SWE/SWCCP/INISCI/M8 by Dr. Keshav Walke

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SWE/SWCCP/INISCI/M8 by Dr. Keshav Walke

Module 8

Institutional and Non- Institutional Services for Children in India

Component-I (A)

Role Name Affiliation

Principal Investigator Dr. Geeta Balakrishnan College of Social Work, Nirmala Niketan, Mumbai

Paper Coordinator Dr. John Menachery Principal of Matru Sewa Sangh Institute of Social Work, Nagpur

Content Writer Dr. Keshav Walke Asst. Prof., Matru Sewa Sangh Institute of Social Work, Nagpur

Content Reviewer Ms. Nigama Mascarenhas Director of Family Service Centre Organisation, Mumbai

Language Editor Ms. Nigama Mascarenhas Director of Family Service Centre Organisation, Mumbai

Component-I (B)

Description of Module Subject Name Social Work Education Paper Name Social Work with Children and Child Protection Module Name/Title Institutional and Non- Institutional Services for Children in India Module Id SWE/SWCCP/08 Pre-requisites Child Rights, National Policy on Children Objectives After going through the module titled “Institutional and non-institutional

services for children in India” learner would be able to know and understand various institutional and non-institutional services available for the children in India.

Keywords Child Rights, Institutional and non-institutional services, Constitutional provisions, JJAct

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Quadrant 1

1. Introduction:

The law, policy and practice of child welfare have undergone a significant change from a historical perspective over the years. Before 1839, there was the concept of authority and control. It was an established common law doctrine that the father had absolute rights over his children. After this, the welfare principle was reflected in the dominant ideology of the family. Children were recipients of welfare measures1. It was only during the twentieth century that the concept of children’s rights emerged. This shift in focus from the ‘welfare’ and ‘needs’ to the ‘rights’ and ‘development’ approach is significant. Children below the age of 18 years constitute over 400 million accounting to 40 per cent of the one billion plus population of India. India’s children population is more than the entire population of North America (USA, Mexico and Canada put together). Every fifth child is an Indian.

1Bajpai, Asha, Child Rights in India—Law, Policy and Practice, Oxford University Press, New Delhi, 2003.

The twenty-first century has heralded a number of important policy and legislative initiatives as well as significant Court interventions relating to child protection. The law, policy and institutions for child protection have undergone a significant change from a needs-based to the ‘rights’ and ‘development’ based approach. The rights-based approach includes children as rights-holders and States as primary duty-bearers. It goes without saying that enabling all children to realize their full creative potential is critical for sustaining India’s economic growth and accelerating human development. Not all children have benefited equitably from the remarkable progress and transformation that the country has witnessed in recent years. Tens of millions still face basic challenges of survival and healthy development2. Children are considered as a principle assets of any country. Children’s Development is as important as the development of material resources and the best way to develop national human resources is to take care of children. India has the largest child population in the world. All out efforts are being made by India for the development and welfare of children. Significant progress has been made in many fields in assuring children their basic rights. However, much remains to be done. The country renews its commitment and determination to give the highest priority to the basic needs and rights of all children. Children are most vulnerable to exploitation and abuse. A lot more has to be done for the health, nutrition and education of children. It is unfortunate that girls in particular face debilitating discrimination at all stages. Therefore, specific attention is being given to the efforts to improve the life and opportunities of the Girl Child.

1.2. Learning Outcome:

After going through the module titled “Institutional and non-institutional services for children in India” learner would able to know and understand various institutional and non-institutional services available for the children in India

2. Indian Scenario:

2.1. Health for Children in India

• About 27 million children are born each year in India. But nearly 2 million of them do not live to the age of five.

• Much of this is due to malnourishment. India has over 200 million people in hunger, and over 40% of the children who do live till 5 are malnourished.

• Immunization is very low by world standards.

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• 79% of children under 3 have anemia. Half of children have reduced learning capacity because of iodine deficiency.

2.2. Children's Education in India • The majority of children are enrolled in school, but up to half don't attend regularly. Many are

pressured to work and earn money for their families • After five years of classes, fewer than 60% can read a short story or do simple arithmetic. • Official figures indicate that there are over 12 million child workers in India, but many NGOs

reckon the real figure is up to 60 million. The number of girls involved is not much lower than the boys.

2Bajpai Asha (2010), The Legislative and Institutional Framework for Protection of Children in India: New Delhi, UNICEF, pp. V

• The largest numbers work in places like textile factories, dhabas (roadside restaurants) and hotels, or as domestic workers. Much of the work, such as in firecracker or matchstick factories, can be hazardous; even if not, conditions are often appalling and simply rob kids of their childhood.

