EVERY RIGHT FOR EVERY CHILD
Item
- Title
- EVERY RIGHT FOR EVERY CHILD
- extracted text
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National Plan of Action
fey
Indians GBiBBelron
Citizens' Alternate Proposals
Third Draft:
30 June 2003
Compiled and Produced in support of the NGO & citizens’ initiative to identify and
propose priorities for India’s NPAC for 2003-2015.
Voluntary Health Association of India & India Alliance for Child Rights
EVERY right for every child
ational Plan of Action for India’s Children:
itizens’ Alternate Proposals Third Draft of 30th June
2003.
PROCESS & PARTICIPATION
As official response to the UNGASS decisions of May 2002, the Government of
India has initiated action to formulate a National Plan of Action for Children. This
plan is expected to address priorities for the achievement of new and reaffirmed
goals, with action deadlines extending to 2015.
In keeping with the UNGASS directives for government-NGO partnership, the
India Alliance for Child Rights (IACR) has also been engaged in a concurrent
process of consultation, identification of priorities and alternate planning. As part
of this process, beginning in June 2002, it has been engaging in a series of
consultations with groups, individuals, organisations and networks across the
country. I he approach has been to make this as open and participatory a
process as possible, reaching out beyond the Alliance membership and also
actively seeking the ideas and suggestions of subject experts. The process has
invited the Government’s interest and interaction at every stage.
Since June 2002, IACR and its partners in the Alliance have convened six
consultations in Delhi, two in Bangalore and one in Mumbai. Some discussions
focussing on national action priorities were also undertaken at the Asia Social
Forum and in the India NGO component of the SAARC citizens’ social charter
process. Children participated in the July 2002 consultation and presented their
recommendations to the Secretary DWCD. At another consultation in May 2003,
children from 20 states once again identified their priority concerns. A series of
e-mail consultations were also carried out to obtain the contributions of a wider
circle. Participants in the overall process include several national networks, as
well as NGOs from Jharkhand and Orissa.
An added planning partnership has begun with a consultation organised by the
Voluntary Health Association of India (VHAI), with financial support from the
Government of India.
The Government of India recently convened two regional consultations on the 4th
and 16th of June, which were attended by parts from all of the country NGOs.
This document and its recommendations are an outcome of all these
consultations. This is an interim draft reflecting recommendations received to 30th
June 2003. It is compiled jointly by IACR and VHAI, in expression of the
concerns of all contributors.
*Names of contributors and their comments are listed at the end of the complete document.
1
CONTEXT
claim^S h<tp?e t0 ne,arly 400 mi|lion children aged up to 18 years, which the Government
aroun IS the wor'd’s largest child population. The proportion of children in the 0-5 age
total IS C<7rta'nly the w°rld’s largest. Overall, children constitute 42.6 per cent of India’s
. Population. While we are as a nation sincerely concerned about ensuring their
wai development and well being throughout their childhood, it is essential for us to
a ise that in any planning for national progress, being child-focussed is not kindness
but commonsense.
India s concern for its children can be traced back to the time when it gave itself a
Constitution that pledges equality, dignity and protection to all citizens, including
children. India adopted a National Policy for Children in 1974, declaring children to be
the nation’s most precious asset. Dating from the Third Five-Year Plan, children have
found some mention in national development plans, but insufficient attention or
investment. In response to the 1979 International Year of the Child, India drew up a
national plan with some long-term objectives for child survival and development, but this
plan had no long-term impact on actual commitments.
An official National Plan of Action was adopted in 1992, in the wake of the 1990 World
Summit for Children, with goals for the decade. Concurrently, India acceded in 1992 to
the UN Convention on the Rights of the Child, thereby accepting the responsibilities of
implementation as an obligation. The Constitutional commitments and the CRC form the
bedrock of any planning that is undertaken for children. These and India’s other
international commitments together form the framework for action
In 2002, India reported on its performance on both the World Summit goals and the
implementation of the Convention. Both reports record some positive changes in the
situation of the country’s children - and significant problems and performance gaps.
Poor allocation of needed resources, poor expenditure of available allocations, some
faults in targeting most-needed actions - all these have undermined good intentions. A
more negative influence has been the pervasive fallout from the shift in national
investment away from State supports for social development. The 1990s decade was
meant for children’s rights, but it also launched the "era of globalisation" in India and
ushered in a neo-liberal economic agenda. Children paid the price.
The pluses and minuses are there to see. In 1992, India got moving on 27 goals for the
decade. It was to halve maternal mortality rates as well as severe and moderate
malnutrition of under-fives, and reduce infant and under-five mortality by a third. It did
not reach these targets. Goals for drinking water, sanitation, protective health and
nutrition cover for girls and mothers were all missed. Anaemia reduction among women
was narrowly reached, but the decade data flags anaemia among children under-3,
which seems to have been an ignored alarm. Progress on immunisation stayed well
below the 90% level set, and is currently reported at 42 % fully immunised by the age of
2 years Official reports of first-year immunisation cover vary absurdly between a range
of 85 to 99 per cent and 50 to 71 per cent. Birth registration fell from 47 per cent and an
apparent 1995 peak of 55 per cent, to either 40 or 35 per cent, depending on which Govt
of India report one consults. Neonatal mortality, with low birth weight, a major cause, and
poor newborn care a chronic aggravation, has continued to stagnate.
2
and 69 °/ vfe °Pmen^
% >s claimed for primary and elementary school attendance,
universal O(Rnro/Pr'marY sc^00' completion by an over-age cohort, against the goal of
fniiv
/o) access to basic education. Guineaworm eradication was the sole goal
tully achieved in the 1990s’ decade.
* he international shift of approach to children's issues from a needs-based
pp each to a rights approach is echoed in formal statements in India, it is still to be
ans ated into actual programming approaches, which continue to be largely welfarist. At
e political and ethical level, the situation calls for recognition of national obligation to
the rights of all children, and a more than labelling shift from 'social welfare’ to
development, ’ in efforts to secure socio-economic justice.
The impact of structural adjustment has sharply reduced the capacities of families to
fend for themselves. The Tenth Plan is the first expression of how India Pr°P°saa 10
address the reality that without pro-poor planning and pro-poor guarantees, e rig
children cannot be secured. The Plan document acknowledges this w en i say
state subsidies need to continue. Such supports must particularly a res
y
childhood risks of stunted growth, poor resistance to disease, failed learning,
death. If a child’s growth is interrupted by poverty, this often becomes a
g
handicap. India has not chosen with the best interests of either the p
in mind.
Planning and creating an environment for child development and children’s rights must
also include awareness of the destabilising effect of civil and political unrest and natural
calamities. These imperil and violate the rights of children. The State’s responsibility to
ensure protections without discrimination is clear.
It is in a climate of uncertain commitment that the new National Plan of Action for
Children is being formulated. It therefore needs to project a way out of these present
constraints. The emerging NPA with its internationally agreed deadline of 2015 must
project a vision and pledge a range of actions stretching over three Five-Year Plan
periods. It has to begin by carrying forward and achieving the unfulfilled tasks of the
Eighth and Ninth Plans. One reason for missing goals is that the hardest-to-reach have
not been reached. Even if a percentage gap in coverage appears small, extra effort will
be needed to actually benefit the most marginalised children and communities. Any
perception that India’s task in the coming 12 years is simply to “mop-up” may be
misleading.
Any national plan must recognise the diversity of interventions that children deserve
based on age, location, cultural setting and socio-economic grouping. Conscious
attention must be paid to children in adverse and disadvantaged situations. Special
provisions have to be made for addressing children in emergency situations, whether
man-made or natural. India needs a comprehensive disaster management perspective,
with planning that addresses both short-term and longer-term concerns, and
distinguishes between the every-day needs of all children and those in emergency
situations..
The May 2002 UNGASS decisions which have triggered the NPA process underline the
need to integrate implementation of the Convention (CRC) with the pursuit of the new
2003-2015 goals. This must be reflected in any National Plan of Action for Children.
3
PREAMBLE
draft o™ *S ProP°sed as an appropriate preamble to the NPAC. The present
ernment documents does not have a preamble.
----------------------------- -----------------------------The children of India call for our attention not simply because they are our future, but
ecause they are our today. They are citizens of this country and are born with rights to
rIn ^e'r b'rth’. survival, development and participation, both as individuals and as
part of the community or group to which they belong. They need both targeted as well as
holistic interventions. As the draft National Policy for Children declares, a Society that
respects its children respects itself.
1. The Constitution of India has made a commitment to promote, guarantee, and protect
rights of all children based on principles of non-discrimination and equality. These
constitutional commitments form the basis of any further action that the Government may
take for the children of the country.
India reiterated and reinforced its commitment to every child when it acceded to the II.N.
Convention on the Rights of the Child, which obligates the State to ensure every child
the right to survival, development, protection and participation. The UN General
Assembly Special Session on Children (May 2002) reviewed the World Summit goals set
out for children in 1990 and set new goals, with implementation extending till 2015. India
has accepted the ensuing responsibility to secure the goals for all its children.
The Constitutional commitments and the CRC form the bedrock of any planning that is
undertaken for children. These and India’s other international commitments together
form the framework for action.
2.
The
NPA takes into account the best interests of the child and adheres to the
principles of democracy, equality, non-discrimination, peace and social justice. It
recognises the universality, indivisibility, interdependence and interrelatedness of all
human rights, including the right to development. It affirms the right to information of all
persons - children, their families and the communities in which they live.
3. It reflects the necessity of integrating implementation of child rights with the pursuit of
survival and development goals as part of social development entitlements of all children
up to the age of 18 years.
We the Government and the people of India, convinced of the human and civil rights of
all children, and concerned with the present challenges to their survival, protection and
development, committed to sustained national action to address and overcome these
challenges, and further committed to according to children the dignity of participating in
decisions and actions affecting their lives, therefore adopt this National Plan of Action for
Children.
Recognising that millions of India’s children are denied their basic entitlements as
citizens for reasons of poverty, caste, class and community, and recognising that the
4
children chronically bypassed by development and justice must n
.
them into the
the line, this National Plan is committed to the essential task ot bring! y
radius of care, protection and opportunity;
- Being aware that children in India are not a homogeneous ®nt^’d cu|tura| specificity
gender, ability, socio-economic situation, geographica
’ ■ |ncjja face multiple
defines their vulnerability, and recognising that many
marginalised -the
social disabilities, we pledge special attention to be giv
and minority groups in
girl child, the disabled child, and those belonging to
,
■
socio-political will
all policy, investment and interventions, and will work to guarantee
that this requires.
- Recognising that all commitments must be
and fjnancial resources
investment, we emphasise the need to ensure adeq
demands the underwriting of
to match required policy commitments to the child This demands
basic social services, which is the Governments responsibility.
- we undertake the execution ol this National Plan with the premise that ail children have
all rights.
OOO
GUIDING PRINCIPLES OF THESE ALTERNATE PROPOSALS:
The National Plan of Action must regard the child as an asset and a citizen, not
as a welfare subject and much less as a liability or a burden on State or Society.
2. The NPA must recognise the diverse stages and settings of childhood, and
address the needs of each, providing to all children the entitlements that fulfil
their rights and meet their needs in each situation.
3. The NPA must therefore :
• be age-specific, aware and attentive to the needs of each age
group among children, from conception to birth, from the
newborn stage to the attainment of 18 years of age;
• must address key cross-cutting issues : gender, caste,
community, class and legal status;
• must be consciously and pro-actively geared to securing equal
opportunity for all children, placing the most disadvantaged,
most poor and least-served among children at the head of the
line for policy attention and programme benefits.
• take the UN Convention on the Rights of the Child (CRC) as its
standard, and guiding frame.
1.
4. The NPA must be the expression of a new National Policy for Children that
affirms the Constitution of India, upholds the equal worth and equal rights of all
children, and is guided by the best interests of the child. Both the new policy and
the NPA must be respectful of every child.
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thp r|-,er t0 estab''sh and secure a caring climate for all children, and to redress
mn j hron'c ne9<ect and exploitation of the children of the marginalised, the NPA
m' rtf i consc'ous °f the social, economic, cultural reality of every child, and set
in ul and exemplary standards in upholding the principle of non-discrimination,
an assuring maximum survival, protection and development entitlements to all.
The NPA must address issues of policy,law,programme, investment factfinding and monitoring, and meet the need for change and improvement
in policy and legislation, in programme intervention and implementation
measures, in material investment of the scale and scope the child
deserves, in planning and programming from a factual base, and in
monitoring performance and accountability in all of these.
> The NPA must be a perspective plan with the vision and resolve to
sustain needed action and investment to the year 2015, and the
commitment to extend over the Tenth, Eleventh and Twelfth Five-Year
Plan periods.
> The NPA must establish the primacy of the child’s best interests over any
other policy or programme that may in any way erode or contradict the
rights and entitlements of children.
> The NPA should be formulated, promoted, executed and monitored as
an open plan and, along with a relevant national policy, should be the
people’s manifesto for India’s children.
> The State must take central and primary responsibility to ensure that
priorities of the NPA are non-negotiable national commitments, supported
by State funding and with necessary resources assured, and not made
subject to fluctuations or deficits in economic growth rates.
It is recommended to the Government of India that it examines these principles and takes them into
consideration in the process of formulating the NPA, and in focusing final commitments of the Plan itself.
6
Cross - cutting issues
„
..mmpn as
The government has added adolescents to its original listing o g
cross- cutting issues.
,
.
nf tribals and
The alternate proposals add caste and community and margin
minorities as another cross- cutting issue.
attention and
All sections of the NPA should include measures reflecting prior ty,
specific targeting to address these issues.
„hi|Hrpn in various
All such measures should take into account the differing nee
Age profiling needs and rights and ensuring age- specific intervention
• The NPA must address the specific needs and rights of each age group
® The proposed groups are
Conception -1 year.
1-3
3-6
6-10
10-14
14-18
« The present GOI draft recognizes 0-5 and 11-18 in selective measures but fails to
identify the 6-10/11 group.
o All proposed measures should be reviewed to ensure that there are no age
coverage gaps.
Monitoring should also be age-profiled.
Monitoring is not a specified provision in the present official draft.
