NATIONAL COMMITMENTS ON CHILD WELFARE

The law, policy and practice of child welfare have undergone significant changes
from a historical perspective. Before 1839, authority and control was important. 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. Victorian judges, who developed the welfare principle,
favoured one dominant family form. The traditional Indian view of welfare is
based on daya, dana, dakshina, bhiksha, ahimsa, samya-bhava, swadharma and
tyaga, the essence of which were self-discipline, self-sacrifice and consideration
for others. It was believed, that the wellbeing of children depended on these
values.

Since Independence, India has developed many policies and legislations to

favour Child Protection and Child Rights. It was only during the 20th century that
the concept of children’s rights emerged. This shift in focus from the ‘Welfare’ to
the ‘Rights’ approach is significant. The child rights approach is primarily
concerned with issues of social justice, non-discrimination, equity and
empowerment. The rights perspective is embodied in the United Nations
Convention on the Rights of the Child (CRC), 1989, which is a landmark in
international human rights legislation. India ratified the Convention on the Rights
of the Child in December 1992. Over the last few years, the government has
taken a number of measures related to children. The most important has been
the setting up of a Ministry of Women and Child Development as against the
Department of Women and Child Development (DWCD) that used to function as
part of the Ministry of Human Resource Development. Among the policy and law
initiatives undertaken, was the formulation of the National Charter for Children
2003, the National Plan of Action for Children 2005, and enforcement of the
National Commissions for Protection of Child Rights Act 2006. India has made
several national commitments towards children by way of constitutional
provisions, legislation, policies and programmes. The major policies formulated in
the country to ensure Child Protection & Child Rights and improvement in the
status of children includes as follows:

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2.1: Constitutional Provisions
Children of India have traveled a long way through the process of development
experience of the country being the worst and the most silent sufferers when
disease and malnutrition, epidemics and famine took a toll of countless lives.
These concerns greatly influenced the debates in the Constituent Assembly and
the drafting of India's Constitution, which is the most powerful pillar for
safeguarding the rights and interests of children of India. Realizing that the
children have neither a voice nor a political constituency, the Constitution of India
laid down certain special safeguards to ensure their welfare, protection and
development. The Constitutional treatment of rights is twofold: On the one hand,
certain rights and freedoms, mainly civil, political and cultural in nature, are
secured as Fundamental Rights enforceable against the State through
constitutionally guaranteed remedies, including writs:
 Right to equality (articles 14—18);
"The State shall not deny to any person equality before the law or the equal
protection of laws within the territory of India." "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."
 Right to freedom (articles 19—22);
"No person shall be deprived of his life or personal liberty except according to the
procedure established by law."
 Right against exploitation (articles 23—24);
"Trafficking in human beings beggary and other forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable
in accordance with law." "No child below the age of fourteen years shall be
employed to work in any factory, mines or engaged in any other hazardous
employment."
 Right to freedom of religion (articles 25—28);
 Cultural and educational rights (articles 29—30);
 Right to constitutional remedies (article 32).

On the other hand, certain rights, largely social and economic in nature, have
been listed as Directive Principles of State Policy. These rights, though not

2
justifiable, are fundamental to governance and are considered a necessary
supplement to Fundamental Rights in achieving the objectives of the welfare
State. This recognition of indivisibility and inviolability of rights included in the
Directive Principles (social and economic rights) and the harmonious
interpretation of other provisions in the Constitution, to advance the content of
the rights in Part IV (Directive Principles of State Policy), is a major
accomplishment in human rights protection under Indian constitutional law. The
provisions in Part IV of the Indian Constitution which enabled the judiciary to
promote the jurisprudence of child rights are articles 39 (e) and (f), 42, 45 and 47.
Article 39 says that the State shall, in particular, direct its policy towards
ensuring:
(e) that the health and strength of workers and the tender age of children
are not abused and that citizens are not forced by economic necessity to
enter vocations (unsuited to their age or strength);
(f) that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against moral
& material abandonment.
Article 42 says that the State shall make provision for securing just and humane
conditions of work and for maternity relief.
Article 45. The State shall endeavour to provide, within a period of 10 years from
the commencement of this Constitution, free and compulsory education for all
children until they complete the age of 14 years.
Article 47. The State shall regard the raising of the level of nutrition, the standard
of living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of
the consumption (except for medicinal purposes) of intoxicating drinks and of
drugs which are injurious to health.
However, they are important provisions, as article 37 stipulates, in unequivocal
terms that “these principles are fundamental in the governance of the country
and it shall be the duty of the State to apply these principles in making laws”. The
Supreme Court, as part of the system of governance of the country, has been
invoking these principles in interpreting statute and in implementing fundamental