• By a law introduced in 2006, no child under 14 should work. But like many laws in India, the problem is enforcement. 2 years after the ban, the Labour Ministry had carried out 12,000 operations but only made 211 prosecutions.

2.3. Child Abuse in India

In 2007 the Indian Government published the results of one of the world's largest and most sophisticated studies on child abuse, carried out in conjunction with UNICEF and Save the Children. This detailed research on over 12,000 children produced some shocking conclusions:

• Two thirds of children are victims of physical abuse. The majority are beaten in school, and over half have to work seven days a week.

• Over 50% have faced some kind of sexual abuse, and over 20% of them severe abuse.

• Half of children also face emotional abuse.

So this is some of the context from which so many children choose, or are forced, to leave their home or village and end up in a city like Delhi3.

These problems of the children in India indicate the need to have child related services. India ratified UNCRC in December 1992 and though various efforts Government of India is trying to protect the rights of the children through different institutional and non-institutional services (Bajpai: 2010). There are several services for the children in India. Majorly it can be categorised in to the two major parts namely Institutional and Non institutional. Before going to the main discussion first we will understand the Child in India and various provisions for them.

3. Non-institutional services for the children in India: The Juvenile Justice Act (JJA), 2000, provides for the rehabilitation and social re-integration of children in conflict with the law as well as children in need of care and protection. The process of a child’s rehabilitation and social re-integration has to begin in the children’s home or special home. Non-institutional services are based on Articles 20 and 21 of the CRC. Article 20, CRC—children deprived of family environment provided with alternate family care or institutional placement. The Act provides for non-institutional services like adoption, foster care, and sponsorship. 3.1 Adoption means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents, with all rights, privileges and responsibilities that are attached to the relationship [Section 2(aa) JJA]. Adoption is considered as the best

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service for the orphaned, abandoned, destitute child since it provides permanent substitute care in a family environment. In India, adoption laws are religious-based. There is an adoption law for Hindus called the Hindu Adoption and Maintenance Act, 1956. But there is a legal vacuum as regards adoption by or of other communities in India. Adoption is the most important non-institutional service. The JJA, 2000 has introduced a secular law on adoption. Under Section 41 of the JJA, the adoption of orphaned, abandoned or surrendered children has been provided for under the Act. In keeping with the provisions of the various guidelines for adoption, issued from time to time, by the state governments or the Central Adoption Resource Agency and notified by the Central Government, children may be given in adoption by a Court after it is satisfied that the requisite investigations have been carried out. The children must be declared free for adoption by the Child Welfare Committee. The Court may allow a child to be given in adoption to a person irrespective of marital status, or sex of the child to be adopted to childless couples. In-country adoption is the first option as per the Hague Convention which India has ratified. 3.2. Foster Care provides temporary substitute care for children, whose parents are unable to care for them due to illness, death, or desertion, of one parent or any other crisis situation. 3 http://www.friendsofsbt.org/statistics 3.3 Sponsorship: Providing financial support to families to meet the medical, nutritional and educational needs of children and to improve the general quality of their lives. 3.4 Other Non-Institutional Services

3.4.1. Constitutional Provisions

There are several constitutional provisions for children. These include the following.

Ø Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Ø Article 15(3) provides that, “Nothing in this article shall prevent the State for making any special provision for women and children.”

Ø Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Ø Article 21A directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Ø Article 23 prohibits trafficking of human beings and forced labour. Ø Article 24 prohibits employment of children below the age of fourteen years in factories, mines or

any other hazardous occupation. Ø Article 25-28 provides freedom of conscience, and free profession, practice and propagation of

religion. Ø Article 39(e) and (f) provide that the State shall, in particular, direct its policy towards securing to

ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter vocations unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment.

Ø Article 45 envisages that the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

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3.4.2 Legislations:

There are several Legislations pertaining to children. These include the following.

Ø The Guardian and Wards Act, 1890.

Ø The Child Marriage Restraint Act, 1929.

Ø The Immoral Traffic (Prevention) Act, 1956.

Ø The Young Persons (Harmful Publications) Act, 1956.

Ø National Policy for Children (22-08-1974)

Ø The Child Labour (Prohibition and Regulation) Act, 1986.

Ø The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

Ø The Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994.

Ø The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Ø The Juvenile Justice (Care and Protection of Children) Act, 2000.

Ø National Plan of Action for Children 2005.

Ø The Commissions for Protection of Child Rights Act, 2005.

Ø The National Policy for Children, 2013.

