
|
27.6
|
17.7
|
14.3
|
42.3
|
Mizoram
|
88.2
|
4.6
|
86.9
|
83.9
|
69.5
|
88.3
|
83.5
|
71.9
|
71.0
|
59.6
|
10.5
|
Nagaland
|
46.1
|
5.5
|
48.1
|
40.9
|
29.6
|
66.6
|
60.3
|
41.8
|
19.6
|
14.1
|
32.7
|
Sikkim
|
76.5
|
8.2
|
75.7
|
71.7
|
62.5
|
79.8
|
75.7
|
63.5
|
58.9
|
47.4
|
17.6
|
West Goa
|
99.2
|
31.6
|
97.6
|
95.2
|
93.4
|
99.2
|
98.4
|
95.8
|
84.3
|
82.6
|
0.0
|
Gujarat
|
84.7
|
5.3
|
83.1
|
75.4
|
64.1
|
90.2
|
82.5
|
68.6
|
63.6
|
53.0
|
6.6
|
Maharashtra
|
93.7
|
8.3
|
94.9
|
91.7
|
89.4
|
97.2
|
94.7
|
90.8
|
84.3
|
78.4
|
2.0
|
South
|
|
|
|
|
|
|
|
|
|
|
|
Andhra Pradesh
|
90.2
|
5.3
|
89.8
|
86.9
|
79.5
|
93.8
|
90.9
|
81.6
|
64.7
|
58.7
|
4.5
|
Karnataka
|
84.8
|
26.4
|
87.0
|
84.8
|
75.2
|
91.9
|
89.0
|
78.3
|
67.3
|
60.0
|
7.7
|
Kerala
|
96.2
|
60.6
|
96.0
|
94.4
|
88.0
|
96.9
|
95.2
|
88.4
|
84.6
|
79.7
|
2.2
|
Tamil Nadu
|
98.6
|
85.5
|
98.6
|
97.5
|
96.7
|
99.7
|
99.5
|
98.0
|
90.2
|
88.8
|
0.3
|
Note: Table includes data only on surviving children from among the two most recent births in the three years preceding the survey
1 BCG, measles, and three doses each of DPT and polio vaccines
(excluding polio 0)
Source: India, National Family Health Survey
(NFHS-II), 1998–99, International Institute for Population Sciences,
Mumbai, India
Figure 6.5: Childhood vaccinations by region
Source: India Report on the World Summit for Children, 2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI
478. The analysis of vaccine-specific data indicates much higher
coverage for each type of vaccine in urban areas than in rural areas.
Sixty-one
per cent of children aged 12–23 months in urban areas had received all of
the recommended vaccinations by the time
of the survey, compared with 37 per
cent in rural areas. The proportion fully vaccinated during the first year of
life is also higher
in urban areas (52 per cent) than in rural areas (29 per
cent). Dropout rates for both DPT and polio are lower in urban areas than
in
rural areas. There are considerable interstate differentials in the coverage
rates for different vaccinations and for children
receiving all vaccinations.
The percentage of children who are fully vaccinated ranges from 11 per cent in
Bihar to 89 per cent in
Tamil Nadu. Among other larger States, Assam (17 per
cent), Rajasthan (17 per cent), Uttar Pradesh (21 per cent) and Madhya Pradesh
(22 per cent) stand out as having a much lower percentage of fully vaccinated
children than the national average of 42 per cent.
Since these States account
for more than 40 per cent of the total population of the country, their low
coverage for vaccination pulls
down the coverage rate for the country as a
whole. All northern States except Rajasthan, and all southern and western
States, have
fared relatively well with regard to full coverage of vaccinations.
Most of the north-eastern States have a relatively poor record
on vaccination
coverage. A similar picture emerges with respect to individual vaccinations.
Tamil Nadu, Goa, Maharashtra, Himachal
Pradesh, and Kerala are approaching
universal coverage for BCG and three doses of DPT, and polio. In most States,
there is a considerable
drop from the second to the third dose for both DPT and
polio. The relatively low levels of coverage for measles is also a major
factor
responsible for failure to achieve full immunisation coverage.16 (see
table No. 6.6.)
480. The public sector is the primary provider of childhood
vaccination in India. According to NFHS-II survey, 82 per cent of all
children
who have received any vaccinations received most of them from a public medical
source and 13 per cent received them from
a private medical source. Children of
more educated mothers and those enjoying a high standard of living are more
likely to receive
vaccinations through private doctors. As with the use of MCH
services, there is a strong positive relationship between the mother’s
education and childrens’ vaccination coverage. Only 28 per cent children
of illiterate mothers are fully vaccinated, compared
with 73 per cent children
of mothers who have at least completed high school.
481. The UIP was
introduced in 1985–86 with the objective of covering at least 85 per cent
of all infants against the six vaccine-preventable
diseases by 1990, and to
achieve self-sufficiency in vaccine production and the manufacture of cold-chain
equipment. This scheme
has been introduced in every district of the country and
the target now is to achieve 100 per cent immunisation coverage.
482. The PPI programme was launched in 1995. Under this programme, every child under the age of five years was given oral polio drops in December and January every year, on the same day. To accelerate the efforts for the eradication of polio, PPI programmes have been intensified during 1999–2000. Instead of two rounds, four nationwide rounds and two additional rounds are being conducted in eight States—Assam, Bihar, Gujarat, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh and West Bengal. Two national rounds have been completed. Instead of a one-day effort, the campaign is now spread over two to three days. On the first day, immunization is carried out at fixed booth sites, while on the second and third days, the teams make house-to-house visits to immunize the children who have been left out.
Table 6.8: Decline in the reported incidence of
diseases
|
||||
Diseases
|
1987
|
1999
|
2000
|
% Decline
|
Polio
|
28,257
|
4,320
|
-
|
84.7
|
Wild virus polio
|
-
|
-
|
1126
|
76
|
Diptheria
|
12,952
|
2,725
|
-
|
79.0
|
Pertussis
|
1,63,786
|
36,716
|
-
|
77.6
|
Neonatal tetanus
|
11,849
|
4,488
|
-
|
62.1
|
Measles
|
2,47,519
|
38,950
|
-
|
84.3
|
Source: Annual Report, 1999–2000, Ministry of Health and Family
Welfare, GOI
Surveillance of vaccine-preventable
diseases
483. Considerable efforts have gone into developing a reliable surveillance system. Immediate reporting of poliomylitis cases has been made mandatory. There has been a significant decline in the reported incidence of these diseases, compared to 1987 (See table 6.8).
484. Urban Measles Campaign: A special campaign, with assistance from UNICEF, was undertaken to cover slum localities during 1998. Initially, 40 major cities were to be covered. Twenty of these have been identified in 12 States and the remaining 20 will be identified during 1999–2000. The emphasis is on covering all unprotected children up to the age of three years with single doses of the measles vaccine. Based on the experience from these cities, more will be targeted in the coming years.
485. Neo-natal tetanus continues to be a problem in many districts,
particularly in the large States. For early elimination of neo-natal
tetanus,
the Indian Council for Medical Research (ICMR) has advised that efforts be made
to immunize all women in the reproductive
age group with three doses of tetanus
toxoid vaccine, through a campaign approach. On the basis of these
recommendations, a plan
of action for implementation will be developed for
various States. Meanwhile, Rajasthan initiated a campaign in 1998, to cover all
married women up to the age of 30 years with three doses of
TT.17
486. Continuous investment in the wide-scale
availability of vaccines is the most cost-effective intervention that India can
make
in the foreseeable future. The maintenance and expansion of the UIP to
reach every child is the most important foundation for public
health, one which
will result in lowering mortality and improvement in child survival.
487. Nutritional status is a major determinant of the
health and well-being of children. Chronic illness are associated with poor
nutrition among children. NFHS-II shows that almost half the children under
three years of age (47 per cent) are underweight and
a similar percentage (46
per cent) are stunted. The proportion of children who are severely
undernourished is 18 per cent according
to weight for age and 23 per cent
according to height for age. Wasting affects about 16 per cent of children under
three years of
age.
488. The proportion of children who are undernourished
increases rapidly with the child’s age through 12–23 months, where
it peaks at 22 per cent for wasting and 58–59 per cent for underweight and
stunting. Even during the first six months of life,
when 55 per cent of babies
are exclusively breastfed, 9–15 per cent of children are undernourished,
according to the three
nutritional indices. .
Box 6.4: Keep the promises
Evaluation of PPI coverage to validate the reported coverage has become an
established practice since the beginning of this initiative.
Last year the
opportunity of PPI household surveys was utilised to evaluate the Routine
Immunisation (RI) coverage countrywide for
the first time. Again this year, the
same opportunity has been utilised, but instead of three, only one cohort, i.e.,
children between
12-23 months age, has been assessed for the routine
immunisation coverage 1998-99.
On the request of the Ministry of Health and Family Welfare, GOI, UNICEF
organised the CES in all the 32 States/union territories
and 74 select cities
(especially, those with a minimum of 50,000 urban slum population) between
February and April 1999.
A total of 29,262 children, i.e., 7,855 children for the state-clusters,
3,749 children for the high-risk-clusters, and 17,658 children
for the
city-clusters were contacted to assess the routine vaccination coverage.
Seventy-five per cent children were from rural clusters
and remaining twenty
five per cent children were from urban clusters. Distribution by gender revealed
that boys were 53.9 per cent
to 54.3 per cent and girls were 45.7 to 46.1 per
cent. Gender distribution was observed to be in line with the general sex
distribution
of that age, thereby, indicating that the sample was a fair
representation for State, high-risk and city population) children who
were
contacted for the assessment of routine immunisation only.
Though the coverage results were analysed on the basis of medical history
and medical records, the immunisation cards were available,
as national average,
in 48.5 per cent of the cases. Unfortunately, a decline has been noticed this
year in comparison to last year,
when it was recorded to be 56 per cent. For
high-risk and city clusters the respective percentages were observed to be 42.1
per cent
and 44.9 per cent in the current survey. The inter-state variation
indicated availability of the immunisation cards to be highest
(<85 per cent)
in the Union Territories/States of Andaman & Nicobar, Chandigarh, and
Tripura. In A & N Islands, Himachal
Pradesh, Lakshadweep, and Mizoram the
card availability was 91.9 per cent vs 86.7 per cent; 91.5 per cent v 57.5 per
cent; 98.7 per
cent vs 71.7 per cent; and 98.5 per cent vs 59.1 per cent
respectively, for last year vs this year. Less than 50 per cent families
showing
documentary evidence for the routine vaccination were observed in 12 States/UTs
in the current survey.
The situation of availability of immunisation cards among the high-risk
population and select cities was similar to the State picture
i.e., 42.1 per
cent and 44.9 per cent respectively. In the city survey it was 54 per cent last
year compared to 44.9 this year.
The question of identifying the availability of routine immunisation
services within the clusters indicated that 78.6 per cent of
the communities
surveyed had services provided within their community. The inter-state variation
ranged from 100 per cent in D &
N Haveli, Daman and Diu, Gujarat, Kerala and
Tamil Nadu to a level of 35 per cent in Assam. It was observed that the service
availability
at the community level was over 90 per cent in seven States/UTs,
between 80 per cent and 90 per cent in eight; between 60 per cent
and 80 per
cent in another eight; and below 60 per cent in rest of the states/UTs. In
high-risk and city, clusters the trend was
almost same with an average of 83.6
per cent and 82 per cent clusters having services within their communities,
respectively.
This year, the proportion of fully immunised (BCG, OPV3, DPT3 and measles)
worked out to be 51 per cent in state clusters (against
61 per cent for 1997-98)
for 12-23 month old children, indicating a downward trend. It was observed that
only Goa, Maharashtra and
Tamil Nadu had sustained coverage level over 80 per
cent (against 12 states last year). The picture for fully immunised children
in
Nagaland (4.2 per cent), Bihar (13 per cent), Arunachal Pradesh (20 per cent),
Meghalaya (25 per cent), Pondicherry (25 per cent),
Mizoram (26 per cent), Daman
and Diu (32 per cent), Assam (34 per cent), Rajasthan (34 per cent), UP (34 per
cent) and West Bengal
(41 per cent) had been alarmingly low, thereby, needing
immediate attention.
The overall picture was found to be similar in high-risk (46 per cent) and
city clusters (50 per cent). Only two high-risk clusters
(i.e., J&K 81 per
cent; and TN 80 per cent) had over 80 per cent fully immunised children this
year.
The proportion of fully immunised children among the urban poor population
was observed to be sliding down from 73 per cent in 1995-96
to 65 per cent in
1996-97 and 50 per cent in the current year.
Immunisation variables
The immunisation coverage levels are influenced by service availability,
service quality, gender discrimination, other socio-cultural
restrictions and
efforts for demand generation and social mobilisation. Till date, PPI appear to
be the country’s most successful
public health intervention, as it has
been able to mobilise people from all walks of life, thereby, converting it into
a people’s
programme.
Session in the communities
The availability of sessions within the clusters is indicative of promises
kept to provide immunisation services at the community
level. The survey
indicated availability of service at the community level to be in the range of
35 per cent to 100 per cent (against
23 per cent to 100 per cent last year). It
is heartening to know that this year, only in three State clusters it was less
than 50
per cent. In five states 100 per cent; in seven between 90 per cent and
99 per cent; in another eight between 80 per cent and 90
per cent; and remaining
nine between 50 per cent and 80 per cent clusters had sessions within the
communities. The availability of
services within the community was better for
the high-risk (83 per cent) and urban poor population (82 per cent).
Gender and immunisation
The proportion of fully immunised girls and boys did not show any
difference of statistical significance either in favour of male
or female child
at the national level. Also, there appeared to be no significant gender bias in
the coverage of routine vaccinations
among the high-risk or urban poor
population.
Coverage by religion
This year, the overall national coverage for fully immunised Hindu children
declined to 55 per cent from 68 per cent in 1995-96. For
Muslims it was 41 per
cent (68 per cent in 1995-96), for Christians it was 32 per cent (56 per cent in
1995-96), for Sikhs it was
61 per cent (almost 100 per cent in 1995-96). The
decline of proportion of fully immunised coverage levels among other religions
were highly significant, i.e., 44 per cent in the current year against 64 per
cent in 1995-96 (Ref. RIS10.2B). A similar trend was
observed in high-risk and
city clusters.
Coverage by caste
The coverage by caste indicated (Ref RIS10.2C, RIH10.2C and RIC10.2C) 45
per cent for SC, 37 per cent for ST and 56 per cent for other
children (against
51 per cent for SC, 53 per cent for ST and 65 per cent for others children in
1996-97). The proportion of fully
immunised children in 1995-96 was 59 per cent
for ST and 72 per cent for other castes.
Immunisation by residence
As expected, urban population had higher coverage because of better access
to services and better awareness. The percentage of children
who had been
completely immunised stood at 58 per cent in urban areas and 48 per cent in
rural areas.
|
Source: Keep the Promises—Evaluation of Routine Immunisation, 1998-99, Ministry of Health & Family Welfare, GOI
489. Between
24–35 months, when most children have been weaned from breast milk, almost
one third of children are severely stunted
and almost one quarter are severely
underweight.
490. Overall, girls and boys are equally likely to be
undernourished, but girls are slightly more likely than boys to be underweight
and stunted, whereas boys are slightly more likely to be wasted. Undernutrition
generally increases with increasing birth order.
Young children in families with
six or more children are nutritionally the most disadvantaged. First births have
lower than average
levels of undernutrition on almost all the measures, and
children born after a short birth interval are more likely than other children
to be stunted or underweight.
491. Malnutrition is substantially higher in rural areas than in urban areas. Even in urban areas, however, more than one third of children are under weight or stunted. Children whose mothers are illiterate are about twice as likely to be under nourished than children whose mothers have completed at least high
Table 6.9: Nutritional status of children
|
||||||
Percentage of children under three years, classified as
undernourished on three anthropometric indices of nutritional status, according
to State, India, 1998–99
|
||||||
State
|
Weight for age
|
Height for age
|
Weight for height
|
|||
Percentage below-3 SD
|
Percentage below-2 SD1
|
Percentage below-3 SD
|
Percentage below-2 SD1
|
Percentage below-3 SD
|
Percentage below-2 SD
|
|
India North
|
18.0
|
47.0
|
23.0
|
45.5
|
2.8
|
15.5
|
Delhi
|
10.1
|
34.7
|
18.0
|
36.8
|
4.1
|
12.5
|
Haryana
|
10.1
|
34.6
|
24.3
|
50.0
|
0.8
|
5.3
|
Himachal Pradesh
|
12.1
|
43.6
|
18.1
|
41.3
|
3.3
|
16.9
|
Jammu & Kashmir
|
8.3
|
34.5
|
17.3
|
38.8
|
1.2
|
11.8
|
Punjab
|
8.8
|
28.7
|
17.2
|
39.2
|
0.8
|
7.1
|
Rajasthan
|
0.8
|
50.6
|
29.0
|
52.0
|
1.9
|
11.7
|
Central
|
|
|
|
|
|
|
Madhya Pradesh
|
24.3
|
55.1
|
28.3
|
51.0
|
4.3
|
19.8
|
Uttar Pradesh
|
21.9
|
51.7
|
31.0
|
55.5
|
2.1
|
11.1
|
East
|
|
|
|
|
|
|
Bihar
|
25.1
|
54.4
|
33.6
|
53.7
|
5.5
|
21.0
|
Orissa
|
20.7
|
54.4
|
17.6
|
44.0
|
3.9
|
24.3
|
West Bengal
|
16.3
|
48.7
|
19.2
|
41.5
|
1.6
|
13.6
|
North-East
|
|
|
|
|
|
|
Arunachal Pradesh
|
7.8
|
24.3
|
11.9
|
26.5
|
2.0
|
7.9
|
Assam
|
13.3
|
6.0
|
3.7
|
50.2
|
3.3
|
13.3
|
Manipur
|
5.3
|
27.5
|
11.2
|
31.3
|
1.8
|
8.2
|
Meghalaya
|
11.3
|
37.9
|
24.5
|
44.9
|
1.0
|
13.3
|
Mizoram
|
5.0
|
27.7
|
13.9
|
34.6
|
2.8
|
10.2
|
Nagaland
|
7.4
|
24.1
|
11.7
|
33.0
|
2.4
|
10.4
|
Sikkim
|
4.2
|
20.6
|
9.7
|
31.7
|
0.8
|
4.8
|
West
|
|
|
|
|
|
|
Goa
|
4.7
|
28.6
|
4.8
|
18.1
|
0.7
|
13.1
|
Gujarat
|
16.2
|
45.1
|
23.3
|
43.6
|
2.4
|
16.2
|
Maharashtra
|
17.6
|
49.6
|
14.1
|
39.9
|
2.5
|
21.2
|
South
|
|
|
|
|
|
|
Andhra Pradesh
|
10.3
|
37.7
|
14.2
|
38.6
|
1.6
|
9.1
|
Karnataka
|
16.5
|
43.9
|
15.9
|
36.6
|
3.9
|
20.0
|
Kerala
|
4.7
|
26.9
|
7.3
|
21.9
|
0.7
|
11.1
|
Tamil Nadu
|
10.6
|
36.7
|
12.0
|
29.4
|
3.8
|
19.9
|
Note: Each index is expressed in standard deviation units (SD) from the
median of the International Reference Population
Includes children who
are below-3 SD from the International Reference Population
Median
Source: India, National Family Health Survey (NFHS–II),
1998–99, International Institute for Population Sciences, Mumbai,
India
school and the differentials are even larger in the case of severe malnutrition. Inadequate nutrition is a problem throughout India, though the situation is considerably better in some States. Table 6.9 shows that undernutrition is most pronounced in Bihar, Madhya Pradesh, Karnataka, and Tamil Nadu — all characterized by high levels of wasting among children. Nutritional problems are least evident in Sikkim, Arunachal Pradesh, Goa and Kerala. Even in these States, however, levels of undernutrition are unacceptably high.18
492. Infant feeding practices have
significant effects both on mothers and children. Proper infant feeding,
starting from the time
of birth, is important for the physical and mental
development of the child. Breastfeeding improves the nutritional status of young
children and reduces morbidity and mortality. Breast milk not only provides
important nutrients but also protects the child against
infection. Although
breastfeeding is nearly universal in India, only 16 per cent of infants are put
to the breast immediately after
birth and 37 per cent within the 1st day.
According to NFHS–II, only 55 per cent of children under four months of
age are exclusively
breastfed in India; 23 per cent receive breast milk plus
water and 20 per cent receive supplements along with breast milk.
493. From
about six months of age, the introduction of complementary food is critical for
meeting the protein, energy, and micro-nutrient
needs of children. However, in
India the introduction of complementary food is delayed for a substantial
proportion of children.
Only 24 per cent of breastfeeding children who are six
months old consume solid and mushy foods. This proportion rises to only 46
per
cent at 9 months of age. Even at twelve months of age, more than one-quarter of
breastfeeding children do not eat any solid or
mushy food. Only 35 per cent of
breastfeeding children aged 6-9 months receive solid or mushy food as
recommended.19
494. . NFHS-II estimates that 11.9 per cent
of children (0-6 months), 37.5 per cent of children (6-11 months), 58.5 per cent
of children
(12-23 months) and 58.4 per cent of children (24-35 months) were
underweight (children who are more than two standard deviations
below the
reference median).20
495. Iodine is an
important micro-nutrient. Lack of iodine in the diet can lead to iodine
deficiency disorders (IDD), which according
to the World Health Organization
(WHO) can cause miscarriages, brain disorders, cretinism, and retarded
psycho-motor development.
Iodine deficiency is the single most important and
preventable cause of mental retardation worldwide. It has been estimated that
200 million people in India are exposed to the risk of iodine deficiency and 70
million suffer from goitre and other IDDs (IDD and
Nutrition Cell, 1998). In
addition, about one fifth of pregnant women are at considerable risk of giving
birth to children who will
not reach their optimum physical and mental potential
because of material iodine deficiency (Vir, 1995).
496. Iodine deficiency can
be avoided by using salt that has been fortified with iodine. In 198384, the GOI
adopted a policy to achieve
universal iodisation of edible salt by 1992 and
advised all States and UTs to issue notifications banning the sale of edible
salt
that was not iodized. All but one State issued a full or partial ban. A
national ban was instituted in 1997, but was lifted in September
2000.
497. Despite Government regulations in effect at the time of
NFHS–II, only 49 per cent of households used cooking salt that
was iodized
at the recommended level of 15 ppm or more. Differentials in usage of iodized
salt by background characteristics were
pronounced. Seventy-seven per cent of
households in large cities use salt with 15 ppm or more of iodine, compared with
67–68
per cent of households in small cities and towns, and only 42 per
cent of households in rural areas. The use of iodized salt is relatively
low in
households headed by persons from Scheduled Castes (41.8 per cent), Scheduled
Tribes (43.3 per cent), or Other Backward Classes
(42.4 per cent). The widest
differentials are observed for the standard of living index. Seventy- eight per
cent of households with
a high standard of living use adequately iodized salt
compared with only 35 per cent of households with a low standard of
living.
498. The use of iodized salt varies dramatically from one State to
another, being lowest in the two States (Tamil Nadu and Rajasthan)
that produce
salt (see table 6.10). The variations are due to a number of factors, including
the scale of salt production, transportation
requirements, enforcement efforts,
the pricing structure, and storage patterns. In particular, salt iodization is
likely to be more
common in States where salt is transported exclusively by
railways, at least partly because the Salt Department monitors the iodine
content of salt shipped by railways.21
499. Anaemia can prove serious for young children because it
can result in impaired cognitive performance, impact behavioural and
motor
development coordination, language development, and scholastic achievement, as
well as cause increased morbidity from infectious
diseases (Seshadri, 1997). One
of the most vulnerable groups is children aged 6–24 months (Stoltzfus and
Dreyfuss, 1998).
500. NFHS–II shows that overall, nearly three-quarters
(74 per cent) of children aged 6-24 month have some level of anaemia,
including
23 per cent who are mildly anaemic (10.0–10.9 g/dl), 46 per cent who are
moderately anaemic (7.0–9.9 g/dl),
and five per cent who are severely
anaemic (less than 7.0 g/dl). Notably, a much larger proportion of children than
women are anaemic
and the difference is particularly pronounced in the case of
moderate to severe anaemia.
501. Several groups of children have particularly
high levels of anaemia. These include children aged 12–23 months (77.7 per
cent as per NFHS-II), children of higher birth orders (78.4 per cent as per
NFHS-II), rural children (75.3 per cent as per NFHS-II),
children whose mothers
are illiterate (78.2 per cent as per NFHS-II), children of SCs (78.3 per cent as
per NFHS-II) and STs (79.8
per cent as per NFHS-II), and children from poor
families (78.7 per cent as per NFHS-II). As expected, there is a strong positive
relationship between the haemoglobin levels of mothers and prevalence of anaemia
among children. Almost one quarter of children whose
mothers are severely
anaemic are severely anaemic themselves.
502. Table 6.11 shows the levels of
anaemia by State. Nagaland, Kerala and Manipur are the only States where less
than half the children
are anaemic. The highest prevalence of anaemia is found
in Haryana, Rajasthan, Bihar, and Punjab, where at least 80 per cent of children
are anaemic. In these four States, 54–66 per cent of children are
moderately or severely anaemic.22
503. The National Programme on Prevention of Blindness (NPPB) targets children under five years and is supposed to administer oral doses of vitamin A, every six months, starting after six months of birth. However, overall 29.7 per cent of children between one and three years have received one dose, and 17 per cent have received a dose in the last six months. Children living in urban areas (38.7 per cent as per NFH-II), children of more educated mothers (47.0 per cent as
Table 6.10: Iodisation of salt by state
|
||||||
Per cent distribution of households by degree of iodisation
of salt, according to State, India, 1998–98
|
||||||
State
|
Not iodised
|
7 ppm
|
15 ppm
|
30 ppm
|
Missing
|
Total Per cent
|
India
|
28.4
|
21.6
|
16.8
|
23.6
|
0.7
|
100.0
|
North
|
|
|
|
|
|
|
Delhi
|
6.1
|
4.5
|
13.5
|
75.7
|
0.1
|
100.0
|
Haryana
|
19.5
|
9.2
|
13.9
|
57.1
|
0.2
|
100.0
|
Himachal Pradesh
|
3.2
|
6.2
|
14.9
|
75.6
|
0.1
|
100.0
|
Jammu & Kashmir
|
24.8
|
22.3
|
27.5
|
25.4
|
0.0
|
100.0
|
Punjab
|
16.7
|
7.8
|
13.7
|
61.6
|
0.3
|
100.0
|
Rajasthan
|
37.1
|
15.3
|
21.9
|
24.4
|
1.3
|
100.0
|
Central
|
|
|
|
|
|
|
Madhya Pradesh
|
25.0
|
16.3
|
14.4
|
42.3
|
2.1
|
100.0
|
Uttar Pradesh
|
22.7
|
26.9
|
19.6
|
29.2
|
1.6
|
100.0
|
East
|
|
|
|
|
|
|
Bihar
|
22.9
|
30.1
|
26.6
|
20.4
|
0.0
|
100.0
|
Orissa
|
29.6
|
35.1
|
18.2
|
16.8
|
0.4
|
100.0
|
West Bengal
|
11.3
|
26.5
|
25.8
|
36.0
|
0.5
|
100.0
|
North-East
|
|
|
|
|
|
|
Arunachal Pradesh
|
0.8
|
15.0
|
46.9
|
37.2
|
0.1
|
100.0
|
Assam
|
1.8
|
18.2
|
32.7
|
46.9
|
0.3
|
100.0
|
Manipur
|
2.3
|
9.7
|
15.4
|
72.5
|
0.1
|
100.0
|
Meghalaya
|
6.7
|
30.0
|
24.9
|
38.1
|
0.3
|
100.0
|
Mizoram
|
0.7
|
8.0
|
27.9
|
63.3
|
0.0
|
100.0
|
Nagaland
|
10.9
|
21.2
|
25.5
|
41.7
|
0.7
|
100.0
|
Sikkim
|
3.1
|
17.5
|
31.8
|
47.3
|
0.3
|
100.0
|
West
|
|
|
|
|
|
|
Goa
|
37.3
|
20.2
|
4.0
|
37.9
|
0.6
|
100.0
|
Gujarat
|
29.5
|
14.2
|
14.9
|
41.2
|
0.2
|
100.0
|
Maharashtra
|
32.0
|
6.9
|
11.0
|
49.1
|
1.0
|
100.0
|
South
|
|
|
|
|
|
|
Andhra Pradesh
|
36.8
|
35.7
|
10.2
|
17.2
|
0.1
|
100.0
|
Karnataka
|
24.1
|
32.4
|
12.9
|
30.5
|
0.1
|
100.0
|
Kerala
|
47.6
|
13.2
|
5.6
|
3.7
|
0.0
|
100.0
|
Tamil Nadu
|
62.7
|
15.8
|
8.1
|
13.1
|
0.3
|
100.0
|
Source: India, National Family Health Survey (NFHS–II), 1998–99, International Institute for Population Sciences, Mumbai, India
Table 6.11: Anaemia among children
|
||||
Percentage of children aged 6-35 months classified as having
iron-deficiency anaemia by State, India, 1998–99.
|
||||
Percentage of children
|
Percentage of children with:
|
|||
State
|
anaemia
|
Mild anaemia
|
Moderate anaemia
|
Severe anaemia
|
India
|
74.3
|
22.9
|
45.9
|
5.4
|
North
Delhi
|
69.0
|
22.2
|
42.9
|
3.9
|
Haryana
|
83.9
|
18.0
|
58.8
|
7.1
|
Himachal Pradesh
|
69.9
|
28.7
|
39.0
|
2.2
|
Jammu & Kashmir
|
71.1
|
29.1
|
38.5
|
3.5
|
Punjab
|
80.0
|
17.4
|
56.7
|
5.9
|
Rajasthan
|
82.3
|
20.1
|
52.7
|
9.5
|
Central
Madhya Pradesh
|
75.0
|
22.0
|
48.1
|
4.9
|
Uttar Pradesh
|
73.9
|
19.4
|
47.8
|
6.7
|
East
Bihar
|
81.3
|
29.6
|
50.3
|
4.1
|
Orissa
|
72.3
|
26.2
|
43.2
|
2.9
|
West Bengal
|
78.3
|
26.9
|
46.3
|
5.2
|
North-East Arunachal Pradesh
|
54.5
|
29.1
|
24.7
|
0.7
|
Assam
|
63.2
|
31.0
|
32.2
|
0.0
|
Manipur
|
45.2
|
22.6
|
21.7
|
0.9
|
Meghalaya
|
67.6
|
23.4
|
39.8
|
4.3
|
Mizoram
|
57.2
|
32.2
|
22.7
|
2.3
|
Nagaland
|
43.7
|
22.0
|
18.7
|
3.0
|
Sikkim
|
76.5
|
28.4
|
40.7
|
7.5
|
West
Goa
|
53.4
|
23.5
|
27.9
|
2.0
|
Gujarat
|
74.5
|
24.5
|
43.7
|
6.7
|
Maharashtra
|
76.0
|
24.1
|
47.4
|
4.4
|
South
Andhra Pradesh
|
72.3
|
23.0
|
44.9
|
4.4
|
Karnataka
|
70.6
|
19.6
|
43.3
|
7.6
|
Kerala
|
43.9
|
24.4
|
18.9
|
0.5
|
Tamil Nadu
|
69.0
|
21.9
|
40.2
|
6.9
|
Note: Haemoglobin levels are adjusted for altitude when calculating the degree of anaemia
Source: India, National Family Health Survey (NFHS–II), 1998–99, International Institute of Population Science, Mumbai, India
Table 6.12: Vitamin A supplementation for
children
|
||
Percentage of children aged 12–35 months who received at least one
dose of vitamin A and who received at least one dose of vitamin
A within the six
months preceding the survey by State, India, 1998–99.
|
||
State
|
Percentage who received vitamin A
|
|
At least one dose
|
At least one dose within the past six months
|
|
India
North
|
29.7
|
17.1
|
Delhi
|
32.7
|
17.4
|
Haryana
|
45.2
|
21.4
|
Himachal Pradesh
|
71.1
|
35.1
|
Jammu & Kashmir
|
36.0
|
32.8
|
Punjab
|
56.5
|
30.2
|
Rajasthan
|
17.6
|
12.5
|
Central
|
|
|
Madhya Pradesh
|
24.4
|
14.7
|
Uttar Pradesh
|
13.9
|
9.5
|
East
Bihar
|
10.2
|
6.8
|
Orissa
|
42.0
|
26.4
|
West Bengal
|
43.4
|
23.5
|
North-East
|
|
|
Arunachal Pradesh
|
20.9
|
9.6
|
Assam
|
15.4
|
8.9
|
Manipur
|
38.4
|
18.8
|
Meghalaya
|
24.7
|
10.7
|
Mizoram
|
70.6
|
41.8
|
Nagaland
|
6.8
|
4.4
|
Sikkim
|
45.8
|
22.0
|
West
Goa
|
78.0
|
52.3
|
Gujarat
|
51.1
|
26.3
|
Maharashtra
|
64.7
|
36.6
|
South
Andhra Pradesh
|
24.8
|
14.0
|
Karnataka
|
48.4
|
22.8
|
Kerala
|
43.6
|
28.2
|
Tamil Nadu
|
16.2
|
10.0
|
Note : Table includes only surviving children from among the two most recent births in the three years preceding the survey
Source: India, National Family Health Survey (NFHS–II), 1998–99, International Institute of Population Sciences, Mumbai, India
per NFHS-II), and children in households with a high standard of
living (43.3 per cent as per NFHS-II) are considerably more likely
than other
children to receive vitamin A supplementation. Similarly, children from SC (27.1
per cent as per NFHS-II), ST (26.0 per
cent as per NFHS-II), and OBC households
(26.8 per cent as per NFHS-II) are less likely to receive vitamin A than other
children.
As is the case with immunisations, boys have a slight edge in vitamin
A coverage. In general, children from groups that are less
likely to have
received at least one dose of vitamin A supplementation are also less likely to
have received a dose in the past six
months.
504. State variations in the
percentage of children (one to three years) who received at least one dose of
vitamin A and the percentage
who received at least one dose within six months
are shown in table 6.12. The percentage of children aged 12–35 who
received
at least one dose of vitamin A supplementation ranges from seven per
cent in Nagaland to 78 per cent in Goa. In addition to Nagaland,
Bihar (10 per
cent), Uttar Pradesh (14 per cent) Assam (15 per cent), Tamil Nadu (16 per
cent), and Rajasthan (18 per cent) stand
out as having very low proportions of
children receiving at least one dose of vitamin A. In addition to Goa, Himachal
Pradesh (71
per cent) and Maharashtra (65 per cent) stand out as having
relatively successful vitamin A supplementation programmes. State variations
in
the percentage of children receiving at least one dose of vitamin A
supplementation within the past six months follow closely
the variation in the
percentage of children receiving at least one dose at any time in the
past.23
505. The Food and Nutrition Board (FNB), a
non-statutory ministerial wing of the Department of Women and Child Development
(DWCD)
is engaged in conventional activities as well as new initiatives
undertaken as a follow-up to the National Nutrition Policy. Nutrition
education
of the people in rural, urban and tribal areas is one of the primary activities
of the FNB. A total of 9,310 nutrition
demonstration programmes were organised
from April–December 1999. Of these, 8,405 were in rural areas and 4,152
for SC/ST communities.
About 0.415 million people, comprising mainly women,
benefited from these programmes. As many as 42.8 per cent of these belonged
to
the SC/ST community. Nutrition orientation of grassroot level functionaries and
their supervisors is undertaken by organizing
Integrated Nutrition Education
Camps (INECs) and Orientation Training Courses (OTCs), with a view to utilizing
the existing infrastructure
of the Government to impart basic nutrition messages
to the community.
506. The FNB strives to create nutritional awareness
through mass media communications as well. Video films and spots, developed and
produced in regional languages, are provided to the regional centres of
Doordarshan (official television channel) for telecast. Considering
the vast
outreach of radio, this medium of communication has also been well utilised by
the FNB for creating mass awareness in nutrition.
Video spots and radio spots on
infant nutrition have been developed during 1999–2000. A radio-sponsored
programme, Poshan aur Swasthya (Nutrition and Health), with 30 episodes
on various aspects of nutrition, has been prepared and is being launched
shortly. The programme
will be relayed through 30 commercial broadcasting
stations of All India Radio (AIR) in 12 regional languages in the country.
507. The nationwide celebration of important events like National
Nutritional Week, involving all the supporting agencies, through
Doordarshan,
AIR and leading newspapers; organizing melas (fairs)/exhibitions, films
and slide shows on nutrition education; relaying programmes on television and
AIR; and arranging press
coverage of integrated nutrition education programmes
for wider coverage are some of the important strategies adopted for creating
nutritional awareness among the masses. The XVIII National Nutritional Week was
observed throughout the country during 1–7
September, 1999, on the theme
of “Preventing Malnutrition among Children under Two Years”. The
theme for the year 2000
was “Malnutrition-An Obstacle to National
Development..” The support of the State Governments, educational
institutions
and NGOs was received. World Breastfeeding Week was observed on 1-7
August, 1999, on the global theme of “Breastfeeding—Education
for
Life”, throughout the country. The theme for the year 2000 was
“Breastfeeding is Your Right”. In collaboration
with the
Breastfeeding Promotion Network of India (BPNI), State Governments, NGOs and
home science colleges participated, and 869
demonstrations, 221 exhibitions, 184
film and slide shows and 287 other functions, including workshops, discussions,
and essay and
drawing competitions, were organized by the FNB.
508. The
community-based production of nutritious food, involving NGOs and women’s
groups, has been an important intervention
for meeting the nutritional needs of
children and women. Twelve such units were set up during 1993–97, with
one-time financial
assistance. These units produce low-cost nutritious food at
the community level, for use in supplementary feeding programmes. The
fortification of common foods with vital nutrients is one of the fastest and
most effective methods to ensure adequate nutrition.
In the past, the FNB
undertook programmes which included the fortification of wheat flour with soya
flour, the fortification of modern
bread with lysine/soya flour, and the
fortification of salt with iron.24
509. At present, 32
dairies in the country fortify milk with vitamin A. Efforts are also being made
to mobilize the Department of
Animal Husbandry and Dairying to take up
fortification of all toned and double-toned milk in the country through the
network of cooperative
dairies. Efforts are also in progress to explore the
possibility of fortifying wheat flour with iron and folic
acid.25
510. The Food and Nutrition Council was constituted
in November 1997. A draft National Nutrition Mission is under preparation. It
will aim to eradicate malnutrition in a time-bound fashion. The three important
areas of action will be:
511. Andhra Pradesh, Arunachal Pradesh, Chandigarh, Himachal Pradesh,
Maharashtra, Meghalaya, Manipur, Rajasthan, Sikkim and West
Bengal have
constituted State-level Nutrition Councils and inter-departmental committees.
Tamil Nadu and Gujarat have formulated
State Nutrition Policies. Karnataka,
Madhya Pradesh and Uttar Pradesh are finalizing State Plans of Action on
Nutrition.26
512. A pilot project to control micronutrient
deficiency was launched in 1995 by DWCD, with the objective of assessing the
magnitude
of fluorosis, including dental caries and to prevent and control zinc
deficiency at source, and assessing and improving the iron
and vitamin status of
schoolchildren. The programme is being implemented in one district each in five
States—Assam, Bihar,
Orissa, Tripura, Karnataka and West Bengal. An
integrated project on micro-nutrient malnutrition control is to be implemented
in
West Bengal and Gujarat with financial assistance from Micro-nutrient
Initiative (MI). The State Governments propose to cover the
most vulnerable
groups of the population namely, 0–2 year olds, adolescent girls, pregnant
and lactating mothers.27
513. District nutrition profiles of
187 districts, included in the India Nutritional Profile, 1998, have been
circulated widely to
various States and organizations with the request to focus
their development programmes on high-malnutrition districts.
514. The
Department coordinated the development of a national strategy for reducing
childhood malnutrition in the country under the
Regional Assistance Programmes
of the Asian Development Bank and UNICEF. The report has identified female
illiteracy, early marriages,
teenage pregnancies and lack of nutritional
awareness as some important determinants of
malnutrition.28
515. The Nutrition Cell in the Directorate
General of Health Services under the MOHFW, provides technical advice on all
matters related
to policy making, programme implementation and evaluation,
training content for different levels of medical and paramedical workers,
standards and labels for food, project evaluation, etc. The Cell also
coordinates the activities of the State Nutrition Divisions
(presently in 17
States and UTs). These are responsible for conducting diet and nutrition surveys
and in imparting training to different
categories of health workers who are
involved in imparting nutrition education to the
masses.29
516. In 1981, the World Health Assembly adopted an
International Code on the Marketing of Breast Milk Substitutes. The GOI
recognized
this Code and adopted the Indian National Code for Protection and
Promotion of Breastfeeding in December 1983. To give effect to
the provisions of
this Code, the Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and
Distribution) Act, 1992, came into force
with effect from August 1993. The Act provides for the regulation of production,
supply,
distribution and marketing of infant milk substitutes, feeding bottles
and infant foods with a view to protecting and promoting breastfeeding
and
ensuring the proper use of infant foods and for matters in connection therewith
or incidental thereto. The rules framed under
the Act also came into force with
effect from August 1993. In addition to food inspectors appointed under the PFA
Act, the Central
Government authorised the four voluntary
organisations—Central Social Welfare Board, Indian Council for Child
Welfare, Association
for Consumer Action of Safety and Health and the
Breastfeeding Promotion Network of India— engaged in the field of child
welfare
and development and child nutrition to make complaints in writing
against violations of the Act.
Box 6.5: Preventing malnutrition in Rajasthan
The 20th year of ICDS focused attention on the need to reach the
younger child and prevent malnutrition through the strengthened integration
of
health and ICDS, using immunisation contact points with pregnant women and
mothers of infants. A series of nationwide joint planning
and mobilisation
activities at the State, district and project levels were initiated to
specifically promote complementary feeding
and diarrhoea management. Rajasthan
conducted an Intensive Village Contact Drive. Over 480 Gram Sampark
Samoohs (village contact teams/VCTs) were constituted sector-wise to cover
AWCs in 11 districts of Jaipur and Ajmer divisions. The team comprised
four
members—the Sector Supervisor; Pracheta or Gram Sevika, wherever
available, representatives of local voluntary organisations/Nehru Yuvak
Kendra; and a folk artist.
At the village level, activities were coordinated by the VCTs together with
a local resource group consisting of the AWW, ANM, panchayat member,
women leaders, Bal Vikas Samiti members. The activities conducted include:
Prabhat Pheris by children in the 6–14 years age group;
Slogan writing by primary schoolchildren;
Enumeration of children under two years of age;
Village mapping for identifying households with sick/malnourished
children;
Demonstration of preparation of complementary foods for children;
Hand washing and hygiene practices;
Testing of salt for iodine content;
Preparation of ORS solution;
Showing and discussing use of IFA tablets, vitamin A solutions,
etc.,
Weighing of children below two years of age and growth promotion;
and
Use of folk media/puppet with all these messages.
|
Source: Integrated Child Development Services, Department of Women and Child Development, Ministry of Human Resource Development, GOI.
517. Efforts in this direction make India one of the leading countries with regard to legislations to protect, promote and support breastfeeding. As per the 1997 UNICEF report on the Progress of Nations, India is one of 16 countries in the world to have enacted legislations to implement the International Code on the Marketing of Breastmilk Substitutes in entirety. The GOI was awarded, during 1998, with the “Hopeful Baby Award” by the United Kingdom Food Group for imaginative and effective implementation of WHO/UNICEF International Code on Marketing of Breastmilk Substitutes. This is, indeed, a recognition of the efforts made by the Government. In order to check marketing malpractices in the sale and promotion of infant foods, efforts are under way to further strengthen the Act.30
518. Every year, some 12 million children in developing countries die before they reach their fifth birthday, many during the first year of life. Seven out of 10 of these deaths are due to acute respiratory infection (mostly pneumonia), diarrhoea, measles, malaria or malnutrition—or a combination of these conditions.
519. Acute respiratory
infection is a leading cause of death among infants and young children in India.
According to NFHS-II, 19 per
cent of children under three years in India
suffered from ARI (cough accompanied by short, rapid breathing). ARI is more
common among
boys than girls and among rural children than urban. The prevalence
of ARI is higher among ST children than among other children,
and children in
households with a lower standard of living. The smaller variation in prevalence
of ARI by most socio-economic characteristics
indicates that respiratory
infections affect children from all strata in India irrespective of the
socio-economic background. There
is, however, considerable variation in the
prevalence of ARI by State (See Table 6.13). The percentage of children under
three years
who suffered from ARI ranges from eight per cent in Karnataka to 30
per cent in Sikkim. Diagnosis of ARI in children—if done
early—can
be treated immediately with antibiotics, and a substantial proportion of
children can be saved from death. It is
estimated that one-fifth of children
with ARI receive no treatment.
520. The ARI Control Strategy of the Ministry
of Health and Family Welfare was developed during 1989 and has now become a part
of
the RCH programme. Health workers have been imparted training in ARI
management. Cotrimoxazole is being supplied to health workers
through the CSSM
kit. Communication messages focus on recognition of symptoms, and referrals are
channelled through mothers’
meeting, inter-personal communication with
ANMs and other sectors such as ICDS.
92. According to NFHS-II, 30 per cent of children suffer from fevers. The prevalence of fever is lower among children under six months (21 per cent) than among older children (28–34 per cent). In general, the prevalence of fever does not vary widely or in a predictable way with most of the remaining demographic and socio-economic characteristics. Fever tends to strike young children irrespective of the demographic and socio-economic background. The prevalence of the fever varies from 21 per cent in Gujarat to 42 per cent in Kerala. For more details see Table 6.13.
522. Diarrhoea is the second most important killer of children under five years, after ARI. Deaths from acute diarrhoea are most often caused by dehydration due to loss of water and electrolytes. Nearly all dehydration-related deaths can be prevented by prompt administration of rehydration solutions. Among children aged 1–35 months, those aged 6–11 months are most susceptible to diarrhoea (as is the case with ARI and fever). Differentials by sex of child, birth order, place of residence, and caste/tribe are small. Also, consistent with expectations, diarrhoea is somewhat less common among children living in households that boil water or use a water filter for purification of drinking water, than among other children. Children living in households that use surface water for drinking are more vulnerable to diarrhoea than children living in households that use other sources for drinking water.
Table 6.13: Prevalence of acute respiratory infection,
fevers and diarrhoea
|
||||
Percentage of children under three years who were ill with a
cough accompanied by rapid breathing (symptoms of ARI), fever or diarrhoea
during the two weeks preceding the survey and percentage with ARI who were taken
to a health facility or provider by State, India,
1998–99.
|
||||
|
Cough accompanied by rapid breathing (ARI)
|
Fever
|
Any diarrhoea1
|
Diarrhoea with blood
|
India
|
19.3
|
29.5
|
19.2
|
2.6
|
North
Delhi
|
16.9
|
35.7
|
30.1
|
1.6
|
Haryana
|
11.8
|
23.7
|
13.9
|
1.8
|
Himachal Pradesh
|
10.8
|
29.9
|
31.3
|
4.5
|
Jammu & Kashmir
|
22.2
|
39.4
|
32.8
|
4.1
|
Punjab
|
14.4
|
24.9
|
9.8
|
0.6
|
Rajasthan
|
22.0
|
25.8
|
19.8
|
3.4
|
Central
Madhya Pradesh
|
29.2
|
31.0
|
23.4
|
4.3
|
Uttar Pradesh
|
21.1
|
27.8
|
23.3
|
3.8
|
East
Bihar
|
21.7
|
31.0
|
17.7
|
2.9
|
Orissa
|
22.5
|
36.0
|
28.1
|
4.5
|
West Bengal
|
24.8
|
29.9
|
8.3
|
1.0
|
North-East
Arunachal Pradesh
|
25.4
|
38.5
|
23.4
|
3.0
|
Assam
|
17.8
|
28.4
|
8.2
|
2.2
|
Manipur
|
26.9
|
36.8
|
16.6
|
4.1
|
Meghalaya
|
28.8
|
41.2
|
21.8
|
6.1
|
Mizoram
|
11.2
|
35.9
|
23.0
|
3.5
|
Nagaland
|
18.4
|
34.0
|
21.7
|
2.6
|
Sikkim
|
30.0
|
31.3
|
31.0
|
2.5
|
West
Goa
|
17.1
|
34.4
|
18.7
|
0.6
|
Gujarat
|
11.0
|
20.7
|
19.7
|
1.3
|
Maharashtra
|
13.5
|
37.4
|
25.4
|
1.7
|
South
Andhra Pradesh
|
19.3
|
28.6
|
15.0
|
1.5
|
Karnataka
|
7.9
|
25.9
|
13.9
|
0.7
|
Kerala
|
22.8
|
41.5
|
11.6
|
0.9
|
Tamil Nadu
|
10.3
|
22.3
|
14.4
|
1.7
|
Note : Table includes only surviving children aged 1–35 months from among the two most recent births in the three years preceding the survey
1 Includes diarrhoea with blood
Source: India, National Family Health Survey (NFHS-2), 1998-99, International Institute of Population Sciences, Mumbai, India
523. Three
per cent of all children aged 1–35 months suffered from diarrhoea with
blood, a symptom of dysentery. Children under
six months had the lowest
prevalence of diarrhoea with blood (less than one per cent). Children of birth
order four or higher, children
living in rural areas, children whose mothers are
illiterate, ST children, children in households with a low standard of living,
children living in households using surface water for drinking and children
living in households using other means of water purification
or using unpurified
water for drinking, all had an increased risk of having diarrhoea with blood.
Prevalence of diarrhoea also varies
considerably by State (table 6.13).
Prevalence of any diarrhoea among children aged 1–35 months during the two
weeks preceding
the survey ranged from eight per cent in Assam and West Bengal
to 33 per cent in Jammu & Kashmir. Prevalence of diarrhoea with
blood was
highest in Meghalaya (six per cent).31
524. The Oral
Rehydration Therapy (ORT) programme of the MoHFW was started in 1986–87,
with the objective of preventing death
due to dehydration caused by diarrhoeal
diseases among children under five years of age. Oral Rehydration Solution (ORS)
has been
used as a drug of choice for proper management of diarrhoea. To make
ORS packets widely available, States have been advised to market
ORS packets
through the public distribution system. A national standard for ORS has also
been developed. Since diarrhoea is also
a major cause of malnutrition among
children, adequate nutritional care of the child with diarrhoea and proper
advice to mothers
on feeding are two important thrust areas of this
programme.
525. The proportion of infants dying of diarrhoeal diseases has
been decreasing all over the country. Efforts to educate parents and
health
workers through new, more community-oriented approaches about the use of ORS and
the need for increased fluids and feeding
during diarrhoea need to be stepped up
to reach those whose knowledge remains low. With a ready supply of ORS available
24 hours
a day at a depot in each community—rural and urban—and the
widespread knowledge and belief by parents and health workers
alike, that this
is indeed a life-saving technology, deaths from diarrhoea could be reduced by a
substantial 60–70 per cent.
526. India saw a steady increase in number of leprosy cases through successive decades after Independence, starting with 1.37 million in 1951 and reaching four million estimated cases in 1981. The main factors behind this progressive rise were a rapid increase in the population, better case detection activities and greater community awareness leading to voluntary reporting. The National Leprosy Control Programme became operational in 1955. Later redesignated as the National Leprosy Eradication Programme, it aimed to actively arrest the disease in all the known leprosy cases in the country by 2000. After the World Health Assembly Resolution in 1991, the objective of the Programme was defined to achieve the elimination of leprosy by the end of the century, thereby reducing the caseload to one or less/10,000 population.32
National TB Control Programme.
527. Tuberculosis continues to remain one of the most pressing health problems in India. It is estimated that 50,000 children under five years of age die of childhood TB every year.33 India launched the National Tuberculosis Control Programme (NTCP) in 1962 which was integrated with the Primary Health Care Delivery System and is implemented through District Tuberculosis Centres (DTC), of which 446 have been established. In addition, there are 47,600 TB beds in the country, 330 TB clinics in urban areas and 17 State TB Training and Demonstration Centres.34
528. The National
Programme for Control of Blindness (NPCB) was launched in 1976. Various
activities of the programme include establishment
of Regional Institute of
Ophthalmology, upgradation of medical colleges and district hospitals and
block-level Primary Health Centres,
development of mobile units, and recruitment
of required ophthalmic manpower in eye-care units for provision of various
ophthalmic
services. The programme also extends assistance to voluntary
organizations for providing eye-care services, including cataract operations
and
eye-banking. The goal was to reduce the prevalence of blindness from 1.4 per
cent to 0.3 per cent by 2000.
529. Voluntary organizations are playing an
important role in this programme. With the success achieved and experience
gained through
the pilot districts, District Blindness Control Societies (DBCS)
have been established throughout the country. To date, 512 DBCS
have been
established.
530. An agreement was signed between the GOI and the Government
of Denmark to provide support for the development of services under
NPCB.
531. A World Bank-assisted Cataract Blindness Control Project is under
implementation since 1994-95 at an estimated cost of Rs 554
crore for seven
years in the States of Andhra Pradesh, Madhya Pradesh, Maharashtra, Orissa,
Rajasthan, Tamil Nadu and Uttar Pradesh.
Major inputs of the project are
upgrading the ophthalmic service, expanding the coverage in rural and tribal
areas, establishment
and functioning of DBCS, training ophthalmic manpower,
improving the management information system and creating awareness about the
programme among the masses.
532. A mid-term review of the project was
undertaken during 1988 to assess the progress through rapid assessment survey,
facility
survey and beneficiary assessment survey. The surveys were conducted by
independent organizations to find out the level of prevalence,
outcome of
surgery, coverage and satisfaction of beneficiaries, their knowledge, attitude
and practices for eye-care and quality
of life after
surgery.35
533. Other serious health problems which affect
children are kala-azar, which is prevalent in Bihar and West Bengal,
predominantly in the districts adjoining the Ganges river. Japanese encephalitis
is
a serious public health problem, which has been reported from 24 States and
UTs. Outbreak of dengue fever has been reported from
various parts of the
country, primarily from urban areas.
534. Varumun Kappom (prevent it
before it comes), a campaign approach to health care was launched at sub-centre
level for 5000 population groups, by
the Government of Tamil Nadu. A
comprehensive health check-up by a team of doctors, including specialists, was
taken up by the Government.
A separate director and special officer were
appointed to monitor the implementation of the programme. Early detection of
congenital
deformities/diseases like rheumatic heart diseases, leprosy and
anaemia and referrals for treatment of the same were also undertaken.
Access to
information on personal environmental and hygiene, as well as nutrition
education were also made available.36
535. The Government of
Tamil Nadu initiated the special health check-up for primary school students in
1965. It basically aims at
screening all schoolchildren for common ailments,
referral of children with problems to health institutions for full check-up and
treatment, and creating awareness among community and teachers about health
problems among children. The programme Vazhvoli Thittam has been revamped
and is aimed at early detection of disabilities among
schoolchildren.37
536. Other innovative programmes include a
radio programme for adolescent listeners in the districts covered under the
DANIDA project.38
537. The National Family Welfare Programme in India
has traditionally sought to promote responsible and planned parenthood through
voluntary and free choice of family planning methods, best suited to individual
acceptors. With regard to family planning, the new
approach emphasizes
target-free promotion of contraceptive use among eligible couples, the provision
to couples of a choice of contraceptive
methods and the assurance of high
quality care. An important component of the programme is the encouragement of
adequate spacing
of births, with an attempt to ensure three years of
spacing.
538. The new National Population Policy (NPP), 2000, adopted by the
GOI, has set as an immediate objective the task of addressing
the unmet need for
contraception in order to achieve the medium-term objective of bringing the
Total Fertility Rate (TFR) down to
replacement level by the year
2010.
539. Family planning methods and services in India are provided
primarily through a network of Government hospitals and urban family
welfare
centres in urban areas and PHCs and Sub-centres in rural areas. Family planning
services are also provided by private hospitals
and clinics as well as NGOs.
Sterilization and IUD insertion are carried out mostly in Government hospitals
and PHCs. Modern spacing
methods such as IUD, the pill and condoms are available
through both the Government and the private sector. It is expected that since
levels of urbanization and education in India are rapidly increasing, reliance
on private sector services is likely to expand in
future.
540. For many
years, family planning programmes have been using the electronic and other mass
media to promote family planning. Studies
have confirmed that even after
controlling the effect of residence and education, exposure to the electronic
mass media has a substantial
effect on contraceptive use. Results indicate that
messages disseminated through the mass media reach 60 per cent of ever-married
women in India. The most common source of family planning messages is
television. Forty-four per cent of ever-married women report
having seen a
family planning message on television, followed by radio (38 per cent), wall
painting or hoarding (31 per cent), newspapers
and magazines (18 per cent), and
cinema/film shows (13 per cent). Only four per cent were exposed to a message
through drama, folk
dance, or street play. Eighty-three per cent of urban
ever-married women report seeing or hearing a family planning message from
at
least one media source as compared to 52 per cent of women in rural areas. Urban
women are more likely than rural women to have
been exposed to a message through
each form of mass media.39 Forty-three per cent of current users of a
modern method of contraception said that they adopted a method on their own. It
can be
presumed that the widespread exposure to family planning messages has led
to this. Twenty-one per cent of current users said that
a Government health
worker had motivated them. The role of Government workers in motivating users in
rural areas is particularly
important.
541. The findings of NFHS–II on
fertility and family planning have recorded implications for programme
intervention on family
planning. Although the TFR has come down from 3.4 to 2.9
per cent, current fertility continues to be characterized by considerable
amount
of child bearing. Fertility declines sharply with women’s education. The
TFR for women who have completed at least high
school is 2.0 compared with TFR
of 3.5 children for illiterate women. If women were to have the number of
children they wanted, the
TFR would be 2.1. This suggests that if women are
helped to meet their own desired family size goals, the family planning
programme
can successfully meet the objective of replacement level fertility.
However, son preference continues to play an important role in
fertility levels.
542. Knowledge of contraception is nearly universal, with the highest
knowledge being about female and male sterilization, followed
by the pill, the
condom and IUDs. However, knowledge about the last three methods is particularly
low in Andhra Pradesh, Madhya Pradesh
and Orissa. Contraceptive prevalence
varies across States, from 67–68 per cent in Himachal Pradesh, Punjab and
West Bengal
to 20–30 per cent in Bihar and Uttar Pradesh. Female
sterilization is the single most popular method in every State. The public
medical sector is the source of contraceptives for 76 per cent of all users of
modern contraceptives, while the share of the private
medical sector is 17 per
cent. The private medical sector and shops, however, are the main source for
three out of four users of
pills and condoms.
543. Sixteen per cent of
currently married women in India have an unmet need for family planning, that
is, they are not using contraception
even though they do not want any more
children, or they want to wait for at least two years before their next child.
The unmet need
for family planning has fallen since NFHS-I, which it was 20 per
cent at that time.
544. A major criticism of the family planning programme
in India has been that it has always emphasized the role of the woman. Female
sterilization is much higher than male sterilization and use of IUDs and the
pill is higher than that of condoms. In fact, family
planning is seen as the
responsibility of the woman/mother and not of the man/father. This lack of
responsibility in sexual behaviour
and in matters of conception and
contraception by men has been identified as a major area of concern requiring
change in male sexual
behaviour and acceptance of male contraceptives.
545. Gender bias in health care-seeking behaviour is extremely pronounced.
Extended periods of childbearing exist in several high
fertility States. These
States also tend to demonstrate the highest MMR. Fertility reduction can arrest
the deterioration of women’s
health. Child survival and fear of losing
children influence fertility behaviour—30 per cent of all deaths in
children occur
before the age of five. Rural women have more children, and they
also suffer the greatest losses in terms of death of children.
546. The
budgetary allocation for family planning in the First Five-Year Plan
(1951–56) was Rs 65 lakh. In the budget for 2000–2001,
the budget
for family welfare is Rs 3,520 crore (the Department of Family Welfare is
demanding a doubling of this figure to implement
the new population policy). In
short, the expenditure on family planning/welfare has risen at a much faster
rate than the growth
of population.40
547. The National Population Education Programme has been working to attain the institutionalization of population education in the education system of the country. Population Education Programme in School Stream, which entered Phase IV (1998–2001) in June 1998, is being implemented almost as a new project. It is now known as Population and Development Education in Schools. The overriding objective of the project is the institutionalization of re-conceptualized population education in the content and process of school education. The project is being implemented by National Council for Education Research and Training (NCERT) at the national level and State Councils for Education Research and Training (SCERTs)/State Institutes of Education (SIEs) at the State/UTs levels.41
548. The NPP has sought to address these challenges towards achieving TFR of 2.1 and it lays down specific goals to be achieved by 2010. Those which impact the child include;
549. The NPP, 2000, is a unique initiative, which incorporates lessons learned, and move forward by replicating successes. The policy has identified 13 strategic themes:
Box 6.6: National Population Policy, 2000
The NPP, 2000, the affirms the commitment of the Government towards
voluntary and informed choice and consent of citizens while availing
of
reproductive health care services, and continuation of the target-free approach
in administering family planning services. The
NPP, 2000, provides a policy
framework for advancing goals and prioritising strategies during the next
decade, to meet the RCH needs
of the people of India, and to achieve net
replacement levels (TFR) by 2010. It is based upon the need to simultaneously
address
issues of child survival, maternal health and contraception, while
increasing outreach and coverage of a comprehensive package of
RCH health
services by the Government, industry and the voluntary non-government sector,
working in partnership.
|
Source: National Population Policy, 2000, GO.I
550. The NPP, 2000, is to be largely implemented and managed at panchayat and nagar palika levels, in coordination with the concerned State/UT administrations. Accordingly, the specific situation in each State/UT must be kept in mind. This will require comprehensive and multi-sectoral coordination of planning and implementation between the areas of health and family welfare on one hand, along with schemes for education, nutrition, women and child development, safe drinking water, sanitation, rural roads, communications, transportation, housing, forestry development, environmental protection, and urban development on the other. Accordingly, the following structures are recommended:
551. The State Governments are also in the process
of finalising the State Population Policy. Rajasthan, Madhya Pradesh and Andhra
Pradesh have already adopted the Population Policy.
552. India’s
population is the second largest in the world and, if unchecked, may just cross
that of China by the year 2045,
the year in which the country is expected to
achieve population stabilisation. However, the progress of India’s States
and
UTs differ greatly. Many States and UTs have reached replacement levels of
fertility (a TFR of 2.1). These are Kerala, Tamil Nadu,
Delhi, Goa, Nagaland,
Andaman & Nicobar Islands, Chandigarh and Pondicherry. Another
13 States and UTs have a TFR between 2.2
and three and it is estimated that
they will reach replacement levels between 2002 and 2010. This includes among
other Andhra Pradesh,
Gujarat, Himachal Pradesh, Maharashtra and Karnataka.
553. Five States, viz., Bihar, Uttar Pradesh, Madhya Pradesh, Rajasthan and
Orissa, had 44 per cent of India’s population in
1996, and are projected
to comprise 48 per cent of the total population in 2016. In other words, these
States alone will contribute
55 per cent of the population growth in the period
1996 to 2016. The performance of these States will, therefore, determine the
year
and size of the population at which the country achieves replacement level
of fertility and later population stabilisation. Out of
these five States, the
performance of Orissa has been encouraging as it has reached a TFR of three and
is likely to achieve the replacement
level by 2010. However, the other four
States have TFR between four and 4.8 and they are expected to reach the
replacement level
in 2039 (Bihar), 2048 (Rajasthan), beyond 2060 (Madhya
Pradesh) and beyond 2100 (Uttar Pradesh).
554. These figures have tremendous
implications for India, as every delay in reaching populationn stabilization
will mean that much
extra stress on limited resources, and that much time taken
for India to become a fully developed country. It is noteworthy that
India’s largest States are comparable to countries in Europe, Africa,
Latin America or Asia in terms of population. In fact,
the population of Uttar
Pradesh, which is projected to have crossed 170 million, is comparable to the
population of the most populous
countries in the world. Only five countries,
viz., China, India, USA, Indonesia and Brazil, have populations larger than
Uttar Pradesh.
555. Medical termination of pregnancy (MTP) is a reproductive health
measure that enables women to opt out of an unwanted/unintended
pregnancy in
certain specified circumstances, without endangering their life and well-being,
on socio-medical grounds through MTP
Act, 1971. The aim of the Act was to reduce
maternal mortality and morbidity due to illegal/unsafe abortions. To make safe
abortion
services accessible to all women in the country, the the GOI, under the
RCH programme, is expanding and improving MTP facilities
and their utilisation.
556. Under the Prenatal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994, prenatal diagnostic techniques and
genetic counselling may be
conducted in genetic clinics, genetic laboratories and genetic counselling
centres registered under the
Act. Use of prenatal diagnostic techniques must
comply with the conditions prescribed in the Act, and is permitted solely for
detecting
foetal abnormalities. Disclosure of the sex of the foetus is
prohibited. The ground reality, however, is that female foeticide is
becoming
more prevalent in spite of the legal provisions. The first private sex
determination clinic was set up in Amritsar, Punjab,
in 1979, and this trend
later spread to cities of northern and western India. This had adversely
influenced the sex ratio in certain
parts of the country. In Punjab, the
under-five sex ratio fell from 925 per 1000 males in 1981 to 874 females in
1991. Sex determination
clinics have now also reached southern and western
India. The primary reason for the increasing popularity sex determination tests
is the preference for the male child. However, the phenomenon of adverse sex
ratio is not peculiar to India and suprisingly, even
the more developed
countries of South and Southeast Asia, such as Sri Lanka and Thailand, have sex
ratios which are unfavourable
to females.43
HIV/AIDS
557. In India, the HIV/AIDS infections are now
over a decade old. Within this short period, it has emerged as a serious public
health
problem in the country. The prevalence of HIV has been reported in all
States and UTs.44
558. Prevalence levels of HIV is still low
in India at less than one per cent of the adult population. The number of
infected individuals,
however, is now extremely large, doubling in the last four
years to an estimated 3.5 million (1998). Data from sentinel surveillance
point
to a rapid evolution of the epidemic in the southern and western
parts of India. Andhra Pradesh and Karnataka have now overtaken Tamil Nadu to
join Maharashtra as States with the highest
prevalence of HIV. A distinct but
continuing epidemic amongst injecting drug users in Manipur, risks spreading to
neighbouring States
in the North-East and to major metropolitan centres. The
majority of northern States still report very low levels of HIV. Their
vulnerability
to the epidemic, however, in terms of male migration, adverse
gender norms and weak infrastructure makes action in these States critical
for
the future path of the epidemic.45 It is estimated that around
160,000 children in India are living with HIV/AIDS.46 The predominant
mode of transmission of AIDS is through heterosexual contact, followed by blood
transfusion, blood products and the
use of injectable drugs. The trends indicate
that HIV infection is spreading in two ways: from urban areas to rural areas,
and from
individuals using risky practices to the general population. The data
from ante natal clinics indicate a rise in the prevalence of
HIV among women,
which in turn, contributes to an increase in HIV infection among
children.47
559. Soon after the first case of AIDS was detected in the country in 1986, the National AIDS Committee was constituted under the chairmanship of the Minister of Health and Family Welfare to facilitate effective coordination between various ministries, NGOs and private institutions for implementation the National AIDS Control Programme.48 Realizing the gravity of the epidemiological situation of HIV infection in the country, the GOI launched the National AIDS Control Programme in 1987. The programme focused on increasing awareness of HIV/AIDS, screening blood for HIV and testing individuals practising risky behaviour. The objectives of the first phase of the programme were to prevent HIV transmission, decrease the morbidity and mortality associated with HIV infection, and minimise the socio-economic impact of HIV infection. The project consisted of five components:
560. The National AIDS Control Organisations (NACO) was set up to review
the policies on the prevention and control of HIV and AIDS.
NACO was set up at
the Central level. State AIDS cells were established in the 26 States and
six UTs for the implementation of the approved schemes.
561. In addition to
the 815 blood banks in the Government, voluntary and charitable sectors
modernized in Phase I of National AIDS
Control Programme (NACP), NACO has
proposed to modernise or set up 20 major blood banks and 40 blood component
separation units in
the country during Phase II of NACP. Eighty district-level
blood banks are also proposed to be set up in those districts of the country
which may not have blood banks, during this period.
562. State Blood
Transfusion Councils have been strengthened by providing them with additional
funds and also by supportive supervision
of their activities so that they
strengthen the monitoring mechanism of blood banks in the States. The State
Blood Transfusion Councils
are now supplementing the activities of the State
AIDS Control Societies in improving blood transfusion services. Training of drug
inspectors who are the regulatory authorities for blood banks has also been
stepped up and the regulatory mechanism strengthened.
563. Augmentation of
voluntary blood donation has received increased attention both at the national
and State levels. The WHO theme
for World Health Day 2000 was “Safe blood
starts with me –Blood saves lives” and in this context, a number of
activities
were conducted during the year to promote voluntary blood donation.
Substantial IEC material was produced and distributed all over
the country with
the help of voluntary organisations. During this campaign, long-time voluntary
blood donors were felicitated and
public awareness for voluntary blood donation
raised.49
564. Phase II of NACP received approval from the Union Cabinet on 26 August 1999, with a total layout of Rs 14, 250 million. The programme was formally launched on 15 December 1999. The project has three important external partners:
565. The objective of the Second AIDS Control Project is to restrict the spread of the infection to less than five per cent in Maharashtra, less than two–three per cent in Andhra Pradesh, Karnataka, Manipur and Tamil Nadu and less than one per cent in the rest of the country, and to achieve the above objectives through a strategy which has the following important features:
|
Table 6.14: Unrounded estimates of the HIV/AIDS
epidemic
|
||||
India
Year
|
People living with HIV/AIDS
|
Adults living with HIV/AIDS
|
Women living with HIV/AIDS
|
Children living with HIV/AIDS
|
1997
|
3,237,060
|
1,102,994
|
1,150,83
|
134,067
|
1998
|
3,478,984
|
3,333,779
|
1,227,663
|
145,205
|
1999
|
3,704,545
|
3,548,937
|
1,298,197
|
155,609
|
2000
|
3,914,355
|
3,749,060
|
1,362,961
|
165,295
|
Source: UNAIDS-Joint United Nations Programme on HIV/AIDS, Facts and Figures
National AIDS Prevention and Control Policy
567. A comprehensive Draft National AIDS Prevention and Control Policy seeks to prevent the epidemic from spreading further and to reduce its impact not only on the infected persons but on the health and socio-economic status of the general population at all levels. The specific objectives of the policy are:
Counselling
568. People with HIV/AIDS experience a variety of health care and social support needs during the course of their illness. A major drawback is the persistence of stigmatization and discrimination against HIV-infected individuals. This is being countered by PLWAs in some places, who are increasingly becoming open about their illness. It has become necessary for them to face the challenges of this infection and reduce the stress under which they are having to live. As more and more people are getting infected with HIV, the issue of providing care and support, both at the clinical and social level, has become more pertinent. Past experience shows that as soon as the infection is identified, not only the person concerned but also the entire family is subjected to innumerable problems ranging from harassment to total isolation in the community. There have been instances of refusal to admission of AIDS cases in Government hospitals and private nursing homes. There is a need, therefore, to eliminate many a misconception and strengthen health care and social support systems. Care and support, including home-based care and continuum of care has been taken up as an integral component of the National AIDS Prevention and Control Policy. Counselling services to HIV-infected persons are being provided through trained counsellors. Pre-test, post-test and ongoing counselling form the important aspects of counselling. NACO has set up a National AIDS Helpline, which offers counselling services round-the-clock. The telephone is linked to a computerized voice response system, which gives information on various issues related to HIV/AIDS, such as general information, symptoms of HIV infection/AIDS, facilities for testing of HIV, provision of care and support service for those infected and affected by HIV/AIDS. Interested callers can also avail of personal counselling. Such services have been successfully implemented in 35 cities across the country.52
669. Community care is an age-old concept practiced for thousands of years under the Indian system of medicine, Ayurveda. In this system, patients are provided care and support in hermitage life settings, therefore, providing an ideal situation for a life free from discrimination and hatred. For providing community care to AIDS patients, a centre has already been opened by the Sisters of the Missionaries of Charity, which is functioning since 1995. Community care centres can be useful in the following ways:
Six community care centres exist in India at present. As more HIV infected persons develop full-blown AIDS, there will be a need to develop more hospice and community-based care centres.53
Mother-to-child transmission
570. Under the National AIDS Control Programme, the GOI has initiated a feasibility study for the prevention of mother-to-child transmission by AZT prophylaxis (also know as Zidovudine) in 11 centers in five states with high prevalence of HIV infection. These are Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh and Manipur. The objective is primarily to assess the feasibility of administering AZT to prevent mother-to-child transmission of HIV infection in pregnant mothers.
571. In the 11 centres, pregnant mothers are imparted education-cum-counselling services in order to make them understand the risk of HIV/AIDS and its implication on the health of the child. They are also informed about the ways and means of preventing transmission, including administration of AZT prophylaxis. All the mothers who accept HIV tests voluntarily are enrolled for the study and tested for HIV infection after informed consent and one-to-one pre-test counselling. Mothers who are found to be positive are counselled about the consequences of HIV infection and the importance of AZT prophylaxis in prevention of infection to the child. Mothers opting for the prophylaxis are provided AZT after 36 weeks of pregnancy54 .
Box 6.7: Strategic focus of each UN agency within the
national response
WHO will continue to focus on surveillance, blood safety; clinical
care; and STDs (especially on syndromic management), extending this
to the
continuum of care and ensuring that analysis of epidemiological and behavioural
data informs all the agency responses, working
closely with NACO and UNICEF on
Mother to Child Transmission (MCT).
UNDCP will focus on introducing HIV/AIDS issues into existing
national drug demand reduction projects, currently planned to be supported
by
UNDCP (especially in the north-east of India), establishing linkages between the
two programmes and identifying strategic gaps
in drug related HIV
programmes.
UNIFEM will assist in building capacities of women’s
organisations, bringing in gender perspectives to the national HIV policy and
programme, and help forge a partnership between Government and women’s
organisations in addressing issues of HIV and AIDS.
UNESCO will take lead in reaching young people out-of-school in
non-formal education and include HIV in curricula across the spectrum of
educational programmes.
UNDP will facilitate empowerment of vulnerable and marginalised
populations, making HIV an integral part of its Human Development goals,
working
with NGOs and partnerships with civil society including PLWAs.
UNFPA will work within its core areas of support, related to HIV in
condom programming, reproductive health, and adolescent reproductive
health.
Specifically drawing on its 38 district level projects in six States, to model
and define approaches to integrate HIV/STD
control into RCH and the PHC system,
and carry out research on population projections on HIV and operational research
on the female
condom, and microbicides.
UNICEF will take a lead with WHO in demonstrating feasible
strategies for MCT; and within its CRC mandate, develop strategies for
involvement
of youth, especially tackling discrimination; and supporting
formative research on areas related to vulnerability of children (street
children/orphans, etc.,)
ILO will initiate actions in promoting the active
involvement of its social partners (Employers and Unions) in tackling HIV
especially
at workplace interventions and protecting rights of HIV positive
workers.
|
Source: India Responds to HIV/AIDS: A strategic response to the HIV
epidemic by the GOI, the UN and its Development Partners in
India
Information, education and communication strategy for
HIV/AIDS
572. Communication continues to be one of the most important strategies in the fight against HIV/AIDS. In the absence of a vaccine or a cure, prevention is the most effective strategy for control. In India, the majority of the population is still uninfected. It, therefore, becomes imperative to continue intensive communication efforts that will not only raise awareness levels but also bring out behaviour change for prevention.
573. The IEC strategy in NACO is operationalised at
two levels. At the national level, political and media advocacy, and the
creation
of a supportive environment that reduces social stigma and
discrimination and provides better access to services have been taken
up. At the
State level, the IEC activities have been decentralised keeping in mind the need
to respond to local priorities and communication
in local languages. In order to
create baseline data for the AIDS-II Project, NACO has directed the State AIDS
Control Societies
to conduct a communication needs assessment in every state on
the basis of which a state-level IEC plan will be developed.
The objectives
of the IEC strategy in the National AIDS Control Programme are:
National level IEC activities
2000-2001
Electronic media
574. NACO is utilising the massive outreach of Doordarshan and private satellite channels for telecast of messages on HIV/AIDS prevention and control during prime-time. These include messages on sexually transmitted diseases, blood safety and voluntary blood donation. Some of the specific activities are as follows:
NACO has sponsored classical music “Spirit of Unity Concerts” to mainstream the issue of HIV/AIDS and to reach out to the cultural elite and other educated classes through this programme;
NACO developed two audio and two video spots focusing on the vulnerability of young people to HIV. The spots were prepared by Thompson Social in an animated format and were telecast/broadcast on the prime channels of Doordarshan, satellite television and radio from 15 November – 31 December 2000. Press advertisements were also developed as part of this campaign. It is now proposed to evaluate the impact of this campaign before undertaking new activities;
Interactive communication, publicity of best practices and sharing of experiences is an important communication strategy for the prevention and control of HIV/AIDS;
Print media
575. The IEC department of NACO has prepared several packages of materials aimed at various population groups, to be used by the outreach workers, health workers and peer educators working in government as well as non-government organizations. Some of the important packages are as follows:
National AIDS Telephone Helpline
576. A toll-free National AIDS Telephone Helpline has been set up to provide access to information and counselling on HIV/AIDS-related issues. This is a computerized four-digit number, 1097, with a voice-response system linked with the telephonic hotline. This is a very popular service, since it maintains the confidentiality of the callers and helps the caller clarify doubts and access personal counselling without revealing their identity. The telephone helpline has been extended to 35 cities/towns all over the country.
577. Young people are among the most vulnerable to HIV/AIDS. School AIDS Education is one of the important programmes that focuses on students to raise awareness levels, help young people resist peer pressure and develop a safe and responsible lifestyle. The programme reinforces family values and respect for the opposite sex. The activities include training of teachers and peer educators among students, role playing, debates and discussions, question box and access to referral services, if necessary. A training module has been developed for the programme in consultation with UNICEF and Sewadham, an NGO based in Maharashtra, which has successfully implemented the programme.55
578. Information,
Education and Communication (IEC) on health activities have been organized on a
priority basis in the most vulnerable
districts of India. Greater emphasis has
been laid on a more judicious media-mix on the basis of local-specific media
forms and need-based
inter-personal communication schemes. More stress has been
laid on grassroots level communication for those audience segments which
cannot
be reached by the conventional mass media channels. Remote areas have been
covered by adopting a multi-media strategy, song
and drama programmes and print
material designed for semi-literates and neo-literates in a systematic manner.