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human rights. For instance, an inability of the State, to provide free & compulsory
education for all children within a period of 10 years from the commencement of
the Constitution, has compelled the Supreme Court to declare the right to
education to be part of the fundamental right to personal liberty (article 21), as
without education, life cannot be lived with dignity. This healthy trend, to
increasingly lead the rights contained in the Directive Principles (Part IV) into the
Fundamental Rights in Part III of the Constitution, is aimed at progressive
realization of the rights, under the Convention, to which India is a signatory. By
ratifying the Convention on the Rights of the Child, the Government is obligated
“to review national and State legislation and bring it into line with the provisions of
the Convention”. This obligation on the State is also in conformity with the
Constitution, which allows the continuance in force of laws only if they conform to
the provisions of the Constitution (article 372).

2.2: Convention on the Rights of the Child (CRC)

In the Universal Declaration of Human Rights, the United Nations has proclaimed
that childhood is entitled to special care and assistance. Convinced that the
family, as the fundamental group of society and the natural environment for the
growth and well-being of all its members and particularly children, should get the
necessary protection and assistance so that it can fully assume its
responsibilities within the community. Recognizing that the child, for the full and
harmonious development of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love and understanding.
Considering that the child should be fully prepared to live an individual life in
society, and brought up in the spirit of the ideals proclaimed in the Charter of the
United Nations, and in particular in the spirit of peace, dignity, tolerance,
freedom, equality and solidarity.

Bearing in mind that, as indicated in the Declaration of the Rights of the Child,
"the child, by reason of his physical and mental immaturity, needs special
safeguards and care, including appropriate legal protection, before as well as
after birth", Recognizing that, in all countries in the world, there are children living
in exceptionally difficult conditions, and that such children need special

4
consideration. Taking due account of the importance of the traditions and cultural
values of people in each community for the protection and harmonious
development of the child, Recognizing the importance of international co-
operation for improving the living conditions of children in every country, in
particular in the developing countries. On November 20, 1989, the UN General
Assembly adopted the Convention on the Rights of the Child (CRC), the first
legally binding international convention to affirm human rights for all children. The
CRC covers all children under the age of 18 years, regardless of sex, colour,
language, religion or race.

In December, 1992, the Government of India ratified the Convention on the

Rights of the Child (CRC) whichseeks to protect and promote, without any
discrimination and as a matter of priority, the best interest of children
everywhere. The convention states that: State parties undertake to ensure the
child such protection and care necessary for his or her well being, taking into
account the rights and duties of his/her parents, legal guardians or other
individuals legally responsible for him/her to this end, shall take all appropriate
legislatives and administrative measures.
CRC under major four principles/rights
 Right to Survival (Article 7,8,24)
The child shall be registered immediately after birth and shall have the right
from birth to a name, to preserve his or her identity, including nationality, name
and family relations as recognized by law without unlawful interference as far
as possible, the right to know and be cared for by his or her parents.
States Parties recognize 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. States Parties shall strive to ensure that no child is
deprived of his or her right of access to such health care services.
 Right to Protection (Article 2,3,9,32,34,37)
States Parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any
kind, irrespective of the child's or his or her parent's or legal guardian's race,
colour, sex, language, religion, political or other opinion, national, ethnic or
social origin, property, disability, birth or other status. States Parties shall take

5
all appropriate measures to ensure that the child is protected against all forms
of discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members.
In all actions concerning children, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration. States
Parties undertake to ensure the child such protection and care as is necessary
for his or her well-being, taking into account the rights and duties of his or her
parents, legal guardians, or other individuals legally responsible for him or her,
and, to this end, shall take all appropriate legislative and administrative
measures. States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children shall conform with the
standards established by competent authorities, particularly in the areas of
safety, health, in the number and suitability of their staff, as well as competent
supervision.
States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to
interfere with the child's education, or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.
To protect the child from all forms of sexual exploitation and sexual abuse, for
these purposes, States Parties shall, in particular, take all appropriate national,
bilateral and multilateral measures to prevent:(a)  The inducement or coercion
of a child to engage in any unlawful sexual activity;(b)  The exploitative use of
children in prostitution or other unlawful sexual practices; (c)  The exploitative
use of children in pornographic performances and materials.

