REVIEW OF LITERATURE

“RIGHTS OF THE GIRL CHILD IN INDIA: STRUGGLE FOR

EXISTENCE AND WELL-BEING”

COURSE: BLJ2.2 INDIAN LEGAL AND CONSTITUTIONAL HISTORY

Submitted By -Anshita
UID NO.: UGJ23-47

Submitted To-
Dr. Nitu Kumari
(Assistant Professor of History)

April 2024
MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR
RIGHTS OF THE GIRL CHILD IN INDIA: STRUGGLE FOR EXISTENCE
AND WELL-BEING
(Published by Vivek Mehra for SAGE Publications India Pvt. Ltd.)

 ABOUT THE AUTHOR

Nitu Kumari is an Assistant Professor at Maharashtra National Law University. She teaches legal history
and international law. She completed her MPhil in International Organization from the Centre for
International Politics, Organization and Disarmament (CIPOD), School of International Studies (SIS),
Jawaharlal Nehru University (JNU), New Delhi. She is currently doing her doctoral research from Human
Rights Studies Programme, SIS, JNU, New Delhi. She was also a junior research fellow (JRF) of UGC.
She has published many articles and books on gender justice, child rights, human rights issues,
international politics, inter- national organizations, legal history and contemporary legal discourse. She is
also working as an editor of the MNLU, Nagpur Contemporary Law Review journal. She has also
presented many research papers at national and international conferences. She organizes and participates
in many conferences. She had worked with the NGO Sampark for unnoticed child literacy. Prof. Kumari
participated as a keynote speaker in National Seminar on 'Sindh: A Cultural Legacy' sponsored by the
Ministry of Human Resource Development (MHRD), Government of India. Recently, she was awarded
with Best Paper Award for the paper titled 'Forced Marriage: Violation of Gender Rights' in the Jamia
Teachers' Association Multidisciplinary International Conference 2020, Jamia Millia Islamia, New Delhi.

 INTRODUCTION
"The Rights of the Girl Child in India" exemplifies a literary work that goes beyond mere words on a
page to present a tangible reality rather than fiction. This comprehensive piece explores the legal and
conceptual aspects of the Girl Child, tackling the numerous challenges associated with this identity at
both individual and collective levels. It embraces a multidimensional perspective, exploring the topic
from historical, social, political, cultural, traditional, and psychological viewpoints. Rather than purely
academic, the text provides a practical exploration of issues prevalent at the ground level concerning the
safety, health, and education of the average girl child, not only in India bhutan international level .
Additionally, it highlights the compounded disadvantages faced by this vulnerable group due to their
marginalized status based on gender and age as girl child suffers the most. The publication offers a
holistic perspective on the "existence, struggles, and well-being of women in general and the girl child in
particular," emphasizing the importance of grassroots interventions in addressing a universal issue with
local relevance. It meticulously examines the problems, their roots, underlying factors, and associated
complexities, while also discussing current solutions and potential future approaches. Through this
analysis, it presents a critical assessment of the national landscape regarding the rights and protection of
this demographic, pointing out the deficiencies in India's initiatives towards gender equality and
empowerment. It is worth noting the author's profound intellectual prowess, as demonstrated by the
thorough exploration of essential aspects and the practical evaluation of the modern social environment.
The text stresses the urgent need for collaborative endeavors across different sectors, highlighting that
effecting change is a joint responsibility that requires unified efforts from all involved parties.

 Chapter 1:
The first chapter provides a comprehensive overview of the historical evolution of childhood rights,
tracing significant milestones from the Geneva Declaration in 1924 to the United Nations Convention on
the Rights of the Child (UNCRC) in 1989. It delineates the progression from a focus on children's welfare
to the recognition of children as separate rights holders, deserving of distinct rights and protections.
Key events such as the 1959 UN initiative emphasizing children's rights and involvement in decision-
making, the adoption of UNCRC in 1989 with Article 12 granting children the right to express their
views, and subsequent summits like the 1990 UNICEF Summit in New York and the European
Convention on the Exercise of Child Rights are highlighted. The chapter explores debates surrounding the
definition of childhood, particularly the age delineation, with discussions by organizations like the
International Labour Organization (ILO) setting standards and regulations for child labor. It also touches
upon legislative measures such as the Child Labour (Prohibition and Regulation) Act of 1986 in India.
Moreover, chapter deals with the challenges faced by children globally, including but not limited to
poverty, malnutrition, exploitation, and trafficking. It draws attention to health complexities affecting a
significant portion of the world's children, emphasizing the importance of addressing social objectives
like healthcare, as outlined in Article 5 of the Universal Declaration of Human Rights (UDHR).
Overall, Chapter 1 serves as a comprehensive foundation, setting the stage for a deeper exploration of the
complexities and nuances of childhood rights, as well as the persistent challenges that continue to impede
the realization of these rights worldwide. It effectively integrates historical context with contemporary
issues, providing a holistic understanding of the subject matter.

