|
By Enakshi Ganguly Thukral, Bharti Ali, Saloni Mathur  India has 375 million children, more than any other country in the world. Their condition has improved in the last five decades, with child survival rates up, school dropout rates down, and several policy commitments made by the government at the national and international levels. Resource allocations by the State, however, remain quite inadequate to take care of the survival and healthcare needs of infants and children, their education, development and protection.
Who is a child / Government policy on children / Resource allocation / Survival and healthcare / Early childhood care / Education and development / Protection and rights There are more than 375 million children in India, the largest number for any country in the world. India has made some significant commitments towards ensuring the basic rights of children. There has been progress in overall indicators: infant mortality rates are down, child survival is up, literacy rates have improved and school dropout rates have fallen. But the issue of Child Rights in India is still caught between legal and policy commitments to children on the one hand, and the fallout of the process of globalisation on the other. With State support to the social sector being systematically reduced, more than 360 million people, about 36 per cent of the population (1999-2000 statistics) are living below the poverty line, though the government's latest estimates put this figure at 26 per cent. It is estimated that women and children account for 73 per cent of those below the poverty line. The cuts in the social sector are, therefore, bound to have a direct impact on the lives of children. More than 75 million children continue to suffer from malnutrition, in spite of buffer food stocks, because of the abeyance of an equitable distribution system and the withdrawal of the public distribution system. Socio-economic factors must also be taken into account. The girl-child has a lower status in India and enjoys fewer rights, opportunities and benefits of childhood as compared to the boy-child. The boy-child has first right on family and community resources. The girl-child is also neglected in matters of feeding and health care. The dietary consumption data of the National Nutrition Monitoring Bureau (NNMB) suggests that the girl in the age group 13-15 years consumes less than two-thirds of the recommended calorie intake. She remains intellectually underdeveloped, being denied the opportunity to attend school. Most tragically, the girl-child in India is unwanted and considered a liability by her own family. Marriage is considered a priority as soon as she attains puberty. Children are also the main targets of the labour market. They can be hired at much lower wages than adults. Many of India's children are forced into the labour market when they are only three years old! WHO IS A CHILD? The Convention on the Rights of the Child, which India has ratified, defines children as persons below the age of 18. However, in India there are several different definitions of the child. The Census of India defines children as those below the age of 14. But social scientists include females in the age group of 15-19 years in the girl-child demographic data. According to the Constitution of India (Article 23), no child below the age of 14 must be employed in a factory or mine or engaged in any other hazardous employment. Article 45 says that the State will provide free and compulsory education to all children up to the age of 14. The legal conception of a child varies, however. The age of majority is 18 years for girls and 21 years for boys under the Indian Majority Act. On the other hand, under the Indian Penal Code, the age of sexual consent for girls is 16 years. These different age-specifics under different laws confound the very definition of a child. The Committee on the Rights of the Child says in its Concluding Observations of January 2000: "In light of Article 1, the Committee is concerned that the various age limits set by the law are not in accordance with the general principles and other provisions of the Convention. Of particular concern to the Committee is the very low age of criminal responsibility under the Penal Code, which is set at seven years; and the possibility of trying boys between 16 and 18 years as adults. The Committee is concerned that there is no minimum age for sexual consent for boys. The Committee is further concerned that minimum-age standards are poorly enforced (e.g. the 1929 Child Marriages Restraint Act)." GOVERNMENT POLICY ON CHILDREN On November 20, 1989, the UN General Assembly adopted the Convention of the Rights of the Child (CRC). On January 26, 1990, the opening day of the session, 61 countries signed it. It came into force on September 2, 1990 with 20 ratifications. It covers all children under the age of 18 years, regardless of sex, colour, language, religion or race. India ratified the CRC in 1992. Several constitutional provisions protect the children of India. Among them: Article 15 affirms the right of the State to make special provision for women and children; Article 24 provides that no child below the age of 14 shall be employed to work…in any hazardous employment; Article 39(e) of the Directive Principles of State Policy provides that children of tender age should not be abused and that they should not be forced