States Parties shall ensure that: (a)  No child shall be subjected to torture or
other cruel, inhuman or degrading treatment or punishment. Neither capital
punishment nor life imprisonment without possibility of release shall be
imposed for offences committed by persons below 18 years of age; No child
shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
detention or imprisonment of a child shall be in conformity with the law and
shall be used only as a measure of last resort and for the shortest appropriate
period of time; Every child deprived of liberty shall be treated with humanity

6
and respect for the inherent dignity of the human person, and in a manner
which takes into account the needs of persons of his or her age. In particular
every child deprived of liberty shall be separated from adults unless it is
considered in the child's best interest not to do so and shall have the right to
maintain contact with his or her family through correspondence and visits, save
in exceptional circumstances; Every child deprived of his or her liberty shall
have the right to prompt access to legal and other appropriate assistance, as
well as the right to challenge the legality of the deprivation of his or her liberty
before a court or other competent, independent and impartial authority, and to
a prompt decision on any such action.

States Parties shall ensure that a child shall not be separated from his or her
parents against their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures, that such
separation is necessary for the best interests of the child. Such determination
may be necessary in a particular case such as one involving abuse or neglect
of the child by the parents, or one where the parents are living separately and a
decision must be made as to the child's place of residence.

 Right to Development (Article 26,28,31)

States Parties shall recognize for every child the right to benefit from social
security, including social insurance, and shall take the necessary measures to
achieve the full realization of this right in accordance with their national law.
States Parties recognize the right of the child to education, and with a view to
achieving this right progressively and on the basis of equal opportunity, they
shall, in particular: a)  Make primary education compulsory and available free
to all; b)  Encourage the development of different forms of secondary
education, including general and vocational education, make them available
and accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in case of need;
(c)  Make higher education accessible to all on the basis of capacity by every
appropriate means; (d)  Make educational and vocational information and
guidance available and accessible to all children; (e)  Take measures to
encourage regular attendance at schools and the reduction of drop-out rates.

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States Parties recognize the right of the child to rest and leisure, to engage in
play and recreational activities appropriate to the age of the child and to
participate freely in cultural life and the arts. States Parties shall respect and
promote the right of the child to participate fully  in cultural and artistic life and
shall encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activity.

 Right to Participation (Article 12, 13, 14,15,16, 17)

States Parties shall assure to the child who is capable of forming his or her
own views the right to express those views freely in all matters affecting the
child, the views of the child being given due weight in accordance with the age
and maturity of the child. For this purpose, the child shall in particular be
provided the opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a representative or
an appropriate body, in a manner consistent with the procedural rules of
national law.
The child shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or
through any other media of the child's choice. The exercise of this right may be
subject to certain restrictions, but these shall only be such as are provided by
law and are necessary(a)  For respect of the rights or reputations of others;
or(b)  For the protection of national security or of public order (order public), or
of public health or morals.
CRC at a Glance
Part I Operational Articles
Article 1 Defines child as a person who Article Privacy, honour,
is below the age of 18 years. 16 reputation
Article 2 Non-discrimination Article Access to information
17 and media
Article 3 Best interest of the child Article Parental
18 responsibility
Article 4 Measures for implementation Article Abuse and neglect
of rights 19 (while in family or in
care)
Article 5 Parents, family, community Article Protection of child

8
 rights and responsibilities 20 who is deprived
(temporarily or
permanently) of
family environment
Article 6 Right to life Article Adoption
21
Article 7 Right to name and nationality Article Refugee children
22
Article 8 Preservation of identity Article Disabled children
23
Article 9 Non-separation from parents Article Health care
24
Article 10 Family reunification Article Periodic review of
25 children in care
Article 11 Illicit transfer and non-return of Article Social security
children abroad 26
Article 12 Expression of opinion Article Standard of living
27
Article 13 Freedom of expression and Article Education
information 28
Article 14 Freedom of thought, Article Aims of education
conscience and religion 29
Article 15 Freedom of association and Article Children of
peaceful assembly 30 minorities,
indigenous children
Article 31 Play, recreation and Article Other forms of
participation in cultural life and 36 exploitation
the arts
Article 32 Economic exploitation Article Torture, capital
37 punishment,
deprivation of liberty
Article 33 Protection from narcotic and Article Armed conflicts
psychotropic substances 38
abuse
Article 34 Sexual exploitation Article Recovery and
39 reintegration
(following abuse,
torture, armed

9
 conflicts etc.)
Article 35 Abduction/sale/trafficking of Article Juvenile Justice
children 40
Article 41 Rights in other national or
international instruments
Part II Enforcement
Article 42 Dissemination of the principles Article Reports from States
and provisions of the 44 Parties
Convention
Article 43 Establishment of the Article Method of work of the
Committee 45 Committee
Part III Administrative Issues
Article 46 Signature Article Amendments
50
Article 47 Ratification Article Reservations
51
Article 48 Accession Article Denunciation
52
Article 49 Entry into force Article Depositary
53
Article 54 Authentic texts

