Orphan and Destitute Children Their Righ

IRJMST Vol 7 Issue 4 [Year 2016] ISSN 2250 – 1959 (0nline) 2348 – 9367 (Print)
Orphan and Destitute Children: Their Rights and Government Intervention in

India
Jyoti Ahuja
Assistant Professor
Department of Sociology,
Post Graduate Govt. College for Girls, Sec-42,
Chandigarh.
ABSTRACT
While children‟s rights are human rights, the need to focus on the child and the rights of the child
specially, and more specifically, has been recognised the world over. In today‟s circumstances,
growing violence against children, lack of spaces and platforms for children to seek justice,
inadequate infrastructure to cater to their needs, the whole perception of children as extensions of
parents and their treatment as parent‟s property are some of the critical child protection issues that
call for utmost and immediate attention. The Constitution of India recognises the vulnerable position
of children and their right to protection. Therefore, following the doctrine of protective
discrimination, it guarantees in Article 15 special attention to children through necessary and special
laws and policies that safeguard their rights. The right to equality, protection of life and personal
liberty and the right against exploitation enshrined in Articles 14, 15, 16, 17, 21, 23 and 24 further
reiterate India‟s commitment to the protection, safety, security and well-being of all its people,
including children. The Chapter on Directive Principles of State Policy in the Constitution of India
enjoins that the State shall, in particular, direct its policy towards securing: that the health and
strength of workers, men and women, and the tender age of children are not abused and the citizens
are not forced by economic necessity to enter avocations unsuited to their age or strength; that
children are given opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and childhood and youth are protected against exploitation and against moral
and material abandonment; that the State shall endeavour to provide early childhood care and
education to all children until they complete the age of six years.
Preamble
The children constitute the most vulnerable section of society in India. The socio-economic
conditions are mainly responsible for the violation of child rights in different forms. The practice of
child protection has undergone a significant change when seen from a historical perspective in India.
The Indian Constitution accords the rights to children as citizens of the country. The Constitution
encompasses most of the rights of the children included in the UN Convention on the Rights of the
Child under the headings of Fundamental Rights and Directive Principles of State Policy. India has
made significant commitments towards ensuring the basic rights of the children
CONCEPTUAL FRAMEWORK
Who is a Child: Age of the child - a dilemma in India
In India, there is no clear consensus on the definition of a „child‟. Legal enactments invoke
differential age-specific categorization which leads to a predicament where the same human being
may be considered „a child‟ or „not a child‟. Every Act pertaining to the child differs in its content of
defining of a child. A few illustrations from the legal perspective in India are given below:
 According to the Census of India: A child is a person below the age of 14.
International Research Journal of Management Science & Technology

http://www.irjmst.com Page 125
 According to the Constitution (Article 23): No child below the age of 14 years shall be
employed to work in any factory or mine or engaged in any other hazardous employment.
The Constitution has, in several provisions, including clause (3) of Article 15, Article 21,
Article 21A, clauses (1) and (2) of Article 22, Articles 23 and 24, clauses (e) and (f) of
Article 39, Article 39 A, Articles 45, 47 and 51 A (k), impose on the State a primary
responsibility of ensuring that all the needs of children are met and that their basic rights are
fully protected.
 According to the Juvenile Justice Act ( 2000) : A juvenile boy is one who has not attained
the age of sixteen years and a juvenile girl is one who has not attained the age of eighteen
years. The Juvenile Justice (Care and Protection of Children) Act, 2000 as amended by the
Juvenile Justice (Care and Protection of Children) Amendment Act 2006, was enacted to
consolidate and amend the law relating to juveniles in conflict with law and children in need
of care and protection, by providing for proper care, protection and treatment by catering to
their developmental needs, and by adopting a child friendly approach in the adjudication and
disposition of matters in the best interest of children and for their ultimate rehabilitation and
for matters connected therewith or incidental thereto, through institutional as well as non-
institutional measures.
 According to the Women and Children‟s Institutions (licensing) Act 1956: A child is a boy
or girl who has not attained eighteen years of age.
 According to the Child Labour (Prohibition and Regulation) Act 1986: A person who has
not completed 14 years of age is a child.
 According to the Family Law: Child means a person who is a male and has not reached 21
years of age, and, if a female, has not reached 18 years of age.
 According to the Labour Law: A person is qualified to be engaged as an apprentice only if
he is not less than 14 years of age, and satisfies such standard of education and physical
fitness as may be prescribed.
 According to the Factories Act, 1948: A child below 14 years of age is not allowed to work
in any factory.
 According to the Indian Contract Act: A person below the age of 18 years has no capacity to
contract.
 Law on right to education: The 93rd Amendment makes education a fundamental right for
all children in the age group 6-14 years
The Government of India is, therefore, reviewing the legislations and is considering adopting the
definition of the child set out for in Article 1 of the UN Convention on the Rights of the Child
(UNCRC): “a child means every human being below the age of eighteen years unless under the law
applicable to the child maturity is attained earlier”. This will be the operational definition for the
present study.
The National Government amended the country‟s 1986 Juvenile Justice Act (JJA) to conform to
CRC. As a result, the legal definition of child as a boy below the age of 14 years and a girl below the
age of 16, has been amended to include any child below the age of 18 (Nath, 2008).
THE ORPHANED CHILD