by economic necessity to enter avocations unsuited to their age or strength; Article 39(f) requires children to be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth be protected against exploitation and moral and material abandonment; Article 45 of the Directive Principles of State Policy provides for free and compulsory education for all children until they complete the age of 14. Prior to the Fifth Five Year Plan, the government's focus was on child welfare, through the promotion of basic minimum services for children. This culminated in the adoption of the National Policy for Children in 1974. The Fifth Five Year Plan (1974-79) saw a shift of focus from welfare to development, and the integration and co-ordination of services after the launch of the Integrated Child Development Services, 1975. The Sixth Five Year Plan was the period of strengthening child welfare and development. It led to the spatial expansion and enrichment of child development services through a variety of programmes. The focus of the Eighth Five Year Plan period (1992-97) shifted the focus to human development through advocacy, mobilisation and community empowerment. The Government of India has declared its commitment to every child in the Ninth Five Year Plan (1997-2002). But despite these laws, policies and commitments, what is the actual situation of India's children vis-à-vis health, education, early childhood care and protection? RESOURCE ALLOCATION FOR CHILDREN Legal and programmatic commitments have to be matched by financial commitments, as reflected in the national and provincial budgets. The allocation and spending of adequate financial resources on children, although not the only indicator, is an important reflection of the government's commitment. A HAQ-Centre for Child study indicates an increase in allocation and spending on children over the last decade. However, this rise is from 0.6 per cent at the beginning of the last decade to 1.2 per cent of the Union Budget in 1998-99. Thus, for every Rs 100 spent by the Union Government of India, only Rs 1.20 was, on an average, spent on children in the last decade! The highest percentage spent by the Government in a single year was Rs 1.80 in 1997-98. This declined to Rs 1.60 in 1998-99. SURVIVAL AND HEALTH CARE Article 24 of the Convention of the rights of the child requires the State partied to recognise the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. It further directs the State Partied to strive to ensure that no child is deprived of his or her right to access to health care services. The convention also lays stress on development of primary health care, combating disease and malnutrition, appropriate pre-natal and post-natal care for mothers, and development of preventive health care. Over the years, there has been some improvement in the health status of children in India. This is reflected in reduced mortality rates. Nevertheless, two million infants die each year, almost the same number as in 1960 (Directorate of Women and Child Development). The National Health Policy 1983 provides a comprehensive framework for planning, implementation and monitoring of health care services. Several committees have examined the health situation and recommended the need for improved access and quality of services to women and children. Based on the National Health Policy, the National Plan of Action for children was drafted in 1992. Its major goals were the reduction of infant mortality rates to less than 50 per 1,000 live births and reduction of child mortality rate to less than 10 by the year 2002. It aimed to eradicate poliomyelitis by the year 2000; eliminate neo-natal tetanus by 1995; reduce measles deaths by 95 per cent by 1995 and measles cases by 90 per cent compared to pre-immunisation levels; achieve and maintain immunisation coverage at a level of 100 per cent for infants; reduce by 50 per cent deaths due to diarrhoea in children under the age of five and to reduce the incidence of diarrhoea by 25 per cent; and reduce mortality rates due to Acute Respiratory Infection (ARI) among children under five by 40 per cent by 2000 AD. The government admits that the task of providing health care to 375 million children is an enormous challenge; especially since one-third of them live in conditions of abject poverty and neglect. Nevertheless, several achievements have been made: - Age-specific mortality rates have declined. The decline in the age group 0-4 years and 5-14 years is substantial.
- Infant mortality rates have decreased from 134 in 1946-50 to 72 in 1997.
- Under-five mortality rates declined from 177 in 1980 to 100 in 1993.
- Every girl-child born today can expect to live up to the age of 58 years, as against 41 years in 1951-60.
- Every boy-child can live to 58 years, as against 42 years in 1951-60.
- More deliveries take place in health facilities (33 per cent in 1992-93, compared to 25 per cent five years ago).
- More children receive the essential vaccines protecting them from tuberculosis, diphtheria, pertussis, tetanus, measles and polio (42 per cent, up from 36 per cent). The Universal Immunisation Programme aims at immunising all 25 million children born in the country each year against the six vaccine-preventable diseases.
And yet - Of every 1,000 children born in a year, 48 die within 28 days of birth. The incidence is much higher in the rural areas: 52 child deaths at birth.