 Chapter 2:
The second chapter of the book delves into the multifaceted issues surrounding the status of the girl child,
shedding light on the vulnerabilities she faces compared to boys. One of the central themes explored is
the absence of a formal international definition or recognition of the term "girl child" until the Beijing
Declaration of 1999, indicating a historical oversight in addressing the specific challenges faced by girls.
The chapter meticulously examines a spectrum of challenges confronting the girl child globally. It
traverses through sensitive topics such as pornography, sexual violence, and the dire circumstances faced
by girls in various parts of the world. From the rampant exploitation and prostitution in Thailand to the
prevalence of honor killings in the Middle East, the narrative uncovers the harsh realities that shape the
lives of countless girls. Furthermore, the chapter elucidates on the pervasive societal structures that
perpetuate the inferior position of girls, subjecting them to abuse, trauma, and discrimination. It
emphasizes the adverse implications of such gender disparities on the overall development, health, and
education of girls, accentuating how patriarchal norms undermine their access to quality education and
contribute to alarming rates of dropouts and child marriages.
Moreover, the chapter extends its discourse beyond national boundaries, emphasizing that the issue of
child rights transcends individual nations and necessitates international attention. It highlights key
initiatives such as the establishment of ECOSOC and the Commission on the Status of Women (CSW),
underscoring the importance of monitoring and periodic reviews to ensure the fulfillment of girls' rights.
Notably, the chapter draws attention to regional efforts, such as SAARC's designation of the 1990s as the
decade for the girl child, indicating a collective commitment to addressing the challenges faced by girls
across South Asia.
Overall, Chapter 2 offers a comprehensive exploration of the status of the girl child, meticulously
dissecting the multifaceted issues she confronts globally. Through its detailed analysis and compelling
narratives, the chapter underscores the urgent need for concerted action at both national and international
levels to safeguard the rights and well-being of girls worldwide, as enshrined in Article 2 of the Universal
Declaration of Human Rights.

 Chapter 3:
The status of the girl child has been a subject of extensive scholarly inquiry, reflecting the pervasive
challenges and systemic inequalities embedded within societies across the globe. Chapter 3 of the book
under review delves into this intricate terrain, offering a comprehensive exploration of historical, social,
economic, and cultural factors that shape the experiences of girls. Drawing from a rich tapestry of
literature spanning disciplines such as sociology, gender studies, anthropology, and human rights, this
literature review synthesizes key insights and themes elucidated in the chapter. Historically, the treatment
of girls has been marked by deep-seated patriarchal norms and discriminatory practices. The chapter aptly
situates this within the context of India, tracing historical evidence from the Harappan civilization to the
modern era. Through terracotta figurines and ancient texts like the Rig Veda, the portrayal of girls as
symbols of war victory or temporary members of families underscores the entrenched gender biases
prevalent in ancient societies. Moreover, the chapter provides a nuanced analysis of the impact of
colonialism on educational policies, highlighting the neglect of girls' education in early educational
reforms.
Central to the discussion is the traditional perception of girls as liabilities, perpetuated by practices such
as dowry systems and gender-based violence. The chapter adeptly navigates through legal frameworks
such as the Universal Declaration of Human Rights (UDHR) and the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) to underscore the violation of girls' rights to life,
liberty, and education. Furthermore, the narrative unveils the intersectional dynamics of gender inequality,
revealing how social, economic, and religious factors intersect to perpetuate girls' marginalization.
Education emerges as a critical battleground in the struggle for girls' rights, as highlighted by
international initiatives and empirical research. The chapter meticulously examines disparities in access to
education, dropout rates, and the prevalence of child marriage as impediments to girls' educational
attainment. By weaving together statistical data and case studies, the chapter underscores the urgent need
for comprehensive strategies to dismantle barriers to girls' education and empower them to fulfill their
potential.
In conclusion, Chapter 3 provides a compelling synthesis of scholarly insights and empirical evidence to
illuminate the multifaceted nature of the challenges faced by the girl child. Through its interdisciplinary
approach and engagement with global frameworks, the chapter offers valuable perspectives for
policymakers, activists, and scholars alike, urging concerted efforts to advance gender equality and secure
the rights of girls worldwide.

