NATIONAL POLICY FOR CHILDREN

By-Ramya deepthi p

Lecturer, Global kasturba college of nursing

INTRODUCTION

• India is home to the largest child population in the world.

• The Constitution of India guarantees Fundamental Rights to all children in the country and empowers the State to make special provisions for children.

• The State is responsible for ensuring that childhood is protected from exploitation and moral and material abandonment.

• Declaring its children as the nation’s “supremelyimportant asset” in the National Policy for Children,1974, the Government of India reiterated itscommitment to secure the rights of its children byratifying related international conventions and treaties.

• These include the Declaration of the Rights of the Child,Universal Declaration of Human Rights and itsCovenants, the Convention on the Rights of the Childand its two Optional Protocols, the United NationsConvention on the Rights of Persons with Disabilities,the United Nations Convention against TransnationalOrganized Crime, the Protocol to Prevent, Suppress andPunish Trafficking in Women and Children, the HagueConvention on Protection of Children and Cooperationin respect of Inter-Country Adoption, and theConvention on the Elimination of All Forms ofDiscrimination against Women.

National policy 2013

• Every child has universal child rights.• every child has the right to life, survival, development,

education, protection and participation• right to life, survival and development goes beyond the

physical existence of the child and also encompasses the right to identity and nationality

• mental, emotional, cognitive, social and cultural development of the child is to be addressed in totality

• all children have equal rights and no child shall be discriminated against on grounds of religion, race, caste, sex, place of birth, class, language, and disability, social, economic or any other status

Important measures of state

• Improve maternal health care, including antenatal care, safe delivery by skilled health personnel, post natal care and nutritional support

• Provide universal access to information and services for making informed choices related to birth and spacing of children

• Secure the right of the girl child to life, survival, health and nutrition

• to improve new born and childcare practices at the household and community level

• Provide universal and affordable access to services for prevention, treatment, care and management of neo-natal and childhood illnesses and protect children from all water borne, vector borne, blood borne, communicable and other childhood diseases

• Prevent disabilities, both mental and physical, through timelymeasures for pre-natal, peri-natal and post-natal health and nutritioncare of mother and child, provide services for early detection,treatment and management

• Prevent HIV infections at birth and ensure infected children receivemedical treatment, adequate nutrition and after-care, and are notdiscriminated against in accessing their rights

• Provide adequate safeguards and measures against false claimsrelating to growth, development and nutrition

• Provide universal and equitable access to quality Early ChildhoodCare and Education (ECCE) for optimal development and activelearning

• Ensure that every child in the age group of 6-14 years is in school• Promote affordable and accessible quality education up to the

secondary level for all children.• career counseling and vocational guidance• rehabilitation of children who are out of school such are child

labourers, trafficked children, street children, abused children etc..• Ensure physical safety of the child and provide safe and secure

learning environment

NATIONAL PLAN OF ACTION FOR CHILDREN 2005

• Ministry of women and child welfare has prepared a National Plan of Action for Children 2005.

• The Prime Minister’s Office is quarterly monitoring the National Plan of Action for Children 2005 on the basis of eight parameters-

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 20107. To eliminate disability due to poliomyelitis by

20078. 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.

LEGISLATION RELATED TO CHILDREN HEALTH AND WELFARE

Legislation - the act of making or enacting laws

• The word Legislation is derived from two Latin words-

Lex=Law

Latus=Raised

Constitutional Provisions• 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 provide 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.

LEGISLATION

• The Child Marriage Restraint Act, 1929

• The Child Labour (Prohibition and Regulation) Act, 1986.

• The Juvenile Justice (Care and Protection of Children) Act, 2000.

• The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

• The Pre-Conception and Pre-natal Diagnostic Technique(Prohibition of Sex Selection) Act, 1994.

• The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

• The Immoral Traffic (Prevention) Act, 1956

• The Guardian and Wards Act, 1890.

The Child Marriage Restraint Act, 1929

Section 1: Short title extent and commencement --

• It extends to the whole of India (except the State of Jammu and Kashmir) and it applies also to all citizen of India without and beyond India.

• It shall come into force on the 1st day of April, 1930.

Section 2: Definitions

(a) "Child" means a person who, if amale, has not completed twenty oneyear of age, and if a female, has notcompleted eighteen years of age

(b) "Child marriage" means a marriageto which either of the contractingparties is a child;

(c) "Contracting party" to a marriagemeans either of the parties whosemarriage is (or is about to be) therebysolemnized

(d) "Minor" means a person of either sexwho is under eighteen years of age.