The IEC strategy is
now being focused on the socio-economically backward
districts as well as the weaker States.
579. As part of the new strategy to
utilize the services of eminent film-makers, the ministry has requested them to
make feature films
on reproductive health issues. Shyam Benegal’s Hari
Bhari, a film on reproductive health problems of women in Muslim families
has been completed. A radio programme based on folk music, Lok Jhankar
(Information for People), is broadcast twice a week from 22 stations of
Vividh Bharati (a radio channel) to enlighten the audience in
Hindi-speaking areas on RCH and family welfare issues. Hoardings have been
installed
at prominent places in six big cities of northern India with messages
on RCH and family welfare issues. To make local-specific IEC
activities more
effective, Zilla Saksharata Samitis (District Literacy Committees) are
being involved to chalk out area-specific IEC campaigns on vital RCH issues for
every district.
In this way, family welfare is being integrated with education
at the district level and below.56 To orient the community to the
principles of RCH, a massive awareness generation campaign has been started
under the RCH programme.
This campaign elicits the participation of all segments
of the society for appropriate child health practices, amongst other things.
A
notable feature of this programme is the involvement of Panchayati Raj
Institutions (PRI). Breastfeeding is being promoted through the Baby-Friendly
Hospital Initiative. Projects are being sanctioned
to NGOs to promote
breastfeeding and to enable hospitals and other health facilities to get
certified as “baby friendly”.
Communities are also being informed
about child health practices through the mass media, including advertisements in
papers, panel
discussions on TV and radio and through the organization of talks
and seminars by experts.58
580. During 1999–2000, six
rounds of the Intensified Pulse Polio Immunisation (IPPI) programme were
organized—four nationwide
rounds, once a month from October 1999 to
January 2000, and two more sub-national rounds in eight States—Gujarat,
Rajasthan,
Madhya Pradesh, Bihar, Uttar Pradesh, Orissa, Assam and West Bengal.
It has been recognised that success in generating awareness
through a focused
IEC campaign was the key to the success of the IPPI programme. A number of
audio-visual programmes were produced
in Hindi and other regional languages.
Video spots were telecast on the national network (Doordarshan). Seven spots on
RCH and PPI
were completed. In addition, production of spots on family welfare
issues and Haseen Lamhe (Beautiful Moments), a 15-minute radio programme,
were broadcast in Hindi and 11 regional languages, from 30 stations of the
commercial
broadcasting services of AIR. The programme covered family welfare,
RCH and population issues in an interesting and absorbing manner.
The media unit
of the Ministry of Information and Broadcasting provided communication support
to the family welfare programmes. The
focus was on child health problems,
population growth, status of women, small family norms and the community needs
assessment approach
(CNAA). Doordarshan telecast video spots on a range of RCH
issues, including polio eradication.
581. A major opportunity for promoting early child development opens up with the recent clearance of the World Bank-assisted Women and Child Development Project. The project covers ICDS service quality improvement in five States—Tamil Nadu, Kerala, Maharashtra, Rajasthan and Uttar Pradesh. It includes a nationwide training component—Udisha, which focuses on improving the quality of training of ICDS child care functionaries and care givers. UNICEF is also a technical and financial collaborator in the project, which seeks to improve the quality and cost-effectiveness of ICDS. Main project benefits would be:
Training
582. The National Institute of Health and Family Welfare (NIHFW) was instituted by the GOI as the nodal agency to coordinate the various training activities under the RCH programme all over the country. Twenty-five two-day workshops were organized in eight States/UTs to sensitize obstetricians, gynecologists, family physicians and medical professionals in the Government on the RCH programme. A project called Improving Access to Quality Reproductive and Child Health Services was implemented through the IMA. Under this, 50 institutions, such as private nursing homes, hospitals and MCH centres, were identified as RCH centres. Each RCH centre would serve a population of one lakh, by providing services like tubectomy, vasectomy IUD insertion, other family planning services and counselling. Twenty-five workshops of two-days’ duration each were organised in different States of the country by the Indian Academy of Paediatrics (IAP). The objective was to orient members of IAP on the concepts of RCH with a view to improving their knowledge and skills related to RCH. Two South East Asian regional training courses in population and reproductive health management were organized by the Indian Institute of Health and Family Welfare, in collaboration with Mahidol University, Bangkok. A collaborative six-week training programme was organized by the Institute of Economic Growth, Delhi and Chulalkorn, Bangkok, for mid-career medical personnel on economics for health analysis.
Box 6.8: Catch ‘em young
A best practice case study on school based AIDS prevention education
programmes in Maharashtra, India
Maharashtra, situated on the west coast of India, is the third largest
State in the country. It has a total population of 78.9 million,
with a literacy
rate of 63 per cent. The capital of Maharashtra, Mumbai (previously known as
Bombay), is the largest city in India.
It has a population of 12.57 million. In
Mumbai, the first case of AIDS was detected during May 1996. Since then,
Maharashtra has
planned and implemented a programme for prevention and control
of AIDS.
In India, the question of introducing AIDS education in schools is
inextricably linked with the issue of introducing sex education
for school
children. Education about reproductive health and STD/HIV/AIDS meets with
opposition. Parents and the community have to
be convinced that such education
does not lead to more or earlier sexual activity, as parents generally fear. The
rapid spread of
STD/HIV/AIDS has intensified the national debate on this issue.
Major recommendations have been endorsed, namely, that keeping in
view the age
of the target group, suitable components of adolescent education should be
introduced in the school curricula at all
stages. This is based on the
conviction that AIDS preventive education can minimise the spread of the AIDS
epidemic, because information,
values and skills imparted in schools have a
long-lasting impact.
Two major strategies are being adopted to integrate AIDS education into the
existing school curriculum and the ongoing programme.
Linking AIDS and population education
It is generally agreed that AIDS education cannot be promoted exclusively
as a separate independent programme in Indian schools, but
should be linked with
an existing related programme. The population education programme, which is
receiving financial and technical
assistance from UNFPA, UNESCO and WHO, has
been operational for the last one-and-a-half decades.
The general consensus, as reflected in various documents of UNESCO, WHO and
UNFPA and as recommended by NCERT and MHRD is that AIDS-preventive
education
should be linked with the population education programme, which has
infrastructural facilities available both at the State
and national
levels.
Combining curricula with non-course approach
A non-course approach could be considered supplementary to the main effort
to bring about curricula changes. In the ensuing less formal
environment,
sensitive issues like HIV/AIDS and family life education can be approached more
easily in schools.
Maharashtra is the first State in the country to initiate AIDS education on
a large-scale in public and private schools. The pioneering
efforts of
Sevadham Trust, an NGO, Directorate of Health Services (DHS), Mumbai, and
Municipal Corporation of Greater Mumbai (MCGM), have institutionalised
some of
the processes which were initiated for AIDS prevention.
Initially funded by UNICEF, the three pilot projects were subsequently
supported with resources by NACO. Each project has been evaluated
by external
agencies, which have concluded the effectiveness in terms of increased awareness
amongst students. It has thus been possible
to identify some of the best
practice guidelines.
|
Source: Catch ‘em Young, A Best Practice Case Study on School Based AIDS Prevention Education Programmes in Maharashtra, India, UNESCO publication
583. Two collaborative programmes on population dynamics were organized. The objective was to upgrade the skills of the family welfare personnel and to acquaint the trainees with the population programmes of neighbouring countries. Skill training courses on MTP were conducted in 14 identified institutes. Each institute conducted three courses, and training was given to two or three medical officers in each course. Four training fellowship programmes were conducted on RCH for paramedical personnel working in family welfare. Training courses on population analysis were organized by IIPS for demographers and district family welfare officers. Orientation courses were conducted on RCH and CAN for the faculty of ANM and lady health visitor (LHV) training schools. Eight orientation training courses on RCH programme management were organized for district family welfare officers.58
Box 6.9: National Newborn Week: 15–21 November,
2000
In order to highlight the key importance of newborn health among the
current national priorities, the Government organised a Newborn
Week throughout
the country from 15–21 November, 2000. Activities during the week included
seminars, workshops, newborn health
melas, newborn care campaigns in
underprivileged communities, as well as IEC and media campaigns. The aim was to
enhance awareness about
newborn health among opinion leaders, professionals,
agencies, NGOs and, above all, the public.
|
Source: Newborn Health—Key to Child Survival (Present Scenario,
Current Strategies and Future Directions for Newborn Health
in India), Child
Health Division, Department of Family Welfare, Ministry of Health and Family
Welfare
Involvement of NGOs
584. At the village,
panchayat and block levels, small NGOs are being involved in advocating
RCH and family welfare practices and general counselling. At the same
time,
individual NGOs are also being allowed to propose innovative programmes. Small
NGOs with limited resources are being assisted
through mother NGOs. The
Department of Family Welfare intends to establish one mother NGO for every eight
to 10 districts. NGOs with
substantial resources and proven competence are being
approved as mother NGOs. So far, the Department has identified 57 mother
NGOs. Mother NGOs are required to provide training to the staff of
small NGOs in both management of the NGOs and programme management. Mother NGOs
have
one nominee from the State Government and one from the GOI in their
executive committees.
585. A limited number of major NGOs are being assisted
by the Department of Family Welfare on a project basis for innovative
programmes.
The intention is not to involve the NGOs in duplicating Government
programmes, but to take them to areas which are relatively underserved
or have
special problems. The Department proposes to involve NGOs wherever their
involvement is expected to yield good results, e.g.
in introducing baby-friendly
practices in hospitals, in helping with the enforcement of the Prenatal
Diagnostics Technique Act by
detecting offending sex-determination clinics, and
in collecting evidence for making specific complaints against them to the
designated
authorities in the State. In addition, some NGOs will be assisted by
the hospitals/clinics in urban areas in offering facilities
for
contraceptive/terminal methods and counselling both in regard to RCH and
population control measures.59
586. The RCH programme has an approved outlay of Rs 51,125.3 million under the Ninth Plan. For the year 1999–2000, the programme approved an outlay (budget expenditure) of Rs 6760 million. The details of estimated assistance for the year 1999–2000 are as under.60
IDA ($) Rs 46.31 Rs 2547 million
ECU Rs 40.49 Rs 809.8 million
DFID (£) Rs 65.78 Rs 1315.6 million
Japan (JY) Rs 37.05 Rs 33678.45 million
KfW (DM) Rs 20.71 Rs 310.65 million
UNICEF (US $) Rs 46.31 Rs 1180.9 million
Source: Annual Report, 1999–2000, Ministry of Health and Family
Welfare, GOI
Environment
587. One of the indicators of the
quality of life is a clean environment. While the protection and conservation of
the environment
has been enshrined in the Constitution of India, the level of
environmental health both in urban and rural areas in India needs much
improvement. This has serious public
health implications, and frequent outbreaks
of water-borne, vector-borne and air-borne diseases occur.
588. The growing
pollution of our rivers constitutes the biggest threat to public health. The
assault on India’s rivers—from
population growth, agricultural
modernization, urbanization and industrialization—is enormous and growing
by the day. Rivers
support the life of innumerable living species and also human
beings. Most Indian cities get a large part of their drinking water
from
rivers.61 Most Indian rivers and freshwater streams are polluted
by industrial wastes and effluents Industrial wastes are toxic to the life
forms
that consume this water, with potential harm to the liver, kidneys, reproductive
system, respiratory system and nervous system.62 Several diseases,
like diarrhoea, hepatitis (jaundice), ascariasis (roundworm), hookworm
infection, trachoma and dracunculiasis (guinea
worm), have been linked to human
contact with polluted water. The World Bank and World Health Organization have
estimated that 21
per cent of all communicable diseases in India are water
related.63 To combat water pollution, the Water (Prevention and
Control of Pollution) Act was enacted in 1974. This Act seeks to maintain and
restore the wholesomeness of water. The pollution control boards monitor the
quality of wastes, discharges and emission from time
to time. The Central
Pollution Control Board (CPCB) performs the function of a National Board, as
well as that of a State board for
all States/UTs of India, with a comprehensive
programme for the streams and wells in the
States.64
589. The speed with which urban air pollution has
grown across India in the last decade is alarming. India has 23 cities with over
one million people, and ambient air pollution levels exceed WHO health standards
in many of them. Air pollution, even in small towns
of the country,
unpredictably high. The air pollutants include sulphur dioxide, nitrogen oxides
and suspended particulate matter.
Polluted air has serious effects on health,
causing respiratory, cardiac and nervous disorders.65 The Air
(Prevention and Control of Pollution) Act was legislated in 1981, providing for
prevention, control and abatement of air pollution.
In areas notified under this
Act, no industrial pollution-causing activity can come up without the permission
of the concerned State
Pollution Control Board.
590. After the Bhopal
disaster, a more comprehensive Environment Protection Act (EPA) was passed in
1986. This is an umbrella legislation,
designed to provide a framework for the
Central Government to coordinate activities of various Central and State
authorities, established
under previous laws such as the Water Act and Air Act.
This Act provides power to enforcement agencies with necessary punitive powers
to restrict any activity that can harm
the environment. Environmental health
programmes include safe water supply, drinking water quality surveillance,
excreta disposal,
sanitation, waste-water management, municipal solid waste
management, water and air pollution control, chemical and food safety,
etc.
Community water supply, sanitation and pollution prevention and control continue
to be the main thrust of environmental health
programmes in
India.66
591. The judiciary has strenuously endeavoured over
the past two decades to bring in laws in service of the poor and the
disadvantaged
section of society. The courts have progressively social action
litigetion provided legitimacy to the legal mechanism called —a
plea
undertaken by the public to redress public injury, enforce public duty, protect
social right and interests, prevent abuse of
power and for indicating public
trust.67 Several environmental organizations, academicians,
scientists and lawyers have been actively involved in environmental issues in
the
country. These environmental advocates have made use of the country’s
democratic institutions to push for legislative reforms
and vigorous judicial
enforcement.
592. By raising environmental protection and rights to the
Constitutional level, India has provided its citizens with a powerful legal
tool
to protect wildlife, maintain health standards and curtail degradation of
national resources. In India, the Ministry of Environment
and Forests is the
nodal agency in the administrative structure of the Central Government for the
planning, promotion, coordination
and of overseeing the implementation of
various environmental and forestry programmes.68 The Ministry of
Environment and Forests adopted a policy statement in 1992, which inter
alia provides several instruments in the form of regulations, legislation,
agreement, fiscal incentives and measures to prevent
and abate pollution of air,
water, noise and land. The Ministry and its associated offices have focussed on
preventing and controlling
pollution at the beginning of the pipeline by
adoption of cleaner technologies, waste minimisation and resource preservation,
rather
than the traditional treatment at the end of the pipeline. The
significant benefit in this approach is that when waste is reduced/eliminated
or
solvents revived, it leads to resource conservation of the raw materials used
during the various industrial processes and minimises
the pollutants in the
waste water within the premises. Keeping these benefits in mind, the main focus
of the pollution prevention
and abatement programme has been on command and
control methods, as well as voluntary regulations, development of environmental
standards,
waste minimization circles, environmental audits, environmental
epidemiological studies, preparation of a zoning atlas for siting
of industries,
control of vehicular pollution, promotion of education and awareness campaign,
etc. The Ministry of Environment and
Forests has constituted a Committee on
Environment and Health. The report of the Committee is being finalized. The
Ministry has initiated
rogrammes/action plans for abatement of pollution:
Box 6.10: Industrial waste water pollution
There are 28 industrial units in Delhi. Most of the small and tiny
industries do not have individual facilities to treat liquid waste.
The Supreme
Court has ordered that 15 common effluent treatment plants (CETPs) be
constructed. All water polluting industries in
Delhi have been directed to
comply with the orders and ensure that they do not discharge untreated effluent.
Action has been taken
against 2300 industrial units in Delhi so far (January
2000) and continues against all such water polluting units.
|
Source: Delhi State Report on CRC, Government of NCT Delhi
593. The CPCB has taken major steps for nationwide pollution prevention, particularly with reference to combating vehicular pollution, pollution control in 17 categories of highly polluting industries, implementation of action plans for restoration of environmental quality in critically polluted areas, noise pollution control and proper management of solid wastes, hazardous wastes and bio-medical wastes.69 Today, a major concern in the area of health is the effect of lead and arsenic pollution on children as well as adults.
Lead poisoning
594. In the recent past, a growing concern has been expressed at the potential threat of environmental exposure to lead, particularly in young children and women. Lead exposureof occupational and environmental origin has been found to effect virtually all biochemical processes and organ systems. Lead has been found to interfere with the cardio-vascular system (Schwartz 1992), immune system (Lutz et al, 1999), with blood formation process and with neurological processes. Though lead poisoning is one of the recognized occupational diseases in India since 1924, reliable data on the frequency of non-occupational lead poisoning is not available. The most reliable study in India so far is a nationwide survey of 21,446 children and adults in seven major cities of India. The ZnPP level, was more than 35mg/dl in 28.9 per cent children and 24.1 per cent in adults. Among the subjects with elevated ZnPP levels 46.6 per cent of children and 41.4 per cent of adults had BLL > 10mg/dl. Among estimations done directly without screening by ZnPP more than 50 per cent of the children below 12 years had BLL 10mg/dl. The proportion of children in Delhi, having BLL 10mg/dl was 54.1 per cent, which is very close to the national average of 51.4 per cent (George Foundation Report, 1999). These data clearly emphasize the importance of this problem in Delhi, which seems a fair representative sample of the urban parts of the whole country.
Box 6.11: Industrial air pollution
The air pollution generated from industrial activity in Delhi is about 12
per cent of total air pollution. Although several steps
have been taken,
industrial pollution needs to be reduced further. More than 1300 industrial
units, that were not allowed to operate
under the MPD-2001 norms, have been
closed. A scheme has been prepared to relocate industrial units that currently
operate in residential
areas. About 1300 acres of land have been acquired and
new industrial estates are being developed at Bawana, Holumbi Kalan and Holumbi
Khurd. All industries in Delhi using coal-fired boilers have been asked to
switch to oil-or gas fired boilers in order to reduce
air pollution generated
from industrial activities. All industries are also being advised to control
pollution from diesel generating
sets. They have been asked to increase the
stack height to a level of 2-3 metres above their building height and also take
acoustic
measures to reduce the noise level from diesel generating sets.
|
Source: Delhi State Report on CRC, Government of NCT Delhi
595. The
major sources of lead poisoning were automobile fuel, food-can soldering,
lead-based paint, leaded cooking utensils and drinking
water systems. Lead
poisoning can lead to permanent brain damage, particularly among young children.
Pre-school children are considered
to be at high risk because children absorb
lead more readily than adults and children’s developing nervous systems
are particularly
vulnerable to the ill-effects of lead. Additionally, if the
source of lead exposure is not removed, persistent toxicity may result
in
significant and serious impairment of reading skills, deficits in vocabulary,
deficits in motor skills, reaction time and hand-eye
coordination (Needleman et
al, 1999).70
596. The Indian Prime Minister, in a message at
an International Conference on Lead Poisoning Prevention and Treatment, in
Bangalore
in 1999, said that lead poisoning was slowly emerging as a deadly
scourge in India and that the Government had taken the first step
to eliminate
this hazard by making lead-free petrol mandatory for use by
automobiles.71
597. Arsenic is a naturally occurring element, which is widely distributed throughout the earth’s crust. It is introduced into water through the dissolution of minerals and ores, from industrial effluents and from atmospheric depositions. Elevated concentrations of arsenic in groundwater in some areas, is a result of erosion from local rocks. Inorganic arsenic is a documented human carcinogenic. Arsenic contamination of groundwater has emerged as a serious public health threat in a few areas of the country in recent years. So far, 68 blocks in eight districts of West Bengal are affected with this problem, with the population at risk estimated at 1.5 million. A few villages in Rajnandgaon district in Madhya Pradesh have also recently been found to be affected.
598. Fluorosis is caused by ingestion
of excess fluoride over a long period. It affects multiple tissues, organs and
systems of the
body, and results in a variety of clinical manifestations,
culminating in a crippling condition and/or damaged and discoloured teeth.
Fluoride can enter the body through drinking water, food, drugs, dental products
and industrial emissions.
599. The problem of excess fluoride in
groundwater was detected in many States of India as early as the 1930s. Till
1999, as many
as 17 states had been identified with the problem of excess
fluoride in groundwater sources.
600. Rajasthan and Andhra Pradesh are the
most severely affected States. Rural populations which depend mainly on
groundwater for
their drinking water supply are the worst affected.
Vulnerability to fluorosis is higher if the nutritional status is
poor—malnourished
children and pregnant or lactating mothers are
especially vulnerable. Social and economic implications of flourisis endemicity
are
enormous, especially for the rural population living below poverty
line.
601. Early detection of fluoride toxicity manifestations is crucial for
introducing preventive measures. Possible interventions for
prevention are:
Initiatives and challenges
602. Government and various official agencies, United Nations organizations, international donor agencies and NGOs have taken the following significant initiatives.
603. The Rajiv Gandhi National Drinking Water
Mission decided to support the establishment of a water testing laboratory in
each district
and the implementation of water supply projects in all
water-quality affected States, by contributing 75 per cent of the cost, leaving
25 per cent to be borne by the state governments. Seventy major water supply
schemes have been implemented, to cover a population
of eight million, spread
over 4,625 habitations in 10 States under the Submission on Control of
Fluorosis.
604. Rajiv Gandhi National Drinking Water Mission is also in the
process of establishing a Centre of Excellence for Fluorosis to provide
support
to all States in their fluorosis mitigation efforts.
605. UNICEF has been
working closely with the GOI and other sector partners to assess safety
conditions and implement specific fluorosis
mitigation programmes. This is part
of a comprehensive effort to ensure safe water environments.
606. Some of the
key areas of intervention have been in the strengthening of water-quality
monitoring systems, facilitating research
and development of household
water-treatment systems and advocating alternative water supplies when
necessary.
607. India has one of the highest coverage figures
for rural water supply in the South-Asia Region, which includes Afghanistan,
Bangladesh,
Bhutan, Maldives, Nepal, Pakistan and Sri Lanka. However, because of
its huge population, the absolute number of unserved people
in India is so large
that it accounts for 60 per cent of the total unserved people in the
region.74 According to NFHS-II, 39 per cent of households in India
use piped drinking water and the same proportion use drinking water from
hand
pumps. 19 per cent use drinking water from wells and three per cent from surface
water. More than 60 per cent of households
use piped water or water from a hand
pump for drinking in every State, except Kerala and a few States in the
North-East region. In
Manipur, Meghalaya and Nagaland, piped water or water from
a hand-pump is used for drinking by 41–49 per cent of households,
and less
than 20 per cent of households use these water sources in Kerala. The majority
of households in Kerala obtain drinking water
from wells (see table No.
6.15).
608. The National Water Policy (1987) of the GOI, gives priority to
drinking water supply. Considerable efforts have been made by
the Government
towards providing safe drinking water. The Rajiv Gandhi National Drinking Water
Mission ensures maximum inflow of
scientific and technical inputs into rural
water supply and deals with the problems of quality of drinking water and
sustainability,
whereas the Accelerated Urban Water Supply Programme (AUWSP),
launched in 1993–94, targets small towns which face water
scarcity.75
609. The Accelerated Rural Water Supply
Programme (ARWSP) aims at providing safe and adequate drinking water facilities
to the rural
population by supplementing the efforts being made by the State
Governments/UTs under the Minimum Needs Programme (MNP). Priority
is given to
habitations not covered and to fully covering partially-covered habitations,
which get less than 10 litres of safe drinking
water per capita per day. Among
them, priority is given to SC/ST areas or those with a larger population of
SCs/STs. Priority is
also be given to:
610. The GOI has revamped the ARWSP, which inter alia aims at ushering in reforms by institutionalising community participation in the rural water supply sector. The idea is to gradually replace the Government-oriented, centralised and supply-driven ARWSP by a people-oriented, decentralized, demand-driven and community-based ARWSP. In 1997-98, the habitation coverage was 1,16,994, while in 1998–99 it was 1,12,803.76 The AUWSP is a Centrally sponsored scheme, initiated with the objective of solving the drinking water problem in towns with a population of less than 20,000 as per the 1991 Census. Considering the water scarcity and the narrow revenue base of these small towns, the scheme is funded by the Central and State Governments on a 50:50 ratio.77
Traditional and alternative systems of water supply
611. Neglect of traditional systems prevented revival of the
traditional water-harvesting systems or building new systems to complement
traditional systems. However, and particularly in the wake of the recent
drought, it is now acknowledged that traditional systems
to harvest water for
domestic purposes continue to have relevance today, particularly in areas where
the groundwater is not available
or where water quality problems exist. In some
areas, traditional systems can provide an essential supplementary source of
water,
used when piped schemes or borewells run dry during certain times of the
year. Traditionally, people in areas of water security used
their limited
available water judiciously, but now these practices are fading and water
conservation education has become a necessity
in the country. The revival of
traditional systems depends on the ability of water supply programmes to base
solutions on the needs
and capacities of the users, requiring social rather than
technical engineering skills.
12. Indigenous management innovations are not
limited to the range of traditional practices, which have been in use for
hundreds of
years. Local communities have developed many water management
innovations relatively recently, in response to newly emerging problems
arising
from new technologies used in groundwater abstraction. Such local responses
include collector wells with multiple horizontal
and vertical bores, ponds to
store water for use when electric power fails, underground pipes for irrigation
and collection of monsoon
run-off water in dug wells.78
Sanitation
613. The concept of sanitation was earlier limited to disposal of human excreta by cesspools, open ditches, pit latrines, bucket system, etc. Today, it connotes a comprehensive concept, which includes liquid and solid waste disposal, food hygiene, personal, domestic as well as environmental hygiene. It is well established that there exists a direct relationship between water, sanitation and health inadequacy. The lack of provision of safe drinking water, improper disposal of human excreta and solid and liquid wastes can lead to unfavourable environmental conditions and lack of personal and food hygiene have been the major causes of many killer diseases in many countries, including India. The sanitation coverage in India is one of the lowest in the world.79
614. NFHS–II survey shows that most States in India have inadequate
toilet facilities. There are only seven States were more
than 70 per cent of
households have any type of toilet facility. In order of decreasing proportions,
these are Mizoram, Delhi, Manipur,
Kerala, Nagaland, Arunachal Pradesh and
Sikkim. Less than 30 per cent of households have toilet or latrine facility in
Central India
and in Orissa, Bihar, Himachal Pradesh, Andhra Pradesh, and
Rajasthan (see table No. 6.15).
615. The Ministry of Rural Development
is planning a Total Sanitation Campaign (TSC) to suit
district-specific requirements. TSC will be implemented in phases. It envisages
a synergistic interaction between the
Government machinery, active NGO
participation and an intensive IEC drive for alternative delivery systems as
well as more flexible,
demand-oriented construction norms. Fifty-eight pilot
districts have been identified by the States for the implementation of phase-I
of TSC. In 1997–98, the number of latrines constructed was 1,387,080 and
in 1998-99, this number stood at 1,627,363.80 The Ministry of Urban
Development is implementing the Low-Cost Sanitation (LCS) Scheme. It provides
for the conversion of existing
dry-latrines into low-cost water-seal pour-flush
latrines, as well as the construction of new sanitary units where none exists,
to
prevent open defecation. The scheme is operated through subsidies from the
Ministry and loans from the Housing and Urban Development
Corporation Limited
(HUDCO). The total number of schemes sanctioned (April 1999 to 1 January, 2000)
were 823. The number of towns
covered were 1318.81
616. Among the States, Andhra Pradesh deserves special appreciation for its commendable work in the rural sanitation sector, especially for creating awareness among the rural masses through the Janmabhoomi programme. It is also worth mentioning that Andhra Pradesh has taken a serious note of the vertical upgradation concept. Based on affordability, if a family is not in a position to invest the entire cost, it can start with a single-pit and then switch over to double-pit latrine. Maharashtra constructed a record 461,048 toilets during 1997–98. The State is providing subsidy to all the households under the State-sponsored Gramsafai (village cleanliness) programme.82
Source: India National Family Health Survey (NFHS-2) 1998-99, International Institute of Population Sciences, Mumbai, India
B. Disabled Children
Article 23
Introduction
617. Persons with disabilities are amongst the most marginalized sections of society.1 Children with disabilities face unequal opportunities for survival and development. In many cases, they do not enjoy personal or economic security, and are denied access to health care, education and income-generating activities. Disabled children face difficulties in getting opportunities to participate in sustainable human development programmes and are often victims of deprivation, pain and poverty.2, 3
618. There is no systematic, scientific and
precise information available on the prevalence, degree and kind of disability,
particularly
for children. Only a few sample surveys at discrete points of time
are available and the information collected through these may
not be strictly
comparable due to difference in scope, coverage and even concepts. However, the
2001 Indian Census, has collected
data on disability throughout the country.
Therefore, information on the number of children who are disabled with the
particular
type of disability will be available from the Census when the
tabulation of data is complete. Estimates indicate that about five
per cent of
the population has some disability or the other. As per the National Sample
Survey Organisation (NSSO) survey of 1991,
in the field of visual, hearing,
speech and locomotor disabilities, it was estimated that about 1.9 per cent of
the population of
the country was disabled. It was observed that for the country
as a whole, the prevalence of physical disability was 20 per thousand
persons in
rural areas and 16 per thousand persons in urban areas. As regards mental
retardation, a sample survey conducted by the
NSSO in 1991 for persons with
delayed mental development up to the age of 14 years, estimated that about three
per cent suffer from
delayed mental development. The number of leprosy-affected
persons is estimated to be about four million, of whom a fifth are children.
Fresh cases of disability every year have been estimated 750,000 as per the 1991
sample survey.
619. Hence, in substance, about five per cent of the
population is estimated to be suffering from some kind of disability. There
would,
of course, be some inter-and intra-State/regional variations. Taking the
current population of India to be about one billion, the
estimated number of
people suffering from a disability is about 50 million. However, only an
estimated five per cent of the population
with disabilities have been reached by
any kind of service. It is also a fact that even the scant services available
are highly skewed
in favour of the large urban metropolises. The proportion of
rural and urban population is 75 per cent and 25 per cent, respectively.
The
prevalence of disability is thus naturally more in rural areas, where the bulk
of the population lives. It has been observed
that though a large number of
institutions in major cities provide specialised services, there is hardly any
network of services
available outside cities. Even voluntary effort is largely
confined to the urban and semi-urban areas. There is, thus, a wide gap
between
the demand and supply. Barring minor differences in the magnitude of the
services provided by the States, a large section
of the people with disabilities
are currently not getting services of early detection and intervention,
education, vocational training
and
employment.4
620. According to the India Human
Development Report 1999, the incidence of various types of physical
disability (such as night blindness, and impairments related to the visual,
auditory,
vocal and locomotor systems) among the population in the age-group of
0–4 years was 2042 per 100,000 and 2896 per 100,000 children
in the
age-group of 5–12 years. There is a high prevalence of physical disability
among the young as compared to the older
age-groups. It suggests that most
physical disabilities are genetic, biological and even birth defects. There are
wide physical disabilities
variations across States. Estimates are low in Kerala
and Gujarat among children in the 0–4 years age-group but high in Bihar
and West Bengal. In West Bengal, in the age-group of 5–12, the prevalence
was as high as 6779 per 100,000, 4670 in Himachal
Pradesh and 4519 in Tamil
Nadu. This rate was considerably lower in Haryana, the North Eastern States,
Gujarat, Karnataka and Kerala.
For details see Appendix 6.1.
621. According
to the report, there is a somewhat higher incidence of physical disability among
the non-land-owning classes, especially
wage-earners. Physical disability is
much higher among the SCs in the 0–4 years age-group and 5–12 years
age-group, that
is, 2058 and 3325 disabled children per 100,000,
respectively. As far as religion is concerned, the report finds that a
relatively
high incidence of disability is found among Christians (2711 per
100,000) followed by Muslims (2409 per 100,000) in the 0–4
age-group.
However, in the higher age-group of 512 years, the incidence is much higher
(3792 per 100,000) among Muslims.5 For details see appendix 6.2.
According to the The Indian Child, a compilation by Child Relief and You (CRY), the figures on disabled children in India are as follows:
Table 6.16: Incidence of disabilities among children (per
100,000)
|
||
Region/States
|
0–4 years
|
5–12 years
|
North
Haryana
|
1322
|
1396
|
Himachal Pradesh
|
2930
|
4670
|
Punjab
|
1557
|
3565
|
Upper Central
Bihar
|
3577
|
2059
|
Uttar Pradesh
|
1771
|
2004
|
Lower Central
Madhya Pradesh
|
1857
|
3040
|
Orissa
|
820
|
2146
|
Rajasthan
|
2092
|
3711
|
East
North-eastern Region
|
2418
|
1816
|
West Bengal
|
325
|
6779
|
West
Gujarat
|
545
|
1576
|
Maharashtra
|
1592
|
3278
|
South
Andhra Pradesh
|
2244
|
3134
|
Karnataka
|
1680
|
1964
|
Kerala
|
494
|
1697
|
Tamil Nadu
|
1088
|
4519
|
All India
Person
|
2042
|
2896
|
Gender Disparity
|
0.87
|
0.86
|
The most significant factors causing disability are:
622. Interventions to prevent disability have been formulated by
the Government and are being implemented. (Information on the efforts
to combat
malnutrition, to eliminate communicable diseases and infection in early
childhood and to provide full immunisation to children
is available under the
chapter “Health and Health Services” and later in this
section.)
623. A number of training programmes conducted by the Government
and NGOs have incorporated modules on the early detection and prevention
of
childhood disabilities. These training programmes emphasise that disability is
preventable if certain measures are taken. The
preventable causes include:
Developments
624. In the last decade and a half, there has
been growing awareness about the issues relating to this sector and there were
several
significant landmarks both at the national and international levels. The
year 1981 was declared as the “International Year
of Disabled
Persons”. In 1982, the United Nations General Assembly adopted the World
Programme of Action concerning disabled
persons. Principles for the prevention
of disability as well as measures for the rehabilitation of people with
disabilities and for
equalisation of opportunities are outlined
therein.
625. India has taken action and made considerable progress in all
the categories of action for persons with disabilities. The most
important
factor has been a shift in emphasis in policies towards disabled persons, from a
welfare and charity approach to that of
equalization of rights and
opportunities.6
626. Special emphasis has been laid on children with disability in the various national policies. These include the National Policy on Children, 1974, which calls for providing facilities to disabled children, as well as special treatment, education and rehabilitation of children suffering from all types of disabilities; the National Policy on Education, 1986, which stresses integrated education, and the National Health Policy, 1983, which lays emphasis on care and rehabilitation of the disabled.7
Table 6.17: Crude estimates of the size of population
suffering from various forms of disability in India
(in million)
|
|||
|
0–4 years old
|
5–12 years old
|
All children up to 12 years
|
Bitot's spots
|
2.3
|
4.2
|
6.5
|
Physical disability
|
3.6
|
5.1
|
8.7
|
Visual impairment
|
0.9
|
2.3
|
3.2
|
Hearing impairment
|
0.3
|
1.5
|
1.8
|
Speech impairment
|
0.6
|
0.8
|
1.4
|
Locomotor disability
|
0.4
|
1.0
|
1.4
|
Total
|
8.1
|
14.9
|
23.0
|
Legislation
627. The Directive Principles of State Policy in the
Constitution of India, which are fundamental in governance of the country
recognize the obligation of the State to provide “assistance”
in the
event of sickness and disablement.8
628. One of the steps
taken to prevent discrimination against disabled persons was the enactment of
the Persons with Disabilities
(Equal Opportunities, Protection of Rights and
Full Participation) Act (PWD) 1995. This comprehensive legislation treats
rehabilitation
as a right and aims at the elimination of discrimination and the
creation of an inclusive society, which provides opportunities for
development
of people with disabilities to their fullest potential.
Implementation of
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
629. In order to effectively implement the
provisions of the Act, some of the measures taken by the Ministry of Social
Justice and
Empowerment are:
Box 6.12: Community action to reach the one-in-ten
differently abled child
The Spastic Society of Tamil Nadu (SPASTN) has successfully experimented
with a linkage model of community based rehabilitation (CBR)
in five blocks of
Chengulput district. The activities commence at the prenatal stage through
identification of high-risk pregnancies
and continue up to the integration of
children with disabilities into balwadis and schools. Prevention, AWWs
workers’ awareness generation, community sensitisation, early
identification (within one week
of birth), interventions and home-based training
are the major service areas. More than 50,000 children, including 20,000
newborns,
have been served by a multi-disciplinary team of rehabilitation
professionals.
The most significant aspect of the model is skill-transfer to the local
grassroot-level workers in existing Government infrastructure.
This is being
done in partnership with ICDS and PHCs. In six years, about 1200 ICDS-AWWs and
functionaries of PHCs have already been
trained in detection and interventions.
Services in the area have been fully integrated with local PHCs. In Chengulput
district,
the district health authorities together with SPASTN have pilot tested
and implemented a plan providing training to all concerned
health service
functionaries. Training is also given to the staff at the first (level) referral
units (FRUs) being set up all over
the State, as part of the RCH programme.
Innovative ideas like mobile intervention vans and making use of local
resources for making assistive devices have also been undertaken.
A mobile van
is working among the rural areas of Kancheepuram district. Low-cost technology
using mud, straw and recycled cardboard
are used to develop assistive devices
and adapted furniture to help children with disabilities. The focus in Tamil
Nadu has been
on expansion of the prevention, early detection and
community-based intervention approaches to childhood disability through the ICDS
and NGO networks and strengthening capacities of communities for early action.
|
Source: Integrated Child Development Services—booklet, Department of Women and Child Development, Ministry of Human Resource Development, GOI
Integration of disabled children
630. In the process of bringing more disabled children under the
umbrella of educational services, integration of education emerged
as a
cost-effective approach and, therefore, the education system started accepting
children with special needs in general schools.
The implementation of the
integrated education programme addresses the needs of high-risk children who are
suspected to be potential
dropouts and, therefore, retention of such children
has increased. The integration of disabled children has been actually
reinforcing
better educational practices in the general school system. The
centrally sponsored scheme of IEDC is being implemented in various
States of the
country.11
631. The Rehabilitation Council is a statutory
body under the Rehabilitation Council of India Act, 1992, which came into force
on
31 May, 1993. The Council is responsible for regulating training policies and
programmes for various categories of professionals
in the area of disability.
Its functions include standardization of training courses at different levels,
regularisation of standards
of training in training institutions, recognition of
institutions/universities for their training courses within and outside the
country on a reciprocal basis and maintenance of a Central Rehabilitation
Register for professionals possessing recognised qualification
in the area of
rehabilitation.
632. The Council has registered 10,672 rehabilitation
professionals/personnel as on 31 March 1999, in the Central Rehabilitation
Register
and issued certificates to them. The total number of institutions
recognized by the Council for training professionals in the field
of
rehabilitation of persons with disabilities has gone up to 117.
633. The District
Rehabilitation Centre Scheme (DRC) was initiated by the Ministry of Social
Justice and Empowerment. The centres
provide services for prevention and early
detection, medical intervention and surgical correction, fitment of artificial
aids and
appliances, therapeutic services such as physiotherapy, occupational
and speech therapy, provision of training for acquisition of
skills through
vocational training, job placement in local industries, etc.
634. Four
Regional Rehabilitation Training Centres have also been set up at Chennai,
Mumbai, Cuttack and Lucknow for training and
manpower development in the field
of rehabilitation, particularly for the DRCs.12
635. The following national institutes/apex level institutions that have been set up in each major area of disability.
636. One of the main thrusts of the
national institutes is manpower development, to cater to a wide spectrum of
needs of the disabled.
The institutes, therefore, run various specialised
courses to train professionals in different areas of disability, viz., degree
courses in physiotherapy and occupational therapy, bachelor-diploma courses that
deal with the subject of mental retardation, etc.
The institutes also conduct
various short-term training programmes for Government and non-government
personnel working in the field
of education, vocational training, employment,
etc.13
637. The institutes also provide various services to
disabled persons. They run clinical services which include diagnostic,
therapeutic
and remedial services. They also provide educational, pre-school and
vocational services. One of the most important parts of the
services provided by
the institutes is the socio-economic rehabilitation service, through which the
institutes provide vocational
training to the disabled, particularly, in rural
areas and in collaboration with NGOs.
Box 6.13: Uniform I-cards for disabled
The Minister of State for Social Justice and Empowerment today reaffirmed
the commitment to building a truly integrated nation, where
every citizen
contributes in equal measure towards the nation’s development. She was
speaking at a ceremony organised to confer
the National Awards for the Welfare
of People with Disabilities on the occasion of Disability Day today.
She announced that uniform identity cards would soon be issued to the
disabled across the country, which would help them avail of
various facilities.
The inclusion of disability as a separate category in Census 2001 is being
regarded as a major victory by organisations
working for these special
people.
The emergent census figures, that would serve as a basis for all national
policies, they hope, will put the problems of the disabled
in the correct
perspective and help them achieve their due rights and privileges.
The National Centre for Promotion of Employment for Disabled People
(NCPEDP) launched a six-month campaign ‘Disability and Census
2001’,
in September 2000, to generate awareness about the issue, so that maximum
disabled are accounted for in the actual head
count. Zonal workshops were
organised, in which volunteers were trained to convince the disabled all over
the country to get themselves
enumerated without any inhibitions so that a true
picture of the disabled section may emerge at the national level.
According to NCPEDP Executive Director, Javed Abidi, “Till 1941, the
census had no mention of the disabled. In 1981, which was
the International Year
of the Disabled, disability figures were include but the Government had only
three categories—totally
blind, totally dumb and totally
crippled—thereby ruling out those with mental disabilities and deaf. Those
with severe disabilities
stood at 0.9 per cent.”
Later, the Government dropped disability as a separate bracket in the 1991
Census. “After a long drawn battle, we have managed
to get included again
for the 2001 Census and want maximum participation by the afflicted, which will
be a task to reckon with in
the rural areas,” Abidi added.
|
Source: The Hindustan Times, 4-12-2000.
In recent years, the institutes have started outreach and extension services, which have been of immense benefit to the disabled. They reach out with multi-professional rehabilitation services to slums, tribal belts, foothills, semi-urban and rural areas through community awareness programmes and CBR facilities and services such as diagnostic, fitment and rehabilitation camps and distribution of aids and appliances to the disabled.
638. ALIMCO was established in 1972 with the following objectives:
639. ALIMCO produces quality aids and appliances required for orthographically and visually handicapped persons.
Indian Spinal Injury Centre (ISIC)
640. ISIC has been set up in collaboration with the Italian Government, to provide comprehensive treatment, rehabilitation services and vocational training and guidance to patients with spinal injury. It is the first centre of its kind in Asia. The centre also conducts research in multidimensional aspects of rehabilitation of such patients.
Box 6.14: Disability seminar
The Society for Environmental Awareness, Rehabilitation of Children and
Handicapped (SEARCH), a voluntary organisation, organised
a national seminar at
the Jawaharlal Nehru University (JNU), on ”Rights and Responsibilities of
persons with disabilities:
Problems and Prospects in the new Millennium." The
focal theme of the seminar, which was held on the eve of the World Disability
Day, was “Education for the Disabled.”
The seminar began with the release of a souvenir titled From Barrier to
Bridges by the Minister of State for Labour and Employment.
SEARCH, an NGO formed by JNU students, has also adopted the villages of
Kusumpur and Masoodpur for development in this field.
JNU Vice-Chairman said that much more needs to be done for the physically
challenged, along with sensitising the mass. The disabled
were equally competent
in the delivery of services, he added.
|
641. A large number of poor and underprivilaged patients with various types of spinal injuries and problems have benefited from the free services offered by ISIC.
642. Science and technology have
brought significant changes in society and are playing an equally important role
in improving the
quality of life of people with disabilities. Through the
Science and Technology Project, research and development activity for developing
appropriate and innovative technological appliances for the benefit of the
disabled is being carried out.
643. The scheme aims to coordinate, fund and
direct application of technology in development and utilisation of suitable and
cost-effective
aids and appliances, and methods of education and skill
development, leading to enhancement of opportunities for employment, easier
living and mobility, communication, recreation, and integration in
society.14
Box 6.15: Development of child's potentialities
Department of Social Welfare has been providing scholarships to the
physically handicapped students, provided income of their parents
does not
exceed Rs.750 per month. Similarly, handicapped persons below 15 years of age,
irrespective of their income and profession,
are given financial assistance.
Also, handicapped persons with prosthetic are provided such aid in the form of
artificial appliances,
such as tricycles, wheelchairs, crutches, hearing aid,
artificial limbs, etc., provided the income of their parents/family does not
exceed Rs.500 per month.
In addition to it, special homes have been set up for education and
vocational training of handicapped children. In most cases, handicapped
children
are sent to centres in outside the State on Government expenses.
The Department is providing free boarding and lodging to the
destitute/orphans and physically handicapped persons. In this respect,
the
Department has established 19 Bal Ashrams, 12 Nari Niketan and one
blind home, children’s home and observation home so far. About 1500
inmates are enrolled in these institutions.’’
|
Source: Jammu and Kashmir State Report on CRC, Government of Jammu and
Kashmir
Voluntary action
644. The importance of the voluntary sector in the area of rehabilitation of persons with disability can hardly be overemphasized. India has a very large number of NGOs working in various sectors of disability, for a long period of time, with appreciable impact at the micro-level. Many such organisations are being supported by the Ministry of Social Justice and Empowerment under schemes for support to voluntary action. The schemes under which assistance can be given are (a) scheme of assistance to disabled persons for purchase/fitting of aids and appliances; and (b) scheme to promote voluntary action to undertake programme for prevention, detection, intervention, education, and vocational training, employment, counselling manpower development, etc.
Box 6.16: Rehabilitation approaches
Various approaches are being used to provide rehabilitation services to
disabled persons. In the conventional approach, services are
supply driven,
generated and are planned by experts with preconceived ideas.
Institution-based services
In this system, a disabled person comes to the institution and receives
training from the professional personnel there. This is the
prevailing system in
developing countries. This system provides rehabilitation services using high
technology inputs for only a small
group of disabled persons. Patients coming
from far-off places are detached from their community and environment and face
problems
of transportation. The institution-based delivery system is
inappropriate when it comes to providing services to very large numbers
of
disabled persons. Most disabled people in developing countries come from poor
families with little education and are unlikely
to take the initiative to avail
of these services. Further, the costs and requirements of professional
personnel are constraints.
Reach-out institutional based delivery system
In a reach-out system, the professional goes out from the institution to
the home of the disabled person and delivers training or
other interventions
there. If necessary, the disabled person is referred to an institution. This
approach is likely to lead to
better and more practical results. However, by
this system, the profession may be able to treat lesser numbers of disabled them
at the institute. Transport poses another problem. So, this type of
service delivery system lacks efficiency. Many Government agencies and
NGOs are providing rehabilitation services at the periphery
by holding camps in
rural areas and providing the disabled with mobility aids. These camps are
one-time activities and have very
poor follow-up.
Community-based rehabilitation
CBR strategy was developed by WHO after the 1978 Alma Ata Declaration,
which stated that comprehensive primary health care should
include promotive,
preventive, curative and rehabilitative care. The major objective of CBR is to
ensure that people with disabilities
are able to maximise their physical and
mental abilities, have access to regular services and opportunities and achieve
full social
integration within their communities and their societies. The
objective uses the broader concept of rehabilitation, that is, one
which
includes equalisation of opportunities and community integration. As a broad
concept, CBR is recognised as a comprehensive
approach which encompasses
disability prevention and rehabilitation in PHC activities for gainful economic
activities for disabled
adults.
As a component of social policy, CBR promotes the right of disabled to live
within their communities, to enjoy health and well-being
and to fully
participate in educational, social, cultural, religious, economic and political
activities. CBR, thus, enjoins upon
Governments to transfer responsibility and
necessary resources to communities so that they can provide the base for
rehabilitation.
CBR is implemented through the combined efforts of disabled people, as well
as education, vocational and social services. This means
that community
resources are mobilised to rehabilitate people with disabilities. Community
health workers or other community volunteers,
who have undergone training in
CBR, identify people with disabilities and provide basic information about
self-care and mobility,
etc., The community health rehabilitation worker and
all other activists in the rehabilitation programme, require the assistance
of
referral services for vocational and social services. It implies that CBR a is
multi-sectoral programme and involves several
Government departments and its
services are to be coordinated at village, block, district, State and Central
Level.
|
Source: Status of Disability in India, 2000, Rehabilitation Council of India, GOI
645. As of 1999–2000, about 95 voluntary organizations have been given grant-in-aid under the scheme of assistance to disabled persons for purchase/fitting of aids and appliances. Approximately, 346 voluntary organisations have been provided grant-in-aid under the scheme for promotion of voluntary action for persons with disabilitiy.15
646. The Government has been increasingly concerned about the
need for affirmative action in favour of persons with autism, cerebral
palsy,
mental retardation and multiple disabilities has enacted the National Trust Act.
Action for setting up the Trust has started.
647. The Trust, which will be a
statutory body, will primarily seek to uphold the rights, promote the
development and safeguard the
interests of persons with autism, cerebral palsy,
mental retardation and multiple disability and their families. Towards this
goal,
the National Trust will support programmes which promote independence,
facilitate guardianship where necessary, and address the concerns
of persons who
do not have family support.
648. National Programme for Rehabilitation of Persons with Disabilities (NPRPD) was launched to fulfil the obligations enjoined upon the Ministry of Social Justice and Empowerment after the implementation of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The salient features of the scheme include setting up hierarchical service delivery system, starting with the grass-roots level.
Setting up of Regional Composite Centres and Rehabilitation Centres for spinal injuries
649. The present institutional framework, consisting of apex-level institutions dealing with specific areas of disability, is not adequate to provide the requisite support to all regions and States of the country, including the less developed regions and remote areas like the North-East. In these circumstances, a project has been approved recently to set up six regional composite centres, covering all areas of disability in various regions of the country to act as extended arms of the existing national-level institutions. These centres would undertake a package of functions, including manpower development, research and technology inputs as well as model rehabilitation services for catering to persons with disabilities.
650. A scheme has also been taken up to establish four rehabilitation centres for those affected by injuries pinal who require long-term specialized rehabilitation services and management for life.
Over 100 districts to be adopted by national institutes, DRCs and ALIMCO
651. As part of the strategy to take rehabilitation services to the unreached disabled population in the country at their doorsteps, and to maximize outreach in the shortest time, a programme has been taken up under which 100 districts have been identified more than, where composite fitment and rehabilitation centres would be set up in a partnership venture between the national institutes/ALIMCO/DRCs, under the Central Government, and the district administration/State Government. The proposed programme would be cost-effective as the existing resources and facilities, both in the Government and non-governmental sectors, would be used to provide a greater focus on rehabilitation.
National Institute for Multiple Disabilities
652. It has been proposed to set up a National Institute for Multiple Disabilities for providing comprehensive rehabilitation services to people with multiple disabilities under one roof. The institute will provide services like early detection and intervention, psycho-social rehabilitation, etc. It will also undertake manpower development and vocational training programmes. It will conduct a number of short-term and long-term training courses, including orientation courses, and develop material for creating awareness among the community at large.16
APPENDIX – 6.1
|
||||||||||||||
Incidence of disability among children in age-group 0-12
years and gender disparity by States
|
||||||||||||||
Regions/ States
|
Bitots Spot
|
Night Blindness
|
Visual
|
Hearing
|
Speech
|
Locomotor
|
Total
|
|||||||
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
North
|
||||||||||||||
Haryana
|
492
|
461
|
440
|
85
|
891
|
273
|
170
|
121
|
312
|
297
|
516
|
879
|
1, 322
|
1, 396
|
Himachal Pradesh
|
1, 829
|
6, 800
|
551
|
732
|
2, 118
|
2, 674
|
147
|
1, 712
|
1, 088
|
1, 454
|
277
|
809
|
2, 930
|
4, 670
|
Punjab
|
79
|
-
|
109
|
50
|
437
|
539
|
138
|
340
|
727
|
765
|
711
|
2, 022
|
1, 557
|
3, 565
|
Upper Central
|
||||||||||||||
Bihar
|
355
|
967
|
477
|
408
|
589
|
595
|
406
|
941
|
2, 192
|
429
|
581
|
539
|
3, 577
|
2, 059
|
Uttar Pradesh
|
734
|
1, 055
|
397
|
1, 169
|
915
|
1, 181
|
128
|
190
|
596
|
404
|
335
|
411
|
1, 771
|
2, 044
|
Lower Central
|
||||||||||||||
Madhya Pradesh
|
2, 456
|
3, 510
|
1, 709
|
2, 570
|
984
|
1, 626
|
190
|
303
|
303
|
434
|
562
|
921
|
1, 857
|
3, 040
|
Orissa
|
267
|
627
|
589
|
1351
|
257
|
599
|
270
|
859
|
350
|
520
|
114
|
468
|
820
|
2, 146
|
Rajasthan
|
2, 248
|
7,579
|
1, 103
|
4, 206
|
1, 217
|
1, 918
|
56
|
281
|
175
|
866
|
820
|
1, 034
|
2, 092
|
3, 711
|
East
|
||||||||||||||
North-east
|
883
|
874
|
927
|
786
|
1, 725
|
1, 165
|
353
|
409
|
546
|
280
|
465
|
140
|
2, 418
|
1, 816
|
West Bengal
|
1, 222
|
2, 678
|
108
|
2, 299
|
393
|
2, 015
|
1, 128
|
3, 474
|
1, 163
|
1, 219
|
730
|
1, 075
|
325
|
6, 779
|
West
|
||||||||||||||
Gujarat
|
1, 509
|
1, 920
|
236
|
100
|
332
|
682
|
-
|
100
|
80
|
250
|
132
|
544
|
545
|
1, 576
|
Maharashtra
|
1, 722
|
2, 648
|
310
|
1, 262
|
817
|
1, 397
|
270
|
742
|
325
|
966
|
478
|
605
|
1, 592
|
3, 278
|
South
|
||||||||||||||
Andhra Pradesh
|
1, 790
|
992
|
24
|
551
|
1, 081
|
1, 032
|
95
|
821
|
408
|
727
|
1, 074
|
1, 122
|
2, 244
|
3, 134
|
Karnataka
|
703
|
1, 037
|
698
|
642
|
761
|
590
|
666
|
629
|
824
|
1, 040
|
517
|
570
|
1, 680
|
1, 964
|
Kerala
|
34
|
-
|
34
|
200
|
-
|
467
|
34
|
567
|
423
|
701
|
105
|
757
|
494
|
1, 697
|
Tamil Nadu
|
1, 455
|
5, 297
|
179
|
890
|
89
|
1, 481
|
64
|
672
|
503
|
1, 808
|
831
|
1, 839
|
1, 088
|
4, 519
|
All India
|
||||||||||||||
Person
|
1, 136
|
2, 090
|
532
|
1, 273
|
782
|
1, 160
|
279
|
763
|
735
|
678
|
536
|
751
|
2, 042
|
2, 896
|
Gender disparity
|
0.91
|
0.95
|
1.01
|
1.07
|
0.92
|
1.09
|
1.05
|
0.87
|
0.74
|
0.74
|
0.74
|
0.73
|
0.87
|
0.86
|
APPENDIX – 6.2
|
||||||||||||||
Incidence of disabilities among children in age-group
0-12 years and gender disparity by population groups
|
||||||||||||||
Population Groups
|
Bitots Spot
|
Night Blindness
|
Visual
|
Hearing
|
Speech
|
Locomotor
|
Total
|
|||||||
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
0-4
|
5-12
|
Household income groups
|
||||||||||||||
Upto 20,000
|
1,129
|
2,460
|
550
|
1,523
|
665
|
1,289
|
298
|
922
|
673
|
734
|
538
|
839
|
1,946
|
3,21
|
20,001–40,000
|
1,223
|
1,992
|
469
|
1,140
|
868
|
1,182
|
274
|
639
|
945
|
563
|
525
|
669
|
2,332
|
2,688
|
40,001–62,000
|
1,290
|
1,363
|
717
|
729
|
1,092
|
832
|
255
|
530
|
355
|
268
|
732
|
544
|
2,021
|
1,974
|
62,001–86,000
|
1,043
|
793
|
419
|
851
|
717
|
1,060
|
203
|
496
|
967
|
1,807
|
440
|
1,021
|
1,598
|
3,955
|
Above 86,000
|
430
|
725
|
394
|
502
|
978
|
162
|
206
|
295
|
829
|
615
|
220
|
382
|
1,841
|
1,293
|
Poverty line groups
|
||||||||||||||
Lower segment below
|
1,280
|
3,038
|
626
|
1,774
|
760
|
1,199
|
282
|
859
|
479
|
653
|
521
|
690
|
1,836
|
2,861
|
Upper segment below
|
1,160
|
2,302
|
477
|
1,281
|
681
|
1,403
|
348
|
1,010
|
815
|
731
|
665
|
945
|
2,258
|
3,521
|
Lower segment above
|
1,187
|
1,907
|
435
|
1,170
|
717
|
1,093
|
244
|
660
|
887
|
728
|
499
|
720
|
2,045
|
2,823
|
Upper segment above
|
751
|
860
|
751
|
801
|
1,151
|
916
|
264
|
531
|
566
|
493
|
461
|
632
|
2,000
|
2,195
|
Landholding groups
|
||||||||||||||
Landless wage earner
|
1,252
|
2,439
|
488
|
1,013
|
627
|
1,187
|
136
|
1,030
|
935
|
1,064
|
646
|
1,014
|
2,014
|
3,530
|
Marginal
|
805
|
2,121
|
476
|
1,486
|
621
|
1,203
|
374
|
978
|
434
|
655
|
388
|
553
|
1,636
|
2,875
|
Small
|
1,450
|
2,126
|
731
|
1,510
|
1,058
|
1,174
|
259
|
630
|
1,032
|
393
|
508
|
609
|
2,559
|
2,518
|
Medium
|
1,303
|
1,886
|
482
|
1,187
|
679
|
1,070
|
167
|
469
|
774
|
509
|
513
|
655
|
2,089
|
2,312
|
Large
|
1,254
|
1,436
|
488
|
841
|
693
|
1,000
|
113
|
172
|
628
|
1,057
|
356
|
832
|
1,364
|
2,845
|
Landless others
|
1,139
|
1,994
|
512
|
1,083
|
1,057
|
1,149
|
298
|
637
|
777
|
596
|
821
|
1,046
|
2,522
|
3,080
|
Landowners
|
1,104
|
2,022
|
549
|
1,387
|
758
|
1,156
|
312
|
724
|
671
|
596
|
437
|
611
|
1,933
|
2,686
|
Landless
|
1,199
|
2,225
|
500
|
1,046
|
830
|
1,168
|
212
|
841
|
860
|
839
|
729
|
1,029
|
2,253
|
3,314
|
Occupational Groups
|
||||||||||||||
Cultivators
|
1,121
|
2,170
|
544
|
1,348
|
686
|
1,143
|
296
|
686
|
806
|
570
|
455
|
689
|
1,996
|
2,735
|
Salaried+Prof.+S. Empl
|
968
|
1,658
|
307
|
621
|
913
|
733
|
188
|
537
|
339
|
515
|
352
|
791
|
1,509
|
2,196
|
Wage earners
|
1,219
|
2,382
|
575
|
1,295
|
599
|
1,114
|
263
|
1,049
|
698
|
996
|
553
|
908
|
1,850
|
3,301
|
All others
|
1,181
|
1,779
|
611
|
1,547
|
1,212
|
1,611
|
328
|
727
|
914
|
626
|
863
|
657
|
2,866
|
3,285
|
Social Groups
|
||||||||||||||
Caste
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
STs
|
2,153
|
2,277
|
1,028
|
1,668
|
890
|
1,063
|
158
|
576
|
725
|
413
|
307
|
746
|
1,881
|
2,406
|
SCs
|
1,084
|
2,757
|
552
|
1,497
|
638
|
1,088
|
285
|
1,272
|
843
|
693
|
564
|
803
|
2,058
|
3,325
|
Religion
|
||||||||||||||
Hindu
|
1,195
|
2,112
|
566
|
1,283
|
796
|
1, 119
|
264
|
689
|
717
|
663
|
508
|
737
|
1, 983
|
2, 771
|
Muslims
|
1,067
|
2,312
|
167
|
1,409
|
571
|
1, 435
|
324
|
1, 328
|
944
|
823
|
781
|
830
|
2, 409
|
3, 792
|
Christians
|
108
|
944
|
2,064
|
647
|
2064
|
1, 612
|
294
|
590
|
52
|
559
|
351
|
298
|
2, 711
|
2, 200
|
Other Minorities
|
307
|
1,111
|
154
|
700
|
492
|
972
|
501
|
764
|
785
|
573
|
451
|
1, 153
|
1, 831
|
3, 386
|
Household Size Groups
|
||||||||||||||
Up to 4
|
969
|
1,996
|
571
|
1,181
|
993
|
1, 381
|
233
|
965
|
417
|
825
|
649
|
1, 053
|
2, 005
|
3, 410
|
5–7
|
1,138
|
2,155
|
547
|
1,312
|
729
|
1, 171
|
274
|
911
|
936
|
726
|
468
|
755
|
2, 125
|
3, 070
|
8 and above
|
1,200
|
2,015
|
499
|
1,239
|
764
|
1, 069
|
303
|
456
|
615
|
550
|
574
|
646
|
1, 953
|
2, 444
|
Adult Literacy Groups
|
||||||||||||||
None Literate
|
1,158
|
2,376
|
591
|
1,317
|
694
|
1, 041
|
219
|
883
|
499
|
784
|
525
|
876
|
1, 844
|
3, 036
|
Female Literate
|
772
|
2,029
|
860
|
2,108
|
1, 165
|
1, 447
|
329
|
1, 596
|
267
|
720
|
280
|
357
|
1, 547
|
3, 049
|
Male Literate
|
1,235
|
2,239
|
485
|
1,315
|
846
|
1, 166
|
309
|
618
|
826
|
661
|
463
|
876
|
2, 125
|
2, 831
|
Both Literate
|
1,051
|
1,671
|
506
|
1,116
|
775
|
1, 240
|
298
|
735
|
878
|
593
|
627
|
535
|
2, 160
|
2, 823
|
Village Development Groups
|
||||||||||||||
Low
|
1,179
|
2,207
|
621
|
1,451
|
783
|
1, 111
|
287
|
510
|
856
|
633
|
515
|
672
|
2, 199
|
2, 541
|
Medium
|
1,200
|
2,008
|
483
|
1,214
|
811
|
1, 188
|
224
|
788
|
682
|
625
|
574
|
765
|
2, 129
|
2, 877
|
High
|
991
|
2,071
|
496
|
1,146
|
738
|
1, 177
|
348
|
1, 030
|
665
|
808
|
505
|
826
|
1, 720
|
3, 349
|
All India
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Person
|
1,136
|
2,090
|
532
|
1,273
|
782
|
1, 160
|
279
|
763
|
735
|
678
|
536
|
751
|
2, 042
|
2, 89
|
Gender disparity
|
0.91
|
0.95
|
1.01
|
1.07
|
0.92
|
1.09
|
1.05
|
0.87
|
0.74
|
0.74
|
0.74
|
0.73
|
0.87
|
0.86
|
C. Social Security and Childcare Services and Facilities
Introduction
653. Social security refers to the protection which the society provides to its members through a series of public measures against economic and social hardships caused by stoppage or substantial reduction of earnings, resulting from sickness, maternity, employment injury, unemployment, invalidity, old-age and death subsidise. It includes medical care for families with children.1 In India, although social security for children is not a separate entity, the GOI has been concerned about providing childcare services and facilities so as to prevent child abuse and neglect.2
654. The Indian Constitution emphasizes social security in its Directive Principles of State Policy. These provisions reflect those in the CRC. The Directive Principles aim towards the ideals of building a true welfare state and inter alia envisage an end to economic exploitation, inequalities and inequities, and cast upon the State the duty to secure a just social order. Thus, article 38, which is the key of the Directive Principles, lays down that “The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of national life.” Article 39 says, “the State shall direct its policy in such a manner as to secure that all men and women have the right to adequate means of livelihood, that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; that the economic system is not allowed to result in the concentration of wealth and means of production to the detriment of the common good, that there is equal pay for equal work for both men and women, and that the health and strength of workers, men and women, and the tender age of children are not abused, that citizens are not forced by economic necessity to enter a vocation unsuited to their age or strength, and that childhood and youth are protected against exploitation”. Some of the other important Directives relate to the provision of free and compulsory education for all children up to the age of 14 (art. 45); promotion of educational and other weaker sections (art. 46); duty of the State to raise the level of nutrition and the standard of living and to improve public health (art. 47). Even though made non-justiciable, the Directive Principles have thus far guided the Parliament and State Legislatures in enacting social reform legislation; the courts have cited them in support of their interpretation of constitutional provisions and the Planning Commission has accepted them as useful guidelines for determining approach to national reconstruction and rejuvenation.3
655. The National Agenda for Governance
enunciated the government’s intention to announce the National Charter for
Children
with the aim to ensure that no child remains illiterate, hungry or
lacks medical facilities. An approach paper on the National Charter
for Children
has also been prepared and circulated to all States/UTs for
suggestions.
656. In India, social security programmes are designed to
provide benefits, both in cash and kind upon the occurrence of certain
contingencies.
Under the Constitution of India, social security in its broad
sense is envisaged in terms of the Directive Principles of State Policy. Though
India has
not ratified all the ILO conventions relating to social security,
there are national laws which provide for mandatory benefits in
respect of
certain provisions, such as employment generation. These include medical care
and sickness benefits, invalidity and survivor
benefits, employment injury
benefits and maternity benefits. There are also laws enacted and schemes
established by the Centre/State
Governments providing for social security and
welfare of specific categories of working people.
657. Box 6.17 summarizes
various social security laws applicable in India. Most of the laws are
applicable to workers belonging to
the organized sector. At the same time, the
benefits reach the children of workers indirectly. The Beedi and Cigar
Workers (Conditions of Employment) Act, 1966, the Plantation Labour Act, 1951,
the Contract Labour (Regulation and Abolition)
Act, 1970, the Inter-State
Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979,
The Factories Act, 1948
and the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996, lays down
provision
for establishment of crèches for the benefit of women
workers.4 Further the Maternity Benefit Act, 1961 and the Building
and Other Construction Workers (Regulation of Employment and Conditions
of
Service) Act, 1996 provides maternity benefit to the female workers.5
The GOI provides “3 months maternity and 15 days paternity” leave to
its employees. Further, the maternity leave can
be extended to one year without
loss of pay.
658. Some of the developments and improvements which have been
made in social security with respect to children during 1999-2000 are
as
follows:
Box 6.17: Principal social security laws of
India
Act Objective
The Workmen’s Compensation To provide compensation in cases of
industrial
Act, 1923 accidents/occupational diseases resulting in disablement or
death
Employees’ State Insurance To provide for health care and cash
benefits
Act, 1948 in case of sickness, maternity and employment injury.
Employees Provident Funds To provide:
and Miscellaneous Provisions Compulsory Provident Fund
Act, 1952 Pension
Deposit Linked Insurance
Maternity Benefit Act, 1961 To provide for maternity protection before
and after child birth.
Payment of Gratuity Act, 1972 To provide for payment of gratuity on
ceasing to office
.
|
Source: Annual Report, 1999-2000, Ministry of Labour,
GOI
Central Government interventions
659. In India, the concept of social security is an integral part of various programmes undertaken by the GOI. Some of the programmes/schemes, which provide social security, are mentioned below:
660. One of the main constituents of the Government’s strategy for poverty alleviation is the public distribution system (PDS). Through the PDS, food security is enhanced, particularly for the economically weaker sections of society. PDS ensures the availability of essential commodities like wheat, rice, sugar, edible oils and kerosene through a network of outlets or fair price shops (FPS). There is, at present, a network of about 460,000 PDS retail outlets in the country. Efforts to streamline the PDS have resulted in the targeted public distribution system (TPDS), which was adopted in June 1997. This system follows a two-tier subsidized pricing structure: for families below the poverty line (BPL) and for those above the poverty line (APL), the former representing the poorest of the poor. Under TPDS, the Government issues 25 kgs of foodgrains per month per BPL family at a price equal to half of the economic cost. In practice however, the current issue-price to BPL families is much less than half of the economic cost. The quantity of foodgrains earmarked to meet BPL requirements is 72 lakh tonnes per annum, benefiting an estimated 60 million people.7
661. The Integrated Child Development Services (ICDS) programme is globally recognised as one of the world’s largest and most unique community-based outreach systems for promoting early childhood care for survival, growth and development. The ICDS scheme provides supplementary food to needy children and to expectant and nursing mothers from low-income families for 300 days a year. The programme has been dealt with in detail under the section on General Principles.
662. The National Programme for Nutritional Support to Primary Education (NP-NSPE), popularly known as midday meal scheme, was launched in 1995. The programme is designed to give a boost to the universalisation of primary education by impacting enrolment, attendance, retention and the nutritional needs of children in primary classes.8
663. The Ministry of Human Resource Development has launched a new scheme called the ‘Sarva Shiksha Abhiyan’ (Education for All) to incorporate all the existing schemes and programmes in the elementary education sector. The objective of SSA is to provide quality elementary education to all children in the age-group of 6-14 years by 2010. There will be a special focus on girls, children belonging to SC/ST communities, urban slum-dwellers and low female literacy blocks.9
664. The Antyodaya Anna Yojana was launched by the Prime Minister of India in December 2000. This scheme reflects the commitment of the GOI to ensure food security for all, create a hunger-free India in the next five years and to reform and improve the public distribution system so as to serve the poorest of the poor. The scheme contemplates identification of 10 million families from the total number of BPL families who would be provided food grains at the rate of 25 kg per month. The food grains will be issued by the GOI at Rs 2 per kg for wheat and Rs 3 per kg for rice.
665. The Central sector scheme of running crèches/day-care centres for children of working/ailing mothers aims to provide day-care services mainly for children (0-5 years) of casual, migrant, agricultural and construction labourers. Children of mothers who are sick or incapacitated due to sickness or suffering from communicable diseases are also covered.
666. The Balwadi (home for children) Nutrition Programme (BNP) is being implemented through the Central Social Welfare Board and four national-level voluntary organizations. The BNP aspires to meet the very basic nutritional requirements of children in the age group 3-5 years by ensuring provision of 300 calories and 12-15 gm of protein every day. This scheme is being implemented only in the areas not covered by the ICDS.
667. The ECE scheme is being implemented as a strategy to reduce dropout rates and to improve the rate of retention of children in schools. The scheme is run by voluntary organizations through 4365 centres in nine educationally backward States of Andhra Pradesh, Assam, Bihar, Jammu and Kashmir, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh and West Bengal.10
668. BSY covers up to two girl children born on or after 15 April 1997 in a family living below the poverty line as defined by the GOI, in any rural or urban area. Under the scheme, the girl child is entitled to receive scholarships for each class of study successfully completed by her. The scholarship amount is deposited in an interest-bearing account in a bank or post-office in the name of the girl child. The interest on the deposit can be utilized for purchase of textbooks or uniforms for the girl child.11
669. The GOI and most States and Union Territories offer educational concessions by way of reimbursement of tuition fees, boarding-lodging expenses, expenditure incurred on uniforms, textbooks, transport charges, etc., to school students who are the wards of armed forces personnel killed or permanently disabled in the course of thier duties.12
670. The scheme provides a package of educational inputs through residential schools for SC girls in areas of very low SC female literacy where traditions and environment are not condusive to their learning.13
671. The scheme financially assists the children of scavengers and sweepers having traditional link with scavenging, flayers and tanners, irrespective of their religion, to pursue education up to the matriculation level. There is no income ceiling prescribed under the scheme.14
672. The main objective of the scheme of hostels for SC boys and girls is to provide hostel facilities to SC students studying in middle schools, higher secondary schools, colleges, and universities.15
673. The objective of the scheme is to upgrade the merit of SC/ST students by providing them with facilities for all-round development through education in residential schools.16
674. The programme provides for shelter, nutrition, health care, education, and recreation facilities to street children and seeks to protect them against abuse and exploitation.
675. Central assistance is available for a lump-sum family benefit for households below the poverty line on the death of primary breadwinner in the bereaved family subject to the conditions laid down in the scheme.
676. The scheme being implemented by the Ministry of Rural Development provides a lump-sum cash assistance to women of households below the poverty line, subject to conditions laid down in the scheme.
677. A major activity
undertaken under the NCLP is the establishment of special schools to provide
non-formal education, vocational
training, supplementary nutrition, stipend,
health care, etc., to children withdrawn from
employment.17
678. To extend some social security cover to the
poorest sections of society, the Finance Minister in his budget speech
2000-20001,
announced the introduction of a new scheme for group insurance, the
Janashree Bima Yojana. Under this scheme, beneficiaries will have an
insurance cover of Rs 20, 000 in case of natural death, Rs 50,000 in case of
accidental
death or total permanent disability and Rs 25,000 for partial
permanent disability due to an accident. Below poverty line participants
will
pay only half the premium, the remainder being contributed from earnings of
LIC’s existing social security fund.
679. Developed social security and welfare measures exist only in very limited areas such as maternity leave and terminal benefits in employment. Deregulation and non-intervention by the State can expose low-income children to greater risks and undermine the potential of the Government to fulfil its role under the Convention.18 Moreover, one of the major difficulties encountered in the implementation of social security is that it is limited to the organized sector. Also, India being a vast country, it is difficult to reach children in remote parts of the country.
D. Standard of Living
Article 27
680. Children
represent the most valuable asset of any nation. The Central and State
Governments of India have taken a number of initiatives to
ensure that the
rights of every child are protected through various social welfare measures that
seek to improve their standard of
living and fulfil their unique needs.
681. The Indian President’s address to the Parliament on October
25,1999 spelt out the government’s strategy and policy
approach to
employment generation and social development. This policy envisages rapid and
multi sectoral growth through a bold strategy
of economic reforms. The
Government is expected to provide strong policy and regulatory leadership; the
private sector will provide
the dynamism and efficiency of the competitive
environment; and local democratic institutions and the civil society will bring
about
enthusiastic participation by the people.
682. Elements of the social
policy include:
683. A special package for housing
construction and services was announced in the economic budget 1999-2000 by the
President. Commercial
banks were permitted to lend up to three per cent of
incremental deposits for housing. Housing finance companies were given liberal
tax treatment for non-performing assets. A new National Housing Bank Scheme will
provide interest-rate concessions for small borrowers.
Changes are to be made in
the foreclosure laws, through amendments in the National Housing Bank Act, to
facilitate housing mortgages.1
684. The GOI recognizes that high
growth of incomes is by itself not enough to improve the quality of life of the
poor. Unless all
the citizens of the country, particularly the poor, have
certain minimum basic services, their living conditions cannot improve.
These
basic services include safe drinking water, primary health facilities, universal
primary education, nutrition for school and
pre-school children, shelter for the
poor, road connectivity to all villages and habitations, and a public
distribution system with
a focus on the poor.
685. The Ninth Five-Year Plan
lays emphasis on these basic services and will make efforts to achieve a minimum
level of satisfaction
in providing these in partnership with the State
Governments and Panchayati Raj Institutions (PRIs). Poverty alleviation
programmes
will be oriented towards strengthening the productive potential of
the economy and providing more opportunities for involving the
poor in the
economic process. This is possible through a process of social mobilisation,
encouraging participatory approaches and
institutions and empowerment of the
poor. In this the PRIs, the voluntary organisations and community-based
self-help groups will
be involved.2
686. The main determinants of
poverty are lack of income and purchasing power, lack of productive employment,
inadequacy of social
infrastructure, affecting the quality of life of the people
and their employability. Poverty eradication has been one of the
major objectives of planned development. The magnitude of this problem is quite
staggering.
Thirty six per cent of the Indian population was below the poverty
line in 1993-94, and the absolute number of poor was 320 million,
out of which
244 million (37 per cent of rural population) lived in rural areas.3
Anti-poverty programmes for generation of self-employment and wage-employment in
rural areas have been designed and restructured
to improve their impact on the
poor. Most of the ongoing programmes and schemes for the weaker sections of
society have been reviewed
and restructured wherever necessary to enhance their
scope. Efforts are being made to ensure that women are empowered both
economically
and socially and thus become equal partner in national
development4 .
687. The National Housing and Habitat Policy,
1998, was formulated to address the issues of sustainable development and
infrastructure
and to create a strong public-private partnership. The objective
of the policy is to create surpluses in housing stock and facilitate
the
construction of two million additional dwelling units each year. It also seeks
to ensure that housing, along with supporting
service, is treated as a priority
sector at par with infrastructure. The central theme of the policy is the
creation of strong public-private
partnerships to tackle housing and
infrastructural problems. The Government would also provide fiscal concessions,
carry out legal
and regulatory reforms and create an enabling
environment.
688. The problem of housing shortage, compounded by population
explosion, has also been addressed by the above policy. The National
Agenda of
Governance has identified housing for all as a priority area, with particular
emphasis on the needs of the vulnerable groups.
The programme is aimed at
facilitating the construction of 2 million additional units every year, the
emphasis being on the economically
weaker section (EWS) and lower income group
(LIG) section of the population, as also the needs of the Scheduled
Castes/Scheduled
Tribes and other vulnerable groups. Of the 2 million additional
houses, 700,000 will be constructed in urban areas and the remaining
1.3 million
in rural areas. An action plan for rural housing has accordingly been
prepared.