2.3: Millennium Development Goals (MDGs)

In United Nations global conferences of the 1990s, the United Nations Millennium
Declaration of 2000 marked a strong commitment to the right to development, to
peace and security, to gender equality, to the eradication of the many dimensions
of poverty and to sustainable human development. MDGs, including eight goals
and 18 time bound targets, are interrelated and should be seen as a whole. They
represent a partnership between the developed countries and the developing
countries “to create an environment – at the national and global levels alike –
which is conducive to development and the elimination of poverty”. India as
accepted along with 191 states of the world participating in the United Nations
Millennium summits held in New York in September, 2000. All the eight MDGs
have a direct implication on the well being of children. A close look at the MDGs
shows that child protection issues intersect with every one of them – from poverty
reduction to getting children into school, from eliminating gender and equality to

10
 reducing child mortality. Most of the MDGs simply can not be achieved if failures
to protect children are not addressed.
MDGs at a Glance
Goal And Target From Indicators For Monitor Goals
GOAL 1: Eradicate Extreme Poverty And Hunger
TARGET 1: Halve, between 1990 1. Proportion of population below $1 (PPP) per day
and 2015, the proportion of 1A. Poverty headcount ratio (percentage of population
people whose income is less than below the national poverty line)
one dollar a day 2. Poverty gap ratio [incidence depth of poverty]
3. Share of poorest quintile in national consumption
TARGET 2: Halve, between 1990 4. Prevalence of underweight children under 5 years of age
and 2015, the proportion of 5. Proportion of population below minimum level of dietary
people who suffer from hunger energy consumption
Goal 2: Achieve Universal Primary Education
TARGET 3: Ensure that, by 2015, 6. Net enrolment ratio in primary education
children everywhere, boys and 7. Proportion of pupils starting grade 1 who reach grade
girls alike, will be able to 5b.
complete a full course of primary 8. Literacy rate of 15–24 year-olds
schooling
Goal 3: Promote Gender Equality And Empower Women
TARGET 4: Eliminate gender 9. Ratio of girls to boys in primary, secondary and tertiary
disparity in primary and education
secondary education, preferably 10. Ratio of literate women to men, 15–24 years old
by 2005, and in all levels of 11. Share of women in wage employment in the non-
education no later than 2015 agricultural sector
12. Proportion of seats held by women in national
parliament
Goal 4: Reduce Child Mortality
TARGET 5: Reduced by two third 13. Under-five mortality rate
between 1990 and 2015, under 14. Infant mortality rate
five mortality rate 15. Proportion of 1 year-old children immunized against
measles
Goal 5: Improve Maternal Health
TARGET 6 :Reduce by three 16. Maternal mortality ratio
quarters, between 1990 and 17. Proportion of births attended by skilled health
2015, the maternal mortality ratio personnel
Goal 6: Combat HIV/AIDS, Malaria And Other Diseases