We recommend that indicators, including process indicators, be identified and
established.
We recommend that monitoring be made a component of every part of the plan. We
recommended that the Government recognise and encourage community monitoring
of measures for children, and accept such social audit.
7
—■ u.cn imha of Dec 2002---------- ’
^^OMOTINGHEALThy lives
CITIZENS’ ALTERNATE NPA
PROPOSALS: Draft of May 2003_______
National Policy Commitment
GOI National policy for Children draft June 2001
Right to Survival
a. Every child has a right to survival. The
State and community will undertake all
possible measures to ensure that the
child’s right to survival is protected and
realised.
b. In particular, the State and community
will undertake all appropriate measures to
address the problems of infanticide and
foeticide, especially of female child and all
other emerging manifestations which
deprive the girl child of her right to survival.
Right to Health
a. The State shall take measures to ensure
that all children enjoy the highest
attainable standard of health, and provide
for preventive and curative facilities at all
levels especially immunisation and
prevention of micronutrient deficiencies for
all children.
b. The State shall take measures to cover,
under primary health facilities and
specialised care and treatment, all children
of families below the poverty line.
c. The State shall take measures to
provide adequate pre-natal and post-natal
care for mothers along with immunisation
against preventable diseases.
d. The State shall undertake measures to
provide for a national plan that will ensure
that the mental health of all children is
protected.
e. The State shall take steps to ensure
protection of children from all practices that
are likely to harm the child’s physical and
mental health.
Right to early childhood care
a. The State shall in partnership with
community provide early childhood care for
all children and encourage programmes
which will stimulate and develop their
physical and cognitive capacities.
b. The State shall in partnership with
community aim at providing a childcare
centre in every village where infants and
7
children of working mothers can be
adequately cared for.
c. The State will make special efforts to
provide these facilities to children from
SCs/STs and marginalised sections of
society.
Concerns recorded at the 4th June 2003
GOI Northern Regional Consultation
Thematic Working Group
1. The NPA should plan up to 2015.
Accordingly, it should look
finalise goals, strategies and
resource allocations. It is also
important to adopt state specific
goals since what is realistic in
one state, would not be realistic
in another.
2. Adopt the goals that appear in
the GOI draft as the latest’. The
goals set by the Planning
Commission seem to fit that
criterion.
3. Goals and strategies need to be
reworded since they have been
phrased so as to appear that
they have been used
interchangeably.
4. Implementation of any policy or
plan is the key to its success.
The Group made an attempt to
identify key areas in order to
achieve goals, objectives and
implement strategies - Need for infrastructure, both
physical and personnel. A very
specific goal towards this should
be to not have more than 5%
vacant posts across the entire
health infrastructure by 2015.
- Commitment of resources.
Addressing poverty and literacy.
- Ensure equity in access
towards health facilities both in
rural areas as well as urban
areas especially for children
without families, scheduled
tribes, OBC, SC and children of
the most marginalised - in the
spirit of antodaya. (For more
details refer to the ‘Citizen’s
8
Alternate Proposals’)
- Improve processes, quality and
imbibe management principles.
- Monitoring and evaluation is
the key towards improving
processed, quality, management
as well as access. This can be
done through PRIs and the
community (people). They have
an important role to play in
ensuring accountability. (For
more details refer to the
'Citizen’s Alternate Proposals’).
- Capacity building - of people
and staff.
- Address poverty - both
monetary as well as information
poverty.
- Networking, information
sharing (in simple form and
language such as the local
language through use of folk
media), outreach, sensitisation,
partnerships are some of the
other keys to a successive
implementation.
- Identify indicators (suggested
by Dr. Ayyar). It is important to
have output indicators, but it is
even more important to have
process indicators. He also
suggested that it is important to
document 'best processes’ and
‘best practices’ and learn from
them as well as try and replicate
them where possible.
5. Involve men in all the
interventions.
6. There should be a separate
section to address the impact of
environmental on children.
7. Mental Health is an issue that
needs to be specifically addressed.
1.Health (Child Health )
*see below for working group recommendations made
at the GOI Northern Regional Consultation held on 4,h
June on the National Plan of Action for Children.
UNGASS GOAL/ MAJOR GOAL:
1
Reduction in IMR to45 perl000 live births Section Preamble
Development of children has not just been
' by 2007 and to 28 by 2012 (Planning
Commission)____________________ viewed as the most desirable societal
9
investment for the country’s future, but as a
right of every child to achieve her/his full
h
o oo by
development potential. Therefore, the
foundations for life-long learning and
OBJECTIVES
human development to be necessarily laid
on^,n^Le maternal ar|d neonatal tetanus by in the very crucial years of childhood (Tenth
2005 (UN 37 (7))
Plan, Planning Commission, GOI).
(Nat. Population Policy)
' XS0 3 ', ° 2°«
°
Reduce deaths due to measles by half by
2005 (UN 37 (7))
Ensure full immunisation of children under
one year of age at 90% nationally (UN 37
CORE CONCERN
If India’s children are to prosper, they
must first have the assurance of
surviving.
All survival and health goals and
interventions must be age-specific.
Measures to reduce U5MR and U5
morbidity must be specified.
All measures must accord special
priority to overcoming deprivations
based on caste, gender and
other socio-economic and cultural
factors that deny children equal
opportunity.
Certify by 2005 the global eradication of
poliomyelitis (UN 37(8))
• One-third reduction in deaths due to Acute
Respiratory Infections (UN 37 (11))
®
Fifty percent reduction in deaths due to
diarrhoea in children under5 (UN 37 (11))
° 50% reduction in tuberculosis (UN 37 (11))
®
50% reduction in cholera (UN 37 (11))
*
50% reduction in sexually transmitted
infections, HIV/AIDS (UN 37 (11))
*
50% reduction in all forms of hepatitis (UN
37 (11))
GOALS
®
Reduce by one half the burden of disease
1. Reduction in proportion of LBW
associated with malaria and ensure that
60% of all people at risk of malaria,
babies to one tenth of all births
especially children and women, sleep
(this was a goal set in 1983 under
under insecticide-treated bed nets (UN 37
the National Health Policy.
(12))
2. Reduction of the poverty ratio by
®
Eradicate Polio by 2005 (National Health
more than 15 points by 2012
Policy)
(Tenth Plan).
•
Reduce Mortality by 50% on account of TB
3. Provide adequate services to
by 2010 (National Health Policy)
children, both before and after birth
•
Reduce mortality by 50% on account of TB,
and throughout their period of
Malaria, and other Vector and Water Borne
growth,
to ensure their full
diseases by 2010 (National Health Policy)
physical,
mental and social
• Achieve Zero level growth of HIV/AIDS by
development
(National Policy for
2007 (National Health Policy)
Children
1974).
•
Reduce Mortality by 50% on account of
4. Increase utilisation of public heath
Malaria by 2010 (National Health Policy)
facilities from the current level of < 20
to >75% by 2010 (National Health
STRATEGIES
To cover all women in reproductive age
Policy 2002).
group with three doses of Tetanus Toxoid
5. Improve efficiency of the existing
vaccine.
health care system - in government,
To cover all unprotected children up to the
private and voluntary sectors (Tenth
age of 3 years with single dose of measles
Plan).
vaccine.
6.
Improve
quality of care at all levels
Eliminate polio incidence and achieving
(Tenth
Plan).
polio eradication.
7. Mainstream ISM and H practitioners
Strengthen routine immunisation with the
to improve utilisation and coverage
aim to raise the percentage of fully
(Tenth Plan).
immunised children to above 80 percent.
•
10
To support polio eradication and routine
immunisation by upgradation of cold chain
equipment, ensuring injection safety,
training of district managers and cold chain
staff and strengthening of supervision and
monitoring.
Every child under the age of five years to
be given oral polio drops during
NIDs/SNIDs every year on fixed days.
Train health workers in ARI management.
Prevent deaths due to dehydration caused
by diarrhoeal diseases among children
under-five years of age.
To detect as cases of polio and effectively
treat them so as to render infectious cases
as non-infectious.
To reduce spread of HIV infection in India.
To administer Hepatitis B to infants along
with the primary doses of DPT vaccine.
To take concrete steps for early case
detection and prompt treatment of malaria,
selective vector control, promotion of
personal protection methods, early
detection and containment of epidemics,
IEC and management capacity building.
• To provide malaria treatment through
q
agencies like hospitals, dispensaries
o
and malaria clinics.
Develop efficient logistics of supplies
of drugs and promote rational use of
drugs (Tenth Plan). Eradicate Polio
by 2005 (National Health Policy
2002).
9. Reduce by 50% mortality on account
of TB, Malaria and other Vector and
water borne diseases by 2010
(National Health Policy 2002).
10. Reduce prevalence of blindness to
0.5% by 2010 (National Health Policy
2002).
11. Establish an integrated system of
surveillance, National Health
Accounts and Health Statistics by
2005 (National Health Policy 2002).
12. Reduction in the percentage of
underweight children by more than
half (especially those under the age
of three).
13. Reduction in the prevalence of
anaemia more nearly 50% in severely
anaemic children and by 35% in
children with moderate anaemia and
bring down the prevalence of
maternal anaemia to less than 25%.
14. Enhance early initiation of breast
feeding to more than 75 per cent by
2015.
15. Focus on eliminating polio and neo
natal tetanus and achieving hundred
percent coverage for the six vaccine
preventable diseases (Tenth Plan).
16. Reduction in the infant and underfive mortality rate by at least two
thirds by 2015 (UNGASS).
17. Reduction of maternal mortality rate
by three quarters by 2015 (UNGASS).
18. Reduction of child, malnutrition
among children under five years of
age by at least one third, with special
attention to children under two years
of age, and reduction in the rate of
low birth weight by at least one third
of the current rate (UNGASS).
8.
STRATEGIES
1. Neo-natal care will be a priority area
for reduction of Infant Mortality Rate
and Child Mortality rate. These
recommendations of the National
11
Technical Committee on Child Health
should be included in the NPA:
Need for introducing community
midwives, revamping of the dai training
programme, greater co-ordination in
the field level implementation of the
reproductive and child health
programme and the ICDS, adoption of
a policy for exclusive breast-feeding
upto 6 months has since been
adopted, etc (Annual Report 2002 2003, MOHFW).
2. Evolving treatment protocols for the
management of common illnesses and
diseases, promotion of rational use of
diagnostics and drugs (Tenth Plan).
Specifically in the case of diarrhoea
management, there should be
promotion of self - reliance through
home based ORS to reduce IMR and
under - 5MR (Tenth plan) and against
irrational use of drugs for diarrhoea.
Integrate all aspects of the current
vertical programmes (Tenth Plan).
3. In order to improve the health of
children in our country, we need to
simultaneously address the nexus
between poverty and ill-health. People
are poor not because of their
unwillingness to work. It is often as a
result of unemployment or as a result
of unfair wages. These should be
seriously addressed. Moreover, the
concept of food-for -work was a viable
concept and should be promoted.
4. Progressively improve access to
mental health care services at the
primary and secondary care levels to
cover all districts in a phased manner
(Tenth Plan). The state shall take
measures to provide for a national plan
that will endure that the mental health
of all children is protected (Art. 2d,
National Policy and Charter for
Children 2001, Draft). The National
Mental Health Programme: The
approach to the treatment of mental
disorders is based upon the following
strategy - integrating mental health
with primary health care through the
national Mental Health Programme;
12
provision of tertiary care institutions for
treatment of mental disorders;
eradicating stigmatisation of mentally ill
patients and protecting their rights
through regulatory institutions like the
Central Mental Health Authority and the
State Mental Health Authority (Annual
Report, MOHFW, 2002-2003). Mental
Health of children in urban areas and
the impact of visible stresses should be
addressed as a emerging public health
problem.
5. Explore alternative systems of health
care financing including health
insurance so that essential, need
based and affordable health care is
available to all (TenthPlan).
6. Use the Panchayati Raj Institutions
to boost accountability of public health
care providers through sorting
problems of absenteeism, inter-sectoral
collaboration, etc. PRI, NGOs and
communities should be actively
involved in the functioning of the
centres (Recommendations of the
Working Group on Child Development,
Annual Report, DWCD, MHRD, 20012002). Control of ARls demand high
degree of community participation and
management at the grassroots. Unless
the services are decentralised, PRls
are empowered, IEC becomes
effective, this will only add to our list of
failed programmes. IEC should make
use of mass and folk media and
interpersonal communication.
7. The vast infrastructure and
manpower providing primary health
care needs of the population is not
evenly distributed and those
segments of the population whose
health care needs are the greatest
have very poor access to health care
(Tenth Plan). This is true for urban
areas, especially slums, as well as
rural areas. Moreover, apart from
limited access for vulnerable
populations, these services are
inaccessible for'children without
families or attached to formal structures
of representation (NGOs, etc). Thus
13
there should be an equitable access
to health services.
8. Convergence of services under
various departments with the
Department of Women and Child
Development (X Plan). Bring about
convergence in implementation of
related social sector programmes so
that family welfare becomes a people
centred programme (National Socio
Demographic Goals for 2010, National
Population Policy). Utilise village self
help groups to organise and provide
basic services for reproductive and
child health care, combined with the
ongoing ICDS (National Population
Policy 2000, Operational strategies).
Implement at village level a one-stop
integrated and co-ordinated services
(cluster services) delivery package for
basic health care, family planning and
maternal and child health related
services, provided by the community
and for the community. Wherever there
are no village SHGs, community
midwives, practitioners of ISM and
retired school teachers and ex defence personnel may be organised
into neighbourhood groups to perform
similar functions (National Population
Policy 2000, Operational strategies).
9. For the reduction of IMR, emphasis has
been given to immunisation. Priority
should be given to provision of social
justice, especially malnutrition and
better living conditions. It has been
observed that 90% of IMR is
associated with malnutrition.
10. There is an unfair distribution of
resources across needs. Thus the most
backward districts do not get the
needed resources. The states that are
doing well are amongst the less
populous states. Improvement on
health indicators should be projected
on the basis of the success of these
states.