689. Housing shortage exists in all States. The shortage is maximum
in a few States, with Bihar accounting for nearly one-third of
housing shortage
in the country followed by Andhra Pradesh, Assam, Uttar Pradesh and West Bengal,
which together account for another
44.65 per cent. In the remaining States, the
shortage is less than five per cent. Hence, the total housing shortage is about
13.72
million. It should be pointed out that this shortage covers both the
poor and non-poor households. In addition, it has been estimated
that another
10.75 million houses would be required between 1991-2002 on account of an
average annual growth of 0.89 million people
without shelter. Thus, around 24.5
million houses have to be constructed by 2002. However, it is estimated that 6.8
million houses
would have been already constructed under various Central and
State housing schemes. Therefore, the total housing shortage would
be
approximately 17.67 million. Of this, 10.3 million would require upgradation and
7.36 million units would have to be newly constructed.5
Current situation
690. In rural India, the poverty line is estimated to be Rs 2,444 per year. On the basis of the poverty line measure, the head count ratio (HCR) for rural poor in India was estimated to be 39 per cent in 1994. The highest percentage of poor are found in Orissa (55 per cent), followed by West Bengal (51 per cent), Himachal Pradesh (45 per cent), Bihar (42 per cent), and Uttar Pradesh, Madhya Pradesh and Rajasthan (40 per cent each). A lower proportion of poverty is found in Andhra Pradesh, Haryana, Kerala, Punjab, Karnataka, Tamil Nadu and Maharashtra.
691. Both the incidence and intensity of poverty are higher among Scheduled Tribes and Scheduled Castes in comparison with the national average. The HCR is about 50 among STs and SCs in comparison with only 39 for rural India. The HCR is 43 per cent among Muslims, in comparison with only 27 among Christians and 39 among Hindus.6
692. According to the Economic Survey 1999-2000, the incidence of poverty expressed as the percentage of people below the poverty line is observed to have declined from 56.4 per cent in 1973-74 to 37.3 in 1993-94 in rural areas and from 49 per cent to 32.4 per cent in urban areas. For the country as a whole, the percentage of people below the poverty line declined from 54.9 per cent in 1973-74 to 36 per cent in 1993-94. However, the number of poor in the country remained more or less stable at around 320 million due to the rise in population.
693. The National Council of Applied Economic Research (NCAER) survey in rural India in 1994 estimated the total expenditure per capita per month at current prices. These expenditures give an indication of the level of expenditures and the type of expenditures in rural India. The mean per capita per month household expenditure worked out to be Rs 287. This expenditure ranged from a high of Rs 554 in Punjab, to a low of Rs 208 in Madhya Pradesh and Rs 210 in Orissa.
694. Expenditure on foodgrains alone was estimated to be about 31 per cent,
but this proportion was low in Haryana, Punjab and Rajasthan.
On the other hand,
expenditure on foodgrains was found as high as 43.3 per cent and 42.7 per cent
in Bihar and Orissa, the poorer
states. Expenditures on health and education are
7.4 per cent and 3.1 per cent, respectively for rural India. Per capita
proportion
of expenditure on health care is high in Uttar Pradesh, Tamil Nadu,
Madhya Pradesh and Andhra Pradesh. Lower expenditures are found
in Gujarat,
Orissa, Haryana and Punjab. Expenditure on education of children is high in
Himachal Pradesh, followed by Kerala and
Haryana. It is low in Andhra Pradesh,
Rajasthan, Uttar Pradesh and Tamil Nadu.
695. The per capita consumption of
food grains varies only marginally according to various population groups.
Consumption levels are
lower for landless labourers, those living below the
poverty line, and those living in larger households. The lower levels of
consumption
among all these groups appear to be due to lack of purchasing
capacity or resources. The consumption of cereals is low among Scheduled
Tribes,
which may be due to geographic and cultural reasons. Since Scheduled Tribes live
in remote areas, and possibly hilly and
forest areas, their access to food
grains is likely to be limited, and may be supplemented by other food items
available from common
property resources.7
696. Kerala has emerged as a leader in terms of the human development index based on life expectancy, adult literacy and GDP. The State is one of the few areas in the developing world where the birth rate fell to a very low level—25 per thousand—in the 1980s and less than 20 in the 1990s. Along with the decline in fertility came improvements in health, hygiene, sanitation, literacy and status of women. Its success is due to a higher level of investment in the sectors of social development, particularly in the fields of health and education.8
Table 6.18: Rising per capita health expenditure in
Kerala
|
|
Year
|
Per capita health expenditure
|
1993
|
94 Rs 98.53
|
1997
|
98 Rs 168.22
|
1998
|
99 Rs 192.56
|
1999
|
2000 Rs 233.54
|
Source: Kerala State Report on CRC, Government of Kerala
Quality of life
697. In India, electricity, source of water, availability of safe drinking water, sanitation facility, the type of housing, cooking fuel and per capita income are some of the indicators used to assess the standard of living.
698. NFHS-2 estimates that the proportion of households with electricity is 91 per cent in urban areas and 48 per cent in rural areas. Thirty-nine per cent of households in India use piped drinking water, the same proportion drink water from hand-pumps, nineteen per cent drink water from wells and 3 per cent drink surface water. Only 24 per cent of households have a flush toilet that uses piped water or bucket for flushing, Twelve per cent have a pit toilet or latrine, and 64 per cent have no facility. Again, there are large urban-rural differences; 64 per cent of urban households have flush toilets compared with only 9 per cent of rural households.
699. Several types of fuel are used for cooking in India, with wood as the
most common type. Overall, 59 per cent of households rely
mainly on wood, 17
per cent on liquid petroleum gas, 13 per cent on either crop residues or
dung cakes, 8 per cent on kerosene, and
the rest on other fuels. Sixty-eight
per cent of urban households rely mainly on liquid petroleum gas or kerosene,
while 73 per
cent of rural households rely mainly on wood.
702. Table 6.19
presents an inter-state comparison of housing characteristics. The percentage
of households with electricity is lowest
in Bihar (18 per cent), Assam (26 per
cent), Orissa (34 per cent), and West Bengal and Uttar Pradesh (37 per cent
each). More than
90 per cent of households have electricity in Delhi (98 per
cent) Himachal Pradesh (97 per cent). In addition, over three-quarters
of
households have electricity in Haryana, Gujarat, Mizoram, Sikkim, Tamil Nadu and
Manipur.
Table 6.19: Some quality of life indicators
|
|||||||
Selected housing characteristics by State, India,
1998-99
|
|||||||
State
|
With electricity
|
With drinking water that is piped or from a hand
pump
|
Percentage of households
|
Living in a pucca house
|
Mean number of persons per room
|
||
With a toilet or latrine facility
|
Using biomass fuel for cooking
|
||||||
India
|
60.1
|
77.9
|
35.9
|
71.7
|
32.0
|
2.7
|
|
North
|
|
|
|
|
|
|
|
Elhi
|
97.7
|
98.7
|
94.4
|
3.6
|
88.2
|
2.2
|
|
Haryana
|
89.1
|
88.0
|
39.0
|
66.9
|
46.7
|
2.4
|
|
Himachal Pradesh
|
97.2
|
77.4
|
26.7
|
64.0
|
28.7
|
1.8
|
|
Jammu& Kashmir
|
90.1
|
70.6
|
51.0
|
65.8
|
36.1
|
2.2
|
|
Punjab
|
95.5
|
98.9
|
51.4
|
60.6
|
52.1
|
2.1
|
|
Rajasthan
|
64.4
|
69.8
|
27.8
|
81.0
|
41.4
|
3.0
|
|
Central
|
|
|
|
|
|
|
|
Madhya Pradesh
|
68.1
|
63.5
|
22.2
|
79.3
|
19.2
|
2.9
|
|
Uttar Pradesh
|
36.6
|
85.6
|
26.5
|
82.8
|
24.8
|
3.1
|
|
East
|
|
|
|
|
|
|
|
Bihar
|
18.2
|
75.4
|
16.8
|
85.9
|
15.5
|
2.9
|
|
Orissa
|
33.8
|
65.3
|
13.5
|
86.8
|
14.8
|
2.4
|
|
West Bengal
|
36.7
|
89.3
|
44.8
|
65.7
|
32.8
|
2.7
|
|
North-East
|
|
|
|
|
|
|
|
Arunachal Pradesh
|
68.9
|
80.7
|
73.0
|
80.8
|
14.2
|
2.2
|
|
Assam
|
26.4
|
60.1
|
63.0
|
87.1
|
10.9
|
2.1
|
|
Manipur
|
75.3
|
48.9
|
92.0
|
69.2
|
7.1
|
2.1
|
|
Meghalaya
|
41.2
|
42.1
|
52.0
|
83.5
|
14.5
|
2.0
|
|
Mizoram
|
84.1
|
63.2
|
97.7
|
57.4
|
16.2
|
2.6
|
|
Nagaland
|
56.3
|
40.5
|
74.3
|
86.1
|
18.1
|
1.6
|
|
Sikkim
|
80.7
|
84.6
|
72.7
|
63.2
|
50.6
|
2.0
|
|
West
|
|
|
|
|
|
|
|
Goa
|
93.5
|
61.8
|
58.9
|
41.4
|
51.0
|
1.6
|
|
Gujarat
|
84.3
|
84.5
|
44.9
|
54.5
|
45.2
|
2.7
|
|
Maharashtra
|
82.1
|
81.9
|
45.9
|
51.9
|
28.3
|
3.0
|
|
South
|
|
|
|
|
|
|
|
Andhra Pradesh
|
74.4
|
78.5
|
27.3
|
74.1
|
39.9
|
2.9
|
|
Karnataka
|
80.9
|
87.0
|
38.6
|
67.8
|
41.2
|
2.5
|
|
Kerala
|
71.8
|
19.9
|
85.2
|
81.7
|
79.8
|
1.3
|
|
Tamil Nadu
|
78.8
|
85.0
|
34.0
|
66.5
|
27.6
|
2.2
|
Source: India, National Family Health Service (NFHS-2), 1998-99, International Institute for Population Sciences, Mumbai, India
703. The issue of drinking water and sanitation has been discussed in detail under the article on Health and Health Services.
704. The percentage of households living in pucca houses is quite low in most States. In Orissa, Bihar, Madhya Pradesh, and all States in the North-East except Sikkim, less than 20 per cent of households live in pucca houses. Delhi (88 per cent) and Kerala (80 per cent) are the only States in which more than 60 per cent of households live in houses classified as pucca. Households are least crowded in Kerala (1.3 persons per room), followed by Goa and Nagaland (1.6 persons per room). Households in Uttar Pradesh, Rajasthan, Maharashtra, Andhra Pradesh, Bihar, and Madhya Pradesh have an average of around three persons per room, which puts them in the most crowded category.
705. Overall, half of the households in India do not own any agricultural land. Thirty-nine per cent of households in rural areas do not own agricultural land, compared with 80 per cent of households in urban areas. In rural areas, among those who own land, 64 per cent have at least some irrigated land. The proportion of households owning a house is 78 per cent in urban areas, 95 per cent in rural areas, and 90 per cent overall. The proportion of households owning livestock is 14 per cent in urban areas, and 47 per cent overall.
706. The possession of durable goods is another indicator of a household’s socio-economic level. The majority of Indian households have a cot or a bed (81 per cent) or a clock or watch (67 per cent). Other durable goods found in many households are bicycles (48 per cent), mattresses (47 per cent), chairs or electric fans (46 per cent each) tables (40 per cent), radios (38 per cent), pressure cookers (30 per cent), and black and white televisions (25 per cent). A small proportion of households own sewing machines (18 per cent), motorcycles, scooters, or mopeds (11 per cent), refrigerators (11 per cent), colour televisions (10 per cent), water pumps (9 per cent), telephones (7 per cent), and cars (2 per cent). Urban households are much more likely than rural households to own each of these durable goods. In rural areas, 9 per cent of households own a bullock cart, 3 per cent own a thresher, and 2 per cent own a tractor.9
Purchasing Power Parity (PPP)
707. Purchasing power parity is an adjustment which is applied to incomes and is useful for comparing the living standards in different countries. The PPP is the adjustment for research purposes of data on the money incomes to reflect the actual power of a unit of local currency to buy goods and services in its country of issue, which may be more or less than what a unit of the same currency will buy of equivalent goods and services in foreign countries at current market exchange rates.
708. According to the UNDP Human Development Report 2000, the GDP per capita income of India in US dollars as per the PPP was US$ 2,077 in 1998.
Table 6.20: Comparison of GDP per capita (PPP US$) -
1998
|
|
Country
|
GDP per capita
|
China
|
3105
|
Indonesia
|
2651
|
India
|
2077
|
Pakistan
|
1715
|
Bangladesh
|
1361
|
709. This compares favourably with other high population developing
countries.
710. The PPP percapita income in India compares favourably with
India’s per capita income, which was US$ 444 in 1998 (HDR 2000).
711. The GDP per capita of India has doubled over the past 25 years,
according to HDR 2000. The increase has been proportionally higher in the
recent decade.
Table 6.21: GDP per capita (1995 US$)
|
|
1975
|
222
|
1980
|
231
|
1985
|
270
|
1990
|
331
|
1998
|
444
|
Disparities
712. There is a considerable male-female disparity
in GDP per capita income. The PPP-adjusted GDP per capita is US$ 1,105 for
females
and US$ 2,987 for males. The income of females is only about 40 per cent
that of males.
713. There are large variations in the per capita income of
India’s States and UTs as shown in Table 6.22.
714. There is a strong
correlation between income and many development indicators, as revealed in a
survey by the NCAER (1994).
715. As is to be expected in a country of
India’s immense size and widely differing resources from region to region,
the very
low per capita income in India is an average for the entire population
of around one billion people. There are tremendous variations
in the income
levels of Indians, with two of them featuring amongst the world’s 50
richest persons, and more than 300 million
below the poverty line.
Table 6.22: Per capita net state domestic product at
current prices (Rs)
|
|||||
State
|
1994-95
|
1995-96
|
1996-97(P)
|
1997-98(Q)
|
1998-99(A)
|
A & N Island
|
10476
|
10911
|
12653
|
-
|
-
|
Andhra Pradesh
|
8145
|
9274
|
10806
|
10590
|
-
|
Arun. Pradesh
|
9417
|
11803
|
12032
|
13424
|
-
|
Assam
|
6017
|
6824
|
6928
|
7335
|
-
|
Bihar
|
3737
|
3533
|
4281
|
4654
|
-
|
Delhi
|
19954
|
21830
|
22687
|
-
|
-
|
Goa
|
16703
|
20141
|
23061
|
23482
|
-
|
Gujarat
|
11810
|
12914
|
14875
|
16251
|
-
|
Haryana
|
12283
|
13573
|
16392
|
17626
|
-
|
Him. Pradesh
|
7846
|
8747
|
-
|
-
|
-
|
J&K
|
5860
|
6231
|
6658
|
-
|
-
|
Karnataka
|
8504
|
9359
|
10504
|
11693
|
-
|
Kerala
|
7578
|
9004
|
10809
|
11936
|
-
|
M.P.
|
6034
|
6775
|
7571
|
8114
|
-
|
Maharashtra
|
13368
|
15770
|
17666
|
18365
|
-
|
Manipur
|
6542
|
6914
|
7510
|
8194
|
-
|
Meghalaya
|
6402
|
7862
|
8474
|
-
|
-
|
Mizoram
|
7743
|
9570
|
13360
|
-
|
-
|
Nagaland
|
8550
|
9758
|
11174
|
-
|
-
|
Orissa
|
5369
|
6236
|
5893
|
6767
|
-
|
Pondicherry
|
10489
|
11512
|
11677
|
-
|
-
|
Punjab
|
14534
|
16053
|
18006
|
19500
|
-
|
Rajasthan
|
6951
|
7523
|
8974
|
9356
|
9819
|
Sikkim
|
8869
|
9472
|
-
|
-
|
-
|
Tamil Nadu
|
9353
|
10222
|
11708
|
12989
|
-
|
Tripura
|
4366
|
5083
|
5432
|
5804
|
6200
|
Uttar Pradesh
|
5339
|
5872
|
6713
|
7263
|
-
|
West Bengal
|
7436
|
8491
|
9579
|
10636
|
-
|
(P) - Provisional
(Q) - Quick estimates
NA - Not Available
716. India’s middle class, one of the largest in the world, comprises educated professionals, businessmen and technocrats, who enjoy a good standard of living.
717. Poverty alleviation and employment generation programmes have been in operation since the beginning of the Five Year Plans. The specifically designed anti-poverty programmes for generation of self-employment and wage-employment in rural areas have been restructured to improve their impact on the poor.
718. The focus of development planning in India has rightly been on the alleviation of rural poverty since Independence. Rural India, however, continues to suffer from high incidence of poverty in spite of strong anti-poverty programmes in successive years. In percentage terms, poverty level has reduced from 56.44 per cent in 1973-74 to 37.27 per cent in 1993-94. In absolute terms, however, the number of rural poor has remained more or less static. It is estimated to be about 244 million. The adverse effect of such a large size of the poor on the country's development is not difficult to appreciate. It is in this context that self-employment programmes assume significance. The Swarnajayanti Gram Swarozgar Yojana (SGSY) has been launched with effect from 1 April, 1999. As a result, the erstwhile programmes, viz. Integrated Rural Development Programme (IRDP), Development of Women and Children in Rural Areas (DWCRA), Training of Rural Youth for Self-employment (TRYSEM), Supply of Improved Toolkits to Rural Artisans (SITRA), Ganga Kalyan Yojana (GKY) and Million Wells Scheme (MWS) ceased to be in operation. The SGSY has been devised keeping in view the positive aspects and deficiencies of the earlier programmes.
719. The primary
objective of this programme is the creation of demand-driven village
infrastructure, including durable assets at
the village level to enable the
rural poor to increase the opportunity of sustained employment and to generate
supplementary employment
for the unemployed rural poor. Under Jawahar Gram
Samridhi Yojana (JGSY), 22.5 per cent of the annual allocation must be spent on
beneficiary schemes for Scheduled Castes/ Scheduled Tribes and three per cent to
be utilized for barrier-free infrastructure for
the disabled. Another objective
is to generate supplementary employment for the unemployed rural
poor.
720. The Employment Assurance Scheme (EAS), launched in October 1993 in
1772 identified backward blocks situated in drought-prone,
desert, tribal and
hill areas has been restructured as a single wage-employment programme from
April 1999. This programme is being
implemented in all the 5448 blocks with a
fixed annual outlay. The primary objective of the EAS is the creation of
additional wage-employment
opportunities during the period of acute shortage of
wage-employment through manual work for rural poor living below the poverty
line. The second objective is the creation of durable community, social and
economic assets to sustain future employment and development.
The zilla
parishads are designated as the implementing authorities of the
scheme.
721. The ongoing National Social Assistance
Programme (NSAP) provides benefits under its three components, viz., National
Old Pension
Scheme, National Family Benefit Scheme and National Maternity
Benefit Scheme. The Prime Minister’s Rozgar Yojana (PMRY) was
launched in urban areas in 1993-94 and extended to rural areas from 1994-95 for
providing self-employment to the educated
unemployed. It attempted to generate
employment for more than a million persons by setting up 700,000
micro-enterprises during 1992-1997.
The scheme continues in the Ninth Plan with
certain modifications, and a target of 220,000 beneficiaries has been fixed for
1999-2000.
722. The Swarna Jayanti Shahari Rozgar Yojana (SJSRY), which subsumed the earlier three urban poverty programmes, viz., Nehru Rozgar Yojana (NRY), Urban Basic Services for the Poor (UBSP) and the Prime Minister’s Integrated Urban Poverty Alleviation Programme (PMIUPEP), came into operation from December 1997. It sought to provide employment to the urban unemployed or underemployed poor living below the poverty line and educated up to standard IX through encouraging the setting up of self-employment ventures or provision of wage-employment. The scheme gave special impetus to the empowerment and upliftment of poor women, and launches a special programme, the Development of Women and Children in Urban Areas (DWCUA), under which groups of poor urban women setting up self- employment ventures are eligible for subsidy up to 50 per cent of the project cost.10
723. The GOI has been implementing the Indira Awaas
Yojana (Indira Housing Scheme) since 1985-86 with the objective of providing
dwelling units free of cost to the members of the Scheduled
Castes/Scheduled
Tribes and freed bonded labourers living below the poverty line in the rural
areas.
724. The Samagra Awaas Yojana (Universal Housing Scheme) is
another comprehensive housing scheme launched recently with a view to
ensuring an integrated provision of shelter, sanitation and drinking water. It
has
been decided to take up the Samagra Awaas Yojana on a pilot basis in
one block in each of the 25 districts of 24 States and one Union Territory,
which have been identified for implementing
the participatory approach under the
Accelerated Rural Water Supply Programme.
725. HUDCO shall proactively
intervene to ensure adequate geographical distribution of the benefits under its
Rural Housing Scheme.
The National Mission for Rural Housing and Habitat has
been set up by the Ministry of Rural Development to facilitate the induction
of
science and technology inputs on a continuous basis into the sector. It would
provide convergence of technology, habitat and energy-related
issues with a view
to providing affordable shelter to all in rural areas within a specified
time-frame and through community participation.11
726. The United
Nations Centre for Human Settlements (UNCHS) was established through a
resolution of the UN General Assembly for guiding
habitat activities. India has
been a member of the organisation since its inception. An annual contribution
of US$ 100,000 payable
in Indian currency, is made by India. The Minister of
Rural Development has been closely associated with the activities of
UNHCS.
727. The second UNCHS (Habitat II in Istanbul 1996) supported the
habitat agenda and the experts. It declares that the need of the
children and
the youth, particularly with regard to their living environment, have to be
taken fully into account. Special attention
needs to be paid to the
participatory processes dealing with the shaping of cities, towns and
neighbourhoods. This is in order to
secure the living conditions of children and
youth, to make use of their insight, creativity and thoughts on the environment.
Special
attention must be paid to the shelter needs of vulnerable children such
as street children, refugee children, and children who are
victims of sexual
exploitation.12
SECTION VII
EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(Arts. 28, 29, 31)
A. Education, including Vocational Training and Guidance
Article 28
Introduction1
728. The national policies of
education in India have always underscored the Constitutional resolve to provide
quality education to
all. Education being a concurrent subject, partnerships
between the Central and State Governments have been the basis for implementing
a
large number of centrally sponsored initiatives. In order to focus on the
urgency of achieving universal elementary education and
literacy, a separate
Department of Elementary Education and Literacy has been created recently, which
together with the Department
of Secondary and Higher Education, has introduced a
number of initiatives in order to meet the needs of human resource development
in a rapidly changing world. While doing so, the promotion of excellence and
equity in education has been the major concern.
729. The provision of
Universal Elementary Education (UEE) has been a salient feature of India’s
national policy. The Hon'ble
Supreme Court, in its order in the Unni Krishnan
Case (1993), has declared education of children up to the age of 14 years a
fundamental
right. Recent household surveys confirm that nearly 79 per cent of
children in the 6–14 years age group are attending schools.
In order to
mainstream children who are at present out of school and to improve the quality
of instruction for those in school, the
Government has been making concerted
efforts. Some of the major initiatives are:
730. The Central Government has reviewed the existing elementary schemes to provide for flexibility of approach and for implementation of universal elementary education in a mission mode. Based on the recommendations of the report of the committee of education ministers, a holistic and convergent programme viz. the Sarva Shiksha Abhiyaan, (Education for All) has been launched (details in box 7.1). Such an approach will provide for effective decentralised planning and and community-ownership of initiatives in the elementary education sector. It will also be an opportunity for implementing cost-effective strategies for universalization of education. The revision of the teacher education scheme envisages a move towards a convergent and flexible approach that allows for autonomy in decision making, based on the local context. The quest for quality and excellence is reflected in the changes that are being incorporated. DPEP, for instance, has emerged as a major programme to achieve universal primary education. DPEP is a holistic approach which aims to achieve the national objectives of universal access, retention and achievement of minimum levels of educational attainment, with a focus on girls and children belonging to socially deprived and economically backward sections of society.
Box 7.1: Sarva Shiksha Abhiyaan
The Sarva Shiksha Abhiyaan (SSA) has been launched to ensure that
every child in the 6–14 years age-group is either in a school, education
guarantee centre,
or a back-to-school camp by 2003. It has also been decided to
ensure five years of primary schooling for every child in India by
2007 and
eight years of elementary schooling by 2010. In order to improve the quality of
learning, curricular framework has been
reviewed to make it more relevant to
life and promote competency-based learning. Work education, value education and
activity-based
learning are being facilitated in the process of the curricular
review. Community ownership and effective monitoring by the elected
Panchayati Raj (local self-government) and urban local body
representatives are being attempted in the SSA.
|
Source: Annual Report 2000-2001, Department of Elementary Education & Literacy, Department of Secondary and Higher Education, Ministry of Human Resource Development, GOI
731. Initiatives for deprived children in urban
areas are already under way in Mumbai, and other such urban projects are likely
to
start in Calcutta, Delhi, Bangalore, Ahmedabad, Hyderabad, and other cities.
The education of girls is a priority and efforts to
facilitate learning
opportunities for them are being made. The 148 districts with low female
literacy among the Scheduled Castes/Scheduled
Tribes are being targeted as a
priority under the SSA.
732. In the realm of secondary education, the
National Council for Educational Research and Training (NCERT) has initiated a
review
of the curriculum framework, and the Central Board of Secondary Education
(CBSE) has introduced a system of comprehensive evaluation
in its schools over
the years. NCERT’s new curriculum design focuses on the objectives of
skill building, acquisition of competencies
and understanding of the issues
relevant to the needs of a child. The school-based evaluation by the CBSE has
tried to capture the
overall cognitive development of a child, so far ignored by
the school evaluation process, by adopting a grade system for each subject
at
the Class X stage.
733. The Justice Verma Committee constituted by the
Government highlighted the need for inculcating knowledge about fundamental
duties
enshrined in the Constitution as a curriculum concern among students.
Information technology (IT) in schools was another curriculum area addressed by
the Government
with the introduction of new syllabi based on IT. Given the fact
that less than two per cent children with disabilities—out
of a total of
over 16 million—have joined the school system, programmes for
attitudinal changes, capacity-building among teachers
and training institutions
to educate these children in inclusive school settings have also been taken up
by the Government.
734. The National Open School (NOS) entered the elementary
education sector in a significant way, particularly for children who are
not
reached by the regular school system. These include working children, children
with disabilities and children from other marginalized
groups.
735. Similarly, due attention is being paid to vocational education
to meet the learning needs of school dropouts, as well as regular
students who
wish to adopt the vocational system. Schemes to promote computer literacy in
schools are also being revised to provide
for computer literacy in at least
10,000 secondary schools of the country. The Kendriya Vidyalaya Sangathan
(KVS) and Navodaya Vidyalaya Sangathan (NVS) have resolved to provide
computer literacy in all their schools.
736. Schemes for modernization of
madrasas (school for religious instruction for Muslims) and
area-intensive schemes for minorities have been a priority and are being
regularly monitored. The aim is to have a focused and
convergent approach for
implementing all the programmes for minorities in the 331 blocks with a
significant minority population.
737. In the area of higher education, while
all attempts are being made in the formal education sector to increase access,
the open
university system with the Indira Gandhi National Open University
(IGNOU) at its apex, has dramatically improved access through its
network of
regional and study centres.
738. In recent years, there have also been a
large number of State-specific initiatives. For instance, Andhra Pradesh has
adopted
an innovative elected school management committee approach for improving
community ownership of schools. Madhya Pradesh and Uttar
Pradesh have
decentralized management of education to Panchayati Raj (local
self-government) institutions and urban local bodies. States like West Bengal
have drawn up plans for Universal Elementary
Education (UEE). Bihar has launched
an attendance scholarship scheme for children from families below the poverty
line. These efforts
reflect recent interest across educationally backward States
to provide quality elementary education to all children up to 14 years
of
age.
739. According to the Constitution of India, primary and elementary schooling are required to be provided free of cost to all citizens, implying that neither school enrolment nor continuation rates should differ across States and socio-economic groups.
740. A holistic view was taken in 1986 when the National Policy for Education (NPE) visualized education as a dynamic, cumulative, life-long process, providing diversity of learning opportunities to all segments of society. The NPE, 1986, as well as its Programme of Action (POA), which was the result of deliberations, consultations and consensus, was reviewed and updated in 1992. The introductory part of the POA envisages that given the rich diversity of our nation it would be in the fitness of things if each State and Union Territory formulates a State POA in accordance with its situational imperatives, as well as with the POA, 1992.2 The task of implementing NPE and POA lies with States and UTs, and the Centre was to monitor the implementation. Accordingly, the POA was circulated to all States and UTs to draw their own State Programme of Action (SPOA). Besides implementation by the States and UTs, Central ministries and departments, the Planning Commission, autonomous organisations and bureaus in the Department of Education were to take action on NPE and POA. However, the implementation and formulation of SPOAs by State Governments require intensification.
741 A comprehensive review of the education situation was held in New Delhi in November 1999 by the education departments of the Centre and all the States/UTs. Representatives from professional bodies and NGOs also participated in the review, which identified the steps to be taken. These were:
742. The Prime Minister’s Special Action Plan (SAP) has stressed the need for expansion of and improvement in the social infrastructure in the field of education. The Government has accorded high priority to education, the main facets of which are:
Box 7.2: Recent trends towards structural reforms in
elementary education in India Elementary education is recognised as a fundamental right of all citizens
in India. The Supreme Court of India, in its judgement in
the Unni Krishnan Case
(1993), has held that all citizens have a fundamental right to education up to
the age of 14 years. The GOI
introduced the 83rd Constitutional
Amendment Bill in Parliament in 1997, to make education a fundamental right of
all children between 6–14 years;
Greater emphasis on decentralisation of educational planning and
administration. The 73rd and 74th Constitutional
Amendments have provided a statutory base for decentralised educational
planning;
Multi-sectoral holistic approach to UEE;
Greatest stress on creation of conditions that would encourage increased
community participation in effective school management and
supervision;
Re-examination of relationship among the Government, NGOs and private
institutions to harness potential non-governmental institutions
in pursuit of
UEE;
Recognition of limitations of market forces in ensuring equity and equality
in elementary education. The Government is committed to
enhancing financial
allocation for education to six per cent of the GDP; and
Greater thrust on community-based support structures, educational planning
and monitoring and evaluation to improve elivery of elementary
education.
|
Source: Janshala Newsletter, Vol. II, Issue 1, January 1999, GOI
743. The proposed 83rd Constitutional Amendment Bill, 1997,
guarantees the right to free and compulsory education for children from
6–14 years of
age. It also makes it a fundamental duty of
parents/guardians to provide opportunities for education to children in this age
group.4
744. The Tamil Nadu Compulsory Education Act, 1994,
came into force from July 1998. Art. 4 of the Act makes it a duty of every
parent or guardian to send their ward to attend an elementary
school if he or
she is of the school-going age. On failure, the parent or guardian shall be
punished with a fine, which may extend
to one hundred rupees. Further, to
safeguard the interest of families, it is listed as a cognizable offence, where
no court shall
take cognizance of the offence punishable under this Act, unless
and until the complaint is given in writing by an officer authorized
by the
Government in this regard.5
745. The Government has declared its
commitment to every child in the Ninth Plan (19972002). The challenge is to
reach every young
child and his/her family, especially the disadvantaged, with
the active participation of the community, to promote holistic development
and
growth. The approach to the Ninth Five-Year Plan has been formulated in the
light of these objectives. The total central plan
allocation on education has
been enhanced from Rs 40.54 billion in 1998–99 (RE) to
Rs 47 billion in 1999–2000 (BE).6
746. The Department of Education was one
of the constituent units of the Ministry of Human Resource Development (MHRD)
till October
1999, when the Department of Culture and Youth Affairs and Sports
was put under a separate ministry. In order to give a thrust to
the activities
relating to elementary education and literacy, the erstwhile Department of
Education has also been reorganised, creating
a separate Department of
Elementary Education and Literacy. The remaining activities of the Department of
Education are to be handled
in the redesignated Department of Secondary
Education and Higher Education. In matters relating to these two departments,
the Minister
for Human Resource Development is assisted by a Minister of State.
Each Department is headed by a Secretary to the Government of
India (GOI).
747. The Department is organized into bureaux, divisions, branches, sections
and units. Each bureaux is under the charge of a Joint
Secretary or Joint
Educational Advisor, an officer of equivalent
rank.7
748. School education in India comprises four levels:
primary, upper primary, secondary and higher secondary. The National Policies
on
Education (1968 and 1986, and the latter’s revised formulation of 1992)
envisaged a uniform (10+2) pattern of school education
across States. Although
education is on the concurrent list, States are free to evolve their own pattern
of school education. Eight
years of elementary education comprise two stages: a
primary stage of classes I–V and an upper primary stage of classes
VI–VIII.
However, eight years of compulsory education have been envisaged
as one integrated unit. The official age of entry to class 1 is
six years but
in a few States, it is five years. The Government has recently decided to
introduce a Constitutional Amendment Bill
which will make elementary education a
fundamental right. This will be implemented as part of the Sarva Shiksha
Abhiyan. In fact, some States such as Kerala have already made elementary
education compulsory.
749. Like elementary education, classes comprising
secondary education differ in States. While secondary stage consists of classes
IX and X in 19 States, it consists of classes VIII, IX and X in 13 States.
Within a State, however, complete uniformity prevails.
Government, local bodies
and private managements maintain schools. In addition, private educational
institutions, both in rural
and urban areas, also exist in large
numbers.
750. In most States, after 10 years of schooling, 2+3+2+ pattern is
prevalent, which consists of two years of higher secondary education,
three
years of first degree education and two years of postgraduate
education.8
751. Education, the most crucial
investment in human development, is an instrument for developing an economically
prosperous society
and for ensuring equity and social justice. Despite
Governmental efforts at UEE, half the adult Indian population continues to be
illiterate, and two thirds of women are illiterate. The literacy rate for rural
India as a whole is 54 per cent: 66 per cent for
males and 40 per cent for
females, with a gender disparity of about 40 per cent9 (Census
2001).
752. However, recent estimates of literacy at the national level have
shown a significant increase from 52 per cent in 1991 to 62
per cent in 1997.
The increase was significant among the educationally backward States.
Large-scale expansion of formal primary education
in the early 90s and
innovative strategies of primary education development projects like DPEP have
contributed substantially to
these outcomes. Nonetheless, inter-/intraState
level variations are large.
753. The National Sample Survey Organisation
(NSSO) conducts regular surveys to assess literacy rates. It takes samples of
40,000
households each year and 120,000 households every five years. The NSSO
has updated the exercise up to December 1997, including therein
the results
obtained in the process of conducting the 53rd round. NSSO has also
estimated up to the end of 1998. The NSSO survey 10 results are
shown in the figures 7.1 and 7.2.
754. The survey shows an increase of 10
percentage points between 1991 and 1997 (a timeframe of just six years) and 12
percentage
points between 1991 and 1998 (a gap of just seven years).
Significantly, the rise in female literacy between 1991 and 1997 has been
11 per
cent, whereas male literacy rate has risen by nine per cent during the same
period. In the previous decade also, female literacy
had grown faster than male
literacy. Thus, the faster rate of growth among females has not only been
maintained but also slightly
enhanced. The differential has dropped by more than
four per cent during the six year period 1991–97. The gap between rural
and urban literacy levels is narrowing.
755. There are gender disparities and disparities among social groups. However, the total number of illiterates has declined, as is evident from table 7.1.
Figure 7.1: Trends in literacy rates
Figure 7.2: Trends in rural/urban
literacy rates
Table 7.1: Trends in numbers of non-literates
(in millions)
|
|||
Year
|
No. of illiterates
|
No. of Male illiterates
|
No. of Female illiterates
|
1991
|
328
|
128
|
200
|
2001
|
296
|
107
|
190
|
Source: Census 1991 and 2001, RGI
756. The absolute number of
illiterates in the country as a whole declined in the decade 19912001 by nearly
32 million. This is in
spite of the annual rate of population growth of a
little over 1.9 per cent, which took India's population to over one billion in
the year 2001. The maximum contribution to this decline has been from Andhra
Pradesh, followed by Uttar Pradesh, Maharashtra, Rajasthan,
Madhya Pradesh and
Tamil Nadu. Bihar, on the other hand, increased its number of illiterates,
followed by Delhi.
757. The literacy rate for the country as a whole in 2001,
works out to 65.38 per cent for the population aged seven years and over.
The
corresponding figures for males and females are 75.85 and 54.16 per cent,
respectively. Thus three-fourths of the male and more
than half of the female
population aged seven years and above are literate in the country today. India
has continued its inexorable
march in improving its literacy rate by recording a
jump of 13.17 percentage points from 52.21 in 1991 to 65.38 in 2001. The
increase
in literacy rates in males and females are in the order of 11.72 and
14.87 percentage points, respectively. Thus the increase in
literacy rates
observed during 1991-2001 in respect of persons, males as well as females, has
been the highest recorded in comparison
to earlier decades since 1951 except in
case of males during 1951-61. This improvement in literacy rate augurs well for
the country
and requires a fillip, particularly in the case of
females.
758. In 1991 the gap in male-female literacy rates was 24.84. In
2001 it has decreased to 21.70 percentage points.
759. Statewise
literacy rates according to Census of India, 2001, have been presented in Table
7.2. Kerala, where literacy rate is
90.92 per cent, holds the first rank in the
country, closely followed by Mizoram (88.49 per cent) and Lakshadweep (87.52 per
cent).
Bihar, with a literacy rate of 47.53 per cent, ranks last in the country,
preceded by Jharkhand (54.13 per cent) and Jammu and Kashmir
(54.46 per cent).
Among the major States, Maharashtra comes next after Kerala, with a literacy
rate of 77.27 per cent, followed by
Tamil Nadu with 73.47 per
cent.
760. Kerala continues to occupy the top spot in the country, both in
male literacy ( 94.20 per cent) and female literacy (87.86 per
cent). On the
contrary, Bihar has recorded the lowest literacy rates both in case of males
(60.32 per cent) and females (33.57 per
cent). Seven States/Union Territories
having less than fifty per cent female literacy rates are Rajasthan (44.34 per
cent), Arunachal
Pradesh (44.24 per cent), Dadra and Nagar Haveli (42.99 per
cent), Uttar Pradesh (42.98 per cent), Jammu and Kashmir (41.82 per cent),
Jharkhand (39.38 per cent) and Bihar (33.57 per cent.)
761. The States and Union Territories with literacy rates below the national average are Jammu and Kashmir in the North; Rajasthan and Dadra and Nagar Haveli in the west; Andhra Pradesh in the south; Madhya Pradesh, Chhattisgarh and Uttar Pradesh in central India; Bihar, Jharkhand and Orissa in the east; and Arunachal Pradesh, Assam and Meghalaya in the North-Eastern parts of the country. The States and Union Territories which have literacy rates below the national average in respect of all the three categories, i.e. total, males and females are Arunachal Pradesh, Andhra Pradesh, Bihar, Dadra and Nagar Haveli, Jammu and Kashmir, Jharkhand and Uttar Pradesh.
Table 7.2: Literacy rate : 1991 and 2001 (in
percentage)
|
||||
|
State/Union Territory*
|
Literacy Rate (Percent)
|
Decadal difference in literacy rate
|
|
1991
|
2001
|
|||
|
Índia
|
52.20
|
65.49
|
13.29
|
1.
|
Andhra Pradesh
|
44.09
|
61.11
|
17.02
|
2.
|
Arunachal Pradesh
|
41.59
|
54.74
|
13.15
|
3.
|
Assam
|
52.89
|
64.28
|
11.39
|
4.
|
Bihar
|
37.49
|
47.53
|
10.04
|
5.
|
Chhattisgarh
|
42.91
|
65.18
|
22.27
|
6.
|
Goa
|
75.51
|
82.32
|
6.81
|
7.
|
Gujarat
|
61.57
|
69.97
|
8.40
|
8.
|
Haryana
|
55.85
|
68.59
|
12.74
|
9.
|
Himachal Pradesh
|
63.94
|
77.13
|
13.19
|
10.
|
Jammu & Kashmir
|
N.A.
|
54.46
|
-
|
11.
|
Jharkhand
|
41.39
|
54.13
|
12.74
|
12.
|
Karnataka
|
56.04
|
67.04
|
11.00
|
13.
|
Kerala
|
89.81
|
90.92
|
1.11
|
14.
|
Madhya Pradesh
|
44.67
|
64.11
|
19.44
|
15.
|
Maharashtra
|
64.87
|
77.27
|
12.39
|
16.
|
Manipur
|
59.89
|
68.87
|
8.97
|
17.
|
Meghalaya
|
49.10
|
63.31
|
14.21
|
18.
|
Mizoram
|
82.27
|
88.49
|
6.22
|
19.
|
Nagaland
|
61.65
|
67.11
|
5.46
|
20.
|
Orissa
|
49.09
|
63.61
|
14.52
|
21.
|
Punjab
|
58.51
|
69.95
|
11.45
|
22.
|
Rajasthan
|
38.55
|
61.03
|
22.48
|
23.
|
Sikkim
|
56.94
|
69.68
|
12.73
|
24.
|
Tamil Nadu
|
62.66
|
73.47
|
10.81
|
25.
|
Tripura
|
60.44
|
73.66
|
13.22
|
26.
|
Uttar Pradesh
|
40.71
|
57.36
|
16.65
|
27.
|
Uttaranchal
|
57.75
|
72.28
|
14.53
|
28.
|
West Bengal
|
57.70
|
69.22
|
11.52
|
29.
|
Andaman & Nicobar Islands*
|
73.02
|
81.18
|
8.16
|
30.
|
Chandigarh*
|
77.81
|
81.76
|
3.94
|
31.
|
Dadra & Nagar Haveli*
|
40.71
|
60.03
|
19.33
|
32.
|
Daman & Diu*
|
71.20
|
81.09
|
9.89
|
33.
|
Delhi*
|
75.29
|
81.82
|
6.53
|
34.
|
Lakshadweep*
|
81.78
|
87.52
|
5.74
|
35.
|
Pondicherry*
|
74.74
|
81.49
|
6.75
|
Source: Census 1991 and 2001, RGI
* UTs
762. The literacy
rates derived from the Census of India, 2001, compare well with those reported
by NSSO (1997). The literacy rate
of the country has apparently moved forward
from 62 per cent in 1997 to 65 per cent in 2001. The male literacy rate has
improved
by three percentage points, from 73 per cent in 1997 to 76 per cent in
2001, while the female literacy rate has surged forward by
four percentage
points, from 50 per cent to 54 per cent.
763. All the States and Union
Territories without exception have shown increase in literacy rates during
1991-2001. The States and
Union Territories which have moved forward by more
than fifteen percentage points during the decade are Rajasthan (22.48),
Chhattisgarh
(22.27), Madhya Pradesh (19.44), Dadra and Nagar Haveli (19.33),
Andhra Pradesh (17.02) and Uttar Pradesh (16.65). Among the States
and Union
Territories, which had literacy rates of below fifty per cent in 1991, Bihar has
registered a minimum increase of 10.04
per cent points, moving from 37.49 per
cent to 47.53 per cent. (see table 7.2).
764. Table 7.4 presents literacy rates and decadal difference in literacy
rates by sex for 19912001. Out of the 13 States and Union
Territories whose
literacy rates are below the current national average of 65.38, nine occupy the
first nine positions in male-female
gaps in literacy rates. Though Rajasthan
continues to have the largest male-female literacy gap, female literacy in the
State has
doubled in the last decade. However, the gap of 34.55 percentage
points in 1991 has marginally come down to 32.12 percentage points.
765. The
minimum gap in male-female literacy rates any where in the country has been
observed for Mizoram (4.56 percentage points).
Mizoram, which had also reported
the lowest differential in male-female literacy rates during 1991, with 7.01
percentage points,
has further narrowed it down to 4.56 in 2001.
Table 7.3: Comparison of growth in literacy rate between
1997-2001
|
||||||||||
S. No.
|
India/States and Uts
|
Literacy rate 2001**
|
Literacy rate 1997$
|
Differential
|
||||||
|
|
Persons
|
Male
|
Female
|
Persons
|
Male
|
Female
|
Persons
|
Male
|
Female
|
|
India
|
65
|
76
|
54
|
62
|
73
|
50
|
3
|
3
|
4
|
1.
|
Andhra Pradesh
|
61
|
71
|
51
|
54
|
64
|
43
|
7
|
7
|
8
|
2.
|
Arunachal Pradesh
|
55
|
64
|
44
|
60
|
69
|
48
|
-5
|
-5
|
-4
|
3.
|
Assam
|
64
|
72
|
56
|
75
|
82
|
66
|
-11
|
-10
|
-10
|
4.
|
Bihar & Jharkhand
|
49
|
62
|
35
|
49
|
62
|
34
|
0
|
0
|
1
|
5.
|
Goa
|
82
|
89
|
76
|
86
|
93
|
79
|
-4
|
-4
|
-3
|
6.
|
Gujarat
|
70
|
80
|
59
|
68
|
80
|
57
|
2
|
0
|
2
|
7.
|
Haryana
|
69
|
79
|
56
|
65
|
76
|
52
|
4
|
3
|
4
|
8.
|
Himachal Pradesh
|
77
|
86
|
68
|
77
|
87
|
70
|
0
|
-1
|
-2
|
9.
|
Jammu & Kashmir
|
54
|
66
|
42.
|
59
|
71
|
48
|
-5
|
-5
|
-6
|
10.
|
Karnataka
|
67
|
76
|
57
|
58
|
66
|
50
|
9
|
10
|
7
|
11.
|
Kerala
|
91
|
94
|
88
|
93
|
96
|
90
|
-2
|
-2
|
-2
|
12.
|
Madhya Pradesh & Chhattisgarh
|
64
|
77
|
51
|
56
|
70
|
41
|
8
|
7
|
10
|
13.
|
Maharashtra
|
77
|
86
|
68
|
74
|
84
|
63
|
3
|
2
|
5
|
14.
|
Manipur
|
69
|
78
|
60
|
76
|
86
|
66
|
-7
|
-8
|
-6
|
15.
|
Meghalaya
|
63
|
66
|
60
|
77
|
79
|
74
|
-14
|
-13
|
-14
|
16.
|
Mizoram
|
88
|
91
|
86
|
95
|
96
|
95
|
-7
|
-5
|
-9
|
17.
|
Nagaland
|
67
|
72
|
62
|
84
|
91
|
77
|
-17
|
-19
|
-15
|
18.
|
Orissa
|
64
|
76
|
51
|
51
|
64
|
38
|
13
|
12
|
13
|
19.
|
Punjab
|
70
|
76
|
64
|
67
|
72
|
62
|
3
|
4
|
2
|
20.
|
Rajasthan
|
61
|
76
|
44
|
55
|
73
|
35
|
6
|
3
|
9
|
21.
|
Sikkim
|
70
|
77
|
61
|
79
|
86
|
72
|
-9
|
-9
|
-11
|
22.
|
Tamil Nadu
|
73
|
82
|
65
|
70
|
80
|
60
|
3
|
2
|
5
|
23.
|
Tripura
|
74
|
81
|
65
|
73
|
79
|
67
|
1
|
2
|
-2
|
24.
|
Uttar Pradesh &
Uttaranchal |
58
|
71
|
44
|
56
|
69
|
41
|
2
|
2
|
3
|
25.
|
West Bengal
|
69
|
78
|
60
|
72
|
81
|
63
|
-3
|
-3
|
-3
|
26.
|
Andaman & Nicobar Islands*
|
81
|
86
|
75
|
97
|
100
|
94
|
-16
|
-14
|
-19
|
27.
|
Chandigarh*
|
82
|
86
|
77
|
83
|
90
|
74
|
-1
|
-4
|
3
|
28.
|
Dadra & Nagar Haveli*
|
60
|
73
|
43
|
49
|
66
|
30
|
11
|
7
|
13
|
29.
|
Daman & Diu*
|
81
|
88
|
70
|
86
|
95
|
73
|
-5
|
-7
|
-3
|
30.
|
Delhi*
|
82
|
87
|
75
|
85
|
91
|
76
|
-3
|
-4
|
-1
|
31.
|
Lakshadweep*
|
88
|
93
|
82
|
96
|
98
|
93
|
-8
|
-5
|
-11
|
32.
|
Pondicherry*
|
81
|
89
|
74
|
90
|
94
|
86
|
-9
|
-5
|
-12
|
* Union Territories
Source: ** Census 2001,
RGI
$ National Sample Survey, 53rd round, Jan-Dec. 1997
Table 7.4: Literacy rates and decadal difference in
literacy rates by sex: 1991-2001
|
|||||||||
|
States/
Union Territories* |
1991
|
Gap in literacy
|
2001
|
Gap in literacy
|
Decadal difference in literacy rates
|
|||
Male
|
Female
|
Male
|
Female
|
Male
|
Female
|
||||
|
India
|
64.13
|
39.28
|
24.85
|
75.96
|
54.28
|
21.68
|
11.83
|
15.00
|
1.
|
Andhra Pradesh
|
55.13
|
32.72
|
22.42
|
70.85
|
51.17
|
19.68
|
15.72
|
18.45
|
2.
|
Arunachal Pradesh
|
51.45
|
29.69
|
21.76
|
64.07
|
44.24
|
19.83
|
12.62
|
14.55
|
3.
|
Assam
|
61.87
|
43.03
|
18.84
|
71.93
|
56.03
|
15.90
|
10.06
|
13.00
|
4.
|
Bihar
|
51.37
|
21.99
|
29.38
|
60.32
|
33.57
|
26.75
|
8.95
|
11.58
|
5.
|
Chhattisgarh
|
58.07
|
27.52
|
30.54
|
77.86
|
52.40
|
25.46
|
19.79
|
24.87
|
6.
|
Goa
|
83.64
|
67.09
|
16.55
|
88.88
|
75.51
|
13.37
|
5.24
|
8.42
|
7.
|
Gujarat
|
73.39
|
48.92
|
24.47
|
80.50
|
58.60
|
21.90
|
7.11
|
9.68
|
8.
|
Haryana
|
69.10
|
40.47
|
28.62
|
79.25
|
56.31
|
22.94
|
10.16
|
15.84
|
9.
|
Himachal Pradesh
|
75.41
|
52.26
|
23.16
|
86.02
|
68.08
|
17.94
|
10.61
|
15.82
|
10.
|
Jammu & Kashmir
|
NA
|
NA
|
NA
|
65.75
|
41.82
|
23.93
|
NA
|
NA
|
11.
|
Jharkhand
|
55.80
|
25.52
|
30.28
|
67.94
|
39.38
|
28.57
|
12.14
|
13.86
|
12.
|
Karnataka
|
67.26
|
44.34
|
22.93
|
76.29
|
57.45
|
18.84
|
9.03
|
13.12
|
13.
|
Kerala
|
93.62
|
86.17
|
7.45
|
94.20
|
87.86
|
6.34
|
0.58
|
1.69
|
14.
|
Madhya Pradesh
|
58.54
|
29.35
|
29.19
|
76.80
|
50.28
|
26.52
|
18.26
|
20.93
|
15.
|
Maharashtra
|
76.56
|
52.32
|
24.24
|
86.27
|
67.51
|
18.75
|
9.71
|
15.20
|
16.
|
Manipur
|
71.63
|
47.60
|
24.03
|
77.87
|
59.70
|
18.17
|
6.24
|
12.10
|
17.
|
Meghalaya
|
53.12
|
44.85
|
8.27
|
66.14
|
60.41
|
5.73
|
13.02
|
15.56
|
18.
|
Mizoram
|
85.61
|
78.60
|
7.01
|
90.69
|
86.13
|
4.56
|
5.08
|
7.53
|
19.
|
Nagaland
|
67.62
|
54.75
|
12.87
|
71.77
|
61.92
|
9.85
|
4.15
|
7.17
|
20.
|
Orissa
|
63.09
|
34.68
|
28.41
|
75.95
|
50.97
|
24.98
|
12.86
|
16.29
|
21.
|
Punjab
|
65.66
|
50.41
|
15.26
|
75.63
|
63.55
|
12.08
|
9.97
|
13.14
|
22.
|
Rajasthan
|
54.99
|
20.44
|
34.55
|
76.46
|
44.34
|
32.12
|
21.47
|
23.90
|
23.
|
Sikkim
|
65.70
|
46.76
|
18.94
|
76.73
|
61.46
|
15.27
|
11.03
|
14.70
|
24.
|
Tamil Nadu
|
73.75
|
51.33
|
22.42
|
82.33
|
64.55
|
17.78
|
8.58
|
13.22
|
25.
|
Tripura
|
70.58
|
49.65
|
20.93
|
81.47
|
65.41
|
16.06
|
10.89
|
15.77
|
26.
|
Uttar Pradesh
|
54.82
|
24.37
|
30.46
|
70.23
|
42.98
|
27.25
|
15.40
|
18.61
|
27.
|
Uttaranchal
|
72.79
|
41.63
|
31.17
|
84.01
|
60.26
|
23.75
|
11.22
|
18.63
|
28.
|
West Bengal
|
67.81
|
46.56
|
21.25
|
77.58
|
60.22
|
17.35
|
9.77
|
13.66
|
29.
|
Andaman & Nicobar Islands*
|
78.99
|
65.46
|
13.53
|
86.07
|
75.29
|
10.78
|
7.08
|
9.83
|
30.
|
Chandigarh*
|
82.04
|
72.34
|
9.70
|
85.65
|
76.65
|
9.00
|
3.61
|
4.31
|
31.
|
Dadra & Nagar Haveli*
|
53.56
|
26.98
|
26.58
|
73.32
|
42.99
|
30.32
|
19.76
|
16.01
|
32.
|
Daman & Diu*
|
82.66
|
59.40
|
23.26
|
88.40
|
70.37
|
18.03
|
5.73
|
10.97
|
33.
|
Delhi*
|
82.01
|
66.99
|
15.02
|
87.37
|
75.00
|
12.36
|
5.36
|
8.01
|
34.
|
Lakshadweep*
|
90.18
|
72.89
|
17.29
|
93.15
|
81.56
|
11.59
|
2.98
|
8.67
|
35.
|
Pondicherry*
|
83.68
|
65.63
|
18.06
|
88.89
|
74.13
|
14.76
|
5.21
|
8.50
|
Source: Census 1991 and 2001, RGI
* Union Territories
768. The enrolment rate for rural India as a whole is 71 per cent, with a gender disparity of 0.84, showing a deficit of 16 per cent for girls. The enrolment rates are generally high in the southern and western States, with low gender disparity. However, Rajasthan stands out, both in terms of the low level of enrolment and the high level of gender disparity.11
769. The growth of the education system is also reflected by the increase in the expenditure on education, which has been fairly high. Educational expenditure, at constant prices, increased from Rs 77.14 billion in 1990–91 to Rs 102.6 billion in 1997–98, an increase of 33 per cent. The expenditure per pupil, at constant prices, increased from Rs 480 to Rs 553.20 during the same period.12
770. The share of GNP allocated for the development of education is a reliable indicator for assessing the relative importance given to education in an economy. The Education Commission (1966) had recommended a target of investing six per cent of national income from the public exchequer in education by 1986. This goal has not been realised so far. At present, only 3.6 per cent of the GNP is invested in education (1997–98). This does, however, mark a very significant progress, compared to 1.2 per cent of GNP invested in education in 1950–51.13
Table 7.5: Share of education in GNP in India (per
cent)
|
|
Year
|
% of GNP
|
1994–95
|
4.0
|
1995–96
|
4.0
|
1996–97
|
3.8
|
1997–98 (B)
|
3.6
|
Source: Financing of Elementary Education in India, J.B.G.Tilak, MHRD, NIEPA
771. It is expected that a substantial increase in percentage in GNP allocated for Education will be made in the Tenth Five Year Plan for which consultations are presently going on in the Planning Commission
772. This
proportion has increased considerably in a few States (See Table 7.6). In fact,
in some of the backward States like Bihar,
the proportion of the state domestic
product (SDP) set aside for education was above six per cent. But, this finding
is not conclusive.
For instance, if the State income is low (or declines over
the years), even a relatively small amount of expenditure on education
may give
the impression of a higher proportion of State income being invested in
education.
Table 7.6: Share of education in SDP by major States in
India (in %)
|
||
State
|
1990–91
|
1995–96
|
Andhra Pradesh
|
4.6
|
2.4*
|
Assam
|
6.0
|
6.4*
|
Bihar
|
6.3
|
6.2*
|
Gujarat
|
4.3
|
3.1*
|
Haryana
|
3.1
|
2.3*
|
Himachal Pradesh
|
8.8
|
7.1*
|
Jammu & Kashmir
|
6.7+
|
4.9*
|
Karnataka
|
4.3
|
3.8*
|
Kerala
|
6.5
|
6.3*
|
Madhya Pradesh
|
5.0
|
3.2*
|
Maharashtra
|
3.2
|
2.8*
|
Orissa
|
5.4
|
5.1*
|
Punjab
|
3.5
|
2.1*
|
Rajasthan
|
5.3
|
4.1$
|
Tamil Nadu
|
5.0
|
3.7$
|
Tripura
|
11.8+
|
12.8*
|
Uttar Pradesh
|
4.6
|
3.8*
|
West Bengal
|
5.4
|
3.5*
|
Note: + 1989–90, * Quick estimates, $ Advance
estimates
Source: Financing of Elementary Education in India,
J.B.G.Tilak, MHRD, NIEPA
Share of Education in the Budget
773. Perhaps a more important
gauge of investment in education is revealed by the priority given to Education
in the Government budget.
Budgetary allocations on education are a sum total of
allocations made at the Central and State/UT levels.
774. In the budget
framework, resources flow from Government in two forms—in the revenue
account of the budget and in the capital
account. While in the revenue budget,
the share of education is large, in the capital budget, the share of education
is small, pushing
down the overall share. During the period 1993–98, out
of the total budget expenditure of the States, nearly 20 per cent was
spent on
education, while out of the total budget expenditure of the Central Government
around 2.4–3.4 per cent was spent on
education. If Central and State
budgets are considered, both revenue and capital accounts, the total budget
resources available for
education formed around 11 per cent during 1995–96
to 1997–98.14
Table 7.7: Percentage share of education in total
budget
|
|||
Year
|
State Governments*
|
Union Government
|
Overall
|
1993–94
|
19.3
|
2.6
|
10.5
|
1994–95
|
18.4
|
2.4
|
10.3
|
1995–96
|
19.5
|
3.1
|
10.9
|
1996–97(R)
|
19.2
|
2.6
|
11.1
|
1997–98(B)
|
19.7
|
3.4
|
11.4
|
Note: * includes Union Territories, R–Revised estimates,
B–Budget estimates
Source: Financing of Elementary Education in
India, J.B.G.Tilak, MHRD, NIEPA
775. If we look at the education expenditure levels in various States, in terms of rupees per capita, it is evident that inter-State variations in per capita expenditure on education are high (see table 7.8). Kerala, Himachal Pradesh and Tripura have the highest per capita expenditures.
Table 7.8: Per capita expenditure on education in
selected States
(Rs in current prices) |
||
State
|
1995–96
|
1997–98(B)
|
Andhra Pradesh
|
297.5
|
373.5
|
Assam
|
411.5
|
513.6
|
Bihar
|
216.9
|
297.1
|
Gujarat
|
458.4
|
526.2
|
Haryana
|
417.4
|
461.8
|
Himachal Pradesh
|
665.6
|
719.2
|
Jammu & Kashmir
|
376.1
|
622.2
|
Karnataka
|
386.9
|
493.9
|
Kerala
|
576.3
|
754.3
|
Madhya Pradesh
|
299.8
|
464.0
|
Maharashtra
|
460.5
|
505.5
|
Orissa
|
320.7
|
387.1
|
Punjab
|
330.4
|
521.9
|
Rajasthan
|
367.1
|
458.0
|
Tamil Nadu
|
412.9
|
575.5
|
Tripura
|
593.5
|
896.5
|
Uttar Pradesh
|
242.1
|
316.4
|
West Bengal
|
275.6
|
373.9
|
All–India
|
405.4
|
525.8
|
B–Budget estimates
Source: Financing of Elementary
Education in India, J.B.G.Tilak, MHRD, NIEPA
Intrasectoral allocation of resources
776. An analysis of the
intrasectoral allocation of resources shows an increasing emphasis on elementary
education. The year 1986
marks the beginning of the renewed emphasis on
elementary education, with the formulation of the National Policy of Education
(NPE),
Operation Blackboard (OB) and other similar programmes. The allocation
for elementary education was stepped up significantly during
the Seventh
Five-Year Plan (1985–90), and was continued in the Eighth (1992–97)
(see table 7.9). The intersectoral allocation
of resources for the Tenth
Five-Year Plan are under compilation.
Table 7.9: Intrasectoral allocation of Plan expenditure
in education (%)
|
|||||
Five-Year Plan
|
Elementary
|
Adult
|
Secondary
|
Higher
|
Technical
|
Eighth Plan (1992-97)
|
42
|
8
|
16
|
7
|
13
|
1995–96
|
35
|
6
|
7
|
4
|
15
|
Source : Financing of Elementary Education in India, J.B.G. Tilak, MHRD, NIEPA
777. An analysis of Plan expenditure may present only a partial
picture because non-Plan expenditure is also equally important. A
large portion
of the expenditure on elementary education is non-Plan in nature. However, Plan
expenditure has increased from 7.5
per cent in 1990–91 to 22.3 per cent in
1997–98. This is significant, since larger the Plan expenditure, larger is
the
scope for setting new directions and introducing reforms. Plan expenditures
increased significantly due to (a) the massive Operation
Blackboard programme,
(b) provision of incentives, particularly noon-meals to schoolchildren, and (c)
flow of external aid to education,
in the form of DPEP and other projects.
778. Finding resources to finance UEE is an urgent task. The Saikia Committee, appointed to estimate the resources, came up with the suggestion for an investment of Rs 400 billion over a five-year period, for achieving universalization. On the basis of the recommendation of this committee, a group of experts was constituted to estimate the financial requirements for making elementary education a fundamental right in the Constitution. This Group has estimated that UEE requires additionally Rs 1,360 billion during the next 10 years (1998–99 to 2007–2008). This would translate into an additional investment of 0.7 per cent of GDP (if the GDP grows at a modest rate of growth of five per cent per annum).
779. While UEE has been given high priority, the Government’s capability to fund education has reached a saturation point relatively, suggesting the need for mobilizing community resources for education. An important development of the 1990s refers to significant efforts of the Government to decentralize educational planning and administration and involvement of the community at various levels in planning, administration, financing, monitoring and supervision of the working of the school system. Following the Constitutional Amendment for setting up PRIs, and also the launching of externally-aided projects in primary education, village education committees school development committees, have been set up with the involvement of the local community. With the participation of these committees, efforts are being made to mobilize physical and financial resources to finance elementary education.15
780. One important issue that has
significant implications for financing education relates to private schools, and
the public policy
towards private schools. In the present period, characterized
by a global wave of privatization, it is being increasingly felt that
private
schools are an effective answer to augmenting public budgets. The role of the
private sector in educational development in
India is totally different from
that of the private sector in general. In India, private schools necessarily
mean a privately managed
system, but not necessarily a privately funded system
of education. Thus, private schools are of two types: private-aided (PA) schools
and private-unaided (PUA) schools. More than 95 per cent of the recurring
expenditure, and sometimes a part of the capital expenditure,
of these schools
is met by the Government.
781. Some studies point out that the private-aided
sector takes away disproportionately large amounts from the limited public
budgets
and that unaided private schools do provide some financial relief, but
at huge social and economic cost.16
782. Accurate data on
the number of private schools and their share in total enrolment is not
available for recent years. Surveys
conducted by NCERT in 1993, NCAER in 1994,
and NSSO in 1995–96 show wide discrepancies. In rural areas, estimates of
the share
of PA schools vary from 8.4 per cent to 22.2 per cent and that of PUA
schools vary from 3.6 per cent to 9.8 per cent. However, all
the surveys reveal
that privatization is much higher in the States of Kerala, Maharashtra, Tamil
Nadu and West Bengal.17
783. “Schooling is too
expensive” was the first among reasons cited by the study conducted by the
Public Report on Basic
Education (PROBE) to explain why a child has never been
sent to school in rural areas. Survey data confirmed that the cost of sending
a
child to school is far from negligible. The most costly items are clothing,
followed by textbooks and stationery. The average cost
of sending a child to
school works out to be Rs 318 per year in rural areas. This may not look
high but it is a substantial burden
on a poor family. The figure reflects actual
expenditure, not the expenditure that would be required to cover a pupil’s
basic
need (in terms of textbook, stationery and so on). The poor are often
constrained to produce cash at short notice to meet immediate
needs. This
creates a basic liquidity problem, even when the annual expenditure is otherwise
affordable.18
784. A study conducted by NCAER in 1994 found
that the expenditure per household on educating children aged 6–14 years
in rural
India was estimated to be Rs 680 per household or Rs 378 per
pupil per year. Expenditure on schooling for girls was about 68 per
cent of the
amount spent on boys. A large proportion of this expenditure was incurred on
books, stationery and school uniforms, followed
by private coaching and fees.
This expenditure increased or decreased with the annual fluctuations in the cost
of books, stationery
and uniforms.
785. The study further found that only
about 75 girls for every 100 boys go to private schools. The expenditure on
girls is much lower,
especially in private schooling, whereas parents do not
think twice about spending large sums of money on educating boys in private
schools. There is an increasing dependence on private schooling in recent years
that has affected female education more than male
education. The household
expenditure was also found to be higher among large landowners, relatively rich
and salaried persons. 19
Box 7.3: Himachal’s progress
Himachal Pradesh today is a State where education is the norm for children.
The earlier investment on elementary education is now
paying off. The State is
in a position now where elementary education is within its reach, except perhaps
in the most difficult
pockets. This is an enormous achievement for a State with
such a challenging topography.
Education is possibly one of the biggest empowering factors in Himachal
society today, enabling most people as it were to reach a
certain minimum level.
Over time, it made the schooling experience easier for Himachali parents: as the
first generation became educated,
they could participate in the schooling of
their children. With the functional school system, total literacy (TL) has been
progressively
enhanced, till it now far outstrips the national average. The TL
campaign in the 90s seems to have made some contribution as well.
In 1991, the
illiteracy rate was 38 per cent for the seven years plus age-group; in 1997 it
was 23 per cent; and could well go down
to 18 per cent by 2001, thus meeting the
Jomtien target for reducing adult literacy. At the same time as male literacy
rates are
peaking, the male-female differential is also narrowing. Statistics
indicate that Himachal has been attacking and closing the gap
between regions
and people less well-served by the education system. Disadvantaged sections of
the community have shown a remarkable
rise in literacy rates. DPEP conducted a
baseline assessment survey of the four ‘difficult’ districts in
Himachal in
1996. Achievements in these areas were fairly respectable; so was
the quality of infrastructure as compared to some other northern
States. Again,
Himachal has achieved this through the formal schooling system, and began well
before the call of Jomtien. Dual-track
schooling or indifference has not been
the automatic response of Himachal to difficult areas. The people of Himachal,
therefore,
have had enhanced opportunities to live life with dignity.
At the same time, there are, it must be admitted, several problems. Access
to school, both primary and upper primary, is a tremendous
problem in Himachal
Pradesh. Twenty to 25 per cent of children do not have access to schools
according to national norms. If we
take into account the topography of the
region, then the problem is even greater.
One major problem, just as in the plains, is school quality. The weight of
the curriculum, for example, is an issue which plagues
children, rich or poor,
all over the country. The curriculum needs to be contextualised and made
relevant to the Himachal child,
apart from keeping the age factor in view.
Teaching methodology is still weighted in favour of rote learning and
cramming.
Dropout rates and repetition rates for SC children are still cause for
concern. A good system of early childhood care and education
would also enhance
learning achievement.
|
Source: Year 2000 Assessment: Education for All, Primary Education in Himachal Pradesh—Examining a Success Story, MHRD, NIEPA, 2000, pp. 26–28
786. The patterns of expenditure in rural and urban areas are
different. In rural areas, the expenses are high on uniforms, books
and
stationery. Whereas in urban areas, expenditures are highest on tuition fees and
private coaching fees.
787. The proportion of children going to private
schools is highest among the high-income households. It is interesting to note
that
over 70 per cent of ST and SC households study in Government schools. Only
about 43 per cent of Christian and 49 per cent of Muslim
children attend
Government schools, while most of the remaining Christian children go to
Government aided schools. The expenditure
on education is relatively low among
STs, SCs and Muslims, amounting to about three per cent of the household income
for the respective
social group.20
788. Micro-level studies of the cuts on non-Plan expenditure on education have shown that many schools have not been able to recruit teachers. As a result, the class sizes are increasing, leading to high pupil-teacher ratios. The maintenance and upkeep of infrastructure in educational institutions has been very poor.
789. Availability of schooling facilities is measured by a set of indicators concerning access. As per norms, a habitation (cluster of household) is entitled to have a primary school if it has a total population of 300 or more and has no school within a distance of one kilometre. For upper primary schools, the corresponding norm is a total population of 500 or more and a distance of three kilometres. At the secondary level of education, the distance norm suggested is five kilometres. These norms are relaxed in case of hilly and tribal areas, difficult terrain and border districts. A distance of one, three and five kilometres is treated as the maximum walking distance for a child to reach a school. States have their own norms according to which they provide schooling facilities.
Table 7.10: Number of schools in India
|
|||
Year
|
Primary
|
Upper primary
|
Ratio of primary to upper primary schools
|
1990–91
|
560935
|
151456
|
3.7
|
1995–96
|
590421
|
171216
|
3.4
|
1998–99
|
626737
|
190166
|
3.3
|
Rate of Growth (%)
|
|
|
|
1990–98
|
1.40
|
2.89
|
–
|
Source: Quality Education in a Global Era, Country paper: India, MHRD, page 10.
790. There has been substantial expansion of primary and upper
primary schools during the post-independence period. The average annual
growth
rate of primary and upper primary schools between 1951 and 1999 was 2.30 per
cent and 5.58 per cent, respectively. However,
regional variations in the
growth of educational institutions exist.
791. There has been an improvement
in the ratio of primary to upper primary schools over a period of time. But
there is still a long
way to go before the norm laid down by the Programme of
Action (1992), which envisaged an upper primary school for every two primary
schools, becomes a reality. The expansion of primary education seems to have
exerted considerable pressure on the upper primary
education system to expand,
and the Government has responded positively by establishing a larger number of
schools and school places.
In addition, there are a large number of non-formal
education centres and unrecognized schools, which impart both primary as well
as
upper primary education, the former for children who, because of their
circumstances, cannot enter full-time schooling.
792. Despite increase in the
number of habitations and the population, the percentage of habitations and
population served by primary
and upper primary schools/sections within a
distance of one and three kilometres, respectively, has increased significantly.
The
percentage of population in habitations covered by primary schools within
the habitation or at a distance of 1 km was 94 in 1993.
Of the 1,061,000 rural
habitations in the country, 52,800 (about 50 per cent) had a primary
school/section each within the habitation
itself in 1993-94. About 83.4 per
cent habitations had a primary school/section within a distance of 1 km.
Alternative and innovative
approaches envisage opening of non-formal education
centres in those habitations where opening of a full-fledged school is not
economically
feasible or academically viable. Over a period of time,
infrastructural and other facilities in schools have improved significantly
but
still a large number of primary and upper primary schools have to improve
facilities required for smooth functioning of a school.
Both the Central and
State Governments have initiated a number of programmes to improve facilities.
One such programme is the Operation
Blackboard (OBB), under which schools are
provided with additional teachers, classrooms and teaching-learning
equipment.
793. The number of primary schoolteachers increased from 538,000
in 1950–51 to 1.9 million in 1998–99, showing an increase
of
more than 3.5 times. During the same period, the number of upper primary
schoolteachers increased 15-fold, from 86,000 to 1.28
million. During
1990-98, primary and upper primary schoolteachers increased by 288,000 and
205,000, respectively. The qualification
required to become a primary or upper
primary schoolteacher is generally 10 years of general education followed by one
or two years
of pre-service training. However, with the increased availability
of higher secondary school graduates, many States have now increased
these
requirements, and pre-service training has become a precondition for
recruitment. Teacherpupil ratios at primary and upper
primary levels of
education were 1:42 and 1:37, respectively, in 1998–99. Over a period of
time, the number of female teachers
has also increased; in terms of percentages,
female teachers increased from 15.24 and 15.12 in 1950–51 to 34.56 and
36.31 in
1998–99 at the primary and upper primary levels of education,
respectively.22
794. Considerable progress has been made in
enrolment at primary and upper primary levels of education. Enrolment at the
primary
level increased from 97.4 million in 1990–91 to
110.9 million in 1998–99. Compared to the primary level, the growth
in enrolment at the upper primary level has been more impressive and
substantial, but it is still not enough to attain the goal of
universal
enrolment. From 34 million enrolment in the year 1990–91, enrolment
at the upper primary level increased to 40.30
million in the year
1998–99.
Table 7.11: Growth in school enrolment in
India
(in million) |
|||||||||
Year
|
Primary
|
Upper primary
|
High/Hr.Sec./Inter/Pre–degree
|
||||||
|
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
1991–91
|
57.0
|
40.4
|
97.4
|
21.5
|
12.5
|
34.0
|
12.8
|
6.3
|
19.1
|
1998–99
|
62.7
|
48.2
|
110.9
|
24.0
|
16.3
|
40.3
|
17.26
|
10.50
|
27.76
|
Source: Quality Education in a Global Era, Country paper: India, MHRD,
page 12.
795. The percentage share of girls to total enrolment, both
at primary and upper primary levels, increased considerably and consistently
between 1950–51 to 1998–99. However, girls’ share in the
total enrolment at upper primary level (40.50 per cent)
continues to be lower
than their share at the primary level (43.50 per cent).
796. At the higher
secondary stage, the enrolment increased from 19.1 million in 1990–91
to 27.76 million in 1996–97.
Girls constituted 36.2 per cent of the
total enrolment in classes IX-XII in 1996–97.
797. There has been a
sizeable expansion of student enrolment during the last 50 years at the
university and higher education level.
The number of students at the university
stage, which stood at 0.2 million in 1950-51, increased to over
six million by the end
of the Eighth Plan. The share of girls’
enrolment in the total enrolment at this stage also increased significantly from
a
modest 13.7 per cent in 1950–51 to about 34 per cent in 1996–97.
Moreover, total enrolment through distance mode of
learning at the higher
education level was 1.5 million in 1996–97. As in other sectors,
there has been substantial growth
of technical education during the
postindependence period. The number of technical institutions at the first
degree level increased
from nine in 1950–51 to 418 in 1996–97. The
output of engineering graduates increased from 2200 in 1951 to about 1,00,000
in
1997.
798. Gross enrolment ratios (GER) at the primary and upper primary levels improved between 1990–91 and 1998–99. The boys/girls differential in GER at the primary and upper primary levels declined significantly from 22 and 25 percentage points in 1990–91 to 18 and 16 percentage points in 1998–99. In some States such as Mizoram, the GER is more than 100 per cent and this is because the enrolment consists of over-aged and under-age children, as well as children of migrants.
Table 7.12: Gross enrolment ratio, all India
level
|
||||
Year
|
Primary
|
Upper primary
|
||
|
Boys
|
Girls
|
Boys
|
Girls
|
1990–91
|
98.1
|
75.9
|
79.8
|
54.6
|
1998–99
|
100.9
|
82.9
|
65.3
|
49.1
|
Source: Quality Education in a Global Era, Country paper: India, MHRD, page 13
799. The net enrolment ratios (NER), which are obtained by disregarding the under-age and over-age children enrolled in classes I–V and VI–VIII, were lower than GER, both in case of boys and girls in 1997–98. The NER for boys and girls was 78 per cent and 64 per cent, respectively, at the primary level in 1997–98. The overall NER at the primary level was 71 per cent, which suggests that at least 29 per cent of children of the specific agegroup 6–10 years, were out of school in 1997–98. Educationally backward States have lower NER than the all India average of 71 per cent.23
800. At present, the retention rates are 60 per cent and 43 per cent, respectively, suggesting dropout rates of 40 per cent and 57 per cent at the primary and upper primary levels, respectively. Dropout rates for boys and girls were 38.62 per cent and 41.22 per cent, respectively, at the primary level in 1998–99 and 54.40 per cent and 60.09 per cent at the upper primary level. The transition/promotion rate at the all India level has improved significantly over the years. Sex-differential in transition rates decreased considerably during the period 1970–71 to 1997–98.24
Box 7.4: Minimum Levels of Learning (MLL)
This programme was introduced with the objective of specifying the
competencies, which all primary school students should attain at
the mastery
level in language, mathematics and environmental studies, and to develop
curricula and textbooks for these subjects.
The first phase was implemented
through voluntary organisations, research institutions, SCERTs and District
Institutes of Education
and Training. At present, the programme is being
implemented in 12 States through 200 DIETs. The MLL approach has been introduced
in 50,000 schools in different States. It is now possible to direct effort and
resources to schools where the levels of learning
have fallen below the
prescribed level.
|
Source: Ninth Five Year Plan, Vol.II, pp. 108–110.
801. According to the Constitution of India, primary and elementary
schooling are required to be provided free of cost to all citizens, implying
that neither school
enrolment nor continuation rates should differ across the
States and socio-economic groups. The enrolment rate for rural areas as
a whole
is 71 per cent, with a gender disparity of 0.84, showing a deficit of 16 per
cent for girls. As may be expected, enrolment
rates are generally high in the
southern and western States, with low gender disparity. Although the lowest
level of enrolment was
found in Bihar (59 per cent), Rajasthan stands out
both in terms of the low level of enrolment (61 per cent) and a high level of
gender disparity (0.54, showing a deficit of 46 per
cent).25
802. The enrolment ratios appeared to be moving towards
net figures in 1998–99, these ratios being 81 for girls and 98 for boys
at
the primary level, and 50 for girls and 67 for boys at the upper primary stage.
This was on account of improved enrolment at the
right age and better retention.
803. UEE has been accepted as the
national goal. In pursuance of the Constitutional directive, and the need for
provision of elementary
education as a crucial input for nation building, the
NPE, 1986, as revised in 1992, states that free and compulsory education of
a
satisfactory quality should be provided to all children up to the age of 14
years. Accordingly, the Ninth Five-Year Plan has envisaged
UEE to mean
universalization of access, retention and achievement. At the primary stage, 94
per cent of country’s rural population
now have schools within a distance
of one kilometre. At the upper primary stage, 84 per cent of rural population
have schools within
a distance of three kilometres. While the GER at the primary
stage in the country as a whole and in most States exceeds 100 per cent,
there
are quite a few States where the ratio is considerably lower. These include
Uttar Pradesh, Bihar, Rajasthan, Jammu & Kashmir
and
Meghalaya.26 However, the Central/State Governments have tried
to increase the accessibility of all children to education by addressing this
problem
with their programmes.