The birth of a child brings with it the “taken for granted” world view of a family of which he/ she
becomes a member. However there are numerous situations which alter this “taken for granted”
world and place the child in different, often difficult social situations. These “altered world view”
and the social condition in which child is placed is the centre point of present research.
According to Khandekar (1977) “an Orphan, is a child who has lost his natural parents and who has
no immediate relatives or guardians to support him. He becomes a homeless, neglected and

dependent child for no fault of his own. One may come across complete Orphans who have neither
father nor mothers; “Paternal Orphans” are those children who have no father; and “maternal
Orphans” are those who have no mothers.
However, the concept of Orphan varies from one community to another. According to Muslim Law,
“An Orphan is an infant child who has not attained puberty and has no father living, although the
mother or grandfather may be alive” (Khandekar, 1977).
THE DESTITUTE CHILD

Although there is increasing awareness of the fact that home is the best and right place for the child
to grow and develop in, but, at times, the home becomes functionally incapable to cater to the
developmental needs of children due to unavoidable circumstances- parents may be in continued
financial strain; broken families; relatives may be unable to take care of children; children suffering
from severe disabilities and where adequate housing conditions cannot be maintained that childhood
is poisoned at its very source. The altered world in which child the child is located at times may be
dysfunctional and provide a considerable environment for growth and development of child. (Paul
1979)
The child is considered „Destitute‟ according to the Bombay Children‟s Act (1948) on the following
grounds:
1. One who is homeless and is found wandering and begging without any means of subsistence
and place of abode.
2. One who is illegitimate with no one to care for.
3. One who is extremely in want of the necessities of life. The major circumstances leading to
such a condition would include homeless or parentless situations or inability of parents to
provide proper care and support to the children.
Destitute and Orphaned children are often helpless or neglected due to one reason or another and are
in extreme need of care and protection.
As a consequence, a number of Orphaned, Destitute, Disabled and Emotionally disturbed children
may be left uncared for and unprotected unless they are given timely care and protection through any
form of substitute care. Adoption, foster care and residential group care are the three commonly
stressed substitute interventions for children deprived of their family. Among them, adoption and
foster care (non-institutional services) are recommended as the ideal types of substitute care for
Orphaned and Destitute children, as they provide a family-like atmosphere to the children. However,
these services do not seem to be flourishing in a developing country like India due to various socio-
economic liabilities and cultural practices. Given the socio-economic constraints of a developing
country, residential care has remained one of the easiest and practical modes of care for children
(Paul 1979).