11. Because of Ayurveda’s (and other
branches of ISM) cultural moorings, it
can be integrated into mainstream
health strategies. Introduce
14
preventive measures for life
threatening respiratory conditions,
measles and digestive disorders (e.g.
diarrhoea), which affect children during
the most vulnerable periods of their
growth as components of the health
programmes. Effective and safe
herbal remedies could be promoted
to manage a wide range of
children’s diseases using local eco
system resources. In fact, Indian
systems of medicine and traditional
health practitioners need to be
meaningfully integrated into the
country's primary health care efforts.
This is crucial, considering that in many
areas, traditional healers and dais
enjoy greater acceptance and respect
from the community than other health
workers. Integrate ISM in the provision
of reproductive and child health
services, and in reaching out to
households (National Socio
Demographic Goals for 2010, National
Population Policy).
12. Set up a Health Management
Information System (HMIS) in order
to enhance responsiveness of the
health system, better planning from the
district level, monitoring and
implementation (Tenth Plan).
13. Reorganise and restructure PHC
institutions at the rural level as per a
Geographical Information System
(GIS). Re-organise urban primary
health care institutions and linking
them to existing secondary and tertiary
care institutions.
14. Ensure recruitment and staffing to
provide full complement of personnel.
15. Meet critical gaps in critical man-power
through re-orientation, up-grading of
skills, and redeployment of existing
manpower.
16. Improve and sustain national effort to
protect and promote the social practice
of breast-feeding of infants.and support
exclusive breast-feeding for the first 6months, with subsequent introduction
of home based complementary
foods as a key public health measure.
15
17. Meaningful decentralisation will result
only of the convergence of the national
family welfare programme with the
ICDS programme is strengthened. The
focus of the ICDS programme on
nutrition improvement at village levels
and on pre-school activities must be
widened to include maternal and child
health care services (National
Population Policy 2000, Operational
strategies).
18. Adding hepatitis to the vaccines is
likely to result in further deterioration of
immunisation coverage.
19. All that is mentioned about malaria
control is being said for last 50 years
and malaria remains stand-fast. Unless
out public health system is
strengthened, malaria, tuberculosis,
STDs, etc., will continue to have upper
hand over man.
20. Availability and accessibility of services
- a close examination of services
available for children needs to be done.
There should be focus on equity of
accessibility.
21. There is serious concern about the
increasing privatisation and decreasing
budgetary allocations as well as
increasing dependence on external aid
for health services.
22. Campaigns like pulse polio takes away
focus from other critical diseases under
the immunisation programme.
23. Need for percolation of information.
24. The impact of other policies, such as
the Agricultural policy, forest policy
should be taken into account for their
impact on food, nutrition and livelihood
security.
25. Vision 2020 (Planning Commission)
has clearly identified a higher
commitment of resources. This should
be taken up by the government
seriously.
26. The family should be identified as a
unit and measures taken to strengthen
it.
27. Health problems such as juvenile
diabetes, cancer, anorexia should also
be given its due consideration. Do we
have to wait for the affected population
of children to reach 'sizeable numbers’
for it to be noticed? Moreover, what
really is this sizeable number’?
28. There is a tremendous impact on
health as a result of environment
degradation. This should be addressed
in the NPA.
29. Health services in urban areas should
be made more child-friendly and
accessible. There should be
modification of the permissible age limit
in the paediatric ward, since otherwise
they are either sent to the general ward
or to the female ward.
30. Regulation of health care has to be
enforced. All states must have
comprehensive legislation on
infrastructure and quality standards for
clinical establishments I medical
institutions. A statutory /accreditation
mechanism would be needed to
enforce standards and quality.
31. Food and drug administration has to be
strengthened at the centre and in the
states.
The Tehth Plan has laid down a number
of priorities and strategies including 1. Strategise interventions needed on the
basis of the performance of the district.
Thus for a poor performing district, it is
essential to first improve ANC
coverage. On the other hand, a better
performing district would need
strengthening of referral services
(Tenth Plan). Districts that have a high
percentage of institutional deliveries
should essentially start focussing on
quality aspects and medical audit.
2. Make available.antenatal cards to all
pregnant women across all states.
3. The role of an ANM: Skill up gradation
of ANMs. ANM will work closely with
the AWW and will conduct material and
child health clinics in anganwadis on
specified days. ANM will serve as a
gatekeeper for referrals.
4. Promote delayed marriage of girls, not
earlier that age 18 and preferably after
age 20 (National Socio-Demographic
17
Goals for 2010, National Population
Policy).
5. Reorganisation of PHCare services in
order to fill gaps for referral services.
6. Achieve 80% institutional deliveries
and 100 percent deliveries by trained
personnel (National Socio
Demographic Goals for 2010, National
Population Policy). However, there was
an alternative view towards this Institutional delivery for every woman is
unnecessary and not cost effective.
Pregnancy is a natural phenomenon.
Proper antenatal care, diagnosis of
problem cases for institutional delivery
should be rigidly implemented. Trained
persons can safely deliver the
remaining cases. This will be costeffective. TBA as well as the vast pool
of traditional dais should be made
familiar with emergency and referral
procedures. This will greatly assist the
ANM at the SC to monitor and respond
to maternal morbidity/emergencies at
village levels (National Population
Policy 2000, Operational strategies).
Ensure adequate transportation at
village level, SC levels, zilla parishads,
Primary health centres and at
community health centres. Identifying
women at risk is meaningful only if
women with complications can reach
emergency care in time (National
Population Policy 2000, Operational
strategies).
7. Create a national network consisting of
public, private and NGO centres,
identified by a common logo, for
delivering reproductive and child health
services free to any client. The provider
will be compensated for the service
provided, on the basis of a coupon,
duly countersigned by the beneficiary,
and paid for by a system to be devised.
The compensation will be identical to
providers across all sectors. The end
user will choose the provider of the
service. A group of experts will devise
checks and balances to prevent misuse
(National Population Policy 2000,
Operational strategies).
18
8. AWC be converted into AW-cumcreches, especially in areas where
there is a large women work force
(Recommendations of the Working
Group on Child Development, Annual
Report, DWCD, MHRD, 2001-2002).
9. take are of the large unmet need in
induce abortion particularly in rural
areas and in slums. IEC activities have
to inform women that delayed abortion
and unsafe procedures can cause
problems.
10. All pregnant women should have
access to subsidised food and nutrition
security. They should be assured of a
basic minimum package of not only
ANC, but also postnatal care,
especially for all working women.
INVESTMENT
1. Increase health expenditure by
government as % of GDP from the
existingO.9% to 2.0% by 2010 (National
Health Policy 2002).
2. Increase State sector health spending
from 5.5% to 7% of the budget by 2005
and further increase to 8% by 2010
(National Health Policy 2002).
3. Ayurveda can contribute to costeffective and low external input
strategies for managing the health of
India’s children.
4. Some of the other strategies suggested
above have been identified as areas of
focus under the TenthPlan. Thus these
would not mean 'additional costs’.
5. Achieve 100 percent deliveries by
trained personnel (National Socio
Demographic Goals for 2010, National
Population Policy).
6. 100% overage for Tetanus Toxoid
immunisation
*4th June Government of India Northern
Region NGO Consultation
Working Group Recommendations:
1. Set a specific goal for the
reduction of Under-five morality
rate that has not been addressed
as a goal in the draft. Towards
this it is recommended that the
19
2.
3.
4.
5.
UNGASS goal be adopted (i.e.
Reduction in the infant and
under-five mortality rate by at
least one third, in pursuit of the
goal of reducing it be two thirds
by 2015).
Strategies stated in the ‘Citizen’s
Alternate Proposals’. It looks at
linkages with poverty,
convergence and integration of
services, issues of
accountability, stresses on
addressing neonatal mortality
rate, ISM and H, etc.
Implementation of the PNDT Act
and curbing infanticide.
Reinforce and strengthen the
role of anganwadi workers since
they have a better acceptance in
the community.
Other strategies stated in the
‘Citizen’s Alternate Proposals’.
20
2- MATERNAL HEALTH
“see below for working group recommendations made at the
Reduce Maternal Mortality Rate
GOI Northern regional Consultation held on 4lh June on the
(MMR) to 2 per 1000 by 2007 and to
National Plan of Action for children.
* by 2012 (Planning Commission).
Reduce MMR to below 100 per
CONCERNS
100,000 live births (National
Present MMR incidence levels. Specific
Population Policy)
interventions required to sharply increase
‘Reduce MMR to 100/100,000 by
coverage levels. (2000: MMR: 1998/99: 540
per 100,000 births.
2010 (National Health Policy)
OBJECTIVES:
Up from 437/100,000 in 1992/93).
2/1000 = 200/100,000 : i.e. slash to less than
‘UN 37(1)
half of present rate by 2007, and to less than
‘UN 37(6)
a
quarter by 2012: HOW?
‘Achieve 80 per cent institutional
RISK:
With gender-blind family planning,
deliveries and 100 per cent deliveries
impact
on girl foetus survival prospects.
by trained persons (National
Population Policy).
GOALS
STRATEGIES
100% coverage for Tetanus Toxoid
Provide basic maternity services to
immunisation
must be achieved and sustained.
all pregnant women.
Target
years
should
be specified for action.
Prevent maternal morbidity and
Specify
sub-goals
for
MMR reduction
mortality.
‘Develop a national programme to
STRATEGIES
provide neo-natal care at grassroots
The Tenth Plan has laid down a number of
* level.
priorities and strategies including ‘Strengthen health interventions
=>
Strategise interventions needed on
under RCH Programme (a) effective
the basis of the performance of the
MCH care (b) increase access to
district. Thus for a poor performing
contraceptive protection (c) safe
district, it is essential to first improve
management of unwanted
ANC coverage. On the other hand, a
pregnancies (d)nutrition services to
better performing district would need
vulnerable groups (e) preventionand
strengthening of referral services
treatment of RTI/STD (f) prevention
(Tenth Plan). Districts that have a
and treatment of gynaecological
high percentage of institutional
problems (g) screening and treatment
deliveries should essentially start
of cancers.
focussing on quality aspects and
‘Strengthen National Anaemia
medical audit.
Control
=>
Upgrade skills of ANMs.
=>
Make available antenatal cards to all
pregnant women across all states.
=>
ANM will work closely with the AWW
and will conduct material and child
health ciinics in anganwadis on
specified days.
=>
ANM will serve as a gatekeeper for
referrals.
=>
Reorganisation of PHCare services in
order to fill gaps for referral services.
=>
Promote delayed marriage of girls, not
earlier than age 18 and preferably
after age 20 (National Socio-
21
Demographic Goals for2010, National
Population Policy).Study prospect of
setting 2015 goal of 21 for both
sexes? Project law change by then?
=>
Achieve 80% institutional deliveries
and 100 percent deliveries by trained
personnel (National Socio
Demographic Goals for 2010, National
Population Policy).
=>
Achieve 100 per cent registration of
births, deaths, marriages and
pregnancy (National Socio
Demographic Goals for 2010, National
Population Policy).
=>
Set and implement minimum basic
performance standards: TBA
licencing? ...TBAs as well as the vast
pool of traditional dais should be
made familiar with emergency and
referral procedures. This will greatly
assist the ANM at the SC to monitor
and respond to maternal
morbidity/emergencies at village
levels (National Population Policy
2000, Operational strategies).
=>
Ensure adequate transportation at
village level, SC levels, zilla
parishads, Primary health centres and
at community health centres.
Identifying women at risk is
meaningful only if women with
complications can reach emergency
care in time (National Population
Policy 2000, Operational strategies).
=>
The ANM at the SC should be
responsible and accountable for
registering every pregnancy and child
birth in her jurisdiction and for
providing universal ante natal and
post natal services (National
Population Policy 2000, Operational
strategies).
Q: Is Health Service to be made solely
responsible for birth registration? Or with ICDS
workers?
Q: Is ANM also to be responsible for
tracking/registering all neonatal/infant deaths?
Q: Is ANM also to be responsible for successful
/full-term completion of every pregnancy?
Suggestion: A local team should take overall
responsibility. ANM could serve as the first line
22
of responsibility, with backup from AWW, school
teacher, panchayat members, one each for each
such registration etc., with local NGOs also
involved where available.
Create a national network consisting
of public, private and NGO centres,
identified by a common logo, for
delivering reproductive and child
health services free to any client. The
provider will be compensated for the
service provided, on the basis of a
coupon, duly countersigned by the
beneficiary and paid for by a system
to be devised. The compensation will
be identical to providers across all
sectors. The end-user will choose the
provider of the service. A group of
experts will devise checks and
balances to prevent misuse (National
Population Policy 2000, Operational
strategies).
=>
Institutional delivery for every woman
is unnecessary and not cost-effective.
Pregnancy is a natural phenomenon.
Proper antenatal care, diagnosis of
problem cases for institutional delivery
should be rigidly implemented.
Trained persons can safely deliver the
remaining cases. This will be costeffective.
=>
At- risk cases must however be
identified by the various nodes of this
multi-pronged health system, provided
with ante-natal care, and helped to
deliver in a suitable health facility.
=>
AH pregnant women should have
access to subsidised food and
nutrition security. They should be
assured of a basic minimum package
of not only ANC, but also postnatal
care, especially for all working
women.
*4th June Government of India Northern
Region NGO Consultation
Working group Recommendations
1. The implementation of the RCH
programme should be based
on the performance of districts
as laid down in the Tenth Plan.
2. Mothers should be given
=>
23
mother and child protection
cards.
3. All pregnant women should
have access to subsidised
food and nutrition security.
They should be assured of a
basic minimum package of not
only ANC, but also postnatal
care, especially for all working
women.
4. Strategies stated in the
‘Citizen’s Alternate Proposals’
have been endorsed.
_________________________________
24
~3JMUTRmoKi
----- ------------- -------------- ______________
National Policy Commitment
GOI National policy for children Draft of June2001
Right to Nutrition
The State shall take steps to provide all
children from families below the poverty
line with adequate supplementary nutrition
and undertake adequate measures for
ensuring environmental sanitation and
hygiene.