804. Maintaining a balance between demand and
supply of schooling infrastructure through construction of schools and
additional classrooms
was a major thrust of DPEP. The ongoing and completed
civil works (as in February 1999) would provide capacity to seat about
two
million children in DPEP districts. Similarly, improvements in the
quality of infrastructure through the construction of additional
toilets,
provision of water supply and construction of boundary walls would contribute to
improvements in school environment. 27
Table 7.13: Distribution of teachers in elementary
schools in the country (in 100,000)
|
||||||
Year
|
Primary
|
Upper primary
|
||||
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
1996–97
|
12.05
|
5.85
|
17.90
|
7.68
|
4.28
|
11.96
|
1997–98
|
12.29
|
6.43
|
18.72
|
7.75
|
4.37
|
12.12
|
1998–99
|
12.45
|
6.58
|
19.04
|
8.14
|
4.64
|
12.78
|
Source: Reply from NCERT, October 17, 2000
805. The
effectiveness of the civil works programme under DPEP is captured through
student: classroom ratio (SCR). The SCR for Phase
I districts in 1998–99
was 38.7 as compared to 40.1 in 1995–96. Thus, the civil works have
largely kept pace with the
expansion of enrolment in Phase I districts. However,
greater momentum must be built in Phase II districts, where the SCR for Phase
II
was 48.8 for 1998–99, a value higher by about by 25 per cent than the
corresponding average for Phase I districts.28
806. Teachers and
textbooks remain the most vital inputs for teaching-learning processes at
primary stage. States have established
different norms for provision of
teachers. The pupil: teacher ratio (PTR) for Phase II districts was at 47.5 for
1998–99.29
807. Some States are also experimenting
with recruiting parateachers even in regular full-time primary schools. This
aims at ensuring
immediate availability of teachers and reducing the unit cost
of primary education. Another important fact is that the teacher is
also from
the local community.30
808. Under DPEP, there was a significant
decline in single-teacher schools. For the Phase I districts, it declined
from 18.4 per cent
in 1995–96 to 13.7 per cent in
1998–99.31
809. In Gujarat, the main thrust is on
providing access to schools. As of 31 March 2000, there were 35,975 primary
schools in the
State, out of which 29,635 were managed by local bodies (Zilla
Panchayats). These local bodies are provided finances by the Government.
There are 657 privately managed schools, which are funded by the State.
The
29,635 Panchayat schools employ 170,282 teachers, and the private schools
employ 28, 125 teachers.
810. According to the Vision 2010 document on
education and literacy, Gujarat has achieved the national norms of providing a
primary
school within one kilometre of every village and an upper primary school
within three kilometre of every village. Also more than
70 per cent of the
primary schools have an upper primary section, which compares favourably with
the national norms. The pupil-teacher
ratio is 42 : 1, as against the
recommended 40 : 1.
811. New and improved methods of imparting primary and
secondary education have been introduced with an emphasis on the child’s
age and stage of development. In primary schools, the focus is on joyful
learning, the teaching is activity-based, and field experiences
are encouraged.
In secondary schools, lecture methods and demonstrations are used to impart
education.
812. The main measures taken by the Government to reduce dropouts
are counselling of parents by teachers, making schooling more attractive
(especially in the DPEP districts) and providing incentives such as free
uniforms and books. Various steps have been taken by the
State Governments to
reduce the dropouts in the last three years, such as:
813. In Punjab, educational
facilities at the primary level have been extended and upgraded by providing
buildings, furniture and
upgradation of school laboratories. However,
institutions for girls are fewer than those for boys. The State has already
achieved
the national target of one primary school within a one kilometre
radius. Similarly, every village has a middle school within a radius
of two
kilometres, which again conforms with the target set by the Indian Government.
At present, there are 12,925 Government primary
schools and 79 aided schools
functioning in the State.
814. In order to reduce dropouts and encourage
regular attendance, the Punjab State Government has undertaken certain
measures:
815. In Kerala, the total number of
schools increased from 12,052 in 1994–95 to 12,306 in 1999. The
infrastructure at the school
level consisted of 6,755 lower primary schools,
2,966 upper primary schools and 2,585 high schools in 1999. In addition, 73 high
schools and 2,241 primary schools have lower primary sections and 2,046 high
schools have upper primary sections. Thus, on an average,
for every 3,330
persons in the State, there is one lower primary school and for every 6,462
persons one upper primary school.
816. There are eight Anglo-Indian high
schools and 33 schools for the disabled. There were 185,000 schoolteachers in
the State in
1999. The teacher-pupil ratio in Kerala was
1:29.34
817. In Assam, accessibility to schools is difficult
in the hilly regions. In other parts of the State, it appears quite
satisfactory.
There is one school in every village and only 6.73 per cent of
students in the agegroup of six to nine years are required to travel
a distance
of two kilometres from their residence to the
school.35
818. Under Operation Blackboard, a total of 14,013
posts have been created between the Sixth and Eighth Plan period. A total of
18,224
primary schools have been identified for building construction, out of
which 4079 primary school buildings have already been constructed
with two
all-weather usable rooms at a cost of Rs 45,000
each.36
Gender disparity in access
819. Gender disparities exist with regard to enrolment and retention. The enrolment of girls increased at the primary stages from 5.4 million in 1950–51 to 48.2 million in 1998–99, and that at the upper primary stage from 0.5 million to 16.30 million. The rate of growth of girls' enrolment is higher than that of boys. But disparities persist, as girls still account for only 43.5 per cent of the enrolment at the primary stage and 40.5 per cent at the upper primary stage. The dropout rate for girls is much higher than that for boys at the primary and upper primary stages.37
Figure 7.3: Gender disparity in enrolment ratio
820. In the sphere of education, development schemes based on positive
discrimination have specially focused on improving enrolment
and retention of
girls. Central and State Governments have initiated a number of incentive
schemes to reduce the inequities in access,
retention and achievement. Similar
schemes have been implemented for SC and ST students as
well.38
821. Education of girls has been high on the national
agenda since Independence. Several strategies were adopted to promote education
of girls as an integral part of the planned socio-economic development of the
country. Theoretically, all formal and non-formal education
and training
programmes are open to women. In addition, provisions exist for the setting-up
of exclusive institutions or separate
wings for women/girls. Education is free
for girls up to the higher secondary stage and several States have made it so
right up to
the university level. Besides free education for all children up to
the age of 14 years, there are incentive schemes, like free noon
meals, free
books, free uniforms and attendance scholarships for girls and children from
disadvantaged groups.39
822. Under the innovative and experimental
activities, angan pathshalas have proved effective in attracting girls to
primary schools. Mahila sahyogis have also proved useful in motivating
girls to attend schools/prehar pathshalas (PPs) in remote areas. The
integration of children with partial disabilities into day schools and PPs has
been attempted on a pilot
basis.
823. Diversity in educational systems has
always been accepted and acknowledged in the country. Educational efforts of
individuals
of vision, of community groups, of leaders of various social reform
movements, as well as of the Government, have worked in tandem;
communities have
operated schools alongside Government schools, sometimes to offer education with
particular ethnic, religious, political
or other orientations. Thus, a
pluralistic framework of education and a variety of delivery mechanisms within
this have been in place
for a long while. There is now a popular perception that
increased parental demand for education will inevitably lead to a greater
reliance on the private sector.
824. Several kinds of private schools exist
in India. They are:
(a) Private unaided schools (PUA): They are privately owned and funded, and rely more or less on user finance, unless they are schools which are run by philanthropic organizations. These schools are extremely heterogeneous and they supplement Government in providing education to the people.
(b) Private aided schools (PA): These schools are funded almost wholly (90–95 per cent) by the Government but management is private. These schools have done great service in the field of education and have strong presence in some of the educationally more advanced States like Kerala and Tamil Nadu. The aided sector dominates school education in Kerala by managing nearly 60 per cent of total schools at the elementary level and accounts for 60 per cent of the expenditure by the State according to 1994–95 reports. In Tamil Nadu, too, aided schools accounted for about 20 per cent of elementary schools in 1993.
(c) Religious, ethnic and linguistic schools: Schools have also been set up
for providing education facilities to particular ethnic,
linguistic or religious
groups. There are both aided and unaided schools in this sector. Within this
sector, too, there is great
heterogeneity and its size and scope is perhaps not
fully understood.
Growth of private elementary
schooling
825. According to NCERT surveys, the percentage of private
schools in rural India is not significant. In urban areas, however, the
size of
the private sector, in particular of PUA schools, has grown perceptibly over
time. In urban India, the growing demand for
schooling has been largely catered
to by PUA schools. Between 1986 and 1993 (the Fifth and Sixth Educational Survey
reference years,
respectively), in urban India nearly 51 per cent of the total
increase in enrolment in elementary classes has been absorbed by the
PUA school
sector.
826. In rural areas, during the same period, only about 16 per cent
of the increase in elementary enrolment has been accommodated
by PUA schools.
Considering that rural enrolment constitutes a little more than 70 per cent of
total enrolment in elementary classes
in India, Government schools still retain
their dominance in the elementary education sector.
827. School-based surveys on private schools have been conducted by NCERT. Household surveys on the private sector in education have been conducted by NCAER in 1994 and NSSO in 1995–96, both focusing on participation in education. Some emerging trends are described below.
Table 7.14: Number of teachers (all India)
|
||
|
1986
|
1999
|
Lower primary school
|
15,30,145
|
19,03,539
|
per cent increase
|
18.85
|
24.40
|
Higher primary school
|
10,11,049
|
12,77,904
|
per cent increase
|
24.12
|
26.39
|
Total (LPS+HPS)
|
25,41,194
|
31,81,443
|
per cent increase
|
20.89
|
25.09
|
Source: Status of Elementary Teachers of India, NIEPA.
828. In urban
Haryana and Uttar Pradesh, migration from Government to private schools is
evident, since the enrolment in Government
schools showed an absolute decrease.
In Punjab, uncontrolled privatisation seems to be taking place in rural areas,
whereas there
is only a moderate change in urban areas. In urban Andhra Pradesh,
there is increased privatisation but not so in rural areas. The
privatisation
tendency is also observable in Kerala, where, against a backdrop of absolute
decrease in enrolment, the PUA enrolment
shows a sharp increase.
829. Available evidence suggests that private schools have been expanding
rapidly in recent years. They now include a large number
of primary schools
which charge low fees and have also apparently spread to rural areas according
to both macro-level and micro-level
data. It is the massive Government school
system on which the poor still rely on, and even here the costs of schooling are
often
too much to sustain. The system has expanded to include lower socio
economic groups, but is yet to retain desired levels of facilities
and teacher
strength. It is, therefore, important that the Government system is revitalized
to fulfil its crucial role in the elementary
education sector.40
830. Teachers and textbooks remain the most
important resource for primary education. In order to optimise the use of
teachers for
classroom teaching and learning processes, various State
Governments have developed norms for posting of teachers in a school. To
ensure
that there are sufficient numbers of teachers in the school system, recruitment
of teachers is being done on a large scale.
Further, to enhance their
competence, the scheme of restructuring and reorganisation of teacher education
has been visualized, wherein
emphasis is being laid on the strengthening of the
institutional base of teacher training as well as taking up special programme
for training of teachers in special areas.41
831. Teachers
who serve the cause of EFA in India belong to five categories: (a) elementary
schoolteachers serving in formal schools,
(b) para-teachers who assist the
regular elementary schoolteachers, (c) non-formal education (NFE) teachers,
(d) volunteers managing
literacy/post-literacy centres and (e)
anganwadi centres.42
832. Under DPEP, teacher training is a continuous effort to reinforce pedagogical skills. From time to time in-service training and enrichment programmes are also organised for teachers. In DPEP districts, special packages for in-service teacher training have been developed and practically all the teachers have been provided one round of training in Phase I districts and the second round of training is in progress. A major focus of teacher training continues to be the evolution of strategies for teaching under multi-grade situations and activity-based teaching. Teacher training programmes are usually residential.43
Figure 7.4: Percentage of female teachers in primary
schools
833. The programme approach as envisaged by the Joint GOI–United Nations System Education Programme envisages teacher training in a multi-grade context as one of its objectives. Multi-grade teacher training is a positive need, given the ground realities. Lack of teacher training in the multi-grade context results in unequal time distribution, inappropriate clubbing and adoption of improper and inefficient pedagogical techniques. Improving teaching methodology for multi-grade classrooms is to be attempted through pre- and in-service teacher development programmes, offered through district, block and cluster level institutions, including NGOs.44
834. The course design for multi-grade teacher training should include:
835. During 1998–99, a series of workshops were held at Mathura and Agra in Uttar Pradesh, with technical support from UNESCO. In these workshops, several suggestions were made which are now being incorporated in the teacher training modules.46
836. It has also come to the notice of educational experts, that in many cases, due to unavailability of female teachers, there is a decline in the enrolment of girls in the upper primary stages. To curb this trend, the OB scheme provided for increasing space for women in the teaching force.47
Table 7.15: Percentage of female teachers in primary
school
|
||
|
1986
|
1999
|
Lower Primary School
|
30.56
|
34.55
|
Higher Primary School
|
32.08
|
36.28
|
Total
|
31.20
|
35.25
|
Source: Status of Elementary Teachers of India, NIEPA
837. The Shiksha Karmi Programme (SKP) in Rajasthan, aims at the universalisation and qualitative improvement of primary education in remote, arid and socio-economically backward villages, focusing primarily on girls. The project identifies teacher absenteeism as a major obstacle to achieving the goal of UEE. Under the SKP, regular teachers are replaced by local teachers who are less qualified but specially trained. To overcome the basic lack of qualifications, shiksha karmis are given intensive training through an induction programme, as well as periodic refresher courses. The project is being implemented by the Government of Rajasthan through the Rajasthan shiksha karmi Board (RSKB), with assistance from voluntary agencies.48
838. Eleven teachers—two shiksha karmis from each school, including three women from Mia Ka Padla, Piprani and Ramgarh––with five–ten years of experience, were selected for an in-depth study which would look at their educational and social background, the nature and impact of pre and in-service training on their work, and their role as social workers.49
839. Since the shiksha karmis belong to the same village and
community, it is natural for them to have knowledge of the beliefs, values,
customs, traditions, behavioural
norms, taboos and cultural ethos. Further, a
shiksha karmi's personal and family history is well-known to at least
some members of the community. Thus, there is a historically established social
link between the shiksha karmi and the community, and it is on the basis
of this link that the community views him/her as a teacher. Even after becoming
a teacher,
he/she remains one of them and speaks their language in the widest
possible sense.50
840. Thus, the shiksha karmi occupies a
strategic position between the school and community. This situation also confers
on the village education committee (VEC)
and the community a power of social
control over the shiksha karmi.
Box 7.5: Appointment of vidya sahayaks
After identifying teacher vacancies, the Government introduced the Vidya
Sahayak Scheme in June 1998. A person who has undergone the primary
teachers' training programme is given a five-year contractual appointment
on a
monthly honorarium of Rs 2500. These vidya sahayaks will be absorbed
as fully paid teachers within five years. In order to ensure transparency in the
appointment, the vacancies are displayed
in open camps, and the appointments
decided in the presence of everyone in accordance with merit and other
guidelines prescribed
by the Government. As of March 31, 2000, 36,000 vidya
sahayaks were in place, and another 16,000 are expected to be appointed by
June 30, 2000.
|
Source: Gujarat State Report on CRC, Government of Gujarat
841. As opposed to the successful SKP of Rajasthan, a problem faced in the Indian education scenario comes from the direction for the SC and ST population, which constitutes 15.75 per cent and 7.76 per cent of the total Indian population, respectively. There is underrepresentation of teachers from these groups. It is more so at the upper primary stage than at the lower primary stage. Literacy level among SCs/STs is quite low, and teachers who have completed 10 or 12 years of schooling, which is the prescribed qualification across the States of India, are not available in adequate numbers.51
Table 7.16: Percentage of SC and ST teachers
|
||
|
|
1986
|
Lower Primary School
|
SC
|
11.22
|
|
ST
|
5.99
|
Higher Primary School
|
SC
|
8.60
|
|
ST
|
4.61
|
Source: Status of Elementary Teachers of India, NIEPA
842. Teacher-pupil ratios in India were in the range of 41 to 44, during 1978 to 1999 at the Lower Primary Stage. In the Higher Primary Stage the range has been between 25 and 37, and has increased significantly. Teacher-pupil ratios based on enrolments would be misleading, as they will not take into account the effective enrolment, i.e. enrolments and net number of dropouts. Even if effective enrolments are considered, the ratios will be higher for two reasons:
Table 7.17: Teacher-pupil ratios
|
||
Year
|
Primary
|
Upper Primary
|
1996–97
|
1:45
|
1:38
|
1997–98
|
1:42
|
1:37
|
1998–99
|
1:42
|
1:37
|
Source: Reply from NCERT, October 17, 2000
Institutes of
education
843. The Regional Institutes of Education (RIEs) located in
Ajmer, Bhopal, Bhubaneshwar and Mysore provide in-service training support
to
State and district-level teacher training institutions in the school sector. To
a limited extent, pre-service professional training
to prepare schoolteachers
for teaching science and mathematics, and for teacher educators at the
elementary teacher training institutions,
is also offered by the RIEs. A new
North-East Regional Institute of Education (NE–RIE) was set up at Shillong
in December 1995,
to cater to the educational needs of the North-eastern States
(Assam, Arunachal Pradesh, Meghalaya, Mizoram, Manipur, Nagaland, Tripura
and
Sikkim). An enrichment course in psychology was organized for teacher educators
teaching educational psychology in the District
Institution of Education and
Training (DIET).53
844. The programmes and activities in
teacher education generally focused on the development of capabilities in the
States, to respond
effectively to the training needs of the States, including
training of personnel under the DPEP and another scheme, the Special Orientation
Programme for Primary School Teachers (SOPT).
846. A pilot project, In-service Primary Teachers’ Training through Interactive Television (IPTT: ITV), is being implemented in Madhya Pradesh and Gujarat, in collaboration with the Department of Education and Telecommunications, UNESCO and the International Telecommunication Union (ITU), using the two-way audio and two-way video system with computer support. An orientation programme for the SCERT/State Institute of Education faculty and a training programme on qualitative research methods for Colleges of Teachers’ Education (CTE) was also organised.54
Table 7.18: Percentage of trained teachers
|
||
|
1986
|
1999
|
Lower Primary School
|
86.66
|
93.69
|
Higher Primary School
|
87.33
|
87.48
|
Source: Status of Elementary Teachers of India, NIEPA
847. State investment in elementary education is an important determinant of teacher status. Specifically, the non-Plan expenditure of the States determine the salary scales awarded to teachers. Per-pupil expenditures across the States in 1995–96 show interesting insights. The expenditures are not strictly comparable. While Kerala, Himachal Pradesh and Haryana record high level of per-pupil expenditure, the expenditure is less in States like Karnataka, Orissa, Andhra Pradesh, Uttar Pradesh and West Bengal.55
848. A number of measures
have been taken for the improvement of quality. These include the development of
infrastructure, curriculum,
human resources and research, in addition to the
establishment of centres of excellence and interdisciplinary and
inter-institutional
centres. The academic staff colleges conduct orientation
programmes for training new teachers, as well as refresher courses in various
disciplines for in-service teachers to enable them to update their
knowledge.
849. To enrich the quality of higher education, a countrywide
classroom programme was launched. Under this scheme, special programmes
on
various subjects are prepared and telecast for the benefit of students and
teachers. Twenty-one centres have been set up to produce
special films, and a
large number of videotapes are being produced for transmission on the national
television network.
850. In Kerala, there is a strong demand for introducing
new curriculum in the teacher training programmes conducted by DPEP.
851. he
teacher-student ratio of 1:30 in Assam is better than in many other States in
India. It is common knowledge that well-trained
teachers are a must for
improving the quality of primary education. Yet, a majority of the teachers are
still untrained and the training
of female teachers is also not up to the mark.
Another major problem is the regular attendance of teachers, particularly in the
hill
districts and the char areas.
852. Adamoy Shiksha (joyful
learning) is part of the Universalisation of Primary Education (UPE) programme
of the State and comes under the overall State
Plan of Action for Children
(SPAC). The focus of the project is on empowering teachers to face the critical
challenge of ensuring
attendance, retention and learning achievement of children
over six-years of age, and creating a joyful atmosphere in the school.
The
project is a low-budget endeavour, determined to utilise the existing facilities
to its maximum and use low-cost materials for
improving teaching-learning
situations. The community will be brought intimately into its fold to ensure a
concerted effort of all
concerned.56
853. The Public Report on
Basic Education, (PROBE) 1999, found in a study of educationally backward
Hindi-speaking States, that even
poor parents felt that it was important for
children to receive a good education. The PROBE study also found that the causal
relationship
between child labour and educational deprivation is
reversed—children work because they have dropped out of school, and not
necessarily the other way round.
854. The teacher is the most important
resource in quality education and the basic challenge is to provide teachers for
all children
and enhance the capability of these teachers to provide good
quality education. According to the PROBE survey in five States of India,
teaching took place only in half the schools visited. Moreover, teachers were
also engaged in many non-teaching activities such as
maintaining records and
answering official letters. A useful step to increase the motivation of teachers
and their performance is
to select them from the community. The siksha
karmi in Rajasthan proved to be effective in carefully identifying and
training local village youth to take the place of absentee teachers
who had
abandoned remote, rural schools.57
855. In the Indian context, Universal
Elementary Education is an immense challenge, given the fact that education has
to reach all
children. A very large percentage of children coming into schools
now are expected to be from impoverished backgrounds and in all
likelihood,
first-generation learners factors responsible for ensuring success in school but
also to pay heed to the years of a child's
life preceding his/her entry to
school, which tend to determine the quality and extent of the child's response
to school inputs.
856. Since the process of human development is
characteristically cumulative, continuous and holistic in nature, the child's
status
vis-à-vis active learning capacity, on entry to the primary
school, is influenced to a large extent by what the child actually
brings with
him/her to the school experience in terms of not only pre-literacy skills but
also his/her nutritional status, health
status, socio-economic status, extent of
parental stimulation and overall quality of home and pre-school environment. It
is, therefore,
crucial to not only attend to the school
Box 7.6: Review of laws
The Government of Kerala introduced a new bill called the Kerala Early
Childhood Care and Education Bill, 1999 to provide for better
development and
management of early childhood care and education in the State. Early childhood
care and education means early stimulation
programmes and early childhood
programmes intended for developing the health and maturational level of children
up to the age of
five years. Early stimulation programmes involve efforts to
activate the child's early development by providing planned nurturing
experiences which are in accordance with the child's maturational level.
|
Source: Kerala State Report on CRC, Government of Kerala
857. In terms of psychosocial variables related to school readiness, research in the area of early childhood care and education (ECCE) has consistently shown that a very large percentage of children who are now coming into primary school, particularly in the wake of Education for All, are first-generation learners from poverty settings that do not provide them with the required stimulation in term of quality adult-child interaction and exposure to varied sensory stimulation and to provisions for play and learning.
858. A recent study conducted by NCERT in four regions of the country, on a sample of 1495 children admitted in class I, focused on assessing their levels of reading and writing readiness and readiness for learning mathematics. The study concluded that children who come directly to the primary school from their homes do not exhibit the desired levels of readiness, and the approach should, therefore, be to reach these children through good early childhood education programmes, while also making the schools ready to receive these children in terms of adding a school-readiness component to the curriculum for class I. A variety of schemes and programmes for early childhood care and education have emerged through Government and non-government initiatives (see table 7.19).
859. The largest ECCE programme at present is ICDS. ECC and pre-school education under ICDS includes non-formal pre-school education, which is a crucial component of the package of services envisaged under ICDS. It aims at universalization and qualitative improvement of primary education in remote and socio-economically backward areas, with special attention towards girls. The ECCE component of ICDS may well be considered the backbone of the ICDS programme, since all its services essentially converge at the AWC. It also provides for joyful play-way activity, sustained for three hours. It brings and keeps young children at the AWC and motivates both parents and communities. ECCE, as envisaged in ICDS, focuses on the total development of the child from unprivileged groups up to six years of age. ECCE, conducted through playway methods, aims at providing a learning environment for promotion of the social, emotional, cognitive, physical and aesthetic development of the child. Presently the ICDS provide services to 28.62 million children from 0-6 years in 4,388 of the 5,652 blocks of the country. It is proposed to extend the scheme to the entire country in the Tenth Five-Year Plan.
860. The ECCE component of ICDS is a significant input for providing a sound foundation for development. It also contributes to Universal Primary Education, by preparing the child for primary schooling and offering substitute care to the younger siblings, freeing the older ones— especially girls—to attend school.58 To foster this, improved coordination between the AWC and primary schools, in terms of timings, location and supportive linkages between anganwadi workers (AWWs) and primary schoolteachers, is being promoted.59
Table 7.19: Coverage under various early childhood care
and
education schemes, 1996–97 |
|||
Programmes
|
Number of centres
|
Beneficiaries coverage
|
Percentage of population covered in the age group
3–6 yrs.
|
ICDS (pre-school education age
group 3–6 yrs.) |
400,000
|
11,081,000
|
18.23
|
Early Childhood Education (ECE)
|
4,365
|
153,000
|
0.27
|
Crèches and day-care centres—age-group
0–5 yrs. (estimated coverage on the basis of 25 children per crèche) |
14,313
|
310,000
|
0.52
|
Balwadis—age-group 3–6 (estimated coverage on the basis
of 30 children per balwadi)
|
5,641
|
17,000
|
0.29
|
Pre–primary schools
|
38,553
|
194,000
|
0.33
|
Total
|
–
|
13,383,000
|
19.64
|
Source: Year 2000 Assessment: Education for All, Early Childhood Care and Education, Venita Kaul, MHRD and NIEPA, April 2000, page 17
Box 7.7: Early childhood care and education: the context
of the bill on the
fundamental right to elementary education The Constitution of India made a special provision under Article 45
relating to the Directive Principles of State Policy, imposing an obligation for
free and compulsory education for children up to 14 years of age. The NPE,
1986/92, reiterated that free and compulsory education
of satisfactory quality
should be provided to all children up to the age of 14 years before we enter the
21st Century. The Supreme Court in its judgement in Unni Krishnan
vs. State of Andhra Pradesh (AIR 1993 SC 2178) had again held that
children of this country have a fundamental right to free education until the
age of 14 years.
However, the Committee of Education Ministers, which was set up to examine
the implication of making compulsory education a fundamental
right, have
recommended that the Constitution be amended to make the
right to free and compulsory education from 6–14 years of age, thus leaving out the children of 0–6 years of age. Learning begins at birth, and the child’s right to develop calls for
meeting the basic needs for protection, health care, early
stimulation and
learning through exploration and discovery in a nurturing and safe environment.
A major concern that emerges in the
context of the 83rd
Constitutional Amendment is that, the right of every child to quality early
childhood care and education should be acknowledged along
with that of
elementary education.
|
Box 7.8: Conference on Early Childhood Care for Survival,
Growth and Development In order to facilitate the development of India's new strategy for young
children, a Conference on Early Childhood Care for Survival
Growth and
Development was held from 3–5 October 2000, in New Delhi. The Conference
coincided with the completion of 25 years
of rich experience of the ICDS
programme, a critical milestone, occasioning reflection upon past experiences
and achievements, as
well as challenges and opportunities that lie ahead. The
aims of the conference were to:
Bring together national and international resource scientists and
practitioners;
Build on recent scientific advances and best practices to inform programme
development in India;
Offer the strategy to redesign the existing strategy for early childhood
development in India, through both the ICDS network and
a variety of other child
care interventions and programmes, in the Government, voluntary and private
sectors; and
Facilitate participatory development of State approaches to promote early
childhood care for survival, growth and development, focusing
on children under
three years of age.
Major recommendations of the conference
Constitution of National and State Early Child Development Task Forces,
bringing together all sectors and partners to address health, nutritional,
cognitive emotional and social needs of the younger child.
Creating a national Early Child Care Code, which promotes care for the
very young child as a societal norm;
Updation of the National Policy for Children, in a rights perspective and
with a focus on the very young child;
Inclusion of early childhood care as an integral part of all training
programmes for Panchayati Raj institutions, urban local bodies,
women's
development programmes;
Redesign of ICDS, NHED component for Mahila Mandals, to a more
comprehensive parenting support to both parents—mothers and
fathers—including health, nutrition and psychosocial
development;
Development of State-specific training modules for AWWs and other child
care workers, on early childhood care, under Udisha–25%
State-specific
training curriculum;
Setting up of communication working groups in all States to promote
changes in care behaviours for the very young child;
Ensure integration of a focus on the very young child in the National
Charter for Children and in the updation of the National/State
Plans of Action
for Children.
|
Source: Brochure on the Conference on Early Childhood Care for Survival Growth and Development, DWCD, MHRD, GOI
861. The current Ninth Five-Year Plan has, under the respective plans for education and women and child development sectors, addressed the issue of early childhood care and education more exhaustively than the previous Plans. It has reaffirmed its priority for the development of early childhood services as an investment in the human resource development of the country. It has also emphasized the need to universalise ICDS as the mainstay of the Ninth Plan for promoting overall development of the child, particularly the girl child and as a support for women. The Plan also commits to strengthening the early joyful period of play and learning in the young child’s life and to ensuring a harmonious transition from the family environment to the primary school. It talks of promoting girls’ participation through forging of linkages with primary education and strengthening the ECE component of the ICDS. In this context, it also mentions production of inexpensive play materials for children through use of local materials and talent and also through involvement of local school children who are expected to engage in socially useful productive work and social service activities as part of their curriculum. The Plan further stresses the encouragement of local-specific and community-based initiatives, particularly for opening of crèches and day-care centres attached to primary schools to promote participation of girls in schooling and involvement of women’s groups in the management of ECCE programmes, particularly under the decentralised Panchayati Raj system. It also provides for encouragement, along with regulation, of the private sector and emphasises the need for advocacy for developmentally appropriate ECCE through effective use of the media. Recognising the need for institutional capacity, the Ninth Plan also commits to strengthening of resource groups for ECCE at national and State levels for providing professional support in ECCE. The plan for the DWCD has, while acknowledging the first six years of life to be critical, placed greater stress on reaching children below two years of age, and as a strategy, included the institution of a National Charter for Children.60
862. The recent initiative,
Sarva Shiksha Abhiyan (SSA)—which will incorporate all existing
schemes and programmes in the elementary education sector—will have a
special
focus on girls, children belonging to SC/ST communities, urban slum
dwellers, and blocks with low female literacy. This scheme has
been introduced
to enable all children to enrol by 2003, and envisages an expansion of DPEP to
cover the remaining districts in Uttar
Pradesh, West Bengal, Orissa and Gujarat.
With the launching of the new scheme, it is proposed to revamp the National
Literacy Mission
(NLM) with the objective of raising the literacy rate to 75 per
cent by 2005. The plan allocation for elementary education has been
enhanced to
Rs 37.29 billion for 2000–01, from Rs 29.31 billion during
1999–2000.62 SSA has also identified 120 districts in
non-DPEP States for programme implementation. Forty-two districts from DPEP
Phase-I States
have been identified for vertical expansion of primary education
towards upper primary, covering the entire elementary education
stage. It
is likely that by the end of the Ninth Five-Year Plan, all districts in the
country will be covered by the SSA.63
863. In pursuance of the
goal of UEE, several schemes such as OB, NFE, Restructuring and Reorganisation
of Teacher Education, Nutritional
Support to Primary Education, Lok Jumbish
and Shiksha Karmi Projects are currently in operation. In order to
bring every child of 6–14 years to school/education guarantee
centre/back-to-school
camp by 2003, the Government has launched the SSA in
mission mode. These interventions have been discussed in paras 140 to
154.
864. Access to schools is no longer a major problem. At the primary
stage, 94 per cent of the country’s rural population now
have schools
within a distance of one kilometre. At the upper primary stage, 84 cent of the
rural population have schools within
a distance of three kilometres. While the
GER at the primary stage, in the country as a whole, and in most States, exceeds
100 per
cent, there are quite a few States where the ratio is considerably
lower. These include Uttar Pradesh, Bihar, Rajasthan, Haryana,
Jammu &
Kashmir and Meghalaya. At the upper primary stage, in addition to these States,
Andhra Pradesh, Orissa and Sikkim have
GER lower than the national average. In
most of these States, literacy rates are also lower than the national
average.
865. While UEE is the ultimate goal, no strategy or programme of action can succeed without addressing gender and regional dimensions. Gender disparities are conspicuous in regard to enrolment and retention. Girls’ enrolment has increased at the primary stages from 5.4 million in 1950–51 to 48.2 million in 1998–99 and at the upper primary stage, from 0.5 million to 16.30 million. The rate of growth of enrolment of girls has been higher than that of boys, but disparities still persist, as girls still account for only 43.5 per cent of enrolment at the primary stage. The dropout rate of girls is much higher than that of boys at the primary and the upper primary stages.
866. According to the 1991 census, the population of SCs was 138.22 million (16.48 per cent) and that of STs was 67.76 million (8.08 per cent of the country’s population). The enrolment of children belonging to SCs and STs has increased considerably at the primary stage because of the affirmative policies of the Government. The participation of SCs and STs is now more or less in proportion to their share in population at the primary level. Dropouts, though declining over the years, are significantly large. Gender disparities are very conspicuous among SCs and STs.
867. India is one of the few
developing countries which took an initiative in 1991 to lay down minimum levels
of learning to be achieved
at primary stage. This new approach integrates
various components of curriculum, classroom transaction and evaluation, and
teacher
orientation. The first phase of the programme was implemented through 18
voluntary agencies, research institutions, SCERTs, etc.
The results of these
projects show significant improvement in learning achievements of
schoolchildren.
868. The State Governments have introduced MLL in most of
their primary schools, including local body/private schools. DPEP has adopted
MLL as a major strategy to improve the quality of primary education. The NFE
programme is also adopting MLL wherever appropriate.
Introduction of learning
competencies for various subjects taught at the upper-primary stage is under
consideration. NCERT has
undertaken an intensive curriculum review to meet the
needs of excellence with equity. It has now been decided to upgrade the MLL
programme through institutional mechanism throughout the country. The national
resource institutes like the NCERT, RIEs, SCERT and
DIETs are being networked
for this purpose. Curriculum revision, rewriting of textbooks to make them
competency based, enhancing
their pedagogical value, and training of teachers in
the classroom process are the major activities being undertaken.
869. Sarva Shiksha Abhiyan (SSA) has the central objective
of mobilising all the resources—human, financial and
institutional—necessary for achieving
the goal of UEE. On the
recommendations of the Conference of Education Ministers, a National Committee
of State Education Ministers
was constituted under the chairmanship of the
Minister of Human Resource Development, to develop the structure and outline of
implementing
UEE in a mission mode.
870. Based on the suggestion of the above
Committee, this Ministry is launching SSA to incorporate all the existing
schemes and programmes
in the elementary education sector. SSA is a holistic and
convergent approach to implement UEE in a mission mode with a clear district
focus. The objective of SSA is to provide quality elementary education to all
children in the age group of 6–14 years by 2010.
There will be special
focus on girls, children belonging to SC/ST communities, urban slum dwellers,
and low female literacy blocks.
871. In order to build up public opinion and mobilise
social support, this programme has been included in the Ninth Five-Year
Plan.
872. It is envisaged that the programme would facilitate social
mobilisation and environment building for operationalising the proposal
to make
elementary education a fundamental right. It has been decided that this
programme would be implemented as part of the new
scheme, SSA.
873. An innovative project called Lok Jumbish
(LJP—People’s Movement for Education for All), with the
assistance from the Swedish International Development Authority
(SIDA), was
undertaken in Rajasthan in 1992. The basic objective of the project is to
achieve education for all, through people’s
mobilization and
participation.
874. The aims and objectives of the project are:
875. The project has covered 75 blocks in Rajasthan and its achievements include environment building activities in 8,675 villages and completion of school-mapping exercise in 6954 villages. Five hundred and twenty-nine new schools have been opened, while 268 primary schools have been upgraded. An innovative and successful NFE programme, called Sahaj Shiksha Programme (SSP), launched by LJP, has spread to more than 3000 centres. This programme caters to dropouts and out-of-school children, especially girls. It works with the community; and has resulted in an increase in the learning ability of students. LJP has been able to set up innovative management structures, incorporating the principles of decentralisation and delegation of authority, as well as building partnerships with local communities and the voluntary sector. Community mobilisation and school-mapping exercises have shown good results and provide the basis for opening of new schools, Sahaj Shiksha centres and building a community-centred development programme. LJP has made a positive contribution to quality improvement through the development of improved MLL-based textbooks from Classes I–IV, which have been streamlined in all schools of the Government of Rajasthan. It has also set up vibrant block and cluster resource groups for providing academic supervision, as well as a regular and renewed training of primary school teachers. A renewed teacher training strategy in a cascade model is being implemented successfully.
Box 7.9: Muktangan (open courtyard
education)
This innovation was started under Lok Jumbish in two
blocks—Kishanganj or Baran district and Kota of Udaipur district, so that
children may get education at any time in
the day. At present, 37 muktangans
are running with 2308 enrolled children (including 999 girls).
|
Source: Rajasthan State Report, Government of
Rajasthan
Operation Blackboard
876. In pursuance of NPE, 1986,
the scheme of Operation Blackboard was launched in 1987–88 with the aim of
improving the human
and physical resources available in the country’s
primary schools as at 30 September, 1986.
877. During the Eighth Five-Year
Plan, the scheme was revised in 1993–94 and extended toprovide a third
classroom and a third
teacher to primary schools, where enrolment exceeds
100 students. It was also extended to cover teaching-learning equipment
and
additional teachers in upper-primary schools. The scheme is being
implemented through the State Governments, with 100 per cent assistance
from the
Centre, towards salary of additional teachers and provision of teaching-learning
equipment. Under the scheme of Operation
Blackboard, construction of school
buildings is the responsibility of the State/UT Governments. However, in
consultation with the
Department of Education, the Ministry of Rural Areas and
Employment has worked out a formula to set aside funds for the construction
of
school buildings.
878. As envisaged in NPE and the
POA, the Centrally Sponsored Scheme of Restructuring and Reorganisation of
Teacher Education was
taken up in 1987 to create a viable institutional
infrastructure, and academic and technical resource base for orientations,
training
and continuous upgradation of knowledge, competence and pedagogical
skills of schoolteachers in the country. The scheme envisages
setting up of a
District Institute of Education and Training in each district to provide
academic and resource support to elementary
schoolteachers and non-formal and
adult education instructors. It also envisages establishment of Colleges of
Teachers’ Education/Institutes
of Advanced Studies in Education to
organise pre-service training for secondary teachers and provide extension and
resource support
services to secondary schools. Institutes of Advanced Studies
in Education are also expected to engage in advanced level fundamental
and
applied research, especially of an inter disciplinary nature, and provide
academic guidance to District Institute of Education
and Training and support
services to Colleges of Teachers’ Education. Four hundred and fiftyone
District Institutes of Education
and Training, Seventy-six Colleges of
Teachers’ Education and Thirty-four Institutes of Advanced Studies in
Education have
been established under the scheme till the end of
1998–99.
879. State Governments have realized the critical role of
District Institute of Education and Training in the development of teacher
education at the grassroot level and in implementation of new educational
initiatives. These institutions have been identified as
the principal technical
and professional resource institutions in DPEP districts. The progress of
implementation of the scheme is
being monitored through quarterly progress
reports furnished by the States. Information received from States is analysed.
States
are suitably advised to take necessary action, wherever warranted, for
expediting completion of civil works, filling up of posts
and organisation of
pre-service and in-service training programmes for elementary schoolteachers.
The scheme also envisages strengthening
of SCERTs; orientation of schoolteachers
in the use of OB materials and implementation of MLL strategy with focus on
teaching of
languages, maths and environmental studies; and strengthening of
departments of education in the universities through the University
Grants
Commission (UGC).
880. Over the years, India has developed a multi-tier
infrastructure for teacher education. At the national level, NCERT leads the
country in designing quality instructional material on teacher education and
providing training through innovative programmes. The
Indira Gandhi National
Open University (IGNOU), through its School of Education, offers teacher
education programmes in the distance
mode. SCERTs and SIEs are the State
counterparts of NCERT in providing direction and leadership for reforms in
school education,
including teacher education. Twenty SCERTs have received
central assistance under the Teacher Education Scheme. Special emphasis
is being
laid during the Ninth Plan on strengthening teacher education in North-Eastern
States. A diploma programme in primary education
(DPPE) by IGNOU, in
collaboration with NCERT, is on the anvil to remove the backlog of untrained
teachers in the North-east. North-Eastern
States have also been asked to
conduct short-term induction programmes for untrained teachers in DIETs and
other teacher training
institutions before the untrained teachers are actually
assigned teaching work in schools. A proposal for setting-up of the Regional
Committee of the National Council for Teacher Education (NCTE) in the North-East
is also under consideration.
881. The Distance Education Programme of DPEP,
which is a joint collaborative project of IGNOU and NCERT, is also involved in
training
of teachers and educational personnel using the distance mode.
Multimedia packages, including print and audio-visual materials for
training of
teachers are prepared under this programme. One-way audio and two-way video
tele-conferencing has also been utilized
for training of teachers in DPEP States
through provision of dish receiving system (DRS) in the DIETs of some of the
DPEP States.
The NFE scheme will become part of SSA under the Education
Guarantee Scheme (EGS) and Alternative Innovative Education
(AIE).64
882. NCTE was
established as a national level statutory body by the GOI on 17 August 1995.
The main objectives of the Council are
to achieve planned and coordinated
development of the teacher education system, and regulate the proper maintenance
of norms and
standards of teacher education. Some of the other major functions
of the Council are laying down of norms for various teacher education
courses,
recognition of teacher education institutions, laying down of guidelines in
respect of minimum qualification for appointment
of teachers, surveys and
studies, research and innovations, prevention, etc. Four Regional Committees
for the northern, southern,
eastern and western regions have been set up at
Jaipur, Bangalore, Bhubaneswar and Bhopal, respectively. These Regional
Committees
consider the applications of teacher education institutions for
recognition/permission in accordance with the provisions of the Act.
883. The
Council has laid down norms and standards for pre-primary, elementary and
secondary level teacher education institutions
and B.Ed., through the distance
mode. The task of preparation of a new curriculum framework for teacher
education at various stages
was completed during the year, 1998–99, after
detailed exercise of consultations with eminent educationists and teacher
educators
and organisation of a series of seminars. One of the major
achievements of NCTE, during the short period of its existence, has been
the
publication of monographs, reports and self-learning modules for teacher
educators and teachers during the year 1998–99.
The publication brought
out by NCTE provides a comprehensive view on several important aspects of
teacher education.
884. In pursuance of the
directive under article 45 of the Constitution, the NPE, 1986, envisages a large
and systematic programme of non-formal education (NFE )as an integral component
of the strategy
to achieve UEE. It caters to children who remain outside the
formal system of education due to various socio-economic constraints.
The scheme
has been in operation since 1979–80 and focuses on children in the
6–14 years age group who have remained
out of the formal schooling system.
It lays emphasis on organization, flexibility and relevance of curriculum, and
diversity of the
learning activity to suit the needs of learners. The scheme
primarily covers the educationally backward States of Andhra Pradesh,
Arunachal
Pradesh, Assam, Bihar, Jammu & Kashmir, Madhya Pradesh, Orissa, Rajasthan,
Uttar Pradesh and West Bengal. It also
covers urban slums, hilly, desert and
tribal areas and areas with a concentration of working children in other States.
Special emphasis
is laid on girls, working children, and those belonging the SC
and ST communities.
885. At present, there are 297,000 NFE centres, covering
about 7.42 million children in 24 States/UTs. While 238,000 centres
have
been sanctioned to States/UTs (of which 118,000 centres are
exclusively for girls), 58,788 centres are run by 816 voluntary agencies.
The
performance of the scheme has been reviewed and a decision has been taken to
incorporate the following features into the scheme:
National Bal Bhavan
886. National Bal Bhavan (NBB) formerly Bal Bhavan
Society, India, New Delhi, was established by the GOI in 1956, at the
initiative of Pandit Jawahar Lal Nehru. An autonomous institution,
fully funded
by the Department of Education, NBB has been working towards enhancing
creativity amongst children in the age-group
of 5–16 years, especially
from the weaker sections of the society. The programmes for children are so
designed as to explore
the inner potential through participation in creative and
performing arts, environment, astronomy, photography and science-related
activities. NBB thus aims at the all-round growth of children in a free and
happy atmosphere, and encourages them to develop a scientific
temper.
887. National Bal Bhavan organizes summer programmes for
children, wherein workshops on miniature painting, machine modelling,
development of low-cost scientific
models, toys and games, creative arts, screen
printing, etc., are arranged. Environment-related activities form an integral
part
of the innovative, creative and meaningful programme organized by NBB
throughout the year. A Cultural Craft Conservation Convention
was organised in
June 1999 with well-known folk artists. A number of camps such as publication
camp, literacy camp and computer
awareness camp were also organized this year.
At the local level, Bal Shree Camps were organised in July 1999, for the
children of age group 9–16 years, to honour creative children. The
National Children’s
Museum with galleries on Gaurav Gatha, Hamara
Bharat Mahan and Surya, displaying, children’s creative work,
attracted 5536 visitors. An interstate camp was held at Jawahar Bal Bhavan at
Pondicherry.
An Indian delegation participated in the International
Children’s Camp at Nairamadal (Mongolia) in August 1999, under the
cultural exchange programme.
888. The National Programme for Nutritional Support to Primary Education (NPNSPE): Popularly known as the Midday Meal Scheme (MDM), this programme was launched on 15 August 1995. The programme is designed to give a boost to UPE by impacting upon enrolment, attendance, retention and the nutritional needs of children in primary classes. The programme aims to cover all Government, Local Body and Government-aided schools. Central support under this programme is to provide food grains, free of cost to children at the rate of 100 grams per school per student in States where cooked meal is provided, and three kilos per month per child where food grains are being distributed, subject to minimum 80 per cent of attendance. All States except Gujarat, Kerala, Orissa, Tamil Nadu, Madhya Pradesh (174 tribal blocks) and Pondicherry distribute foodgrains. The programme has been evaluated recently in 10 States by an independent agency. The findings state that while the programme has given a boost to enrolment in Assam, Madhya Pradesh, Uttar Pradesh and West Bengal, it has had a positive impact on attendance and retention in Gujarat, Haryana, Jammu & Kashmir, Karnataka, Orissa and Rajasthan.
889. The Shiksha Karmi Project (SKP)
aims at universalisation and qualitative improvement of primary education in
remote, arid and socio-economically backward villages
of Rajasthan, with primary
attention on girls. The project identifies teacher absenteeism as a major
obstacle in achieving the goal
of UEE. It was realised that a primary school in
a remote village, with a non-resident teacher often tended to become
dysfunctional,
and both parents and children failed to relate to such an
institution, leading to high dropout rates. Under SKP, regular teachers
are
replaced by local teachers who are less qualified but specially trained. A
shiksha karmi (SK education worker) is a local person with a minimum
educational qualification of Class VIII for men, and Class V for women. To
overcome the basic lack of qualifications, shiksha karmis are given
intensive training through induction programme as well as periodic refresher
courses. The project is being implemented
by the Government of Rajasthan
through the Rajasthan Shiksha Karmi Board (RSKB) with assistance from
voluntary agencies. The RSKP has a Governing Council and an Executive Council.
Box 7.10: Innovative strategies in Rajasthan
Rajasthan is situated in the north-western part of India. With an area of
342 thousand square kilometres, it is the second largest
State in India. The
area of Rajasthan is nearly equal to that of countries like Norway, Poland and
Italy, but the size of population
is about 8–10 times more than the
population of these countries. The State had an estimated total population of
52 million
in 1999. The growth rate of population has been conspicuously
higher than the national average. Between 1951 and 1991, the population
has
recorded an almost three-fold increase. Even then the density of population at
154 persons per square kilometre is significantly
lower than the Indian average
of 299 persons per square kilometre. Administratively, the State is divided into
32 districts, which
are further sub-divided into 237 development blocks.
The educational backwardness of Rajasthan can be ascribed partly to its
harsh geography and scattered habitations. Its feudal society
imposes a low
status on women. Access to education is limited because of both inadequate
facilities and social customs. Efforts
based on conventional approaches have
failed to overcome these problems. Innovative flexible programmes which address
the needs
of the diverse areas and communities had to be conceptualised. SKP and
Lok Jumbish (LJP) are two such programmes, which have successfully worked
on a fairly large scale in the State. The approach followed by both
these
programmes is process-based, incorporating components such as participatory
learning, partnership with NGOs, flexibility of
management, creation of multiple
levels of leadership and integration with mainstream education.
The success of SKP and LJP may be ascribed to many factors and strategies.
Some of these are:
Collaborative model with autonomy and linkage of implementing
structure: SKP and LJP are strategically based on collaborative models with
four sets of actors: (i) villagers, (ii) grassroot workers, who
are capable of
local mobilisation and flexible, creative ways of planning, management and
teaching; (iii) Government of Rajasthan,
with the support of the GOI, which
provides the wherewithal and machinery for scale and sustainability; (iv)
academics and NGOs,
who facilitate the training and curriculum development, make
mid-term corrections and guide the revisions in planning. The autonomous
bodies,
Shiksha Karmi Board (SKB) and Lok Jumbish Parishad (LJP), have
both the space and stability to devise, implement and monitor, while at the same
time, the Government has the responsibility
to fund the programme and the
authority to intervene in the delivery system. The State-level resource
institutions, local voluntary
organisations, district level officials,
Sandhan and IDS, block and panchayat samiti members are all linked
together in a web and a delicate balance is maintained between autonomy
and
linkage.
Giving recognition to the talent and emphasis on continuous training of
workers and teachers: Appointment in various positions under SKP and LJP has
not been identified with employment schemes. Rather, the potential that
lay
under the apparent ordinariness of the unemployed and underemployed youth has
been recognised, nurtured and supported through
a network of institutions. For
maintaining the motivation, SKP and LJP devote tremendous time, energy and
effort in providing continuous
training and support to the staff at all levels.
This has enabled them to perform up to the high expectation of the
community.
Using new vocabulary for altered functions: In order to enable the
functionaries to internalise new shifts in the way of functioning, SKP has
initiated the use of fresh vocabulary,
giving new role descriptions, such as
shiksha karmi—education worker rather than gram
shikshak—village teacher; shiksha karmi sahyogi rather than
supervisor, and so on.
Limited claims and demonstration of results: SKP and LJP were modest
in aim and gradual in practice, with the approval of the concerned community as
a constant principle.
Willingness to learn from others: SKP and LJP have shown a welcome
ability to learn from contextual experiences and to work in coordination with
holistic initiatives.
Incentives and career opportunities of SKs and other staff: To be a
shiksha karmi (SK) itself brings prestige and a special position to the
person in the community. Although appointment of SKs are not identified
with an
employment scheme, appropriate financial and career incentive schemes have been
introduced.
From the insight of success of the two specific projects meant for
achieving the goals of UPE, what appears important is to understand
and
recognise the factors which have contributed to the innovations in education in
Rajasthan—the creativity, vision, optimism
and faith of the people
concerned. These have been complemented by conceptual clarity, emotional
strength, and investment of the
time of many qualified, talented and warm
people.
|
Source: Year 2000 Assessment: Universal Elementary Education in Rajasthan: A Study with Focus on Innovative Strategies, MHRD, NIEPA, 2000, pp. 1, 51–52
890. NGOs and the community play a pivotal role in the implementation of SKP. Village education committees (VECs) have contributed to the improvement of school environment, augmentation of infrastructure and facilities, and greater enrolment of children through school-mapping and micro–planning in the Shiksha Karmi schools. Enrolment of girls, and their attendance and retention in primary schools are serious challenges in achieving UEE in Rajasthan. SKP aims at addressing these through decentralised initiatives involving the community. At the grass-roots level, panchayat samitis, shiksha karmi sahyogis, subject specialists of NGOs, shiksha karmis and the village community constantly interact with each other to achieve the aims of the project.
Prehar Pathshalas (PPs)
891. Prehar Pathshalas (school of
convenient timings), under SKP, provide educational programmes for out-of-school
children who cannot attend regular day
schools due to their preoccupation at
home. In PPs, condensed formal school curriculum and learning materials are
followed. At
present 22,359 girls who constitute 71 per cent of learners in PPs
are benefiting from this facility. Among other innovative and
experimental
activities, Angan Pathshalas have proved effective in attracting girls to
primary schools. Mahila sahyogis have confirmed their utility in
motivating girls to attend schools/PPs in remote areas. Integration of children
with partial disabilities
into day schools and PPs have been attempted on a
pilot basis.
892. There are in-built monitoring processes at village, block,
headquarter and State levels. There is a provision of joint biannual
reviews by
the international agency concerned, the GOI and the Government of Rajasthan and
independent evaluation by teams consisting
of national and international
experts. It has been the practice to conduct mid-term review/evaluation through
interactions with
all functionaries and beneficiaries. Expert studies have
revealed that academic attainments of primary schoolchildren in the SKP
areas
are generally better than neighbouring schools managed by the PRIs.
893. SKP
has emerged as a unique instrument of human resource development. It has
enabled rural youth, with inherent talent and potential,
to blossom into
confident para-professionals with self-respect and dignity. There has been a
six-fold increase in the enrolment of
children in the schools taken over by the
project. A significant number of children covered by SK schools are from among
SCs/STs.
The project now covers 2715 villages in 146 blocks in Rajasthan and
6285 shiksha karmis provide primary education to 216,000 children in
day schools and PPs. The experience of SKP demonstrates that the motivation of
shiksha karmis working in difficult conditions can be sustained over a
longer period of time by recurrent and effective training, sensitive nurturing,
community support, regular participatory review, and problem solving. The
success of SKP has brought to it national and international
recognition. The
second phase of SKP came to an end on 30 June 1998.
894. DPEP is a
centrally sponsored scheme providing special thrust to achieve UPE. The
programme takes a holistic view of primary
education development and seeks to
operationalize the strategy of UPE through district-specific planning, with
emphasis on decentralized
management, participatory processes, empowerment and
capacity-building at all levels.
895. The programme is structured to provide
additional inputs over and above the provisions made by the State Governments
for elementary
education. It fills in the existing gaps in the development of
primary education and seeks to re-utilize the existing system. DPEP
is a
contextual programme and has a marked gender focus. The programme components
include construction of classrooms and new schools,
opening of
non-formal/alternative schooling centres, appointment of new teachers, setting
up of block resource centres/cluster resource
centres, teacher training,
development of teaching-learning material, research-based interventions, special
interventions for education
of girls, SCs/STs, etc. The components of integrated
education for children with disability and a distance education component for
improving teacher training have also been incorporated in the
programme.
896. The programme which was initially launched in 1994 in 42
districts of seven States, has now been extended to cover 219 districts
of 15
States, namely, Assam, Haryana, Karnataka, Kerala, Maharashtra, Tamil Nadu,
Madhya Pradesh, Gujarat, Himachal Pradesh, Orissa,
Andhra Pradesh, West Bengal,
Uttar Pradesh, Bihar and Rajasthan. Further expansion of DPEP to eight districts
of Orissa, six districts
of Gujarat and nine districts of Rajasthan is being
envisaged.
897. The programme is supervised through periodic supervision
missions. So far, five internal supervision missions and 10 joint
supervision/review
missions (comprising representatives of GOI and external
funding agencies) have been carried out. The first phase of the programme,
which was launched in November 1994 in 42 districts in seven States, was
subjected to an in-depth review during September-October
1997. The second
in-depth review was conducted in November 1999. Consequent reviews and
evaluatory studies have revealed that the
programme has resulted in a
significant increase in enrolment, improvement in learning achievement, and
reduction in repetition rates/dropouts,
with increased community involvement and
improvements in classroom processes. Following are the major achievements of
DPEP.65
Gender Gap
Repetition rates, dropout and internal efficiency
Learning achievement
Improving classroom situation
Community involvement
School building reforms
Secondary education67
898. Secondary education serves as a bridge between elementary and higher education and prepares young persons in the age group of 14–18 years for entry into higher education. Secondary education starts with classes IX–X, leading to the higher secondary classes of XI–XII. The child population at the secondary and senior level, as projected in 1996–97 by NSSO has been estimated at 96.6 million. Against this, the enrolment figures of 1997–98 show that only 27 million were attending schools. Thus, two thirds of the eligible population remain out of the school system. At present (1998–99), there are 110,000 secondary-level institutions to accommodate these children. With emphasis on UEE and programmes like DPEP, the enrolment is bound to increase and we may require more than 200,000 additional institutions at the secondary level.
899. Secondary school education is being assisted by the many autonomous institutions which function under the management and guidance of the Department of Education, such as:
Some interventions in secondary education are described below.
Vocationalization of secondary education
900. A centrally-sponsored scheme of vocationalization of secondary education was introduced in 1998. The main objectives of the scheme are to enhance individual employability, reduce the mismatch between demand and supply of skilled manpower and provide an alternative for those pursuing higher education without particular interest or purpose. A centrally sponsored scheme of pre-vocational education at the lower secondary stage has also been introduced from 1993–94, primarily to impart training in simple marketable skills to the students of classes IX and X, to develop vocational interests and to facilitate students in making a choice of vocational courses at the higher secondary level. The target laid down in the revised policy was to divert 10 per cent of higher secondary students to the vocational stream by 1995, and 25 per cent by 2000. As against this, 18,719 vocational sections have been sanctioned in 6486 schools all over the country, thereby creating capacity for diversion of about 9.35 lakh students to the vocational stream, which is 11 per cent of the enrolment at the 10+2 (class 11-12) stage.
Box 7.11: Skill training for the
underprivileged
Don Bosco Self–Employment Research Institute (DB–SERI), Howrah,
West Bengal, is an example of a pioneering NGO working
in the vocational
education sector, catering to the needs of about 250 underprivileged school
dropout youths, by imparting skill
training for producing marketable items so
that they can earn their livelihood.
The institute is running 12 nonformal vocational trades of one-year
duration such as welding, house-wiring, motorwinding, machine
shop training,
computers for handicapped, jute products and other allied trades without any
fees. Sixty-five per cent of the total
strength of the institute consists of
girls and housewives. Once the training is complete, each trainee is supplied
with a machine
of his/her trade. The product produced is sold in the market
through the marketing organisations set up by the institute.
Since the commencement of DB–SERI, about 1200 trainees have passed
out in the last six years. Now 95 per cent of them are self-employed
and are
capable of earning their livelihood.
|
Source: Education for the 21st Century, India Country Paper for
Vocational Education, March 1998, UNESCO, page 16
A State
intervention
901. In the realm of vocational education, the Punjab Government has been active in implementing schemes like:
Educational technology
902. The
Educational Technology Programme has been implemented by the Department of
Education under the central sector to bring about
qualitative improvement in and
widen access to education. This scheme seeks to provide the entire cost of
radio-cum-cassette players
in primary schools and 75 per cent of the cost of
colour TVs in upper primary schools, to promote quality education. Six
autonomous
State Institutes of Educational Technology (SIETs) in Uttar Pradesh,
Bihar, Orissa, Maharashtra, Gujarat and Andhra Pradesh are also
being funded
under the scheme. The scheme extends financial support to the Central Institute
of Educational Technology (CIET) for
producing programmes for the school sector
that are aired on Doordarshan and Akashvani the state owned
television and radio stations.
903. So far, approximately 3,92,438
radio-cum-cassette players and 75,001 colour TVs have been sanctioned to States
and UTs for installation
in primary/upper primary schools. Up to December 1998,
the CIET and SIETs together produced 683 (633 video and 50 audio)
programmes.
904. Keeping in view the need to expose children to utility and applications of computers, the Department of Electronics, in collaborations with MHRD, initiated a pilot project— Computer Literacy and Studies in Schools (CLASS) from 1984–85, for senior secondary schools. The CLASS project was modified into a centrally sponsored scheme implemented from 1993–94. In 1995–96, the Ministry of Finance advised the Department of Education to revise the scheme. During the Eighth Five-Year Plan, 2371 schools have been covered under the scheme. The scheme is now being revised in view of changed situations and requirements of information technology in schools.
905. The main objective of the scheme is to improve the quality of science education and promote scientific temper. The scheme uses the resources and agency of the State Government and NGOs to achieve these objectives. Accordingly, 100 per cent assistance is provided to States and UTs for provision of science kits to upper primary schools, upgradation of science laboratories and library facilities in secondary/senior secondary schools and training of science and mathematics teachers. The scheme also provides for assistance to voluntary organisations for undertaking innovative projects in the field of science education.
906. The NPE, 1986,
provides that protection of the environment is a value which must form an
integral part of the curricula at all
stages of education. The intellect of the
student must be sensitized to the hazards inherent in upsetting the ecological
balance
in nature.
907. A centrally sponsored scheme, Environmental
Orientation to School Education, was initiated in 1998–99 to inculcate
awareness
among students regarding conservation of the environment. The scheme
envisages assistance to voluntary agencies for experimental
and innovative
programmes, aimed at promoting integration of educational programmes in schools
with local environmental conditions.
States and UTs are assisted in various
activities, including review and development of curricula at primary, upper
primary, secondary
and senior secondary levels with a view to infusing
environmental concepts therein, development of strategies and textbooks for
environmental
studies at primary and upper primary levels and development of
teaching-learning material.
908. Three resource centres, namely,
Uttrakhand Seva Nidhi, Almora; CPR Environmental Education Centre,
Chennai; and Centre for Environment Education, Ahmedabad, have been designated
as nodal
agencies for mobilization and provision of financial support to NGOs
and voluntary organisations for conducting innovative and experimental
programmes to provide environmental orientation to school education.
909. The schemes of assistance to voluntary agencies to strengthen culture and values in education have been operational since 1988–89. In 1992–93, a revised scheme was introduced, which has two broad components: strengthening cultural and value education inputs in the school systems and strengthening the in-service training of art, craft, music and dance teachers.
910. Under this scheme, financial assistance is given to eligible voluntary organisations to improve the enrolment of adolescent girls belonging to rural areas and weaker sections. Preference in providing assistance is given to hostels located in educationally backward districts, particularly those predominantly inhabited by SCs/STs and educationally backward minorities. Grants are given as per the following norms:
Educational concessions to children of armed forces personnel killed/disabled during hostilities
911. The GOI and most States and UTs offer educational concessions by way of reimbursement of tuition fees, boarding-lodging expenses, expenditure incurred on uniforms, textbooks, transport charges, etc., to school students who are wards of armed forces personnel killed or permanently disabled in the course of the duties. At present, the Department provides these concessions to students at two Lawrence Schools (at Sanawar and Lovedale).
912. In Punjab, a rising trend has been
observed in the establishment of both high and senior secondary level schools.
In fact, a
high school has been ensured within a radius of 2.5 km in all areas,
lower than the national prescription of 3 km. There has been
an augmentation of
enrolment at the secondary level in 1998–99 from the previous year. An
encouraging aspect is the improvement
in the enrolment of girls at the secondary
level.
913. At the secondary level also, the Punjab Government has
implemented schemes to provide access to students belonging to SC/ST,
like:
University and higher education
914. The higher education system has seen a phenomenal
increase in the number of universities and number of colleges since
Independence.
There are now 185 universities, 42 deemed to be universities and
five institutions established through State and Central legislation,
and nearly
11,100 colleges in the country in addition to the unrecognized institutions in
the higher education sector.69 A number of initiatives were
taken to improve access to and quality of higher education. The National
Assessment and Accreditation
Council has been set up to make accreditation
obligatory for universities. Curriculum revision is done in tandem with the
existing
vocational courses introduced at the first-degree level.
915. Open
university systems like IGNOU are trying to reach out to districts with low
female literacy levels. Their outreach will
be strengthened by the setting-up of
educational TV and radio called Gyan Darshan and Gyan Vani
respectively. Efforts are being made to involve the tertiary sector as well
as check the quality of education both at the national
and international level.
In the distance education sector, linkages with the Commonwealth of Learning
were maintained and strengthened.
A special emphasis has come to be laid on
women’s education. The number of women’s colleges has recorded a
substantial
increase—India has 1195 women’s colleges today. The
enrolment of women at the beginning of 1997–98 was 2,303 million,
34
per cent of them being at the post-graduate level.
916. This massive
development has been guided by a process of planning and the recommendations of
several National Commissions set
up by the GOI. The objectives of higher
education have gradually become more and more precise and a system of governance
in the direction
of increasing autonomy and accountability is
developing.70
917. Open University System: The
country also has an open university system. IGNOU, set up in 1985, has
nationwide jurisdiction in the field of distance education.
A Distance
Education Council has been established as a statutory authority under IGNOU Act.
It provides development funds to open
universities and distance education
institutions from the funds placed at its disposal by the Central Government.
The open university
network has established a common pool of programmes
consisting of contributions from different open universities. These programmes
can be shared by any open university through the process of adoption, adaptation
and transmission. IGNOU has received international
attention and recognition,
and the Commonwealth of Learning has recently conferred the status of excellence
in distance education
to IGNOU.
918. Protective discrimination: An
important aspect of the NPE is to ensure protective discrimination for certain
sections of society. It aims at enabling disadvantaged
sections of society to
have access to colleges and universities, through reservation of seats. Students
from SCs and STs are given
scholarships. In addition, there is provision for
coaching classes for these students to help them overcome their
deficiencies.
919 . Reforms in the examination system: There is a
programme to reform the examination system, and various experiments have been
conducted to ensure that students are freed
from the burden of annual
examinations, and encouraged to continue studying throughout the period of
study. It is proposed to broaden
these experiments.
920. Investment in
higher education: Higher education in India is under deep financial strain.
The allocation for higher education has declined continually, from 0.53
per cent
of GDP in the Seventh Five-Year Plan to 0.35 per cent in the Eighth Five-Year
Plan, though the actual expenditure has increased
by more than 100 times, to
Rs 15,000 million in the Eighth Five-Year Plan at current prices, and
by 6.5 times in terms of real prices.
921. Recently, major efforts have been
mounted for resource mobilisation. It has been recommended that while the
Government should
make a firm commitment to higher education, institutions of
higher education should make efforts to raise their own resources. A
suggestion
has also been mooted for levying an educational cess. It is clear that if higher
education has to be maintained and developed
further, the Government will have
to step up measures to promote self-reliance while providing more massive
investment than before.
922. The basic thrust of the programme of technical education has been on overall quality improvement. Strong linkages between technical institutions and industry were developed, particularly through the technology development missions between Indian Institutes of Technology (IITs) and Indian Institute of Science (IISc), Bangalore, and industries. The institutions generate adequate resources under block grant-funding scheme and are progressing successfully towards achieving self-sufficiency in due course. Centrally funded institutions were able to work towards holistic development through direct central assistance schemes like modernization and removal of obsolescence, thrust area development, and research and development.
923. Teaching in local and indigenous minority languages occupies an important place in NPE and POA. Accordingly, the Department of Education is assisted by autonomous organisations, subordinate offices and NGOs in fulfilling this Constitutional responsibility.71 The promotion of languages occupies an important place in NPE and POA, since they are an important medium of communication and education. The promotion and development of Indian languages, listed in schedule VIII of the Constitution, as also foreign languages, has been the constant endeavour of the Department of Education. The Department is assisted by the following autonomous organizations and subordinate offices in fulfilling this Constitutional responsibility.
924. The Central Hindi Directorate was set up in March 1960 as a subordinate office of the Ministry of Education. The Directorate has since designed and implemented a number of schemes for the promotion and development of Hindi. The Department of Correspondence Courses of the Central Hindi Directorate is currently implementing a scheme of teaching Hindi as a second and foreign language to non-Hindi speaking Indians and foreigners. So far, four lakh (approx.) people have benefited under this scheme. New methodologies of teaching, such as the use of audio cassettes have also been initiated by the Department. Bilingual, trilingual and foreign language dictionaries have been published to provide non-Hindi speakers access to the language.
925. The Commission for Scientific and Technical Terminology was established by the GOI with the aim of developing India–languages as media of instruction. The Commission has been engaged in the task of evolution of technical terms in Hindi, production of university-level textbooks, definitional dictionaries and reference literature. So far, 53 definitional dictionaries have been published.
926. The Central
Institute of Indian Languages (CIIL) at Mysore, a subordinate office, helps in
evolving and implementing the language
policy of the GOI. It also coordinates
the development of Indian languages by conducting research in the areas of
language analysis,
language pedagogy, language technology and language use in
society. CIIL promotes Indian languages through three comprehensive schemes.
Under the first scheme, it seeks to develop Indian languages through research,
manpower development and production of materials in
modern Indian languages,
including tribal languages. The scheme also addresses other important areas of
concern such as tribal and
border languages, socio-linguistics, phonetics,
psycho-linguistics, materials production and training, evaluation and testing,
distance
education, educational technology, lexicography and translation. Under
the second scheme, the three-language formula is implemented,
through training
secondary schoolteachers deputed by States and UTs. The Regional Language
Centres conduct various teacher training
programmes and prepare instructional
materials. The 10-month intensive course in Indian languages begins in July at
various centres,
with the total intake capacity of 400 trainees.
927. Under
the third scheme, financial assistance is provided to individuals and voluntary
organisations for publication in Indian
languages, including tribal languages
(other than Hindi, Urdu, Sindhi, Sanskrit and English).
928. This scheme provides 100 per cent assistance for appointment of modern Indian language teachers, preferably South Indian languages, in Hindi-speaking States. The CIIL has also been assigned the responsibility of training teachers appointed by various States, to teach modern Indian languages in Hindi-speaking States. This scheme was initiated during the Eighth Plan period and has been approved for continuation during the Ninth Plan period. The scheme is being reviewed in view of inadequate response from the States.
929. The Government has constituted the National Council for Promotion of Urdu Language (NCPUL) as an autonomous body to replace the Taraqqi-e-Urdu Board with a view to furthering broad-based Urdu promotional activities. NCPUL became functional from 1 April 1996. It is engaged in preparation of academic literature in Urdu for the Urdu-speaking people of the country.72
930. In
the Eighth Five-Year Plan, a central scheme provided funds to the States to hire
a woman teacher for all single-teacher primary
schools and also gave funds for
cash awards and prizes for villages, blocks and districts doing well in female
education/literacy.
931. Girls belonging to SCs and STs receive special
benefits like free uniforms and free textbooks. Special stipends are awarded to
these children as day scholars, as well as for board and lodging for primary
education upward in several States. In Madhya Pradesh
for instance, a tribal
girl passing class V is provided with a bicycle for commuting to school if she
joins class VI. She is allowed
to retain the cycle if she clears class VIII.
Ashram Shalas (residential schools) and Kanya Parisars (girls'
education complexes) seem to be doing very well in the tribal areas of Madhya
Pradesh Likewise, Maharashtra and Andhra Pradesh
have a large number of schemes
to promote UEE among girls, especially those belonging to disadvantaged groups.
Post-matric scholarships
are given to all SC and ST students for general,
technical and higher education, and they also enjoy reservation in all higher
institutions/courses,
jobs and legislatures. As a result of the protective
discrimination policies formulated under Constitutional provisions, the
enrolment
of SC/ST children has improved considerably, but their dropout rates
in elementary education are still considerably higher than those
of the general
population, both at the primary and middle stages, i.e. classes
I–VIII.
932. A central scheme of NFE was launched for out-of-school
children in the age group of
6–14 years. Under this scheme, States and
UTs get 60 per cent support for co-educational centres and 90 per cent for
all-girls'
centres. Voluntary agencies get 100 per cent support for organising
these NFE centres. In 1996–97, of the 241,000 NFE centres,
118,000 were
exclusively for girls, who account for 2,950,000 of the total of 7,000,000
children.
933. The DPEP strategy intends to improve access, retention and
achievement among primary school-going children with a focus on girls
and
children belonging to the socially disadvantaged and economically backward
sections of society.
934. The IGE of the Phase I districts with near-absence
of gender inequities has increased from 15 in 1995–96 to 23 in
1998–99.
The general increase in IGE is an outcome of gender-sensitive
programmes initiated under DPEP for teachers, administrators and communities.
Revision of curriculum to remove gender bias has also facilitated an improvement
in the enrolment of girls. Of the 75 districts in
Phase-II/III where the SC
population was more than 95 per cent, as against 31 in 1997, eight had an IGE of
less than 85, compared
to 14 in 1997.
935. This scheme was introduced in 1996–97 on a pilot basis, with a view to providing a package of educational inputs, through residential schools, to SC girls in areas of very low SC female literacy, where traditions and the environment are not conducive to their education. The schools are intended to supplement existing measures to impart and consolidate literacy and to promote quality education to such girls who are first-generation learners in areas of low literacy. The grant-in-aid under the scheme consists of a package of Rs11, 340 per student in class I only. This includes direct facilities to the student and covers costs towards infrastructure, staff and other running costs. No fees, charges or contributions are recovered from the students. The scheme is implemented by the zilla parishads (district level panchayats) of the districts concerned.74
936. The appointment of women teachers has a positive impact on girls' education. Over the last five decades, there has been a sharp increase in the recruitment of women teachers, especially at the primary school level. Under the scheme of OB, it is proposed to upgrade the primary schools in blocks with low female literacy by providing additional women teachers and teaching-learning equipment during the Ninth Plan. At least one in every two teachers appointed must be a woman. Recognizing the fact that large numbers of girls and working children have been left out of the ambit of education, the NFE scheme provides the flexibility, relevance of curriculum and diversity in learning activity necessary to reach out through a decentralised management system. There is a separate budget for girl centres within the schemes. At present, nearly 50 per cent of the 241,000 NFE centres are exclusively for girls. Another 12,000 centres only for girls will be set up by the end of the Ninth Plan period.75
208. A prime area of concern in the education of the girl child is the formulation of action programmes in the sphere of elementary and secondary education, focusing on the education of out-of-school girls. A major proportion of girls in the age group of 10–18 years is out of school. Till very recently, girls in this age group were not covered by any Government programme for health care or nutrition. At present, these girls are being addressed through the following programmes:
938. Additionally, in the Ninth Five-Year Plan, provision has been made to fund and support innovative educational programmes for out-of-school adolescent girls in the age-group of 12 to 18 years by the Department of Education, MHRD.78 The Ministry of Health and Family Welfare also has a very large programme for adolescent girls, as part of its Reproductive and Child Health (RCH) programme. Likewise, the Ministry of Labour is targeting out-of-school girls and women through some of its programmes.79 NCERT has a National Resource Centre for Women's Education, which has acted as a nodal point for SAARC activities and provided consultancy to the UN and certain other international organisations. An evaluation of the Central scheme, Strengthening of Boarding and Hostel Facilities for Girl Students of Secondary and Higher Secondary Schools was conducted to assess its impact on the enrolment, retention and achievement of rural girls.80
Box 7.12: Angana Vidyalaya, Bihar
Angana Vidyalaya has been specially designed for adolescent girls
who are out of school. The teacher at the school is from the same community and
is
referred to as the saheli (friend). The school curriculum, apart from
mathematics, language and environmental studies, includes knowledge and skills
relevant
to adolescent girls. It helps to build awareness on the biological
changes that take place during adolescence.
The strategy was started in November 1998. It drew inspiration from the
Jagjagi centres under the Mahila Samakhya. A total of 467
Angana Vidyalayas are operational, covering more than 15,000 girls.
These centres run for four hours daily, the timings being suitable for
girls. The programme duration is two years, divided into four
semesters, each of
six months’ duration.
|
Source: Every Child in School and Every Child Learning, DPEP, page 3
939. The Balika Shikshan Shivir is an innovative programme run by the Lok Jumbish Parishad in rural and tribal areas of Rajasthan for out-of-school adolescent girls. Three shivirs (camps), namely, Abu Road Shivir (District Serohi), Nokha Shivir (District Bikaner) and Udairamsar Shivir (District Bikaner), were studied through a case-study approach. The qualitative aspects were studied through classroom observations, field surveys and interviews, and focused group-data was collected by administering achievement tests.81
940. An International Centre for Promotion of Inclusive Education in the Asia and Pacific Countries has been established in the Council for Culture, Education, Research and Training. Its coverage will soon be extended to include other countries besides the Asia-Pacific region. The NCERT has prepared a source book for teachers of visually and hearing-impaired children.82
Education for the SCs/STs and minorities
941. The NPE, 1986, updated in 1992, envisages paying greater attention to the education of the educationally backward minorities in the interest of equity and social justice. The Department, in pursuance of these objectives, launched several schemes and programmes such as the Area Intensive Programme for Educationally Backward Minorities launched in May 1993. This seeks to provide basic infrastructure and facilities in areas which have a large population of educationally backward minorities and which do not have adequate provision for elementary and secondary education. Under the scheme, 100 per cent financial assistance to State Governments and voluntary organisations (through State Governments) is given for establishment of new primary/upper primary schools and residential higher secondary schools for girls; strengthening of educational infrastructure in existing schools; and opening of multi-stream residential higher secondary schools for girls, where Science, Commerce, humanities and vocational courses are taught. The scheme covers 325 blocks and four districts (of Assam) spread over 13 States and three UTs.
942. Modernization of Madrasa Education: This scheme has been devised to provide financial support to madrasas to introduce subjects like Science, Mathematics, Social Studies and languages in their curriculum. The scheme is implemented through State/UT Governments and has been expanded recently.
Box 7.13: Lok Jumbish in Rajasthan
The Lok Jumbish Project was launched in1992 with the main objective
of achieving education for all (EFA) by the year 2000 through mobilisation and
active
participation of people in the development of education in rural areas.
The project is being funded by Swedish International Development
Agency (SIDA),
GOI and Government of Rajasthan. It completed its first phase in 1996. The main
objective of LJP is to achieve universalisation
of primary education, that would
include (i) universal access and participation in primary education of all
children up to the age
of 14 years, (ii) universal retention in school till they
complete the full cycle of primary education, and (iii) universal achievement
of
at least the minimum levels of learning (MLL) laid down for the primary stage of
education.
|
Source: Girl Child Week in Rajasthan (acquired from UNICEF)
Box 7.14: Girl Child Week in Rajasthan
In Rajasthan, the Girl Child Week (20–26 September, 1999) was
celebrated with gaiety. Different types of programmes, activities
and events
marked the Girl Child Week, which was observed all over the State. The animated
character of Meena triumphed over the
odds to give many children, especially
girls, courage, confidence and hope. This was made possible largely due to the
efforts of
various NGOs, the Gender Cell of the Rajasthan State Women’s
Commission, the District Women's Development Authority (DWCD),
the Government of
Rajasthan and the Department of Social Welfare, with the support of UNICEF,
Rajasthan.