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TARGET 7 :Have halted by 2015
and begun to reverse the spread
of HIV/AIDS
TARGET 8 :Have halted by 2015
and begun to reverse the
incidence of malaria and other
major diseases
Goal 7: Ensure Environmental Sustainability
TARGET 9 :Integrate the
principles of sustainable
development into country policies
and programmes and reverse the
loss of environmental resources
TARGET 10 :Halve, by 2015, the
proportion of people without
sustainable access to safe
drinking water and basic
sanitation
TARGET 11: By 2020, to have
achieved a significant
improvement in the lives of at
18. HIV prevalence among pregnant women aged 15–24
years
19. Condom use rate of the contraceptive prevalence rate
19A. Condom use at last high-risk sex
19B. Percentage of population aged 15-24 years with
comprehensive correct knowledge of HIV/AIDS
19C. Contraceptive prevalence rate
20. Ratio of school attendance of orphans to school
attendance of non-orphans aged 10–14years
21. Prevalence and death rates associated with malaria
22. Proportion of population in malaria-risk areas using
effective malaria prevention and treatment measurese
23. Prevalence and death rates associated with
tuberculosis
24. Proportion of tuberculosis cases detected and cured
under DOTS
25. Proportion of land area covered by forest
26. Ratio of area protected to maintain biological diversity
to surface area
27. Energy use (kg oil equivalent) per $1 GDP (PPP)
28. Carbon dioxide emissions per capita and consumption
of ozone-depleting CFCs
(ODP tons)
29. Proportion of population using solid fuels
30. Proportion of population with sustainable access to an
improved water source, urban and rural
31. Proportion of population with access to improved
sanitation, urban and rural
32. Proportion of households with access to secure tenure
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least 100 million slum dwellers.
Goal 8: Develop A Global Partnership For Development
TARGET 12 : Develop further an 33. Net ODA, total and to the least developed countries, as
open, rule-based, predictable, a percentage of OECD/DAC donors’ gross national
non-discriminatory trading and income
financial system 34. Proportion of total bilateral, sector-allocable ODA of
Includes a commitment to good OECD/DAC donors to basic social services (basic
governance, development and education, primary health care, nutrition, safe water and
poverty reduction – both sanitation)
nationally and internationally
TARGET 13 : Address the special 35. Proportion of bilateral official development assistance
needs of the least developed of OECD/DAC donors that is untied
countries Includes: tariff and 36. ODA received in landlocked countries as a proportion
quota free access for the least of their gross national incomes
developed countries’ exports; 37. ODA received in small island developing States as
enhanced programme of debt proportion of their gross national Incomes Market access
relief for Heavily Indebted Poor
Countries (HIPC) and
cancellation of official bilateral
debt; and more generous ODA
for countries committed to poverty
reduction
TARGET 14 : Address the special 38. Proportion of total developed country imports (by value
needs of landlocked countries and excluding arms) from developing countries and and
and small island developing from the least developed countries, admitted free of duty
States (through the Programme
of Action for the Sustainable
Development of Small Island
Developing States and the
outcome of the twenty-second
special session of the General
Assembly)
TARGET 15 : Deal 39. Average tariffs imposed by developed countries on
comprehensively with the debt agricultural products and textiles and clothing from

13
problems of developing countries
through national and international
measures in order to make debt
sustainable in the long term
TARGET 16 : In cooperation with
developing countries, develop
and implement strategies for
decent and productive work for
youth
TARGET 17 : In cooperation with
pharmaceutical companies,
provide access to affordable
essential drugs in developing
countries
TARGET 18 : In cooperation with
the private sector, make available
the benefits of new technologies,
especially information and
communications
developing countries
40. Agricultural support estimate for Organization for
Economic cooperation and development (OECD) countries
as a percentage of their gross domestic product
41. Proportion of Official Development Assistance (ODA)
provided to help build trade capacity Debt sustainability
42. Total number of countries that have reached their HIPC
decision points and number that have reached their HIPC
completion points (cumulative)
43. Debt relief committed under HIPC Initiative
44. Debt service as a percentage of exports of goods and
services
45. Unemployment rate of young people aged 15-24 years,
each sex and total
46. Proportion of population with access to affordable
essential drugs on a sustainable basis
47. Telephone lines and cellular subscribers per 100
population
48A. Personal computers in use per 100 population
48B. Internet users per 100 population

National Policy for Children, 1974 declaring children as, "supremely important
asset". It was founded on the convention that child development programs are
necessary to ensure equality of opportunities to these children. The policy
provided the required framework for assigning priority to different needs of the
child. The measures suggested include amongst others, a comprehensive health
programme, supplementary nutrition for mothers and children, free and

14
compulsory education for all children up to the age of 14 years, promotion of
physical education and recreational activities, special consideration for children
of weaker sections like Scheduled Castes and Scheduled Tribes, protection from
neglect, abuse, hazardous labour conditions, etc. The National Policy for children
sets out priorities for:
 improving child Health,
 improving nutrition for infant and child,
 providing special care to orphan and destitute children, as well as
to handicapped children
 Building of Crèches and other facilities for children of working or
ailing mothers.
National Plan of Action for Children (NPAC), 2005
In pursuance of the commitment made at the 1990 World Summit and reiterated
at the 2002 UN Special Session on Children, the Ministry of Women and Child
Development - in consultation with concerned Ministries and Departments,
States/Union territory Governments, NGOs and experts - has formulated the
National Plan of Action for Children in 2005. The Plan sets out core goals, key
objectives and strategies for achieving them in four fields that are Child Survival,
Child Development, Child Protection and Child Participation. The priority areas
defined are health, nutrition, education, water, sanitation and environment. The
Prime Minister’s Office is quarterly monitoring the NPAC 2005 on the basis of
eight parameters, which are as under:
1. Reduce Infant Mortality Rate to below 30 per 1000 live births by 2010.
2. Reduce Child Mortality Rate to below 31 per 1000 live births by 2010.
3. Reduce Maternal Mortality Rate to below 100 per 100,000 live births by
2010.
4. Provide universal equitable access and use of safe drinking water and
improved access to sanitary means of disposal by 2010.
5. 100% rural population to have access to basic sanitation by 2012.
6. Eliminate child marriages by 2010
7. Eliminate disability due to poliomyelitis by 2007
8. Reduce the proportion of infants infected with HIV by 20 percent by 2007
and by 50 percent by 2010, by ensuring that 80 per cent of pregnant