NATIONAL GOAL
Objectives:
*UN 37(5)
*UN 37(22)
*UN 37(13)
*Reduction in malnutrition (National Nutrition
Mission)
*Reduction/elimination of micronutrient
deficiencies relating to iron, iodine and Vitamin
A etc. (National Nutrition Mission)
*Reduction in chronic energy deficiency
(National Nutrition Mission)
*Address the problem of malnutrition in a
holistic manner and accelerate reduction in
various forms of malnutrition especially in
women and children such as under-nutrition,
anemia, vitamin A deficiency, iodine deficiency
disorders and chronic energy deficiency in
adults.
STRATEGIES
*lmplement the National Nutrition Mission
* Provide safe and adequate nutrition for
infants, by promoting breastfeeding, and by
ensuring the proper use of breast-milk
substitutes.
*Supply iodated salt in place of common salt
*Provide oral dose of Vitamin A, every six
months, starting after six months of birth to five
years.
improve nutritional and health status of
children below the age of six-years.
*Promote setting up of Energy Food/Ready-toEat Food units.
*Generate awareness on various aspects of
nutrition and promote nutrition aspects of public
health.
*Boost universalisation of primary education by
impacting upon enrolment, attendance and
retention and the nutritional needs of children
studying in classes l-V.
‘see below for working group recommendations made
at the GOI Northern Regional Consultation held on 4th
June on the National Plan of Action for Children
CORE CONCERN
Nutrition is a fallout of food insecurity,
and negative social practice aggravates
it. Food security is a fallout of many
factors converging to hit the
disadvantaged: disenfranchisement,
improper distribution, land use and
forest policy, water access,
displacement. The NPA must address
underlying problems, not just deal with
symptons. The Tenth Plan says
that“state subsidies must continue”.
NPA should specify food security
actions.
CONCERNS
1. The growing food insecurity, starvation
and malnutrition in the country in the wake
of higher food availability.
2. The problem lies not with availability, but
improper distribution of food. The problems
are of affordability and accessibility to
available food stocks in the country.
3. Food security has to be understood and
analysed in the context the country’s
policies related to agriculture, natural
resources such as forests, water and land.
These are manifested in the shift from food
crops to cash crops, loss of access to
traditional nutrition sources such as
forests. The situation is compounded by
the policies on public distribution that limits
itself to only those below poverty levels.
The current PDS system assumes that
there is income to buy food Indeed there
25
has been a move towards “food
disenfranchisement" leading to fall in
nutrition levels.Present inefficiency and
corruption in the working of the PDS must
be corrected.
4. The entry of new commercial food
products in the market and its influence on
food habits has delegitimised the local
nutritious food.
5.lntra-household disparity based on
discrimination on the basis of gender,
(dis)ability. One of the most violent and
hidden form of abuse is nutritional abuse.
PRIORITIES
FOOD SOVERIGNITY
IMPROPER FOOD DISTRIBUTION
FOOD FOR WORK PROGRAMME TO BE
RE-STARTED
LIVING WAGE: Minimum wage standards
must be protected FOR ADULTS.
INCREASE PURCHASING POWER OF
INDIVIDUALS
IMPACT OF OTHER POLICIES ON
NUTRITION
COMMERCIAL MILK SUBSTITUTES
CANNOT REPLACE BREAST MILK
STOP SYSTEMATIC DELEGITIMISING
OF LOCAL AND NUTRITOUS FOODS
AND THEIR REPLACEMENT WITH
FOOD THAT IS NOT NUTRTIOUS BUT
HAS COMMERCIAL VALUE
THE CURRENT PDS SYSTEM ASSUMES
THAT THERE IS INCOME TO BUY FOOD
GENDER DISPARITY EVEN WITHIN
FAMILIES IN NUTRITIONAL LEVELS
(INTRA-HOUSEHOLD DISPARITY)
ACTUAL TARGETS AND PROVISIONS
OF THE NATIONAL NUTRITION
MISSION NEED TO BE LOOKED AT:
FOOD STAMPS FOR FOOD SECURITY
MOVE FROM NUTRITION SECURITY TO
NUTRITION SOVEREIGNTY
Adopt the 5-point BPNI strategy to
Provide outreach counselling to all families
on infant and young child feeding as a
‘service.’
26
Train all health workers in infant and young
child feeding counselling.
Promote/provide for exclusive
breastfeeding for first 6 months.
Promote appropriate, adequate
complementary feeding feeding from 6th to
24th month.
Target mothers, young children,
adolescents as priority groups for improved
food security measures.
GOALS
1.
2.
Reduction in proportion of LBW babies
to one tenth of all births.
Reduction in the percentage of
underweight children by more than half
(especially those under the age of
three).
3.
Reduction in the prevalence of
anaemia by nearly 50% in severely
anaemic children and by 35% in
children with moderate anaemia and
bring down the prevalence of maternal
anaemia to less than 25%.
4.
Reduction of the poverty ratio by more
than 15 points by 2015.
5.
Enhance early initiation of breast
feeding to more than 75 per cent by
2015. Promote exclusive breastfeeding
for 6 months. Provide for related
nutrition and time supports to mothers.
6.
Community mapping of iodine and
other mico-nutrient deficiency disorders.
Community education, and measures to
compensate the deficiencies.
7.
Proper understanding amongst all care
givers and decision makers in family of
nutritional needs of young children,
adolescent girls and pregnant and
lactating women, [re types of foods,
amounts, frequency of feeding,
debunking taboos, rest for P/L women.]
STRATEGIES
27
Improved food distribution, making it
accessible
to all persons in need.
This will need the redefining of
“persons in need” beyond the current
BPL calculations.
2. Ensuring the strengthening of existing
nutrition interventions through National
Nutrition Mission Food security for
children is
inextricably linked to the
income security of adults in the family.
Interventions such as food for work
programme to be re-started along with
creation of opportunities for living wages
for adults leading to increase in purchasing
power of individuals and families.
3. Dissemination of nutrition information on
infant and young child feeding, low cost
nutritious foods for achieving nutrition
security, significance of safe drinking water
and sanitation, health and family welfare
issues and research and development
would be made
0-3 years
o Onset of malnutrition in children should
be prevented by promoting sound
infant and young child feeding
practices with special emphasis on
breast feeding and complimentary
feeding.
• Universal colostrum feeding, early
initiation of breast-feeding, exclusive
breast-feeding up to six months,
introduction of semisolids at six
months.
• Special priority for children below 24
months, through the ongoing direct
feeding programme of the Special
Nutrition Programme.Sensitisation of
care-givers re types of foods, amounts,
frequency of feeding [ reality is that
quite often this age group cannot or is
not brought to centres for such feeding,
and take away is distributed to all
children [&adults too] anyway best is to
create awareness of importance of
proper feeding practices]
• Encouragement of breast-feeding and
discouragement of milk substitutes.
This will need the provision of maternity
1.
28
benefits, creches and day care centres
to facilitate breast-feeding.Provision
must also be made for inputs to
support proper maternal nutrition.
3-6 years
• Provision of supplementary nutritious
through ICDS and day care centresMuch more needs to be done on
nutrition awareness and training for
women re. needs of different agegroups. Promote simple ways of
preparing nutritious foods that will keep
for the day while women work outside,
and avoidance of junk foods.
• 6-12 : Mid-day meal schemes. Nutrition
education to children at all levels in
appropriate ways including lessons
based on it, songs, games, art and
participatory gardening [possible even
in urban areas in old cans, etc.]
o 12-14 : Sustained learning, and more
sophisticated/detailed discussions of
issues, add importance of adolescent
nutrition, link with empowerment
issues, etc.
Increasing production of locally available
coarse grains and making these available
at subsidised rates through the Targeted
Public Distribution System (TPDS). Focus
on nutrition security for families
especially for the most marginalised as
well as to children who do not live within
families. However, is it conducive to move
towards nutrition security without looking at
food security?
4.Formation of grain banks and
formation of self - help groups, micro
finance and micro enterprise
deyp|ppment> food for work
programmes (and other programmes
under the Sampoorna Gramin Rozgar
Yojanaj, sociaf security programmes,
mid-day meals, etc.
5.Make use of the findings of the three
surveys that reviewed the ICDS services
for follow up action.
6.Ensuring availability of cereals and
pulses and seasonal vegetables, (such as
millets as proposed by the Tenth Plan).
29
7.The NPA draft also mentions setting up
of ‘energy food/ready to eat food units’.
This is not culturally and financially the
best option! The focus should be more on
initiatives such as horticulture etc. Thus the
strategies should be sustainable and
locally conducive.
8.Operationalising universal screening of
all pregnant women, infants, preschool
children, school children, adolescents and
children not within the formal
structures of targeted interventions.
9.Preparedness to address crisis situations
of food scarcity.
10.AII the schemes, including the National
Nutrition Mission, that have the focus of
improving food and nutrition security of
families need to be implemented
effectively.
11.Schemes need to be urgently put in
place for children (including
adolescents) that are not within families
and formal structures of interventions.
Thus there should be schemes for street
children, children headed households
(especially in case of AIDS orphans,
children orphaned as a consequence of
natural and man-made disasters, children
of sex workers and child sex workers, and
others).
12.Create functional linkages between the
community (local population in general)
with formal structures - PRIs, ANMs and
AWWs, etc. The focus should be to
implement the 73rd and 74th Amendments
and make them work towards addressing
local needs.
13.Screening for common nutritional
deficiencies especially in vulnerable
groups and initiating appropriate remedial
measures (Tenth Plan).
14. Focussed interventions aimed at
improving the nutritional status of children
under 6 years, with special priority for
children below 24 months, through the
ongoing direct feeding programme of the
Special Nutrition Programme.
15. Nutrition education with a special focus
on ensuring Universal colostrum feeding, excusive
breast feeding up to six months,
30
introduction of semisolids at six months.
The present draft of the NPA talks of
‘ensuring proper use of breast milk
substitutes'.
16.Semantics are important. This could be
translated as ready made substitutes
rather than khichdi, mashed bananas, etc.
Thus ‘home based milk substitutes’ seems
more appropriate.
17. Promote equitable inter-family
distribution.
18.lmprove the purchasing power of
people through income generating
activities. Focus on empowerment of
women.
19.0nset of malnutrition in children
should be prevented by promoting sound
infant and young child feeding practices
with special emphasis on breast feeding
and complimentary feeding .
20. Production and consumption of low cost
nutritious foods from locally available
food materials be promoted in
partnership with public and private sector
involving SHGs and community so as to
ensure accessibility of these foods to
rural masses.
21 .National programmes to address under
nutrition and micronutrient malnutrition,
including the ICDS, should be reoriented,
intensified and expanded
A
22.
system of nutrition monitoring,
mapping and surveillance be established in
the country from community level to the
national level utilising the network of ICDS
Community members (youth, elders) as
well as NGOs should be involved.
23.The Food and Nutrition Board had been
promoting setting up Energy food/Readyto-eat food units through State
governments. Twelve units for Community
based production of nutritious foods
involving social organisations and
women groups are producing low cost
nutritious foods at the community
levels for use in supplementary feeding
programmes This should not be read in
isolation of the governments policy on
breast-feeding.
The
24.
critical requirement for making
major progress on malnutrition is
31
improvement in early child care practices.
Care for girls and women during
pregnancy and lactation; their physical
health and nutritional status, autonomy and
respect in the family and considerations of
workload and time; birth spacing and
delayed age at first birth; and equal access
to education are essential components of
care practices. These are all actions that
need to take place within the family and
are dependent on the knowledge,
understanding and practices of mothers,
fathers, older siblings and other caregivers.
The nutrition challenge is, therefore, one
of reaching into the communities and
homes of new-borns and inducting a
massive social and cultural change in
care practices. Community and family
education and outreach must be ongoing,
not a reaction to the arrival of a new baby.
Measures must provide IEC to home and
community , not just homes of newborns,
in an ongoing IEC and training programme
focusing on the various age-groups -0-3,
3-6, pre-school child, adolescents, women
(pregnant and lactating in particular).,
espcially P and L. specific points for each
mentioned above
25.National Nutrition Mission would
strengthen existing nutrition interventions.
Concerted efforts would be made towards
dissemination of nutrition information on
infant and young child feeding, low cost
nutritious foods for achieving nutrition
security, significance of safe drinking water
and sanitation, health and family welfare
issues and research and development
would be made.
26.Nutrition supplements/inputs must
reach acan improve only on improving the
purchasing power.for most marginalized as
a minimum support, a necessary but not
sufficient condition. Such children and
households also need, as do others, IEC
and efficient implementation of stipulated
policies and programmes ok.
27. Promotion of food for work programmes
in order to promote food security. There is
need to resolve center-state disputes
about responsibility and cost-sharing on
this, especially in times of drought and
32
other disaster conditions.
28.There has been a shift from food
security to nutrition security in the Tenth
Plan. Is this shift beneficial considering the
fact that basic food security has not be
ensured to all
29.Promotion of food for work programmes
in order to promote food security.
30.The Public Distribution System:
The PDS system has to be made more
people centric. So far, it has not
necessarily benefited the poorest as
envisaged. Reportedly, there have been a
number of irregularities in the functioning
of the PDS. These have to be removed.
Further, it has been reported that ‘mitti ka
teP (along with sugar) will be taken off the
list of commodities available under the
PDS. However, the poor use it as fuel.
Thus it should not be removed. Moreover,
there need to be more fool proof as well as
effective procedures to identify
beneficiaries. Moreover, the issue of
subsidies needs to be looked into. The
states should bear the responsibility
towards the transportation costs.
There are three main points that need to
be highlighted that are associated with the
concept of the PDS - 1. Traditional foods
are being delegitimised, especially through
the PDS. The local population in a
particular area sells of the nutritious food
that they have procured through traditional
sources (forests etc) and sell it in the free
market only to use the money to purchase
less nutritious commodities available
through the PDS such as polished rice. 2.
Moreover, PDS is essentially a concept
associated with a stable population. Thus
mobile populations pass through the sieve.
And these are the most vulnerable. 3. The
PDS necessitates a regular monthly
income to purchase essential commodities.
However, regular income is not a reality of
a vast majority of the ‘beneficiaries’ of
PDS.
31 .Traditional food promotion can be done
through the PDS.