- There are not enough beds to accommodate the 25 million annual births.
- One in 13 infants dies before reaching the age of one year.
- One in nine children die before reaching the age of five. This figure corresponds to official figures for 1961.
- Approximately 70 per cent of infant deaths occur in the first week of life.
- Acute Lower Respiratory Infection (ALRI) continues to claim15-20 per cent of infant deaths, especially in the first three or four months of life.
- 380,000 deaths occur each year due to Vitamin A, iron and iodine deficiencies. And 210,000 children are born cretins, or turn blind at pre-school age.
- Every year 7 to 8 lakh (700,000-800,000) children die from a preventable disease, like diarrhoea.
- In a country that has buffer stocks of food grains, nearly 75 million children below the age of 5 years are malnourished.
- 45 per cent of children below three are severely and chronically malnourished.
- Only 44 per cent of children have completed the immunisation schedule. A massive 14 per cent have not received a single vaccine.
EARLY CHILDHOOD CARE Articles 3, 6 and 18 of the CRC require State agencies to: ensure to the maximum extent possible the survival and development of the child; render appropriate assistance to parents and legal guardians in performance of child-rearing responsibilities; ensure the development of institutions, facilities and services for the care of children. It also requires State agencies to ensure that children of working parents have the right to benefit from the child-rearing services and facilities for which they are eligible. There are 127.6 million children below the age of six in the country; 60 million of them below the poverty line.
The first six years in a child's life are crucial. It is in these years that the physical, cognitive, language and social development of the child is at its peak. Investment in early childhood care and education (ECCE) is essential. Recognising this, the government has launched several programmes, the most important being the Integrated Child Development Services programme.
Investing in early childhood care and education means: comprehensive maternal care and entitlements; provision of crèches, child care, nutrition; immunisation and health care; pre-school education; protection and care to children; and creating child care services to release girls from sibling care responsibilities, so they can get an education. The government has launched a number of schemes in these areas. These include: Crèches / Day Care scheme for Working and Ailing Mothers; National Fund for Child Care Services; Integrated Child Development Services (ICDS); Balwadi Nutrition Programme; Early Childhood Education through assistance to Voluntary Agencies.
Achievements: As against 18.9 million in 1997, the ICDS in 1999-2000 reached approximately 26.5 million children below the age of six. Of these, nearly 12.7 million children, between the ages of three and six, participate in centre-based pre-school educational activities (Annual Report, DWCD, 1999-2000). And yet: "It is estimated that India today requires 800,000 crèches for its children. Against this, we have been able to set up only 14,925 crèches under these two schemes, leaving an enormous gap …" (DWCD. 1998-99: p. 59)
EDUCATION AND DEVELOPMENT Articles 28 and 29 of the Convention on the Rights of the Child recognise the right of children to education. The development of children is integrally linked to their right to education. Article 28 makes it obligatory for State agencies to recognise the right of children to education. This is to be achieved on the basis of: equal opportunities; compulsory primary education freely available to all; secondary, higher education accessible to all children; educational and vocational information and guidance; measures to encourage regular attendance at schools and to reduce the drop out rates. By virtue of Article 29, State agencies agree that the education of the child shall be directed to the development of the child's personality, talents, and mental and physical abilities, to their fullest potential. India's commitment to 'provide for and ensure Universal Elementary Education for all children' up to the age of 14 has been reiterated time and again.. The Kothari Commission (1964-1966), the Acharya Ramamurthy Committee (1990), the Prof Yash Pal Committee (1993), the Saikia Committee (1997) have all reiterated the need for free and compulsory universal elementary education (UEE) and quality education. In 1993, the Supreme Court clearly declared education a fundamental right, in the Unnikrishnan vs. State of Andhra Pradesh case and others. It said, "Though the right to education is not stated expressly as a fundamental right, it is implicit in and flows from the right to life guaranteed under Article 21." The Saikia Committee reported an average expenditure per student in classes I-VIII in 1995-96 to be Rs 948 per annum. It recommended an additional investment of Rs 40,000 crores in the next five years to ensure education for all children out of school. In its report submitted to the Government of India, the Dr Tapas Majumdar Expert Committee estimated a requirement of additional Rs 1,36,000 crores over a period of 10 years ending 2007-2008. Although literacy rates more than doubled from 24 per cent in 1961 to 52 per cent in 1991, there are 60 million more illiterate persons in the country than there were in 1961. Only 65 per cent of children reach Grade 5. Many of those 'completing primary school' cannot even read and write.