15
 women have access to ante natal care, and 95 per cent of men and
women aged 15-24 have access to care, counselling and other HIV and
prevention services.
To make the aims and activities of the Plan more need-based and area-specific,
the Central Government has urged the State governments to prepare a Plan of
Action for Children for their States, taking into account the regional disparities
that may exist. The Guiding Principles of the NPAC 2005 are:
1. To regard the child as an asset and a person with human rights.
2. To address issues of discrimination from biases of gender, class, caste,
race, religion and legal status in order to ensure equality.
3. To accord utmost priority to the most disadvantaged, poorest of the poor
and the least served child in all policy and programme interventions.
4. To recognize the diverse stages and settings of childhood, and address
the needs of each, providing all children the entitlements that fulfill their
rights and meet their needs in each situation.
National Commission for Protection of Child Rights, 2006
The functions of the Commission as laid down in the Act are as follows:
(a) To examine and review the safeguards provided by or under any law for the
protection of child  rights and recommend measures for their effective
implementation and to present reports to the central   government regarding the
working of those safeguards;
(b) To examine all factors that inhibit the enjoyment of rights of children affected
by terrorism, communal violence, riots, natural disaster, domestic violence,
HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and
prostitution and recommend  appropriate remedial measures;
(c) To look into the matters relating to children in distress, marginalized and
disadvantaged children without family and children of prisoners and recommend
appropriate remedial  measures;
(d)  To spread child rights literacy among various sections of society and promote
awareness of   the safeguards available for protection of these rights;
(e) To inspect any juvenile custodial home, or any other place of residence or
institution meant for children, under the control of the central government or State
Government or any other authority, including any institution run by a social

16
organization; where children are detained or lodged for the purpose of treatment,
reformation or protection;
(f) To inquire into the violation of child rights and recommend initiation of
proceedings in such cases; and to take notice of matters relating to:
(a) Deprivation and violation of child rights.
(b).     Non-implementation of laws favoring for protection and
development of children.
(c).   Non-compliance of policy decisions, guidelines or instructions aimed
at mitigating hardships to and ensuring welfare of the children and to
provide relief to such children.
(d) To study treaties and other international instruments and undertake
periodical review of existing policies, program and other activities on child
rights and make  recommendations   for their effective implementation in
the best interest of children;
(e)  To analyse existing law, policy and practice to assess compliance
with Convention on  the rights  of the Child, undertake inquiries and
produce reports on any aspect of   policy or practice  affecting children
and comment on proposed new legislation from a   child rights
perspective;
(f) To promote respect and serious consideration of the views of children
in work and in Government departments and organizations dealing with
child.
(g) To produce and disseminate information about child rights;
(h) To compile and analyse data on children; and
(i) To promote the incorporation on child rights into the school curriculum,
teachers training and training of personnel dealing with children;
Integrated Child Protection Scheme (ICPS), 2008
The Integrated Child Protection Scheme, 2008 is said to be based on the
fundamental principles of “protection of child rights” and “best interests of the
child”. It aims to create a protective environment for children by improving
regulatory frameworks, strengthening structures and professional capacities at
national, state and district levels so as to cover all child protection issues and
provide child friendly services at all levels. This scheme will target especially for

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 children in difficult circumstances i.e. Children of socially excluded groups like
families living in extreme poverty, lower caste families, migrant families, families
subjected to or affected by discrimination, minorities, Children of potentially
vulnerable families and families at risk, child beggars, trafficked or sexually
exploited children, children of prisoners, and street and working children,
orphans, children infected and/or affected by HIV/AIDS, child drug abusers,
children of substance abusers would also be covered under the scheme. In order
to reach out to all these children, the Ministry of Women and Child Development
has proposed to combine its existing child protection schemes under centrally
sponsored scheme titled “Integrated Child Protection Scheme (ICPS)”.
Previously there were multiple vertical schemes for child protection scattered
under different Ministries for example the Labour Ministry was responsible for
child labour elimination program, Ministry of Women and Child Development
took care of Juvenile Justice, child trafficking and adoption related matters,
Ministry of Health and Family welfare looked into the implementation of the
PNDT Act to check female feticide. The proposed ICPS seeks to rationalize
existing schemes and program. It will bring together these multiple vertical
schemes under one comprehensive child protection programmes and will
integrate interventions for protecting children and preventing harm. The existing
schemes & programs for Child Protection include:
i. The Programme for Juvenile Justice for children in need of care and protection
and children in conflict with law. The Government of India provides financial
assistance to the State Governments for establishment and maintenance of
various homes, salary of staff, food, clothing, etc. for children in need of care
and protection in conflict with law. Financial assistance is based on proposals
submitted by States on a 50-50 cost sharing basis.
ii. The Scheme for Working Children in Need of Care and Protection provides for
education, vocational training, medicine, food, recreation/sports equipments to
children working as domestic help, at roadside dhabas, mechanic shops, etc.
iii. The Integrated Programme for Street Children without homes and family ties.
Under this scheme NGOs are supported to run 24 hours drop-in shelters and
provide food, clothing, shelter, non-formal education, recreation, counseling,
guidance and referral services for children. The other components of the