A
32.
number of poor families cannot get
the BPL cards since they get ‘pushed’ in to
33
the APL strata. For instance, tribals have
been uprooted from their traditional
habitation and are given some land and a
‘pucca’ house. The land may not be
necessarily fertile. Moreover, since they do
not come from 'traditionally farming
families’ they cannot really make use of the
'benefits’ and tend to even get further
marginalised - and yet be categorised as
APL.
Marginlisation
33.
gets more pronounced
even in the case of the urban poor. They
are unable to get the benefits of the PDS
due to lack of BPL card availability.
34.The TenthPlan looks into promotion of
locally grown grains such as millets. This
should be available and promoted.
The
35.
functioning of the PDS should be
as per the local needs. Moreover, since
often the PDS becomes a source of a
power struggle amongst local villagers,
especially if the PDS is managed by a
higher caste person, marginalization sets
in further. Thus PDS management could in
fact be handed over to the community,
preferable to a representative from
SC/ST/BC.
36.Urban food and nutrition disorders
(such as obesity and anorexia) should also
be addressed.
37.Men and their roles in promoting the
heath and food security of women should
be addressed.
38. Promotion of exclusive breastfeeding
for the first 6 months followed by promotion
of home based supplementary foods along
with support services for lactating mothers.
POLICY
1. Focus on nutrition security (Tenth
Plan) for families especially for the
most marginalised as well as to
x children who do not live within families.
These would need policies that
specially target interventions for their
benefit.
2. Proactive identification of vulnerable
groups of children for provision of
nutrition security and management of
under-nutrition.
3. Ensure a focus equitable distribution
34
(Tenth Plan) of benefits to enhance
nutrition security.
4. Nutritional security of women should
be seen as an important contributor to
the nutrition security of children.
5. Poverty alleviation programmes
(Tenth Plan) and improving purchasing
power of people with enhancing
nutrition security of children as a crucial
objective.
INVESTMENTS
While these recommendations are in part
derived from State policies and plans,
including the Tenth plan, provision of
needed resources must be assured. The
National problem of malnutrition should be
addressed in a ‘mission mode approach’
with enhanced budgetary support.
*4th June Government of India Northern
Region NGO Consultation
Working Group Recommendations:
1. De-worming should be promoted
as a strategy to address anaemia
in children.
2. Promote locally produced food
and grains to address food
security. At the same time
explore cheap fortification
options.
3. Other strategies stated in the
‘Citizen’s Alternate Proposals’.
35
_4. WATER AND SANITATION_________
NATIONAL GOAL
drLul,la9eS
haVe sustained access to potable
drinking water within the Plan period (Planning
Commission)
a
50% of rural population with access to hvqienic
sanitation (Planning Commission)
OBJECTIVES
UN 37(32)
* UN 37 (25)
* Adequate safe drinking water facilities should
be provided to the entire population both in urban
and in rural areas. Irrigation and multi purpose
projects should invariably include a drinking
water component, wherever there is no
alternative source of drinking water. Drinking
water needs of human beings and animals
should be the first charge on any available water.
(National Policy)
Rural habitation in the country are to be
covered by drinking water supply facility by 2004
(Rajiv Gandhi Drinking Water Mission)
* Generate felt need through awareness creation
and promotion of health and hygiene (Tenth
Five-Year Plan)
*Cover schools in rural areas with sanitation
facilities (Tenth Five-Year Plan)
Encourage
suitable
cost
effective
and
appropriate technologies (Tenth Five-Year Plan)
STRATEGIES
* Cover the residual un-covered/partially covered
and quality affected rural habitations.
* Evolve appropriate technology mix, to improve
performance and cost effectiveness of ongoing
programmes and to create awareness on the use
of safe drinking water.
*
Undertake conservation
measures for
sustained supply of drinking water
Accelerate coverage of rural population,
especially among households below the poverty
line (BPL) with sanitation facilities.
* Eradicate manual scavenging by converting all
existing dry latrines into low cost sanitary
latrines.
Encourage cost effective and appropriate
technologies in sanitation
—
These comments and recommendations include those made by the
GOI northern regional consultation of 4,h June and southern regional
consultation of 16th June 2003, reflecting the conclusions presented by
government and NGO participants.
CONCERNS
Basic water security is increasingly at risk.
Continuing low coverage and poor standards of
sanitation perpetuate chronic health hazards.
®
®
o
»
•
•
•
•
India needs a comprehensive water policy for
drinking, agriculture and industrial uses and
including protection of watersheds, groundwater
resources, quality of water.
A minimum per capita availability of safe drinking
water should be a right, for rural, urban, tribal and
migrant populations.
Urban poor problems of water availability, waiting
time, timing, frequency and true costs must be
addressed.
Increasing privatisation of water is further
increasing this risk by bringing in anew
dimension to both access and cost
The share of available water for agriculture is
pressured by increasing urban and industrial
demand. This must be corrected.
Depletion
of
water
is
combined
with
contamination of water. Fluorosis and arsenic
poisoning pose additional hazards.
The proportion of population with any form of
sanitation access within the compound or within
reach has increased by only 6% in the last
decade. Only 36% of the population (and only 19
% of the rural population) currently have access
to sanitation and this includes all classes.
Educational measures must address constraints
of low awareness of importance and low levels of
usage, poor.
Safe and adequate drinking water supply must
remain a State priority. Water must not become a
commercial commodity, and safe water provision,
must not become a private sector subject.. The
Tenth Plan points out that statistics of high
coverage do not reveal realities of_poor actual
supply, poor access, poor quality and irregular
supply. The Plan also proposes private sector
involvement in water supply (Tenth Plan, pp 634635).
___________ ______________________
36
•
Improved water conservation and management
are critical needs. A key action should be taken
to
address
lower
precipitation
due
to
desertification — loss of forest cover, drying up of
lakes, rivers and ponds, soil erosion, urban lakes
and tanks, etc.
GOALS
-
Ensuring the right of children to safe drinking
water is a top priority of the Government of India
(Annual Report, DWCD, MHRD, 2001-2002, pg.
61).
1. Providing adequate water and sanitation
services (UNGASS
2. All villages to have sustained access to
potable drinking water within the Plan period
(Planning Commission)
3. 50% of rural population with access to
hygienic sanitation (Planning Commission)
4. Underserved urban areas will receive
minimum basic supply
5. The above goals will not be subject to
achievement of 8% growth rate.
6. Achieve a per-capita right over water for
drinking and sanitation.
7. One fifth of the total rural households have
sanitation facilities. The sanitation coverage
should be expanded to all districts by the end
of the Tenth Plan by sanctioning Total
Sanitation Campaign.
8. The norms for providing safe drinking water
to rural habitations are:
•
40 litres of safe drinking water per capita
per day for human beings,
•
One hand pump or stand post for every
250 persons,
•
The water source should exist within the
habitation or within 1.6 km in the plains
and within 100 metres of elevation in the
hilly areas. Cover all rural habitations
with drinking water by April 2004.
Water and sanitation problems in urban
slums are even more acute than in rural
areas. This is a situation that needs to be
taken up and addressed on a priority basis.
10. Each home should have water supply, space
to cook, electricity and a private toilet.
11. Cover all open drains. Provide a proper
sewerage system.
__________________
___ _________ ______ _
9.
37
STRATEGIES
1.
2.
3.
4.
5.
6.
7.
8.
9.
Cover the residual un-covered/partially
covered and quality affected rural and urban
habitations. Provision and investment for
water and sanitation must be consciously pro
poor and pro-child, targeted in favour of the
most disadvantaged groups. This would
mean ensuring coverage of all anganwadis,
schools and progressively reducing the
distance between the water source and the
household. The state should move to levy
some charge on the better off consumer, and
charge heavy agricultural water users the
correct prices, and cross-subsidising the
poor.
All coverage must be linked to morbidity
prevention connecting to actual present
causes. # Monitor quality of water as needed,
penalise water polluters and ensure they take
permanent remedial measures.
Evolve appropriate technology mix, to
improve performance and cost effectiveness
of ongoing programmes and to create
awareness on the use of safe drinking water.
Undertake conservation and revitalisation
measures for sustained supply of drinking
water. Promote rainwater harvesting in both
rural and urban areas.
Accelerate coverage of rural and urban
population
with
sanitation
facilities,
consciously targeting households that are
below the poverty line (BPL), or belong to
marginalised groups.
Eradicate manual scavenging by converting
all existing dry latrines into low cost sanitary
latrines and providing alternative sources of
livelihood. This is to be undertaken as a
matter of urgency, with clear time targets.
Encourage cost effective and appropriate
technologies in sanitation. Prioritise Garbage
management and drainage facilities.
Design and promote child-friendly toilets,
child-scaled washbasins and water closets.
Develop compact toilet-cum-waste disposal
units and low water use toilets, particularly for
use in schools and institutions.
Community education must create awareness
on sanitation and hygiene among all,
especially rural poor and urban slum-
38
dwellers. IEC must link with understanding of
diseases/disease transmission, importance of
hand washing with soap after defecation and
before
eating
and
cooking;
safe
cleaning/disposal of a child’s faeces. It should
also stress the privacy and safety factors for
girls and women.
10. Implement the "swajaldhara scheme” -a
demand responsive community led and
participatory scheme throughout the country
in all the not-covered (NC) and the partially
covered (PC)habitations to provide at least 40
Ipcd drinking water to the rural people where
community participation is forthcoming. The
scheme also provides for drinking water
facilities to schools in rural areas.
4th June Government of India Northern Region
NGO Consultation:
Working Group Recommendations:
The focus on provision of water and
sanitation services should be both rural
and urban.
2. Installation of hand-pumps does not
ensure supply of safe drinking water. A
habitation or settlement may have been
identified as having 3 hand pumps, but
often none of them is working. Support
and maintenance service are essential.
3. Implement all other strategies stated in
the ‘Citizen’s Alternate Proposals’.
1.
5. FARI V r'L-JH rM j/-s/-xr-v - ------------------- ----
---- -
iiL_u/nkJkJU CARE
National Policy Commitment
GOI National Policy for Children Draft of June 2001
Right to early childhood care
a. The State shall in partnership with community
provide early childhood care for all children and
encourage programmes which will stimulate and
develop their physical and cognitive capacities.
b. . The State shall in partnership with
community aim at providing a childcare centre in
every village where infants and children of
working mothers can be adequately cared for.
c. The State will make special efforts to provide
these facilities to children from SCs/STs and
marginalised sections of society.
UNGASS GOAL :UN 36 (e):
Development & implementation of
national early childhood development
policies and programmes to ensure the
enhancement of children’s physical,
social, emotional, spiritual and cognitive
development
NATIONAL GOAL
*Same as above.
OBJECTIVES
UN 37(10)
STRATEGIES
-* Universalise and improve quality of
early childhood care in remote and socio
economically backward area with primary
attention given to girls, through the ICDS.
-* Provide day care services for the
children (0-5 years) of mainly casual,
migrant, agricultural and construction
labourers.
-* Improve the nutritional and health
status of pre-school children in the age
group of 0-6 years.
-* Reduce the incidence of mortality,
morbidity, malnutrition and school
dropout.
-* Enhance the capability of the mother to
look after the normal health and
nutritional needs of the child through
proper nutrition and health education
* These comments and recommendations include those made by
the GOI northern regional consultation of 4,h June and southern
regional consultation of 16th June 2003, reflecting the conclusions
presented by government and NGO participants.
CONCERNS
1. Persistent stagnation of first day, first
week and first month morbidity and
mortality
2. Persistent proportion of children born
with low birth rate. 1/3 of all births
continue to be low birth weight.
3. Persistent short-fall of minimum basic
preventive and protective services.
4. Persistent low quality of state childcare
services and the persistent failure of
targeting the 0-3 year age group.
5. Lack of services for the poorest,
transient, “illegal” or “unauthorised”
groups such as pavement dwellers and
squatters.
TAKE UNGASS GOAL (40(a)
ADD DEVELOPMENT GOALS.( Especially for
0-3 age group)
Target action to address:
DIFFERENTIALS BETWEEN: 0-3, 3-6.
Questions:
WHAT SERVICES, WHAT INFORMATION AND
TRAINING DO PARENTS NEED FOR
HOLISTIC DEVELOPMENT?
PROVISION FOR CRECHES and day care
centers TO FACILITATE BREAST FEEDING
40
and for holistic development near homes and
workplaces and at ICDS centers.
POLICY
T To reaffirm the commitment of the
Development of Children’ with a special focus
on the early childhood development, not only as
the most desirable investment for the country’s
future but also as the right of every child to
achieve his/her full development potential.
2. To adopt a rights based approach to the
development of children, as being advocated by
the Draft National Policy and Charter for
Children.
3. Specific interventions to address the Tenth
Plan observation that the early childhood years
- especially the pre-natal to first three years -are the most crucial and vulnerable period in life
for the achievement of full human development
potential and cumulative life-long learning. This
is the time when the foundations for physical,
cognitive, emotional and social development are
laid.
INVESTMENT
Set up necessary co-ordinating mechanism for
converging services, pooling resources of
related sectors utilising both manpower and
infrastructure to address the ‘holistic’ and the
‘whole child approach’ towards better early
childhood care and development (Tenth Plan).
4th June Government of India Northern
Region NGO Consultation:
Working Group Recommendations:
1. Very young children also have mental
health needs. These should be a key
component in early childhood care.
2. Create an environment to promoter
better care practices for very young
children.
3. Creche facilities should be provided.
The option of mobile creches should
be explored seriously, especially in
areas where the woman has to travel
long distances to work and older
siblings adopt the role of caretakers,
thereby missing out on education and
on childhood.
41
4. Other strategies stated in the
‘Citizen’s Alternate Proposals’.
5. The group recommended that the
NPAC document consider replacing
the term ECC with Early Childhood as
the latter was a more comprehensive
umbrella under which the elements of
care, development, protection ,
nutrition and related issues could be
viewed together. In current practice,
protection needs of young children
had not entered the conceptual/
operational frame of ECC or ECCD
and the NPAC provided an
opportunity to correct this limitation.
6. Disaggregated Data
It is recommended that priority be
given in the NPAC to the collection of
disaggregated data on the 0-6 age
group, its analysis and use for
targeted planning.
Involvement of local self government
bodies, community and youth in
collection of such data should be
encouraged to develop ownership of
the issues.