The concern for children has also been expressed in various International Conventions. The
International Recognition of Child Rights goes back to the beginning of the twentieth century. Initial
major references to agreements on Child Rights are the Declaration of the Rights of Child and were
first adopted by an independent child welfare organization called International Save the Children
Union in 1923. With regard to vulnerable children, a point in the declaration states: “the child that is
hungry must be fed, the child that is sick must be nursed, the child that is backward must be helped,
the delinquent child must be reclaimed, and the Orphan and waif must be sheltered”.
Child Care in India
Several major policies and legislations have been announced and implemented in India so far to
ensure children protection and improvement in their status including Guardianship and Ward Act
1890, Factories Act 1954, Hindu Adoption and Maintenance Act 1956, Probation of Offenders Act,
1958, Bombay Prevention of Begging Act 1959, Orphanages and other Charitable Home
(Supervision and Control Act) 1960, Bonded Labour System Abolition Act 1976, Child Marriage
Restraint Act 1979, Immoral Traffic Prevention Act 1986, Child Labour Prohibition and Regulation
Act 1986, Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994, Juvenile
Justice (Care and Protection of Children) Act 2000, National Policy on Education 1986, National
Policy on Child Labour 1987, National Charter for Children 2004, National Plan of Action for
Children 2005.
Constitutional Provisions
There are several constitutional provisions for children. These include the followi
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.
Article 15(3) provides that, “Nothing in this article shall prevent the State for making any special
provision for women and children.
Article 21 provides that no person shall be deprived of his life or personal liberty except according
to procedure established by law.

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.
Article 23 prohibits trafficking of human beings and forced labour.
Article 24 prohibits employment of children below the age of fourteen years in factories, mines or
any other hazardous occupation.
Article 25-28 provides freedom of conscience, and free profession, practice and propagation of
religion.
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 avocations 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.
Article 45 envisages that the State shall endeavor to provide early childhood care and education for
all children until they complete the age of six years.
POLICIES
The Children Act 1960
The Children Act 1960 was the first major Act in India dealing with Orphan and Destitute children,
initially passed for Union territories, defined Orphan and Destitute children as „neglected‟ children.
National Policy on Children
The National Policy on Children was formed in 1974. The main aspects of policy were:
 To ensure equality of opportunity, special assistance shall be provided to all children
belonging to weaker sections of society, such as children belonging to the Scheduled Castes
and Scheduled Tribes and those belonging to economically weaker sections, both in urban
and rural areas.
 Children who are socially handicapped, who have become delinquent or have been forced to
take to begging or are otherwise in distress, shall be provided facilities of education, training
and rehabilitation and will be helped to become useful citizens.
 Children shall be protected against neglect, cruelty and exploitation. The policy directed the
Government to give priority to programmes relating to maintenance, education and training
of Orphan and Destitute children.
The National Policy for Children is presently being redrafted by the Government in partnership with
all stake holders.
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 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.
India acceded to the UN Convention on the Rights of the Child on 11th Dec., 1992 to reiterate its
commitment to the cause of children. The objective of the Convention is to give every child the right
to survival and development in a healthy and congenial environment.

India is also party to the Millennium Development Goals and the SAARC Conventions on Child
Welfare and Combating Trafficking of Women and Children in SAARC Region.
National Plan of Action for Children 2005
The National Plan of Action for Children, 2005 recognizes the UN Convention on rights of Child
(UNCRC) shall be the guiding instrument for implementing all rights for all children up to age of 18
years. It advocates that the rights of the child as articulated in the Constitution of India and UNCRC
should work in synchrony to ensure all rights to all children. The National Plan of Action for
Children, 2005 mandates the Government of India to ensure all measures and an enabling
environment for survival growth, development and protection of all Children so that each child can
realize his or her inherent potential and grow up to be a healthy , productive citizen and live a life of
dignity. The National Plan of Action includes goals, objectives, strategies and activities for
improving nutritional status of children, reducing IMR and MMR, increasing enrolment ratio and
reducing dropout rates, universalization of primary education, increasing coverage for immunization
etc. The Prime Minister‟s Office is quarterly monitoring the National Plan of Action for Children
2005 on the basis of eight parameters. These are as under:
1. Reduce IMR to below 30 per 1000 live births by 2010.
2. reduce Child Mortality Rate to below 31 per 1000 live births by 2010.
3. to reduce Maternal Mortality Rate to below 100 per 100,000 live births by 2010.
4. universal equitable access and use of safe drinking water and improved access to sanitary
means of excreta disposal by 2010.
5. 100% rural population to have access to basic sanitation by 2012.
6. to eliminate child marriages by 2010
7. to eliminate disability due to poliomyelitis by 2007
8. to 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 women have access to ante natal care, and 95 per
cent of men and women aged 15-24 have access to care, counseling and other HIV and prevention
services.
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:
Integrated Child Development Services (ICDS) Scheme: ICDS is an umbrella scheme which
includes:
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.
Nutrition Component of Prime Minister Gramodya Yojana and 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.
Proposed Integrated Programme for Child Services. As per the 2001 Census, there were 427
million children in the country. There are millions of children living in the difficult circumstances.
The child protection programme in India is shared between various Ministries, which have been