3.4.3. National Child Award for Exceptional Achievement:

The National Child Award for Exceptional Achievement was instituted in 1996 to give recognition to the children with exceptional abilities and who have achieved outstanding status in various fields including academics, arts, culture and sports etc. Children between the age of 4 to 15 years who have shown an exceptional achievement in any field including academics, arts, culture and sports etc. are to be considered for this award. One Gold Medal and 35 silver Medals (one for each State/UT) are to be given annually.

The Awards for the child with exceptional achievement shall consist of:- (A) Gold Medal – 1 (One)

(i) A cash prize of Rs.20, 000/- (ii) A Citation and certificates, and (iii) A Gold Medal

(B) Silver Medals – 35 (Thirty five) (i) Award money @ Rs.10, 000/- for each awardee. (ii) A citation and certificate for each awardee, and (iii) A Silver Medal for each awardee.

Every year these Awards are presented by Ministry of Women and Child Development in a function in New Delhi on the occasion of Children’s Day, the 14th November.

3.4.4. National Award for Child Welfare:

The Award was instituted in 1979 to honour five institutions and three individuals for their outstanding performance in the field of child welfare. The National Award for Child Welfare includes a cash prize of Rs. 3 lakh and a certificate for each institution and Rs. 1 lakh and a certificate for each individual.

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3.4.5. Rajiv Gandhi Manav Seva Award:

This Award was instituted in 1994 to honour an individual who makes outstanding contribution towards service for children. The Award carries a cash prize of Rs. 1 lakh, a silver plaque and a citation. The Award were increased to three from the year 2006

3.4.6. Cultural Exchange Programme:

Under the Cultural Exchange programme with Government of Mauritius the Ministry of Women and Child Development is organising workshops for the Mauritius delegation. In the series of such workshops a workshop on ‘Gender Training on Women Empowerment’ and another workshop on “Prevention and Combating Trafficking in Women and Children for Commercial Sexual Exploitation: an orientation” were organised by NIPCCD on behalf of the Ministry of Women and Child Development.

4. Institutional Structures/Services relating to protection of children Institutions and structures under the various laws have been provided to protect the rights of the child. The institutions and structures under the Juvenile Justice Act are: Observation Home, Special Homes, Children’s Homes, Shelter Homes, Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), Special Juvenile Police Units (SJPUs), Child Protection Units, and After-care Organizations. In addition, there are Family Courts established under the Family Courts Act, 1984, and the National Commission for Protection of Children Act, 2005. 4.1. Shelter Homes function as temporary drop-in centres for children in need of care, protection, and urgent support. The state governments recognize reputed and capable voluntary organizations and provide them with assistance to set up and administer as many shelter homes as required. 4.2. Children’s Homes have to be established and maintained in every district or group of districts by the state government or voluntary organization certified by the state government, for the reception of a child in need of care and protection initially during the pendency of any inquiry. After the inquiry is over, the Child Welfare Committee may send the child to the Home for his/her care, treatment education, training development and rehabilitation. 4.3. Observations Homes are set up and maintained in every district or a group of districts by the state governments or voluntary organizations, certified by state governments, for children in conflict with the law. Children in conflict with the law are temporarily placed in Observation Homes during the pendency of any inquiry pertaining to them under the Act. Initially, a juvenile is kept in the reception unit of the observation home for preliminary inquiries, care and classification of the juvenile according to his/her age group, physical and mental status, and nature of offence. 4.4. Special Homes have to be established and maintained in every district or group of districts by the state government or voluntary organization certified by the state government for reception and rehabilitation of children in conflict with the law. 4.5. After-care Organizations have to be established or recognized by the rules under the Act made by the respective state governments. These organizations are slated to take care of juveniles or children after they leave special homes and children’s homes to enable them to lead honest, industrious and useful lives. The report of the probation officer for each child, before his/her discharge from the Special Home or Children’s Homes, and the necessity and nature and period of after-care will be determined for each child. The maximum period of stay in after-care organizations is three years and the juvenile or child must be above 17 years but less than 18 years of age, and s/he would be able to stay there till s/he is 21 years of age. The after-care organizations, at present, are highly inadequate. They need to have facilities for career counselling and guidance, as also trained staff. 4.6. Child Welfare Committees (CWCs) have to be constituted under the Act to deal with children in need of care and protection for every district. In the case of Prerana v. State of Maharashtra and or, it was held that