Mapping of who are the most needy is
essential so that resources can be
directed to reach the most vulnerable.
7. Directive from the National Policy for
Children 1974 regarding the right to
Early Childhood Care to be
incorporated as a policy directive in
NPAC 2003.
8. All poverty alleviation programmes,
particularly those for SC/STs should
be scrutinized to ascertain how child
friendly they are.
9. Safety and Protection issues for 0-6
age group have not been addressed.
Centre based care when mothers are
at work as well awareness of issues of
child sex abuse require attention.
Panchayat training has to provide
orientation to the existence of abuse
within families and how it can be
tracked.
10. NPAC 2003 needs to put in place a
strong Monitoring Mechanism and an
42
empowered structure to ensure InterSectoral Co-ordination as current
inter- departmental meting from time
to time do not serve the purpose of
ensuring the required synergistic
action for children.
11. NPAC vision must stretch beyond the
10th Plan and set progressive targets
that will cover 11th and 12th Plans.
12. Specific recommendations
disaggregated by age
0-3 Age group
i. Pre-natal
The current status of the Health care
system was a matter of concern. It
was recommednded that NPAC
commits to a strong thrust for
improving access to and the quality of
PHC services and the development of
a good public health infrastructure (
water sanitation). This should be
considered as essential for
maintaining the health and care of the
pregnant women. Specifically,
reorganization of Health Care
personnel, attention to infrastructure
of the Primary Health Centres,
availability of drugs, skilled personnel
etc. needed to be prioritized.
Information and awareness amongst
families on the needs and care of the
pregnant woman and of the child was
stressed.
Highlighting the declining sex ration
was necessary and strict monitoring
of the PNDT Act required.
ii. Birth
• Action towards Improved quality of
service and accessibility to PHCS,
availability of skilled personnel, transport
for referrals in case of birth
complications was considered essential.
• It was recommended that the training and
education of dais should be undertaken
as provision for 100% institutional
deliveries appears to be an unrealistic
goal in the near future.
iii. Neonatal
The criticality of the first day/ first week
and first month after birth was singled
out as requiring a focused strategy. It
43
was recommended that Health Workers
be instructed to monitor this period
carefully. Community and volunteer
youths groups could also be encouraged
to track this period.
LBW babies being especially at risk, the
antecedent causes of LBW going back to
adolescence of the mother should be
addressed and management of ARI as
part of strategy to reduce infant mortality
be taken up in training and
communication.
iv. Maternity Entitlements
It was recommended that:
The issue of support to women for the
period delivery to 6 months through
Maternity Entitlements should be
considered as a critical strategy in
tandem with other medical and
nutrition related interventions to
reduce mortality, morbidity and
malnutrition.
Maternity Entitlements need to cover
expenses incurred during
delivery/post delivery and leave or
wage support to stay out of work for
the critical period of six months to
enable breast feeding and provide the
care essential for the infant.
The current Maternity Benefit Scheme
( Rs 500/-fortwo deliveries) is totally
inadequate to meet the above
challenges. Development of the ME
Scheme (especially for the vast
unorganized sector), its mechanisms
and the resources required for it as a
social security measure be taken up
along with Amendment to the
Maternity Benefits Act and signing of
the ILO Convention 183 on Maternity.
v. Breast-feeding
To bring about behavioural change
regarding ritual discarding of
colostrum, it was recommended that
skilled assistance was required in
addition to information. The Health
workers list of responsibilities should
include providing this assistance and
breast feeding practices should be
used as an indicator to measure
change.
44
vi. Breastfeeding and transmission of AIDS
Counselling regarding the
implications of the above needs to be
provided at pre-natal stage to enable
considered choice.
vii. Complementary feeding
This is a behaviour change issue and
requires skilled assistance. Provision
of the same must form part of the
training and work of the Health
workers.
viii. Creches and childcare support services
Creches at working places,
community based child care support
services on an extensive scale are
necessary, developed. Such services
provide the back-up support to
women to continue breast-feeding
and complementary feeding and
ensure care and safety of infants.
Labour Legislation providing creches
needs implementation and new
legislation to provide creches for the
unorganized sector put in place.
Schemes for Creches require to be
revised with attention to increased
coverage and improved norms.
ix. FP counselling and services
Access to these services needs to be
improved and the quantum of unmet
needs reduced.
x. IMNCI
IMNCI as a medical strategy requires
to be tried out and training for the
same initiated.
xi.
Learning needs of 0-3 years.
Learning needs of 0-3 have not been
addressed in ICDS. NPAC 2003 must
ensure correction of this focus
through training directions and
creation of opportunities through re
design of the programme.
3-6 Year Age Group
i.
Learning needs/ rights of 3-6 age
group have to brought to the fore and
the entire issue addressed afresh
especially in the light of the 86th
Amendment. The Directive Principle
regarding ECCD( Amended Art. 45)
has to be given content and flesh.
Pre-school component of ICDS has to
45
be strengthed and the state also has
to accept responsibility for initiating
new programmes to create
opportunities for pre-school
education. Status of the childcare
worker, training and certification of
nursery teachers, development of
norms for quality for pre-school
education and regulating the private
sector are urgent related issues.
46
^ADOLESCENTS
-------------------------------------------------------------------------------- —
National Policy Commitment
GOI National Policy for Children Draft of June 2001.
Right of Adolescents
development.
to
education
and
skill
The State and the community shall take all steps to
provide the necessary education and skills to adolescent
children so as to equip them to become economically
productive citizens, special programmes will be
undertaken to improve the health and nutritional status of
the adolescent girl.
Major Goal:
UNGASS GOAL: UN 36 (f)
NATIONAL GOAL: Similar as above
1. Development and implementation of
national health policies and programmes for
adolescents including goals and indicators, to
promote their physical and mental health.
OBJECTIVES
-* UN 37(9)
-* UN 37(21)
-* UN 40 (9)
-* UN 40(10)
-* i. Formal and non formal Mass education
-* ii. Training programme for self employment
-*iii. Personality development and character
building
-*iv. Promotion of physical fitness.
(i. to iv. The National Youth Policy, 2000)
-* 1. Place responsibilities on youth along
with privileges.
-*2. Provide youth with more access to the
process
of
decision
making
and
implementation thereof
-*3. The thrust areas of empowerment,
gender equality and inter-sectoral approach
-*4. Make a distinction between adolescents
in the age group of 13 to 19 years and the
age of attainment of maturity from 20-30
years
(1 to 4 National Youth Policy for Adolescents,
Ministry of Youth Affairs and Sports)
STRATEGIES
-* Improve the nutritional and health status of
girls in the age group of 11-18 years
-* Provide the required literacy and numeracy
skills through the non-formal stream of
education to stimulate a desire for more
social exposure and knowledge and to help
them improve their decision making
capabilities.
-* Train and equip the adolescent girls to
improve/upgrade home-based and vocational
skills.
-* Promote awareness of heath, hygiene,
nutrition and family welfare, home
mananempnt and child cam And to take
*See below for working group recommendations made at the GOI
Northern Regional Consultation held on 4th June on the National Plan of
Action for Children.
CONCERNS
This is the vulnerable cohort of children passing through
the final phases of childhood. Many are already thrust
into adult roles and/or exposed to risks they are not
adequately equipped to face. The best application of
health policies cannot cover all their needs and
entitlements. The principle of ‘all rights for all children’
must apply.
This section needs thorough review.
Adolescents from 10 to 18/19 sub-divide into three or four
age sub-groups, with different capability levels and
different needs.
Concerns cover:
Survival risks;
Development rights;
Protection risks;
Parity rights;
Knowledge rights/right to information;
Participation potential and rights;
The status and condition of the adolescent has been
identified as a concern in the Tenth Five-year Plan. A
working group on adolescents was set up to recommend
needed action in the Plan period. It set the age-frame of
10-19 years for its assessment and recommendations,
citing UN standards.
An agreed age-range definition is needed. The draft
National Youth Policy defines adolescents as 13-19 years
of age. The ICDS definition is 11-18 years (and this is
cited in the GOI draft NPA). The RCH Programme uses
10-19 years, and the Tenth Plan working group on
47
management and child care, and to take
all measures as to facilitate their
marrying only after attaining of 18 years
and if possible, even later.
Arouse social consciousness of youth, in
order to encourage personality development
of students through community service.
-* Provide facilities for developing rural sports
as grass-root level
-* Organise activities for the preservation of
cultural heritage especially of the rural areas
-* Provide opportunity to the youth for
participation in rural community development
works
-* Take measures to introduce adolescence
education.
adolescents adopted this range. . The Constitution of
India infers, and most labour laws define, 14 years as the
end of childhood. In various official statements, Govt of
India has indicated an intention to extend the official
Indian recognition of ‘childhood’ to the 18-year age level.
Whatever the eventual definition and age-range
recognised, this section of the population - approximately
22 per cent of all Indians - deserves focused attention
and age-specific interventions.
While the rights of girl children and removal of gender
disparity are critical, the boy adolescent also deserves
affirmative attention as a neglected age-group and
category among young Indians; measures for sports and
recreation do not cover the many rights and needs that
now go un-addressed. All open learning and recreation
measures should reach girls and boys alike, without
typecasting ‘suitability’ of activity on substance for either.
Define age group, stratify action:
11-14:
14-16:
16-18:
NPA should have targeted age-specific interventions to
address changing entitlements and needs. Adolescents
deserve citizenship opportunity.
The following
attention:
concerns should
be
given
targeted
Nutrition risks: anaemia, micro-nutrient deficiencies;
Health
/morbidity:
Malaria,
TB,
STDs,
other
communicable diseases. Vulnerability to drugs, tobacco,
alcohol;
Elementary education: enrol much and retention;
Personal security (girls);
Information access for all services;
(Define/clarify what ‘adolescence education’ is).
Right to take part/be consulted in design, delivery of
services affecting them;
Likely to join/be in workforce: safe-guards should be
provided;
Early marriage (girls, boys in some areas).
Some laws adversely affect the child from age 12
onwards. This is discriminatory and undermines “equality
before the law.”
Extend scope of NYKS to include 10-15 group?
NPA must address: Full range of entitlements and rights.
48
Right to information and participation progressively
increase. Right to informed choice: does family welfare
education equal reproductive health information ?
Stress comprehensive development.
DELETE [or redefine] the term ‘YOUTH’ (e.g. Youth in
India extends from 15 to 35 years in NYKS).
ADOLESCENTS: As a cross-cutting issue, measures for
this group must address the following concerns across
the board:
®
o
®
©
o
o
®
©
®
o
•
•
•
®
•
•
Survival, causes of death, preventives.
Adolescent malnutrition/morbidity
Protection
Development
Poverty and unemployment block access to services
like education and pushes children into labour.
Inadequate investment in education. Failure to reach
6% of GDP.
Low education status of disadvantaged groups
Low enrolment in schools
High drop out rates
Too few upper primary and secondary schools
Poor quality of teaching
Poor teacher-student ratios
Not enough female teachers
Poor school infrastructure
No accountability in education system
Poor mechanisms for participation
RECOMMENDATIONS WITH REFERENCE TO THE
ABOVE CONCERNS
•
•
•
•
•
Enforce the Constitutional provisions in the Directive
Principles of State Policy on Living Wages, to enable
universal education.
Allocate the promised 6% of GDP for education and
progressively implement the Tapas Mazumdar
Report.
Conscious targeting of benefits and opportunities to
SC, ST, BC, migrant and other hard to reach
adolescents and within these groups female
adolescents. Special measures for disabled.
Provide free and compulsory education, including
textbooks and uniforms, upto secondary level (class
10).
Targeted effort to retain students till they complete
eight years of schooling. Provide extended learning
opportunities upto age 18 with provision
for
49
•
•
•
•
•
o
*
•
•
•
®
•
vocational education
Build more schools, including schools for girls. Target
educationally backward districts. Revise SSA norm to
ensure that there are as many upper primary schools
as primary schools. Set and reach minimum targets.
Stop employing para-teachers and improve the skills
of the regular teaching cadre through in-service
training. Improve monitoring and inspection systems.
Build teacher accountability into the system.
Recruit teachers to vacant posts and invest in
creation of additional posts
Recruit more female teachers
Invest in pucca buildings, a classroom for every class,
drinking water,
separate toilets for males and
females, blackboards and teaching aids as well as
cooked midday meals
Build in systems of accountability for education
departments, school authorities and teachers.
Panchayats, Village Education Committees/ParentTeacher Associations should be empowered to play a
role.
Promotion of the effective participation of adolescents
in the community in planning at all levels for all basic
development services.
Control and prevention of drug abuse.
Awareness programmes, including those about sex
education and early marriage.
Awareness programme at all levels in gender
sensitisation.
Individualised attention to adolescents with special
characteristics and needs, with priority attention to
low-income and disadvantaged groups.
Significant increase in availiability, scope and
substance of information access, counselling and
guidance services.
4th June Government of India Northern Region NGO
Consultation:
Working Group Recommendations:
1. Promote physical, mental and emotional
health of adolescents.
2. Set up adolescent counselling centres. These
should also cover social health issues.
3. Delay the age of marriage of girls.
4. Bring down the number of adolescent
pregnancies.
5. Other strategies stated in the ‘Citizen’s
Alternate Proposals’.
50
7.HEALTH CARE SERVICES
UNGASS : UN 36(g)
Access through the primary health
care system to reproductive health for
all individuals of appropriate ages as
soon as possible and no later than
2015.
NATIONAL GOAL
-* Achieve 80 per cent institutional
deliveries and 100 per cent deliveries by
trained persons (National Population
Policy)
-* Increase utilisation of public health
facilities from current Level if <20 to
>75% by 2010 (National Health Policy)
OBJECTIVES
-* UN 37(2)
-‘UN 37(15)
-* Un 37(3)
-* UN 37 (24)
-* Strengthen the primary health
infrastructure, and to facilitate the States
to bridge the gaps in essential
infrastructure and manpower (10th Plan
Approach of Family Welfare Programme)
-* Strengthen the primary health
structure to attain improved public
health outcomes on an equitable
basis (National Health Policy)
STRATEGIES
-*
Provide
primary
health
care
infrastructure through a network of Sub
Centres (SCs), Public Health Centre
(PHCs) and Community Health Centres
(CHCs).