implementing the schemes and programmes to reach out to varied groups of vulnerable children with
complex and diverse needs. The important schemes and programmes for such children
include Programme for Juvenile Justice, Integrated Programme for Street Children, Shishu Grih
Scheme, Scheme for Working Children in Need of Care and Protection, General Grant-in-Aid
Scheme, CHILDLINE Service, Rajiv Gandhi National crèche scheme for the children of working
mothers, Pilot Project to Combat the Trafficking of women and Children for Commercial Sexual
Exploitation in Destination Areas, etc. However, experiences with the implementation of existing
programmes and polices has brought out a large number of shortcomings in the system.
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.
To ensure overall development of children who are in need of care and protection as well as children
in conflict with the law, the Ministry of Women and Child Development launched a scheme in
August 2009 called the Integrated Child Protection Scheme (IPCS). The Umbrella Scheme provides
various kinds of support including Emergency Outreach Services, Shelter, Foster-care, Special
Homes and Website for Missing Children and other innovative interventions. Children especially
Orphan and Destitute children, children of beggars and sex workers, children living in slums and
other difficult circumstances are likely to benefit from this.
Integrated Child Protection Scheme (ICPS)
The ICPS is an umbrella scheme under which schemes for protection of children have been
formulated. All the state governments have signed an MOU with the Government of India whereby
all Orphanages, Children‟s Homes which pertain to children and their well being have to be
registered under JJ Act, 2000.
An Integrated Programme for Street Children is being implemented by the Ministry of Women and
Child Development specifically for those children who are on streets and homeless and include the
ragpicking and vagabond children. The Scheme aims at providing full and wholesome development
of children without homes and family ties. The children without homes and family ties and children
especially vulnerable to abuse and exploitation such as children of sex workers and children of
pavement dwellers are the target group for this Programme. Financial assistance is provided to the
NGOs who are eligible and working for the welfare of the street children, for Formal & Non-formal
Education, Shelter Home, Vocational Training to Children, Nutrition, health care, sanitation and
hygiene, safe drinking water, education and recreational facilities and protection against abuse and
exploitation.
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.

· Expansion of non-institutional services such as sponsorship, foster care, probation etc