Objectives:
The efforts made during the week by different organisations in Rajasthan
were aimed at:
Spreading awareness about issues concerning the girl child;
Motivating grassroot workers, parents, guardians, family members and the
community to redress gender-based inequities;
Encouraging girls to be educated, confident and self–reliant;
Sensitising various Government officials and other functionaries about
child rights, with a specific focus on issues related to the
girl child;
and
Making the girl child feel important.
The diverse nature of events and activities organised in different parts of
the State by the different organizations reflected their
creative and innovative
orientation, as well as their grasp of the local situation.
|
Source: Girl Child Week in Rajasthan (acquired from UNICEF)
943. Incentive for teaching/study of Urdu: The scheme
provides for appointment of Urdu teachers and incentive for teaching/learning of
Urdu and to augment educational facilities
for girls.
944. Education of
Scheduled Castes and Scheduled Tribes: Pursuant to NPE, the following
special provisions for SCs and STs have been incorporated in the existing scheme
of the Department
of Education.
Children with special needs83
947. The findings of several surveys indicate that the achievement levels of disabled children in general are at par with those of non-disabled children. Among the disabled children, the orthopaedically handicapped performed the best, followed by the visually and hearing impaired. Mentally retarded children performed well below the average of other disabled children. However, the progress has been relatively slow. The scheme of Integrated Education for Disabled Children (IEDC) was started with the objective of providing educational opportunities to children with disabilities under general school system as to facilitate the inclusion. Under the scheme, 100 per cent financial assistance is provided to States or NGOs. The IEDC scheme has provisions for early childhood education and support, aids and appliances for disabled children, escort allowance, transport allowance and teacher training, etc. One of the important features is the setting up of resource rooms to support and enrich integration, as well among resource teachers. The IEDC scheme is presently being implemented in 27 States and UT through over 15,000 schools benefiting more than 65,000 disabled children. Two polytechnics for disabled students have been set up at Mysore and Kanpur. The Government proposes to make further efforts to generate awareness in the community, about the need to send children with disabilities to regular schools. According to NCERT (1998), the largest number of such teachers is in primary schools. However, it is important to note that the share of NGO effort is remarkably high. In recent years, State Governments are reported to be discontinuing this provision, mainly because of the unclear olicy position on the creation of a cadre.
Box 7.15: Stipend to children belonging to vimukat
jatis (other than backward
classes / Denotified Tribes) The objective of the scheme is to provide financial assistance to students
of denotified tribes and thus, motivate them to attend
schools. An enhancement
in the budget provisions and expenditure over the scheme has been
notified.
|
Source: Punjab State Report, Government of Punjab
948. To cite an example, in Gujarat, according to NGOs, a few schools in Ahmedabad (Vishwa Bharati and Sharada Mandir) as a policy, admit physically disabled children into their school. Some of them have a provision of a resource teacher to help these children. In addition, recent efforts in the direction of integrating challenged children into the mainstream are gaining ground. Grants are available to children on an annual basis for purchase of educational materials, uniforms, prosthetic aids, etc. The Government is taking the help of various NGOs in the coordination, monitoring and supervision of the integration of activities.
949. The Ministry of Social Justice and Empowerment funds NGOs to work for the education and rehabilitation of the disabled and to provide aids and appliances to the physically handicapped. It is important to note the role NGOs have played in formulating policies, providing support to Government efforts and in initiating action. There are more than 2,456 voluntary organizations in the disability area and 1,200 special schools, 450 of which received grants from the Government towards their operational costs. The majority of them are autonomous. Some notable NGOs are Sanjivini, Amar Jyoti Rehabilitation and Research Centre, the National Association for the Blind, the Blind Persons Association, the All-India Federation of the Deaf, the Federation for the Welfare of the Mentally Retarded, the Spastic Society of India and Tamanna. Besides national NGOs, many international NGOs are also operating in India. These include the Christottel Blindermission, Sight Savers and Action Aid.
950. Although educational programmes
are reported to be running for children in some jails, they have not been able
to fulfil the
requirements of children from different age groups. By way of
recreational facilities, only playgrounds were available in jails.
Since the
playgrounds can be utilised by only grown-up children, there is clearly a need
to provide different types of recreational
programmes, which can cater to the
recreational needs of children of different age groups.
951. The mother
prisoners have mixed perceptions regarding the health care, educational,
recreational and other programmes for their
children. While most of them
expressed their unhappiness regarding health care, recreational and other
facilities (religious) for
the children, they were generally satisfied with the
educational programmes. Despite their dissatisfaction in certain areas, most
mother prisoners are inclined to believe that these programmes are beneficial to
their children.84
952. Non-formal education, at the conceptual
level, attempts to weave the intent, content, pedagogy and evaluation of
education around
the children as they are in their specificity. Getting out of
prescribed formats and regulations with respect to educational management
is in
fact a response to the oft-quoted statement: “If I cannot learn the way
you teach why can’t you teach the way I
learn.” Attempts at evolving
curriculum, teaching practices, self-learning materials and monitoring the
progress in this flexible
mode have been successful in smaller pockets through
NGO efforts all over the country.85
953. There are two essential
aspects to any successful programme—innovation and the large-scale
delivery of services. The first
requires a climate of flexibility in
implementation which prevails only in voluntary schemes. The second requires the
kind of clout,
in terms of finance and political will, that only the Government
can command. Both the systems have strengths and weaknesses. The
achievement of
UEE demands the strengths of both modes of operation. Some interesting models of
Government–NGO collaboration
in educational management have emerged in the
past decade.
954. Some Governmental and non-governmental interventions are
detailed below.
955. In pursuance of the directive under article 45 of the Constitution, the NPE of 1986 envisages a large and systematic programme of NFE as an integral component of the strategy to achieve UEE. It caters to children who remain out of the formal education system due to various socio-economic constraints.86
956. The scheme has been in operation since 1979–80 and focuses on children in the age group of 6–14 years. It lays emphasis on organisation, flexibility, and relevance of curriculum and diversity of learning activity to suit the needs of learners. The scheme primarily covers the educationally backward States of Andhra Pradesh, Arunachal Pradesh, Bihar, Assam, Jammu & Kashmir, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh and West Bengal. It also covers urban slums, and hilly, desert and tribal areas, as well as areas with a concentration of working children in other States. Special emphasis is laid on girls, working children, and those belonging to SCs and STs.
957. Central assistance is provided to the States/UTs and voluntary agencies in the following pattern;
958. At present, there are
297,000 NFE centres, covering about 7.42 million children in 24 States
and UTs. The performance of the
scheme has been reviewed, inter alia, by
twoParliamentary Standing Committees, one on human resource development and the
second on
the problem of dropouts. It has also been evaluated by the Planning
Commission, and on the basis of the recommendations, action has
been initiated
to revise the scheme.88
959. The revised scheme, to be called the
Scheme of Alternative and Innovative Education, will be more flexible and more
pro-active.
Its salient features are as follows:
Alternative schooling system
960. In order to overcome the shortcomings of the NFE system and at the same time, avoid the rigidity of formal schooling, some alternative measure was sought. This arrangement, called the Alternate Schooling Programme (ASP), falls under DPEP and is largely based on the guidelines provided in POA of NPE, 1992.
Box 7.16: EFA in Mizoram: The dynamics of
success
Mizoram through its efforts has given sufficient indication that it shares
the expanded vision, proclaimed at Jomtien, Thailand, in
1990. The rights of
every child have been recognised. The State through its sustained expansion
programme has almost succeeded
in providing universal access to basic education.
Various central schemes have been implemented. The overall impact of
Governmental
effort on the system is difficult to assess. But there are certain
indicators of progress. The gap between male and female literacy
rates has been
bridged. With 95 per cent female literacy against 96 per cent male literacy,
the gap is as good as non-existent.
There has been considerable improvement in
the functional space of schools and in teacher-pupil ratio.
Adult illiteracy rate has been sufficiently reduced mainly through the
collaborative efforts of Government and the community. Mizoram
has a vast
reservoir of public goodwill and energy. It has, in fact, a legacy of public
participation. The literacy movement, initiated
by the missionaries, was given
momentum by young people who had the baptism of learning. The involvement of
social organisations
like YMA and MHIP in education-for-all in recent years is a
sufficient indication of the presence of a virtuous circle. Within a
span of 100
years, Mizoram has achieved much. What is missing is the pursuit of excellence.
The State is slowly trying to address
itself to the task of qualitative
improvement. What is needed is a thorough assessment of the ongoing programmes
and a follow-up
plan of action for improving the internal efficiency of the
school system, establishing linkage with other developmental agencies
for a
coordinated programme of skill development of youth and adults and forging a
partnership with community organisations for effective
management of the formal
and non-formal system of education.
The ethnic turmoil that is almost tearing apart the rest of the
North-eastern region does not disturb the social fabric of Mizo society.
The
resilience of the society has succeeded in removing the scars of the 1960s
insurgency movement. Mizoram has given peace a chance
for the last decade and a
half. Yesterday’s rebels are today’s helmsmen. Mizoram is the
recent recipient of the ‘Peace
Bonus.’ Central attention to the
economic needs of the State is increasingly becoming noticeable. There is a
greater mobility
of people both within and outside the State. Rural economy is
slowly looking up. Dissemination media keep people informed of developmental
programmes. Information highway has reached urban centres. A synergetic action
shall give the much needed boost to the State’s
efforts at providing EFA.
The State’s success in adult literacy movement, in particular, owes
substantially to the combined
efforts of the community and the State.
|
Source : Year 2000 Assessment: Education For All, EFA in Mizoram, The Dynamics of Success, MHRD, NIEPA, page 32
961. The various strategies adopted under ASP in different States can be broadly classified according to the following six categories of children that they address:
962. The ASP:
963. In DPEP, approximately 1.47 million children
have been covered under different types of alternative schools. There are 38,500
alternative schools of different types. In addition, more than 16,000 summer
schools were organized and these mainstreamed around
0.45 million children
through bridge courses in Andhra Pradesh.
964. Concrete steps have been
taken to ensure the quality of primary education in alternative schools. These
include increasing the
daily school hours and the duration of the programmes,
ensuring that the schools function for a minimum of 250 days in a year, making
matriculation the minimum qualification for teachers, and strengthening the
training and academic support system for teachers. There
is an effort to give
special attention to the training of teachers as education activists who can
work with the community for UPE.
The thrust is towards improving quality;
however, much more needs to be done to reach the desired level. The proposal to
revamp the
existing NFE scheme as the 'Scheme for Alternative and Experimental
Schooling' would help strengthen the initiatives taken up under
DPEP and some
other projects for providing alternative schooling to out-of-school
children.90
965. Some examples of alternative schooling are given
below.
Box 7.17: Multi-grade school based on the Rishi Valley
model, Uttar Pradesh
Multi-grade schools serve children of small habitations, which either do
not have a school or are located at a distance from the nearest
formal school.
These have been designed with support from the Rishi Valley Education Society.
At present these schools are designed
for classes I and II.
The rationale behind setting up these schools was to provide a multi-grade
school with a single teacher in the remote habitations
of Sonebhadra and
Lakshmipur Kheri, where the number of children is more than 25–30.
These schools have been started in January 1999. There are 59 schools in
the two districts of Sonebhadra and Lakshmipur Kheri, covering
551 boys and 548
girls, of which 125 children are from tribal communities.
These are single teacher schools with a maximum of 30 children. The school
runs for four hours daily for 300 days in a year. One formal
school at the
cluster level has been developed into a model school, and 10 of these multigrade
schools are linked to it, as satellite
schools. The school is generally located
in the house of the teacher who is a local person, or sometimes in the house of
another
villager. In some cases, it is housed in a temporary structure with a
thatched roof, set up by the community. The community provides
the space, the
construction material and the labour to construct the temporary structure. Uttar
Pradesh would be expanding this scheme
in the coming years.
|
Source: Every Child in School and Every Child Learning, DPEP, page
3
Planning and monitoring unit
966. Educational planning and timely monitoring of Plan outlays and actual expenditure as per the monthly targets fixed is an important activity of this unit. Additional requirements of funds were projected in the Mid-term Appraisal (MTA) of the Ninth Five-Year Plan to achieve:
967. The unit monitored the targets related to UEE and adult literacy, which are contained in the 20-point programme. Annual action plans for the Department of Education were prepared and submitted to the Parliamentary Standing Committee. The unit also liaised with various divisions of the HRD Ministry, Planning Commission, Ministry of Finance, and the Prime Minister’s Office on all matters relating to Plan schemes.92
Community mobilization in education
968. The
73rd and 74th Constitutional Amendments have further
empowered PRIs to make a positive contribution to the development of education
at the grass-roots
level. VECs will be actively involved in the School
Improvement Programme (SIP). The PRI will be empowered to serve as a nucleus
in
programme implementation. NGOs will be encouraged to supplement Governmental
efforts, while the growth of the private sector will
also be facilitated,
particularly in higher and technical education.93 Recent trends
in community participation indicate a greater thrust on empowerment of the
communities. Mobilizing the communities
to take responsibility to ensure quality
education for the child is the core strategy of several innovative initiatives
in elementary
education, including DPEP, SKP and the Bihar Education Project
(BEP). Genuine community involvement is the key to the success of
LJP and SKP in
Rajasthan.
969. DPEP is making useful investments in the orientation and
training of VEC members. An important role of VECs is to mobilise resources
for
maintenance, repair and construction of school buildings. VECs also help in
determining the school calendar and school timings
in consultation with the
local community. LJP had a positive effect in empowering the locally elected
people, especially women at
the village level, who are often active members of
the LJ core group and the Mahila Samooh (women’s groups). SKP has
constituted VECs in 2000 villages to promote community involvement in primary
education and encourage
villagelevel planning.94
970. India is among the founding members of UNESCO. The fortification of the ‘defences of the peace of minds of men’, which is the primary goal of UNESCO, can be fulfilled only through education. The UNESCO Division is the coordinating agency for all UNESCO activities in the country. It is housed in the Department of Secondary Education and Higher Education, MHRD
Box 7.18: Sixth All India Educational Survey
(AIES)
Sixth AIES, a joint project of NCERT and NIC was conducted with reference
date as 30 September 1993, with the twin objectives of providing
data for
educational planning and to create a uniform school database. Data was collected
on eight schedules, and about 600 statistical
reports/tables were generated,
both at national, State and district levels.
|
Source: Annual Report 1999–2000, Department of Education, MHRD, GOI, page 62
971. The Indian National Commission for Cooperation with UNESCO (INCCU), set up in 1949, is the apex advisory, executive, liaison, information and coordination body at the national level. It has been playing a very active role in UNESCO’s work. It also coordinates work related to external academic relations, international cooperation and the Auroville Foundation.95
B. Aims of Education
Introduction
972. India is described as the world’s longest
continuing civilization. It is a multicultural, multi lingual society with a
perennial undercurrent of essential unity. It is a geographically diverse
country inhabited by people of various, religions and races.
Indian culture is a
living process, assimilating various strands of thought and lifestyle. The
process has created a rich collage
exemplifying “unity in diversity and
diversity in unity”.
973. In this setting, today, it is widely accepted
that education, adequate in quality and scale, is the most powerful instrument
for achieving social cohesion. Some of the important national goals that
education has been addressing are: secularism, democracy,
equality, liberty,
fraternity, justice, national integration and patriotism. Education is also
expected to develop in the child a
respect for human rights as well as duties.
The weaker sections, including Scheduled Castes, Scheduled Tribes, women,
children with
disabilities, minorities and children in special circumstances,
can no longer remain underprivileged. Education must contribute to
their
upliftment and empowerment.
974. An important feature of educational
development in India during the past several decades has been the sustained
effort to evolve
a national system of education. Soon after Independence, the
Secondary Education Commission (1951–53) was set up by the GOI,
and it
gave several recommendations for improving the quality of school education. In
1964–66, the Education Commission was
set up, which brought out a more
comprehensive document on education, covering all stages and aspects of
education. This was a major
landmark in the history of the modern education
system in India. Several recommendations of this Commission formed the basis for
the National Policy on Education (NPE), 1968. NPE, 1968, envisaged “a
radical transformation of the education system to relate
it more closely to the
lives of the people, provide expanded educational opportunities, initiate a
sustained intensive effort to
raise the quality of education at all stages,
emphasise the development of science and technology and cultivate moral and
social
values”. Consequently, NPE, 1986, modified in 1992, stressed the
need for evolving a national curriculum framework and the
minimum levels of
learning (MLL) for each stage of education. For the first time, a detailed
strategy of implementation accompanied
by assignment of specific
responsibilities and financial and organisational support was brought out in the
form of the Programme
of Action (POA), 1992.
975. However, India’s goal
of universal elementary education (UEE) is still faced with major
challenges—expanding access,
arresting dropouts, raising learning
achievements to an acceptable level of quality, and reducing gaps in educational
outcomes across
States and among groups. It is the nation’s endeavour to
reach the all-important threshold of educational attainment where
benefits are
optimal and high economic growth rates can be sustained.1
976. The Directive Principles contained in article 45 of the Constitution enjoin that “the State shall endeavour to provide, within a period of 10 years from the commencement of the Constitution, free and compulsory education for all children until they complete the age of 14 years”. This broadly corresponds to the provisions relating to primary education in article 26 of the Universal Declaration of Human Rights. By virtue of a recent Supreme Court ruling, a Constitutional amendment to make education free and compulsory is on the anvil. It is pertinent here to mention that 14 States and four Union Territories (UTs) have already passed compulsory education acts.2
977. The task of establishing and directing educational institutions has attained greater significance in the wake of the 73rd and 74th Amendments of the Constitution. With these amendments, it is now possible to set up educational programmes of all kinds at the municipalities, nagar palikas (urban local government) and panchayats (rural local government). Besides, each panchayat may constitute a village education committee (VEC) which would be responsible for the administration of the delegated programmes in the field of education at the village level. The main responsibility of VECs could be operationalization of the micro-level planning and school-mapping in the village through systematic house-to-house survey and periodic discussion with parents. 3
978. The Government has given a commitment to provide six per cent of GDP for education and to earmark 50 per cent of it for primary education. The MLL programme aims to improve the standards of learning. Several States have launched a number of activities, including revision of textbooks, changes of curriculum and teaching methodologies, as well as content of teacher training.
979. India’s freedom movement was built around a unifying theme that had several principles underlying it, such as non-violence, empowerment of women, removal of untouchability, promotion of religious harmony, spreading of peace and tolerance and many other principles based on the brotherhood and dignity of human beings. National Policy of Education is guided by these views. The policy, while encompassing all aspects of education, is equally sensitive to the cultural values and international aspects of education. While spelling out the need for a cultural perspective for basic education, NPE stresses the need to bridge the schism between the formal system of education and India’s ancient and varied cultural traditions. The NPE strategy evolved from the realization that to universalize elementary education, the needs of the teacher and the learners must guide all action. Management of education is being conceptualized as a partnership between the Government, the teaching profession and the local community. While the education system is made responsible to the local community, it is simultaneously becoming the responsibility of the community to ensure that all children between the ages of 6–14 years attend school. Realizing that mere enrolment of children is an insufficient condition to achieve literacy, an integrated programme of enrolment, retention and achievement of MLL is being aimed at.
980. The NPE and POA emphasize decentralized planning and management of elementary education. Direct community involvement is encouraged through the formation of VECs for management of elementary education. Villagers have also been involved in the designing of a non-formal education (NFE) programme which ensures a minimum of eight years of learning for every child at his or her own pace.
Concerns of education4
981. Despite more than half a century of Independence, India is struggling for freedom from various kinds of biases and imbalances such as rural/urban, rich/poor, and differences on the basis of caste, religion, ideology and gender. Education can play a very significant role in minimising and finally eliminating these differences.
982. Towards this end, some concerns of the education system in India are:
Box 7.19: Total Literacy Campaigns
One of the most successful endeavours of NPE has been the series of Total
Literacy Campaigns (TLCs). The campaigns were launched in
1990 with the goal of
creating 100 million neo-literates by 1999. Out of the total 588 districts
in the country, 559 districts have
been covered by NLM. The continuing education
programme has been initiated in 95 districts; post-literacy programmes are
continuing
in 292 districts; while total literacy campaigns are on in 172
districts. More than one crore twenty lakh volunteers from all walks
of life
have been associated with the literacy programmes, making it the largest
voluntary movement since the freedom struggle.
|
Source: Annual Report, 2000-2001, Department of Elementary Education and Literacy, Department of Secondary and Higher Education, Ministry of Human Resource Development, GOI
Value education5
983. The Indian
effort in value education can be seen from three different trends, namely,
policy perspectives in value education,
value education activities and the
recent initiatives. Value education has been the hallmark of ancient Indian
education in the Gurukula (traditional schooling) system, as well as in
the ancient Indian universities. Post–Independence development was
significantly
guided by the spirit and values of the national freedom movement.
India's struggle for freedom under the leadership and moral influence
of Mahatma
Gandhi was guided by a set of values like non-violence, truth, peace and right
moral conduct.
984. The earliest report on education in Independent
India—the University Education Commission (1948–49), presided over
by Dr Sarvepalli Radhakrishnan, an eminent scholar and philosopher who later
became the Indian President—recommended the inclusion
of spiritual
education in the curriculum. Religious and moral education also found a
significant place in the recommendations of
the Secondary Education Commission
(1952–53). The seeds of value education contained in the Secondary
Education Commission
were later elaborated in the report by the Sree Prakash
Committee (1959). The report of the Education Commission
(1964–66)—the
most comprehensive report on education—has had
the greatest impact on Indian educational development. The report stressed on
value orientation in education and emphasised moral education, role of education
in social responsibility, non-violence, peace, truth
and compassion.
985. The concept of value orientation of education consistently found a
prominent place in the Five-Year Plans of India. The NPE,
1986, came out openly
for the inculcation of common cultural heritage, egalitarianism, democracy,
gender equality, environmental
protection and inculcation of scientific temper.
In addition, the Policy also stressed on focusing on internal values and on the
combating role of education in eliminating religious fanaticism,
superstitions, etc.
986. The recommendations of various committees and
commissions on education and the national policies on education, have been
reflected
in the national curriculum frameworks developed in 1975, 1988 and
1999. The draft Curriculum Framework, 1999, recommends more persuasive
value
orientation in education. In a multi-religious country such as India, it makes
forthright recommendations in keeping with the
Indian tradition and philosophy
of sarva dharma samabhava (equality of all religions).
987. Value
education has been, directly or indirectly, part of the school and college
curriculum. For example, education on fundamental
rights and duties is part of
the school curriculum and textbooks. These fundamental duties and rights
prescribe, among others, promotion
of harmony and spirit of common brotherhood,
protection and improvement of the natural environment, development of scientific
temper
and humanism, and striving towards excellence.
Activities commonly undertaken to contribute to the inculcation of values are:
988. An activity known as 'Promoting Experiential Value Education
Among Children' was initiated in October 1999, with the objectives
of
experiencing living together, appreciating the richness and variety of cultures,
natural environment and natural resources in
different parts of the country,
appreciating the inter dependence of people and developing values like
patriotism, cooperation, tolerance,
etc. Value education has also been designed
to be supported by relevant teacher education programmes.
989. Along with
these value orientation activities, there have been some interesting
documentation and literature on value education.
Besides the reports of
commissions and committees on education, NCERT brought out a publication in
1992, entitled Education in Values—Source Book, CBSE, in
collaboration with Bhartiya Vidya Bhawan, designed curricular material on
value education in 1997. Such print material is also strongly supported by the
electronic media.
The programmes in educational television focus on identifying
values, reinforcing value education in schools and colleges through
curricular
materials like textbooks and supplementary reading materials. The programmes
broadcast by Doordarshan and All India Radio
focus on values like compassion,
democracy, peace, human rights, environment, etc. The programmes also include
specific input on
gender equality, children's rights, religious
tolerance, etc.
990. There has been a spurt in initiatives and
activities in value education in recent years. The Standing Committee of the
Parliament
on HRD, in its report of 1999, laid stress on universal human values
of truth, right conduct, peace, love and concern for the environment.
A
Committee of Experts on Value Education was formed in August 1999, in the MHRD.
Subsequently, a division has been created on education
in human values in the
Ministry. This division has taken a large number of steps that have had
far-reaching consequences and effects
on value education at all levels in the
country.
991. NCERT has identified 3000 NGOs and other State organisations
for networking in the area of value education. An extensive annotated
bibliography on value education in India is being brought out by NCERT. The
first volume is being edited for publication. It will
include mention of
journals, articles, other published research materials and audio-video materials
in the area. NCERT has brought
out a journal exclusively on value education
entitled Journal of Value Education, which is a bi-annual publication. A
lecture series on "Education on Human Values" has been initiated. Supplementary
reading materials
have been prepared for children based on parables and stories
from religious texts. Two compilations have been brought out, based
on Jainism
and Sikhism.
992. The Indian Institute of Management, Lucknow, has set up a
centre for consciousness. The University Grants Commission (UGC) and
MHRD have
called upon universities to introduce courses in applied philosophy. An
exclusive web site on education for human values
is being set up.
993. The
spurt in activities in human values, cutting across all levels and types of
education, is indicative of a vigorous Indian
emphasis on value education.
National Curriculum Framework
994. NCERT initiated work on
developing a new curricular framework for the entire school education by
constituting a Curriculum Group
of its internal faculty members in 1999. The
Group developed a "National Curriculum Framework for School Education: A
Discussion Document", after consulting its faculty members and also after
studying relevant theoretical and research materials. The curriculum framework
reaffirms some of the major concerns raised in NPE, 1986, and the "National
Curriculum For Elementary and Secondary Education: A Framework, 1988". They
include issues related to language education and the medium of instruction, need
for a common school structure for all the
stages, the central issues of social
cohesion, secularism and national integration and their relevance to the entire
educational
process. The framework provides a fresh look at certain issues such
as MLL, value education, the use of ICT and the management and
accountability of
the system.
995. On the basis of years of observation and professional
analysis, certain other concerns have either been reformulated or addressed
some
what differently with a view to ensuring better policy implementation. These
include healthy, enjoyable and stress-free early
childhood care and education
(ECCE), sustenance and nurturance of talent for securing excellence and the
reduction of the curricular
load. The present framework also offers suggestions
or recommendations in keeping with the rapid changes all around, but well within
the spirit of the Policy. Integration of environmental education with languages,
mathematics and other activities in the first two
years of the primary stage,
integration of art education, health and physical education and work education
into the art and healthy
and productive living at the primary stage, education
about religions, integrated thematic approach to the teaching of social
sciences,
integration of science and technology, bringing mathematics closer to
life at the secondary level and so on, are some of the new
elements. Besides,
full trust in the teachers, and their empowerment and participation in the
planning, implementation and evaluation
of the curriculum and development of
curricular materials is being asserted for the first time.
996. Learning is concerned with improving the
quality of life and is thus linked with the individual physical being. UGC
provides
assistance to universities and colleges for running a three-year degree
course in physical education, health education and sports.
UGC is also the
implementing agency for the creation of sports infrastructure in universities
and colleges through the National Sports
Organisation. Assistance is provided
for the construction of gymnasiums, swimming pools,
basketball/volleyball/badminton/tennis courts,
athletic tracks and cricket
pitches. There are several programmes under the scheme of adventure sports for
university/college students.
997. Yoga, as a system to promote the integrated
development of body and mind, is viewed with special attention by NPE. Efforts
are
on to introduce yoga in all schools and teacher training
courses.
998. Based on the evaluation of the experimental programme of
introducing yoga in Kendriya Vidyalayas, a centrally sponsored scheme for
promotion of yoga in schools was launched in 1989. This scheme is being
implemented by the State
education departments, as well as yoga institutions of
repute.6
999. A landmark in the incorporation of
human rights education was the report of the Sikri Commission, set up in 1980.
The Commission’s
mandate was to recommend ways and means of promoting
education about human rights, international understanding, peace, disarmament
and its problems and international organizations. The Commission came up with
the plan of teaching human rights in schools, colleges
and universities, as well
as in adult and continuing education through a three-pronged approach. The first
was to teach the essentials
at all stages to all learners, initially in
school-level civics, and later as a component of foundation undergraduate
courses. The
second was the introduction of special courses at the
undergraduate and postgraduate levels in the faculties of political science
and
law. The third involved the teaching of human rights as a special field by
itself at the postgraduate levels.7
1000. In pursuance of
the United Nations General Assembly Resolution of 23 December 1994, declaring
1995–2004 as the United
Nations Decade for Human Rights Education, the
National Human Rights Commission (NHRC) held meetings with ministries to draw up
a
sectoral plan of action. A National Coordination Committee and working groups
have been set up under the aegis of the Ministry of
Home Affairs (MHA). The
National Coordination Committee, in its first meeting held on 12 January 1998,
decided that each ministry/department
would prepare its own plan of action and
submit it to MHA for the consideration of the Committee. MHA has set up a
Drafting Committee
with the prime objective of formulating a sustainable and
achievable action plan for spreading awareness on human rights through
efforts
at training, dissemination and information, with clearly spelled out time
frames.
1001. The Department of Education has created a cell to deal with
matters relating to human rights education, and a plan of action
to be observed
by the various organizations under the department has been drawn up. Various
activities in the field of human rights
have also been undertaken by
organizations such as NCERT, UGC, IGNOU, NBT, NLMA and IIAS–Shimla. These
are reviewed and monitored
from time to time. The Department of Education is
thus committed to strengthening human rights education programmes both in the
formal
and non-formal sectors of education.9
Box 7.20: Indigenous curriculum
The education system of a country has to be built on the firm ground of its
own philosophical, cultural and sociological tradition
and must respond to its
needs and aspirations. Indigenousness of the curriculum, therefore, is being
strongly recommended. The National
Curriculum Framework has, therefore, stressed
the need to get education rooted in the Indian reality and its composite
culture. The
awareness of India's rich intellectual and cultural heritage and of
her contributions to the world civilisation, along with those
of other
countries, is strongly urged. A profound sense of patriotism and nationalism
tempered with the spirit of Vasudhaiva Kutumbakam (the world is one
family) must also be infused into the students. At the same time; it also
stresses the value of being receptive
and open to all cultures and showing
tolerance and respect for others.8
|
Source: Quality Education in a Global Era, Country Paper: India, Ministry of Human Resource Development, Department of Secondary and Higher Education, GOI
Observance of the United Nations decade for human rights education and
other awareness campaigns
1002. The NHRC played a catalytic role in the drawing up of a National Plan of Action for observing the United Nations Decade for Human Rights Education (1995–2004). The GOI constituted a Coordination Committee under the chairmanship of the Union Home Secretary, comprising secretaries from the other concerned ministries and departments to draw up a national plan and monitor its implementation. A plan of action was drawn up, inter alia, for enhancing human rights education. The year-long programme was launched on Human Rights Day 10 December 1997, with a function organised by NHRC.10
1003. In order to promote an
understanding of human rights among students at various levels, NHRC has been
interacting with MHRD,
NCERT, NCTE and UGC. At the initiative of NHRC, the
Department of Education (MHRD) has set up a working group to oversee, monitor
and coordinate the programme for human rights education at the level of higher
education, as well as to consider matters relating
to international
collaboration in this field. In addition, UGC has also constituted a Standing
Committee on Human Rights to examine
proposals for conducting postgraduate
courses by the universities, and holding of seminars/workshops/symposia by
various universities,
colleges, etc. During the year, the UGC approved a number
of proposals submitted by the universities to introduce courses on human
rights
at different levels.11
1004. In Gujarat, school textbooks
(especially class I textbooks) were reviewed and revised in 1999 for
gender-related or other forms
of bias. The Government has been careful to review
material-development processes. For instance, under DPEP, there is a post of
gender
coordinator, who also looks at gender bias in educational
material.12
1005. Environmental concerns and awareness are becoming increasingly significant in the present industrial set-up, as well as in the context of growing service-oriented enterprises. In this connection, economically viable vocational activities should contribute to national development and must in no way lead to environmental degradation. Environmental education is being offered to vocational students at the higher secondary stage under the general foundation course—a compulsory component of all vocational courses. The main objectives of teaching environmental education to vocational students are to:
1006. The Ministry of Environment and Forests interacts actively with UGC, NCERT and MHRD for introducing and expanding environmental concepts, themes and issues in the curricula of schools and colleges. The Ministry’s two Centres of Excellence on Environmental Education are also fully involved in those activities of UGC, NCERT and MHRD that are related to formal environmental education.
1007. Subsequent to the adoption of the discussion paper on the ‘Revitalisation of Environment Education in School’ by the State Education Ministers’ Conference in October 1998, a concept paper was prepared by the Ministry in consultation with the Centre for Environmental Education (CEE), Ahmedabad, to operationalize the strategy for environment education outlined in the discussion paper. On the basis of the concept paper, Environment Education in the School System has been included as a sub-component under the World Bank-assisted Environmental Management Capacity-Building project, being implemented by the Ministry. Under phase–I of this sub-component, a study is being conducted by the Bharatiya Vidyapeeth Institute of Environmental Education and Research (BVIEER), Pune, to assess the status of the infusion of environmental content into the school curriculum and the effectiveness of its delivery. The study is expected to be completed by September 2000.
1008. As a part of this project, a National Consultation on Environmental Education was also organised during 10–12 January 2000 at the Centre for Environment Education (CEE), Ahmedabad, with the objective of discussing the strategy for environment education prepared by the Ministry. The Consultation, inaugurated by the Special Secretary of the Ministry, was attended by 150 officials from Central and State Government departments, and educationists. The strategy developed by the Ministry was discussed during the consultation, while components relating to strengthening the infusion of environmental components in the school curriculum and teacher training, as well as the use of non-formal methods through the involvement of NGOs, were agreed to unanimously by the participants. The introduction of environment as a separate and additional subject was not considered necessary. The view that emerged was that instead of introducing environment as a separate subject, it would be more effective if a separate space was created within the school curriculum during which the environmental concepts—infused in various subjects—could be focused upon and discussed. The strategy is being revised on the basis of these discussions.14
Non-formal environmental education and awareness
1009. Environmental education, awareness and training plays a significant role in encouraging and enhancing people’s participation in activities aimed at the conservation, protection and management of the environment, essential for sustainable development. The Ministry, therefore, accords priority to the promotion of non-formal environment education and creation of awareness among all sections of society through diverse activities, using traditional and modern media of communication.15
C. Leisure, Recreation and Cultural Activities
Article
31
1010. Imparting
knowledge about India’s rich cultural heritage to the younger generation
has been one of the core areas under
the national system of education. While
spelling out the need for a cultural perspective for basic education, NPE
stressed the need
to bridge the schism between the formal system of education
and India’s ancient and varied cultural traditions. The growing
concern
over the erosion of essential values and an increasing cynicism in society has
brought to focus the need for readjustments
in the curriculum, in order to make
education a forceful tool for the cultivation of social and moral values.
1011. In India’s culturally plural society, education is expected to
foster universal and eternal values, oriented towards unity
and integration of
our people. Such value education should help eliminate all negative
influences.1
1012. In India, apart from the formal training
in schools and various other cultural institutions, the rich heritage of the
country
has also been responsible for the value orientation of children. Secular
India is home to Hinduism, Islam, Christainity, Buddhism,
Jainism, and Sikhism,
among other religious traditions. To cite a few examples, Dussehra is a
time when children participate in various competitions, making dolls out of
waste materials and sharing the joy of creativity.
Deepawali or
Diwali, the most pan-Indian of all Hindu festivals, is a festival of
lights, symbolizing the victory of righteousness and the lifting of
spiritual
darkness. Ganesh Chaturthi is a festival in the honour of Lord Ganesha,
the elephant-headed son of Shiva. It was started by Chhatrapati Shivaji, the
great Maratha
ruler, to disseminate culture and nationalism. The festival was
given a new impetus by Bal Gangadhar Tilak, a freedom fighter, to
spread the
message of the freedom struggle and to defy the British who had banned public
assemblies. Similarly, Holi, the festival of colours, is celebrated all
over the country. Id is celebrated all over the country with great
enthusiasm, as is Christmas.
1013. The National Policy for Children,
1974, recognizes and ensures the right of the child to rest and leisure,
including play and
recreational activities.2 The Convention has
several articles which refer to the right of the child to experience and be
exposed to his or her own cultural
environment. This is considered an important
aspect of growth and development. However, it should be borne in mind that the
protection
of cultural rights has not placed any undue constraint on State
pro-action concerning a wide range of culturally justified but harmful
practices
such as child marriage, customary child prostitution or involvement of children
in religious rituals.3
1014. Though religious and ethnic
differences can sometimes cause disharmony in society, the Constitution of India
recognizes the important need to balance individual and community rights with
universal standards on human rights and, therefore,
links to the international
value system. The major feature of our Constitution is the specific provision
justifying affirmative action in the form of legislative and administrative
intervention, on behalf of
children in order to realize fundamental rights. The
Constitution thus provides a legal framework that links to the Convention and
balances the interests of realising a child’s cultural rights
and the
other rights in the Convention.
1015. One third of India’s
population is in the 15–35 years age group. The Department of Youth and
Sports Affairs, MHRD,
seeks to develop the personality of youth as also involve
them in various nation-building activities. It acts as a catalytic agent
for
other departments which deal with the welfare of young people.4
Similarly, the Department of Culture, Ministry of Tourism and Culture, is also
largely involved in the preservation, promotion and
dissemination of art and
culture. The aim of the Department is to develop ways and means by which basic
cultural and aesthetic values
and perceptions remain dynamic and active among
young people. It also undertakes activities for preservation, encouragement and
dissemination
of various manifestations of contemporary
creativity.5 The National School of Drama is an autonomous body
under the Department of Culture, Ministry of Tourism and Culture. The Sanskar
Rang Toli, formerly known as Theatre in Education (TIE) Company, under the
National School of Drama, was established on 16 October 1989, to
educate young
people between the ages of 8 and 17 years through the medium of theatre. To a
large extent, the Toli fulfils the provisions in article 31 (2) of the
CRC in as much as it encourages and trains children to participate in cultural
and
artistic activities. The activities also have recreational
value.6
1016. The Centre for Cultural Resources and Training
(CCRT) is another autonomous organization under the Department of Culture. The
CCRT organizes a variety of educational activities for children belonging to the
underprivileged sections of society and those in
non-formal schools run by NGOs
under its Extension and Community Feedback Programme. Institutions like the
National Centre for Performing
Arts (NCPA), Indira Gandhi National Centre of
Arts (IGNCA), INTACH, World Wide Fund–India (WWF India), etc., promote
cultural
activities, including environmental preservation among children. NCPA,
situated in Mumbai, has proved its credibility through 34
years of service to
the performing and allied arts. IGNCA provides a forum for dialogue among arts
from cultures and civilisation.
The WWF–India Conservation Education
Programme was started in 1969 primarily for the youth.7 The
Ministry of Forest and Environment also has taken the initiative to help
children in developing skills with regard to preserving
nature. They have set up
various nature clubs for children. These programmes of the Ministry are
discussed in detail later in the
article.8 The Government,
through various departments, establishes playgrounds, parks, stadiums,
zoological parks, science centres, etc., for
recreational purposes. The Bal
Bhavan Society is one such recreational centre with a membership of about
25,000 children in Delhi alone and has about 2,000 regional centres.
It has
initiated a number of creative and innovative programmes and its activities
range from clay modelling and painting to theatre.
1017. Most schools in
India set aside a few hours weekly for recreational activities such as games,
arts and drama. Apart from this,
schools have long holidays ranging from
10–15 days for celebration of festivals. At the end of each academic
session, the school
closes for about one or two months.9 The
Sports Authority of India (SAI), which is a successor organisation to the
Special Organising Committee (SOC) for the IX Asian
Games, held in Delhi in
1982, was set up in 1984 by the GOI with the objective of maintaining and
utilizing the stadia created/renovated
for the 1982 Asian Games and to spot and
nurture talented children under different sports promotion schemes to achieve
excellence
at the national and international levels.10 One of
the schemes of SAI introduces the concept of ‘stay, play and study’
in the same school. This scheme is designed
to select physically fit children in
the 8–12 years age-group and groom them scientifically in SAI-adopted
schools. Selection
to the scheme is based on a battery of tests to identify
children endowed with good motor qualities and physical growth, having future
potential for excellence, subject to age verification and mental fitness. The
selected trainees are given scientific training in
one of the 10 identified
Olympic disciplines of athletics, badminton, basketball, football, gymnastics,
hockey, swimming, table tennis,
volleyball and wrestling. The number of trainees
to be admitted in each discipline is based on team requirement and optimum
utilisation
of available infrastructure. In order to tap rural youth, there is a
scheme for the adoption of akharas. Under this scheme, talented boys
under 14 years of age, are adopted by SAI under the NSTC scheme and a stipend is
given towards
diet and school expenses. Under this new concept for wider
coverage of trainees, 26 new schools and 11 new Akharas were adopted
without increase in the financial outlay during 1999–2000.
1018. The
Training Centres Scheme of SAI came about as the result of a decision by the
governing body of SAI in May 1995, to merge
the Sports Hostel Scheme and the
Sports Project Development Area into a consolidated scheme. Each training centre
caters to three-four
disciplines. Selection is based on a battery of tests and
on merit for those who have secured positions at the district, State and
national competitions. The Training Centres Scheme forms a natural corollary to
the sub-junior scheme of SAI by including trainees
in the age group of
1421 years. These trainees are then assessed in their chosen disciplines
and finally selected to undergo in-house
training at various SAI centres where
sports facilities, equipment, and services of qualified teachers are available,
along with
scientific backup. During 1999–2000, 2373 trainees
(including non-residential trainees) were trained at 41 SAI centres, as
against
1760 trainees during 1998–99. During the year, the number of girl
trainees increased from 177 to 389. The 17 sports
disciplines taught at these
centres are athletics, archery, basketball, badminton, boxing, cycling,
football, gymnastics, hockey,
handball, judo, swimming, kabaddi,
volleyball, wrestling, weightlifting, canoeing, kayaking and
rowing.
1019. The Nehru Yuva Kendra Sangathan (NYKS) is an
autonomous organization of the Department of Sports and Youth Affairs, with its
offices in nearly all the districts of India.
NYKS is the largest grass-roots
level apolitical organization in the world, catering to the needs of more than
eight million non-student
rural youth in the age-group of 15–35
years, enrolled through 181,000 village-based youth clubs.11
They undertake various sports promotion programmes to promote sports culture and
a spirit of sportsmanship. NYKS also aims at popularising
rural sports and
games, which require minimum infrastructure, equipment and finance. The
objective was achieved through the organisation
of 1,143 tournaments during
1999–2000, in which 279,421 youth participated. The cultural
initiative undertaken by NYKS seeks
to promote and encourage local folk art and
culture of rural India, and through them to convey important social messages.
Activities
such as nukkad nataks, skits, one-act plays, folk dances, folk
songs, puppetry, etc., are organized. During 1999–2000, NYKS organized 625
cultural
programmes, in which 259,606 youth participated. It also organizes
various camps and training workshops like blood donation camps
and training
workshops for disaster management. Before the organisation of any national or
international day or week, a workshop/seminar
is organised so as to let the
rural youth know the philosophy, spirit, history and importance of a particular
day/week as well as
how effectively the messages behind it can be disseminated
among the masses. During 19992000, NYKS organised 161 programmes, in which
8,560
youth participated.
1020. The Council for Culture, Education, Research and
Training, Department of Culture, organises a variety of educational activities
for children belonging to underprivileged sections of society and those in
non-formal schools run by NGOs under its Extension and
Community Feedback
Programme. The activities are:
1021. The activities mentioned above aim at:
1022. Council for Culture, Education, Research and Training sends artists
and craft experts to schools/community for activities such
as clay modelling,
pottery, cane work, bookbinding, tie-and-dye, paper toy making and wall
decoration. These activities are conducted
with the help of locally available
low-cost material, which is provided by the Centre free of cost. The Centre is
organizing leisure,
recreation and cultural activities for children from
rural/urban areas and slum colonies of Delhi. All these activities are linked
with education and aimed at checking the dropout rates in non-formal schools run
by NGOs. While developing such programmes, the right
to leisure, recreation and
education is taken into account, and activities are targeted towards the
achievement of rights recognized
by the Convention. Twenty per cent of the
total overall budget allocated for community and extension service programmes is
spent
on the activities related to article 31.
1023. The Sanskar Rang
Toli has become one of the important educational resource centres for
children in the country and consists of a group of actor-teachers
working with
and performing for children on a regular basis. The activities of the
Toli are:
1024. The Ministry of Environment and Forests
interacts actively with NCERT and MHRD for introducing and expanding
environmental concepts,
themes and issues in the curricula of schools and
colleges. The two Centres of Excellence on Environmental Education are also
fully
involved in those activities of UGC, NCERT and MHRD that are related to
formal environmental education. Environment education in
the school system has
been included as a sub-component under the World Bank-assisted Environmental
Management Capacity-Building project,
being implemented by the Ministry. Under
phase-I of this sub-component, a study is being conducted by BVIEER, Pune, to
assess the
status of the infusion of environmental content into the school
curriculum and the effectiveness of its delivery. As a part of this
project, a
National Consultation on Environmental Education was also organized during
10–12 January 2000, at CEE, Ahmedabad,
with the objective of discussing
the strategy prepared by the Ministry. Strengthening environmental components
in the school curriculum
and teacher training, as well as the use of non-formal
methods through the involvement of NGOs, were agreed to unanimously by the
participants. The experts present decided to incorporate environmental education
within the existing curriculum of the schools and
colleges in order to increase
its effectiveness.
1025. The WWF-India Conservation Education programme was
started in 1969. Aimed primarily at the country’s youth, WWF–India
has a network of about 700 Nature Clubs across the country with a membership of
about 20,000 schoolchildren. The Nature Clubs encourage
young members to
undertake voluntary work in awareness-building, tree-planting, running campaigns
against wildlife trade and conducting
conservation activities. Besides Nature
Clubs, the members attend nature camps in some of India’s finest
wilderness areas.
WWF-India has introduced a National Programme for Teacher
Training Workshops with support from WWF-International. These workshops
are
organized to discuss the possibility of linking environmental approaches to
existing school curricula, devising and conducting
activities in the field, and
the use of street theatre and other folk and art forms for promoting environment
education (EE). WWF-India
has been involved in designing and developing EE
centres. It has designed a captive breeding centre for the endangered Kashmir
stag
in its home State—Jammu & Kashmir. The Conservation Corps
Volunteers Programme has created a cadre of dedicated young volunteers
who
undergo intensive training with NGOs to gain experience in resource
management.13
1026. The IGNCA is visualized as a centre
encompassing the study and experience of all the arts—each form with its
own integrity,
yet within a dimension of mutual inter dependence, inter related
with nature, social structure and cosmology. Through a diverse programme
of
research, publication, training, creative activities and performance, IGNCA
seeks to place the arts within the context of the
natural environment. The
fundamental approach of the Centre-in all its work-is inter disciplinary and
multidisciplinary. The principle
aims and objectives of NCPA are:
1027. The Ministry of Sports and Youth Affairs also has some schemes to provide proper sports infrastructure to children. These schemes are discussed below.
Grants for creation of sports infrastructure
1028. Grants are given to State Governments, UT administrations, local statutory bodies such as municipalities, municipal corporations/notified area committees/cantonment boards and registered voluntary organisations active in the field of sports. Grants can be availed of to develop playing fields, and construct indoor/outdoor stadia/facilities, swimming pools, water and winter sports infrastructure, shooting ranges and additional facilities in existing sports projects. In addition, State/UT Governments are also assisted in the construction of district/State-level sports complexes. Financial assistance is rendered, subject to the cost being shared between the Union Government and the sponsoring agencies/State Government concerned in the ratio of 75:25 in case of special category States, hilly/tribal areas, and 50:50 in other cases. Kendriya Vidyalaya Sangathan (KVS)/Navodaya Vidyalaya Samiti/State/UT administration are also eligible to avail of assistance of up to Rs 5 lakh for construction and improvement of sports facilities in their schools.
1029. Secondary/senior secondary schools in rural areas with suitably sized playing fields and a regular appointed physical education teacher are given a grant of up to Rs 150,000 for development of playgrounds and/or purchase of consumable/nonconsumable sports equipment. There is no matching contribution required against this grant either from the State/UT Government or the school. Only one school per year per block, and not exceeding two schools per block during a Plan period, will be provided assistance under the scheme. Schools in hilly areas are also made eligible for grant towards fencing a playground.
1030. Doordarshan’s high priority to programmes on education is reflected in its school telecasts which started from Delhi in 1961. As a part of the SITE Continuity, programmes for schoolchildren were started in 1982. Programmes today are telecast in regional segments from Delhi and Chennai and programmes produced by State Institutes of Education (SIE) are telecast in Hindi, Marathi, Gujarati, Oriya and Telegu for relay by all transmitters in a particular language zone. Separate chunks have been earmarked for programmes for secondary schools on the national network. These programmes are produced by CIETs. The telecast of a programme titled Tarang for children from Doordarshan (DD–I) continued during the year under report. The current telecast included 473 programme capsules and 92 continuities. A weekly audio programme, Umang, was broadcast throughout the year from 10 All-India Radio Stations, viz., Allahabad, Lucknow, Jaipur, Jodhpur, Bhopal, Indore, Patna, Rohtak, Shimla and Delhi. Eighty-five educational television programmes, covering a wide range of subjects for students and teachers, were scripted and produced. Besides, 29 educational video-spots of short duration were conceived, planned and produced. A series of 10 audio programmes “Rang Ras Barse” were also produced to teach sargam of different ragaas. Under the series Land and People, two films titled Abode of Gods (with its Hindi version Dev Bhoomi) and Land of Warriors (with its Hindi version Veer Bhoomi) were produced.
1031. Eighty-five ETV programmes were scripted and produced during 1998–99, covering a wide range of school subjects like science, mathematics, language, social sciences and fine arts for children and teachers. These included Exploring the Universe—a series of 11 programmes, in collaboration with IUCCA, Pune; programmes on agriculture and animal husbandry, low-cost teaching aids with LJP, Jaipur, and programmes on performing arts such as Kathak Parichay, involving eminent danseuse Uma Sharma. Amongst the 29 educational short-duration video-spots, four were on parental motivation. Some ETV spots also dealt with subtle Constitutional provisions like Fundamental Duties.
1032. The
Department of Culture implements a number of schemes intended to provide
monetary assistance to individuals, groups and
voluntary organizations engaged
in promoting a particular art form and/or to sustain cultural activities in the
country. The contribution
of the Department of Culture in giving financial
assistance to young individuals who wish to pursue the arts as a profession has
been immense. Scholarships are provided to the young in the field of art, and
are later followed by junior and senior fellowships.
An evaluation of this
scheme has shown that many prominent artists have been recipients of these
scholarships in their youth, and
at a later stage, of fellowships offered by the
Department of Culture.16 During 1998–99, the Department
enhanced the number of fellowships and scholarships by almost 50 per
cent.
1033. Also, the activities covered under these schemes range from
salary grants, production grants and scholarships to pensions. Grants
are given
for performing arts, tribal and folk art, research on various aspects of Indian
culture, Buddhist and Tibetan studies and
the cultural heritage of the
Himalayas. Funds are also provided for centenary celebrations of important
personalities, as well as
for setting up of national memorials. For
strengthening infrastructure in the States, funds are provided for setting up
multi-purpose
cultural complexes, and for strengthening regional and local
museums.
1034. In Gujarat, the State organizes inter state camps, inter- and
intra state level sporting activities, dance festivals, picnics
and tours,
celebration of national and local festivals and other forms of cultural
activities.17 But the NGOs in Gujarat feel that in urban areas,
there is a dearth of space for play, especially outdoor play. In rural areas,
where
this problem does not exist, there is a paucity of play equipment and
material.
1035. Likewise, in the state of Punjab the initiatives taken
are:18
1036. The Government of Punjab also:
1037. With, physical education being part of
the school curriculum, sports and games in Kerala have made remarkable progress
and the
State is a frontrunner in this field. In order to identify talent, the
Kerala Sports Council has been implementing innovative programmes.
The Sports
Council also organizes Kerala Games every year at district, as well as at State
level, which has produced good results.
The State Institute of Children’s
Literature has also inspired young people to participate in cultural and social
activities.19
1038. In the North-Eastern State of Manipur,
with respect to the child’s right to leisure and recreation, the
Department of
Social Welfare is seeking to run the existing Bal Bhavan
along the lines of the Convention. Various steps are being taken to promote
an atmosphere of freedom, spontaneity and creativity,
and the Bhavan has
various sections, including those for:
1039. Besides this, the Bal Bhavan organizes a number of
competitions and camps every year. As of now, there are about 2,000 students
enrolled and since 1995, six children
have received the National Bal Shree
Award in various fields like creative writing, creative arts, creative
performance and innovative science.20
1040. The Don Bosco
Ashalayam, an NGO in West Bengal, while implementing a project for these
street and destitute children, includes activities:
1041. Youth for Youth, a movement started in
early 1990s, encourages better-off youth to work for the more needy youth. The
movement
organizes various street and railway station contact meetings, where
basic literacy programmes, medicine and recreational facilities
are offered. The
children of Ashalayam invite children who stay on the streets to their
“House of Hope”. Educational programmes (awareness of drugs,
health issues, etc.,) games and sports, dramatics, singing and dancing, films
and good
food are organized with a view of making the children experience love
and affection and eventually lead them away from the
streets.21
1042. Total budget allocation for the Department
of Sports and Youth Affairs for 1999–2000 was
Rs 2,200.09 million. For the
year 2000–2001, the total budget
allocation is Rs 2,600 million.
SECTION VIII
SPECIAL PROTECTION MEASURES
(Arts. 22, 38, 39, 40, 37(b)-(d), 32-36)
A. Children in Situation of Emergency
1. Refugee
Children
Introduction
1043. India has been subject to a periodic influx of
refugees over the last few decades, from countries as diverse as Afghanistan,
Iran, Iraq, Burma, Bangladesh, Somalia, Sudan, Sri Lanka and Tibet. Ethnic and
religious similarities of some refugee groups with
Indians means that India is a
feasible direction in which to move, not only in terms of geographical proximity
but also in terms
of cultural affinity.1
1044. The situation
of refugees in India generally depends upon the extent of protection they
receive from either the Indian Government
or the United Nations High Commission
for Refugees (UNHCR). Certain categories of refugees are recognized by the
Indian Government
and are entitled to rehabilitative measures by the Government
whereas certain categories not recognized by the Government are taken
care of by
UNHCR in Delhi.2
1045. Although India is not a signatory to
the 1951 Convention on the Status of Refugees and its 1967 Protocol, India has
had one
of the best records of treatment of refugees. India has been more
liberal than most States in practice, by according special facilities
for
education, shelter and food for the refugees, thus fulfilling the provisions of
the 1951 Convention and the 1967 Protocol.3
1046. The legal framework
dealing with refugee-related issues is contained in the relevant provisions of
the Indian Constitution, related domestic legislation and regulations dealing
with citizenship, naturalization and foreigners, such as the Foreigners Act,
1946 and obligations assumed by India under various international human rights
instruments and a series of judicial pronouncements.
1047. The Constitution
of India contains provisions on the status of international law in India.
Leading among them is article 51 (c), which states that:
“The State
[India] shall endeavour to foster respect for international law and treaty
obligations in the dealings of organised
peoples with one
another.”
1048. Additionally, the Constitution of India seeks to
protect aliens, except enemy aliens, under articles 14, 20(1), (2) and (3), 21,
22, 25(1), 27, and 28(3). In all
these provisions of the Constitution the
guarantee is extended to all persons, including “refugees”, a fact
that has also been acknowledged by courts in India.
1049. India also deals
with the question of admission of refugees and their stay until they are
officially accorded refugee status,
under legislations which deal with
foreigners who voluntarily leave their homes in normal circumstances.
1050. As far as international standards are concerned, India has ratified
the following:
1051. All these
conventions impose legally binding obligations on States Parties regarding the
rights of people under their jurisdiction.
Provisions which can be specifically
applied to refugees include article 12, paragraph 2 of the ICCPR, which states
that “everyone
shall be free to leave any country, including his
own”, as well as article 13, which refers to expulsion of aliens only
being
permitted after a decision has been reached according to law. Relevant
articles from the CRC include articles 3, 22, 37 and 28. CEDAW
includes relevant
provisions in article 1.
1052. Regarding the status of the refugee
child in India, the countries is a party to the 1989 United Nations Convention
of the Rights
of the Child, wherein article 22 clearly provides for a more
specific obligation to determine the refugee status of a child, based
on
international or domestic law. However, India has not formulated legislation to
meet this obligation. The refugee child in India,
therefore, will be subject to
India’s current approach to all refugees in general within its
constitutional framework. 4
1053. The chief legislation for
the regulation of foreigners is the Foreigners Act, 1946, which deals with the
matter of “entry
of foreigners in India, their presence therein and their
departure therefrom”. Paragraph 3(1) of the Foreigners Order, 1948
(10)
lays down the power to grant or refuse permission to a foreigner to enter India,
in the following terms:
“No foreigner shall enter India—
Refugee categories
1054. The situation of
refugees in India generally depends upon the extent of protection they receive
from either the Indian Government
or UNHCR. Refugees can broadly be said to
fall into the following categories:
1055. Refugees who receive full
protection according to standards set by the Government of India (GOI). Though
India has not ratified
the 1951 United Nations Convention on the Status of
Refugees and its 1967 protocol, it provides shelter to over 300,000 refugees
from neighbouring countries. Tamil refugees from Sri Lanka and Tibetan refugees
fall in this category.
1056. Tamil refugees live in different camps and are
given small monthly stipends and food rations such as rice, sugar and kerosene
by the Government of Tamil Nadu. Currently, it is estimated that there are about
160,000 Sri Lankan Tamil refugees in India.5 About
68,6296 of these refugees, live in more than 130-plus refugee
camps, in Tamil Nadu and about 30,000 live outside these camps in cities and
towns across Tamil Nadu7. Children are entitled to education, medical
assistance, hut maintenance, and basic amenities that have been made available
to all
refugees.
1057. As per available information, at present there are about 93,100 Tibetan refugees in India. Of these, 68,639 refugees have been resettled with Government assistance and self-employment under agriculture and handicraft schemes. Schemes for re-settlement of the remaining refugees are at various stages of implementation in different States. The rehabilitation is being achieved through schemes of the GOI and by the relief agencies under the Tibetan Administration in India.8
Box 8.1: Home away from home
As many as 60 per cent of the Tibetans now in India were born here. For
Yang Chen, a teenager, India is the only home that she has
known. Yet her heart
is in Tibet, the land of her ancestors and her parents, who fled Tibet to settle
in India with the Dalai Lama
41 years ago. She has never seen her homeland
and is apprehensive how she will adjust there once Tibet is free, yet, she
believes
that she will return and settle down there. Her father, Gyurmey, who is
also the pradhan (chief) of Delhi’s largest Tibetan settlement,
with about 300 families in the Majnu-ka-Tilla area, is thankful for all that
the
Indian Government has done for him and his fellow Tibetans. But, in his heart
India remains his temporary home and he feels confident
that his daughter will
settle down well in Tibet when they return. In his words “ that is our
home.”
|
Source: The Hindu, 30 July 2000.
1058. At the request of His
Holiness the Dalai Lama, the GOI responded generously by setting up the Tibetan
Schools Society (renamed
the Central Tibetan Schools Administration or CTSA) to
manage institutions for the education of Tibetan refugee children. A host
of
organizations and individuals, both local and international, also provided
assistance. The Department of Education (DoE, formerly
known as the Council for
Tibetan Education) of the Central Tibetan Administration, was established in
1960 to oversee the education
and care of Tibetan refugee children. In addition,
there was a pressing need to set up alternative homes for the many orphans and
displaced children, where they would be provided with modern education, while
being raised in a family atmosphere which maintained
Tibetan religion, culture
and traditions. Hence, the establishment of the Tibetan Children’s Village
(TCV) and the Tibetan
Homes Foundation (THF). 9
1059. In
addition to the refugees under the care of the GOI, there are about 20,800
Category II refugees, including Afghan and Burmese
refugees as on January 1,
1996. Their presence in India is acknowledged and protected under the principle
of non-refoulement by the
United Nations High Commissioner for
Refugees.10
1060. There are also refugees who have entered
India and have been assimilated into their communities. Their presence is not
acknowledged
by either the Indian Government or UNHCR.
1061. An estimated
157,000 persons of various ethnicities were displaced in several States in
North-East India. Once sparsely populated,
the population of this region has
swelled in recent decades with the arrival of millions of ethnic Bengali Hindus
and Muslims from
Bangladesh and the neighbouring State of West Bengal.
1062. As many as 350,000 Kashmiris, mostly Hindu Pandits, have been
displaced since 1990 as a result of the long-standing conflict
in Kashmir. Some
250,000 were living in or near the city of Jammu, both in camps for the
displaced and in their own homes; an estimated
100,000 other displaced Kashmiris
were living elsewhere in India, many in the New Delhi area.11
1063. The Office UNHCR, New Delhi, in collaboration with the Indian Chapter of SAARCLAW, hosted a round-table workshop titled “National Legislation on Refugees” on 30 April 1999 which considered priorities for the future.12
1064. As per information available, the GOI’s major efforts pursuant to Article 22 have been to set up refugee camps for immediate relief and subsequently to arrange for voluntary repatriation to home countries. States like Tamil Nadu have taken steps to encourage refugees to voluntarily opt for repatriation. Similarly, refugee camps have been set up to provide relief to children in areas affected by terrorism, particularly Jammu and Kashmir, along with State-level NGOs. This apart, an SOS Children’s Village, which has been functioning in Jammu and Kashmir, is providing a family-like atmosphere to children who are victims of terrorism.
Rehabilitation in Kashmir
1065. The Central Government has consistently facilitated the State Government in reviving its administrative vigour, rebuilding the infrastructure and economy damaged by militancy, providing relief to affected people, stimulating further development based upon people’s participation and ensuring equitable provision of basic services and minimum needs. Some of the noteworthy efforts made in these directions are briefly stated below:-
Assistance from UNHCR
1066. Out
of approximately 200,000 refugees in India today, UNHCR is exercising its
mandate over 17,174 refugees mainly in the New
Delhi
area.14
1067. The assistance given by UNHCR cover the following
areas:
1068. UNHCR provides medical aid and health
care services through the outreach community centres set up at Saket, Defence
Colony and
Vikaspuri in New Delhi. UNHCR, in affiliation with the All India
Institute of Medical Sciences (AIIMS), Government-run hospitals
and the Public
Health Centre (PHC), provides medical aid to the refugees at its community
centres. Medical cards are issued at the
PHC to refugees requiring medical
assistance. At AIIMS, there exists a special refugee counter, complete with
interpreters.
1069. Refugee communities have tried to come-up with their own
alternatives to the services offered by UNHCR. The Burmese refugees
run their
own PHC, which is financially assisted by the Voluntary Health Association of
India (VHAI), which provides Rs 1,000 monthly,
and the Burmese Students
League, which pays the room-rent of Rs 750.
1070. UNHCR has been assisting vocationally
trained refugees and those refugees possessing skills to find employment for the
last
eleven years. However, UNHCR concedes that many skilled and trained
refugees are unable to obtain employment.
1071. UNHCR is of the view that
most refugee students find education in India very difficult and prefer
vocational training.
1072. Refugees can take-up vocational training in
tailoring, air ticketing, tourism, refrigeration and in the automobile industry
as mechanics, among others. UNHCR directs refugees to recognized vocational
training institutes, where they are permitted (by UNHCR)
to take-up only one
course, within a budget of Rs 2,000 during their entire stay in Delhi.
However, additional financial assistance
is provided in a few exceptional cases.
UNHCR offers courses in English language for the refugees, the duration being
six months.
1073. UNHCR recognizes that usually over half of any refugee population consists of children and in that an essential consideration is that refugee children have certain rights as children and certain additional rights as refugees. Thus, refugee children are entitled to special protection and assistance from UNHCR.
1074. The Office of UNHCR in New Delhi, under the Project CM 201, provides educational facilities at the primary and secondary levels. At present, there are 7,600 children who are beneficiaries at the primary and lower secondary level. UNHCR, on granting refugee status to the family, gives them information regarding schools located in their locality. Under the educational assistance scheme, each child at the primary level is entitled to a monthly allowance of Rs 175 for tuition fees, Rs 1,000 annually for other fees and a yearly allowance of Rs 1,000 for scholastic material. Students at the lower secondary level receive a monthly tuition fee of Rs 225, Rs 1,000 for admission and Rs 1,000 for scholastic material. UNHCR phased out assistance for higher secondary education in 1992 due to lack of credible students.
Box 8.2: Profile of UNHCR refugees
About 51per cent of UNHCR-registered refugees are in the productive
age-group of 18 to 59 years and of these nearly 55 per cent are
women. The
second largest group, i.e. about 41 per cent falls in the age-group of five to
17 years. Of the remaining, nearly five
per cent are below four years
and about 46 per cent of these are females. The remaining four per cent are
60 years of age and above.
More than 52 per cent of all refugees are
females and 1339 households are headed by women comprising 5,486 persons.
|
Source: Proceedings of Roundtable Workshop titled “National Legislation on Refugees” on 30 April 1999
1075. Educational
assistance at the primary and secondary level are made available under UNHCR
general programmes. At higher levels,
assistance is given through the UNHCR
Refugee Education Account. UNHCR also cooperates with UNESCO and with other
governmental and
non-governmental organizations in several countries to provide
educational assistance. Language courses are organised and offered
free of cost
to refugees by UNHCR, as well as by the Government in several countries.
However, there are no schemes or grants that
encourage young refugees to go in
for higher studies.
1076. Counselling services have been recognised as important for refugees and are to be provided under various UNHCR programmes in order to help refugees solve their problems, as well as help them to avail of facilities that may be open to them. Special welfare programmes for divided families, women and children have been laid down by UNHCR. Included in the vulnerable groups, identified by UNHCR as requiring special assistance and protection, are refugee women, children, the disabled and abuse victims. An important function of UNHCR is also the reunification of families. Guidelines laid down for refugee women and children have been elaborated.15
1077. Declaration of the
current decade as the International Decade for Natural Disaster Reduction
(IDNDR) by the United Nations has
helped substantially in giving more thrust to
disaster preparedness and mitigation by the disaster managers in the
country.
1078. During this decade, India has faced many major natural
disasters. These include cyclones in Orissa (1999), Andhra Pradesh (1990
and
1996) and Gujarat (1998), earthquakes in Uttarkashi (1991), Latur (1993),
Jabalpur (1997) and Gujarat (2001).
1079. Understandably, these natural disasters cause untold misery and displacement of population with particular hardship for women and children. State and Central Governments take immediate measures to provide relief to the people through temporary shelter, health care, creches, and emergency food. United Nations, international and donor agencies and NGOs assist government in relief operations.
1080. The following assistance has been provided to the Government of Gujarat under the schemes of the Department of Women and Child Development (DWCD) for the rehabilitation of women and children affected by the earthquake in Gujarat16:
2. Children in Armed Conflicts
Including Physical and Psychological Recovery and Social Reintegration
Introduction
1081. CRC amplifies other international instruments by
providing a special obligation on the part of governments to respect the rights
of children in situations of armed conflict.
1082. While India is not in a
situation of armed conflict, there are major instances of terrorism, both
cross-border and internal,
and children are the unwitting victims of such
strife.
1083. Article 51 A of the Constitution
states: “It shall be the duty of every citizen of India to defend the
country and render national service when called upon
to do so.” However,
there is currently no compulsory recruitment in India.
1084. The age of
recruitment in the army is from 16 to 25 years. Persons who are recruited
at the age of 16 years undergo basic military
training for up to two and a
half years from the date of enrolment and are then inducted into regular
service.
1085. A situation of internal disturbance also exists in the
North-east of India in the States of Nagaland, Manipur, Tripura and Assam.
This
sometimes disrupts normal life and interferes with children’s access to
education, health and other basic services often
creating fear and psychological
problems.
1086. Punjab has at least a few thousand children
affected by the trauma of the decade-long violence in the state. They have
either
been orphaned or their families have lost the breadwinner.
1087. Efforts have been made to provide some educational facilities and
opportunities of rehabilitation to child victims. Some of
these efforts
are:
1088. According to a study sponsored by UNICEF, New Delhi, it was found that victims of violence (children and women) have also been provided with relief and rehabilitated by various agencies such as religious organizations, NGOs and panchayats, besides the State.
1089. All pro-State victims and most of the other affected survivors have been provided with monetary compensation and pension. Ninety-six per cent have been provided with opportunities for employment, and educational scholarships have also been provided to children.2
1090. Some key priorities of the Indian Government in emergency situations, including armed conflict, include:
1. The Administration of Juvenile Justice
Introduction
1091. Juvenile Justice is commonly understood as a notion of fairness and justice and also an alternative system of dealing with children through laws. The idea of fairness concerning children is the fundamental ideological premise of Juvenile Justice, which ensures that the mental and physical incapabilities of a child are taken into account. Fairness and justice not only demand children’s that liability ought to be diminished but also ordain that they must be subject to protective and restorative measures as are most conducive to their reintegration into society.1
1092. In a landmark step, the GOI has repealed the Juvenile Justice Act, 1986, and introduced the Juvenile Justice (Care and Protection of Children) Act, 2000 that has come into force from 1 April, 2001. This chapter outlines the provisions of the Juvenile justice Act, 1986, the background to and process leading to the Juvenile Justice (Care and Protection of Children) Act, 2000, and its main features.
1093. “Delinquency” signifies deviant behaviour, a behaviour pattern that violates institutional expectations, i.e., expectations that are shared and recognised as legitimate within a social system. The word “delinquency” has been preferred for use, with respect to children, while excluding the use of word “crime”, “criminal” and “offence” from the purview. The object is to view the “problem child” from a broader perspective of social behaviour that the child encounters with legal intervention but with a liberal, welfare-oriented approach.
1094. There has been unanimity of opinion in the usage of the word “delinquency” on account of the following:
1095. Juveniles resort to delinquency often because of social factors. They are children for whom life is full of drudgery, abuse and exploitation. In most cases they are victims before they become perpetrators, and hence get entangled in a vicious cycle. They are forced to become deviants due to factors such as poverty and lack of a normal home life.2
Administration of juvenile justice
1096. The Ministry of
Social Justice and Empowerment has been responsible for the implementation and
administration of the Juvenile
Justice Act, 1986 which has since been replaced
by the Juvenile Justice (Care and Protection of Children) Act, 2001 that has
come
into force from 1 April, 2001.
1097. The Juvenile Justice Act that came
on the Statute Book as the Juvenile Justice Act, 1986 (53 of 1986), could be
proclaimed as
the first all-India child welfare enactment seeking to promote
“the best interests of juveniles” by incorporating into
its folds
not only some of the major provisions and clauses of the Indian Constitution and
National Policy for Children but also universally agreed principles and
standards for the protection of juveniles such as the
Convention on the Rights
of the Child and the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Objective
No VII of the JJA and Article 3 of
CRC).3
Box 8.3: Juvenile Justice Act, 1986: key points
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|
– The Act was designed for the care, protection, development and
rehabilitation of the neglected and delinquent juvenile.
– It aimed to provide a uniform legal framework of justice across the
country.
– The Act dealt with “neglected” and
“delinquent” children differently.
– The Act covered children up to 16 years (boys) and
18 years (girls) of age.
– A neglected delinquent child arrested could be sent to a police
station or jail but might be kept in an observation home,
a place of safety or
with parents or guardians.
|
– If found that an offence been committed, and if
institutionalisation was chosen, children were to be placed in a
juvenile/special
home.
– Inquiry in relation to delinquent children was conducted by those
magistrates who had special knowledge of child psychology
and welfare.
– Summons procedure followed, irrespective of whether the offence
committed was minor or most serious.
– The Act spelt out the machinery and infrastructure, including
juvenile welfare boards, juvenile courts observation, homes,
special and
after-care homes.
|
Source: A Report of the National Consultation on Juvenile Justice, Better Implementation of the Juvenile Justice System, 11-13 February 1999, Susan Matthews, page 37
1098. The relevant international instruments applicable,
besides the CRC itself, in the area of administration of juvenile Justice,
are
the United Nations Guidelines for the Prevention of Juvenile Delinquency
popularly known as the Riyadh Guidelines, United Nations
Rules for the
Protection of Juveniles Deprived of their Liberty, and the United Nations
Standard Minimum Rules for the Administration
of Juvenile Justice, or the
Beijing Rules (adopted by India in 1985). These contain the global consensus on
principles and standards
related to juvenile justice. One of the avowed
objectives of Juvenile Justice in fact, is to bring the operation of the
Juvenile
Justice system in the country in conformity with the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice.
1099. The
Beijing Rules recognized that children, “owing to their early stage of
human development require particular care and
assistance with regard to
physical, mental and social development and require legal protection in
conditions of peace, freedom, dignity
and
security”.4
1100. The Supreme Court of India said, in its
judgement in the case of Sheela Barse vs. Union of India [1986] INSC 159; (AIR 1986 SC 1773) that
”...instead of each State having its own Children’s Act,
different in procedure and content from the Children’s Act in other
States, it would be desirable if the Central Government initiates Parliamentary
legislation on the subject, so that there is complete
uniformity with regard to
the various provisions relating to children in the entire territory of the
country.” In the statement of objects and reasons appended to Bill No
103 of 1986 pertaining to the Act under consideration it was specifically
stated
that the above referred Act would replace the corresponding law on the subject
such as the Children Act, 1960, and other State
laws on the subject.
1101. A
general review of the working of the Juvenile Justice Act all over the country
discussed in the Report of the National Consultation
on Juvenile Justice
revealed that despite the formulation of rules by almost all the State/UTs under
Section 62 of the JJA, there
were still quite a few States/UTs which had yet to
constitute Juvenile Welfare Boards and Juvenile Courts, as required under
Section
4 and 5 of the Act; as a result, powers conferred on the board or the
courts continue to be exercised by the District Magistrate;
or the
Sub-divisional Magistrate; or any Metropolitan Magistrate or Judicial Magistrate
of the first class or as the class maybe.5
1102. According to the
Ministry of Social Justice and Empowerment, the major problems in the effective
implementation of Juvenile
Justice in the country lay with the allied systems,
such as:
1103. To overcome some of these known problems, the Ministry had initiated training for the allied systems and integrated child protection issues into the curriculum, besides liaising for better access to services. It had also constituted a national core group and was eliciting State Government support.
Box 8.4: Care and protection of children
|
|
Children are our priority areas. They are more vulnerable; they have less
power; they have, in most societies, less control over their
own lives. Some
children are more marginalised than others. The radical changes in India’s
political, socio-cultural and economic
environment have had their impact on
marginalised children. The immediate causes include:
– Abandonment and destitution.
– Breakdown of the family, leading to an increase in runaway street
children.
|
– Influence of the media on the child, which causes conflicts of
identify.
– Abuse and exploitation by unsociable elements, resulting in
addiction.
Such children need special care and protection. The programmes of Social
Defence Division focus on children in crisis situations,
such as street
children, children who have been abused, abandoned children, orphan, children in
conflict with the law, children affected
by conflict or disasters, etc.
|
Source: Annual Report, MSJ&E, 1999-2000.
1104. The other problems that clearly emerged in a general overview of the entire Juvenile Justice system in India were:
Box 8.5: Standard minimum rules for the administration of
the Juvenile
Justice Act, 1986 (Beijing Rules) |
|
Guidance to member states in developing measures to protect the human
rights of children in conflict with the law:
– Member states shall seek to further the well-being of juveniles and
their families and ensure their meaningful lives in the
community.
– Juvenile Justice shall be an integral part of the national
development process of each country.
– Age of criminal responsibility should not be too low.
|
– Reaction to juvenile offenders should be in proportion to the
offender’s age and the offence.
– Scope for discretionary power.
– Rights of juveniles, due process, and right to privacy to be
respected.
– Rules regarding investigations and prosecution.
– Guidance regarding semi-institutional arrangements.
|
Source: A Report of the National Consultation on Juvenile Justice, Better Implementation of the Juvenile Justice System, 11-13 February 1999, Susan Matthews, page 35
Box 8.6: Bal Sangopan Yojana
This Maharashtra-based scheme primarily aims at preventing
institutionalisation of children and promoting de-institutionalisation.
It
recognises the child’s right to a family and thus includes provision for
temporary or long-term care in a substitute family
for a planned period to
children who are orphans or whose parents are unable to care for them due to
severe family crisis, death,
desertion illness. The scheme applies to children
from 0-18 years. Eligibility criteria have been worked out for children,
foster
parents and NGOs. Foster parents receive a grant of Rs 250/- per
month per child. Any registered voluntary organisation with 3 years,
experience in the field of family welfare can implement the scheme. Implementing
NGO will receive Rs 50 per child.
|
Source: A Report of the National Consultation on Juvenile Source: Justice, Better Implementation of the Juvenile Justice System, 11-13 February 1999, Susan Matthews, page 72
1105. Whilst the Juvenile Justice Act, 1986 supposed to have separate procedures for responding to ”neglected” and “delinquent” children, the borders between the two groups become merged, as the inadequacies and discrimination in the system result in children generally being inappropriately dealt with as criminals. There prevails general ignorance about the legal methods and social correctional schemes in processing juvenile delinquents. Though the JJA speaks an integral approach, there exist many gaps in coordinating all the involved machineries. The police, the prosecutor, the defence counsel, the probation officer, the case-worker, the juvenile court, the observation home and special homes, often seem to function in isolation by simply discharging their individual functions. There are few occasions for a joint appraisal and meeting of all functionaries to reflect on their experience and knowledge, to understand what these juveniles go through. Juvenile Justice needs to be seen in a more holistic sense rather than the narrow concept it presently is. There is also fragmentation that arises on account of lack of coordination between the autonomous sub-system at the input, output and process stages.9
Box 8.7: Supreme Court on the age of juveniles
The Supreme Court has clarified a major ambiguity in the Juvenile Justice
Act, ruling that a regular court would try a juvenile if
he was arrested after
crossing the age of 16.
A bench comprising Mr Justice K. T. Thomas and Mr. Justice R. C. Lahoti was
of the view that the Act would be applicable if the “competent
authority
finds the person brought before it for the first time to be under 16 years
of age (18 in the case of a girl).”
“ The date of commission of offence is irrelevant for finding out
whether the person is a juvenile within the meaning of Section
2(H) of the
Act,’’ Mr. Justice Lahoti said, writing the judgment.
