WHO IS A ‘CHILD’?

‘child’ means every human being below the age of 18

years
Children’s rights are human rights!
Why do children need special attention?
 Children are more vulnerable than adults to the conditions under
which they live.
 Hence, they are more affected than any other age group by the
actions and inaction of governments and society.
 In most societies, including ours, views persist that children are
their parents’ property, or are adults in the making, or are not yet
ready to contribute to society.
 Children are not seen as people who have a mind of their own, a
view to express, the capacity to make a choice and an ability to
decide.
 Instead of being guided by adults, their life is decided by adults.
 Children have no votes or political influence and little economic
power. Too often, their voices are not heard.
 Children are particularly vulnerable to exploitation and abuse.
WHAT ARE CHILD RIGHTS?
 All people under the age of 18 are entitled to the standards and rights guaranteed by the laws
that govern our country and the international legal instruments we have accepted by ratifying
them.
The Indian Constitution
The Constitution of India guarantees all children certain rights, which have been specially
included for them. These include:
 Right to free and compulsory elementary education for all children in the 6-14 year
age group (Article 21 A).
 Right to be protected from any hazardous employment till the age of 14 years (Article
24).
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e)).
 Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and youth
against exploitation and against moral and material abandonment (Article 39 (f)).
Besides these they also have rights as equal citizens of India, just as any other adult male or female:
 Right to equality (Article 14).
 Right against discrimination (Article 15).
 Right to personal liberty and due process of law (Article 21).
 Right to being protected from being trafficked and forced into bonded labour (Article 23).
 Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46).
The State must:
Make special provisions for women and children (Article 15 (3))
Protect interest of minorities (Article 29).
Promote educational interests of weaker sections of the
people (Article 46).
Raise the level of nutrition and standard of living of its
people and the improvement of public health (Article 47)
What is the UN Convention on the Rights of the Child?
Human rights belong to all people, regardless of their age,
including children. However, because of their special
status - whereby children need extra protection and
guidance from adults - children also have some special
rights of their own. These are called children’s rights and
they are laid out in the UN Convention on the Rights of the
Child (CRC)..
Significant features of the UN Convention on the Rights of the
Child (CRC)

 Applies equally to both girls and boys up to the age of 18, even if they
are married or already have children of their own.
 The convention is guided by the principles of ‘Best Interest of the Child’
and ‘Non-discrimination’ and ‘Respect for views of the child.’
 It emphasises the importance of the family and the need to create an
environment that is conducive to the healthy growth and
development of children.
 It obligates the state to respect and ensure that children get a fair and
equitable deal in society.
 It draws attention to four sets of civil, political, social, economic and
cultural rights:
 Survival
 Protection
 Development
 Participation
Right to Survival includes
Right to life.
The highest attainable standard of health.
 Nutrition.
Adequate standard of living.
 A name and a nationality.
Right to Development includes
Right to education.
Support for early childhood care and development.
Social security.
Right to leisure, recreation and cultural activities.
Right to Protection includes freedom from all forms of
Exploitation.
 Abuse.
 Inhuman or degrading treatment.
Neglect.
 Special protection in special circumstances such as
situations of emergency and armed conflicts, in case of
disability etc.
Right to Participation includes
Respect for the views of the child.
Freedom of expression.
Access to appropriate information.
Freedom of thought, conscience and religion.
 RIGHT TO PROTECTION
As volunteer you must be able to ensure that all
children in your in your project area/jurisdiction
are protected from all form of
 Exploitation.
 Abuse.
 Inhuman or degrading treatment.
 Neglect
While all children need protection, because of their
social, economic, or even geographical location, some
children are more vulnerable than others and need
special attention. Who are these children ?
 These children are:
 Homeless children (pavement
dwellers, displaced/ evicted,
refugees etc.)
 Migrant children.
 Street and runaway children.
 Orphaned or abandoned
children.
 Working children.
 Child beggars.
 Children of prostitutes.
 Child prostitutes.
 Trafficked children.
 Children in jails/prisons.
 Children of prisoners.
 Children affected by conflict.
 Children affected by natural
disasters.
 Children affected by HIV/AIDS.
 Children suffering from
terminal diseases.
 Disabled children.
 Children belonging to the
Scheduled Castes & Scheduled
Tribes.