In the field of education we have achieved - Increase in literacy rates from 18.33 per cent in 1951, to 52.21 per cent in 1991
- Decrease in dropout rates from 62.7 per cent in 1977-78, to 39.37 per cent in 1995-96
- Increase in enrolment at primary school from 19.2 million in 1950-51, to 109.8 million in 1995-96
- Increase in primary schools from 209,671 in 1950-51, to 590,421 in 1995-96
And yet - It is estimated that between 40-60 per cent of children in the 6-14 age group are out of school.
- About 40 per cent of children drop out of school before they reach Class V.
- Fifty-four per cent of children drop out of school before they complete their elementary education. Of them, 51 per cent are boys and 59 per cent girls.
- Enrolment rate at the primary level is 88 per cent: 98 per cent for boys and 81 per cent for girls. The enrolment rate at the middle level drops to 59 per cent -- 67 per cent for girls and 50 per cent for boys.
- As far back as 1962, the Kothari Commission had recommended a minimum of 6 per cent of the GNP as allocation for education. Four decades later, our allocation for education is a mere 3.5 per cent.
- Twelve per cent of primary schools have only one teacher, 58 per cent had only two rooms, 60 per cent had leaking roofs, and only 25 per cent of teachers were found teaching.
PROTECTION AND RIGHTS There are children who are particularly disadvantaged because of their social, economic, physical or mental condition. These children are placed under the category of children under special or difficult circumstances. The following groups of children have been included in this category by the Government of India: - Children in labour
- Street children
- Children who are neglected or treated as juvenile offenders
- Children who are physically or mentally challenged
- Destitute children in need of adoption
- Drug addicts
- Children in prostitution
- Children of prostitutes
- Children of prisoners
- Refugee children
- Slum and migrant children
Convention on the rights of the child has provisions for all children who need protection. Article 20 of the convention concerns children who are temporarily or permanently deprived of his/her family environment. Article 21 makes it obligatory for the State Parties to ensure that only component authorities authorize the adoption of a child. Article 22 addresses the Right of refugee children to appropriate protection and humanitarian assistance, including tracing family members. Article 2 of the convention requires the States to ensure and respect all the rights set forth in the convention for the disabled children within their juridiction. Article 23 further provides guidance on realising the rights of the disabled child. Article 32 recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or interferes with the child's education or is harmful to the child's health or development. Article 33 requires the ratifying states to take all appropriate measures to protect children from the illicit use of narcotic drugs and psychotropic substances and prevent the use of children in the production of trafficking of such drugs. Articles 11,21,32,33,36 of the Convention protect children from sexual exploitation, abduction, sale and trafficking. Articles 37 bars the death penalty and life imprisonment without possibility of release and insists that any restriction of liberty must be used as the last resort and for shortest possible time period. Article 39 requires measures to promote physical and psychological recovery, and social re-integration, of child victims. Article 40 details a list of minimum guarantees for the child and requires the State Parties to set a minimum age of criminal responsibility, to provide measures for dealing with children who may have infringed the penal law without resorting to judicial proceedings and to provide a variety of alternative dispositions to institutional care. In spite of the achievements in health, nutrition and education, the government admits that the special needs and rights of children in difficult circumstances have remained "subdued" in the larger framework of meeting other basic needs of children. The National Plan of Action emphasises the need for tackling the root causes of such situations. The major constraint in providing services is the paucity of reliable data on children in difficult circumstances. Some of the data that is available is as follows, but it must be remembered that these data are guess-estimates and projections: Child labour India has the largest number of working children in the world. Estimates on the magnitude of child labour vary from approximately 11.28 million (Census of India. 