The court noted that “neither the definition of juvenile nor any
other provision contained in the Act specifically provides
the date by reference
to which the age of a boy or girl has to be determined so as to find out whether
he or she is a juvenile or
not.”
The court said, with illustration, that if a boy or a girl below 16 or
18 years of age, committed an offence, left the country and
neither
appeared nor was brought before the competent authority until he or she attained
the age of 50, juvenile authority would
become irrelevant.
Referring to the preamble of the Act, the bench said the legislature
intended it to be applicable “from a time when the juvenile
is available
to the law administration and justice delivery system; it does not make any
provision for a person involved in an offence
by reference to the date of its
commission by him.”
|
Source: Online edition of India’s national newspaper on indiaserver.com, Monday, 15 May 2000
1106. The National Consultation Meet
on the Juvenile Justice System and the Rights of the Child (21-22 January 1999)
organized by
the National Institute of Public Cooperation and Child Development
(NIPCCD) has made several recommendations on the above problems
and this is
being looked at by the relevant Ministry and Implementing
Authorities.
1107. Refresher-cum-Inservice Training Programme on Juvenile
Delinquency, was organised on 22-23 April and Training Course on Juvenile
Delinquency, on 3-4 and 20-21 May, 1999, for Superintendents and Deputy
Superintendents of Juvenile institutions (30). The collaborating
agency was
Butterflies, an NGO working for street children in Delhi.
Table 8.1: Number of Juvenile Homes in the
country
|
|
Observation homes
|
287
|
Juvenile homes
|
290
|
Special homes
|
35
|
After-care organisations
|
50
|
Total
|
662
|
Source: D.O. No. 5-3,2001-SD, Ministry of Social Justice & Empowerment.
1108. The Juvenile Justice (Care and Protection of Children) Act, 2000, replaces the existing Juvenile Justice Act, 1986. This law has a child-friendly approach and provides for proper care, protection and treatment and also for ultimate rehabilitation of children in need of care and protection. With the implementation of this new law, the objectives of treating children in the best possible manner and ensuring that they get their rightful place in society would be achieved. The following are the salient features introduced for the first time in this enactment:
Box 8.8: The Juvenile Justice (Care and Protection of
Children) Act, 2000
This is an Act to consolidate and amend the law relating to juveniles in
conflict with law, and children in need of care and protection,
by providing for
proper care, protection and treatment by catering to their development needs,
and by adopting a child-friendly approach
in the adjudication and disposition of
matters in the best interest of children and for their ultimate rehabilitation
through various
institutions established under this enactment.
Whereas the Constitution has in several provisions, including clause (93)
of Article 15, clause (e) and (f) of Article 39, Articles 45 and 47, imposed on
the State a primary responsibility of ensuring that all needs of children are
met and that their basic human rights are fully protected.
And Whereas, the General Assembly of the United Nations has adopted the
Convention on the rights of the Child on the20th November
1989;
And Whereas, the Convention on the Rights of the Child has prescribed a set
of standards to be adhered to by all State parties in
securing the best
interests of the child;
And Whereas, the Convention on the Rights of the Child emphasises social
reintegration of the child victims, to the extent possible,
without resorting to
judicial proceedings;
And Whereas, the GOI ratified the Convention on the 11th
February December 1992.
And Whereas, it is expedient to re-enact the existing law relating to
juveniles bearing in mind the standards prescribed in the Convention
of the
Rights of the Child, the United Nations Standards Minimum Rules for the
Administration of Juvenile Justice, 1985 (the Beijing
Rules), the United Nations
Rules for the Protection of Juveniles Deprived of their liberty (1990), and all
other relevant international
instruments.
|
Source: The Juvenile Justice (Care and Protection of Children) Act, 2000.
Box 8.9: National Consultation Meet on the Juvenile
Justice System and the Rights of the Child
Given the enormous potential of the CRC to stimulate changes in law and
practice in each country for improving the situation of children,
the National
Institute of Public Cooperation and Child Development thought it appropriate to
organise a National Consultation Meet
on the Juvenile Justice System and the
Rights of the Child on 21 and 22 January 1999.
The main objectives of the meet were to critically appraise the
constitutional provisions and legislation concerned with the Indian
juvenile
justice system vis-à-vis rights of the child; to evolve desirable
and appropriate and alternate measures for administration of the JJ system in
the country
in terms of investigation and prosecution, adjudication and
disposition and care, treatment and rehabilitation in protecting the
rights of
the child, and to develop appropriate linkages and coordination between he
formal system of JJ and voluntary agencies engaged
in the welfare and
development of neglected or socially maladjusted children, and thereby define
the areas of their responsibilities.
The meet was attended by 84 participants, including members of the NHRC,
Juvenile Welfare Boards, senior police officers, government
officials, subject
specialists and representatives of national and international
organisations.
Conclusively, it was proposed that the action recommendations be shared
with National Human Rights Commission, Ministry of Social
Justice and
Empowerment, voluntary organisations working in the filed and the Department of
Women and Child Development, so as to
carry forward the process.
|
Source: National Consultation Meet on the Juvenile Justice System and the Rights of the Child (21-22 January 1999), A Report, National Institute of Public Cooperation and Child Development (NIPCCD), page 1
Box 8.10: Training of police personnel in Madhya
Pradesh
UNICEF and the State Government made a welcome beginning in
Madhya Pradesh by organising seminars on JJA for police personnel all
levels at
zonal/range headquarters and at training institutions. UNICEF is putting in a
special effort to constitute teams of suitably
oriented police personnel by
organising courses on ‘training of trainers’ and then asking them in
turn to organise seminars/workshops
JJ at the local police station level.
The police administration at the police headquarters also
now alive to the situation and taking action to include JJ and its
administration
in the training programmes of the State Police Academy at Sagar
and other police training institutions.
|
Source: A Study of Implementation, JJA-1986 in Madhya Pradesh, sponsored by UNICEF MP State, 1998, prepared by V.P. Sahni, IPS, ADG Police [Retd.]
Box 8.11: Help reform juvenile delinquents
A two-day training programme was organised by the Directorate of Social
Defence, Chennai, to sensitise the police personnel on the
implementation of the
Juvenile Justice Act, 1986, at the Regional Institute of Correctional
Administration (RICA). Police personnel
in Tamil Nadu were called upon to adopt
a humanitarian approach while dealing with juvenile delinquents, in order to
facilitate correction
of their character.
|
Source: Online edition of India’s National Newspaper on indiaserver.com, Wednesday, 6 January 1999
Training of functionaries
1109. At present,
the GOI is providing training/sensitization programmes to Juvenile Justice
personnel such as judges, prosecutors,
lawyers, law enforcement officials,
immigration officers and social workers on the provision of the Convention and
other relevant
international instruments in the field of Juvenile Justice,
including the Beijing Rules, the Riyadh Guidelines and the United Nations
Rules
for the Protection of Juveniles deprived of their
Liberty.10
1110. The National Institute of Social Defence, a
subordinate Office of the Ministry of Social Justice and Empowerment, GOI has
allocated
a budget of Rs 2.5 millions for the year 2000-2001 to publicize
the provisions of the CRC11 .
Box 8.12: Conference on Juvenile Justice
A meeting with the Juvenile Justice Officers was convened at NALSAR,
University of Law, Barkatpura, Andhra Pradesh, on 5 December
2000. The meeting
was attended by the heads of Juvenile institutions in Hyderabad, as well as in
other parts of the State such as
Cuddhapah, Eluru and Vishakapatnam.
Some of the issues that were raised in the meeting were:
|
Source: Proceedings of the Meeting—Juvenile Justice Officers, Conference on Child Rights, UNICEF-NALSAR, 5 December 2000
Progress made
1111. Rules have been formulated by almost all the State Governments and Union Territory (UT) Governments under section 62 of the Juvenile Justice Act, 1986. Several States have set up their own JJ system as per the requirements of the Act. The Act of 1986 has been reviewed and revised to bring its provisions in conformity with the provisions of CRC. This exercise has been completed and a new Act titled “The Juvenile Justice (Care and Protection of Children Act, 2000” has been enacted by Parliament of India. This Act has come into force with effect from 1st April 2001. The child-oriented institutional mechanisms with Juvenile Welfare Boards, Child Welfare Committees and different types of Homes have to be set up under the new Act for implementing its provisions across the country. Several programmes are being carried out for the development, care and rehabilitation of neglected juveniles like street children in different states and cities of India. The above is being dealt in detail under the article “Physical and Psychological Recovery and Social Reintegration of the Child”.
1112. The Ministry has taken the initiative of establishing a Chair of Juvenile Justice at the National Law School of India University (NLISU), Bangalore. A grant of Rs 3 million was released to the NLISU for this purpose. The tasks of the Chair inter alia include constant review and revision of the Juvenile Justice Act, 1986.
Box 8.13: Key issues of concern
Some of the key issues of concern that emerged from the National
Consultation on Juvenile Justice organised between 11-13 February
1999
are:
– Definition of terms such as delinquency and neglect.
– Special needs and different situations of children in especially
difficult circumstances.
– Grave problems faced by children in conflict with law.
– Understanding the conceptual framework of JJA.
– Problems with the provisions and structure of the JJA.
– Problems with implementation of the Act.
a) Enforcement agencies such as the police.
b) Institutions–homes, boards, courts.
c) Poor implementation of procedures under the Act.
d) Lack of community participation and viable non-institutional measures
and alternatives such diversion.
e) Critique and challenge of the status reports of implementation by the
State Governments.
|
Source: A Report of the National Consultation on Juvenile Justice, Better Implementation of the Juvenile Justice System, 11-13 February 1999, Susan Matthews, page 47
Thrust areas for the future
113. Considering that the official
figures of juvenile delinquency since 1988 have shown an overall decrease in the
violent or serious
offences, it does not make sense to shift from a “care
philosophy” in India.12
1114. Special attention is being
given to tackle drug-abuse problems amongst socially and economically vulnerable
groups such like
street children, commercial sex workers, destitute women, etc.
A project on reducing risk behaviours and HIV/AIDS, STD and drug-abuse
among
street children has been undertaken by the Ministry of Social Justice and
Empowerment, United Nations Drug Control Programme,
UNICEF, WHO, NACO, and ODA.
City-level plans have been prepared for the cities of Bombay, Hyderabad,
Calcutta and Delhi and a National
Action Plan has been formulated.
Box 8.14: Recommendations
In the National Consultation Meet on the Juvenile Justice System and the
Rights of the Child (21-22 January, 1999)-A Report, National
Institute of Public
Cooperation and Child Development (NIPCCD), some of the recommendations that
were made were:
– Adequate importance should be given to the overall role of
probation in the juvenile justice system.
– The variety of dispositions as suggested in the Beijing Rules
should invariably be reflected in Section 16 and 21 of the JJA.
– There is need to constitute a committee in each State, consisting
of experts, government officials, representatives of NGOs
and persons from the
corporate sector of the following:
a) Chairpersons and Members of the Juvenile welfare boards.
b) Social workers for appointment to the child forum.
c) Identification of non-official visitors to observation, Juvenile and
special homes.
d) Selection of members to the advisory board.
– In consonance with Articles 5, 9 and 18 of the Convention, parents
and families, in fact, must be encouraged to shoulder the
responsibility of
their children and there was need to reflect this aspect of the JJA.
– A need to develop a consistent policy on the family along with the
parameters of State intervention and social and economic
support for the family
by the State.
– Adequate number of Juvenile welfare Boards, Juvenile Courts,
Observation Homes, Juvenile Homes, Special Homes, After-care
Organisations
should be set up in all States.
– Institutionalisation of the Juvenile to be taken up as the last
measure in the dispositional options with competent authority.
– There was an immediate need to professionalise the manpower
responsible for implementation of the Juvenile Justice System
in the Country in
conformity with the new trends in the field, which among other thing, implied
recruitment of professionally qualified
functionaries who were not specialists
in their own right but who were required to perform their roles and
responsibilities in a
scientific manner. Further, in order to keep them abreast
of the latest tools and techniques for correction and rehabilitation of
children
coming in conflict with the law, there was need to organise
sensitisation/training programmes for them. The meet advocated
sensitisation
programmes for all concerned—law makers, administrative authorities and
court personnel dealing with juvenile
cases.
– Training /sensitisation of the juvenile justice personnel should be
concerned with knowledge, skills, attitude and ethics.
The curriculum proposed
to be devised for the purpose should include a core and a differential
component.
– The meet recommended continuing education, preferably through
distance education techniques, for enlarging the knowledge base
and helping in
the networking of actors in the juvenile justice system.
– Need for a manual on juvenile justice for different personnel
involved in the administration of the JJA.
– Formulation of an apex body or a monitoring cell for monitoring the
system of administration of JJA.
– Involvement of voluntary organisations which responded to
children’s complaint about abuses and violations of their
rights in the
overall monitoring of the juvenile justice administration.
– The scope of Section 53 and 54 of the JJA should be enlarged so as
to include a wide range of people from society who could
be entrusted with the
overall role of monitoring the JJA. The Government must take the overall
responsibility of providing adequate
information about various provisions in the
JJA to the common man. There was need to prioritise and strengthen
non-institutional
methods such as adoption, foster care and sponsorship through
legal procedures so that placing a victim of abuse in an institution
was not
perceived as the only goal of protection.
– The recommended the following non-institutional approaches for
prevention of delinquency and intervention strategy:
– It was necessary to establish appropriate relationships
with community-based welfare organisations, so as to reduce the contact
of a
juvenile with the police.
Initiatives such as Childline should be strengthened.
|
Source: National Consultation Meet on the Juvenile Justice System and the
Rights of the Child (21-22 January, 1999) A Report, National
Institute of Public
Co-operation and Child Development (NIPCCD), pp. 45-49
Relevant
Data
Juvenile delinquency (SLL) under different crime
heads
1115. According to information available in Crime in India
1996, there has been a declining trend of juvenile offences as a
percentage of total Indian Penal Code (IPC) crimes since 1988. According
to a
report by National Law School, the economic factor was a major cause leading to
delinquent behaviour in juveniles. Of the total
juveniles who were involved in
various crimes, 80 per cent were either illiterate or had education upto primary
level.
1116. The Crime in India statistics reflect that juvenile
delinquents are associated mostly with all types of property offences defined in
the Indian Penal
Code and are largely intercepted for cheating, theft, robbery
and dacoity, reflecting economic criteria of causation.13
Table 8.2: States reporting high pendency level in
disposing of apprehended juveniles
|
|
State
|
% of Pendency Level
|
Himachal Pradesh
|
82.2
|
Goa
|
74.3
|
West Bengal
|
71.4
|
Kerela
|
70.5
|
NCT of Delhi
|
64.2
|
Rajasthan
|
63.5
|
Haryana
|
62.9
|
Source: National Consultation Meet on the Juvenile Justice System and the Rights of the Child (21-22 January 1999)-A Report, National Institute of Public Cooperation and Child Development (NIPCCD)
Table 8.3: Juveniles apprehended under IPC and SLL Crimes
1995 and 1996
|
|||||||
Year
|
7-12 years
|
12-16 years
|
16-18 years
|
Total
|
|||
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
|
1995
|
3377
|
18.0
|
12,043
|
63.9
|
3403
|
18.1
|
18,823
|
1996
|
3471
|
18.2
|
14,397
|
59.7
|
4230
|
22.1
|
22,098
|
Source: National Consultation Meet on the Juvenile Justice System and the Rights of the Child (21-22 January 1999)-A Report, National Institute of Public Cooperation and Child Development (NIPCCD)
Table 8.4: Juvenile delinquency (SLL) under different
crime heads during 1996 and % variation over 1995
|
|||
Crime head
|
No of cases reported
|
% change in 1996 over 1995
|
|
1995
|
1996
|
||
Prohibition Act
|
732
|
1282
|
75.1
|
Indian Railways Act
|
7
|
16
|
128.6
|
SC/ST (Prevention of Atrocities) Act
|
8
|
18
|
125.0
|
Immoral Trafficking (Prevention) Act
|
50
|
104
|
108.0
|
182
|
378
|
107.7
|
|
Gambling Act
|
240
|
363
|
51.3
|
Source: National Consultation Meet on the Juvenile Justice System and the
Rights of the Child (21-22 January 1999)-A Report, National
Institute of Public
Cooperation and Child Development (NIPCCD)
Street
Children
1117. The phenomenon of street children is an off-shoot of the complex interplay of various factors in India. The phenomenon seems to have acquired a gigantic dimension in the wake of rapid industrialization and urbanization. The large-scale presence of street children is a disease that is widespread due to an exploitative social structure, lopsided development and iniquitous resource ownership. Other parameters contributing to its presence in India are large-scale unemployment, rapid urbanization, fast population growth, extreme poverty, increasing disparities in wealth, high levels of child abuse by parents/society and a breakdown of traditional family and community structure. Human migrations from rural to urban areas have contributed significantly to a substantial increase in the number of street children. Migrants shift to cities in search of higher income and secure employment. However, they are able to secure jobs mostly in the unorganized or semi-organized, low-paid sector. Consequently, children are forced to live on the street and earn a livelihoods for themselves and also support their families.
Box 8.15: Street children in the metros of India: A case
study
Calcutta
The existing data estimate that the population of street children in
Calcutta exceeds 100,000 with girls making up 47% of this population
(Source:
Calcutta’s Invisible Children: Who Are They? Save the
Children Fund).
A Study conducted by the Institute of Psychological and Educational
Research (1992) suggests that only 10% of street children come
as runaways or
have been deserted by parents, A majority of these children were born in
Calcutta. Among the rest of the population,
while a few have migrated with their
families from adjacent townships, there are a number of migrants from across the
Bangladesh
border.
The street girls are an extremely vulnerable group. They are under high
risk of being lured into the sex trade or kidnapped Girls
living in slums or in
squatter colonies are in constant danger of being rape. Girls in the age-group
of 10 to 16 years are prone
to sexual abuse by adult men on the streets or
even by their fathers or brothers at home.
Mumbai
The population of street children in Mumbai is very high and poses a
significant and intense challenge to various development practitioners.
These
children can be categorised into three groups:
– Working children who live the street with their families.
– Children who live and seek shelter, food and a sense of belonging
among with each other on the streets. A majority have no
ties with families, the
minority still have remote ties.
– Children who have no contact at all with their families, including
orphans, runaways, and refugees.
In Mumbai, the percentage of boys varies from 65 to 83% of the street
children. An analysis of admissions to the Children’s
Aid Society between
1984 and 1988 shows that street children in Mumbai are mostly in the age-group
of ten years and above.
The majority of street children belong to the Muslim community. Almost 90%
of them work as self-employed rag-pickers, and 10% as hawkers,
shoe shine boys,
etc. Mumbai’s street children also turn to pick-pocketing and stealing. A
number of children often become
commercial sex workers. The remainder take to
hamali (hard physical labour such as carrying heavy loads) or begging.
One in every three street children puts in a 10 to 12 hour workday
and one in
every ten, a 13-hour workday.
These children seek shelter at night anywhere they can—at railway
stations, near temples, dargahs, in market places, etc. Only a minority
sleeps under a roof of any kind.
According to the NGO Sneh Sadan, the increase in the number of
younger children could be a direct result of an increasing number of slum
children taking to the streets
after their parents split up. The majority of
street children smoke, but drug addiction is one of the most pressing problems
facing
the street child.
Some sniff glue, three-fourth smoked charas, ganja and
bhang, many inhaled the intoxicating fumes of shoe polish, but it was
only the addiction of brown sugar that street children regarded as
serious and
wanted help for it.
The most frightening aspect of drug addiction on the streets in not how
these children manage to acquire drugs but that most of them
do not even regard
them as drugs.
The study found that street children live in constant dread of municipal
authorities and policemen. Under the JJA, street children
frequently find
themselves in remand homes under trial as delinquents. If they are able to state
where there parental home is, they
may be sent back there. It is important to
note that the majority of runaways tend to dodge the police, so the number of
children
coming to Mumbai annually would be much higher.
Delhi
It is difficult to get estimates of street children in Delhi. Panickar and
Nangia (1992) estimated the number of street children at
1 lakh. Most of them,
including the working children, are above 12 years of age (Source: The
Child- Friendly Capital: Plan of Action (1198-2202), December 1997,
Government of NCT, Delhi). UNICEF estimates that there are over 30 million
street children in the world
and 11 million are in India (CRY in Action, Who
was on my side?, Vol. 4, No. 1, 1998, Page 3). To this 11 million, the
contribution of Delhi, according to a conservative estimate would be about five
lakh. (PRAYAS Reflections We have a reason to smile:, 1998, Page 4). The
majority of street children are boys. Their number is almost twice that of girls
on the street. Street girls are not often visible
though far more vulnerable.
Seventy-five to 80% of street children in Delhi live with their families.
About 15% have little contact with their families, while
a small proportion have
no contact with their family.
Migrant and refugee children comprise the majority of street and working
children of Delhi. The have migrated with their families
from the Hindi-speaking
areas of UP, MP, Bihar, and Rajasthan. Some of these children have come across
the border (with or without
families) from Bangladesh, Tibet, Nepal, Pakistan
and Afghanistan. Most of them have set up camp at particular places while others
prefer to be part of the already existing slums or Jhuggi –Jhopri
clusters in the city or resort to pavements.
The sources of earnings of street children are as porters, vendors, shoe
shine boys, rag-pickers, causal workers or workers in sundry
jobs not requiring
skills. The earnings variy from Rs 25 per day to Rs 50 per
day.
Studies show that street children are mostly malnourished and are exposed
to dirt, smoke and other environmental hazards. They suffer
from chronic
diseases like asthma, TB and other respiratory or gastro-intestinal diseases,
They are neither covered under any health
camp or programmes or schemes (like
immunisation), nor do they have easy access to government or municipal hospitals
or health centres.
Most of them have had no schooling or are dropouts.
|
Source: All Child Rights for All Children, Situational Analysis of
Children of Calcutta, Save the Children Fund, 1 June to 31 August
’99
Street Children: Problems and Intervention, Tata Institute of Social
Sciences, Mumbai
The Child Friendly Capital: Plan of Action
(1198-2202), December 1997, Government of NCT, Delhi
Working and Street Children of Delhi, NLI, 1992
Box 8.16: Some NGO Initiatives
Don Bosco Ashalayam started working in Howrah, West Bengal, in 1985
with street and destitute children. Today, they have 17 homes sheltering
children
from 5 to 18 years. Don Bosco creates a family centre where
children are provided schooling or skills training in a home atmosphere.
There
is a savings account in the main home where children are taught how to save and
trade. In the morning, there is a craft session,
(this creates a habit of work),
and at the end of the month a remuneration is given for whatever they have
produced. A part of the
money they receive goes into their personal savings
account, and the rest is for their personal expense. Don Bosco Ashalayam also
provides an assistance booth in Howrah railway station. The Ashalayam had
earlier worked with UNESCO on a 2-year project entitled
“Impact of
education in improving the quality of life of disadvantaged urban groups in
Calcutta & Howrah”. Now, a
new project entitled “Education for
social change” has been launched to provide street and working children
with quality
education and vocational training. The project integrates street
and working children into formal schools and training centres; trains
them to
handle computers; informs them on sex education and HIV/AIDS; involves the
community in educational activities. "Butterflies", an NGO in Delhi, has
been working with street and working children in Delhi since January 1988. It
has eight points of contact with
the children in areas where there is a
concentration of street and working children. Most of the children are migrants
to Delhi and
are self-employed and are working as porters, shoe polishers, rag
pickers and vendors or engaged in roadside restaurants, workshops,
garages and
small-scale industries.
Butterflies has a team of street educators who play an important role in
initiating contact with street children, through regular
visits to their places
of work and abode. They make it a point to say "Hello," spend time with the
children and occasionally organise
recreational and group activities in order to
overcome their initial fear and mistrust and develop a trusting relationship
based
on equality and respect.
Once a relationship has been established with the children, in the next
step, they involve them in an activity that they help to
design and develop.
Experience has shown that unless a relationship is built, it is difficult to
motivate the children to come together
for collective action, to continue their
education, or to discuss drug and gambling problems.
Children participate in planning most of their activities. They also
contribute in a material way for all their activities. Nothing
is given free.
Children honour their commitments and participate in the planned activity with a
feeling that it is their programme
and therefore they have to make it a success.
Prayas Juvenile Aid Centre in Delhi started off by working with
street and neglected working children, to rehabilitate them and reduce the
incidence of vagrancy
and delinquency among them. It now provides specially
designed non-formal education for these children; vocational training and Child
Empowerment Programmes (for those above 14 years); indoor and outdoor
health care including a nursing home; mid-day meals for those
who attend the
non-formal education sessions regularly; counselling and recreational
activities; family and community interventions;
and a shelter for homeless
children. It is the first NGO to run a juvenile home in Delhi. Through
experience, Prayas has come to
believe that "the basic needs of a child are
synonymous with his basic rights." Deeply rooted in the slum-clusters, Prayas
has emerged
as a replicable model organisation in the country and at the
international level. From 25 children in 1988, it now serves over 3,000
children
in the slums of Delhi. It is now creating a National Institute for Neglected
Child and Juvenile Justice in Delhi. In the
last nine years, over 10,000
children have been drawn away from ragpicking and other such occupations and
placed in formal schools.
Through its Health Unit, it reaches out to thousands
of street and working children; many have been provided vocational training
and
an occupational shift.
CINI ASHA (Child in Need Institute), a Calcutta-based NGO, was born
in response to the cry of poor children living in degrading conditions. Its aim
is to educate street
children, child labourers and children of sex workers
between the ages of 4 and 20 and place them in formal schools. CINI ASHA in
partnership with UNESCO have been working to meet the needs of these children in
areas most crucial to their survival, growth and
development. In the first
phase, facilities such as Drop-In-Centres, Night Shelters, Short stay
residential homes (Half-Way-House),
Clinic, Sick Bay, HIV/AIDS prevention
programme for street children, preparatory centres and coaching centres for
child labourers
and evening centres for children of sex workers have been
provided.
In the second phase launched in 2000. Under this, all children in the
project area are to be enrolled and retained in formal schools.
Special focus is
being placed on the sustainability of the programme. The local community,
therefore, is involved in the overall
project. So are the Calcutta Municipal
Corporation Ward councillors. Formal school teachers are being trained/oriented
to gradually
take up the activities carried out by CINI ASHA. The chief result
of this programme is as follows: establishment of staff training
sessions on
teaching methodology, child psychology, child rights, counselling skills and
communication skills; use of innovative
educational material in Bengali, Hindi
and Urdu; vocational training courses and weekly theatre workshops.
|
Source:
www.cwatnet.coth/vol1-2&3/butterflies.htm
www.differentindia.org/prayas.htm/
www.unescodelhi.nic.in/vsunescodelhi/edu.htm#.street
1118. India, with a population of more than one billion in 2000, has the
largest population of street children in the world. A significant
proportion of
street children are working in the unorganized or informal service sector in
every city, big or small, offering cheap
labour, and catering to various needs
of city-dwellers. The majority of children live or work on the streets of urban
India, labouring
as porters at bus or railway terminals; as mechanics in
auto-repair shops; or as vendors of food, tea and handmade articles. They
work
as street tailors or as rag-pickers, picking garbage and selling usable
materials to local buyers. They are often seen polishing
shoes in shopping and
commercial centres, working as domestic servants or as vegetable sellers, milk
carriers and car cleaners. They
carry heavy loads and work in cycle and
automobile repair shops. They are also engaged in several hazardous industries
and processes
throughout the country. Many of them are also procured as sex
workers. The parents/crime rings many a times use these children for
begging
around crossroads and places of worship.
1119. These children suffer from the
worst kind of deprivation and denial of basic necessities like education,
health, food, shelter,
physical protection, security and
recreation.
1120. Street children are susceptible drug/alcoholic addiction
and to inhalants, such as cobbler’s glue, correction fluid, gold/silver
spray paint, nail polish, rubber cement, permanent/dry eraser makers and
gasoline, which offer them an escape from reality and hunger.
In exchange, they
invite a host of physical and psychological problems, including hallucinations,
pulmonary edema, kidney failure
and irreversible brain damage. In order to
secure a regular dose of drugs/alcohol and inhalants, they resort to
pick-pocketing, petty
theft and even more serious crimes. Many of these children
eventually turn into hardened criminals controlled by organized crime
rings for
drugs trafficking, prostitution and other unlawful activities, thus placing a
heavy burden on the law and order machinery.
1121. The increase in the number of street children-orphans, destitute, neglected and delinquent children is a matter of great concern to the Ministry Social Justice and Empowerment. Recognizing the basic responsibility of the government towards these children, specific schemes are being put into effect, to provide immediate relief and succour to these children as well as meet their long-term development needs.14 To meet these needs, the Ministry of Social Justice and Empowerment, GOI, implements the Integrated Programme for the Street Children. The programme has been dealt with in detail under the article, “Children Deprived of their Family”.
2. Children Deprived of their Liberty, including any Form of
Detention,
Imprisonment or Placement in Custodial Settings
Introduction
1122. The Juvenile Justice (Care and Protection of
Children) Act, 2000, is the most comprehensive legislation for juveniles in
India
and this is displayed in the entire process of dealing with juveniles who
infringe the law—beginning with identifying a neglected
or delinquent
juvenile as defined under the Act, the consequent trial by exclusive Juvenile
Courts, setting up of Welfare Boards
and rehabilitation of juveniles in
institutions that have been set up for such children, with facilities for
shelter, accommodation,
food, education, etc.
1123. The State has a
responsibility to protect children in custody–State officials are
accountable for the way they treat children
in their care, custody and control.
Children apprehended and convicted are sent to homes setup under the Juvenile
Justice (Care and
Protection of Children) Act, 2000, which are based on the
doctrine of parents patraie, which means that the State is expected to
provide protection like a parent to the child who deviates from the norms of
society.1
1124. The Juvenile Justice (Care and Protection of Children) Act, 2000, ensures that no child is deprived of his/her liberty arbitrarily or unlawfully. According to section 12 of the Act:
(1) When any person is accused of a bailable or non-bailable offence and a juvenile is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, be released on bail with or without surety but he shall not be released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice.
1125. Arrest,
detention or imprisonment of a child is used as a measure of last resort if
there appears reasonable grounds under the
Juvenile Justice (Care and Protection
of Children) Act, 2000, for believing that the release of the child is likely to
bring him/her
into association with any known criminal or expose him/her to
moral danger or that his/her release would defeat the ends of justice.
1126. Section 13 of the Juvenile Justice (Care and Protection of Children)
Act, 2000, states, “Where a juvenile is arrested,
the officer in charge of
the police station or the special juvenile police unit to which the juvenile is
brought shall, as soon as
may be after the arrest, inform the following:
1127. Section 15 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 states, “Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the board, may if it thinks so fit:
1128. Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case, it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.
1129. Thus
sections 13 and 15 of the Juvenile Justice (Care and Protection of Children)
Act, 2000, ensure that all positive corrective options are followed before
sending the juvenile to a home.
1130. As per section 18(1) of the Juvenile
Justice (Care and Protection of Children) Act, 2000, all children are to be kept
separately
from adults in the best interests of the child. The section
states—“Notwithstanding anything contained in Section 223
of the
Code of Criminal Procedure, 1973, or in any other law for the time being in
force, no juvenile shall be charged with or tried
for any offence together with
a person who is not a juvenile.”
1131. Section 48 and Section 62 (1) of
the Juvenile Justice (Care and Protection of Children) Act, 2000, lay down
provisions relating
to the availability of health and educational facilities for
the juvenile. According to Section 48 (1) of the Act, when a juvenile
or child
who has been brought before a competent authority under this Act, is found to be
suffering from a disease requiring prolonged
medical treatment or physical or
mental complaint that will respond to treatment, the competent authority may
send the juvenile or
the child to any place recognized to be an approved place
in accordance with the rules made under this Act for such period as it
may think
necessary for the required treatment.
1132. Where a juvenile or child is
found to be suffering from leprosy, sexually transmitted disease, hepatitis B,
tuberculosis or
such other diseases or is of unsound mind, he shall be dealt
with separately, through various specialised referral services or under
relevant
laws as such.
1133. Section 62 (1) states, “The central Government or
a State Government may constitute a central or a State Advisory Board,
as the
case may be, to advise that Government on matter relating to the establishment
and maintenance of the homes, mobilisation
of resources, provision of facilities
for education, training, rehabilitation of children in need of care and
protection of juveniles
in conflict with the law, and coordination among
various officials and non-official agencies concerned.”
Respect for the views of the child
1134. Section 8 (4) of
the Juvenile Justice (Care and Protection of Children) Act, 2000, states that
every juvenile who is not placed
under the charge of a parent or guardian and is
sent to an observation home shall be initially kept in a reception unit of the
observation
home for preliminary inquiries, care and classification according to
his age group, such as 7-12/12-16 years, and 16-18 years, giving
due
consideration to physical and mental status and degree of the offence committed,
for further induction into an observation home.
1135. Further, section 9(1)
of the Act empowers the State Government to establish and maintain by itself or
under an agreement with
voluntary organizations, special homes in each district
or a group of districts as may be required, for reception and rehabilitation
of
juveniles in conflict with the law under this Act.
1136. Section 11 of the
Act states that any person in whose charge a juvenile is placed in pursuance of
the Act shall, while the order
is in force, have control over the juvenile as
he would have if he were his parents, and shall be responsible for his
maintenance,
and the juvenile shall remain in his charge for the period stated
by a competent authority, notwithstanding that he is claimed by
his parents or
any other person.
1137. Section 13 (a) of the Juvenile Justice (Care and
Protection of Children) Act, 2000, lays down that where a juvenile is arrested,
the officer in charge of the police station or the special juvenile police unit
to which the juvenile is brought shall, as soon as
may be after the arrest,
inform the parent or guardian of the juvenile, if he can be found, of such
arrest and direct him to be present
at the board before which the juvenile will
appear.
1138. Further, section 14 of the Act states that where a juvenile
having been charged with the offence is produced before a board,
the board shall
hold the inquiry in accordance with the provisions of this Act and may make such
order in relation to the juvenile
as it deems fit, provided that an inquiry
under this section shall be completed within a period of four months from the
date of its
commencement, unless the period is extended by the board, having
regard to the circumstances of the case and in special cases after
recording the
reasons in writing for such extension.
3. The Sentencing of Children, with Particular Reference to theProhibition of Capital Punishment and Life Imprisonment
1139. Section 14 of the Juvenile Justice (Care and Protection of
Children) Act, 2000, prohibits sentencing of a delinquent juvenile
to death or
imprisonment or commitment to prison in default of payment of fine or in default
of furnishing security1 (see box 8.17). Similarly, the Indian
Penal Code prohibits imposition of death penalty on
children.2
1140. Section 15 (1) of the Juvenile Justice (Care and
Protection of Children) Act, 2000 states, “Where a board is satisfied
on
inquiry that a juvenile has committed an offence, then, notwithstanding anything
to the contrary contained in any other law for
the time being in force, the
board, may if it thinks so fit:
Box 8.17: Section 26: Orders that may not be passed
against delinquent juveniles
(1) Notwithstanding anything to the contrary contained in any other law for
the time being in force, no delinquent juvenile shall
be sentenced to death or
life imprisonment, or committed to prison in default of payment of fine or in
default of furnishing security:
Provided that where a juvenile who has attained the age of 16 years
has committed an offence and the board is satisfied that the offence
committed
is of so serious nature or that his conduct and behaviour have been such that it
would not be in his interest or in the
interest other juveniles in a special
home, to send him to such special home and that none of the other measures
provided under this
Act is suitable or sufficient, the board may order the
juvenile in conflict with the law to be kept in such place of safety and in
such
a manner as it thinks fit and shall report the case for the orders of the State
Government.
(2) On receipt of a report from a board under sub-section (1), the State
Government may make such arrangement in respect of the juvenile
as it deems
proper and may order such juvenile to be kept under protective custody at such a
place and on such conditions as it thinks
fit.
Provided that the period of detention so ordered shall not exceed the
maximum period of imprisonment to which the juvenile could have
been sentenced
for the offence committed.
|
Source: Juvenile Justice (Care and Protection of Children) Act, 2000.
4. Physical and Psychological Recovery and Social
Reintegration
of the Child
Introduction
1141. There are several programmes being implemented
for the rehabilitation and development of juveniles in India. The principle
agency
involved is the Ministry of Social Justice and Empowerment along with the
State Governments, autonomous bodies and NGOs.
1142. A juvenile who requires
physical and psychological recovery and social reintegration is helped to face
these problems not only
through care and protection in observation and special
homes but also through appropriate after care schemes. The purpose of these
after care schemes is to take care of juveniles after they leave the homes and
to enable them to lead an industrious and useful life.
Taking care also
includes maintenance facilities like food, clothing and shelter.
1143. During the year 1998-99, the Scheme was revised with a view to strengthening the implementation of Juvenile Justice Act, 1986 in the country and bring about a qualitative improvement in the services provided under the scheme to both neglected as well as delinquent children. So far, 287 Observation Homes, 290 Juvenile Homes, 35 Special Homes and 50 After Care Institutions have been established. In addition, there are 189 Juvenile Courts and 271 Juvenile Welfare Boards operating in different parts of the country.
1144. The Juvenile
Justice (Care and Protection of Children) Act, 2000, states that the
rehabilitation and social integration of a
child shall begin during the stay of
the child in a children’s home or special home and the rehabilitation and
social integration
of children shall be carried out alternatively by (a)
adoption, (b) foster care, (c) sponsorship, or (d) sending the child to an
after-care organization (section 40 of the Act).
1145. The children’s
home or the State Government-run institutions for orphans shall be recognized as
adoption agencies both
for scrutiny and placement of such children for adoption
in accordance with the guidelines issued under sub-section (3) [section
41 (4)
of the Act].
1146. No child shall be offered for adoption without his
consent in the case of a child who can understand and express his consent
[section 41 (5) of the Act]. Further the Board may allow a child to be given in
adoption— (a) to a single parent, and (b) to
parents to adopt a child of
the same sex irrespective of the number of live biological sons or daughters
[section 41 (6) of the Act].
1147. Section 44 of the Act states that the
State Government may, by rules made under
this Act,
1148. Section 45 of the Act empowers the State
Governments to make rules to ensure effective linkages between various
governmental,
non-governmental, corporate and other community agencies for
facilitating the rehabilitation and social integration of the
child.
1149. The following measures have been taken by the Government of
Tamil Nadu to ensure that the Rights of the Child in Juvenile Homes:
Box 8.18: Childline
After making an impact with earlier national projects for older citizens
and the disabled the Ministry of Social Justice and Empowerment
has now turned
its attention to street children, with a stress on compassion. It has made child
protection a work priority in the
Ministry and sought public participation and
support from the allied system, consisting of the police, healthcare and
welfare, judiciary,
education, transport, labour, media and the corporate
sector.
The aim of Project Childline is to ensure that “a childhood to every
child’’ is just a call away. Help can be sought
by any child on the
street or a victim of child abuse on telephone number 1098 through the
night-and-day childline service. Help
will arrive from the police and support
from identified NGOs.
The National Initiative for Child Protection (NICP) is a campaign initiated
by the Ministry of Social Justice & Empowerment through
the National
Institute of Social Defence (NISD) and CHILDLINE in India Foundation
(CIF).
NICP aims at building partnerships with the Allied Systems for Child
Protection and promotion of Child’s Rights. These Allied
Systems
are:
– The police
– The health care system
– The judicial system, especially the juvenile justice system
– The education system
– The transport system
– The Labour Department
– The media
– The Department of Telecommunication
– The corporate sector (especially hoteliers)
– The community at large (especially elected representatives and PCO
owners)
NICP hopes to achieve this by training people who work within the Allied
Systems. As awareness increases in this group, it is believed
that every child
will get her or his rights. It is believed that this training will yield a
greater understanding of the circumstances
of the child and will also lead
to:
– Greater access to services such as health care, education, justice,
etc.
– Development of specialised services where they are needed.
– Allocation of resources including time, attention, money,
infrastructure, etc.
– An attitudinal change in perceiving the needs of a child and
helping him/her.
The partners for NICP include:
– Children
– Government at the Central, State and Local levels
– Non-Governmental Organisations
– Academic and Training Organisations
– UNICEF
– National Commission for Women
– The Allied Systems
The training activities are going to be supported by the Institute in
partnership with concerned organizations. Training modules under
this programme
for various functionaries have already been developed. These training modules
propose to use a multi-dimensional,
multi-cultural and multi-layered approach.
More than 600 training programmes have already been carried out and more
training programmes
have been planned for the future covering 14 cities of the
country for training various levels of functionaries in the Police Department,
Health Care Department, Judiciary—specially the Juvenile Justice
functionaries, Education Department, Transport Department,
Labour Department,
Media Personnel, Department of Telecommunication, corporate sector, elected
representatives and members of the
community.
|
Source: Online edition of India’s National Newspaper on
indiaserver.com, Wednesday, June 28, 2000
An Integrated Programme for
Street Children
1150. The objective of this programme is to prevent destitution of children and facilitate their withdrawal from life on the streets. The programme provides for shelter, nutrition, health care, education, recreation facilities to street children and seeks to protect them against abuse and exploitation. The target group of this programme is children without homes and family ties, that is, street children and children especially vulnerable to abuse and exploitation such as children of sex workers and children of pavement dwellers. In addition to voluntary organisations, State Governments, UT administrations, local bodies, and educational institutions are also eligible for financial assistance from the Government under this programme.
1151. This service which was started in Mumbai is now available in 25 cities, namely, Ahmedabad, Alwar, Baroda, Bhopal, Bhubaneshwar, Calcutta, Chennai, Cochin, Coimbatore, Delhi, Goa, Guwahati, Hyderabad, Indore, Kutch, Jaipur, Lucknow, Mumbai, Nagpur, Patna, Pune, Thiruvananthapuram, Varanasi, Vijayawada, Vishakapatnam. It is aimed to cover 30 cities by the end of the Ninth Five-Year Plan. The basic objectives of the Childline Service are as follows:-
1152. Childline is envisaged by the Ministry as a national service in each city. The service is being standardiZed to meet common norms and objects. Keeping in view the highly mobile character of street children the telephone number for accessing the service nationwide is 1098. The Ministry of Communications has provided a toll-free dedicated line-1098.
Childline India Foundation
1153. Childline India Foundation has been established as an umbrella organization to identify, provide support-services and to monitor efficient service delivery of the centres at various locations. It serves as a link between the Ministry and NGOs in the field. The Secretary, Ministry of Social Justice and Empowerment, is the Chairperson of the Governing Board of the Foundation.
1154. Children of sex
workers are among the most disadvantaged and neglected children. The Ministry,
recognizing the need for their
rehabilitation, commissioned a project in
collaboration with voluntary organizations for this purpose. Grants-in-aid have
been released
to 25 voluntary organizations during 1999-2000 for implementation
of this project. The grant is released for imparting vocational
training,
non-formal education, health care and nutrition.
1155. Besides the above
projects, grants have also been released for day-care-centres for children of
fishermen, construction of a
home for destitutes and maintenance of 25 orphan
girls in Port Blair.
1156. The total amount of grant-in-aid released for all the above mentioned projects during 1999-2000 is Rs 73 lakh.
C. Children in Situation of Exploitation, including Physical
and
Pychological Recovery and Social Integration
1. Economic
Exploitation of Children, including Child Labour
Introduction
1157. The phenomenon of working children is invariably
associated with poverty and is usually considered to be a by-product of under
development. The highest incidence of child labour is said to be in the poorest
countries of the world, and in the poorest regions
of those countries.
Globalization, indebtedness and the widening income gap between the rich and the
poor countries may also exacerbate
the problem. Several studies have pointed out
that globalization does have a negative influence in the short term. Structural
policies
of adjustments have resulted in many developing countries spending less
on basic services such as education.
1158. However, a crucial distinction
has to be made between child labour and child work. Child work should be used as
the generic
term, and should refer to any type of work in any mode of employment
relationship. The concept of work, which is a description of
a physical (or
mental) involvement in a job, may be an activity which, rather than being
harmful, is beneficial to the child in its
formative socialization. The concept
of labour, on the other hand, should be restricted to the production and
services which interfere
with the normal development of children as defined by
the CRC.
1159. There is a perception that quite a lot of what has been
subsumed under child labour, is actually work performed during a standard
process of socialization and not associated with labour exploitation or
interfering with the quality of development which the child
in the given
circumstances could expect.1
1160. Towards fulfilling the
national commitment of eliminating child labour, the Ninth Five-Year Plan is
committed to enforcing the
ongoing legal as well as remedial measures to
eliminate child labour not only by strengthening various instruments that
prevent/combat
the problem of child labour but also by ensuring their effective
implementation.2
1161. Non-availability of accurate,
authentic, and up-to-date data on child labour has been a major handicap in
planned intervention
for eradication of this social evil. This, however, does
not minimize the urgency and importance of drawing up concrete programmes
for
identification, release and rehabilitation of working children.
1162. Poverty has been identified as a major factor compelling parents to
send their children to work. Lack of awareness and educational
opportunity and
ineffective enforcement of child labour-related laws contribute to the existence
and acceptance of this social evil.
The improvement in the living , working and
economic conditions of the parents is considered crucial to the elimination of
child
labour. The ultimate objective of the child labour programme is to
convert working children into productive and participative members
of the
society.3 Success can be achieved only through social engineering on
a major scale combined with national economic growth.4
Box 8.19: Amar came to Mumbai to meet Sachin
Tendulkar
He happened to ask a policeman in plain clothes for the address. The
policeman called Childline. Amar refused to go home, saying that
he wanted to
live in Mumbai. Childline referred him to a shelter. A few days later, a
Childline volunteer escorted him home.
|
Source: National Initiative for Child Protection (NICP)-A Resource Book...To Every Child a Childhood, Ministry of Social Justice and Empowerment
Current situation
1163. The 1991 census data on child labour,
compiled by the Registrar General and Census Commissioner, estimates the number
of working
children in the country at 11.28 million.
1164. The State with
the highest child labour population in the country is Andhra Pradesh, which as
per the 1991 census had 1.66 million
working children. Other States where child
labour population is more than one million are Madhya Pradesh, Maharashtra and
Uttar Pradesh.
More than 90 percent of child labour is engaged in rural areas,
in agriculture and allied employment like cultivation, agricultural
labour,
livestock, forestry and fisheries.5
1165. Although a major cause,
poverty alone does not cause child labour. As ILO rightly warns, “Poverty
is not the only reason
for the existence of child labour. The picture varies
across households and across regions and countries. Countries which are equally
poor may yet have relatively high or relatively low levels of
non–school-going children or of working children. Underlying
child labour
obviously also is the pull factor, the desire to maximise profits and to command
an utmost docile and flexible labour
force. The absence of a strong (adult)
labour movement and a strong civic society in general, in combination with the
inertia of
government institutions will allow these tendencies a free
hand.” Thus, child labour is essentially associated with inequality
in
society.
1166. In India, the correlation between child labour and regional
poverty is inconclusive. Some of the poorer states, for different
reasons, have
a lower child labour count, and some of the richer states have a higher count.
1167. Agricultural development as such may not reduce the incidence of child
labour as much as direct efforts to improve the living
conditions of marginal
farmers and landless labourers. The intensity of child labour, it could be said,
rather relates to the female
labour-force participation rate.
1168. Literacy
rate is another variable which is often used to explain the differences in child
employment ratios. Empirically, Kerala
furnishes a strong correlation between
literacy and the decline of child labour. It is not merely the economic
advancement but the
overall social development, including education, which plays
a major role in the incidence of child labour. This is why Kerala has
a lower
incidence of child labour than Punjab, Haryana and several other states which
have lower poverty ratios. Other states with
a relatively high literacy level,
like Maharashtra and Tamil Nadu, however, have an above average child labour
ratio, indicating
that the demand for labour on the pull side is not balanced by
a desire for education on the push-side. Educationally backward states
like
Bihar and Uttar Pradesh, on the other hand, have a relative low child labour
ratio because of a falling demand for child labour.
1169. An important fact
that has been established by many surveys is that access to education is a
general wish among parents and
children, but this remains unfulfilled due to the
lack of properly functioning government schools.6
Box 8.20: Government’s commitment
Government’s commitment to addressing the problems of child labour is
reflected in the National Agenda of Governance. The agenda
states that the aim
is to ensure that no child remains illiterate, hungry or lacks medical care, and
that measures will be taken
to eliminate child labour.
|
Source: Annual Report, 1999-2000, Ministry of Labour, GOI, page 161
Constitutional and Policy Framework
1170. India has all along followed a proactive policy with respect to the problem of child labour, and has stood for constitutional, statutory and developmental measures to combat child labour. Six ILO conventions relating to child labour have been ratified, three of these as early as the first quarter of the twentieth century. The framers of the Indian Constitution consciously incorporated relevant provisions in the Constitution to secure compulsory universal primary education as well as labour protection for children (see box 8.21).
Box 8.21: Constitutional provisions
Article 24—Prohibition of employment of children in factories,
etc.:
No child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
Article 39—The State shall in particular, direct its policy towards
securing:
– That the health and strength of workers, men and women, and the
tender age of children are not abused and the citizens are
not forced by
economic necessity to enter a vocation unsuited to their age or strength.
– That children are given opportunities and facilities to develop in
a healthy manner and in condition of freedom and dignity
and that childhood and
youth are protected against exploitation and against moral and material
abandonment.
Article 45—Provision for free and compulsory education for
children:
The State shall endeavour to provide, within a period of 10 years from
the commencement of this Constitution, for free and compulsory education for all
children until they complete the age of 14 years.
|
Source: Annual Report, 1999-2000, Ministry of Labour, GOI, page 156.
1171. If the provisions on child labour in international conventions
such as the ILO standards and the CRC are compared with Indian
standards, it can
be said that the Indian Constitution articulates higher standards in some
respects. The Constitution of India specifies that a child has a right not to be
used in “forced” or “bonded” labour. The Constitution
also specifies in its chapter on Fundamental Rights that ‘no child below
the age of 14 years shall be employed to work in any
factory or mine or
engaged in any other hazardous work”. The aspect of child labour is also
covered under the Directive Principles
of State Policy which are not legally
enforceable, but are fundamental in the governance of the country. These
Directive Principles
specifically refer to the duty to formulate policies
preventing exploitation of workers or prohibiting child labour, or contain
general
provisions on safeguarding a child’s welfare and protecting
children from exploitation. Equality provisions in the Constitution authorise
affirmative action policies on behalf of the child.
1172. Directive
Principles of State Policy indicate that the Government must take measures to
achieve the goal of free and compulsory
education for children under the age of
14 years. They also refer to the eradication of illiteracy by ensuring
universal and equal
access to education at all levels. In that sense, they
postulate higher standards on education than the Convention, which focuses
on
free compulsory primary education.7
1173. Labour Commissions and
Committees have gone into the problems of child labour and made extensive
recommendations. India’s
judiciary right up to the apex level has
demonstrated empathetic responses against the practice of child labour.
India’s policy
on child labour has evolved over the years in this
backdrop.
1174. The policy of the Government is to ban employment of children
below the age of 14 years in factories, mines and hazardous employment
and
to regulate the working conditions of children in other employment.8
1175. The GOI adopted a National Child Labour Policy in 1987. The objective
of the policy was not only to place the issue on the nation’s
agenda, but
also formulate a specific programme of action to initiate the process of
progressive elimination of child labour. The
policy consists of three
complementary measures:
Figure 8.1: State-wise distribution of working children
,
Source: Annual Report, 1999-2000, Ministry of Labour, GOI
Table 8.5: Distribution of working children (as per 1991
census)
|
|||
State/Union Territory
|
Main workers
|
Marginal workers
|
Total workers
|
Andhra Pradesh
|
1,537,293
|
124,647
|
1,661,940
|
Assam
|
259,953
|
67,645
|
327,598
|
Bihar
|
795,444
|
146,801
|
942,245
|
Gujarat
|
373,027
|
150,558
|
523,585
|
Haryana
|
89,030
|
20,661
|
109,691
|
Himachal Pradesh
|
30,771
|
25,667
|
56.438
|
Jammu and Kashmir
|
*
|
*
|
*
|
Karnataka
|
818,159
|
158,088
|
976,247
|
Kerala
|
28,590
|
6,210
|
34,800
|
Madhya Pradesh
|
997,940
|
354,623
|
1,352,563
|
Maharashtra
|
805,847
|
262,571
|
1,068,418
|
Manipur
|
13,478
|
3,015
|
16,493
|
Meghalaya
|
30,730
|
3,903
|
34,633
|
Nagaland
|
16,106
|
370
|
16,476
|
Orissa
|
325,250
|
127,144
|
452,394
|
Punjab
|
132,414
|
10,454
|
142,868
|
Rajasthan
|
490,522
|
282,677
|
773,199
|
Sikkim
|
5,254
|
344
|
5.598
|
Tamil Nadu
|
523,125
|
55,764
|
578,889
|
Tripura
|
13,506
|
2,972
|
16,478
|
Uttar Pradesh
|
1,145,087
|
264,999
|
1,410,086
|
West Bengal
|
593,387
|
118,304
|
711,691
|
Andaman and Nicobar Islands
|
758
|
507
|
1,265
|
Arunachal Pradesh
|
11,632
|
763
|
12,395
|
Chandigarh
|
1,839
|
31
|
1,870
|
Dadra and Nagar Haveli
|
2,677
|
1,739
|
4,416
|
Delhi
|
26,670
|
681
|
27,351
|
Daman and Diu
|
741
|
200
|
941
|
Goa
|
3,938
|
718
|
4,656
|
Lakshadweep
|
17
|
17
|
34
|
Mizoram
|
6,391
|
10,020
|
16,411
|
Pondicherry
|
2,565
|
115
|
2,680
|
Total
|
9,082,141
|
2,203,208
|
11,285,349
|
* Census could not be conducted
Source: Registrar General of
India
NB: Figures for 1991 relates to workers of age group
5-14 years
International Conventions
1176. India has signed the following conventions related to child labour.10
Table 8.6: Child labour indicators from Multi-Indicator
Cluster Survey-2
|
|
List of Indicators
|
All India
(Weighted average)
|
Percent of children aged 5-14 years working for someone outside the
family
● For pay |
2.8
2.9
—
|
Percent distribution of children working for someone outside the family
by sector of work
● Agriculture and livestock |
28.3
5.1
3.7
18.8
27.5
|
Percent of children aged 5-14 years
● Engaged in household chores |
42.3
31.9
8.2
6.9
|
Median duration of work by children who are engaged
● For someone outside the family |
20.7
8.5
10.4
|
Source: MICS-2, UNICEF
Box 8.22: Employment of Children: protective legal
provisions
|
|
Name of the Act
|
Protective provisions for children
|
● The Children (Pledging of Labour) Act, 1933 |
Any agreement to pledge the labour of children is void. Employment of
children under 14 years of age is prohibited under these various
laws.
|
● The Child Labour (Prohibition and Regulation) Act, 1986 |
Except in the process of family-based work or recognised school-based
activities, children are not permitted to work in occupations
concerned
with:
– Passenger, goods mail transport in railway
– Carpet weaving
– Cinder picking, cleaning of ash pits
– Cement manufacturing
– Building operation construction
– Cloth printing
– Dyeing, weaving
– Manufacturing of matches, explosives, fireworks
– Catering establishment in railway premises or port limits
– Beedi making
– Mica, cutting, splitting
– Abattoirs
– “Hazardous process” and “dangerous
operations” as defined, notified in Section 2(cb) and Section 87
of the
Factories Act 1948 respectively.
– Wool cleaning
– Printing, as defined in Section 2(k) of the Factories
Act, 1948 – Cashew and cashewnut descaling and processing
– Soldering processes in electronic industries
In occupations and processes other than the above mentioned, work by
children is permissible only for six hours between 8.00 a.m.
and 7.00 p.m. with
one day’s weekly rest.
Occupier of establishment employing children to give notice to local
inspector and maintain prescribed register.
|
● The Plantation Labour Act, 1951 |
Children/adolescents are allowed to work 27 hours a week.
|
● The Minimum Wages Act, 1948 |
Child work is not allowed during night i.e. 7.00 p.m. to 6.00 a.m. Children
are permitted to work in plantation only where certificate
of fitness is granted
by a certifying surgeon. On completion of 15 days, leave with wages is to be
allowed.
|
Source:Annual Report, 1999-2000, Ministry of Labour, GOI
Legislation
1177. The present regime of laws relating
to child labour have a pragmatic foundation and are consistent with the
International Labour
Conference Resolution of 1979 which calls for a combination
of prohibitory measures and measures for humanising child labour wherever
it
cannot be immediately outright in the short run. (see box 8.22).
1178. The
Child Labour (Prohibition and Regulation) Act, 1986, seeks to achieve this basic
objective. The Act prohibits employment
of children in occupations and processes
listed in Part A and B of the Schedule to the Act. Through a notification dated
27 January
1999, the Schedule has been substantially enlarged to add six more
occupations and 33 processes to the Schedule, bringing the total
to 13
occupations and 51 processes, respectively.
1179. The Child Labour
(Prohibition and Regulation) Act, 1986, provides for the constitution of a Child
Labour Technical Advisory
Committee to advise the Central Government for the
purpose of addition of occupations and processes to the Schedule to the
Act.11
1180. The Government recently amended the Central Civil
Services (Conduct) rules to prohibit the employment of children. According
to
this, no Government employee shall employ any child below the age of
14 years.12
1181. As an immediate response to the States
which have made necessary changes to the State Service Rules are: Andhra
Pradesh, Tamil
Nadu, Karnataka, Assam, Goa, Himachal Pradesh, Jammu and Kashmir,
Maharashtra, Madhya Pradesh, Mizoram, Sikkim, Tripura and West
Bengal.13
1182. The State Governments too have been taking steps
to eliminate child labour. For instance, the Government of West Bengal has
begun consultations with organizations of workers, NGOs and their agencies (to
identify the worst forms of child labour). A steering
committee has been set up
to coordinate the process of eliminating the worst forms of child labour has
been setup. It organizes special
hearings through the NGOs to receive input from
child labourers for the design of the programme. It has started a process of
consultation
with organizations of workers, employers and other concerned groups
on programmes of action against worst forms of child
labour.14
Table 8.7: Child labour as a percentage of child
population—Rural
|
|||
|
1971
|
1981
|
Female labour participation rate 1991
|
Andhra Pradesh
|
14.1
|
16.6
|
30.1
|
Karnataka
|
9.9
|
13.8
|
22.7
|
Madhya Pradesh
|
9.7
|
13.9
|
22.8
|
Maharashtra
|
7.3
|
12.9
|
26.5
|
Tamil Nadu
|
7.0
|
10.8
|
25.1
|
Orissa
|
8.0
|
10.5
|
12.1
|
Rajasthan
|
8.0
|
9.9
|
13.0
|
Gujarat
|
9.9
|
8.6
|
13.7
|
Bihar
|
6.9
|
6.0
|
10.0
|
Uttar Pradesh
|
5.5
|
5.1
|
7.5
|
West Bengal
|
4.1
|
4.6
|
8.0
|
Punjab
|
5.4
|
NA
|
2.8
|
Kerala
|
1.9
|
0.7
|
12.8
|
Source: Children, Work and Education - I, General Parameters,
Economic and Political Weekly, June 10,
2000, page
2038
1183. The State of Kerala is drafting a legislation totally banning child labour, the first State to do so. The draft of the Bill has already been prepared by the Department of Labour and is expected to be presented before the assembly in due course. The State is also planning to set up a Child Labour Elimination Authority.15
1184. Judicial interventions are one of the
most powerful instruments available for combating child labour. Like many
countries, the
Indian judiciary has given appropriate importance to the issue of
prohibiting the employment of children under a certain age and
regulating
working conditions for children above the minimum age.
1185. The Supreme
Court, in its judgement on December 10, 1996 in a writ petition [(Civil) No.
465/1986] has given certain directions
regarding the manner in which children
working in hazardous occupations are to be withdrawn and rehabilitated as also
the manner
in which the working conditions of children working in non-hazardous
occupations are to be regulated and improved upon.
1186. Important
directions given in the judgement include:
Box 8.23: Out of sight out of mind out of reach — A
study of child
domestic workers in Chennai A study conducted by Arunodhaya, Centre for Street and Working
Children, Chennai, Tamil Nadu, aimed at bringing the problem of child domestic
workers into focus
and identifying the factors which contributed to the problem,
so that appropriate programmes of intervention could be initiated.
Functionaries of NGOs working in the field of child development and a
cross-section of the public, including professionals, parents,
employers,
advocates and trade union leaders were interviewed to elicit opinions the issue
of child domestic work and their participation
to charter future course of
action.
The study found that children were sent to work by compulsion and not by
choice. They were found to have started working at a very
young age. Parents did
play a prime role in introducing children to the world of work. But among the
residential child workers,
the hand of outsiders engaged as
‘recruiters’ was evident. The study also showed that the literacy
level of the parents
has a direct influence on the education of the child.
Regarding terms of employment, in the majority of instances (87 per cent),
there was no contract or agreement of any kind. Everything
was informally
negotiated, leaving it to the employer’s discretion to hire or fire the
child worker.
By and large, the child domestic workers appeared to have been well
adjusted to the reality of their employment situation. The concept
of child
rights was unknown to 90 per cent of the children. The 10 per cent who said
that they have some knowledge of child rights
said that children have the right
to study, write, speak and play.
|
Source: Out of Sight... Out of Mind... Out of Reach, A Study of Child Domestic Workers in Chennai-India, Arunodhaya, Centre for Street and Working Children, 1999
1187. In a related judgement on 7th May 1999, the Supreme Court of India in a writ petition (Civil No. 12125/84 and 11643/85)—Bandhwa Mukti Morcha, etc. vs. Union of India and others, has also given a number of directions on the identification, release and rehabilitation of child labour. The Court, inter alia, directed the GOI to convene a meeting with the State Government to evolve principles/policies for progressive elimination of employment of children below 14 years in all employment consistent with the scheme laid down in Civil Writ Petition No. 465/86. These directions were given by the Court in the context of employment of children in the carpet industries in the State of Uttar Pradesh. In this case, the Court issue the following directions to the Government of Uttar Pradesh:
1188. The implementation of the directions of the Supreme Court is being monitored by the Ministry of Labour and compliance of the directions reported to the Court on the basis of information received from the State/UT Governments.16 The Ministry of Labour issued guidelines to State Governments. Receipt of materials from the State Governments is monitored and affidavits filed before the Court from time to time.
Programme interventions
National Child Labour Project (NCLP)
1189. Under the project-based action plan, 12 National Child Labour Projects (NCLP) were started in Andhra Pradesh (Jaggampet and Markapur), Bihar (Garwah), Madhya Pradesh (Mandsaur), Maharashtra (Thane), Orissa (Sambalpur), Rajasthan (Jaipur), Tamil Nadu (Sivakasi) and Uttar Pradesh (Varanasi-Mirzapur-Bhadohi, Moradabad, Aligarh and Ferozabad). A major activity undertaken under NCLP is the establishment of special schools to provide non-formal education, vocational training, supplementary nutrition, stipend, health care, etc., to children withdrawn from employment. During 1999-2000 (till end of January 2000), 100 NCLPs have been sanctioned in child labour endemic States for rehabilitation of nearly 2 lakh children who were removed from work (see table 8.8).
International Programme on Elimination of Child Labour (IPEC)
1190. The International Programme on Elimination of Child Labour is a global programme launched by ILO in December 1991. India was the first country to join it in 1992. The long-term objective of IPEC is to contribute to the effective abolition of child labour. Important highlights of the IPEC programme in India are given in box 8.24.
1191. Altogether, 154 action programmes were taken-up for implementation under IPEC during 1992-99. The total number of children covered by these projects is 90,574. Further continuation of IPEC beyond December 1999 for two years has been signed by ILO and the GOI.17
Table 8.8: Coverage under National Child Labour
Project
|
|||||
States
|
Number of districts covered
|
Sanctioned coverage
|
Actual coverage
|
||
Number of schools
|
Number of children
|
Number of schools
|
Number of children
|
||
Andhra Pradesh
|
22
|
915
|
58,050
|
797
|
50,508
|
Bihar
|
08
|
194
|
12,200
|
187
|
11,213
|
Karnataka
|
03
|
110
|
5,500
|
039
|
1,950
|
Madhya Pradesh
|
06
|
137
|
9,500
|
069
|
3,858
|
Maharashtra
|
02
|
74
|
3,700
|
061
|
3,170
|
Orissa
|
18
|
530
|
36,250
|
511
|
3,1456
|
Rajasthan
|
05
|
140
|
7,000
|
060
|
3,000
|
Tamil Nadu
|
09
|
425
|
21,900
|
353
|
17,190
|
Uttar Pradesh
|
11
|
350
|
22,500
|
170
|
11,730
|
West Bengal
|
07
|
279
|
14,000
|
232
|
11,650
|
Total
|
91
|
3154
|
190,600
|
2479
|
145,725
|
Source: Annual Report, 1999-2000, Ministry of Labour,
GOI.
National Authority for the Elimination of
Child Labour (NAECL)
1192. NAECL was constituted on September 26, 1994 under the chairmanship of the Labour Minister. Its functions are:
1193. Secretaries to GOI in the Ministries of Labour, Information and Broadcasting, Welfare, Rural Development, Textiles and the departments of Expenditure, Education, Health, Family Welfare and Women and Child Development are members of NAECL.18
National Resource Centre on Child Labour (NRCCL)
1194. NRCCL was set up in V.V. Giri National Labour Institute,
NOIDA, Uttar Pradesh, in March 1993. The centre has been entrusted
with the
task of documentation, publication and creation of data-bank on child labour,
research and training, media management and
technical support services etc. The
main objective of the centre is to assist the national and state governments,
NGOs, policy makers
and other social groups in the field of child labour through
a variety of supports, and to develop capabilities of various target
groups
towards progressive elimination of child labour.
1195. During the period
under review, training programmes were organised for various target groups
involved with different aspects
of child labour. A manual for trainers of
enforcement officials in child labour legislation and enforcement material for
factory
and labour inspectors on child labour has been prepared. Orientation
training on child labour for coordinators of NSS and NYK, trade
union leaders,
voluntary organizations and NGOs on child labour at Manipur, was conducted by
the centre.
1196. NRCCL has also taken up a number of research studies. To
assess the fallout of child labour legislation, a major project on
child labour
in home-based industries was undertaken in nine areas. Other ongoing research
projects include child labour in beedi rolling industry in Orissa;
plastic bead-making industry of Bhiwandi, Maharashtra; textile industries of
Surat, Gujarat; study on
child labour as domestic servants; child labour as an
indicator of backwardness, etc.19
1197. Under the grant-in-aid
scheme, voluntary organizations are being financially assisted to the extent of
75 per cent of the project
cost, for taking up welfare projects to rehabilitate
working children. Financial aid is also provided for useful action-oriented
research and study on the subject of child labour and preventive measures to
discourage further accretion of children into employment.
During the year
1999-2000, 72 voluntary agencies spread across 13 States (Andhra Pradesh, Bihar,
Haryana, Jammu and Kashmir, Kerala,
Madhya Pradesh, Maharashtra, Manipur, Delhi,
Orissa, Tamil Nadu, Uttar Pradesh and West Bengal) received grant-in-aid.
1198. Grant-in-aid projects are monitored through periodic reports, field
visits, etc. All State Governments have been directed to
undertake a
comprehensive evaluation of the projects.20
1199. A review of the implementation of
various programmes for elimination of child labour reveals that in order to make
a significant
dent on this age-old social evil, a multi-pronged strategy coupled
with massive mobilization of resources, both physical and financial
is required.
1200. Before considering any expansion of the NCLP, it was considered
appropriate to get the existing projects evaluated through independent
evaluation agencies. Accordingly, five evaluation agencies evaluated child
labour projects in Uttar Pradesh, Tamil Nadu, Andhra Pradesh,
Orissa and
Rajasthan. The report received showed that the magnitude of the child labour
problem can be considerably reduced through
rehabilitation measures by the
projects and that there is need to continue the component of special schools or
camp approach. The
need for awareness-generation among the public was also
highlighted.
Box 8.24: Highlights of IPEC programme in India
– National Consultation with trade unions
– Survey of child labour in sports goods industry
– Workshop on policy changes for elimination of child labour in rural
areas
– State-based approach against child labour in Andhra Pradesh
– Consultation meeting with States on child labour
– Adoption of UN system in India: Position paper on child
labour
– UN-system support of community based education
– Development of training packages on child labour for NCLP project
directors
– Project for providing pre-vocational training skills and basic
education/literacy to child labourers released from bondage
– Combating child labour in stone quarries and brick kilns
– Development of training package on child labour for trade unions at
the State/district level
– Consolidation of work done on the training of labour and factory
inspectors on child labour
– Training module for elected representatives of Panchayati Raj
institutions
– Training module for judicial officers
– Setting up a child labour cell in the State Labour Institute,
Orissa
– Conducting a multi-centric action research study on child labour in
home-based industry
– Sensitising office bearers and members of INTUC and its affiliates
against child labour
– Composite approach against child labour: sensitising and
education
– Sensitising trade unions activists on the worst forms of child
labour and counselling child labourers in distress
– Integrated area-specific approach against hazardous and
exploitative forms of child labour in Ferozabad
– Four integrated area-specific projects to be implemented by NCLPs
in Mirzapur (Uttar Pradesh), Jaipur (Rajasthan), Tripur
(Tamil Nadu), and
Virudhunagar (Tamil Nadu).
|
Source: Annual Report, 1999-2000, Ministry of Labour, GOI
1201. Subsequently, inter-ministerial teams were constituted to
assess the progress made so far under the NCLPs and to ascertain the
strength
and weakness of child labour projects. The team comprising representatives of
the Department of Expenditure, Planning Commission,
Department of Women and
Child Development, Ministry of Labour and Controller of Accounts of the Ministry
undertook extensive visits
to NCLPs at Rangareddy (Andhra Pradesh), Kalahandi
(Orissa), Varanasi (Uttar Pradesh), Sivakasi (Tamil Nadu) and Jaipur
(Rajasthan).
The teams interacted with State Governments, NGOs, officials of the
project, parents of children admitted in the special schools
and representatives
of the public in order to make an objective assessment, and ascertain the
strengths and weaknesses of implementation
of the NCLPs. Some of the
observations and recommendations of teams are as follows:
1202. Thereafter, a Central Monitoring Committee for the overall
supervision, monitoring and evaluation of NCLP has been set-up under
the
Chairmanship of Secretary, Ministry of Labour.
1203. Action is also being
taken at the district and State levels to monitor the pace and progress of
operationalization of NCLPs.
Detailed instructions have been issued to Project
Societies regarding the manner of operationalization of projects, selection and
training of teachers, curriculum, course content and textual material,
evaluation of learning outcomes, mainstreaming of children
etc.
1204. A
revised scheme of NCLPs has been formulated taking into account various
constitutional provisions related to child labour,
the National Policy on Child
Labour, 1987, country’s commitment to various ILO resolutions and
conventions, the present Government
policy on child labour as enunciated in the
National Agenda for Governance and the observations and recommendations made by
the interministerial
teams.21
Box 8.25: Some NGO initiatives
The NGO Forum for Street and Working Children, established in 13
cities, with more than 60 organisations working with street children, has played
an important role in awareness
building and empowerment of street children. The
primary objectives of this group are to promote networking and co-ordination
among
NGOs, groups and individuals concerned with street children and to
initiate and promote a common programme of action in the areas
of health care,
education, awareness-building, etc.
– The Bachpan Bachao Andolan came into being during the
Uttar Pradesh Legislative Assembly election in 1993. It emerged as a strategy by
the South Asian Coalition
of Child Servitude (SACCS), a Delhi-based NGO, to
inject the issue of child labour into the electoral campaign. This group
organises
direct action like raids and freeing children from bondage; mobilising
public opinion on the issue and building pressure groups for
an effective
implementation of child labour laws and rehabilitation schemes.
- The Andolan has State units in UP, Bihar, Madhya Pradesh,
Rajasthan, Maharashtra, Haryana and Delhi. SACCS is the first Asian joint NGO
initiative
against bonded child labour and servitude. The initiative has freed
more than 27,000 children from servitude through raids and with
the help of
Supreme Court and High Court orders—from the carpet, glass, brick kiln,
stone and construction sectors. The group
has developed the Rugmark label.
Besides, it has also set up 14 non-formal schools for working children and two
rehabilitation centres
for freed child labourers.
– The Campaign Against Child Labour (CACL), initiated in 1992,
is a nationwide effort seeking eradication of child labour. It is one of the
most significant advocacy
campaigns, and addresses the question of child labour
as a violation of basic human rights. Its major focus is on the mobilisation
of
public opinion for the eradication of child labour; establishing linkages with
other issues, movements and struggles; and intervening
in specific cases of
child rights violation. At present, CACL is active in 12 States of India.
Within a short span of eight years,
it has succeeded in building up a
network of more than 500 social action groups, voluntary organisations and
activists to work together
on the issue of child labour. A two-pronged advocacy
strategy has been adopted—that of building public opinion on child
labour and using both conventional and non-conventional media, and of
persuading the Government to enforce existing laws and to enact
legislations to
ensure the rights of children.
– The M V Foundation, established in 1981, has been combating
child labour and providing non-formal education, particularly for girl children
and bonded
labourers in the agricultural sector of Rangareddy district of Andhra
Pradesh for over a decade. The child labour project was instituted
to provide
non-formal education to working children and thereby to motivate them to enrol
in regular schools.
– The project is operational in 10 mandals and 300 villages of
Rangareddy districts. Over 80,000 children in the 5-8 age group have been
enrolled into schools and have been
retained. These include 1200 formerly bonded
children and 25,000 adolescents girls who have been released from work and have
been
enrolled
and retained in schools. Over 500 teachers were appointed through the
Parent-Teacher Association/Community/Gram Panchayat support. Over 1200
para-teachers, 7000 youth volunteers and 300 government teachers have been
motivated and trained by the M V Foundation,
and they in turn have motivated
parents to release their children from work and send them to school. Strong
community participation
is the hallmark of the programme’s success.
Parents committees and village level committees were formed to help the local
community
understand the importance of educating their children. An advocacy
campaign was launched in the community and as part of this, posters,
handouts,
spots in the electronic and print media were used to raise awareness of parents
and teachers about the importance of universal
primary education.
– The Pratham Mumbai Education Initiative adopted the
plan of using early childhood education as a stepping stone to universalise
primary education when it started work in
the city of Mumbai. Begun with UNICEF
initiative, Pratham’s defined objective is to ensure that all
children in the age-group of 3-10 years in Mumbai city are enrolled in
pre-school centres
or primary schools. Pratham has developed a low-cost
and effective model for ECCE that is community based.
– The Mabadi (our school) project in Andhra Pradesh has
set up schools run by the local community with support from the Integrated
Tribal Development
Authority (ITDA). Mabadi is a full-time school and has
classes upto class II. After completion of the course at Mabadi, the
teachers encourage parents to admit their children to the nearby ashram
or residential schools. A local youth who has received education upto class
VII is appointed by the village education committee (VEC)
to teach in the
school.
– The Lok Jumbish (people’s movement) project in Rajasthan
tries to address the needs of children who have been left out
of the mainstream
educational system through the Sahaj Shiksha Kendras (non-formal learning
centres).
|
Source: Year 2000 Assessment—Education for All, Children: Work and Education, Rethinking on Out-of-School Children, April 2000, NIEPA, MHRD and Child Labour in India, Lakshmidhar Mishra, 2000, Oxford
Future strategies
1205. Child labour is a violation of Child
Rights in the most extreme manner, and adversely affects health, education,
recreation
and optimal development of children. Child labour does not allow a
child to develop upgraded skills, and hence traps the child in
ill health,
illiteracy and poverty.
1206. A study commissioned in Karnataka by the
Commissioner for Labour, Government of Karnataka and UNICEF, Hyderabad, on child
labour
in the sectors of agriculture, domestic work, sericulture and hotels
attempts to reconcile the diverse views on child labour and
has indicated a
minimum non-negotiable agenda for action, which is imperative from a human
rights and child rights perspective.22
Box 8.26: Rapid assessment of child labour in a few
districts
The National Child Labour Project (NCLP) was formulated with the basic
objective of suitably rehabilitating children withdrawn from
employment through
education in special schools/learning-cum-rehabilitation centres, where they
were provided non-formal education,
vocational training, stipend, nutrition,
etc. In view of this, 26 such districts in 9 states have been identified under
the NCLP
by the
Ministry of Labour for consideration of UNICEF. The Ministry has requested
UNICEF to develop a comprehensive communication and social
mobilisation strategy
for the elimination of child labour in the country, with an initial focus on
four districts in four states,
representing different regions of the country,
viz. Rangareddy in A.P., Kalahandi in Orissa, Varanasi in U.P and Udaipur in
Rajasthan.
In order to develop this communication strategy, a rapid assessment of
child labour was commissioned in the four districts. The assessment
involved
various dimensions of child labour such as the age of children involved in child
labour, types and magnitude of child labour
prevalent in the area, factors
influencing child labour, role of government, international agencies, NGOs and
mass media in eliminating
child labour, and Information, education and
communication (IEC) strategies followed at present.
The rapid assessments have thrown a lot of light on the nature and extent
of child labour in these districts, their conditions of
work, perceptions of
employers, parents and children engaged in child labour, inadequacy of
implementation of child labour laws,
shortcomings of the NCLP schools, lack of
coordination between various government departments in tackling child labour
issues, lack
of awareness on welfare schemes, and the low profile of IEC
activities.
|
Source: Rapid Assessment of Child Labour, Draft report submitted to UNICEF, ORG Centre for Social Research
Some of the major proposals suggested by the study in its agenda for action are:
1207. Efforts and initiatives of many States for the
elimination of child labour have culminated into action plans. At a time when
human resource development is gaining centre-stage as a precondition of human
development, child labour cannot be a peripheral issue.
The magnitude of child
labour being enormous in India, the stakes are also high. It is being realized
that child labour elimination
needs a multisectoral and multidimensional
approach and the emerging action plans are a statement of this
approach.
1208. For example, the Vision 2020 document of Andhra Pradesh
clearly outlines, “A major element of the strategy to achieve
Vision 2020
will be to work towards removing all the environmental and structural
constraints that inhibit the fullest development
of the children of Andhra
Pradesh.” Towards this end, an Action Plan for the Elimination of Child
Labour has been developed.