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 scheme include enrollment in schools, vocational training, occupational
placement, mobilizing preventive health services and reducing the incidence
of drug and substance abuse, HIV/AIDS etc.
iv. The Shishu Greh Scheme aims at providing care and protection to
orphans/abandoned/destitute infants and children up to 6 years and promoting
in-country adoption for rehabilitating them.
v. The Rajiv Gandhi National Creche Scheme for the Children of Working
Mothers in the age group of 0-6 years provides comprehensive day-care
services including facilities like food, shelter, medical, recreation, etc.
vi. The Pilot Project to Combat the Trafficking of women and Children for
Commercial Sexual Exploitation for providing care and protection to trafficked
and sexually abused women and children, components of the scheme include
networking with law enforcement agencies, rescue operation, temporary
shelter for the victims, repatriation to hometown and legal services etc.
vii. The Central Adoption Resource Agency (CARA) is an autonomous body
under the Ministry of Women and Child Development to promote in-country
adoption and regulated inter-country adoption. CARA also helps both Indian
and foreign agencies involved in adoption of Indian children to function within
a prescribed framework so that such children are adopted legally through
recognized agencies and no exploitation takes place.
viii. The National Child Labour Project (NCLP) for the rehabilitation of child labour.
Under the scheme, Project Societies at the district level are fully funded for
opening up of Special Schools/Rehabilitation Centres for child labourers.
These special schools/rehabilitation centers provide non-formal education,
vocational training, supplementary nutrition, stipend etc. to children withdrawn
from employment.
ix. CHILDLINE- 1098, is a 24 hour, free telephone helpline for children, supported
by the Ministry for Women and Child Development. It is presently functioning
in 83 cities of India and four cities of Rajasthan i.e. Jaipur, Udaipur, Alwar and
Kota. CHILDLINE aims to reach out to the most marginalized children
between the age-group of 0-18 years and provides interventions of shelter,
medical, repatriation, rescue, death related sponsorships and emotional
support and guidance.

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 Declaration of SAARC (2003) has highlighted 3 main areas for strategic
intervention to improve quality of life for girls. They are survival and protection
of the girl child and safe motherhood, overall development of the girl child and
special protection for vulnerable girl children in difficult circumstances and
belonging to special groups. Government of India has taken the following
measures for capacity building among girl child.
 Juvenile Justice (care and Protection of Children) Act
 Integrated Child Development Scheme
 Establishment of Childline Service, a 24 hour phone service for
children on the streets.
 Special emphasis on girl’s education through Sarva Shiksha Abhiyan
 National Commission for Children, special mandate for girls
 National Nutrition Mission to provide supplements to adolescent girls
and expectant mothers
 Campaign Against child marriage
 Special scheme to target quality of life of adolescent girls
 Policy on HIV/AIDS keeping pace with new forms of sexual
exploitation of girls, child abuse, proliferation of drugs and trafficking
of children
State governments have formulated State Plan of Action for Girl Child
appropriate to the conditions prevailing in each state. Karnataka, Madhya
Prudish, Tamilnadu and Goa have taken lead in this direction.
Legislative Measures for children
Act Purpose and Major features
The Prohibition of An Act to provide for the prohibition of solemnization of child
Child Marriage Act, marriages and for matters connected therewith or incidental
2006 thereto. child marriage (below 18 for females and below 21
for males) can be voidable.
The Court while granting a decree of nullity shall make an
order directing the parties, parents and guardians to return
the money, valuables, ornaments and other gifts
received;The Court may also make an interim or final order