1991) to 23.2 million estimated by the International Labour Organisation. The government admits that about 2 million children are employed in hazardous industries, occupations and processes. Other unofficial sources estimate 100 million working children in the country. There are about 74.4 million children according to the National Labour Institute, who are neither enrolled in schools nor accountable for in the labour force. These are all potential child labourers. The 45 per cent of children who are out of school are also prospective child labourers. All child labour-related schemes and programmes of the ministry of labour fall under the broader scheme called 'Improvement in working conditions of women and children'. In 1998, because of the increasing magnitude of the problem, the ministry of labour set up a full-fledged Division on Child Labour headed by a joint secretary. In August 1987, the National Child Labour Policy was adopted to deal with a situation where children work, or are compelled to work, on a regular or continuous basis, to earn a living for themselves or their families. The policy encourages voluntary organisations to take up non-formal education, vocational training, of health care, nutrition and education for working children. Based on the Policy, the National Child Labour Projects (NCLP) were launched for the first time in 1998 in areas of high concentration of child labour. In 1994-95 a high-powered body, the National Authority for the Elimination of Child Labour was constituted to withdraw child labour working in hazardous occupations, and for rehabilitating them through special schools. During 1999-2000, 91 child labour projects have been sanctioned in child labour endemic states. Street children India has the dubious distinction of having the largest population of street children. Street children suffer from destitution, neglect, abuse and exploitation. It is estimated that in urban areas alone there are 11 million children on the streets. Of them 420,000 street children live in the six metropolitan cities of the country. Under the Scheme for Welfare of Street Children, more than 24,000 street children are being benefited. The problem of destitution persists in the country in spite of a network of institutional and non-institutional programmes, and services being provided by the government and voluntary organisations.
Juvenile delinquency India has a well-planned juvenile justice system, comprising the Juvenile Justice Board, Juvenile Courts, Juvenile Homes and After Care Organisations. With the Juvenile Justice Act 1986 in full force and a scheme for the prevention and control of Juvenile Social Maladjustment being implemented, juvenile crime in the country has declined over the years and accounts for 0.6 per cent of total crime. One of the most important objectives of the Juvenile Justice Act is to ensure that no child is lodged in jail or police lockup under any circumstances.
Children of migrant workers and construction labourers Children of construction workers and migrant labourers are deprived of health, nutrition and education facilities. Day-care facilities for the children are negligible. The National Crèche Fund set up by the Department of Women and Child in 1994, gives assistance to voluntary organisations to set up crèches for children of working mothers. Child prostitutes Over the years there has been an increase in the number of child prostitutes. Government of India estimates put the number at 400,000. According to UNICEF, almost 15 per cent of prostitutes enter the profession before the age of 15, and 25 per cent enter between 15-18. A number of children in prostitution are children of prostitutes. According to government estimates, at least 25,000 children are engaged in prostitution in the major metropolitan cities: Bangalore, Calcutta, Chennai, Delhi, Hyderabad and Mumbai. The Central Advisory Committee on Child Prostitution estimates this number at 100,000. Unofficial estimates say India has two million prostitutes, of whom 20 per cent are below 15. Almost all of them became victims of exploitation when they were children, i.e less than 15 years old.
The government has set up a Central Advisory Board to frame a plan of action for the rescue and rehabilitation of child prostitutes. Beside, three out of four rape victims are minors. In the last 10 years, rape of minors below 16 has accounted for more than 25 per cent of the total rape cases and rape of children below the age of 10 years increased by 10 per cent. Incestuous rape is the commonest form of sexual abuse. Delhi Police data shows there was a rise from 8 per cent in 1998 to 11 per cent in 1999.
Children with disabilities According to government estimates, one in every 10 children is born with, or acquires, a physical, mental or sensory disability. So India could have 12 million disabled children. It is estimated that 75 one per cent of the disabilities are preventable. Official agencies estimate that only one per cent of children with disability have access to education. The ministry of welfare is the nodal department for implementing schemes and programmes for the disabled. For information on disability and legislation, and government schemes for the benefit and welfare of persons with disabilities, visit the following websites: www.disabilityindia.org, www.disabilityindiajournal.com It is unfortunate that society continues to treat disability with apathy or at best pity, on the one hand, and revulsion on the other. In spite of recognition of the need to make special efforts for the physically and mentally challenged, the efforts have been inadequate. Disability continues to fall in the realm of "social welfare." While efforts are on to bring it into the realm of "rights," there is still a long way to go. |