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children rescued from brothels should be treated as “children in need of care and protection” under the Juvenile Justice (Care and Protection of Children) Act, 2000. A lawyer representing the accused should not represent the victims. The Committee will consist of the Chairperson and four other members, and among the members, one of them has to be a woman and another expert on matters concerning children. The Committee will have the powers of a Metropolitan Magistrate or a Judicial Magistrate of First Class. A child in need of care and protection can be produced before the CWC by any police officer or a designated police officer or special juvenile police unit, by any public servant, by Childline (a registered voluntary organization) or any state government recognized voluntary organization, or by the child himself or herself. There is a provision in the Act for a social worker or a public-spirited citizen to produce the child before the CWC, provided the child is produced before the CWC within 24 hours (excluding the time necessary for the journey). Restoration of a child to his/her parents including adopted and foster parents, guardians, fit persons and fit institutions, and protection to a child are the primary objectives of setting up the CWCs. Members of a CWC have the very serious responsibility of dealing with issues that include victims of child sexual abuse, trafficked children, child labourers, bonded labourers, disabled children, displaced children, migrant children, etc. Many of them, however, are part-time honorary staff members and are not trained to deal with such complex legal issues that they have to face. There is thus a need for full-time dedicated, trained members for the CWCs.

4.7. The Juvenile Justice Board (JJB) has been constituted under this Act to deal with juveniles in conflict with the law. The Chief Metropolitan Magistrate (CMM) or Chief Judicial Magistrate (CJM) must review the pending cases every six months. In case there is a large pendency of cases, they must direct to increase the frequency of sittings of the Board or constitute additional Boards, to clear the pending cases. The Juvenile Justice Board can pass the following orders:

• Allow the juvenile to go home after advice and admonition and counseling, or

• Direct the juvenile to participate in group counselling and similar activities, or

• Order the juvenile to perform community service, or

• Order the parent of the juvenile or the juvenile herself/himself to pay a fine, if s/he is over 14 years of age and earns money. A JJB must consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, and two social workers. One of the social workers must be a woman. The Magistrate is designated as the Principal Magistrate of the JJB. The Magistrate must have special knowledge or training in child psychology or child welfare, and the two social workers must have been actively involved in health, education or welfare activities relating to children for at least seven years.

• Direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person; such parent or guardian or fit person must execute a bond for the good behaviour and well-being of the juvenile for a maximum period of three years, or

• Direct the juvenile to be released on probation of good conduct under the care of any fit institution for a period not exceeding three years, or

• Make an order directing the juvenile to be sent to a special home for a period of three years. The JJB has powers to reduce this period taking into consideration the nature of the offence and the circumstances of the case, in case the juvenile is over 17 years but less than 18 years of age, for a period that is below two years; in any other case, till he attains the age of 18 years. In case of any juvenile above 16 years who has committed such a serious offence that s/he cannot be kept in a special home, the Board can send her/him to a place of safety after reporting the matter to the state government.

4.8. National Charter for Children The Government of India adopted the National Charter for Children which has been prepared after obtaining the views/comments and suggestions of the State

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Governments/UT Administrations, concerned Ministries and Departments and experts in the field. The National Charter is a statement of intent embodying the Government’s agenda for Children. The document emphasizes Government of India’s commitment to children’s rights to survival, health and nutrition, standard of living, play and leisure, early childhood care, education, protection of the girl child, empowering adolescents, equality, life and liberty, name and nationality, freedom of expression, freedom of association and peaceful assembly, the right to a family and the right to be protected from economic exploitation and all forms of abuse. The document also provides for protection of children in difficult circumstances, children with disabilities, children from marginalised and disadvantaged communities, and child victims. The document while stipulating the duties of the State and the Community towards children also emphasizes the duties of children towards family, society and the Nation. The National Charter for Children was notified in the Gazette of India on 9th Feb., 2004.

4.9. Schemes/Projects

Several Ministries and Departments of the Government of India are implementing various schemes and programmes for the benefit of children. Some of the Schemes and Programmes being implemented by the Ministry of Women and Child Development are as under:

4.9.1 Integrated Child Development Services (ICDS) Scheme: Though ICDS centres services related health and nutrition are provided for the children below 18 years and the expected mothers as well as feeding mothers.