as and an alternate to institutional care.
Juvenile Justice System in India
The Juvenile Justice (Care and Protection of Children) Act 2000 is a comprehensive legislation to
provide justice and opportunities to children for their growth and development. The Act is based
upon provisions of the Indian Constitution and four broad principles of UN Convention on the Rights
of Child. The Act lays down the primary law for not only the care and protection of children in need
of care but also for the adjudication and disposition of matters relating to children in conflict with
law. It also prescribes a uniform age of 18 years, below which, both boys and girls are to be treated
as children. The act has laid special emphasis on rehabilitation and social integration of the children
and has provided for alternative care arrangements like adoption, foster care, sponsorships and after
care.
Childline India Foundation (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.
Child-line provides emergency assistance and outreach services to a child in distress and
subsequently, based upon the child‟s need, rescues the child and refers him to an appropriate
organization for long term rehabilitation, follow up and care.
Child Help-line International is a global network of child help-lines with 89 members in 77
countries. Telephone outreach services can link children to immediate rescue and safety; can provide
solutions at the end of a phone and where necessary back up the voice of young people with direct
interventions and advocacy. Help-lines provide a single, easily accessible window for a child in
distress to reach out to what the govt and law guarantees them- safety, protection, health care,
education and justice. The help-line provides a child-friendly interface, which the child can relate to.
On the back end it links up to the allied systems, NGOs and the Government. Thus facilitating child
care/protection resources and organisations to reach the child at the time when the child needs it
most.
Child help-lines around the world have been coming together both regionally and internationally
since 1996, when they met for the first time in Venice, Italy. At the international consultation
in 2001 in Pune, India, the need for a helpline 'helpdesk' was discussed. This helpdesk was to provide
support for existing help-lines, but also to provide support to countries, especially economically
developing countries, interested in initiating help-lines in order to reach out to children with few or
nonexistent child care services.
It is the only service of its kind (Government of India – Civil Society partnership) operating in 74
cities and towns in India, offering a bouquet of Comprehensive child protection services through its
referral network over 3,000 civil society organizations, academic institutions, state Governments,
corporations, youth and children. It aims to extend its services to every district in the nation by 2020.
RECENT INITIATIVES
The Commissions for Protection of the Child Rights Act 2005: The Government has recently
notified the Commissions for Protection of Child Rights Act 2005 in the Gazette of India on
20th Jan., 2006 as Act No.4 of 2006. The Act envisages setting up a National Commission at the
National level and the State Commissions at the State level. The proposed Commission would be
set up for proper enforcement of children‟s rights and effective implementation of laws and
programmes relating to children. The National Commission for Protection of Child Rights will

be a statutory body to be set up under the Commissions for Protection of Child Rights Act. The
proposed Commission will have a Chairperson and six other Members, including two women
members, a Member Secretary and other supporting staff. The Chairperson would be a person of
eminence in the field of child development. The members would be the experts in the field of
child health, education, child care and development, juvenile justice, children with disabilities,
elimination of child labour, child psychology or sociology and laws relating to children. The
officers and the staff of the Commission will be provided by the Central Government. The
proposed Commission would be set up for proper enforcement of children‟s rights and effective
implementation of laws and programmes relating to children.
The Functions of the Commissions are:
 Examine and review the safeguards provided by Constitution or any law for the
 Present to the Central Government, annually reports upon the working of those
protection of child rights and recommend measures for their effective implementation
 Examine all factors that inhibit the enjoyment of rights of most vulnerable children
safeguards.
 Study treaties and other international instruments and undertake periodical review of
and children in need of special care and protection
existing policies, programmes and other activities on child rights and make
 Undertake and promote research in the field of child rights

recommendation for their effective implementation in the best interest of children.
 Spread child rights literacy among various sections of the society and promote
 inspect any juvenile custodial home, or any other place of residence or institution
awareness
meant for children for the purpose of treatment, reformation or protection and take up
 inquire into complaints and take suo motu notice of matters relating to,-
with these authorities for remedial action
(i) deprivation of child‟s rights;

(ii) non-implementation of laws for protection and development of children;
(iii) non-compliance of policy decisions, guidelines or and to provide relief to such
children,
The Powers of the Commission include the following:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office; and
(e) issuing commissions for the examination of witnesses and documents.
(f) forwarding any case to a Magistrate having jurisdiction to try the same and the Magistrate
to whom any such case is forwarded shall proceed to hear the complaint against the
accused
(g) recommending to the concerned Government or authority the initiation of proceedings
for prosecution or such other action as deem fit against the concerned person/s
(h) approaching the Supreme Court or the High Court concerned for such directions, orders
or writs as that Court may deem necessary;
(i) recommending to the concerned Government or authority for the grant of such interim
relief to the victim or the members of his family as the Commission consider necessary.