The girl child within all categories is even more vulnerable.

Child protection issues and what every volunteer needs to know
 Child abuse occurs across socio-economic, religious, cultural, racial, and ethnic
groups.
 Research, documentation and interventions by government , NGOs and the civil
society groups in the past have clearly brought forth some of the following child
protection issues and categories of children that deserve special protection:

•Gender Discrimination. •Child labour.

•Child prostitution.
•Caste discrimination. •Child trafficking.
•Disability. •Child sacrifice.
•Female foeticide. •Corporal Punishment in schools.
•Infanticide. •Examination Pressure and Student
•Domestic violence. Suicides.
•Natural disasters.
•Child sexual abuse. •War and conflict.
•Child marriage. •HIV/AIDS.
Gender discrimination
 According to the Human Development Report 2005, “Every
year, 12 million girls are born – three million of whom do not
survive to see their 15th birthday. About one-third of these
deaths occur in the first year of life and it is estimated that
every sixth female death is directly due to gender
discrimination”.
 The Census 2001 shows that there are only 933 women in this
country for every 1000 men. This is even lesser in case of
children and has been on a decline since the 1991 Census.
From 945 girls for every 1000 boys in 1991, the child sex-ratio
has declined to 927 in 2001. The situation is alarming in states
of Punjab (798), Haryana (819), Himachal Pradesh (896). The
capital city of Delhi now has fewer than 900 girls per 1,000
boys. Boys from these states are now buying girls from other
states as brides.
Child marriage
Did you know?
 • According to Census reports 2001, nearly 3 lakh girls below the age of 15 years have
already given birth to at least one child.
 • Girls aged 10 to 14 years are five times more likely to die in pregnancy or childbirth
than women between the ages of 20 and 24.
 • Early pregnancies are also linked to higher abortion rates.
 • Infants born to adolescent mothers have greater likelihood of being born with low
birth-weight.
 • Infants born to young mothers are more likely to die in the first year of their life.
Child Marriage and Trafficking
 • Under the legal cover of marriage to old men from within the country and also the
Middle East, young girls are often duped into exploitative situations, including
prostitution.
 • Marriage has emerged as a means to traffic young girls into labour and prostitution.
 Source: The situation of young women (www.un.org/esa/socdev/unyin/
Child labour
 India accounts for the highest number of child labour in the world.
According to the Census of India 2001, 1.25 crore children in the age
group of 5-14 years are engaged in different occupations. However,
estimates of NGOs put this at much more, because there are many
more working in the unorganised sector and in small-scale household
units, who never get enumerated as child labour
 Children are being trafficked for labour every day. Touts and
middlemen come to the villages posing as well wishers and take away
children to work in different parts of the country. Children from Bihar
and Bengal are brought to work in Karnataka, Delhi or Mumbai in
embroidery units; from Tamil Nadu to Uttar Pradesh to work in sweet
making units and to Surat to work on gem and diamond polishing etc.
Hundreds of them are employed in middle class homes as domestic
labour.
Corporal punishment : is defined as the use of physical force
with the intention of causing a child pain, not for the purpose of
injury but for correction.
Types of Corporal Punishment-
Physical Punishments:
 Making the children stand as a wall chair.
 Keeping the school bags on their heads.
 Making them stand for the whole day in the
sun.
 Make the children kneel down and do the
work.
 Making them stand on a bench.
 Making them stand with hands raised.
 Hold a pencil in their mouth and stand.
 Holding their ears with hands passed under
the legs.
 Tying the children’s hands.
 Making them do sit-ups.
 Caning and pinching.
 Twisting the ears.
Emotional Punishments:
•Slapping by the opposite sex.
• Scolding, abusing and humiliating.
•Label the child according to her or his
misbehaviour and send her or him
around the school.
•Make them stand at the back of the class
and told to complete the work.
•Suspending them from school for a
couple of days.
•Pinning paper on their back and labeling
them “I am a fool”, “I am a donkey” etc.
•Teacher takes the child to every class she
goes and humiliates the child.
• Removing the shirts of the boys.
Negative Reinforcement:
 Detention during the break and lunch.
 Locking them in a dark room.
 Call for parents or asking the children to bring explanatory letters from the parents.
 Sending them home or keeping the children outside the school gate.
 Making the children sit on the floor in the classroom.
 Making the child clean the premises.
 Making the child run around the building or in the playground.
 Sending the children to the Principal.
 Making them teach in the class.
 Making them stand till the teacher comes.
 Giving oral warnings and letters in the diary or calendar.
 Threatening to give TC for the child.
 Asking them to miss games or other activities.
 Deducting marks.
 Treating three late comings equal to one day absence from school.
 Giving excessive imposition.
 Make the children pay fines.
 Not allowing them into the class.
 Sitting on the floor for one period for a day, week or month.
 Placing black marks on their disciplinary charts.
How does corporal punishment harm a child?
It has a negative impact on the psyche of young minds as it
usually takes the shape of hatred, terror and fear in the nascent
minds.
The punishment of such kind leads to creation of anger,
resentment and low self-esteem. It contributes to feelings of
helplessness and humiliation, robbing a child of her/his self-
worth and self-respect, leading a child to withdrawal or
aggression.
It teaches children violence and revenge as solutions to problems.
Children might imitate what the adults are doing. Children begin
to believe that it is good to use violence and there is nothing
wrong with it. Children may even assault their own parents or
teachers in retaliation. Victims of corporal punishment during
childhood are more likely to hit their children, spouses or friends
in adulthood.
Children runaway from their homes for many reasons