Section 3: Punishment for male adult below

twenty one years of age marrying a child

Whoever, being a male aboveeighteen years of age andbelow twenty one, contractsa child marriage shall bepunishable with simpleimprisonment which mayextend to fifteen days, orwith fine which may extendto one thousand rupees, orwith both.

Section 4: Punishment for male adultabove twenty one years of age marrying achild

Whoever, being a maleabove twenty one years ofage, contracts a childmarriage shall bepunishable with simpleimprisonment which mayextend to three monthsand shall also be liable tofine.

Section 5 : Punishment for solemnizing achild marriageWhoever performs, conducts

or directs any child marriageshall be punishablewith simple imprisonmentwhich may extend to threemonths and shall also beliable to fine unless heproves that he had reasonto believe that the marriagewas not a child -marriage.

STOP CHILD MARRIAGE

The Child Labour (Prohibition andRegulation) Act, 1986.

The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law. The list was

expanded in 2006, and again in 2008.1. Prohibition of employment of CHILDREN in certain

occupations and processes

2. Hours and period of work

3. Children are not permitted in the following said area-

a) Passenger’s Goods, transport

b) Weaving

c) Cement manufacturing

d) Dying and printing

e) Explosives

f) Tobacco manufacturing

g) Cleaning ash dumps

4. Maintenance of register

The Juvenile Justice (Care and Protection of Children) Act, 2000.

The law defines a “juvenile orchild’” as a person who hasnot completed their 18th yearof age. In 2000, India raisedthe juvenile age to 18 as partof its obligation under theUnited Nations Conventionon the Rights of the Child,which it signed in 1992.

• Whenever a juvenile is arrested for an alleged offence, he requires to be immediately produced before the Juvenile Justice Board.

• The law says that the Board, irrespective of the offence, should release him on bail, with or without any surety.

• However, the juvenile must be sent to an observation home or a "place of safety" by a speaking order of the Board, explaining the reasons for not releasing him on bail.

• During the "inquiry" and not a "trial", such delinquents are to be housed in the observation home and the "inquiry" has to be completed within four months.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution)

Act, 1992.

• An Act to provide for the regulation of production, supply anddistribution of infant milk substitutes, feeding bottles andinfant foods with a view to the protection and promotion ofbreast feeding and ensuring the proper use of Infant Foodsand for matters connected therewith or incidental thereto.This act is apply to the whole of India

• According to section 3, no person shall advertise, take part inpromotion of use or sale, supply of or donate or distributeinfant milk substitutes or feeding bottles, or give animpression or create a belief in any manner that feeding ofinfant milk substitutes is equivalent to or better thanmother's milk.

• Section 6 gave direction that such container of infant foodsand milk substitutes must affix label clearly written in locallanguage that "Mother's milk is best for your baby", "Shouldbe used only on the advice of a health worker", " a warningsign if used replacing mother's milk".

• No picture of baby or mother shall be depicted on the containers.

• Beside this all about manufacturing date, batch number, expiry date, compositions, etc. should also be written and must follow the instructions and guidelines given under the Prevention of Food Adulteration Act 1954 (Sec 11).

• All educational material whether audio, or visual shall contain the content of benefits and superiority of breast feeding (Sec 7).

• No person other than health workers or institutions demonstrate the need and feeding of milk substitute (Sec 8).

• Food inspector working under Prevention of Food Adulteration Act or any authorized person shall be responsible for inspection or seizing activities if he/she finds that there is violation of this Act.

The Pre-Conception and Pre-natalDiagnostic Technique(Prohibition of SexSelection) Act, 1994.

• It is an federal legislation enacted bythe Parliament of India to stopfemale foeticides and arrest the declining sex ratioin India. The act banned prenatal sex determination

Main provisions in the act are-• The Act provides for the prohibition of sex

selection, before or after conception.

• It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect :

– genetic abnormalities

– metabolic disorders

– chromosomal abnormalities

– certain congenital malformations

– haemoglobinopathies

• Sex linked disorders

• No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.

• No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.

• Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Participation) Act, 1995.• In this act disability is defined as blindness, low vision, leprosy-cured,

hearing impairment, loco-motor disability, mental retardation and mental illness.

• According to this act, children with disabilities should be provided free education by the appropriate government.

• The government must take steps to integrate children with disabilities into regular schools, but also make space for special schools that cater expressly to the needs of these children.

• In addition to the basic education schools, government are also required to make non-formal education programmes for children with disabilities.

• The Government must also set up schemes that provide children with disabilities grant and scholarships and also provide funds for making buildings disabled friendly.

• Educational institutions are also required to provide visually challenged students with aids who will write for them.