State Commissions for Protection of Child Rights

· The Bill also provides that State Governments may constitute State Commissions for
Protection of Child Rights in their State and designate a State level and other district level
children‟s Court in their respective State.
· The Bill has similar provisions for State Commissions in respect of their constitution,
reporting, functions and powers.
With the alleviation of the status of Department of Women and Child Development to an
independent Ministry headed by the Minister of State having independent charge it was necessary to
change the above provision to make the Minister in charge of the Ministry or Department of Women
and Child Development as the Chairperson of the Selection Committee for the selection of the
Chairperson of the National Commission for Protection of Child Rights. Hence, the Commissions
for Protection of Child Rights(Amendment) Bill 2006 was prepared which has been passed by both
the Houses of Parliament in the Winter Session. The Commission will be set up once the above
Amendment Bill is assented to by the President which would enable the Ministry of Women and
Child Development to select the Chairperson and Members of the Commission for its constitution.
The initiatives are being taken for constitution of the National Commission for Protection of Child
Rights. The Rules for implementation of the provisions of the Act in respect for National
Commission for Protection of Child Rights have been notified on 31.7.2006. Ministry of Finance
have also approved certain number of posts for the National Commission. Initiatives have been
taken for appointment of Member Secretary and staff for the National Commission.
Offences Against Children (Prevention) Bill
Child abuse involves several aspects, such as, sexual exploitation, economic exploitation, domestic
violence, trafficking for prostitution, corporal punishment at school, and others. Therefore, the
Ministry felt a need to have a dialogue on the issue so as to ascertain the views from all quarters and
to formulate a consensus in order to address the issue more adequately and effectively. Accordingly
few consultations have been made with voluntary organizations and experts dealing with the subject.
It has been decided after consultation to constitute a small group consisting of representative from
Government, NGOs, legal experts and social workers which will go into all aspects of the subject
and after considering all existing legal provisions and others available on the subject and formulate a
draft legislation to address all issues pertaining to child abuse. After wide consultations a draft Bill
for Offences Against Children was prepared and circulated to the State Governments for their
comments and views. After obtaining the comments of concerned Ministries and Departments a draft
Cabinet Note has been referred to Law Ministry for their vetting. The proposal will be placed before
the Cabinet shortly.
References:
Abebe, Tatek. 2009. „Orphanhood, Poverty and the care Dilemma: Review of global Policy trends‟ special
issue: Orphan Care Volume 7, Norway.
Bajpai, Asha. 2003. Child Rights in India: Law, Policy and Practice. New Delhi: Oxford University Press.
Khandekar, M. 1977. „Residential Child Care: Some Concepts‟. Social Action Vol 28(3).
Nath, Nibedita. 2008. Growing up in Slums. New Delhi: Manak Publications Pvt. Ltd.
Paul, R.1979. The Child in India – Formal Programmes. Bombay: Somaiya Publications Pvt. Ltd.
Singh, Surendra. 2008. Towards Prevention of Child Abuse in India, Lucknow: New Royal Book Company.
Sharda, K. 1988. The Legal Economic and Social Status of the Indian Child. New Delhi: National Book
Organisation.
Tolfree, D. 1995. Roofs & Roots: The Care of Separated Children in the Developing World. Save the Children
Fund. Arena: Ashgate Publishing Ltd.


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IRJMST Vol 7 Issue 4 [Year 2016] ISSN 2250 – 1959 (0nline) 2348 – 9367 (Print)

Orphan and Destitute Children: Their Rights and Government Intervention in

International Research Journal of Management Science & Technology

THE ORPHANED CHILD

International Research Journal of Management Science & Technology

THE DESTITUTE CHILD

International Research Journal of Management Science & Technology

International Research Journal of Management Science & Technology

International Research Journal of Management Science & Technology

International Research Journal of Management Science & Technology

International Research Journal of Management Science & Technology

· Expansion of non-institutional services such as sponsorship, foster care, probation etc

International Research Journal of Management Science & Technology

The Functions of the Commissions are:

 Undertake and promote research in the field of child rights

(i) deprivation of child‟s rights;

International Research Journal of Management Science & Technology

State Commissions for Protection of Child Rights

International Research Journal of Management Science & Technology

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