-* Strengthen and revitalize the primary
health infra-structure for improved
provision of basic minimum services in
rural areas.
-* Provide out-reach services for the
satellite population and referral
centers for sub-district centers and
primary health centres
—- -----------------------------------------------------------’These comments and recommendations include those made by
the GOI northern regional consultation of 4lh June and southern
regional consultation of 16th June 2003, reflecting the conclusions
presented by government and NGO participants.
CONCERNS
Question: How will this secure the health of
children beyond improving chances of safe
birth?
Health care for the child must address the
health entitlements of all children of all ages.
Services must radically improve in order to
ensure reductions of morbidity and mortality.
This calls for both Policy and Investment
changes. The present resource allocation for
Health is too low; it must be enhanced, with
conscious targeting of resource use to address
critical survival needs
POLICY
Child Survival: to focus on neonatal
morbidity prevention and intervention, to
bring down unsafe pregnancies, unsafe
deliveries, unsafe newborn and neonate
care, unsafe first-week care.
MMR reduction must be addressed with
preventive/protective measures.
The NPA goals include 80% institutional
deliveries and 100% deliveries by trained
persons. Given the rapid degeneration of the
primary health care system that is being
systematically starved of resources, is this goal
realistic? If the government is serious, it needs
to spell out the resources that will make it
possible. If the goal is to be achieved through
the private health care system, it will only cause
further indebtedness of the poor. (Studies
indicate that illness is the second major cause of
indebtedness in the countryside.)
Service training and standards must sharply
improve. Skill improvement and accountability
of professionals and para-professionals must be
ensured.
District and panchayat child survival action
planning must be propmoted, and local plans
made, carried out and monitored.
IMR/MMR reduction goals must not be options;
they must be non-negotiable achievement
targets and commitments. What are the exact
51
C H"lS0
“strengthening and revitalising” measures
planned?
The basic infrastructure of services exists; it
does not function well. Need for ‘fault analysis,’
correction, and performance accountability.
Specify exact measures to meet Tenth Plan IMR
and MMR targets.
Eleventh Plan targets of IMR and MMR
reduction to 1:1000 by 2012 cannot be achieved
without major health care improvements before
2007.
STRATEGIES
1. Integrate all aspects of the current
vertical programmes (Tenth Plan).
2. Set up a Health Management Information
System (HMIS) in order to enhance
responsiveness of the health system, better
planning from the district level, monitoring
and implementation (Tenth Plan).
3. Use the Panchayati Raj Institutions to
boost accountability of public health care
providers through addressing problems of
absenteeism, inter-sectoral collaboration,
etc.
4. The vast infrastructure and manpower
providing primary health care needs of
the population is not evenly distributed and
those segments of the population whose
health care needs are the greatest have very
poor access to health care (Tenth Plan). This
is true for urban areas, especially slums, as
well as rural areas. Moreover, apart from
limited physical and mental access for
vulnerable populations, these services are
inaccessible for children without families or
attached
to
formal
structures
of
representation (NGOs, etc). Thus there
should be an equitable and socially open
access to health services.
5. Reorganise and restructure PHO institutions
at the rural level as per a Geographical
Information System (GIS). Re-organising the
urban primary health care institutions and
linking them to existing secondary and
tertiary care institutions (Ninth and Tenth
Plan).
6. Meeting critical gaps in critical man-power
through re-orientation, skill up gradation and
redeployment of existing manpower.
7. Improving
reporting,
recording
and
52
monitoring
of
vector-borne
diseases
including cases treated in the private sector
in order to get reliable estimates of
prevalence (Tenth Plan) and thus response.
8. Progressively improve access to mental
health care services at the primary and
secondary care levels to cover all districts in
a phased manner (Tenth Plan).
9. Convergence of services under various
departments with the Department of Women
and Child Development (Tenth Plan).
10. Adequate essential drug supply in all health
facilities, with provision for payment and
subsidy, as needed.
KEY ACTIONS:
Local,, district and state mapping for analysis of
inter and intra- district variations and focussed
intervention.
Newborn Care (NBC): Upgradation of newborn
care at the health facilities with
establishment of New Bom Care corners
in all PHCs.
« Skills training of health functionaries,
including private practitioners and Dais, in
essential new born care and management of
diarrhoea and pneumonia.
« Implementation of IMNCI in a phased
manner throughout the state.
° Programme communications, empowering
families to take action at home and when to
seek care Sensitization of the community for
essential messages of new born care.
* All births to be registered and all new boms
to be weighed within 72 hours of birth.
Childhood immunization: Microplans prepared
and reviewed for all PHCs
♦ Ensure availability of all vaccines and cold
chain equipment
• Regular monitoring of sessions planned v/s
held at the district level - objective
assessment and feedback.
• Involvement of communities in defaulter
tracking.
♦ Mapping of special population groups,
including migratory populations and
organization of periodic pre- and post
migratory catch up rounds and also in low
performing PHCs / areas.
53
*
*
*
•
•
Orientation of workers and supervisors for
injection safety and proper sterilization of
needles and syringes
Training of supervisory staff at the PHC and
district levels in supportive supervision
Promote regular outreach session in
municipality towns and smaller cities
including urban slums.
Monitor the incidence of vaccine preventable
diseases.
Link Vitamin A and Measles immunization
and ensure with AWW that 5 doses of
Vitamin A are received by all children
between 9-35 months.
Polio Eradication Improve routine immunization
and sustain immunization rates of more than
85%
a Strengthen AFP Surveillance to ensure that
all AFP cases are reported and stooi
samples are collected timely
* Mop up rounds are conducted after every
case of AFP is reported
• Effective implementation and monitoring of
NIDs and SNIDs
Preventing LBW deaths: A lot of the LBW deaths
and disease can be prevented by simple actions
at home and seeking care for danger signals.
The essential elements of LBW care are the
same for normal newborns. They need extra
care, as they are more susceptible to infections,
hypothermia, and feeding problems.
* Proper antenatal care and ensuring that all
the pregnant mothers receive 100 tablets of
IFA and 2 doses of TT.
INVESTMENT
1. Available funds to make all the existing
primary health care institutions fully
functional and develop infrastructure and
manpower in the states to improve quality
and coverage (Tenth Plan). Timely release
of funds to states and from that level to
health facilities.
2. Tenth Plan goals and strategies, give priority
to infrastructure maintenance, development,
increasing outreach (transport - example by
supply of mopeds to ANMs), training etc.
The commitment gets reiterated through the
funding: the approved Tenth Plan outlay for
54
these components have doubled against the
outlay in the Ninth Plan. Funding fortraining,
while increased probably deserves even
more.
*4th June Government of India Northern
Region NGO Consultation:
Working Group Recommendations:
1. We should aim for the goal of 100
deliveries
by
trained
personnel
against achieving 80% institutional
deliveries.
2. Access to services for Assisted
Reproductive Technologies.
3. There should be health care services
(including prevention aspects) to be
made available through school health
programmes.
4. Other strategies stated
in
the
‘Citizen’s Alternate Proposals’.
55
1.8. CHILDREN WITH DISABILITY
National Policy Commitment
GOI National Policy for Children Draft of June 2001
Rights of children with disabilities
The State and community recognise that all children
with disabilities have a right to lead a full life with
dignity and respect. All measures would be
undertaken to ensure that children with disabilities
are encouraged to be integrated into the mainstream
society and actively participate in all walks of life.
b. The State and community shall also provide for their
education, training, health care, rehabilitation,
recreation in a manner that will contribute to their
overall growth and development.
c. The State and community shall launch preventive
programmes against disabilities and early detection
of disabilities so as to ensure that the families with
disabled children receive adequate support and
assistance in bringing up their children.
d. The State shall encourage research and
development in the field of prevention, treatment
and rehabilitation of various forms of disabilities.
a.
UNGASS GOAL
NATIONAL GOAL
OBJECTIVES
UN37(16)
UN 37(17)
UN 37(18)
-* Provide facilities to disabled children as
well as special treatment, education and
rehabilitation of children suffering from all
types of disabilities (National Policy for
Children)
-* Implement the Persons with Disability
(Equal opportunity, Protection of Rights
and full Participation) Act, 1995.
STRATEGIES
-* Provide services for prevention and early
detection of, medical intervention and
surgical correction, fitment of artificial
aids
and
appliances,
therapeutic
services
such
as
physiotherapy,
occupational and speech therapy,
provision of training for acquisition of
skills.
-* Set up hierarchical service delivery
system, starting from grassroots level.
-* Integrate children with disabilities in the
general education system and to
eliminate disparities and equalize
educational opportunities so as to enable
them to become equal contributing
members of the society.
‘See below for working group recommendations made at the GOI
Regional Consultations held on 4th and 16lh June 2003 on the National
Plan of Action for Children.
CONCERNS
NO GOAL STATED.
> The Government reports that only 5 per cent of
children with disability of any kind are presently
served by or able to access services. Rural areas
are least served.
> The draft proposals do not indicate any quantum
target: They must set goals and measures to
achieve them.
> Community based disability support is not included.
> Degrees of disability are not recognised.
> Counselling
and
psycho-social
interventions
(Training for parents and communities not to hide
their children, empower them to look after them).
> Counselling
and
psycho-social
interventions
(Training for parents and communities not to hide
their children, empower them to look after them).
> Girls with disability must be reached with all
available services.
> Children of disadvantaged groups (SC/ST, BC,
Minorities, and Migrants) must receive special
attention.
> There is a need for distinction on the basis of types
56
Assist needy disabled persons in
procuring durable, sophisticated and
scientifically manufactured, standard
aids and appliances, that can promote
rehabilitation by re-educating the impact
of disability and enhancing capacity of
the assisted persons to lead normal
lives.
Promote
independence,
facilitate
guardianship and concerns of persons
with special needs who do not have their
family support.
Provide
education,
training and
rehabilitation services through the
medium of NGOs
of disability.
> Mainstreaming of the disabled children into
education. This calls for investment in infrastructure
and trained teachers.
> Age-specific and gender-specific issues need
attention.
> National Strategies: The document itself reflects
integration of children but it needs to have special
emphasis on creating an atmosphere in the
institutions which is necessary for integration and
inclusion of children with disabilities for receiving
education as their right and not as charity.
> Care of the disabled is a highly demanding
investment, but the 95 per cent un-met need must
be addressed. Disablement is due to several causes
and requires specific preventive and rehabilitative
interventions. Trained manpower and resources are
essential. Without information and capacity building,
to make enabling measures and programmes really
operational, the list of good intentions will lead
nowhere.
> There is very little data collected on disability. While
the Census has made an attempt, the information
search has been based on 4 visibly identifiable
disabilities. Data is essential to understand the
magnitude of prevalence as well as the interventions
(including the nature of interventions) and resources
required.
RECOMMENDATIONS
>
>
>
>
>
Urgent and effective implementation of the Persons
with Disability (Equal Opportunity, Protection of
Rights and Full Participation) Act, 1995, especially
with reference to the District Rehabilitation Services
since at present, there are not enough District
Rehabilitation centres in the country. District Centres
should be equipped enough to meet area-specific
needs, and should be adequately linked with state
and regional centres.
Greater
investment is needed
in
District
Rehabilitation Centres, with adequate facilities and
tools. Community based rehabilitation should also
be promoted.
The Tenth Plan recommendations should also be
effectively implemented. Action should be subject to
regular reviewing and monitoring.
The Act and the Tenth Plan need to be made morechild focussed. Programme design and interventions
must be age-specific.
Action and investment must give priority to children
57
of disadvantaged/low-income communities and
groups.
> The Centre should encourage states to formulate
State Disability Acts.
GAPS IN THE ACT
>
>
>
>
>
In the present 19995 Act, there is a need to define
inclusion and access.
Provision should be made to review the Act after
every 3 or 5 years.
A specialised regulatory authority to supervise
proper implementation of the Act should be set up.
The Act should state how services must be
increased and expanded from the present 5% to the
maximum possible level. Goals and time-targets
should be set for this enhancement.
The Act needs to provide educational and
employment opportunities for the leprosy cured.
(Ch-1 of the Act)
COMMENTS
> The NPA should address the following: Learning
disability, slow learners to be included.
> Upgrade, expand and improve early detection and
prevention.
> Lack of services must be addressed.
> Comment on Policy:The focus should be on
complete child development and the approach
should be holistic, (provision of equipment and
artificial limbs do not address the problem
sufficiently). The NPA lays more focus on children
with physical disability. Mentally challenged children
have very little space in the NPA.
> Slow learners are not mentally retarded but have
special needs. This has to be addressed in the NPA.
Simply enrolling them in regular ‘normal’ schools
where they receive no specialised attention in a
crowded classroom with an adverse teacher/student
ratio is no favour to them.
> NGOs can play key roles in addressing the needs of
these children. However, they do not have the kind
of resources needed nor can they necessarily
ensure the needed continuity of programmes.
GOALS
> To reduce the prevalence of disability.
> There is need to train and build capacity of
teachers/service providers to enable them to
58
actually help children with disability.
> Include investigation (Data scan)
> District rehabilitation centres required
> To
define
state
responsibility,
community
responsibility, minimum standards of services.
> Training of teachers in Management of disabled
should be incorporated as a very important issue for
promoting inclusive education. Emphasis needs to
be laid on a holistic approach of education.
Vocational training, sports and cultural activities to
be organized in an academic atmosphere so that
children’s personality is developed for economic
independence and competence.
> The Central Govt, should give directions to the State
Govt, for creating an inclusive, barrier free and right
based system. This needs non discrimination in
several sectors of society.
> The Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act 1995,
through its proper implementation could yield
desired results. The Act must be made widely
known, and its spirit and substance promoted. It
should be incorporated in prescribed books and
publications.
> Ensure
identification
of all
children
with
developmental disabilities by health workers.
> Improve early detection; train health and child
development workers to screen children between 03 years for any possible developmental delays.
> Assist needy disabled persons, especially those with
mental disabilities in accessing specialised
education and training.
STRATEGIES
To invest in all possible preventive measures, and
measures to reduce the adverse impact of those
disabilities that are not preventable.