Better life opportunities.

Glamour of metros.
Peer pressure.
Unhealthy family relations.
Abandoned by their parents.
Fear of being beaten up by parents or teachers.
Sexual abuse.
Caste discrimination.
Gender discrimination.
Disability.
Discrimination due to HIV/AIDS.
 CHILD PROTECTION how to protect

Children have the right to be protected from all

exploitative and vulnerable situations that have been
discussed. As teachers you must learn to deal with
these issues. But that is possible only if you make
yourself aware of the real problems and risks that
children face and of the remedies that are available in
law and policy to change the situation in the best
interest of children.
A child may need legal help and protection. Resisting
legal action when a child needs it the most is a
common mistake all of us often tend to make.
You can perhaps facilitate the process of legal action
by taking some of the following steps:
Inform the police or the child line.
Ensure that the child line provides counseling and legal
services to the child.
Mobilize community support.
Report to the Press only as your last resort.
Know your law.

if you understand rights and legal protection available will you

be able to convince a child or her/his parent(s)/guardian(s) or
the community for legal action
 Act’s for protection
1. SEX – SELECTIVE ABORTION, FEMALE FOETICIDE AND
INFANTICIDE

(Pre-Natal Diagnostic Techniques (Regulation And Prevention Of Misuse)

Act, 1994)
Apart from this law, the following sections from the Indian Penal
Code, 1860 are also important.
 When death is caused by a person (Section 299 and Section 300).
 Voluntarily cause a pregnant woman to miscarry the unborn baby (Section
312).
 Act done with intent to prevent a child being born alive or to cause it to die
after birth (Section 315).
 Causing death of an unborn child (Section 316).
 Exposing and abandoning of a child below 12 years (Section 317).
 Concealing the birth of a child by secretly disposing her/his body (Section
318).
2. CHILD MARRIAGE
CHILD LABOUR
 Children (Pledging of Labour) Act, 1933
 The Bonded Labour System (Abolition) Act, 1976
 Child Labour (Prohibition and Regulation) Act, 1986
 Juvenile Justice (Care and Protection of Children) Act, 2000/2006
List of other labour laws that prohibit child labour and/or regulate
working conditions for child labourers and can be used to book the
employers is as follows:
 The Factories Act, 1948.
 The Plantation Labour Act, 1951.
 The Mines Act, 1952.
 The Merchant Shipping Act, 1958.
 The Apprentices Act, 1961.
 The Motor Transport Workers Act, 1961.
 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
 The W.B. Shops & Establishment Act, 1963.
CHILD LABOUR AND TRAFFICKING
Relevant provisions under IPC that can be used to
book a case:
buying or disposing of any person as a slave (Section 370).
habitual dealing in slaves (Section 371).
unlawful compulsory labour (Section 374)
Relevant provisions under the Juvenile Justice Act
of 2000
Section 26 of the Juvenile Justice (Care and Protection
of Children) Act, 2000
CHILD SEXUAL ABUSE
Sexual abuse is any kind of sexual behaviour, which is
unwanted or forced. It includes rape, sodomy,
harassment and eve teasing. The law only recognises
certain kinds of sexual abuse as an offence and there is
no special offence for sexual abuse of a child by his or
her relative.
The Indian Penal Code
Outraging the Modesty of a woman or a girl (Section 354).
Rape (Section 376).
Sodomy or Unnatural Offences (Section 377).
POCSO Act 2012
Nirbhaya Act (ammndements in CrPc) 2012
CHILD TRAFFICKING
 The Indian Penal Code 1860
 Juvenile Justice (Care and Protection of Children) Act, 2000
Special and Local Laws that can be used to book particular forms and
purposes of trafficking include:
 Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988 or Karnataka
Devadasi (Prohibition of Dedication) Act, 1982