 Chapter 4:
Chapter 4 delves into the comprehensive evaluation of initiatives orchestrated by both the Indian
government and international entities, such as UNICEF and WHO, aimed at advancing the rights and
well-being of the girl child in India. The chapter critically assesses initiatives spanning health, education,
protection from abuse and exploitation, and the eradication of harmful practices.
The Indian government has spearheaded various health initiatives, notably the Expanded Program on
Immunization (EPI) and the Integrated Management of Neonatal and Childhood Illnesses (IMNCI). These
programs have played a pivotal role in reducing childhood mortality rates and ensuring equitable
healthcare access for girls. Collaboration with global entities has further bolstered efforts through capacity
building and vaccination campaigns, highlighting a concerted effort to address gender disparities in
healthcare provision.
In the realm of education empowerment, initiatives such as Sarva Shiksha Abhiyan (SSA), the Mid-day
Meal Scheme, and Kasturba Gandhi Balika Vidyalaya (KGBV) have aimed to boost school enrollment
and retention rates among girls, particularly those from marginalized backgrounds. Education not only
imparts knowledge and skills but also fosters socio-economic empowerment among girls, laying the
foundation for a more equitable society.
Efforts to protect girls from abuse and exploitation have seen collaboration between the Indian
government and international agencies, resulting in legislative frameworks like the Protection of Children
from Sexual Offenses (POCSO) Act and the Prohibition of Child Marriage Act. Additionally, schemes
like Ujjawala focus on rescuing and rehabilitating trafficked girls, while awareness campaigns strive to
shift societal attitudes perpetuating gender-based violence.
Despite commendable progress, challenges persist, including insufficient data on issues like child
trafficking and marriage, infrastructural limitations, and resistance to entrenched social norms. Addressing
these challenges necessitates a holistic approach, encompassing collaboration between government
agencies, civil society organizations, religious leaders, and communities. Prioritizing data collection
mechanisms, expanding access to education and healthcare, and fostering gender-sensitive policies are
essential to ensure comprehensive development and empowerment of the girl child in India.
In conclusion, sustained action and collective endeavor are imperative to dismantle deep-rooted gender
disparities. Through continued collaboration and advocacy, a future can be envisioned wherein every girl
in India realizes her full potential and enjoys her rights devoid of discrimination. The initiatives
undertaken by the Indian government, supported by international entities, underscore a shared
commitment to advancing the rights and well-being of the girl child, paving the way for a more inclusive
and equitable society.

 Chapter 5:
Chapter 5 addresses the critical issue of cultural relativism versus universal rights, shedding light on the
often overlooked plight of girls' rights and the challenges encountered in translating laws into actionable
measures. It provides a structured analysis of pressing concerns such as female foeticide and infanticide,
despite their criminalization under various legal frameworks like Article 21 of the Indian Constitution.
The chapter underscores the influence of socio-cultural and religious beliefs, which often obstruct the
effective enforcement of protective measures.
Furthermore, it delves into multiple facets of girls' lives, including their right to marry and establish
families, while also condemning harmful traditions such as forced marriages. Notably, the chapter doesn't
solely focus on contemporary issues but also highlights persistent historical injustices that persist into the
present day. For instance, it references the case of Banwari Devi to illustrate the life-threatening risks
many girls face due to societal norms and systemic failures.
Moreover, the chapter confronts the glaring reality that many international human rights standards lack
universal enforcement mechanisms, contributing to the prevalence of rights violations in various regions.
It meticulously substantiates its arguments, citing challenges in immunization programs outlined by
UNESCO and the inadequate implementation of grassroots initiatives. Importantly, it unflinchingly
critiques the legal silence surrounding certain issues, such as caste discrimination, while also proposing
pragmatic solutions. Suggestions include fostering effective collaboration among different tiers of
government and implementing more robust monitoring mechanisms to ensure accountability.
In essence, the chapter serves as a powerful indictment of the systemic barriers that impede the realization
of girls' rights, offering both a critique of existing shortcomings and a roadmap for meaningful reform.

 ANALYSIS:
This book is a crucial read for policymakers, social workers, educators, and anyone invested in the
welfare and development of the girl child. By shedding light on the historical neglect and ongoing
challenges faced by girls, it serves as a wake-up call to the urgent need for action. Through its detailed
examination of the various dimensions of girls' well-being, including nutrition, education, health, and
psychosocial support, it provides a comprehensive understanding of the issues at hand. Moreover, by
delving into the obstacles encountered by both governmental and non-governmental organizations in
implementing effective initiatives, the book offers valuable insights into the complexities of policy
implementation. It underscores the significance of addressing discriminatory social norms that hinder
progress and emphasizes the importance of bridging the gap between theory and practice in governmental
programs and policies. In its conclusion, the book not only presents policy recommendations but also
outlines a roadmap for the future, highlighting actionable steps to improve the lives of girls in India. By
synthesizing research, analysis, and practical recommendations, this book equips readers with the
knowledge and tools necessary to advocate for meaningful change and promote the well-being of girls
across the country.