Among the major proposals in the Action Plan are:
2. Drug Abuse
Introduction
1209. The problem of drug abuse has emerged as a major
concern having far reaching socio-medical and economic consequences. The process
of industrialization and the consequent urban drift, stresses and strains of
modern life have rendered individuals more vulnerable
to substance abuse than
ever before. Addiction to drugs does not merely affect the physical and mental
health of the individuals
involved, it also disrupts their families and social
relationships. An addict is not only a loss to himself or herself but also to
society as a productive individual and to the nation as an asset for
development. This trend is ominous for a developing country
like India, which is
still struggling to overcome its basic problems of poverty, hunger and disease.
1210. The use of dependence-producing substances, in some form or the other,
is not new. In India too, the abuse of alcohol, opium
and cannabis has been
known for long, but the consumption of drugs like heroin, hashish, LSD, etc., is
altogether a new trend. Within
the last decade or so, the extent of usage of
such drugs in various segments of society has acquired alarming
dimensions.
1211. Today, India is no more merely a transit country for
illicit trafficking of drugs from the “golden triangle” or
“golden crescent”, but is also becoming a significant consumer in
the global scenario. As long as addiction was a problem
of certain individuals
or socially alienated groups and was well contained by informal social control
mechanisms, it did not evoke
much attention. Now, with its spread amongst all
sociocultural and economic strata and an increasing perception of its disruptive
influence on the individual, the family and society at large, drug abuse has
emerged as a vital issue for planners.
1212. Experience has shown that the
demand for drugs can be curbed effectively only in a climate of abstinence among
the people, that
can be created by propagating a lifestyle that rejects the use
of dependence producing substances. By and large, abstinence is still
deeply
rooted in our culture and is strongly supported by the family, community and
religion.1
1213. The estimated or projected number of drug
abusers in India is 3 million and that of drug dependants is 0.5-0.6
million.2 Drug addiction is especially severe in the North-Eastern
states of the country.3
1214. The Ministry of Social Justice and
Empowerment, GOI, has embarked upon the first ever initiative in collaboration
with the
UNDCP for carrying out a national survey to assess the extent, trend
and pattern of alcohol and drug abuse in the country. This
survey provide
authentic information on the actual dimensions of the problem and facilitate
appropriate need-based interventions
to address the problem of alcoholism and
drug abuse in the country.4
Box 8.27: Kinds of drugs used by children
According to the NGOs working in the area, the most commonly used
intoxicants used by children in Gujarat are betel, thinner (acetone),
petrol,
solvent oil, opium, snuff, gutkha, hukka, beedi, and
locally brewed liquor. Children have also been known to be involved in the
illicit trafficking of liquor. Gujarat is a dry
state and prohibition is in
force throughout the state.
|
Source: Gujarat State Report, Government of Gujarat
International instruments
1215. India is a signatory to all the
major global conventions related to drug abuse. At the regional level, it has
signed the South
Asian Association for Regional Cooperation (SAARC) Convention
on Narcotic Drugs and Psychotropic Substances, 1990. Besides, India
has also
signed many bilateral agreements with various countries on combating drug
trafficking. These conventions and agreements,
however, remain ineffective,
because most neighbouring countries, although signatories to the bilateral
agreements, are yet to translate
them into national legislation.
1216. Through various governmental efforts, India is trying to make these
countries realize the threats posed by drug trafficking
to their societies and
polity. The Indian Government has also initiated efforts to sign a convention at
the regional level to check
the smuggling of chemicals known as
“precursors” that are essential to produce heroin out of
opium.
1217. The Indian Government adopted a United Nations-sponsored Single
Convention in 1960 on narcotic drugs, which instantly criminalised
use of
intoxicants in any form, save the consumption of alcohol.
Legislative measures
1218. In India, the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985, provides the current framework for drug abuse control in the country. Essentially, the Act deals with supply reduction activities. However, certain provisions for health care of drug-dependent individuals exist. It authorizes the GOI to take necessary measures for identification, treatment, after care and rehabilitation of addicts and preventive education. It also gives the Central Government the power to establish, maintain and regulate treatment centres. The Act permits supply of “drugs” to registered addicts, and use of these substances for medical and scientific purposes.
Box 8.28: 125,170 drug addicts in India, says United
Nations report
Of the four million registered drug addicts in South Asia, 125,170 are in
India, according to latest figures quoted by a United Nations
report. Among the
drug-takers in India, 42 per cent use alcohol, 20 per cent opium, 13 per cent
heroin, 6.2 per cent cannabis and
18 per cent other drugs, according to the
‘Drug demand reduction report on South Asia’ of the United Nations
International
Drug Control Programme (UNDCP).
Stating that there had been reports of increase in abuse of prescription
medicines like buprenorphine, morphine, pethidine, propoxyphene,
nitrazepam and
diazepam, the report said adulterated heroin (smack) abuse had also witnessed an
upward trend with such users now
estimated to be around 40,000.
“Dependence on psychotropic substances is of very recent origin. Most of
these substances are
medicinal compounds that are controlled, and obtained
through the illicit market,” it said. Pointing out that drug users were
mostly unmarried, from the lower socio-economic strata and self-employed, it
said 33 per cent of them were engaged in anti-social
activities.
The report
said while traditional use of opium was continuing in Punjab, Rajasthan, Madhya
Pradesh, Uttar Pradesh and Gujarat, injectable
heroin was more prevalent in the
north-eastern states.
|
Source: United Nations Information Service
1219. The Act provides a
light penalty for possession of a small quantity of drugs (defined as per
Government notification) for personal
consumption. In such a situation, a person
may be directed by the court to undergo treatment in recognized treatment
centres.
1220. With the passing of the NDPS Act, cultivation and consumption
of cannabis, which were native to India for centuries, was criminalised
and
rendered illegal.
1221. As a follow up to the Act, the GOI created the
Narcotics Control Bureau (NCB) in
March 1986 and empowered it to coordinate
all activities for administration and enforcement of the Act.
1222. Under
the NDPS Act, an advisory committee called the Narcotic Drugs and Psychotropic
Substances Consultative Committee was constituted
in February 1988 to formulate
a national policy towards drug control measures. The 20-member committee was
broad-based and included
members of Parliament, professional experts, social
scientists, and secretaries of all concerned Central Government ministries. A
National Fund for Control of Drug Abuse was also established. Several other
measures followed.
1223. Following recommendations made by an expert
committee, five centres were established with Central Government assistance. In
July 1988, specific programme documents were developed on drug demand reduction
as a collaborative activity between UNFDAC (now UNDCP)
and GOI.
Programmes
and interventions
1224. In order to tackle the problem of drug abuse in the country, the Government has adopted a two-pronged strategy of supply control and demand reduction of drugs. While the aspect of control of supply is taken care of by the Narcotics Control Bureau and the police, the Ministry of Social Justice and Empowerment has the responsibility of looking after the educational and rehabilitation aspects of drug addiction. The Ministry is working towards:
Approach
1225. Drug abuse and alcoholism being a psycho-socio-medical problem, the approach of the Ministry of Social Justice and Empowerment is to provide a whole range of services including:
1226. The thrust is being laid on preventive education programmes and reintegration of addicts into the social mainstream of society. The Ministry of Social Justice and Empowerment has revised the scheme for Prevention of Alcoholism and Substance (Drugs) Abuse. The scheme has been implemented from 1 April 1999 in the light of the approach and objectives envisaged in the Ninth Five-Year Plan.
Box 8.29: Institutional measures
Two types of efforts—deaddiction and counselling, are being made in
Rajasthan. Presently 13 centres have been functioning in
the State. Among them,
seven are drug-deaddiction centres and six drug counselling centres; the former
take curative measures, the
latter preventive measures. Most of these centres
are in the western part of Rajasthan—7 in Jodhpur and 2 in Bikaner
districts
where use of opium is common. There are three centres in Jaipur
district and one in Bharatpur district. Through these centres are
not
exclusively for children, yet a large number of adolescents benefit from them.
Each centre has a capacity for accommodating 15-30
beds. These institutions are
being run by NGOs with government aid under the scheme for Prohibition and Drug
Abuse Prevention by
the GOI. NGOs receive 90 per cent of grant for this
purpose.
|
Source: Rajasthan State Report on CRC, Government of Rajasthan
1227. While the Government provides financial support to the organizations for institutionalized activities, the stress is now being laid on mobilization of community participation through setting up of treatment-cum-rehabilitation and drug awareness, counselling and assistance centres for awareness building, screening of addicts, counselling to addicts and their families, referral of hard-core addicts and follow-up assistance to former addicts. The programme has now expanded to cover most States and Union Territories through setting up of:
1228. These centres provide community-based services for awareness building, screening of addicts, counselling to addicts and their families, referral of hard-core addicts to treatment-cum-rehabilitation centres and follow-up assistance to former addicts.
1229. These centres provide community-based services for awareness, identification, motivation, counselling, deaddiction, after-care and reintegration of addicts into the social mainstream.
1230. To give wider coverage, deaddiction camps have been provided in urban and rural areas where treatment-cum-rehabilitation centres have not yet been established but there is a need for the service. These camps are organised only by organizations which are running treatment-cum-rehabilitation centres.
1231. In order to encourage a workplace prevention programme, financial assistance of up to 25 per cent of the expenditure for the setting up a 15-bedded or 30-bedded treatment-cum-rehabilitation centre is provided to industrial units/enterprises having at least 500 workers on their rolls.
1232. There is still much ignorance
in society about the ill-effects of drug abuse on the individual, the family and
the community.
The Government therefore took a deliberate decision to set up
awareness generation programmes, including seminars, conferences, workshops,
corner meetings, essay/debate competitions, publicity through mass media, etc.
Several radio and TV programmes have been launched
and films produced to create
awareness about the role of parents, teachers and opinion leaders in the
prevention of alcohol and drug
abuse. Voluntary organisations are being
financially assisted to undertake educational work amongst the community and
target groups.
1233. The total number of centres was 432 in December 1999,
of which 176 were drug awareness, counselling and assistance centres
and 256
were treatment-cum-rehabilitation centres. (see table 8.9).
1234. In order to provide for better
training and qualified personnel amongst the service providers, the Government
in, collaboration
with UNDCP and ILO, has taken up a number of projects
including the Community Drug Rehabilitation and (Workplace) Prevention
Programme.
Under this programme, 20 NGOs have been identified in different parts
of the country with the objective of training at least 4,000
service providers
in rehabilitation of drugs.
1235. The Government has also launched two major
projects—Community-wide Drug Demand Reduction in India and Community-wide
Drug
Demand Reduction in the North-East States of India, to be implemented in
collaboration with UNDCP and ILO during the year 1999-2000.
1236. The
projects are expected to result in the biggest ever GOI-UNDCP/ILO collaborated
initiative for demand reduction in terms
of allocation of external resources
and coverage and developing the capacity of the programmes and the institutions
involved to
adequately address the increasing incidence of alcoholism/drug
addiction in the country.
1237. The projects have been designed specially
keeping in mind the needs of the north-eastern States of the country, the border
regions,
the high-risk groups and the disadvantaged sections of the
society.4
1238. Monitoring forms an integral part of the scheme for Prevention of Alcoholism and Substance (Drugs) Abuse. The programme is evaluated on the basis of information and statistics pertaining to addicts coming for counselling/treatment, collected in prescribed proforma on a quarterly and annual basis from the treatment-cum-rehabilitation centres and counselling centres funded by the Government. The feedback enables the Ministry of Social Justice and Empowerment to evaluate the performance of voluntary agencies. The State Governments/UT administrations conduct yearly inspection of the agencies and send their report to the Ministry. Further instalments of the grant are released only on the basis of the inspection report and recommendation of the State Governments or designated agencies. Further, to evolve a more effective monitoring/evaluation mechanism under the scheme, services of retired defence personnel are also being utilized for inspection/evaluation of NGOs.5
Table 8.9: Number of NGOs and
counselling/treatment-cum-rehabilitation centres
|
|||
State
|
Number of NGOs
|
Counselling centres
|
Deaddiction centres
|
Andhra Pradesh
|
14
|
2
|
12
|
Assam
|
6
|
2
|
4
|
Bihar
|
25
|
16
|
11
|
Goa
|
3
|
4
|
1
|
Gujarat
|
7
|
6
|
7
|
Haryana
|
12
|
9
|
11
|
Jammu and Kashmir
|
2
|
-
|
-
|
Karnataka
|
11
|
3
|
10
|
Kerala
|
21
|
14
|
15
|
Madhya Pradesh
|
10
|
2
|
9
|
Maharashtra
|
39
|
9
|
37
|
Manipur
|
20
|
11
|
17
|
Meghalaya
|
2
|
1
|
2
|
Mizoram
|
8
|
4
|
6
|
Nagaland
|
7
|
2
|
6
|
Orissa
|
31
|
8
|
28
|
Punjab
|
12
|
4
|
13
|
Rajasthan
|
8
|
4
|
7
|
Sikkim
|
1
|
1
|
-
|
Tamil Nadu
|
28
|
25
|
11
|
Tripura
|
2
|
1
|
1
|
Uttar Pradesh
|
52
|
30
|
26
|
West Bengal
|
18
|
10
|
11
|
Chandigarh
|
2
|
1
|
1
|
Delhi
|
7
|
6
|
7
|
Pondicherry
|
2
|
1
|
1
|
Total
|
350
|
176
|
256
|
Source: Annual Report, 1999-2000, Ministry of Social Justice
and Empowerment, GOI
Thrust areas for the future
1239. Special attention is being given to tackle the drug abuse problem amongst the socially and economically vulnerable groups such as street children. A project on reducing risk behaviours and HIV/AIDS/STD and drug abuse among street children has been undertaken by the Ministry, UNDCP, UNICEF, WHO, NACO and ODA. City-level plans have been prepared for the cities of Mumbai, Delhi, Hyderabad, and Calcutta and a National Action Plan has been formulated.
1240. In consonance with the directives of the Prime Minister of India, a special focus has been given to the Drug Abuse Prevention Programme in the North-East, where a three-pronged strategy has been adopted:
1241. Five training programmes for trainers, 15 training courses for service providers in the North-East and training of service providers in reputed centres are also being implemented. A committee has been constituted by the Ministry to visit the north-eastern states to review the working of existing NGOs, exploring possibilities for opening new centres and identifying service providers for the purpose of training.6
3. Sexual Exploitation and Abuse
4. Sale, Trafficking and Abduction
Constitutional provisions
1242. Article 23 of Part III of the Indian Constitution relates to Fundamental Rights and, under the caption “Right Against Exploitation”, prohibits the trafficking of human beings and provides that any contravention of this right shall be an offence punishable by law. The Directive Principles of State Policy under Part IV of the Constitution in Article 39(e) and (f) declare that state policies should be directed towards securing that the tender age of children is not abused and that childhood and youth are protected against exploitation and material abandonment.1
1243. Building on the constitutional principles, the
suppression of Immoral Traffic in Women and Girls Act was enacted in 1956. The
Act was amended in 1986 and retitled as the Immoral Traffic (Prevention) Act
(ITPA). The amended Act continues to prohibit prostitution
in its commercialized
form without making prostitution an offence per se. Section 26 (b) of the Act
states “Prostitution means
the sexual exploitation or the abuse of a
person for commercial purposes and the expression ‘prostitutes’
shall be construed
accordingly.” The Act prescribes stringent action
against those inducting children (below 16 years) and minors (16 to
18 years)
for the purpose of prostitution. If the offence is committed
against a child, the punishment is rigorous imprisonment for a term
not less
than 7 years, which may extend to life. The Act provides for the setting up
of protective homes for adult prostitutes rescued
from
brothels.2
1244. The Act does not directly deal with child
sexual abuse but the definition of a neglected juvenile includes a juvenile who
lives
in a brothel or with a prostitute or frequently goes to any place used for
the purpose of prostitution or is found to associate with
any prostitute or who
is being or is likely to be abused or exploited for immoral or illegal purposes.
Such neglected children are
produced before a Juvenile Welfare Board who may,
after an inquiry, send the child to a Juvenile Home for care, protection and
rehabilitation.
1245. Under the Juvenile Justice (Care and Protection) Act,
2000 a prostitute’s child is automatically a neglected child. The
magistrate has the power to segregate the prostitute from her child and place
the child in a corrective institution. Both boys and
girls below the age of 18
are considered children.
1246. The Indian Penal Code (IPC) deals with sexual
abuse of children in the form of rape (section 375), unnatural practices
(section
377), molestation and outraging the modesty. Exploitation is addressed
in the form of obscenity, indecent representation, selling
and procuring persons
for the purpose of prostitution and trafficking (sections 372 and
373).
1247. The common forms of sexual abuse of children do not come under
the definition of rape. Section 375 of the Indian Penal Code
defines rape.
Section 376 of the Indian Penal Code provides for the punishment of rape which
shall not be less than seven years but
which may be for a term that may
extend to ten years, unless the woman raped is his own wife and is not
under twelve years of age,
in which case, he shall be punished with
imprisonment for a term which may extend to two years or with fine or
both3.
Definition
1248. There have been a number of
definitions of the phrase “child sexual abuse” (CSA). CSA has been
defined as any kind
of physical or mental violation of a child with sexual
intent, usually by a person who is in possession of trust or power
vis-à-vis
the child. CSA is also defined as any sexual behaviour directed
at a person under 16, without informed consent. There is no uniformly
accepted
definition of child abuse.
1249. What emerges from these definitions is that
CSA covers the sexual mistreatment of both children and young people. The
perpetrator
can be anyone who exploits the child’s vulnerability to gain
sexual gratification. It can also include activities which do
not involve direct
touching. Sexual exploitation takes different forms such as:
1250. Trafficking has been defined by the United Nations General Assembly as the illicit and clandestine movement of persons across national and international borders, illegally from developing countries, with the goal of forcing women and girl children into economically oppressive and exploitative situations for the profit of recruiters, traffickers and crime syndicates.5
International Conventions
1251. The Convention on the
Elimination of all Forms of Discrimination against Women (CEDAW) enjoins State
Parties to take all appropriate
measures, including legalization, to suppress
all forms of traffic of women.6
1252. India is in the process of
ratifying the International Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially
Women and Children.
1253. It is difficult to estimate the number of
girl children living in the brothels of major cites because the adults who
control
these children are aware of the significance of their crime and thus
keep the children hidden. The only reliable numbers available
concern
prostitution in the six major cities studied by the GOI in 1994 (Calcutta,
Mumbai, Delhi, Chennai, Bangalore and Hyderabad):
30 per cent of prostitutes in
these cities were under the age of 20 and 39.4 per cent entered the profession
before they turned 18
(GOI, 1994). Evidence provided by social workers in
red-light districts supports these figures.
1254. The question that must be
asked concerning the stable child-prostitute population, then, is how these
girls arrive in brothels
at such a young age. The demographic breakdowns of the
prostitute populations, combined with the testimonies of social workers, reveal
that the bulk of prostitutes within a city were born in the rural areas
surrounding the city and were brought in by traffickers,
although a substantial
percentage are trafficked over longer distances. Only 4 per cent of the
prostitutes interviewed in a study
done in Calcutta in 1990 were born within
Calcutta itself, for example, while 73.8 percent were born in West Bengal.
1255. Two thirds of the original families of the prostitute population
studied by the GOI (1994) lived below the poverty line; 36
per cent were from
the Scheduled Castes and Scheduled Tribes and 24 per cent were from the backward
classes. Economic stress, combined
with the discrimination suffered by an Indian
girl within her family, pushes her into prostitution. Families sometimes force a
girl
to become a prostitute to earn extra money. Even in the absence of
financial stress, oppression of girls within the family could
cause their entry
into prostitution. Eight per cent of child prostitutes found themselves in
red-light areas after fleeing incest,
according to the Indian Health
Organisation.
1256. Such conditions make young girls easy targets for
traffickers and/or family members who want to make a profit. Traffickers make
it
their business to canvass regions that are particularly impoverished. Some
traffickers, however, simply abduct their victims.
Family members are also
frequently responsible for pushing a girl into prostitution. Of a sample of
1,000 women and girls in prostitution,
353 of them (33 per cent) said family
members forced them to become prostitutes. Family members might sell the girl to
a trafficker,
or they might simply undertake the operation themselves. The
girl’s desire for a better life and her belief in the quasi-mythological
glamour of the cities contribute to her decision to accompany the older woman,
but the girl is invariably kept ignorant about what
her life in the city will
actually become.
1257. The average prostitute has frequent abortions.
Prostitutes, barred forever from mainstream family life, create their own
families
by refusing to abort at least one of their pregnancies and then raising
the child in the red-light districts. That they raise their children as
lovingly as possible is proved by the 32 per cent rise in the literacy rate
between the
generation of prostitutes studied by the GOI (1994) and that of
their children. Yet the daughters of prostitutes overwhelmingly become
prostitutes.
1258. The brothel environment explains much of this
phenomenon. Consciously or not, these girls often come to view their
mother’s
subjection as a glimpse of their own inevitable future. This
feeling of hopelessness is intensified by the sexual abuse at the hands
of
brothel owners and pimps that most daughters of prostitutes suffer at least once
in their childhood. Ostracism suffered in the
primary school, where
prostitutes’ children have no answer when asked the name of the father,
reinforces their feeling that
they will never be accepted in the mainstream
society.7
1259. According to the study done by the Joint
women’s programme, the problem of trafficking cannot be viewed in
isolation.
It stems from gender inequalities, low literacy and poverty, cultural
practices and traditions. It is also found to be rampant in
poor,
drought-affected and backward districts. Some major causes of child
prostitution are:
Plan of Action
1260. The
Supreme Court of India passed an important judgement on the subject of
commercial sexual exploitation of children and women
in the case of Gaurav Jain
vs Union of India on
9 July 1997 and directed, inter alia, the
constitution of a committee to make an in-depth study of the problems of
prostitution, child
prostitutes and children of prostitutes, and to evolve
suitable schemes for their rescue and rehabilitation.
1261. In pursuance of
the directions of the Supreme Court, the committee on prostitution, child
prostitutes and children of prostitutes,
headed by the Secretary, Department of
Women and Child Development, made an in-depth study of the commercial sexual
exploitation
and trafficking of women and children, by widely touring across the
country and meeting law enforcement officers, officers in charge
of the boards
of the Department of Women and Child Development, Social Defence, Scheduled
Castes/Scheduled Tribes Welfare, and NGOs.
Reports of CSWB, NCW and of the
Central Advisory Committee on eradication of child prostitution were also
studied. On the basis of
this exercise, a Plan of Action to combat trafficking
and commercial sexual exploitation of women and children has been drawn
up.9
1262. This Plan of Action guides the actions of all
ministries/departments of Central Governments, State Governments, NGOs, the
public
and private sector and other sections of the civil society. The Plan of
Action aims to look into (a) prevention, (b) trafficking,
(c) awareness
generation, (d) health care, (e) education and child-care, (f) housing, shelter
and civic amenities, (g) economic empowerment,
(h) legal reform and law
enforcement, (i) rescue and rehabilitation and (j) institutional
machinery.10
1263. Protective Homes have been established
by Government under Section 21 of the ITPA exclusively for girls/women detained
under
ITPA and also for those who seek protection from being forced into
prostitution. The number of such protective homes is estimated
to be about 80.
These homes provide custodial care and protection in addition to providing
education and vocational training and
arranging marriage for rehabilitation of
the inmates.
1264. The Central Social Welfare Board provides financial
assistance to NGOs to run Development and Care Centres for the children
of
victims of prostitution. These centres are set up in red light areas and
provide facilities of crèche and day-care centres,
educational support
programme, supplementary nutrition, health care, counselling, excursions, etc,
and are manned by trained social
workers and trained teachers. The Ministry of
Social Justice and Empowerment also provides financial assistance to NGOs for
rehabilitation
of children of prostitutes.
1265. In some red light areas,
projects have been sanctioned by the GOI for starting centres under the ICDS.
However, the response
from the NGOs in starting these sanctioned centres is not
encouraging. A number of voluntary agencies are also independently involved
in
the care and rehabilitation of women victims, including child victims and
advocacy for their problem. Projects for rehabilitation
of devdasis,
jogins, women victims, are also taken up under various schemes for training
and employment of women like Support for Training and Employment
Programme
(STEP), setting up of Training cum Production Unit (NORAD) and by Shramik
Vidyapeeths assisted by the Central Government.
1266. A 40 per cent
reservation for women has been provided under the integrated rural Development
Programme. The Rashtriya Mahila Kosh (National Women's Saving) has been
set up to provide micro-credit to poor women in the informal sector with low
transition cost through
the mediation of NGOs.
1267. In the last
few years, the Government has initiated national-level activities like the
Total Literacy Campaign (TLC), Integrated
Child Development Services (ICDS),
Training Rural Youth for Self-Employment (TRYSEM), Jawahar Rozgar Yojana
(Jawahar Employment Scheme), etc., to address illiteracy, ill-health, poverty
and other retarded areas of development.
1268. All over India, State
Governments are making considerable efforts to stop the induction of girls into
commercial sex trade by
strengthening the primary school system. Further,
through the implementation of ICDS, parents are motivated to send their girl
children
to school.
1269. The Governments of Andhra Pradesh, Madhya Pradesh
and Orissa have felt that the problem of child prostitution is linked to that
of
the general problem of prostitution in society. A number of steps have been
initiated for the development of girl children in
the recent past. In these
states, various programmes of economic development in several trades have been
undertaken by the State
Government. The children of prostitutes are also given
preference in admission to schools and vocational training institutes. In
addition, income-generating assets like milch cattle, and training in
micro-business enterprises, rope and basket making, etc., are
also being
provided to them.
1270. In Madhya Pradesh, the State Government has
initiated the Jawali Yojana to tackle the issue of girl child
prostitution by social reform in the Bedia community. The scheme would be
implemented in two stages.
The first stage would comprise enrolment of
six-year-old girls in primary schools. The second stage would be to admit the
girls in
middle schools or provide vocational education or training so that they
do not fall prey to the flesh trade.
1271. Thrift and credit groups and
self-help groups are popular in Maharashtra, Tamil Nadu, Karnataka and Andhra
Pradesh. Through
the Rastriya Mahila Kosh (RMK), the Government is
providing funds to NGOs, which in turn fund self-help groups of women.
1272. In Mumbai, a special unit called the Juvenile Aid Police Unit (JAPU)
has been formed to deal with cases of juveniles who are
pre-delinquent, socially
handicapped and victimized. The social security scheme of the police came into
operation in 1976 in the
wake of a series of complaints of young girls being
lured away from their homes by traffickers and sold to brothels. The object of
this scheme is to assist and guide young boys and girls who come in search of
employment to Mumbai. The police officials maintain
a special vigil in and
around State transport bus stands and railway stations. Special attention is
paid to girls. It is the endeavour
of the police to ensure that these minors who
have come to Mumbai without the knowledge of their parents, do not fall into
wrong
hands. The girls are sent to various reception centres for temporary
shelter, and after due enquiry they are restored back to their
homes, failing
which they are sent to different institutions for
rehabilitation.11
1273. The Department of Women and Child
Development is implementing various schemes for the welfare of
“devdasis”—girls who are “married off” to
the local deity and who become prostitutes. In 1990, the Government of
Maharashtra
appointed a study group under the chairmanship of Prakash Awade for
their rehabilitation. On the recommendation of the study group,
a number of the
schemes are being implemented in Maharashtra.12
1274. A monthly pension of Rs 300 is sanctioned to devdasis upon the following terms and conditions:
1275. Financial assistance of Rs 10,000 is
given for the marriage of unmarried devdasis or for the marriage of the
daughter of a devdasi. An amount of Rs 2,000 is sanctioned for the
marriage expenses and an amount of Rs 8,000 is deposited in the joint bank
account
of the newly married couple.14
1276. Compelled to
wander from one village to another to earn a living, without any support from
family or relatives, most devdasis turn to prostitution. As a result,
their daughters end up as devdasis too. To break this cycle,
rehabilitative hostels, which provide vocational training and education, have
been built as Gadahinggalaj,
district Kolhapur, Maharashtra and at Jat, district
Sangli, Maharashtra. Each hostel houses 75 boys or
girls.15
1277. The devdasi system is a kind of
superstition. It is necessary to work continuously to eradicate such
superstitions from society, it is not enough
to awaken the minds of the
devdasis alone. Hence, an assistance of Rs 10,000 per year is given
to registered NGOs who work for eradicating the devdasi system from
society.
1278. Seed capital up to Rs 35,000 is sanctioned to
devdasis to start small businesses concerned with agriculture, transport,
rural development, cottage industries, small-scale industries, etc.
A loan of up
to Rs 35,000 is sanctioned by nationalized banks. While getting the loan
from the bank, 25 per cent of the seed capital
is deposited in the bank by the
State Government and the bank pays the consolidated amount to the
devdasis. This 25 per cent is recovered by the State Government from the
devdasis at an interest of Rs 4 per annum and the loan sanctioned
by the bank is recovered from the devdasis with interest at the rate
prescribed by the bank.16
1279. Scheme of Financial
Assistance to Destitute Widows for Re-Marriage and Devdasi’s
Marriage: Financial Assistance of Rs 10,000 is being given for the
marriage of destitute widows. The destitute widow should be in the age group
of
18 and 35 years and she must be domiciled in Karnataka for more than
5 years. The Annual income should be as per the Integrated
Rural
Development Programme norms. Rs 5,000 is given to the couple to meet the
expenses of the marriage and the remaining amount
of Rs.5,000 should be kept in
the form of National Saving Certificate in the name of widow. Financial
Assistance of Rs10,000 is being
given to a couple where the bride is a
Devdasi. The Devdasi women should be in the age group of 18 to
35 years. The Devdasi women/girl must be domiciled in Karnataka for
more than 2 years. The suitor should be above 21 years of age at the
time of submitting
application. He should have a permanent source of income not
less than Rs 500 per month.
Box 8.30: Convention of Rehabilitated Devdasi
Women
The National Commission of Women and the Karnataka State Commission of
Women convened a convention of the rehabilitated devdasi women on
11th and 12th September 1997 with the co-operation of
Karnataka SC/ST Development Corporation, Karnataka State Women Development
Corporation and
Vimochans, an NGO in Belgaum, Karnataka. About 500
rehabilitated devdasi women participated in the convention. The
representatives of the rehabilitated devdasi women presented their
experience and the problems faced by them during the convention.
The following are some of the resolutions were made during the
convention:
|
Source: Karnataka State Report, 2001
1280. Special Cell for the Eradication of Social Evils: A Special Cell was created in the Directorate of Women and Child Development with two Mini Cells attached to the District Offices of the Assistant Director of Women and Child Development at Belgaum and Raichur in order to deal with the eradication of various social evils such as Dowry system, Child Marriage, Devdasi System, Drug Addiction and atrocities on women. The functions of the cell are:
1281. Publicity campaigns are held in the districts to create awareness among public on the amended Dowry Prohibition Act, Devdasi Act (Prohibition of Dedication) and other social evils prevalent in society. Workshops and Seminars are also conducted to create awareness about the benefits available under various schemes of the Department.17
Rehabilitation and reintegration
1282. Under Section 21 of
the ITPA, 1986 the Government has established protective homes. These homes
provide custodial care and protection
in addition to education and vocational
training and arranging marriage for rehabilitation of the inmates.
1283. The
Government also has an extensive network of short stay homes and juvenile homes,
set up under the Juvenile Justice (Care
and Protection Children) Act, 2000, for
protection and rehabilitation of victims. The services of qualified doctors and
psychiatrists
are available in the short stay homes. The Central Social Welfare
Board provides financial assistance to NGOs to run child development
and care
centres for the children of sex workers. These centres, set up in red-light
areas, provide crèche and day-care facilities,
supplementary nutrition,
health care, counselling and educational support programmes and are manned by
trained social workers and
trained teachers.18
1284. The
Beijing Platform for Action (PFA) succeeded in bringing to the forefront of the
international human rights agenda, the issue
of trafficking of girls and women
into prostitution. The PFA resulted in an intensification of international
discourse at the ideological
level. At the regional level, further empowered by
the PFA, women’s organizations in South Asia lobbied for an intercountry
instrument that would provide a framework for preventing and controlling
trafficking. The Rawalpindi Resolution, 1996, urges member
states to combat
inter and intra-country trafficking in children; abolishing hazardous child
labour by the year 2000 and to end all
forms of child labour by
2010.19
1285. At the SAARC Summit in Male, 1997, member states
(including India) agreed to work together to eliminate trafficking, and towards
this end the creation of a regional convention on trafficking was initiated. The
Convention on Preventing and Combating Trafficking
of Women and Children into
Prostitution has been drafted and is expected to be ratified at the next SAARC
Summit. This convention
seeks to take measures to prevent cross-border
trafficking through proper international and governmental coordination, as well
as
harmonizing various laws and legal provisions relating to trafficking and
rehabilitation of rescued victims.
1286. At the UNIFEM South Asian regional
workshop on trafficking in women and children (May 2000), the intercountry South
Asia Forum
against Human Trafficking (SAFATH) was established to facilitate and
support activities of national, regional and local networks
and organizations,
as well as to facilitate an exchange of information and experience among
members.
1287. India is a signatory to most of the international human rights
instruments that are relevant to the prevention of all forms
of sexual abuse and
exploitation and to the effective protection of child victims. The Conventions
are as follows:
Issues of concern and areas of action
1288. While considering strategies to end the
intolerable practice of child prostitution, the difficulties of rehabilitating
children
after they have been freed from the trade must be recognized. One of
the factors which makes the rehabilitation of child prostitutes
“almost
impossible” in the view of many social workers is the likelihood that they
will be ostracized by their own communities.
Hence, given the victims’
culture of intense subordination and limited financial resources, we believe
that interventions to
address child prostitution should focus on prevention,
targeting both the exploiters and the exploited. These include broad policy
shifts, improved law enforcement and promotion of awareness and education
amongst the community in supply and traffic prone areas.
Schemes supporting
prevention, enforcement and rehabilitation, to be operated through NGOs are
under finalization in the Department
of Women and Child
Development.
1289. Vigorous investigation and prosecution is necessary to
curtail the operations of the traffickers involved in procuring and trafficking
in children. Section 13(4) of the ITPA empowers the Central Government to
appoint special police officers with nationwide jurisdiction
for the
investigation of cases related to interstate trafficking in women and children
for the purposes of prostitution. The Department
of Women and Child Development
has initiated such a proposal and it is at present under the active
consideration by Government.
1290. The Supreme Court has already directed the
State Governments to vigorously implement the provisions of the ITPA and IPC on
the
subject of trafficking and prostitution. In vulnerable areas, which are
sources of child prostitutes, or where child prostitution
is prevalent, the
State Government must appoint special officers under section 13 of the ITPA.
Under section 13 (3) of the Act, the
special officers should be assisted by an
advisory body comprising leading social welfare workers of the area. This will
create a
mechanism at the field level to take stock of the problem and initiate
and sustain appropriate action. Under section 14 of the ITPA,
a Special Officer
or subordinate officers empowered by him may arrest a person without a warrant
and enforce other provisions of
the Act. However, it is felt that the
implementation of the provisions of ITPA requires much greater police training
and vigilance.
Government have taken an initiative under the GOI-UNICEF Plan of
Operations to prepare an Advisory Manual for the District and Taluk
level
judiciary under the auspices of the National Human Rights Commission. A Manual
for the sensitization of the Police machinery
responsible for implementation of
the ITPA is also under preparation.
1291. The Government has almost completed
the process of amendment of the ITPA. The objective of the proposed amendments
is to enhance
penalties and place complete criminal culpability on the
traffickers. The amendment also seeks to involve the NGO sector to assist
the
Police in registration of cases and prosecution of offenders. Emphasis is also
being placed on streamlining procedures to ensure
a speedy trial. It is expected
that the Amendment Bill will be placed before Parliament very
shortly.
1292. A Regional Protocol of the SAARC countries for the Prevention
of Trafficking in Women and Children has been approved in principle
by the
member states and is expected to be ratified at the next SAARC meeting. This
Protocol provides, inter alia, for exchange of information, extradition
of traffickers, and regional monitoring of cross-border
trafficking.
1293. Surveys regarding the dimensions of the problem, its
sociological and economic causes, and the most effective methods of
rehabilitation
are being carried out, through the NHRC and DWCD for trafficking
within the country, and in collaboration with the Asian Development
Bank for
inter-country Trafficking.
1294. The United Nations Special Rapporteur on
Violence against Women visited the region in October, 2000. She has submitted
her report
which is receiving the highest consideration for necessary
action.
1295. The Government believes that fundamental to the sustained
elimination of child labour in general, as well as child prostitution
in
particular, is the implementation of compulsory primary education. A literate
informed population, educated to at least the identified
minimum levels of
learning, is much better able to articulate demands and lobby for social change
which would ameliorate the conditions
leading to child sale, trafficking and
prostitution. Specific action to retain girls in school is especially important
for improving
their status in society. To this end, we are confident that the
Sarva Shiksha Abhiyan will have a very positive ripple effect.
1296. Powerful
information campaigns bringing the facts to the public would assist in creating
a groundswell of popular indignation
necessary to promote reform in the police
force as well as other sectors. It is encouraging that the media in India has
begun to
play an active role in informing the general public about the facts
concerning child prostitution and trafficking. Articles on child
trafficking and
prostitution, which are now appearing regularly in the popular press in India,
are doing much to break the silence
shrouding this understandably sensitive
subject.21
1297. IPC contains several provisions which make kidnapping unlawful. These provisions are as follows:
or from the State of Jammu and Kashmir for immoral purposes;
Article 36
Child marriages
1298. According to decades of research, child
marriages contribute to virtually every social problem that keeps India behind
in women’s
rights. The problems include soaring birth rates, high
malnutrition, illiteracy infant mortality, and low life expectancy, especially
among rural women. Concern focuses on an arc of populous northern states where
child marriages are most deeply rooted: Rajasthan,
Madhya Pradesh, Uttar
Pradesh, Bihar and West Bengal, with a combined population of 420 million, about
40 per cent of all Indians.1
1299. Statutory changes in the Hindu
Law, affecting women’s rights have been in force for quite a long time.
For example, the
Child Marriage Restraint Act, 1929, known as the Sharada Act,
came into being after a lot of debate throughout the country, because
of the
existence of a large number of child widows in various parts of the country. It
sets 18 as the minimum age for a woman to
marry and 21 for a man.
1300. In
India the role of early marriage in maintaining the high fertility and high
growth rate of the population is now well recognized.
The mean age of marriage
of girls in India was 14.5 years in 1951, 16.1 years in 1961,
17.2 years in 1971 and 18.3 years in 1981.
In 1991, it was about
19 years. There is lot of variation in the age of marriage among the
States, especially between the northern
and southern states, and within states,
among castes, communities and across other social strata. The mean age of
marriage for men
is 23.3 years and 18.3 years for women. However,
there are glaring regional imbalances with 21.8 years for women in Kerala
and 16.1
years in Rajasthan. In Uttar Pradesh, Madhya Pradesh, Rajasthan
and Bihar 50 per cent of the girls are married before the age of
16. Early
marriage, frequent pregnancies and deliveries take their toll and 13 per cent of
deaths before the woman reaches 25 are
due to complications in
childbirth.
1301. The States in the south, north-west and east have
relatively higher mean age of marriage for females, than do the others. So
states like Assam, West Bengal, Tamil Nadu, Kerala and Karnataka have a
significantly higher mean age of marriage than the national
averages whereas
states like Jammu and Kashmir, Punjab, Orissa, Gujarat and Maharashtra have a
mean age at marriage close to the
national average. States like Madhya Pradesh,
Bihar, Rajasthan and Uttar Pradesh have a substantially lower age of marriage.
1302. In Rajasthan, a survey of more than 5,000 women conducted by the
National Government in 1993 showed that 56 per cent of girls
were married before
they were 15. Of these, three per cent married before they were five and another
14 per cent before they were
10. Barely 18 per cent were literate, and only
three per cent used any form of birth control other than sterilization. Large
families
and poor health of children and mothers were among the results. The
survey showed that of every 1000 births, 73 children died in
infancy, and 103
were under the age of five when they died. Sixty-three per cent of children
under four were found to be severely
undernourished. Average life expectancy for
women was 58 years.2
1303. Given that girls are married before reaching menarche and are not physically mature enough to consummate the marriage, customarily gauna (beginning of effective married life) is performed some time after the girl has reached menarche. It seems that Gauna does not function to protect young girls as only five to ten per cent of girls consummate their marriage after the age of 20. It was found that 94.7 per cent of the marriages in Doroli village and 91.7 per cent of the marriages in Kathaputali colony exposed young girls to the risk of teenage pregnancies.
Child marriages in tribal societies
1304. Girls in tribal societies
were given in marriage generally after puberty. According to the 1971 census at
the national level,
the age of marriage for tribal women was higher (16.39) than
that of rural women in general (15.39). The mean age of marriage of
tribal
females in Assam, Gujarat, Himachal Pradesh, Kerala, Manipur, Meghalaya,
Nagaland, the Andaman and Nicobar Islands and Arunachal
Pradesh was more than
18 years, the highest being in Nagaland (21.33). On the other hand, it was
less than 15 years in Rajasthan
and Uttar Pradesh, the lowest being in
Uttar Pradesh (14.50).
1305. A few micro-level studies which dealt with the
age at marriage of some individual tribes found the following mean age at
marriage
of females: Ao Naga (16-20), Bhil (16), Khasi (13-18), Koli (12-16),
Bodh (19), Gond (18), Munda (18), Oraon (16). Jaunsads (12.2)
Dudh Kharias
(21.41), and Santhals (17.87). Jaunsaris of Jaunsar-Bawar, Dehradun, are a
polyandrous tribe and they follow the custom
of child marriage which is still a
part of their cultural behaviour. Investigation showed that 33.83 per cent of
the Jaunsari females
got married before or at eight, 29.70 per cent in the age
group of 9-15, 30.33 per cent in the age group of 15-20 and the remaining
5.6
per cent got married above the age of 20. In contrast, the north-eastern states,
the age at marriage was found to be relatively
high.3
Current initiatives
1306. The Child Marriage Restraint Act, 1929, is a personal law falling in the Concurrent List of the Constitution, wherein both the Centre and the States exercise powers jointly or singly. The Centre has solicited the support of the States and Union Territories to its proposal to amend the Child Marriage Restraint Act (CMRA), 1929, to prevent child marriages in the country. Under the CMRA, the marriageable age for females is 18 years and for males, 21 years. Marriage below the age fixed under this Act is punishable. However, child marriages are still rampant in the country and the Centre feels that there is a need to prevent it altogether with iron hands for the better health of the nation.
Box 8.31: Positive interventions in Rajgarh
district
The last three years have witnessed an annual campaign by the district
administration around the time of the Akshaya Tritiya. The 1999
campaign was with a difference. These, who had recently been freed from the
bondage of illiteracy met in an unusual gathering.
These samaj sammelans (community seminars) and mahila
sammelans (women seminars) made a lot of difference to the routine campaign.
Their appeal made a better impact on the masses in terms of delaying
the
marriages.
Following this, it was decided to develop a database on the child marriage
scenario in a time frame and social background. A set of
questionnaires was
printed and information sought from all the households in all villages of the
district on the age and sex distribution
of children to enter into wedlock. This
database sets the benchmark for all future comparisons and analysis. (It must be
remembered
that since this was the first time that a format was prepared, there
were certain limitations on the data. These would be taken into
account in 2000
survey.)
|
Source: Childhood in Rajgarh: Too young for Wedlock, Too old for
Cradle, Rajeshwar Chandrashekran, Economic and Political Weekly 31(40),
October 5, 1996, pp. 2721-2722.
Review of the Child Marriage Restraint
Act: National Commission for Women (NCW)
1307. One of the important
functions of the NCW is to review, from time to time, the existing provisions of
the Constitution and other laws affecting women and recommend amendments
thereto. It also suggests remedial legislative measures to meet any lacunae,
in
such legislation. An expert committee has been set up for advice and guidance.
Right from its inception, the NCW has been perturbed
over the reports in the
media regarding child marriages, notwithstanding the enactment of the CMRA as
far back as 1929. The NCW with
the National Human Rights Commission (NHRC) has
taken up this issue with the Government, at length.
1308. The following
recommendations have been made and the Act is being considered for amendment
accordingly:
1309. Further, it may be necessary to make a systematic effort to spread awareness about the evils of child marriage, which may include setting up of committees to spread the message.4
Current interventions
1310. Realizing the situation of the
girl child, the heads of governments of the SAARC region met at Male in 1990 and
declared 1991-2000
AD as “SAARC Decade of the Girl Child”. In
fulfilment of this commitment, the GOI has formulated a National Plan of Action
(NPA) around the theme of “Survival, Protection and Development”
to attend to gender-specific needs and requirements to the fullest possible
extent. This was a conscious effort to ensure equitable
rights, opportunities,
benefits and status to girl children who face discrimination much before birth
and throughout their life.
1311. The NPA broadly envisages three
gender-specific goals which are akin to those of the “World Declaration
on the Survival,
Protection and Development of Children” in 1990, and the
“Male Declaration of SAARC”. Efforts are on to formulate
State Plans
of Action suitable to the indigenous, culturally diverse situations and
area-specific problems. These include child marriages
in Rajasthan, dedication
of girl children as devdasis in Karnataka, sale of girls in marriage in
Andhra Pradesh and Kerala and the problem of female infanticide in Tamil Nadu.
So far,
the Governments of Karnataka, Madhya Pradesh, Tamil Nadu and Goa have
formulated State Plans.5
1312. The GOI constituted on 19 July
1993, an Expert Group on Population Policy, here after referred to as the Expert
Group, to prepare
a preliminary draft of the National Population Policy. This
group submitted its report, called the Draft National Population Policy
on 23
May 1994, to the Minister for Health and Family Welfare. One of the 10
socio-demographic goals to be achieved by the country
by 2010 is the reduction
of the “incidence of marriage of girls below the age of 18 years to
zero” (Ministry of Health
and Family Welfare, 1994: 98). Another
recommendation was to ensure the full coverage of registration of births, deaths
and marriages.
Raising of female age at marriage has therefore been recognized
as one of the important policy interventions that might be able to
influence
population growth rates apart from the national family planning
programme.6
1313. Traditionally social and cultural factors have tended to support
early as well as universal marriage for girls in India. The
average age at
marriage of females in India was too low at 12.5 years during 1921-31.
After the enactment of CMRA, 1929, although
there was a slow upward shift in the
female age at marriage. Even 1951 the marriage age of females was reported to be
about 15.6
years. As per the census information, the two decades 1961-71
and 1971-81 recorded larger increases in female age at marriage at
the national
level as compared to earlier decades.
1314. The NFHS-II Survey shows that
there is a steady rise in the age at first marriage in India. The proportion
married by exact
age 15 falls steadily from the oldest to the youngest age
group, but even more remarkable is the fact that the proportion falls from
24
per cent for women age 20-14 to 14 per cent for women age 15-19 who are only
five years younger, on average. In rural areas, the
proportion of women by
age 15 declines from 29 per cent among women age 20-24 to 18 per cent among
women age 15-19; the corresponding
decline in urban areas is from 9 per cent to
5 per cent. The practice of very early marriage (before age 13) has virtually
disappeared
in urban areas and has become quite rare in rural areas as
well.
1315. Despite the evidence of a rising age at marriage, the majority of
women age 20-49 in India married before they reached the legal
minimum age at
marriage of 18 years as set by the Child Marriage Restraint Act, 1978.
Specifically, 61 percent of all women, 69 percent
of rural women, and 41 percent
of urban women age 20-49 married before age 18.
1316. There are considerable differences across States in the age at first marriage of women. About half of women age 25-49 married before age 15 in Madhya Pradesh, Bihar, Uttar Pradesh, Andhra Pradesh, and Rajasthan, and about four-fifths of women in these States married before reaching the legal minimum age at marriage of 18 years. By contrast, the median age at first marriage is 22-23 years in Goa, Mizoram, and Manipur, and 20 years in Kerala, Nagaland, Punjab, and Sikkim. Notably, however, in Kerala, Nagaland, Punjab, and Manipur at least one out of five women are already married by age 18.7
D. Children belonging to a Minority or Indigenous Group
Introduction
1317. Protection of minorities is the hallmark of any civilized nation. According to Mahatma Gandhi, the claim of a country to civilization depends on the treatment it extends to its minorities. In keeping with this, the founding fathers of the Indian Republic were deeply concerned about ensuring full and meaningful protection to members of minority communities, individually and collectively. This concern was translated into extensive constitutional safeguards and provisions for the protection and promotion of minorities in the form of articles 25-41. Apart from this, India is also party to several international and multilateral conventions and declarations that uphold the rights of minorities. Measures have been taken for the development of children belonging to minority groups, especially in the areas of education and health. However, in most other aspects, the status of the children of minorities may be determined by the status of the community that they belong to. In this regard, therefore, this section elaborates the constitutional safeguards and national mechanisms for implementing these safeguards, and the general status of minorities with respect to their education, health, etc.1
1318. The international community, through
the United Nations Declaration on Minorities (1992), has put an obligation on
member states,
not only to protect the existence and identity of minorities
within their respective territories, but also “to encourage conditions
for
the promotion of thin identity”, and the States are required to take
appropriate legislative and other measures to achieve
those ends [article 1(1)
and (2)]. India as part of the United Nations General Assembly has adopted this
convention among others
and is obliged under these to secure the rights of its
resident minority communities.
1319. The United Nations system has not been
able to evolve an agreed definition of “minority” from 1947, when it
created
a Sub-Commission on Prevention of Discrimination and Protection of
Minorities, through 1966, when article 27 of the International
Covenant of Civil
and Political Rights provided for the rights of persons belonging to minorities,
to the 1992 declaration on the
rights of minorities. This failure partly derives
from the desire to have a single, universally applicable, comprehensive
formulation
applicable to all minority situations in all parts of the world. It
would, however, be more appropriate to indicate universality
of minority
situations and status, leaving scope for accommodating the specifics of every
particular country’s situation.
1320. The expression “minority” is not defined in the Constitution. The Indian Constitution accords recognition to minorities largely in its articles 25–40, based on religion, language and culture, as those who have been guaranteed the right to conserve their language, script and culture and to establish and administer educational institutions of their choice (see box 8.33). Indian judicial view has been that those who constitute less than 50 per cent of the population of State or the country, as the case may be, shall be considered a minority under the State or Union legislation. That minorities are characterized by religious, linguistic or cultural identities, which they would like to preserve, has been accepted as a fact, by framers and interpreters of the Constitution.2
Box 8.32: United Nations Conventions and declarations
related to minority
rights ratified by India – Charter of United Nations, 1945.
– Universal Declaration of Human Rights, 1948.
– Convention on the Prevention and Punishment of the Crime of
Genocide, 1948.
– International Convention on the Elimination of All Forms of Racial
Discrimination, 1965.
– International Covenant on Civil and Political Rights [ICCPR]
1976.
– International Covenant on Economic, Social and Cultural Rights
[ICESR], 1976.
– Declaration on the Elimination of All Forms of Intolerance and
Discrimination based on Religion or Belief, 1981.
– Declaration on the Rights of Persons belonging to National or
Ethnic, Religious and Linguistic Minorities, 1992.
– World Conference on Human Rights, Vienna Declaration and Programme
of Action, Vienna, 14-25 June, 1993.
|
Source: Readings on Minorities, Perspectives & Documents, Vol.1, by Iqbal A. Ansari, published by Institute of Objective Studies, 1996
1321. Issues relating to cultural or religious minorities are in the Concurrent List of the Indian Constitution, where both the Centre and States can make laws with the understanding that in case of conflict, the Central laws will take precedence. This ensures the institutionalisation of unity as well as diversity.3
1322. According to the 1991 census, the Scheduled Castes account for 138.22 million, representing 16.48 per cent of the country’s total population. Of these, 81 per cent live in rural areas. The Other Backward Classes, as per the GOI’s notification dated 8 September 1993, comprise castes and communities whose names figure in the list of the Mandal Commission and in the lists of the individual State Governments. In the absence of specific census data, it is not possible to quote the exact figure of their population. However, the Mandal Commission made a rough estimate of OBCs constituting 52 per cent of the country’s total population. The population of Muslim, Christian, Sikh, Buddhist and Zoroastrian communities is 145.31 million (17.17 per cent), as per the 1991 census4 .
Box 8.33: Constitutional provisions for minorities in
India
Right to freedom of religion
Article 29: Protection of interests of minorities.
Article 30: Right of minorities to establish and administer educational
institutions.
Right to Constitutional remedies
Article 349: Special procedure for enactment of certain laws relating to
language.
Special Directives
Article 350: Language to be used in representations for redress of
grievances.
Article 350 a: Facilities for instruction in mother tongue at primary
stage.
Article 350 b: Special officer for linguistic minorities.
Article 351: Directive for development of the Hindi language.
|
Source: Readings on Minorities, Perspectives & Documents, Vol. 2, by
Iqbal A. Ansari, published by institute of Objective Studies,
1996
Administrative measures
1323. The constitutional
commitments made in favour of the socially disadvantaged groups prompted policy
makers and planners to accord
high priority to the welfare and development of
these groups right from the beginning of the country’s developmental
planning,
launched in 1951. To ensure a focused attention on improving the lot
of these groups, the Ministry of Social Justice and Empowerment
was set up in
1985. Consequently, all the hitherto scattered programmes of SCs, STs, OBCs and
minorities were brought under one
single umbrella during the 1990s and were put
into effective operation with the ultimate objective of achieving the
constitutional
commitment of raising the status of these disadvantaged groups.
In 1986, a scheme called the Prime Minister’s 15-Point Programme for the
upliftment of minorities was launched.5
1324. The 1990s have
witnessed an upsurge in social legislation and creation of institutions for
protecting the rights of the underprivileged
and the socio-economically
backward. The Constitution was amended in 1990 to provide for a National
Commission on Scheduled Castes and Scheduled Tribes, which was entrusted with a
variety
of duties, including the duty “to inquire into specific complaints
with respect to the deprivation of rights and safeguards
of the Scheduled Castes
and Scheduled Tribes” (article 338). Similarly, the National Commission
for Minorities Act, 1992; the
National Commission for Backward Classes Act,
1993; and the Protection of Human Rights Act, 1993, led to the constitution of
such
Commissions at the national level. The National Commission for Safai
Karamcharis Act, 1993, led to the formation of the National Commission for
Safai Karamcharis (NCSK).
1325. A Ministry of Tribal Affairs was
created in October 1999. The work relating to tribal development has now been
transferred to
this ministry.6
1326. The Special Component Plan (SCP) is an
umbrella programme under which all the schemes implemented by the State and
Central Governments
are dovetailed for addressing different needs of Schedule
Castes. The SCP outlay as percentage of total State Plan outlay increased
marginally from 11.03 per cent in the Eight Five-Year Plan to 11.88 per cent in
the Ninth Plan.
1327. The Ninth Plan (1997–2002) commits to the
empowerment of SCs, STs, OBCs and minorities as the agents of socio-economic
change and development. Empowerment of these groups will, therefore, be
attempted in an integrated manner, essentially encompassing
the three vital and
interrelated components, viz., social empowerment economic empowerment; and
social justice.7
1328. A significant provision of the historic Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, which was accepted by the General Assembly, including India, without any member States voting against it on 18 December 1992, is article 4.4. This requires the States to “take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of society as a whole.
1329. The Indian Constitution provides for cultural and educational rights:
1330. Besides the above safeguards, the Indian Constitution has made provisions for the reservation of seats in the House of People (the lower house of Parliament), the legislative assemblies of States and in certain services and posts for the members of Schedule Castes and Schedule Tribes (article 243 D: Special Provision relating to Classes). Not only this, there are seats reserved for the members of these communities in all Government educational institutions. Members of the religious minorities are entitled to reserve 50 per cent of the seats in their institutions members of their community.8
Right to profess and practise one’s religion
1331. The Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, 1992, requires signatory States, including India, to “take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law”, (vide article 4.1). Article 4.2 further obliges the States to “take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, tradition and customs”. It is clarified by article 8.3 that these measures “shall not prima facie be considered contrary to the principle of equality”.
1332. Freedom of religion guaranteed by article 25 is not confined to citizens but extends to every person. It includes the right not merely to profess and practise one’s religion but also the right to propagate it. The exercise of this freedom is subject to public order, morality and health. The expression “propagate” received a restrictive interpretation by the Supreme Court in Rev. Stainslaus vs. State of Madhya Pradesh [1977] INSC 13; [AIR (1977) SC 908]. The court held that the propagation of religion does not include the right to convert another person to one’s own religion.9
1333. The Commission for
Linguistic Minorities in India is appointed by the President of
India and
for all purposes, is independent of the cross-currents of India’s national
and regional politics.
1334. This institutional defence of the rights of minorities is of paramount importance. For the protection of the other languages in use, the following directives are provided. For the submission of representation for the redress of any grievances to any officer or authority of the Union or a State, the petitioner is authorized to use any of the languages used in the Union or in the State, as the case may be (article 350). Every State and local authority within a State is directed to provide adequate facilities for instruction in the mother tongue at the preliminary stage of education to children belonging to linguistic minority groups and the President is authorized to issue such directions to any State, as she/he may consider necessary for the securing of such facilities (article 350 (a). A special officer for linguistic minorities is appointed by the President to investigate all matters relating to the safeguards provided by the Constitution for linguistic minorities and to report to the President upon those matters. It shall be the duty of the President to cause all such reports to be laid before each House of Parliament and also to be sent to the Government of the State concerned (article 350 B). 10
1335. There has
been an increase in the percentage of SC population to the total population from
15.28 in 1981 to 16.48 in 1991, with
a decadal growth rate of 3.20 per cent
during 1981-91. They are dispersed all over the country, except in one State
and two Union
Territories, viz., Nagaland, Andaman and Nicobar Islands and
Lakshadweep. Uttar Pradesh the largest State, accounts for 21 per cent
of the
total SC population of the country.
1336. Nearly 84 per cent of the
country’s total SC population live in 10 States, viz., Andhra Pradesh
(7.66 per cent), Bihar
(9.09 per cent), Karnataka (5.33 per cent), Kerala (2.09
per cent), Madhya Pradesh (6.96 per cent), Maharashtra (6.34 per cent),
Rajasthan (5.50 per cent), Tamil Nadu (7.75 per cent), Uttar Pradesh (21.18 per
cent) and West Bengal (11.63 per cent). In a few
States, SCs constitute more
than 20 per cent of the total population. These include Punjab (28.31 per
cent), Himachal Pradesh (25.34
per cent), West Bengal (23.62 per cent) and Uttar
Pradesh (21.05 per cent).
1337. Scheduled Tribes account for 67.76 million or
8.08 per cent of country’s total population. Of these, 1.32 million (1.95
per cent) are primitive tribes. STs too, have shown a decadal growth rate of
3.12 per cent during the period 1981-91. The actual
increase in the percentage
of ST population was from 7.53 in 1981 to 8.08 in 1991.
1338. STs inhabit
all the States except Haryana, Punjab, Chandigarh, Delhi and Pondicherry. The
highest concentration of ST population
is found in the north-eastern States of
Mizoram (94.75 per cent), Nagaland (87.70 per cent), Meghalaya (85.53 per cent)
and Arunachal
Pradesh (63.66 per cent) and in the UTs of Lakshadweep (93.15 per
cent) and Dadra and Nagar Haveli (78.99 per cent), while there
are high
concentrations in the States of Madhya Pradesh (23.27 per cent), Orissa (22.21
per cent), Gujarat (14.92 per cent), Maharashtra
(9.27 per cent) and Bihar (7.66
per cent).
1339. The Other Backward Classes, as per the GOI’s notification dated 8 September 1993, comprise castes and communities which are found common in the list of the Mandal Commission and in the lists of the individual State Governments. In the absence of specific census data, it is not possible to quote the exact figure of their population. However, the Mandal Commission made a rough estimate of OBCs constituting 52 per cent of the country’s total population.11
1340. Muslim, Christian, Sikh, Buddhist and
Zorastrian communities constitute 145.31 million (17.17 per cent) of
India’s population,
as per the 1991 Census.
1341. The following are the
main religious communities in the country as a whole. These are arranged in
order of numerical strength
at the all-India level, excluding figures of Jammu
and Kashmir, where the 1991 census was not held.
1342. The three
Christian-dominated States of India together have a Christian population of a
little over eight million—Mizoram
(5.9 million), Meghalaya (1.15 million)
and Nagaland (over 1.06 million). Next to Mizoram, the largest population of
Christians
is in Kerala (5.62 million), and Tamil Nadu (3.18 million).
Percentage-wise, the Christian population is quite high also in Manipur
(34 per
cent), Goa (30 per cent), Andamans (24 per cent) and Kerala (19.32 per
cent).12
1343. Sikhs constitute the majority in one State, Punjab
(63 per cent), and one fifth of the population in one UT, Chandigarh (20
per
cent). Their population is between 16 per cent in Himachal Pradesh, Rajasthan,
Delhi and Haryana; while it is below one per cent
elsewhere in the country.
Their total population in India according to the 1991 census is about 16
million.
1344. There is no Buddhist-dominated State or UT in the country.
Number-wise, the highest population of Buddhists is found in Maharashtra
(over
500,000), followed by Uttar Pradesh (221,000), Madhya Pradesh (216,000) and West
Bengal (203,000). Percentage-wise, the highest
Buddhist population is in Sikkim
(27 per cent), followed by Arunachal Pradesh (13 per cent).
1345. There are
about 3.3 million Jains in India and their highest population is in Maharashtra
(0.96 million), followed by Rajasthan
(0.56 million) and Madhya Pradesh (0.49
million).
Table 8.10: Major religious communities in India
Religious
communities
|
Percentage to total population
|
Persons
|
Males
|
Females
|
Sex ratio (Females per 1000 males)
|
Hindu
|
82.00
|
687,646,721
|
357,252,833
|
330,393,888
|
925
|
Muslim
|
12.12
|
101,596,057
|
52,631,365
|
48,964,692
|
930
|
Christian
|
2.34
|
19,640,284
|
9,848,930
|
9,791,354
|
994
|
Sikh
|
1.94
|
16,259,744
|
8,610,508
|
7,649,236
|
888
|
Buddhist
|
0.76
|
6,387,500
|
3,272,200
|
3,115,300
|
952
|
Jain
|
0.40
|
3,352,706
|
1,722,715
|
1,629,991
|
946
|
Source: Registrar General of India
1346. The successive census
reports specify the Jains as an independent religious
community.
1347. The Parsi population in India is only about
76,000 and it is concentrated in two western states, Maharashtra (60,000) and
Gujarat
(13,000). In the rest of the country, the Parsi population is only about
3,000.
1348. India with a Baha’i population of over 2,00,000, is host
to the largest Baha’i community in the world. The Natural
Spiritual
Assembly of the Baha’is of India is their representative organization in
India. A large number of believers reside
in the Hindi-speaking rural
belts.14
1349. The Jews of India one singular community.
Among themselves they are divided into different communities. Each community has
its
own different culture, background and origin. Each community claims its
arrival in India in different ways and it is not always clear
how they really
came to India. The three main Jewish communities of India are: the Bene Israel,
Cochin and Baghdadi. Besides there
are the Ashkenazi Jews and a community in
east India which claims Israeli origin and calls itself the Ben
Menashe.15
1350. Table 8.13 shows the major language groups
in India.
Table 8.11: Major language groups in
India by population |
||||||||
Languages
|
Percentage
|
Millions of people (1993)
|
Languages
|
Percentage
|
Millions of people (1993)
|
|||
Indo-Aryan Languages
|
Dravidian Languages
|
|||||||
Hindi
|
30.1
|
238.1
|
Telugu
|
8.6
|
73.1
|
|||
Bengali
|
7.7
|
65.5
|
Tamil
|
7.0
|
59.5
|
|||
Marathi
|
7.6
|
64.6
|
Kannada
|
4.0
|
34.0
|
|||
Gujarati
|
4.6
|
39.1
|
Malayalam
|
3.9
|
33.2
|
|||
Oriya
|
3.6
|
30.6
|
Other
|
|||||
Punjabi
|
2.5
|
21.3
|
English
|
2.5
|
21.3
|
|||
Assamese
|
1.6
|
13.6
|
Urdu
|
5.3
|
45.0
|
1351. The figures for persons speaking a language subsidiary to their
mother tongue are quite revealing: Hindi (5.10 per cent), Oriya
(5.75 per cent),
Malayalam (7.11 per cent), Gujarati (7.31 per cent), Tamil (8.11 per cent),
Bengali (8.65 per cent), Assamese (8.96
per cent), Marathi (10.47 per cent),
Kashmiri (10.69 per cent), Telugu (14.03 per cent), Punjabi (14.16 per cent),
Kannada (14.43
per cent) and Urdu (22.09 per cent). Besides, differences arising
out of language and religion are non-overlapping. Both Hindus and
Sikhs speak
Punjabi; Urdu is understood by Muslims, Hindus and Sikhs; and the Bengali
literary pantheon counts several Muslim writers
along with Hindus among its
stars.16
The minority child and family law
1352. The rights of children of
minorities in India with regard to marriage, adoption and maintenance falls in
the area of family
law, where the right of children in the family will depend on
the religion to which the child’s parents belong and marry into.
The
broad spectrum of family law covers the rights of parents over the custody and
guardianship of their children, and the rights
of the child to maintenance.
While legislation in some cases does take care of the interests and well-being
of the child, it is
more attuned to the rights of the parents over the
child.
1353. The rights of children born to Hindus are governed by the Hindu
Marriage Act (HMA), Hindu Minority and Guardianship Act (HMGA),
the Hindu
Adoption and Maintenance Act (HAMA) and the Hindu Succession Act (HSA). Muslim
children are governed by customary Islamic
law, while Christian children are
governed by the Guardian and Wards Act (GWA). The GWA, however, will also apply
to all children
under certain circumstances. In addition to these, other
legislation that might govern the rights of a child in case of a dispute
between
parents are the Indian Divorce Act (IDA), the Parsi Marriage and Divorce Act
(PMDA) and Special Marriage Act (SMA). The Special
Marriage Act also recognises
the right of the children born of a void marriage to inherit from both the
parents. (sect. 26). Parsi,
Muslim and Christian children cannot inherit from
their father according to their personal laws.17
1354. Similarly,
there are such laws for Schedule Castes and Tribes; all these laws have been
elaborately discussed in the following
pages.
1355. To ensure a focused attention improving the lot of minority groups, the Ministry of Social Justice and Empowerment was set up in 1985. Consequently, all the hitherto scattered programmes of SCs, STs, OBCs and minorities were brought under one single umbrella during the 1990s and were put into effective operation with the ultimate objective of achieving the constitutional commitment of raising the status of these disadvantaged groups.
1356. The Constitution was amended in 1990 to provide for a National
Commission on Scheduled Castes and Scheduled Tribes, as also provided for in the
Indian
Constitution (article 338: National Commission for Scheduled Castes and
Scheduled Tribes), and was entrusted with a variety of duties, including
the
duty “to inquire into specific complaints with respect to the deprivation
of rights and safeguards of the Scheduled Castes
and the Scheduled
Tribes”.
1357. As per the guidelines of State Government/Union
Territory is expected to allocate funds in proportion to SCs/STs population
in
that State/UT. The Commission on such allocations keeps a watch and that they
are spent for the welfare of SC and ST in that State
to which she/he has
migrated.18
1358. To safeguard secular
interests and promote communal harmony, the erstwhile Minority Commission set up
in 1978, was given a statutory
status through the enactment of the National
Commission for Minorities (NCM) Act, 1992.
1359. The Commission has also
constituted a Minority Education Cell to exclusively look at the problems faced
by minority educational
institutions in regard to recognition, affiliation,
grants-in-aid, etc.20
1360. The Ministry of Social Justice and Empowerment is responsible for the administration of the Wakf Act, 1995, the Dargah Khwaja Saheb Act, 1955, and work relating to the Evacuee Property Act , 1950. It has taken the issues of common concern to promote the interest of Wakfs in the country. The institution of Wakf is a striking feature of Islamic jurisprudence, The word refers to any property, movable or immovable, dedicated for purposes recognized by Muslim law as religious, pious or charitable. Wakfs constitute a national assets as a very large number of them support schools, colleges, technical education, libraries, etc., which benefit the general public, irrespective of caste or creed. Identified as charitable and religious endowments in section 28 of the Concurrent List of the Seventh Schedule of the Constitution, supervision over their administration is a responsibility of both the Central and State Governments. The Central Wakf Council collects six per cent donation on loan advanced by it to Wakf institutions under the scheme for the development of Urban Wakf Properties and the amount thus received is deposited with the education fund—utilised for financing scholarships to students undergoing technical and professional courses, ad-hoc grants to poor and needy students, etc.
1361. During 1993, a National
Commission for OBCs (NCBC), which is a permanent body at the Centre to look into
complaints and requests,
besides recommending inclusion of certain communities
in the lists of OBCs, was set up. There is a provision for such a commission
to
be set up in the Indian Constitution (article 340: Appointment of a commission
to investigate the conditions of backward classes). So far, on the basis of this
commission’s
recommendation, the Central list of OBCs in respect of 21
States and four UTs has been notified by the Central Government. The
Government has also extended to the OBC candidates the benefit of relaxed
standards in respect of written examinations and interviews,
with effect from
October 1994. Under the scheme, of pre-examination coaching centres for weaker
sections, candidates belonging to
OBCs receive coaching to compete with general
candidates in various competitive examinations.
1362. The welfare and
development of OBCs started receiving special attention during the Eighth Plan
with a definite percentage of
reservation in Government employment, besides a
definite share in the assistance for both educational and economic development
programmes.
The setting up of the National Backward Classes Finance and
Development Corporation (NBCFDC) in 1992 was a major achievement towards
the
welfare of OBCs.21
1363. The Ministry of Tribal Affairs, which came into separate existence in October 1999, implements various central sector/centrally sponsored schemes for the social, educational and economics-development of tribals in the country. The Five-Year and Annual Plans approved by the Planning Commission and implemented by the Ministry of Tribal Affairs receive the Annual targets and monitor the achievements in this regard.
1364. There are 14 tribal research
institutes in Andhra Pradesh, Assam, Bihar, Gujarat, Kerala, Madhya Pradesh,
Maharashtra, Orissa,
Rajasthan, Tamil Nadu, West Bengal, Uttar Pradesh,
Manipur and West Bengal. These institutes, set up by the States, conduct
research
and evaluation studies on matters relating to all aspects and help in
policy formulation with regard to tribals. They also promote
and foster various
aspects of tribal culture including music and dance, literature and language,
festivals and fairs. There are
several tribal museums with a fairly large stock
of exhibits on tribal culture.22
1365. The Central Institute of
Indian Languages (CIIL), Mysore, prepares text-books, primers, grammar books,
dictionaries and bilingual
textbooks, facilitating translation from regional
languages into tribal languages. It also undertakes training of tribal teachers
in bilingual education and socio-linguistic surveys and research. The CIIL
through its programme has worked in 75 tribal and border
languages and has
prepared different kinds of linguistic material like grammars, phonetic readers,
primers, etc.
1366. Besides the above, there are other schemes under the
nodal Ministry of Social Justice and Empowerment which contribute to the
economic development of SCs/STs. These include vocational training in the
tribal areas, under which financial assistance is extended
for setting up of
vocational training centres in tribal areas and grants-in-aid to State Tribal
Development Cooperatives/ Corporations
for minor forest produce to ensure
remunerative prices to tribals.23
1367. The Commission
for Linguistic Minorities in India, also provided for in the Constitution
(article 350 B: special officer for linguistic minorities), headquartered in
Allahabad with one deputy commissioner and assistant
commissioners posted in
various regions, is appointed by the President of India and for all purposes, is
independent of the cross-currents
of India’s national and regional
politics. Linguistic Minorities Commissions have been constituted in various
states State
linguistic minority officers also stand
appointed.24
1368. It is relevant to discuss here the
organizations associated with religious communities that have been involved in
the development
and betterment of the members of their communities. Also, it is
important to note that some amount of work is being done by the religious
institutions themselves. For example it is obvious that much of the advancement
in the living conditions of the Christian population
has been because of
missionary activity—not confined to conversion in the narrow sense, but
also in reaching literacy, health-care
and other basic empowering resources to
the poor.
1369. There are several educational institutions that have been
set up by minorities according to the provisions of the Constitution. The
Aligarh Muslim University and Jamia Milia Islamia are premier national
institutions run by the Muslim community.
1370. The Hamdard Educational
Society has carried out several surveys and taken out campaigns and caravans for
raising awareness among
Muslims in Delhi and Uttar Pradesh on the importance of
education. In October 1999, the Society held a series of health and hygiene
camps in Uttar Pradesh.25
1371. Various schemes of the Government are executed through the relevant Central ministries for education and health of the children of minorities in India.
1372. The Department of Education, Ministry
of Human Resource Development, has started programmes of educational development
in 41
identified districts in the country with minority concentration. An
area-intensive programme is being implemented at the block level
in these
districts to provide basic educational infrastructure and facilities. The
Department of Education is also implementing a
scheme to provide financial
assistance for modernization of madrasa education and for teaching of
science, mathematics, social studies and languages in these traditional
educational institutions on
a voluntary basis. Under this scheme 100 per cent
grant is given by the Central Government.26
1373. The 41 minority
concentration districts have also been brought under the scheme of Community
Polytechnics to impart technical
skills to eligible persons belonging to
minority communities. The Ministry of Labour has set up Industrial Training
Institutes (ITIs)
in 19 out of 41 districts and introduced trades relevant for
minority artisans and workers. Instructions were also issued to States/UTs
to
sponsor candidates belonging to minority communities for vocational training
courses.27
Box 8.34: Special financial instruments
The five National Finance Development Corporations for the disadvantaged
sections are the National SC and ST Finance and Development
Corporation (NSFDC),
New Delhi, Tribal Cooperative Market Development Federation of India Ltd.
(TRIFED), Mumbai, National Safai Karamchari Finance and Development
Corporation (NSKFDC), New Delhi, National Minorities Development and Finance
Corporation (NMDFC), New Delhi,
and the National Backward Classes Finance and
Development Corporation (NBCFDC), New Delhi. These act as national-level apex
agencies
for networking, coordinating and streamlining various employment,
credit and income-generation activities to better the economic
status of the
disadvantaged groups, viz., SCs, STs, OBCs and minorities. In fact, they are
the major catalytic agents which transact
business on behalf of the Government.
While these apex agencies work through their State-level channelising agencies
which would
help/identify the beneficiaries; finance the projects through
credit/subsidies; and extend technical advice and operate/control the
activities, TRIFED continues to purchase minor forest produce and agricultural
surplus produce by offering remunerative prices to
the tribals and thus prevents
exploitation by middlemen.
|
Source: GOI, National Commission For Scheduled Castes & Scheduled Tribes, Dated: 26/04/2000
1374. To enable minorities to take part in competitive examinations, pre-examination coaching centres were set up in 21 universities and 32 colleges.
1375. Pre-examination coaching, launched in 1992-93, has covered 188 institutions, with 9480 candidates receiving coaching for various competitive examinations. The Department of Personnel made it mandatory for all recruiting authorities of the Central Government and PSUs to have at least one member belonging to the minority communities in the selection boards/committees constituted for the recruitment of Group C and D posts/ services.
1376. The Ministry of Tribal Affairs has exclusive schemes for educational development of Scheduled Tribes, such as assistance to State Governments for construction of boys/girls, hostels, ashram schools, educational complexes for ST girls in low literacy pockets and vocational training in tribal areas.
1377. Although there has been a visible increase in the literacy rates of SCs and STs during the last three decades, the gap between the literacy rates of SCs/STs and those of the general population still persists.
1378. The enrolment ratios of SC and ST girls and boys have continued to show
a progressive trend along with the rest of the population.
The other revealing
factor was the better pace of progress maintained by STs at primary level (43.0
per cent) over SCs (29.7 per
cent), especially that of ST girls (49.0 per cent)
over SC girls (37.3 per cent) during 1981-96. Above all, the overall progress
made by SCs and STs in terms of enrolment ratios at primary and middle levels
during 1980-81 and 1995-96 has been impressive, as
they proved better than the
general population.28
1379. The dropout rate is a crucial
indicator in the field of education. There has been a steady decline in the
dropout rates of SCs
and STs as given in table 8.15.
Pre-matric scholarship for the children of those engaged in”‘unclean” occupations and other backward classes
1380. This scheme provides financial assistance to enable
children of families involved in ‘unclean’ occupations to pursue
pre-matric education courses in recognized institutions. Under the scheme,
central assistance is provided to the State Governments
on a 50:50 basis and 100
per cent to UT administrations, over and above their committed liabilities. This
scheme has been extended
to cover OBCs recently.
1381. The scheme of
pre-matric scholarships for the children of those who are engaged in
“unclean” occupations was revised
in February 1994 to remove the
restrictive clause of one child per family up to class VIII, subject to the
condition that if a third
child is born after 1.4.93, a total of only two
children in the family would be eligible for these scholarships, extension of
the
benefits to day scholars studying in class III to X, removal of the income
ceiling of Rs 1,500 per month of parents/guardians and
relaxation of the
restrictive clause on two children in class IX and X. These positive amendments
led to the award of 326,000 (provisional)
pre-matric scholarships in 1996-97,
the end of the Eighth Plan and the central assistance released also increased
from Rs 6.39 crore
in 1992-95 to Rs 14.04 crore in 1996-97. In
1997-98, about 3.80 lakh students whose parents were engaged in
“unclean”
occupations were provided with prem-matric
scholarships.
1382. The main objective of the scheme is to check the dropout tendency and to provide financial assistance to the children of traditional scavengers of dry latrines, tanners, flayers and sweepers. The scheme includes the students residing in hostels from class III–X, as well as day scholars from class I-X.