 Bombay Prevention of Begging Act, 1959.
 Bonded Labour System (Abolition) Act, 1976.
 Child Labour Prohibition & Regulation Act, 1986.
 Child Marriage Restraint Act, 1929.
 Guardian ship and Wards Act, 1890.
 Hindu Adoption and Maintenance Act, 1956.
 Immoral Traffic (Prevention) Act, 1986.
 Information Technology Act, 2000.
 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,
1988.
 Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
 Transplantation of Human Organ Act, 1994.
CORPORAL PUNISHMENT
School Education Secretary, I V Subba Rao issued
Government order (GO Ms No 16) on February 18,
2002, replacing the provisions on corporal
punishments issued earlier in GO Ms No 1188 in 1966.
Through the new order of 2002, the Andhra Pradesh
government imposed a ban on corporal punishment in
all educational institutions by amending Rule 122 of
the Education Rules (1966), violations of which should
be dealt with under the Penal Code.
JJ Act 2000 amend 2006
DOMESTIC VIOLENCE
There is no law on domestic violence in the country.
However, in the year 2000 the Juvenile Justice (Care and
Protection of Children) Act, recognized cruelty against
children by people who have the charge of such children or
control over such children as a special offence. Section 23 of
this Act provides for punishment for cruelty to a child,
which includes assault, abandonment, exposure or willful
neglect that is likely to cause mental or physical suffering to
the child.
Juvenile Delinquency or Children in Conflict with
law
Juvenile Justice (Care and Protection of Children) Act,
2000.
 CASTE DISCRIMINATION
The Constitution of India guarantees
 Equality before the law and equal protection of laws to each and
every person in the country (Article 14).
 Prohibits discrimination on grounds of race, caste, sex, descent,
place of birth or residence (Article 15).
 Prohibits discrimination on grounds of race, caste, sex or place of
birth in any public employment (Article 16).
 Abolishes ‘Untouchability’ and declares practice of ‘untouchability’
in any manner whatsoever, a punishable offence (Article 17).
‘The Protection of Civil Rights Act, 1955’. Even calling a
scheduled caste by her/his caste name e.g. calling a ‘mala’ a
‘madiga’ is a punishable offence under this law.
‘The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act’- 1989
STREET AND RUNAWAY CHILDREN
Juvenile Justice (Care and Protection) Act 2000
Drugs and Substance abuse
The Narcotic Drugs and Psychotropic Substances
Act, 1985
The Prevention of Illicit Traffic in Narcotic Drugs
and Psychotropic Substances Act, 1988
Juvenile Justice (Care and Protection of Children)
Act, 2000
Child Begging
AP prevention of Begging Act 1977
Juvenile Justice Act of 2000 - Section 24
The Indian Penal Code - Section 363A of IPC.
 WHAT NGOs CAN DO TO
PROTECT CHILDREN?
 Children can be subjected to neglect, abuse, violence and exploitation
anywhere. There is some abuse that may happen inside the school, at
home and community.
 A child in your target area/village may be a victim of violence/abuse/
exploitation that happens in the communities. You cannot ignore it.
Rather you must help the child. This too is possible only if you are able
to identify that there is a problem and you spend time to understand it
and explore possible solutions.
 Always remember that your duty to protect children.
 The life of a child who is out of the school system can be changed with
your positive intervention. You just have to prepare yourself for it and
know more about their problems as well as what you can do to help.
 Once you are mentally prepared and equipped to tackle the problem
you will be able to do many things you have never dreamt you are
capable of doing.
 Are you a child-friendly Volunteer ?
This is what will make you one.
 Understand children’s rights as human rights and create such awareness in the