 CONCLUSION:
In conclusion, "The Rights of the Girl Child in India: Struggle for Existence and Well-Being" presents a
profound exploration of the challenges and complexities surrounding the rights and well-being of girls in
India. Through its meticulously crafted chapters, the book navigates through historical, social, cultural,
and legal landscapes, providing a comprehensive understanding of the multifaceted issues faced by the
girl child.
The author, Nitu Kumari, demonstrates exceptional insight and dedication in her examination of the
subject matter. Her extensive research and expertise as an Assistant Professor at Maharashtra National
Law University (MNLU) in Nagpur shine through the pages, offering readers a nuanced perspective on
the struggles and aspirations of girls in India. Kumari's commitment to advancing gender equality and
advocating for the rights of the girl child is evident throughout the book, making it a crucial resource for
policymakers, activists, scholars, and anyone invested in fostering a more equitable society.
Each chapter of the book builds upon the other, forming a cohesive narrative that addresses various
dimensions of the issue. From the historical evolution of childhood rights to the contemporary challenges
faced by girls globally, Kumari adeptly weaves together empirical evidence, scholarly insights, and real-
life narratives to shed light on the plight of the girl child.
The book not only highlights the obstacles and injustices faced by girls but also offers pragmatic solutions
and policy recommendations to address these issues. Through an interdisciplinary approach, Kumari
underscores the importance of collaborative efforts across different sectors to effect meaningful change.
From healthcare initiatives to educational empowerment programs, the book showcases the importance of
holistic strategies in safeguarding the rights and well-being of girls.
Moreover, the book confronts the complex interplay between cultural relativism and universal human
rights, challenging readers to critically examine societal norms and practices that perpetuate
discrimination and injustice. By advocating for a rights-based approach that transcends cultural
boundaries, Kumari calls for collective action to uphold the dignity and rights of every girl, regardless of
her background or circumstances.
In essence, "The Rights of the Girl Child in India" serves as a clarion call for action, urging stakeholders
at all levels to prioritize the rights and well-being of girls. It is a testament to the resilience, strength, and
potential of girls everywhere, reminding us that their empowerment is not just a moral imperative but a
fundamental human right. As we navigate the complexities of the 21st century, let us heed the lessons
imparted by Kumari's work and work towards a future where every girl can thrive and fulfill her dreams.

 RECOMMENDATIONS:

"The Rights of the Girl Child in India" commendably endeavors to address the welfare of girls through a
gender lens. However, despite its comprehensive analysis of various aspects concerning the well-being of
girls, critical areas remain where it could broaden its scope. This critique aims to underscore the necessity
for a more intersectional approach, incorporating factors like caste, class, ethnicity, and disability. Such
considerations would offer a more nuanced understanding of the challenges faced by girls from
marginalized communities. By incorporating these dimensions, the book could devise more targeted
interventions to address their specific needs. Furthermore, the book should delve deeper into the
psychological well-being of girls. Mental health issues such as depression, anxiety, and trauma
disproportionately affect girls, yet they are often overlooked in discussions on gender rights. Addressing
mental health needs is crucial for empowering girls and ensuring their overall well-being.
In addition to an intersectional approach and attention to mental health, the book could benefit from a
more extensive discussion on inclusive education policies and practices. Access to quality education is
fundamental, yet many girls, particularly from marginalized backgrounds, face barriers. By examining
inclusive education policies and highlighting best practices, the book can contribute to a more equitable
educational system. Moreover, the issue of online gender-based violence deserves greater attention. With
the increasing use of digital technologies, girls are vulnerable to various forms of online abuse.
Introducing legislation that specifically addresses these issues and holds perpetrators accountable is
imperative to ensure the safety and well-being of girls online.
Furthermore, the book should address sexual and reproductive health rights. Comprehensive sexuality
education and access to reproductive health services are essential for girls to make informed decisions
about their bodies and futures. By advocating for sexual and reproductive health rights, the book can
empower girls to assert control over their reproductive health and lead healthy lives. Lastly, the proposal
to increase the age of marriage for women from 18 to 21 is a contentious issue that warrants debate.
While proponents argue that raising the legal age of marriage can protect girls from early marriage and its
adverse consequences, critics raise concerns about potential infringement on individual autonomy and
cultural practices. A balanced discussion on this topic is necessary to weigh the benefits and drawbacks of
such a policy change.
In conclusion, while "The Rights of the Girl Child in India" offers valuable insights into gender rights
issues, it could enhance its effectiveness by adopting a more intersectional approach, addressing
psychological well-being, advocating for inclusive education policies, combating online gender-based
violence, promoting sexual and reproductive health rights, and engaging in critical debates on policy
proposals. By broadening its scope and incorporating these aspects, the book can contribute to a more
comprehensive understanding of the challenges faced by girls in India and pave the way for more
effective interventions to advance their rights and well-being.