Table 8.12: Gross enrolment ratios of SCs & STs and
general population
|
|||||||||
|
General Population
|
Scheduled Caste Population
|
Scheduled Tribe Population
|
||||||
Years/level
|
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
1980-81
I-V (6-11Yrs) |
95.8
|
64.1
|
80.5
|
105.4
|
57.8
|
82.2
|
94.2
|
45.9
|
70.0
|
VI-VIII
(11-14Yrs)
|
54.3
|
28.6
|
41.9
|
41.4
|
16.2
|
29.1
|
28.2
|
10.8
|
19.5
|
1990-91
I-V (6-11Yrs)
|
114.0
|
85.5
|
100.1
|
122.7
|
80.6
|
102.2
|
126.8
|
78.6
|
103.4
|
VI-VIII
(11-14Yrs)
|
76.6
|
47.0
|
62.1
|
61.4
|
33.3
|
47.7
|
51.3
|
27.5
|
39.7
|
1995-96
I-V (6-11Yrs) |
114.5
|
93.3
|
104.3
|
127.6
|
95.1
|
111.9
|
130.0
|
94.9
|
113.0
|
VI-VIII
(11-14Yrs) |
79.5
|
54.9
|
67.6
|
74.9
|
46.8
|
61.3
|
61.6
|
37.6
|
50.0
|
Pace of progress
I-V (Primary level) |
18.7
|
29.2
|
23.8
|
22.2
|
37.3
|
29.7
|
35.8
|
49.0
|
43.0
|
VI-VIII (Middle level)
|
25.2
|
26.3
|
25.7
|
33.5
|
30.6
|
32.2
|
33.4
|
26.8
|
30.5
|
Source: Selected Education Statistics, 1995-96, Department of Education, New Delhi.
Hostels for boys and girls belonging to SCs and OBCs
1383. Under this scheme, Central assistance is provided to the State Governments on a 50:50 basis, 100 per cent to UT administrations and 90 per cent to centrally controlled universities and 45 per cent to other universities for construction of hostel buildings for SC and OBC boys and girls studying in middle schools, higher secondary schools, colleges and universities. A few rooms/blocks of the hostels are constructed barrier-free, and facilities like ramps, etc. should be incorporated in the design of their construction so as to enable disabled SC students to reside in them conveniently. Land has to be provided free of cost by the State/UT or beneficiary institution. The cost of construction of hostels is worked out on the basis of State/CPWD schedule of rates. The expenditure on maintenance of these hostels is to be borne by the State Governments from their own funds. During the Eighth Plan, around 1,503 hostels were built to benefit 122,000 SC boys and girls and 553 hostels to benefit 22,120 ST boys and girls by the end of the Eighth Plan. During 1997-98, 143 SC/ST girls, and 86 SC/ST boys, hostels were sanctioned.29
Stipend to children belonging to Vimukat Jatis (other than backward classes/denotified tribes)
1384. The objective of the scheme is to provide financial assistance to students of denotified tribes and thus, motivate them to attend schools. An enhancement in the budget provisions and expenditure over the scheme has been noticed.
Special education development programme for girls belonging to SCs in very low literacy level districts
1385. Under this scheme, free residential schools are established for SC girls who are first- generation learners and who belong to families below the poverty line in districts with Scheduled Caste female literacy below two per cent (1981 census). These districts are in Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh.
1386. The scheme was introduced during 1996-97 on a pilot basis Grant-in-aid under the scheme comprises of a package of Rs 11,340 per student, in class I only, which includes direct facilities to the students as well as cost towards infrastructure, staff and other running cost. No fees, charges or contributions are recovered from the students. The scheme is implemented by the Zilla Parishads (district-level panchayats) of the concerned district. The Zilla Parishads may run the schools themselves or through credible NGOs of proven integrity, competence and experience. The grant is given directly to concerned Zilla Parishads, which are required to send their proposals to the Ministry, through their State Governments.
Table 8.13: Dropout rates amongst SCs and STs at various
stages of education
|
||||||
Category
|
Classes (I-V)
|
Classes (I-VIII)
|
Classes (I-X)
|
|||
|
1980-81
|
1989-90
|
1980-81
|
1990-91
|
1980-81
|
1990-91
|
General
|
58.70
|
48.08
|
72.70
|
63.40
|
82.46
|
71.34
|
SC
|
60.16
|
49.03
|
76.84
|
72.09
|
86.91
|
80.58
|
ST
|
75.66
|
63.81
|
86.71
|
80.10
|
91.18
|
86.00
|
Source: Educational Development of SCs and STs (1995) and Unpublished Data of the Department of Education
Note: 1. Since the latest data on the dropout rates of SCs and STs is available only for 1990-91, data for the general population was also used for the same year for effective comparison.
2 Figures for 1990-91 in respect of SCs and STs are not available for primary level.
Central sector scheme of upgradation of merit of SC/ST students
1387. The objective of the scheme is to upgrade the merit of
SC/ST students by providing them with facilities for all-rounddevelopment
through education in residential schools. Hundred per cent Central assistance is
released to States/UTs for arranging remedial and
special coaching for SC/ST
students studying in classes IX-XII. While remedial coaching aims at removing
deficiencies in school subjects,
special coaching is also provided with a view
to preparing students for competitive examinations for entry into professional
courses
like engineering, medicine, etc. Under this scheme, coaching is provided
in linguistic skills, science and mathematics. The number
of awards in respect
of each State/UT are pre-determined under the scheme, but each State/UT will
have a minimum of five awards.
A package grant of Rs 15,000 per year per
student will be given. Students with disabilities will be eligible for
additional grants
as provided for in the scheme.
1388. The Ministry launched
five new schemes for the welfare of the OBCs. They include pre-examination
coaching, hostels for boys
and girls, pre-matric and post-matric scholarships
and assistance to voluntary organizations working for the welfare of OBCs.
Educational development programmes of Wakfs
1389. The Central Wakf Council collects six per cent as donation on loans advanced by it to Wakf institutions under the scheme for the development of urban Wakf properties. The amount thus received is deposited in the education fund. The interest earned on the bank deposits, as well as interest accrued from the revolving fund is also credited to the education fund. This fund is utilized in financing:
Box 8.35: Passing marks limit reduced for SC, ST
candidates
The Supreme Court on Saturday held that reduction to an extent of 10 per
cent of passing marks for Scheduled Castes and Scheduled
Tribes departmental
candidates vis-a-vis passing marks for general category candidates is
permissible when recruitment to higher posts in the department is confined only
to SC/ST candidates, who compete for posts reserved for them in the hierarchy of
departmental cadres.
|
Source: The Pioneer 21st November, 1999
Ashram schools for the education of tribal children
1390. The concept of ashram Schools originated in Gujarat in 1922, when Thakkar Bapa, a social reformer initiated an experiment in Panchmahal for the benefit of tribal children. His successful experiment imparted education along with training in vocations/crafts. Later, he introduced the scheme in Maharashtra and Bihar as well. After Independence, various voluntary organizations in Maharashtra, Gujarat and Orissa established ashram schools as part of their developmental work. During the First Five-Year Plan, there was an attempt by the Government to open such ashram schools in tribal areas, which gained momentum from the Third Five-Year Plan onwards.
1391. Ashram schools have been viewed as effective institutions to meet the educational needs of tribals living in backward and scattered habitations, where opening a normal school is unviable. The ashram school provides an atmosphere in which the inmates are offered full opportunities for total personality development and growth. These schools are residential, wherein free boarding and lodging along with other facilities and incentives are offered. The major thrust of ashram schools is on imparting skills in crafts and vocations, along with providing general education.31
1392. As many as 353 ashram schools in TSP Areas were envisaged by the end of the Eighth Plan (1996-97). During 1997-98, the construction of 101 ashram schools was taken up to accommodate 1,270 ST inmates/students.
Box 8.36: Evaluation of Ashram schools
A research study was sponsored by the Ministry of Social Justice and
Empowerment, GOI. The study, which began in 1996, was carried
out in eight
states having a concentration of tribal population. These included Andhra
Pradesh, Bihar, Madhya Pradesh, Maharashtra,
Orissa, Rajasthan and West Bengal.
The study was of an evaluative type, in which 20 ashram schools were
selected from each of the eight States. From these 160 selected schools, 2,589
students were selected and the required
information about the school, the
hostel, teaching, etc., was gathered from these students with the help of a
semi-structured interview
schedule. The background information of the students
was gathered along with the requisite information. Some interesting
findings:
– About 41 per cent students females and the highest percentage of
female students was found in Madhya Pradesh.
– About 68 per cent students belonged to the 11-15 age- group,
whereas about 16 percent were in the age-group of above 15 years.
– The respondents belonged to 19 different tribes, and the
highest percentage of respondents belong to the Gond tribe (12.6 per cent),
followed by Santh al (10 per cent), Meena (9.5 per cent) and Oraon (7.9 per
cent).
– About 47 per cent fathers and 81 per cent mothers of the
respondents were illiterate. About 2.4 percent fathers had educational
levels of
graduation and above. On the other hand, there is only one case of a graduate
mother from Bihar.
– About 75 per cent of the fathers of the respondents were in
agricultural occupation and only about eight per cent fathers were in service.
In the case of mothers, about 59 per cent were agricultural labourers,14.2
percent were wage earners and about 25 per cent were housewives.
There was an upward trend in the admission of tribal students from the year
1991. There was a jump of 50 per cent in admissions in
1991 as compared to 1990.
However, in 1995 there was a slight decline as compared to the figures of 1994.
About 84 per cent students reported that there no other
education-cum-residential facilities available near their village, and the
main
reason for their seeking admission in such schools.
|
Source: Educating Tribals in India, A Study of Ashram Schools by B.S. Nagi – Council for Social Development, Lodhi Estate, New Delhi, pp. 61-67.
Box 8.37: Delhi: A Case Study
The Urdu-medium schools of the Municipal Corporation of Delhi (MCD), along
with other voluntary organisations working in the field
of education, have
played an important role in providing education to Muslim girls in Muslim
concentrated areas of Delhi. They have
identified Muslim boys and girls in the
age group of 6-11 not coming to schools, brought them to MCD Urdu-medium schools
and got
them admitted. MCD has opened some new Urdu-medium classes in the
already existing MCD schools and appointed Urdu teachers (lady
teachers for
girls) for these new schools. They have also opened some purely Urdu-medium
schools for girls and boys.
Some Findings
During 1983-89:
The study shows that Muslim girls are performing better
than Muslim boys in primary and secondary schools in Delhi. Girls’
achievement
level is 57 per cent, while the boys are at 53 per cent. It is a
healthy trend that Muslim parents are taking girls’ education
seriously.
|
Source: Centre for Research in Rural and Industrial Development, Chandigarh, 1981
Education of children of linguistic minorities
1393. In terms of the recommendations in the Fifth Report of the Commission for Linguistic Minorities, a pamphlet giving general information on the safeguards and facilities provided by the State Government to linguistic minorities in the State is being printed and published by the State Governments. As per these pamphlets, by and large, the criterion for providing facilities for instruction in the mother tongue in lower primary schools is fixed at a minimum of 10 pupils for each standard or an aggregate of 40 pupils in standard I - IV. In the upper primary schools, these figures are fixed at 10 pupils for each standard or an aggregate of 30 pupils in standard V - VII. In secondary schools, these figures are fixed at 15 for each standard or 45 pupils in standard VIII - X and 60 pupils in standard VIII - XI of higher secondary schools. In order to implement these safeguards, all primary schools are to entertain applications from parents of children belonging to linguistic minority groups for a period of three months, ending a fortnight before the commencement of the school year. Heads of all primary schools are to open registers for entering such applications three months prior to the date of closing of admission in schools. In the case of private schools, the education officers are authorized to call upon any management to open separate divisions in schools for the linguistic minorities. Language and subject textbooks of minority languages are published by the Government for use by primary and secondary school pupils. Guidelines are also laid down by the Government permitting Government correspondence, publicity materials and maintenance of records in minority language in areas where 15 per cent or more of the population speaks a language different from the majority language of the State. Instructions are also issued by the Government to give adequate representation to linguistic minorities in various committees according to merit. Guidelines are also issued enabling the linguistic minorities to take their recruitment tests to public services in the State in their mother tongue.32
Health interventions
1394. The health and nutrition status of the socially
disadvantaged groups, especially that of SCs and STs continues to be a major
concern of the Government, as these communities live mostly in such areas which
are neglected, remote, inaccessible and are endemic
with diseases like malaria
and tuberculosis. Keeping their specific needs in mind, the Government has been
paying special attention
by setting up Primary Health Centres (PHCs) with
relaxed norms. However, a review of the existing situation reveals that the
health
and nutrition status of these special groups needs priority attention in
the Ninth Plan.
1395. The National Health Policy (1993) while recognizing the
heterogeneous tribal population and their varied health problems, accorded
a
high priority to extending health services to those residing in backward rural
areas, with a concentration of SCs and to hilly
and remote areas with tribal
population. It laid special attention on endemic diseases like malaria, and
tuberculosis. The strategy
adopted for meeting the health care needs during the
Eighth Plan period includes provision of preventive as well as curative services
through health care institutions and at the village level through health guides
and trained dais (midwives).33
Table 8.14: Literacy rates of STs
Category
|
1971
|
1981
|
1991
|
Male
|
17.63
|
24.52
|
40.65
|
Female
|
4.85
|
8.04
|
18.19
|
Total
|
11.30
|
16.35
|
29.60
|
Source: Registrar General of India
1396. As the tribal population concentrations and habitations are located in difficult and isolated hill/forest areas and terrain, the Government has adopted relaxed norms for PHCs viz., one PHC for every 20,000 population and one sub-centre for every 3,000 population. In order to give focused attention to SCs, the State Governments were advised to set up at least 15 per cent of the sub-centres in villages and habitations having 20 per cent or more SC population and to direct 7.5 per cent of their annual targets to tribal areas. To the same effect, mobile dispensaries and medical camps were organized to provide health facilities in States and UTs.34
Table 8.15: Literacy rates of STs
|
Total
|
Rural
|
Urban
|
||||||
Total
|
M
|
F
|
Total
|
M
|
F
|
Total
|
M
|
F
|
|
India
|
16.35
|
24.52
|
8.04
|
14.92
|
22.92
|
6.81
|
37.93
|
47.60
|
27.32
|
W.B.
|
13.21
|
21.16
|
5.01
|
12.72
|
20.69
|
4.53
|
25.72
|
32.36
|
18.02
|
M.P.
|
10.68
|
17.74
|
3.60
|
10.05
|
16.91
|
3.19
|
27.62
|
38.64
|
15.18
|
A.P.
|
7.82
|
12.02
|
3.46
|
6.80
|
10.68
|
2.78
|
23.27
|
31.50
|
14.14
|
Orissa
|
13.96
|
23.27
|
4.76
|
13.42
|
22.63
|
4.34
|
25.18
|
36.05
|
13.69
|
Source: Registrar General of India
Legislative
measures
Protection of Civil Rights (PCR) Act, 1955
1397. As per
provisions under Section 15-A of the PCR Act, the State Governments take
measures to ensure that the rights arising from
the abolition of untouchability
are made available to, and availed of, by persons subjected to untouchability.
These measures may
include the provision of adequate facilities, including legal
aid, appointment of officers for initiating or exercising supervision
over
prosecution for the contravention of the provisions of this Act, setting up of
Special Courts for the trial of offences under
this Act, etc.
1398. Special
measures such as constitution of committees/special cells/squads have been taken
up by most States for supervising implementation
of the Act properly. Assistance
is provided to SC/STs in various kinds of cases indirectly related to
untouchability offences and
atrocities, such as land disputes, by the State/ UT
Government.
1399. In order to check and deter crimes against SCs/ STs by persons
belonging to other communities, this Act was brought into force
from 1 January
1990. The POA Act defines categories of offences against SCs and STs as
“atrocities” for the purposes
of the Act. Rules were also notified
under the POA Act in 1995, which lay down among other things, norms for relief
and rehabilitation.
The POA Act prescribes punishments for corresponding
offences under the Indian Penal Code. Under the POA Act, State Governments are
required to take various measures which may include the provision of adequate
facilities, including legal aid, relief and rehabilitation
to victims and
dependents of victims of atrocities.
1400. The identification of areas where
persons are under any disability arising out of untouchability, and
atrocity-prone areas are
made and adoption of measures in such areas to ensure
safety of vulnerable sections is undertaken under both the above
measures.35
1401. Besides the IPC, the Protection of Civil Rights (PCR) Act of 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, are the two major legal instruments which help prevent atrocities against SCs and STs. Under these acts, as many as 434 special courts/mobile courts were set up in seven States. In addition, special cells/ squads/officers have also been appointed in 19 States to ensure effective implementation of the Act. In accordance with the PCR Act of 1955, special legal aid was also extended to victims of untouchability and other crimes through special officers, who ensured effective implementation of the Act, besides extending support for social and economic rehabilitation of the SC/ST victims.
Table 8.16: No. of crimes against SCs and STs during
1996-98
|
||
|
SCs
|
STs
|
Year
|
No. of crimes
|
% variation
|
No. of crimes
|
% variation
|
1996
|
31,440
|
-4.7
|
4973
|
-9.5
|
1997
|
27,944
|
-11.1
|
4644
|
-6.6
|
1998
|
25,638
|
-8.3
|
4276
|
-7.9
|
Source: Crime in India 1998, National Crime Records Bureau, Ministry of Home Affairs, GOI
The Child Marriages Restraint Act, 1929
1402. The Act prescribes the minimum age for marriage as 21 in case of males and 18 in case of females. It also provides for punishment in case where the statutory prescription of age is violated (section 3 to 6). No woman can be punished under the Act. However, while the Act prohibits marriages below the age of consent, child marriages are valid under all personal laws except in the case of Parsis and those married under the Special Marriage Act.
1403. The Child Marriage Restraint Act is applicable to all Indians irrespective of their religion.
Guardianship
1404. All personal laws till 1998 recognized the father as the natural guardian, giving the mother only the right of custody, where the mother became the guardian only after the father’s death, or if she obtained a declaration that the father was unfit to be the guardian of the child. The mother was also the natural guardian overriding the father if the child was illegitimate. However, on 18 February 1999, the Supreme Court handed down a landmark judgement in the Gita Hariharan case, that can be described as a ray of hope for Indian women on the eve of the new millennium. The Court held that “in all situations where the father is not in actual charge of the affairs of the minor, because of his indifference or because of an agreement between him and the mother of the minor (oral or written) and the minor is in the exclusive care and custody of the mother, or the father for any other reason is unable to take care of the minor because of his physical or mental incapacity the mother can act as the natural guardian of the minor”. The Court added that “all her (the mother’s) actions would be valid even during the lifetime of the father who would be deemed to be absent for the purposes of the two sections of the Acts”.
Box 8.38: Strategy for the Ninth Plan
The Ninth Plan commits to empower the SCs, STs, OBCs and Minorities as the
agents of socio-economic change and development.
For this, the most effective instrument which provides a special cushion
for these categories in meeting their basic needs is the
Special Plan of Action
of 1998. In this direction, efforts are being initiated to fill the critical
gaps in providing the basic minimum
services to those living below the poverty
line. These special efforts are expected to ensure that every habitation with
concentration
of these groups will have access to potable drinking water,
nutrition supplements with both macro and micro nutrients, primary health
care
services, primary education facilities, sanitation and housing for the
shelterless poor.
While formulating/implementing programmes for these groups, the Ninth Plan
will strive to ensure ‘People-Centred Development’
and
‘People’s Participation’ with effective involvement of
Panchayati Raj Institutions, in pursuance of the recent
Constitutional
(73rd and 74th) Amendments. Immediate steps will also be
taken for the devolution of financial as well as administrative powers to the
local self-Governments,
so that the marginalised groups will also get the
opportunities to participate not only in formulating the need-based programmes
but also in their effective implementation, supervision and monitoring. This
will not only go a long way in empowering these groups
but will also ensure that
the implementation of various developmental programmes is carried out in the
true sense of co-operative
federalism.
In the Ninth Plan, the vital ongoing programmes for the advancement of
these socially disadvantaged groups will be streamlined, strengthened
and
enriched to accomplish the unfinished task of bringing these sections on par
with the rest of the society. Simultaneously, new
measures, wherever necessary,
will be initiated to accelerate the process of empowering these weaker sections.
Empowerment of these
groups will, therefore, be attempted in an integrated
manner, essentially encompassing the three vital and inter-related components
viz., i) Social Empowerment; ii) Economic Empowerment; and iii) Social
Justice.
Scheduled Castes and Scheduled Tribes
The National Agenda of Governance clearly spells out the commitment of the
Government to safeguard adequately the interests of SCs,
STs and OBCs through
appropriate legal, executive and societal efforts and by large scale education
and empowerment.
Education, being the most effective instrument for socio-economic
empowerment, high priority will be accorded to improving the educational
status
of SCs and STs, Particularly that of the women and the girl children. The need
for a time-bound programme to improve the educational
status of the socially
disadvantaged groups has been identified as one of the immediate tasks to be
fulfilled during the Ninth Plan
as part of the total commitment of making the
country fully literate by 2005.
The earlier initiative of the Government to start creche facilities within
the school campus or nearer to the school will be revived/intensified
to ensure
that the girl children are not deprived of education as they have to play the
role of a mother-substitute in many respects,
when the mothers go out for work
to supplement the family income. Also, much-needed nutritional support through
the national feeding
programme of Mid-Day Meals (MDM) will be expanded/
universalised to reach the most interior and inaccessible rural, tribal and hill
areas.
The spread of literacy through the efforts of the National Literacy Mission
will be ensured so as to reach the backward rural, tribal
and urban slums. The
recent launching of Kasturba Gandhi Swatantrata Vidyalayas in 1997 is one of
such initiatives exclusively meant
for the educational improvement of girl
children belonging to SCs, STs, OBCs and Minorities.
Employment-oriented education and diversified vocational training, which
has been recognised as the need of the day, will be given
top priority.
Other Backward Classes (OBCs)
Efforts will also be made to ensure that the National and the State
Commissions, in pursuance of the directives of the Supreme Court,
will bring out
their final Lists of OBCs.
Minorities
The emphasis during the Ninth Plan will be on the overall socio-economic
development of minorities with special focus on their education.
The existing
scheme of Maulana Azad Education Foundation, New Delhi will be further
strengthened and supported to enable to expansion
of its activities and
promotion of education amongst women by providing additional facilities of
schools, colleges and hostels, offering
remedial coaching, upgrading the
existing institutions and networking with vocational and technical education.
In order to promote
higher and technical education amongst the minorities,
support will be extended to provide scholarships/ fellowships.
Plan outlays
While a total outlay of Rs 53.99 billion has been earmarked for both
Central and Centrally Sponsored Schemes including Special Central
Assistance
(SCA) to Special Component Plan (SCP) for SCs, an amount of Rs 95.68
billion (Provisional) has been allocated for State
Sector Schemes for empowering
the Socially Disadvantaged Groups viz., SCs, STs, OBCs and minorities in the
Ninth Five-Year Plan (1997-2002).
In addition to these, Plan allocations are
also earmarked through Special Central Assistance (SCA) to Tribal Sub-Plan (TSP)
and under
Article 275 (1) for the development of the Schedule Tribes and
Schedule Areas.
|
1405. The Guardian and Wards Act (GWA) is the substantive law that governs
the appointment of guardians for all classes of Indians
irrespective of their
religion. Under the GWA, a guardian is appointed for the person and the
property of the child. A guardian
need not always be a parent. And while
appointing a guardian the court must always take note of what is in the best
interest of
the minor. The court has to be guided by the age, sex and religion
of the minor, the character and capacity of the proposed guardian
and his
relationship with the minor and the wishes of the deceased parent. If the child
is able to exercise an intelligent preference,
the court should take note of it
(section 17, GWA). These are the broad parameters for proceedings under GWA to
appoint a guardian.
Proceedings can be initiated in district court and a high
court in its original jurisdiction.
1406. The Act is exhaustive, with 51
sections dealing with matters pertaining to a minor’s person and property.
The ultimate
thrust is on safeguarding the interests of the
child.
1407. Under Muslim law, a father is entitled to the custody of male
children over seven years. This provision prevailed even though
the minors
expressed their wish to stay with their mother as they were not of an age when
they could make an intelligent preference
(AIR 1989 Bombay P. 357,
Farzanabi vs S.K. Ayub Dadamiya).
1408. There has been a gradual
increase in the literacy rates of SCs and STs since independence.
1409. The
reports of the National Commission on Scheduled Castes and Scheduled Tribes
indicate that the vast majority of Dalits and tribals remain poor,
illiterate and lack requisite skills for competing in the modern world.
Educational backwardness of female
STs and SCs has been both the cause and the
result of their low status and subjugated position in society.
1410. The
crimes committed against SCs and STs vis-à-vis the general population as
reported by the National Crimes Record Bureau,
New Delhi, are indicated in table
8.18.
1411. The total incidence of crimes against SCs and STs under the
Indian Penal Code (IPC) and under Special Laws (SL) such as the
Protection of
Civil Rights Acts, 1955 and The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 was
reported to be 25,638 and 4,276
respectively during 1998. These crimes have shown a continuous declining trend
during the last three
years.36
SECTION IX
LOOKING AHEAD
1412. Clearly, India stands today at a crucial crossroad in its path towards greater social progress and actualization of children’s rights, both of which are inextricably linked to each other, and to which the Government is deeply committed. Though we have come a long way since Independence on several social and economic fronts, we have yet a long way to go to fulfil all the pledges that we have made to our children.
1413. Our legislation, policies and programmes are in place and continue to evolve and respond to contemporary requirements in a fast changing world. We have in the last decade witnessed tremendous progress in the areas of literacy, especially female literacy, and women’s empowerment. We are confident that it is a matter of time that our proactive policies with regard to education, viz: universal elementary education and the special focus on female literacy, and Women’s Empowerment will gather further momentum and translate themselves into improved indicators relating to child survival, childcare, health and nutrition, and literacy, especially of the girl child, who holds the key for the future.
1414. An analysis of the last decade has underscored the critical importance of the health, literacy and economic skill development of the adolescent girl. This has been clearly acknowledged by the policy makers and planners and will form the focal point of human resource development during this decade. Again, it is a matter of time that the health, literacy and economic empowerment of the adolescent girl will translate itself into later marriage, safer motherhood and improved maternal health, smaller families, improved childcare and survival, higher literacy rates and lesser gender discrimination.
1415. We will in the next year universalize the Integrated Child Development Services Programme to cover the entire country, and during this decade our aim will be to upscale the quality of services under the programme. The present decade will also see a sustained focus on the eradication of malnutrition and micro-nutrient deficiencies, that are insidiously preventing our children from realizing their complete potential. The National Nutrition Mission has been announced by the Hon’ble Prime Minister of India on 15 August 2001, and is in the process of being operationalized. We expect that with a focus on the eradication of malnutrition through the intergenerational, life-cycle approach we will be able to make an appreciable dent in the problem of malnutrition in a long-term and sustained manner.
1416. Our efforts towards child protection, prevention of trafficking of children, and elimination of child labour will receive further impetus through the amendment of the Immoral Traffic Prevention Act, and the establishment of the National Commission for Children that will not only act as an Ombudsman for children, but will also monitor child rights throughout the country. Most importantly, it is the Sarva Shiksha Abhiyaan that will be the key catalyst for a long-term and sustainable solution for eliminating child labour.
1417. Our focus during this decade will also be reaching the children not reached thus far, and devising special mechanisms to implement programmes successfully in the pockets of backwardness and chronically backward areas in the country.
1418. The preparation of this Country Report has been an extremely educating and rewarding experience, as it has made us see firsthand the connectivity and complexity of socio-economic indicators in relation to the fulfilment of children’s rights. We are happy that the facts and analyses presented in this Country Report are the very latest, taken from the Census 2001, National Family Health Survey 1999 and the Multi-Indicator Cluster Survey 2000. We are confident that through our renewed commitment, acceleration of our ongoing programmes and through new initiatives to address the gap areas, we will be able to achieve much greater progress for securing children’s rights during this decade.
V.S. Rao
Joint Secretary
Department of Women and Child
Development
Ministry of Human Resource Development
Government of
India
New Delhi-110 001
Bibliography
Abbreviations
ANC Antenatal Care
ANM Auxiliary Nurse Midwife
APACR Andhra Pradesh Alliance for Child Rights
APCRAF Andhra Pradesh Child Rights Forum
APSA Association for Participation in Social Action
ARI Acute Respiratory Infection
ARWSP Accelerated Rural Water Supply Programme
AUWSP Accelerated Urban Water Supply Programme
AWW Anganwadi Worker
BHN Better Health and Nutrition
BIMARU Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh
BPL Below Poverty Line
BPNI Breastfeeding Promotion Network
C P C Code of Civil Procedure
CARA Central Adoption Resource Agency
CBR Community-Based Rehabilitation
CFSI Children’s Film Society of India
CHC Community Health Centre
CIET Central Institute of Educational Technology
CNAA Community Needs Assessment Approach
CPCB Central Pollution Control Board
Cr. P C Code of Criminal Procedure
CSSM Child Survival and Safe Motherhood
CSWB Central Social Welfare Board
CWC Concerned for Working Children
DINK Double Income No Kids
DPEP District Primary Education Programme
DWCD Department of Women and Child Development
EPA Environment Protection Act
ETV Educational Television
FNB Food and Nutrition Board
FORCES Forum for Crèche and Childcare Services
FRU First Referral Unit
GDP Gross Domestic Product
GOI Government of India
HAMA Hindu Adoption and Maintenance Act, 1956
HUDCO Housing and Urban Development Corporation
IAP Indian Academy of Paediatrics
ICCW Indian Council for Child Welfare
ICDS Integrated Child Development Services
IDA International Development Agency
IEC Information Education Communication
IEDC Integrated Education for Disabled Children
IGNOU Indira Gandhi National Open University
IMA Indian Medical Association
IMR Infant Mortality Rate
IMS Infant Milk Substitutes Act
INEC Integrated Nutrition Education Camps
INHP Integrated Nutrition and Health Programme
INPD Indian News Pool Desk
IPC Indian Penal Code
ITI Industrial Training Institute
ITPA Immoral Traffic (Prevention) Act, 1956
IUCCA Inter-University Centre for Astronomy and Astrophysics
IYDP International Year of Disabled Persons
JJA Juvenile Justice Act
LBW Low Birth Weight
LCS Low Cost Sanitation
LHV Lady Health Visitor
MAP Maghreb Arabe Press
MCH Maternal Child Health
MCI Medical Council of India
MHRD Ministry of Human Resource Development
MMR Maternal Mortality Rate
MNP Minimum Needs Programme
MSPAC Manipur State Plan of Action for Children
MTP Mid Termination of Pregnancy
NACO National AIDS Control Organisation
NACSET Network Against Commercial Sexual Exploitation and Trafficking
NANAP Non-Aligned News Agencies Pool
NBDC National Book Development Council
NBPC National Book Development Council
NCCL National Centre for Children’s Literature
NCERT National Council for Educational Research and Training
NCF National Crèche Fund
NCM National Coordination Mechanism
NCW National Commission for Women
NCYP National Centre of Films for Children and Young Persons
NER North Eastern Region
NFE Non-Formal Education
NFHS National Family Health Survey
NGO Non-Government Organisation
NHED Nutrition, Health and Education
NHRC National Human Rights Commission
NIEPA National Institute of Educational Planning and Administration
NIPCCD National Institute for Public Cooperation an Child Development
NIHFW National Institute of Health and Family Welfare
NMDFC National Minorities Development and Finance Corporation
NPAC National Plan of Action for Children, 1992
NPAGC National Plan of Action for the Girl Child
NRCCL National Resource Centre in Child Labour
NYKS Nehru Yuva Kendra Sangathan
OBC Other Backward Class
ORS Oral Rehydration Salt
ORT Oral Rehydration Therapy
OTC Orientation Training Camps
OTP Orientation Training Programme
PDS Public Distribution System
PHC Primary Health Centre
PHED Public Health Engineering Department
PIED Project Integrated Education for the Disabled Children
PIL Public Interest Litigation
PNDT Prenatal Diagnostic Techniques Act, 1994
PPI Pulse Polio Immunisation
PTI Press Trust of India
PWD Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act
R&D Research and Development
RBD Registration of Birth and Death Act, 1969
RCH Reproductive and Child Health
SAARC South Asian Association for Regional Cooperation
SACS State AIDS Control Society
SCERT State Council for Educational Research and Training
SEBC Socially and Educationally Backward Class
SIE State Institute for Education
SITE Satellite Instructional Television Experiment
SSA Sarva Shiksha Abhiyaan
SSC Senior Secondary Certificate
SWRC Social Work and Research Centre
TPDS Targeted Public Distribution System
TSC Total Sanitation Campaign
UIP Universal Immunisation Programme
WFP World Food Programme
WHO World Health Organization
ENDNOTES
Information Update
1. D O No F. 12-11/2002-EE dated 6.6.2002, Department of Elementary Education and Literacy, Ministry of Human Resource Development, Government of India.
2. D O No 5-3/2001-SD (CW) dated 1.10.2002, Ministry for Social Justice and Empowerment, Government of India.
3. Ibid.
4. Ibid.
5. Crime in India-2000, N C R B, Ministry of Home Affairs, Government of India.
6. India report, United Nations General Assembly Special Session on Children, May 2002,Department of Women and Child Development, Ministry of Human Resource Development, Government of India, p.34.
Action Taken on the Concluding Observations of the United Nations Committee on Child Rights
1. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI.
SECTION I
General Measures of Implementation
1. Children, Law and Justice: A South Asian Perspective, Savitri Goonesekere, SAGE, 1998, page 25.
2. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 1.
3. Report on National Seminar on Implementation of Child Labour Reports, National Resource Centre in Child Labour, V.V. Giri national Labour Institute, 1997, pp. 7 & 8.
4. D. O No 6/5/20001-VC(CRS) dated March 12, 2001, Registrar General Office, GOI.
5. Times of India, January 12, 2001.
6. Gujarat State Report on CRC, Government of Gujarat, 2000, pp. 8-10.
7. Gujarat State Report on CRC, Government of Gujarat, 2000, pp. 8-10.
8. Information provided by UNICEF, India.
9. State report on CRC, Government of Tamil Nadu, 2000, page 6.
10. State Report on CRC, Government of Tamil Nadu, 2000, page 6.
11. Information provided by UNICEF, India.
12. State Report on CRC, Government of Tamil Nadu, 2000, page 6.
13. Annual Report, 1999-2000, department of Women and Child Development, Ministry of Human Resource Development, GOI, pp. 45-47.
14. Economic Survey, 1999-2000, GOI, pp. 164 & 165.
SECTION II
Definition of the Child
1. Children, Law and Justice: A South Asian Perspective, Savitri Goonesekere, SAGE,1998, page 141.
2. Implementation Hand Book for the Convention on the Rights of the Child, UNICEF, page 1.
3. Child and Law, Indian Council for Child Welfare, Chennai, Tamil Nadu, India, 1998, page 210.
4. Ibid.
5. Ibid.
6. No. NI/PC/SAP/132/2000/908, dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 4.
7. Child and law, Idian Council for Child Welfare, Chennai, Tamil Nadu, India, 1998, page 218..
8. Ibid
SECTION III
General Principles
A. Best Interests of the Child
1. Child and Law in India, Indian Council of Child Welfare, Chennai, Tamil Nadu, 1998, pp. 6, 11-15.
2. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 5.
3. Gujarat State Report on CRC, Government of Gujarat, GOI, 2000, page 18.
4. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 6.
5. NI/PC/SAP/132/2000/1908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 13.
6. Gujarat State Report on CRC, Government of Gujarat, GOI, 2000, page 19.
7. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 7.
8. Gujarat State Report on CRC, Government of Gujarat, GOI, 2000, page 19.
9. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 8.
General Principles
B. Non-Discrimination
1. Subhash C. Kashyap, Our Constitution, National Book Trust, New Delhi, 1994, pp. 91, 93, 96, 117-118.
2. Savitri Gooneseker, Children, Law and Justice: A South Asian Perspective, SAGE, 1998, , page 141
3. Ibid, page 146.
4. The National Commission for Scheduled Castes and Scheduled Tribes—Booklet, Indian Social Institute, New Delhi, page 3.
5. State Report on CRC, Government of Tamil Nadu, 2000, page 9.
6. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Co-operation and Child Development, GOI, page 5.
7. “Responses of the Government to the Problems of the Girl Child”, Sarala Gopalan and Vijay Bhaskar.
8. Rights of Children with Disabilities, 1999, National Institute for Public Cooperation and Child Development, GOI, pp. 42, 44, 45, 47, 51.
9. Street Children: Problems and Intervention Strategies, Asha Rane, Tata Institute of Social Sciences, Mumbai, India, pp. 11, 12, 14, 15.
10. Challenging Gender Disparities in Childhood: Glimpses of Girlhood in India, 1998, UNICEF, India, page 3
11. Platform for Action Five Years After—An Assessment, 2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI.
12. Gender and Governance in India, D Bandyopadhyay, Economic and Political Weekly, July 29, 2000, page 2697.
13. State Report on CRC, Government of Tamil Nadu, 2000, page 18.
14. Platform for Action Five Years After—An Assessment, 2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI.
15. Kerala State Report on CRC, Government of Kerala, 2000, page 6.
16. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Co-operation and Child Development, GOI, page 5.
General Principles
C. The Right to Life, Survival and
Development
1. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 8.
2. Female Infanticide and Foeticide—A Legal Perspective, Centre for Child and the Law, National Law School of India, Bangalore, India, 1999, page 5.
3. National Profile on Women, Health and Development, Country Scenario—India, Voluntary Health Association of India, India, April 2000, page 17.
4. Ibid, page 99.
5. Integrated Child Development Services (ICDS)—Booklet, Department of Women and Child Development, Ministry of Human Resource Development, GOI.
6. Annual Report, 1999–2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI, pp. 5, 37-38.
7. Female Infanticide and Foeticide—A Legal Perspective, Centre for Child and the Law, National Law School of India, Bangalore, India, 1999, pp. 48–49.
8. D.O. No 6/5/96-VS(Cord.) dated May 3, 2000, Registrar General of India, GOI.
General Principles
D. Respect for the Views of the
Child
1. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, pp. 10–11.
SECTION IV
Civil Rights and Freedom
1. Reply to Lok Sabha starred question No +418 for 22. 8. 2000 by Shri Madhavrao Scindia regarding Birth Registration.
2. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 12.
3. Ibid.
4. The Child and Law, Indian Council for Child Welfare, Chennai, Tamil Nadu 1998, page 6.
5. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 17.
6. Ibid, page 16.
7. Ibid, page 14.
8. Ibid, page 14.
9. Children, Law and Justice: A South Asian Perspective, Savitri Gooneskere, SAGE, 1998, page 341.
10. National Agenda of Governance.
11. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, pp. 40, 42.
12. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page14.
13. Annual Report, 1999–2000, Department of Youth Affairs and Sports, GOI, pp. 14, 21–22.
14. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute
for Public Cooperation and Child Development, GOI, page
15.
15. Children, Law and Justice: A South Asian
Perspective, Savitri Goonesekere, SAGE, 1998.
16. Role of Media in Education for All, Avik Ghosh, National Institute of Educational Planning and Administration, GOI, 2000, page 2.
17. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 16.
18. Role of Media in Education for All, Avik Ghosh, National Institute of Educational Planning and Administration, GOI, 2000, page 2.
19. Annual Report, 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, GOI, pp. 147–149.
20. Annual Report, 1999–2000, Ministry of Information and Broadcasting, GOI, pp. 56-57.
21. No. F-9/99-2000/PPMED, October 17, 2000, NCERT, GOI.
22. Annual Report, 1999–2000, Ministry of Information and Broadcasting, GOI, page 23.
23. Annual Report, 1999–2000, NCERT, GOI, pp. 91–92
24. Annual Report, 1999–2000, Ministry of Information and Broadcasting, GOI, page 43.
25. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child development, GOI, page 16.
26. Child and Law in India, Indian Council for Child Welfare, Chennai, Tamil Nadu, 1998, pp. 72–73.
27. http://mib.nic.in/information & b/codes/broadcasting.htm
28. NI/PC/SAP/132/2000/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, page 17.
29. Ibid
SECTION V
Family Environment and Alternate Care
1. Children, Law and Justice - A South Asian Perspective, Savitri Goonesekere, SAGE, 1998, pp. 103-104.
2. Enhancing the Role of the Family as an Agency for Social and Economic Development, Unit of family studies, Tata Institute of Social Sciences, Mumbai, India, pp. 2, 20.
3. "The Hindu "- Folio - The Child, February 7, 1999, page 25. Folio is a weekly supplement of the Hindu newspaper.
4. Encyclopaedia of Laws of the Child in India, S.P. Shaw, Alia Law Agency, 2000, page 641.
5. Response N1/PC/SAP/132/2000/908, dated 31 July, 2000, National Institute for Public Co-operation and Child Development, GOI, page 18.
6. State Report of Gujarat, Government of Gujarat, GOI, page 29.
7. ICDS Booklet, Department of Women and Child Development, Ministry of Human Resource Development, pp. 22, 23.
8. Annual Report, 1999-2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI, page 77.
9. Encyclopaedia of Laws of the Child in India, S.P. Shaw, Alia Law Agency, 2000 page 217.
10. Annual Report, 1999-2000, Ministry of Labour, GOI, pp. 107, 109, 153.
11. Response NI/PC/SAP/132/2000/908 dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, page 19.
12. Annual Report, 1999-2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI, pp. 49, 50.
13. Mid-term Appraisal of Ninth Five Year-Plan, Planning Commission, GOI.
14. "Encyclopaedia of Laws of the Child in India", S.P. Shaw, Alia Law Agency, 2000, pp. 606 - 608.
15. Annual Report, 1995-96, National Commission for Women, GOI, page 59, 62
16. Child and Law in India, Indian Council for Child Welfare,
Chennai, Tamil Nadu, India, 1998,
page 200.
17. Response NI/PC/SAP/132/ 2000/ 908, dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, page 20.
18. Handbook on CRC Implementation, page 139.
19 Ibid., page 68:
20. Manual on Adoption, A Guidebook on Principles, Practices and Procedures, Indian Association for Promotion of Adoption, page 3.
21. State Report on CRC, Government of Tamil Nadu, GOI, 2000, page 7.
22. Bare Act—The Persons and Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995.
23. Bitter Chocolate: Child Sexual Abuse in India, Pinki Virani, Penguin Books, 2000, page 19.
24. Ibid., page 20.
SECTION VI
Basic Health and Welfare
A. Health and Health Services
1. Ninth Five–Year Plan, 1997–2000, Volume II, Thematic Issues and Sectoral Programmes, Planning Commission, GOI, pp. 81, 322.
2. India Report on Follow–up to the World Summit for Children, 2000, Department of Women and Child Development, Ministry of Human resource Development, GOI.
3. No. Z. 16015/11/95–MCH/CH dated 13/06/2000, Department of Family Welfare, Ministry of Health and Family Welfare, GOI.
4. Annual Plan, 2000–01, Planning Commission, GOI, page 183.
5. Rights and Opportunities, The Situation of Children and Women in India, UNICEF, India, page 42.
6. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 315–320.
7. Annual Report, 1999–2000, Ministry of Health and Family
Welfare, Government of
India, pp. 4, 5.
8. Integrated Child Development Services, Department of Women and Child Development, Ministry of Human Resource Development, GOI, pp. 8–10.
9. ibid, page 52.
10. No.Z.16015/11/95–MCH/CH dated 13/6/2000, Department of Family Welfare, Ministry of Family Health and Welfare, GOI.
11. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, page 53.
12. N1/PC/SAP/132/2000/908 dated 31-7-2000, National Institute for Public Co-operation and Child Development, GOI, page 46.
13. Annual Report, 1999–2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI page 46.
14. No.Z.16015/11/95–MCH/CH dt 13/6/2000, Department of Family Welfare, Ministry of Family Health and Welfare, GOI.
15. India, National Family Health Survey (NFHS–II), 1998–99, International Institute for Population Sciences, Mumbai, India, page 205
16. India, National Family Health Survey (NFHS–II), 1998–99, International Institute for Population Sciences, Mumbai, India, pp. 202–205, 208.
17. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 62–64.
18. India, National Family Health Survey (NFHS–II), 1998–99, International Institute for Population Sciences, Mumbai, India, pp. 263–270.
19. Ibid, pp. 251, 256-257.
20. Ibid, page 266.
21. Ibid, pp. 271–276.
22. Ibid.
23. Ibid, pp. 213–215.
24. Annual Report, 1999–2000, Department of Women and Child Development, Ministry of Human Resource Development, pp. 73-83.
25. N1/PC/SAP/132/2000/908 dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, pp. 41–42.
26. Annual Report, 1999–2000, Department of Women and Child Development, Ministry of Human Resource Development, pp. 81-82.
27. N1/PC/SAP/132/2000/908 dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, page 41.
28. Annual Report, 1999–2000, Department of Women and Child Development, Ministry of Human Resource Development, page 82.
29. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, page 196.
30. Annual Report, 1999–2000, Department of Women and Child Development, Ministry of Human Resource Development, page 72.
31. India, National Family Health Survey (NFHS–II), 1998–99, International Institute for Population Sciences, Mumbai, India, page 220.
32. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 165, 170.
33. Promises to be Kept, Dr. K Suresh, UNICEF, Indian Academy of Paediatrics—2001 Annual Conference.
34. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, page 174.
35. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 177-179.
36. State Report on CRC, Government of Tamil Nadu, 2000, page 23
37. Ibid, page 24
38. Ibid, 2000, page 24
39. Ibid, pp. 127, 165.
40. National Population Policy, 2000, Ashish Bose, Economic and Political Weekly, March 25, 2000.
41. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 79, 80.
42. D O No 6/5/2001-VS(CRS) dated 12 March, 2001, Office of Registrar General of India, GOI
43. National Consultation on Medico–legal Issues related to Female Foeticide—A Report, The Centre for Child and Law, National Law School of Indian University, Bangalore, India, pp. 2–3.
44. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 182–183.
45. The HIV Epidemic in India, 1999, An Overview.
46. UNAIDS–Joint United Nations Programme on HIV/AIDS, Facts and Figures.
47. Annual Report, 1999–2000, Ministry of Health and Family of Welfare, GOI, pp. 183, 187.
48. UNAIDS–Joint United Nations Programme on HIV/AIDS, National AIDS Policy, page 3.
49. Letter dated 15 March, 2001, National AIDS Control Organisation, GOI.
50. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, page 188.
51. Department of Health National AIDS Control Organisation Brief on NACP–Phase–II, pp. 3–6.
52. UNAIDS–Joint United Nations Programme on HIV/AIDS, National AIDS Policy, pp. 3 & 4.
53. Country Scenario, 1998–99, National AIDS Control Organisation, Ministry of Health and Family Welfare, GOI, pp. 29–33.
54. Letter dated 15 March, 2001, National AIDS Control Organisation, GOI.
55. Letter dated 15 March, 2001, National AIDS Control Organisation, GOI.
56. Ibid.
57. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 73–74.
58. No. Z.16015/11/95–MCH/CH dated 13/6/2000, Department of Family Welfare, Ministry of Health and Family Welfare.
59. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 111, 113 – 115.
60. No Z.16015/11/95–MCH/CH dated 13/6/2000, Department of Family Welfare, Ministry of Family Health and Welfare, GOI.
61. Annual Report, 1999–2000, Ministry of Health and Family Welfare, GOI, pp. 4, 5.
62. State of India’s Environment–5, The Citizen’s Fifth Report, Part–I National Overview, Centre for Science and Environment, New Delhi, 1999, pp. 190, 58.
63. Ibid, page 63.
64. India Development Report 1999–2000. IGIDR, Oxford, page 85.
65. Water pollution in India, Law and Enforcement, Dr. Bharat Desai, School for International Studies, Jawaharlal Nehru University, New Delhi, pp. 187, 122, 123, 48.
66. State of India’s Environment–5, The Citizen’s Fifth Report, Part–I National Overview, Centre for Science and Environment, New Delhi, 1999, pp. 168, 283, 169.
67. NI/PC/SAP/132/2000/908 dated 31-7-2000, National Institute for Public Cooperation and Child Development, GOI, pp. 42, 43.
68. State of India’s Environment–5, The Citizen’s Fifth Report, Part–I National Overview, Centre for Science and Environment, New Delhi, 1999, page 362.
69. Annual Report, 1999–2000, Ministry of Environment and Forests, GOI, page 5.
70. Ibid, pp. 73, 77, 81, 86, 89.
71. Prevalence of Lead Toxicity and the Effect on Child Development in Pre–school Children, Centre for Micronutrient Research, Department of Biochemistry, Annamalai Nagar and Department of Biochemistry and Biophysics, St. John’s Medical College, Bangalore, India.
72. http://www.nandotimes.com.
73. Mitigating Fluorosis through Safe Drinking Water, UNICEF .
74. India Development Report, 1999–2000, IGIDR, Oxford, page 91.
75. N1/PC/SAP/132/2000/908 dated 31-7-2000, National Institute for Public Cooperation and Child Development, GOI, page 44.
76. Annual Report, 1999–2000, Ministry of Rural Development, GOI, pp. 139, 141.
77. Ibid, page 13.
78. Rights and Opportunities, The Situation of Children and Women in India, UNICEF, India, 1998, page 64
79. Proceedings of National Seminar on Rural Sanitation, organised by Rajiv Gandhi National Drinking Water Mission, UNICEF, Water Mission, India, page 18.
80. Annual Report, 1999–2000, Ministry of Rural Development, GOI, pp. 148, 149 & 151.
81. Ibid, pp. 13, 18.
82. Proceedings of National Seminar on Rural Sanitation, organised by Rajiv Gandhi National Drinking Water Mission, UNICEF, Water Mission, India, page 20.
B. Disabled Children
1. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, page 46.
2. Rights of Children with Disabilities, 1999, National Institute of Public Cooperation and Child Development, GOI, pp. 3, 42.
3. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, page 46.
4. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, pp. 47–48.
5. India Human Development Report: A Profile of Indian States in the 1990s Abusaleh Shariff, National Council of Applied Economic Research, India, 1999, pp. 148–149.
6. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, page 46.
7. Rights of Children with Disabilities, 1999, National Institute of Public Cooperation and Child Development, GOI, page 3.
8. Children, Law and Justice—A South Asian Perspective, Savitri Goonesekere, 1998, SAGE, page 225.
9. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, pp. 46–47, 56–58, 121–122.
10. Annual Report, 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, page 103.
11. Year 2000 Assessment, Education for All, Education of Children with Special Needs, NIEPA, Ministry of Human Resource Development, GOI, pp. 8–14.
12. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, pp. 55, 58–59.
13. Ibid, pp. 48–53.
14. Ibid.
15. Ibid, pp. 59, 152–166.
16. Ibid, pp. 59–61.
C. Social Security and Childcare Services and Facilities
1. Annual Report, 1999-2000, Ministry of Labour, GOI, page 65.
2. NI/PC/SAP/132/2000/908 dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, page 54.
3. Our Constitution: An Introduction to India’s Constitution and Constitutional Law, Subhash C. Kashyap, 1994, National Book Trust, pp. 127-129.
4. Annual Report, 1999-2000, Ministry of Labour, GOI, pp. 151-152
5. Ibid.
6. Ibid, pp. 65, 77, 78.
7. Economic Survey, 1999-2000, GOI, pp. 79-80.
8. Annual Report, 1999-2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, pp. 69-71.
9. Ibid, page 62.
10. Annual Report, 1997-98, Department of Women and Child Development, Ministry of Human Resource Development, GOI, page 5.
11. Ibid, pp. 24 to 25.
12. Annual Report, 1999-2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, page 107.
13. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI, pp. 19-23.
14. Ibid.
15. Ibid.
16. Ibid.
17. Annual Report, 1999-2000, Ministry of Labour, GOI, page 161.
18. Children, Law and Justice—A South Asian Perspective, Savitri Goonesekere, SAGE, 1998, page 196.
D. Standard of Living
1. Economic Survey, 1999-2000, GOI, pp. 20,21.
2. Ninth Five-Year Plan, 1997-2000, Volume II, Thematic Issues and Sectoral Programmes, Planning Commission, GOI, p. 10.
3. Ibid., page. 10
4. Economic Survey, 1999-2000, GOI, pp. 20,21.
5. Ninth Five Year Plan, 1997-2000, Volume II, Thematic Issues and Sectoral Programmes, Planning Commission, GOI, p. 285.
6. India Human Development Report: A Profile of Indian States in the 1990s, Abusaleh Shariff, National Council of Applied Economic Research, 1999, pp. 40, 45.
7. Ibid., pp. 86, 89.
8. Kerala State Report on CRC, Government of Kerala, GOI, 2000, p. 1.
9. India National Family Health Survey (NFHS-2), 1998-99, International Institute for Population Sciences, pp. 39, 40.
10. Economic Survey, 1999-2000, pp. 168-170.
11. Annual Report, 1999-2000, Ministry of Rural Development, GOI, pp. 32-36.
12. Annual Report, 1999-2000 Ministry of Urban Development and Ministry of Urban Employment and Poverty Alleviation, GOI, p. 11.
SECTION VII
Education, Leisure and Cultural Activities
A. Education, including Vocational Training and Guidance
1. Annual Report 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, MHRD, GOI, pp. 9–13.
2. Ibid, pp. 37–38.
3. Ibid, pp. 37–38.
4. Ibid, GOI.
5. State Report on CRC, Government of Tamil Nadu, 2000, pp. 29.
6. RBI Bulletin, GOI, May 2000, page 459.
7. Ibid, page19.
8. Quality Education in a Global Era, Country Paper: India, Fourteenth Conference of Commonwealth Education Ministers, Halifax, Nova Scotia, Canada, GOI, 2000, pp. 8, 9.
9. An analysis based on NSSO Survey 1998, National Literacy Mission, GOI.
10. Ibid.
11. Ibid.
12. Quality Education in a Global Era, Country Paper : India, Fourteenth Conference of Commonwealth Education Ministers, Halifax, Nova Scotia, Canada, GOI, 2000, page 15.
13. Year 2000 Assessment: Education for All, Financing of
Elementary Education in India, J.G.B.Tilak, NIEPA Ministry of Human Resource
Development, Ministry of Human Resource Development, GOI, 2000,
pp.
7–9.
14. Ibid., pp. 11–12.
15. Ibid., page 33.
16 Ibid., page 34.
17. Year 2000 Assessment: Education for All, Role of Private Schools in Basic Education, NIEPA, Ministry of Human Resource Development, Ministry of Human Resource Development, GOI , 2000, pp. 9–14
18. Public Report on Basic Education in India, OUP, 1999, page 32
19. Public Report on Basic Education in India, OUP, 1999, page 32
20. Ibid., page 121.
21. Quality Education in a Global Era, Country Paper: India, Fourteenth Conference of Commonwealth Education Ministers, Halifax, Nova Scotia, Canada, GOI, 2000, pp. 9–12.
22. Ibid., pp. 9–12.
23. Ibid., pp. 12–14.
24. Ibid., pp. 14–15.
25. Ibid.
26. Annual Report, 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, pp. 64, 68, 71.
27. Trends in Access and Retention: A Study of Primary Schools in DPEP Districts, Yash Aggarwal, NIEPA, DPEP, page 35.
28. Ibid.
29. Ibid.
30. Ibid.
31. Ibid.
32. Gujarat State Report on CRC, Government of Gujarat, 2000.
33. Punjab State Report on CRC, Government of Punjab.
34. Kerala State Report on CRC, Government of Kerala.
35. State Plan of Action for Children, Assam, Government of Assam, 1999, page 51.
36. Ibid.
37. Ibid.
38. Ibid.
39. Education of Girls in India: An Assessment, NIEPA, GOI, pp. 8, 9, 35, 22.
40. Year 2000 Assessment: Education for All, Role of Private Schools in Basic Education, Anuradha De et al, NIEPA, GOI, April 2000.
41. No. NI/PC/SAP/132/2000/908, 31 July, 2000, National Institute for Public Cooperation, GOI, page 58.
42. Status of Elementary Teachers in India, A.S. Seetharamu, NIEPA, GOI, pp. 15–23.
43. Trends in Access and Retention: A Study of Primary Schools in DPEP Districts, Yash Aggarwal, NIEPA, DPEP, GOI, page 35.
44. Janshala Newsletter, Vol. II, Issue 3, March–April 1999, GOI.
45. Ibid.
46. Ibid.
47. Status of Elementary Teachers in India, A.S. Seetharamu, NIEPA, GOI , pp. 15-23.
48. Para-teachers in Primary Education, DPEP, 1999, GOI, page 13-89.
49. Ibid.
50. Ibid.
51. Status of Elementary Teachers in India, A.S. Seetharamu, NIEPA, GOI, pp.15–23.
52. Ibid.
53. Annual Report, 1998–99, NCERT, GOI, pp. 4, 6, 15, 20.
54. Ibid.
55. No. F.4–9/99–2000/PPMED, NCERT, GOI, 17 October 2000.
56. Ibid.
57. Education for Human Development in South Asia, Anita Rampal,
Economic and Political Weekly,
22 July 2000.
58. Annual Report, 1999–2000, Department of Education.
59. Year 2000 Assessment: Education for All, Early Childhood Care and Education, Venita Kaul, NIEPA, GOI, April 2000, pp. 1–4
60. Ibid., page14.
61. Annual Report, 1999–2000 Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, pp. 59–77.
62. Speech of Shri Yashwant Sinha, Minister of Finance, presenting Central Government's Budget for 2000–2001, Part A, 29 February 2000, GOI, page18.
63. No F. SS/20001/DEE dated 12 March, 2001, National Council of Educational Research and Training, GOI.
64. No F. SS/20001/DEE dated 12 March, 2001, National Council of Educational Research and Training, GOI.
65. DPEP 2000: An Assessment of Trends in Access and Retention, Yash Agarwal, NIEPA, GOI, New Delhi, 2000, pp. 1–5.
66. No F. SS/20001/DEE dated 12 March 2001, National Council of Educational Research and Training, GOI.
67. Annual Report, 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, pp. 93–99.
68. Punjab State Report on CRC, Government of Punjab.
69. Annual Report 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, page 109.
70. Higher Education in India: Vision and Action, Country Paper, UNESCO World Conference on Higher Education in the 21st Century, Paris, 5–9 October, 1998, pp. 7–12.
71. No. NI/PC/SAP/132/2000/908, 31 July 2000, National Institute for public Cooperation and Child development, GOI, p. 58.
72. Annual Report, 1998–99, National Commission for Minorities, GOI , pp. 30–31.
73. Annual Report, 1999–2000, Ministry of Social Justice and Empowerment, GOI, pp. 19, 32,33, 40, 43, 44.
74. Ibid , pp. 19, 32,33, 40, 43, 44.
75. Ibid.
76. Every Child in School and Every Child Learning, DPEP, GOI, p.3.
77. Ninth Five-Year Plan, vol. II, pp. 108–110.
78. Ibid.
79. Platform for Action, Department of Women and Child Development, Ministry of Human Resource Development, p. 90.
80. No. F.4–9/99–2000/PAGEMED, NCERT, GOI, 17 October 2000.
81. Girl Child Week in Rajasthan (acquired from UNICEF).
82. No F. SS/20001/DEE dated 12 March 2001, National Council of Educational Research and Training, GOI.
83. Education for Children with Special Needs, NIEPA, GOI, pp. 14–15.
84. Status of Children of Women Prisoners in Indian Jails: A Research Note, Women's Link, vol.6, No. 2, April–June 2000.
85. Year 2000 Assessment: Education for All, Children: Work and Education, Rethinking on Out-of-School Children, Sharada Jain et al, MHRD, NIEPA, April 2000, p. 29.
86. No. NI/PC/SAP/132/2000/908, 31 July, 2000, p. 60.
87. Annual Report, 1999–2000, Department of Elementary Education and Literacy, Department of Secondary Education and Higher Education, Ministry of Human Resource Development, GOI, p. 68.
88. Every Child in School and Every Child Learning, DPEP, p. 3.
89. Ibid.
90. Ibid.
91. Every Child in School and Every Child Learning: Diverse Strategies for Universalising Access to Schooling, Alternative Schooling, the DPEP experience, DPEP, 1999.
92. Reply from NCERT, No.F.7–6–2000/DPSEE.
93. Department of Elementary Education, MHRD, F. No. 9–4/2000–DPEP–5, DT. 17/05/2000, page 2.
94. ANSHALA Newsletter, Vol. II, Issue 1, January 1999, GOI.
95. Annual Report, 1999, UNESCO, p. 13.
B. Aims of Education
1. National Curriculum Framework for School Education, NCERT, November 2000.
2. Education for the 21st Century, India Country Paper on the
Delors Commission Report, March 1998,
pp. 5, 22.
3. Ibid.
4. National Curriculum Framework for School Education, NCERT, November 2000, pp. 9–31.
5. Quality Education in a Global Era, Country Paper: India, Fourteenth Conference of Commonwealth Education Ministers, Halifax, Nova Scotia, Canada, November 2000, GOI, pp. 29–36.
7. Response from NIPCCD, No. NI/PC/SAP/132/2000/908, NIPCCD, 31 July 2000, page 65.
8. Education for the 21st Century, India Country Paper on the
Delors Commission Report, March 1998,
pp. 32–33.
9. Annual Report 1999–2000, Department of Education, MHRD, GOI.
10. Annual Report, 1997–98, NHRC, pp. 34, 35.
11. Ibid.
12. Status of Implementation of the Convention on the Rights of the Child in Gujarat, P.G. Vijaya Sherry Chand & Aradhna Malik, IIM, Ahmedabad, June 2000, page 75.
13. Annual Report, 1998–99, NCERT, page 35.
14. Annual Report, 1999–2000, Ministry of Environment and Forests, GOI, pp. 139, 140.
15. Ibid.
C. Leisure, Recreation and Cultural Activities
1. Education for the 21st Century, India Country Paper on Delors Commission Report, March 1998, pp. 21, 34.
2. Response No. NI/PC/SAP/132/2000/908, 31 July, National Institute for Public Cooperation and Child Development, GOI, p. 66.
3. Children, Law and Justice—A South Asian Perspective,
Savitri Goonesekere, SAGE, 1998,
pp. 228–233.
4. Annual Report, 1999–2000, Ministry of Sports and Youth Affairs, GOI, p. 6.
5. Annual Report, 1999–2000, Department of Culture, Ministry of Human Resource Development, GOI.
6. D. O. No. F. 21–35/2000–CDN, Department of Culture, Ministry of Human Resource Development, GOI , 14 September 2000.
7. Information sourced from ICCR web site.
8. Annual Report, 1999–2000, Ministry of Forest and Environment, GOI.
9. Response No. NI/PC/SAP/132/2000/908, July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, p. 66.
10. Annual Report, 1999–2000, Ministry of Sports and Youth Affairs, GOI, pp. 28, 29, 32, 38.
11. Ibid, p. 16.
12. Information sourced from ICCR web site.
13. Annual Report, 1999–2000, Department of Culture, Ministry of Human Resource Development, GOI, pp. 132–133.
14. Annual Report, 1999–2000, Ministry of Information and Broadcasting, GOI,.
15. Annual Report, 1999–2000, Department of Culture, Ministry of Human Resource Development, GOI, pp. 132–133.
16. Ibid.
17. Gujarat State Report on CRC, Government of Gujarat, 2000, pp. 76–77.
18. Punjab State Report on CRC, Government of Punjab, pp. 43–44.
19. Kerala State Report on CRC, Government of Kerala.
20. Manipur State Report on CRC, Government of Manipur, 2000, pp. 17–18.
21. Don Bosco Ashalayam, UNESCO, p. 13.
SECTION VIII
Special Protection Measures
A. Children in Situation of Emergency
1. Refugee
Children
1. South Asian Human Rights Documentation Centre web site.
2. Ibid.
3. No UI/352/98/99 dated 24 July 2000, Ministry of External Affairs, GOI.
4. Compiled from UNICEF web site.
5. South Asian Human Rights Documentation Centre web site.
6. July 30 2000, The Hindu.
7. South Asian Human Rights Documentation Centre web-site.
8. Ibid.
9. The Office of Tibet, the official agency of His Holiness the Dalai Lama in London, February 2000 (www.TibetanGovt.com).
10. South Asian Human Rights Documentation Centre web site.
11. United States Committee for Refugees web site.
12. Proceedings of Roundtable Workshop titled “ National Legislation on Refugees”, 30 April 1999.
13. Annual Report, 1999 - 2000, Ministry of Home affairs, GOI, pp. 18-20.
14. South Asian Human Rights Documentation Centre web site.
15. Ibid.
16. F.No. Dy. 447/JS (WD)/2001, Department of Women & Child Development, GOI.
2. Children in Armed Conflicts
1. Punjab State Plan of Action for Children, 1997, Government of Punjab.
2. Victims of Militancy, A study conducted by the Institute for Development and Co-operation, Chandigarh, sponsored by UNICEF, 1999, New Delhi.
3. NI/PC/SAP/908/2000 dated 31 July 2000, National Institute for Public Cooperation and Child Development, GOI.
B. Children involved with the System of Administration of
Juvenile Justice
1. The Administration of Juvenile Justice
1. A Report of the National Consultation on Juvenile Justice, Better Implementation of the Juvenile Justice System, 11-13 February 1999, Susan Matthews, p. 33.
2. Ibid, pp. 28-29.
3. National Consultation, Meet on Juvenile Justice System and the Rights of the Child (21-22 January 1999)—A Report, National Institute for Public Cooperation and Child Development, GOI, p. 3.
4. National Consultation Meet on Juvenile Justice System and the Rights of the Child (21-22 January 1999)—A Report, National Institute for Public Cooperation and Child Development, GOI, p. 21.
5. Ibid, page 6.
6. Crimes in India, 1996, National Crime Research Bureau, Ministry of Home Affairs, GOI.
7. Ibid.
8. National Consultation Meet on Juvenile Justice System and the
Rights of the Child (21-22 January 1999)—A Report, National Institute
for
Public Cooperation and Child Development, GOI,
pp. 5-11.
9. A Report of the National Consultation on Juvenile Justice, Better Implementation of the Juvenile Justice System, 11-13 February 1999, Susan Matthews, pp. 31,33.
10. NI/PC/SAP/132/2000/908 dated 31 July, 2000, National Institute for Public Cooperation and Child Development, GOI, pp. 71-72.
11. Gujarat State Report on CRC, Government of Gujarat, GOI.
12. A Report of the National Consultation on Juvenile Justice, Better Implementation of the Juvenile Justice system, 11-13 February 1999, Susan Matthews, page 31.
13. Iid, pp. 29-30.
14. Research Report on Situational Analysis of Education for Street Children and Working Children in India, A Study supported by UNESCO, New Delhi, conducted by Dr Bhupinder Zutshi, 2000, pp. 1-2, 21-22, 46.
2. Children Deprived of their Liberty, including any Form of
Detention, Imprisonment
or Placement in Custodial Settings
1. National Consultation Meet on the Juvenile Justice System and the Rights of the Child (21-22 January, 1999), A Report, National Institute for Public Cooperation and Child Development, GOI, p. 7.
2. The Juvenile Justice (Care and Protection of Children) Act, 2000.
3. The Sentencing of Children, with Particular Reference to the Prohibition of Capital Punishment and Life Imprisonment
1. Juvenile Justice (Care and Protection of Children) Act, 2000.
2. No UI/151.4/5/2000 dated 12 December 2000, Ministry of External Affairs, GOI.
3. Juvenile Justice (Care and Protection of Children) Act, 2000.
4. Physical and Psychological Recovery and Social Reintegration of the Child
1. State Report on CRC, Government of Tamil Nadu, 2000, p. 12.
C. Children in Situation of Exploitation, including Physical
and Psychological Recovery and Social Integration
1. Economic Exploitation of
Children, including Child Labour
1. Children, Work and Education I—General Parameters, G.K Lieten, Economic and Political Weekly, 10 June 2000.
2. Ninth Five-Year Plan, 1997-2002, vol. II (Thematic Issues and Sectoral Programmes), Planning Commission, GOI, p. 347.
3. Annual Report, 1999-2000, Ministry of Labour, GOI, p.169.
4. www.indianembassy.org, Child Labour and India, Embassy of India, Washington D.C., p.1.
5. Annual Report, 1999-2000, Ministry of Labour, GOI, p. 161.
6. Children, Work and Education II—General Parameters, G.K Lieten, Economic and Political Weekly, 17 June 2000.
7. Children, Law and Justice: A South Asian Perspective,
Savitri Goonesekere, SAGE, 1998,
pp. 214-215.
8. Annual Report, 1999-2000, Ministry of Labour, GOI, p. 156.
9. www.indianembassy.org, Child Labour and India, Embassy of India, Washington D.C., p 4.
10. Child Labour-A Precarious Future, S P Gomango, 2001, Authorspress, pp. 264-267.
11. Annual Report, 1999-2000, Ministry of Labour, GOI, p. 157.
12. http:/www.globalmarch.org/worstformsreport/implementation/steps.html.
13. Ibid.
14. Ibid.
15. Ibid.
16. Annual Report, 1999-2000, Ministry of Labour, GOI, p. 164.
17. Ibid., pp. 167-168.
18. Ibid., page 162.
19. Ibid., page 167.
20. Ibid., pp. 164-165.
21. Ibid., page 164.
22. Child Labour in Karnataka, Kathyayini Chamaraj, Produced with Support from UNICEF and Department of Labour, Government of Karnataka, December 1999.
23. Action Plan for Elimination of Child Labour, Government of Andhra Pradesh, 1999.
2. Drug Abuse
1. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI, pp. 69-70.
2. South Asia Drugs Demand Reduction Report, UNDCP Regional Office for South Asia, New Delhi, India, p. 260.
3. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI, p. 74.
4. Ibid.
5. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI, p. 73.
6. Ibid.
3. Sexual Exploitation and Abuse and
4. Sale, Trafficking
and Abduction
1. The Reality of Child Prostitution: Profiting from Girl Child Vulnerability, Richard Young, Sankar Sen and Helen Chernikoff, UNICEF, p. 12.
2. Ibid.
3. Child Sexual Abuse and the Law, Paper presented at the Regional Workshop on the “Role of Electronic Media in Promoting the Child’s Right to Protection from Sexual Exploitation and Abuse of Children” held at Nova, Goa, Panaji on 25-27 November 1999, Asha Bajpai, Faculty (Law), Tata Institute of Social Sciences, Mumbai, pp. 2-3.
4. Ibid., p. 1.
5. Child Trafficking, Munira Sen, Madhyam, Bangalore, India, p. 2.
6. Child Sexual Abuse and the Law, Paper presented at the Regional Workshop on the “Role of Electronic Media in Promoting the Child’s Right to Protection from Sexual Exploitation and Abuse of Children” held at Nova, Goa, Panaji on 25-27 November 1999, Asha Bajpai, Faculty (Law), Tata Institute of Social Sciences, Mumbai, p. 7.
7. The Reality of Child Prostitution: Profiting from Girl Child Vulnerability, Richard Young, Sankar Sen and Helen Chernikoff, UNICEF, pp. 18-10.
8. Child Trafficking, Munira Sen, Madhyam, Bangalore, India, p. 3.
9. Responses to Questions on India’s First Report on CEDAW, 22nd Session of CEDAW (New York, 24-31 January 2000), Department of Women and Child Development, Ministry of Human Resource Development, GOI, pp. 11-12.
10. Annual Report, 1999-2000, Department of Women and Child Development, Ministry of Human Resource Development, GOI.
11. Ibid., p. 50.
12. No. CRC 2000/C.R. 259/d.3, Updated Information of the Schemes & Programmes Initiated for the Welfare of Devdasis, Government of Maharashtra, 28 June 2000
13. Ibid.
14. Ibid.
15. Ibid.
16. Ibid.
17. www.kar.nic.in (DWCD/Women's Programme).
18. No. NI/PC/SAP/132/908 dated July 31, 2000, National Institute for Public Cooperation and Child Development, GOI, p. 86.
19. Platform for Action: Five Years after—An Assessment, Department of Women and Child Development, Ministry of Human Resource Development, GOI, June 2000, p. 96.
20. Situational Report on Trafficking of Children for Prostitution, Department of Women and Child Development, Ministry of Human Resource Development, GOI, p. 62.
21. The Reality of Child Prostitution: Profiting from Girl Child Vulnerability, Richard Young, Sankar Sen and Helen Chernikoff, UNICEF, pp. 13-16.
22. Girl Child Prostitution in India (Policies and Programmes), Dr. K. K. Mukherjee, National Commission for Women, GOI, p. 38.
5. Other Forms of Exploitation
1. Excerpts from a speech delivered by the author, a senior advocate, on September 24, 1998, as part of the Sri T.V. Muthukrishna Iyer Endowment Lecture at the Madras University Centenary Building.
2. Analysing Female Nuptiality pattern at Micro-Level: A Case of Uttar Pradesh, Ajay Pandey, Arvind Pandey, IASSI, Quartering 1997, 16(3&4).
3. Women and Violence, A Human Rights Perspective, Kalindi Mazumdhar, page 28-48; in Violence Against Women, Women Against Violence edited by Shinin Kudchedakar and Sabina, Al-ISSA.
4. indiaserver.com, Online edition Indian Newspaper, 12 September 2000.
5. Annual Report, 1996, National Commission for Women, GOI.
6. Responses of the Government to the Problems of the Girl Child, by Sarala Gopalan and Vijay Bhaskar, Women Link 4(3), July-September, 1998.
7. NFHS-II, pp. 54-57.
D. Children belonging to a Minority or Indigenous Group
1. Reading on Minorities, Perspective and Documents, Vol 1, Iqbal A Ansari, Institute of Objective Studies.
2. Ibid.
3. www. Forum of Federation,Document page-mitra.htm., Language and Federalism, the Multi- Ethnic Challenge, Subrata K Mitra, Department of Political Science, South Asia Institute, Hiedelberg, Germany.
4. Ninth Plan, 1997-2002, Vol 1, Planning Commission, GOI.
5. Ibid.
6. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI.
7. Ninth Plan, 1997-2002, Vol 1, Planning Commission, GOI.
8. Ibid.
9. Ibid.
10. www. Forum of Federation,Document page-mitra.htm., Language and Federalism, the Multi- Ethnic Challenge, Subrata K Mitra, Department of Political Science, South Asia Institute, Hiedelberg, Germany.
11. Ninth Plan, 1997-2002, vol. 1, Planning Commission, GOI.
12. Registrar General of India.
14. Pamphlets and brochures on Baha’i Literacy Programme in India, Baha’i Vocational Institute for Rural Women, the Baha’is and Excerpts of Discussion with Ms Farida Vahedi, Director of the Baha’i Office for Advancement of Women, an agency of the National Spiritual Assembly of the Baha’is of India, 8 September 2000.
15. Source: On line edition of India’s National Newspaper on indiaserver.com, Monday, July 10, 2000.
16. www. Forum of Federation,Document page-mitra.htm., Language and Federalism, the Multi- Ethnic Challenge, Subrata K Mitra, Department of Political Science, South Asia Institute, Hiedelberg, Germany.
17. Child and Law, 1998, Indian Council for Child Welfare, Tamil Nadu.
18. Reply dated 26/04/2000, National Commission for Scheduled Castes and Scheduled Tribes, GOI.
20. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI.
21. Ninth Plan, 1997-2002, vol. 1, Planning Commission, GOI.
22. Reply dated 26/04/2002, National Commission for Scheduled Castes and Scheduled Tribes, GOI.
23. Ibid.
24. www. Forum of Federation, Document page-mitra.htm., Language and Federalism, the Multi- Ethnic Challenge, Subrata K Mitra, Department of Political Science, South Asia Institute, Hiedelberg, Germany.
25. Excerpt from the discussion with Mr. Syed Hamid, Vice Chancellor, Jamia Milia Islamia University
26. Ninth Plan, 1997-2002, Vol 1, Planning Commission, GOI.
27. Ibid.
28. Ninth Plan, 1997-2002, Vol 1, Planning Commission, GOI.
29. Ibid.
30. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment.
31. Educating Tribals in India, A Study of Ashram Schools, B. S. Negi, Council for Social Development, pp. 61-67.
32. http://culture.konkani.com/language/43-konkani-au-a-Ling.htm, Konkani-Constitutional Rights and Privileges, H B Shenoy.
33. Reply dated 26/04/2000, National Commission for Scheduled Castes and Scheduled Tribes, GOI.
34. Ninth Plan, 1997-2002, vol. 1, Planning Commission, GOI.
35. Annual Report, 1999-2000, Ministry of Social Justice and Empowerment, GOI.
36. Crime in India 1998, National Crime Records Bureau, Ministry of Home
Affairs, GOI.
[1] Refer to Chapter on Action Taken on the Concluding Observation, para. 57, p. xxxii; Education, Leisure and Cultural Activities, para. 16, p. 245. This may be read in lieu of sentence “The Government has recently ... a fundamental right”, para. 21, p. 245 may be considered deleted, in view of the changed current situation.
[2] Refer to Chapter on Education, Leisure and Cultural Activities, bullet 1 of box 7.2, p. 244; para. 16, p. 245.
[3] Refer to Chapter on Education, Leisure and Cultural Activities, para. 21, p. 245.
[4] Refer to Chapter on General Measures of Implementation, para. 14 (bullet 1(4), p. 6; This may be read in lieu of
• Sentence “SSA has also identified 120 districts.....programme implementation”, para. 133, p. 274 may be considered deleted, in view of the changed current situation.
[5] Refer to Chapter on General Principles, para. 41, p. 63.
[6] Refer to Chapter on Basic Health and Welfare, para. 201, p. 209.
[7] Refer to Chapter on Education, Leisure and Cultural Activities. Para. 155, p. 278.
[8] Ibid para. 49, p. 255.
[9] Ibid para. 133, p. 274.
[10] Ibid para. 167, p. 282.
[11] Ibid para. 41, p. 252.
[12] Refer to Chapter on General Measures of Implementation, para. 48, p. 16.
[13] Refer to Chapter on Education, Leisure and Cultural Activities, paras. 25, 26, 27, p. 246.
[14] Refer to Chapter on Family Environment and Alternate Care, para. 78, p. 124.
[15] Ibid para. 72, p. 122.
[16] Ibid para. 77, p. 124.
[17] Ibid para. 73, p. 122.
[18] Ibid.
[19] Ibid table 5.1, p. 122.
[20] Para. 81, p. 124.
[21] Refer to Chapter on Basic Health and Welfare, table 6.4, p. 142. These are latest figures from Sample Registration System Bulletin, Registrar General (2001).
[22] Refer to Chapter on Basic Health and Welfare para. 168, p. 196.
[23] Refer to Chapter on Family Environment and Alternate Care, para. 101, p. 129; Special Protection Measures, para. 109, p. 365.
[24] Refer to Chapter on Special Protection Measures, para. 68, p. 349.
[25] Ibid tables 8.3 and 8.4, p. 352.
[27] Refer to Chapter on General Measures of Implementation, para. 3, p. 3.
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