community as well.
 Make children feel it is worthwhile attending your group meetings
 Be open to learning.
 Be a Friend, Philosopher and Guide to the child.
 Avoid one-way communication and give opportunities to children to come up with
their doubts and queries.
 Learn to recognize and identify abuse, neglect, learning disorders and other not so
visible disabilities.
 Create a relationship where children can express their views, concerns, anguish,
fear etc.
 Try to engage with children in informal discussions.
 Be a good listener. Share and discuss various issues and problems which children
are facing either in school / community or at home.
 Encourage children’s participation in matters that affect their lives.
 Build children’s capacities to participate effectively.
 Organize meetings of children with school authorities.
Discuss child rights issues with the parents & teachers in
the PTA meetings.
Say NO to discrimination. Take active steps to reach out to
children from minority and other discriminated groups.
Stop negative stereotyping and discrimination against
working children, street children, child victims of sexual
abuse, trafficking, domestic violence or drug abuse and
children in conflict with law, to name a few categories of
those who need protection.
Stop use of child labour in your home and workplace.
Be democratic but not unstructured.
Ensure children are protected within the school as well as in
the community, even if it requires calling the police and
taking/facilitating legal action.
 Encourage them to put forward their views before the adults and the
community.
 Involve children in organizing events. Give them responsibilities and
at the same time give them the required guidance.
 Take children to nearby / other village for sharing their experiences
with other child group members.
 Engage children in discussions/debates/quiz and other recreational
activities.
 Encourage education and participation of girls through creative
measures
 Follow-up on girls who drop out or attend irregularly to ensure it does
not continue.
 Encourage teachers in creating and strengthening a protective
environment around children.
 Your observations are important, as they alone will help you to assess
the growth and progress of a child. If you see a problem, your next
step should be to explore what could be the possible reason.
Next question to yourself should be whether the child is
under any pressures from family, relatives or friends.
Spend some time with the child privately, without being
imposing, humiliating and creating an embarrassing
situation for the child.
Help the child express her/his problem either through
drawing and painting or by writing a story or simply talking
to you or the school counsellor/social worker or to a friend.
NGO volunteers must be aware of the government’s schemes
for children and what they have to offer.
Identify children and families that require assistance and
could be helped through any of the existing Government
schemes. A list of such children and families can be handed
over to your Mandal /Panchayat Member or MPDOs directly.
 People you must liaise with if you want to
protect children include
The Police.
 Your Panchayat/Municipal Corporation
Head/Member.
 Anganwadi Workers/CDPOs
 District Child Protection Unit – officers
 ANMs.
Mandal and Zila Panchayat Members.
District Magistrate/ District Collector.
Child Welfare Committee Members
 Child Line Organizations in your area.
 Adopt and Encourage Constructive Disciplinary
Practices that Respect the
Human Dignity of Children
Respect the child’s dignity.
Develop pro-social behavior, self-discipline, and
character.
Maximise the child’s active participation.
Respect the child’s developmental needs and quality of
life.
Respect the child’s motivational characteristics and life
views.
Assure fairness and transformative justice.
Promote solidarity.