4.9.2 Rajiv Gandhi National Creche Scheme for the children of working mothers: The Ministry of Women and Child Development has launched a new Creche Scheme w.e.f. 1.1.2006 by merging the National Creche Fund with the Scheme of Assistance to Voluntary Organisations for Creche for Working and Ailing Women’s Children and also to revise the financial norms from Rs.18, 480/- to Rs. 42,384/- per crèche per annum. The Scheme provides crèche services to the children of age group of 0 to 6 year, which includes supplementary nutrition, emergency medicines and contingency. The Scheme has been named as Rajiv Gandhi National Creche Scheme for the Children of Working Mothers. These crèches will be allocated to the Central Social Welfare Board, Indian Council for Child Welfare and Bhartiya Adim Jati Sevak Sangh in the ratio of 80:11:9. The priority will be given to uncovered districts/areas and tribal areas while extending the scheme to maintain balance regional coverage. Eligibility criteria under the Revised Scheme have also been enhanced from Rs 1800/- to Rs.12, 000/- per month per family. So far about 25605 creches have been sanctioned including 5137 creches sanctioned under erstwhile National Creche Scheme upto 20th Nov., 2006.

4.9.3. Nutrition Programme for Adolescent Girls in 51 Districts: Nutrition Component of Nutrition Programme for Adolescent Girls in 51 Districts being implemented with additional central assistance given by the Planning Commission, directly and indirectly contribute to promoting nutrition of children. A National Nutrition Mission has been set up under the chairpersonship of Hon’ble Prime Minister vide notification dated 31st July 2003 with a view to enable policy direction to concerned Departments of the Government for addressing the problem of malnutrition in a mission mode.

4.9.4. Integrated Programme for Juvenile Justice:

The programme is being implemented by the Ministry of Social Justice and Empowerment with a view to providing care to children in difficult circumstances and children in conflict with the law through Government institutions and through NGOs. Some special features of the scheme areas:

• Establishment of a National Advisory Board on Juvenile Justice • Creation of a Juvenile Justice Fund. • Training, orientation and sensitization of Judicial, administrative police and NGOs responsible for

implementation of JJ Act. • Institutional care shall be used but only as a last measure by enlarging the range of suitable

alternatives. • Financial assistance to bring about a qualitative improvement in the existing infrastructure.

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4.9.5. Childline India Foundation (CIF): CIF has been set up as a nodal organization, supported by Government of India, to monitor and ensure the qualitative development of the Childline service across the country. Childline is a toll free telephone service (1098) which anyone can call for assistance in the interest of children. It has prescribed minimum quality standards for the services to be provided by its partner organizations that are implementing Childline programmes in various cities of the country. It initiates preparatory activity that precedes the initiation of Childline service in any city. CIF is also involved in awareness and advocacy in order to strengthen the efforts relating to child welfare.

4.9. Integrated Child Protection Scheme In view of the gaps identified and recommendations and suggestions received from various quarters it has decided to combine the existing child protection schemes under one integrated scheme titled “Integrated Child Protection Scheme”. The proposed scheme aims to provide for care and protection of all the children in conflict with law and children in need of care and protection. It would involve steps to strengthen families and prevent them to breakup leading children to become homeless and without care and protection. At the same time, children already outside the mainstream need to be provided support beginning from emergency outreach services to final rehabilitation with their families/ society. 4.10. Parliamentary Forum on Children

A Parliamentary Forum on Children under the Chairpersonship of Speaker Lok Sabha has been constituted to deal with all issues pertaining to children. MOS (WCD) is one of the Chairpersons of the Committee. She gave a presentation before the Parliamentary Forum on Children on 22nd May, 2006 on the Situation of Girl Child. Several issues relating to girl child were discussed during the meeting. Hon’ble Speaker, the Chairperson of the Forum agreed to take up the issues relating to children in the House as and when occasion arise. He also agreed to take up child budgeting as an agenda for the next meeting. In another meeting of the Parliamentary Forum on Children held on 10th Aug., 2006 under the Chairpersonship of Dy. Chairman of Parliamentary Forum, Ms. Prema Carriappa on issues relating to child labour Swami Agnivesh presented his views about the problem of child labour in the country. The officers of the Ministry of Women and Child Development attended the meeting and noted the suggestions made during the meeting.

5. Summary: The law, policy and practice of child welfare have undergone a significant change from a historical perspective over the years. Earlier there was the concept of authority and control. It was an established common law doctrine that the father had absolute rights over his children. But during the twentieth century the concept of rights emerged and there is a shift in focus from welfare to needs to rights and then to development. Government has tried its very best in protecting rights of the children through various constitutional provisions, laws and programmes then also due to various hurdles we are not able to protect the rights of the children. It is said that rights of the children are largely protected on the street than in institution. This is true also due to apathetic conditions of the institutions in India; Institutes which are established for the protection of the rights of the children have become the centres of violation of the rights of the children. Proper systems should be in place for implementation of the welfare measures for the children so that their rights can be protected.

SWE/SWCCP/INISCI/M8 by Dr. Keshav Walke

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