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 directing the male contracting party to the child marriage or
parents or guardian to pay maintenance to the female
contracting party to the marriage and for her residence until
her remarriage;The Court shall make an appropriate order for
the custody and the maintenance of the children of child
marriages;Notwithstanding that a child marriage has been
annulled, every child of such marriage shall be deemed to be
a legitimate child for all purposes;Child marriages to be void
in certain circumstances like minor being sold for the purpose
of marriage, minor after being married is sold or trafficked or
used for immoral purposes, etc.;Enhancement in
punishments for male adults marrying a child and persons
performing, abetting, promoting, attending etc. a child
marriage with imprisonment up to two years and fine up to
one lakh rupees; States to appoint Child Marriage Prohibition
Officers
Immoral Traffic An Act to cover both the sexes exploited sexually for
(Prevention) Act, commercial purposes and to provide enhanced penalties for
1986*. offences involving children and minors. Section 3:
punishment for keeping or allowing premises as brothel
Section 4: Living on the earnings of prostitution, Section 5:
inducing a person for the prostitution; Section 6:
punishments; Section 21: Establishment of Protective Homes
by the State Government.
Child labour An Act imposes prohibition on employment of children (below
(Prohibition and the 14 years) in hazardous occupation an processes. It
Regulation) Act, provides for regulation of work conditions including fixing
1986* hours of work, weekly holidays, notice to inspectors,
provision for resolving disputes as to age, maintenance of
registers etc. Through a recent notification, child domestic
workers up to 14 years of age working in hotels and dhabas
have been brought within the purview of the Act.
Pre-conception Pre-conception and Pre-natal Diagnostic techniques (PNDT)
and Pre-natal (Regulation and Prevention of Misuse) Act, 1994, is an Act to

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Diagnostic provide for the regulation of the use of PNDT for the purpose
techniques Act, of detecting genetic or metabolic disorders or chromosomal
1994 abnormalities or certain congenital malformations or sex
determination leading to female foetecide and for matters
connected therewith.
The Juvenile An Act consolodiate and amend the law relating to juveniles
Justice (Care and in conflict with Law and children in need of care and
Protection of protection by providing for proper care, protection and
Children) Act treatment by catering to their development needs, by
2006, 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.
It prescribes a uniform age of 18 years, below which both
boys and girls are to be treated as children. A clear
distinction has been made in this Act between the juvenile
offender and the neglected child. It also aims to offer a child
increased access to justice by establishing Juvenile Justice
Boards and Child Welfare Committees. The Act has laid
special emphasis on rehabilitation and social integration of
the children and has provided for institutional and non-
institutional measures for care and protection of children. The
non-institutional alternatives include adoption, foster care,
sponsorship, and after care.
The infant Milk The infant Milk Substitues, Feeding Bottles and Infant Foods
Substitues, (Regulation of Production, Supply & Distribution) Act, 1992 is
Feeding Bottles an Act to provide for the regulation of production, supply and
and Infant Foods distribution of infant milk substitutes, feeding bottles and
Act, 1992. infant foods with a view to abate protection and promotion of
breast feeding and ensuring the proper use of infant foods
and for matters connected therewith or incidental thereto.
The Commission An Act to provide for the constitution of a National
for Protection of Commission and State Commission for protection of child
Child Rights, 2005 Rights and children’s courts for providing speedy trial of

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 offence against children or of violation of child rights and for
matters connected there with. Examine and review the legal
safeguards provided by or under any law for the protection of
child rights and recommend measures for their effective
implementation. Prepare and present annual and periodic
reports upon the working of these safeguards. Inquire into
violations of child rights and recommend initiation of
proceedings where necessary. Undertake periodic review of
policies, program and other activities related to child rights in
reference to the treaties and other international instruments.
The Indian Penal Foeticide (Sections 315 and 316); Infanticide (Section 315);
Code refers to: Abetment of Suicide: abetment to commit suicide of Minor
(Section 305); Exposure and abandonment: Crime against
children by parents or others to expose or to leave them with
the intention of abandonment (Section 317). Kidnapping for
extortion (Section 360); Kidnapping from lawful guardianship
(section 361); Kidnapping for ransom (Section 363 read with
Section 384); Kidnapping for camel racing, etc. (Section
363); Kidnapping for begging (Section 363-A); Kidnapping to
compel for marriage (section 366); Kidnapping for slavery,
etc. (Section 367); Kidnapping for stealing from its person
under10 years of age only (Section 369). Procurement of
minor girls by inducement or by force to seduce or have illicit
intercourse (Section 366-A); Selling of girls for prostitution
(Section 372); Buying of girls for prostitution (Section 373);
Rape (Section 376); Unnatural Sex (Section 377) Vital area
of Human Capital Development

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