It is important to develop a clearer perspective on
disability
issues with
clearer definitions
and
categorisations in order to understand and plan
interventions.
There should be a wider range of learning, training and
skill development opportunities and investments,
opening
the
potential
for more
employment
opportunities for the disabled, and the focus should not
be confined to the physically disabled.
Information sharing with parents, community and health
59
workers to manage needs of physically and mentally
challenged children is essential. There should be focus
on removal of the stigma that is often associated with
disability. There should be adequate focus on
prevention, with public education on specific and
concrete measures.
•
®
•
A transfer of responsibilities for the education of
children with disabilities from the social welfare
department to the department of education
needs to be considered by the government.
State councils for education , research and
training (SCERTs) and education departments
should accept all models of integrated
education that have been accepted by the
National Council for Education , Research and
Training.(NCERT)
The involvement of the SCERT needs to grow
in terms of training or special educators for
single categories and for multi -category
teaching.
Prevention is better than cure. Research has shown that
50%of disability in India is due to preventable causes.
Most Indian children are disabled due to poverty and its
correlates: protein malnutrition, iodine deficiency, and
vitamin A deficiency. Learning from the “polio free”
campaign which has been quite successful, the
government now needs to take up prevention
campaigns for disabilities such as hearing impairment
and mental handicap.
Physically and mentally challenged children need to be
protected from abuse - both physical and sexual. They
too have needs and sexual desires - and these should
receive recognition in order to ensure sexual and
reproductive rights as well as personal safety.
There are limited services for mentally challenged
children.
*4th June Government of India Northern Region NGO
Consultation
Working Group Comments and Recommendations:
1. The Draft NPAC has not identified any goals
for this section. There should be specific
reduction in prevalence of ‘challenged’
children.
2. There is a lot of focus on physical ‘disability’
in the draft at the cost of mentally
60
‘challenged’ children.
3. Adopt a policy of inclusion and non
discrimination.
4. Information dissemination for a better
understanding of disabilities in order to
address stigmatisation issues.
5. Speech therapists and physio-therapists
should be made part of the personnel
infrastructure in the government.
6. Other strategies stated in the ‘Citizen’s
Alternate Proposals’.
61
II. PROVIDING QUALITY EDUCATION
1. education
——---------------------- ---------------------------------------------—
National Policy Commitment
GOI National Policy for Children Draft of June 2001
Right to Education
a.The State recognises the right to elementary
education of all the children. Education at the
elementary level shall be provided free of cost and
the special incentives should be provided free of
cost and special incentives should be provided to
ensure that children from disadvantaged social
groups are enrolled, retained and participate in
schooling.
b. At the secondary level, the State shall provide
access to education for all and provide supportive
facilities from the disadvantaged groups.
c. The State shall in partnership with community
ensure that all the educational institutions function
efficiently and are able to reach universal
enrolment, universal retention, universal
participation and universal achievement
d. The State and community recognises the right of
all children to education in their mother tongue.
e. The State shall ensure that education is childoriented and meaningful. It shall also take
appropriate measures to ensure that the education
is sensitive to the rights of the girl child and to
children of various cultural backgrounds.
f. The State shall ensure that school discipline and
matters related thereto do not result in physical,
mental, psychological harm or trauma to the child.
g. The State shall formulate special programmes to
spot, identify, encourage and assist the gifted
children for their development in the field of their
excellence.
62
EDUCATION
Expand and improve comprehensive
early childhood care and education, for
girls and boys especially for the most
vulnerable and disadvantaged children
(UN 39(a)).
Reduce the number of primary school
age children who are out of school by 50
per cent and increase net primary school
enrolment or participation in alternative,
good quality primary education
programmes to at least 90 per cent by
2010 (UN39(b)).
Eliminate gender disparities in primary
and secondary education by 2005; and
achieve gender equality in education by
2015, with focus on ensuring girls’ full
and equal access to and achievement in
basic education of good quality (UN
39(c).
Improve all aspects of the quality of
education so that children and young
people achieve recognized and
measurable learning outcomes especially
in numeracy, literacy and essential life
skills (UN 39(d)).
Ensure that the learning needs of all
young people are met through
access to appropriate learning and
life skills programme (UN 39(e)).
NATIONAL GOAL
Make School education up to age of 14
free and compulsory, and reduce drop
out at primary and secondary school
levels to below 20 per cent for both boys
and girls (National Population Policy)
All children in school by 2003 and all
children to complete 5 years of schooling
by 2007 (Planning Commission)
All children in school, Education
Guarantee Centre, Alternate School,
‘Back-to-School’ camp by 2003 ( Sarva
Shiksha Abhiyan)
All Children complete five years of
primary schooling by 2007 ( Sarva
Shiksha Abhiyan)
All children complete eight years of
primary schooling (Sarva Shiksha
Abhiyan)
Focus on elementary education of
satisfactory quality with emphasis on
education for life (Sarva Shiksha
Abhiyan)
Bridge all gender and social category
gaps at primary stage by 2007 ad at
elementary education level by 2010
*These comments and recommendations include those made by the
GOI northern regional consultation of 4th June and southern regional
consultation of 16th June 2003, reflecting the conclusions presented by
government and NGO participants.
CONCERN
India is not investing in educating its children.
Nearly half the children of school age remain out of
school, and others are ill-served with notional nonformal services. The country can no longer merely
tinker with this .
India must seize the opportunity to break the
ignorance barrier that cripples the potential of
millions problem.
School education for every child must become a
reality. NFE must be only a bridging,
supplementary mechanism, not a substitute for
formal schooling. Action to ensure this must begin
with the least-served, and continue to focus on
them until goals are sustainably attained.
This calls for policy commitment and assured
investment. The NPA must not default on either.
Tenth Plan monitorable goakAII children in school
by 2003; all children to complete 5 years of
schooling by 2007.
Universal retention in some learning stream by
2010 is not an adequate goal; children must
progressively have the right to regular formal
schooling.
Principle of equality demands provision of quality
formal schooling to all children. The NPA
perspective goal for 2015 must be to provide this.
The aim and content of education must safeguard
and uphold the fundamental rights and freedoms
set out in the Constitution, and meet the
Constitutional directive principles (38,46).
Tenth Plan commitment to establish benefits of
the 93rd Constitutional Amendment must be
consciously and pro-actively pro-poor, and
implementation must express egalitarian intent.
Tenth Plan Goal: Primary Education achievement,
with expansion of formal school system underway.
Eleventh Plan Goal: (a)Elementary Education
achievement, with expansion of formal school
system under way. (b)Expansion of formal primary
school system achieved, (c) Investment in teacher
training/re-training.
Twelfth Plan goal: (a) All children covered by
formal, quality school services, (b) Sarva Shiksha
63
(Sarva Shiksha Abhiyan)Universal
retention by 2010 (Sarva Shiksha
Abhiyan)
OBJECTIVES
Develop and implement special
strategies to ensure that schooling is
readily accessible to all children and
adolescents, and that basic education is
affordable for all children(UN 40 (1)).
Promote innovative programmes that
encourage schools and communities to
search more actively for children who
have dropped out or are excluded from
school and from learning, especially girls
and working children, children with
special needs and children with
disabilities, and help then enroll, attend,
and successfully complete their
education, involving governments as well
as families, communities and non
governmental organizations as partners
in the educational process.
Special measures should be put in place
to prevent and reduce drop out due to,
inter alia, entry into employment. (UN
40(2)).
Bridge the divide between formal and
non-formal education, taking into account
the need to ensure good quality of the
educational services, including the
competence of providers, and
acknowledging that non-formal education
and alternative approaches, provide
beneficial experiences, and develop
complementarity between the two
delivery systems. (UN 40 (3)).
Ensure that all basic education
programmes are accessible ( UN 40(4)).
Ensure that indigenous children and
children belonging to monitories have
access to quality education (UN 40(5)).
Develop and implement special
strategies for improving the quality of
education and meeting the learning
needs of all (UN 40(6)).
Ensure that education programmes and
materials fully reflect the promotion and
protection of human rights and the values
of peace, tolerance and gender equality,
using every opportunity presented by the
International Decade for a Culture of
Peace and Non-Violence for the Children
of the World (2001-2010. (UN 40(7)).
Promote innovative programmes to
provide incentives to low-income families
Abhiyan recast as bridging measure.
The resource allocation for education must be
raised to 6% (doubling present 3.3%), with pro
active priority to earmark added resource for
primary education investment, and thereafter
progressively for elementary education.
TARGET: Sustain cess in Eleventh Plan. Raise
to 8 % by end of Eleventh Plan.
POLICY/STRATEGY: Mobilise resources
through national cess.[One-Paisa added on All
postage, railway, State-run public transport,
power,water tariffs, all government-public
transactions]
Adopt ‘Bal Shiksha Kosh’ national education
commitment above/across party lines
TARGET : progressive increase throughout
Tenth Plan. Pte sector funds can be tapped for
this. But State must retain responsibility of
providing primary and elementary schooling
for children of the poor.
POLICY: Sarva Shiksha Abhiyan does not offer
deprived children equal access to formal
schooling. Therefore it must have (& be governed
by its avowed exit policy of ending in 2010.
Since Sarva Siksha Abhiyan is stated to conclude
in 2010, progressive measures to develop and
expand the machinery of the formal school system
should receive priority attention from 2003/ 2004
onwards.
STRATEGY:_SSA must be implemented as a
bridging mechanism to bring the least-served
children from non-formal/altemate schooling
streams into the mainstream formal schooling
channel.
Address the need to start education in Mother
tongue. Facilitate I ensure early introduction to
regional/English languages through songs etc. first
and then formalise a three-language excellence. [If
mother tongue same as regional, can introduce
another Indian language].
As a fundamental right, education must be a
charge on the Consolidated Fund of India
NO DENIAL OF ADMISSION TO CHILDREN
WITH HIV/AIDS
CORE CONCERNS
Despite increases in numbers of schools and in
enrolment figures, nearly half of India’s children
remain out of school. Most of those who do enter
the classroom get schooling of poor quality. The
teacher-pupil ratio is not good enough, cutbacks in
64
! with school-age children to increase the
enrolment and attendance of girls and
boys and to ensure that they are not
obliged to work in a way that interferes
with their schooling (UN 40(12)).
Enhance the status, moral, training and
professionalism of teachers including
early childhood educators, ensuring
appropriate remuneration fortheir work
and opportunities incentives for their
development. (UN 40(14)).
Develop responsive, participatory and
accountable systems of educational
governance and management ant the
school, community and national levels
(UN 40 (15)).
Meet the specific learning needs of
children affected by crises, by ensuring
that education is provided during and
after crises, and conduct education
programmes to promote a culture of
peace in ways that help to prevent
violence and conflict and promote the
rehabilitation of victims. (UN 40(16)).
Provide accessibility recreational and
sports opportunities and facilities at
schools and in communities (UN 40
(17)).
Harness the rapidly evolving information
and communication technologies to
support education at an affordable cost,
including open and distance education,
while reducing inequality in access and
quality. (UN 40(18)).
Universal access and enrolment
(National Policy on Education, 1986) A
substantial improvement in the quality of
education to enable all children to
achieve essential level of learning
(National Policy on Education 1986)
Universal retention of children upto 14
years of age (National Policy on
Education 1986)
A substantial improvement in the quality
of education to enable all children to
achieve essential level of learning.
(National Policy on Education 1986)
Greater attention will be paid to the
education of the minority groups in the
interest of equality and social justice.
This will naturally include the
constitutional guarantees given to them
to establish and administer their own
educational institutions, and protection
their languages and culture (Programme
of Action, 1992)
budgeting and recruitment of teachers aggravate
this problem. The 6 per cent of GDP pledged a
decade ago has not yet been allocated. The 93rd
Constitutional Amendment makes provision of free
and compulsory education to the 6-14 age group a
State obligation, but leaves out the pre-school
child’s learning rights. The above-14 child is
similarly left out.
Serious deprivations and disparities persist in the
education access and achievement potential of
girls, dalits, tribals, lower-rung backward castes
and marginalized groups in Society. This is serious
and chronic human wastage.
Because education of children is regarded as a
social welfare option rather than a critical
development investment, the universalisation of
free and compulsory primary education is now 43
years behind the only time target the Constitution
declared.
The Tenth Plan aims at ‘100 per cent school
enrolment in 2003.’ Even if the numbers are written
into school rolls across the country, how will this
ensure that children stay in school and actually
receive quality education ?
The Sarva Shiksha Abhiyan stratifies schooling
into formal and ‘other’ - how will this give all
children equal access to genuine education by
educators who know what and how to teach? If the
least-served child deserves the best chance of
development, SSA is not good enough. The
rupees saved on providing second class education
to the poor majority will not offset the price India
will pay for defaulting on securing this fundamental
right yet again.
GOALS
• Need to specify goals for 2015 (pt.2)
• Clarify “free” and “compulsory”(pt.1). To be
meaningful, “free” should mean free tuition,
books and uniforms (see strategies 17).
Compulsion should be on the state to provide
working schools within reasonable access,
rather than penalising poor parents.
• Goal should be formal education for all, or
where essential, non-formal education that
leads to mainstreaming with formal education
either by multiple entry or equivalent
certification (National open Schools system).
(pt.3)
• Give target date for pt. 5 (see pt.7)
65
All possible measures will be taken to
promote an integration based on
appreciation of common national goals
and ideals in conformity with the core
curriculum (Programme of Action, 1992)
Need for readjustments in the curriculum
in order to make education a forceful tool
for the cultivation of social and moral
values (Programme of Action, 1992)
To develop and promote multiple
facilities to provide access and to
facilitate retention at girls and to ensure
greater participation of women and girls
in the field of education (National
Programme for Education of Girls at the
elementary level)
Improve the quality of education through
various interventions and to stress upon
the relevance and quality of girls
education fortheir empowerment
National Programme for Education of
Girls at the elementary level.)
Improve quality of school infrastructure,
facilities, equipments, support services
and human resources (Working Group
Report on Education)
Improving classroom and school
environment (Working Group Report on
Education)
Renewal of curriculum, textbook and
teaching learning material to make them
relevant interesting and child friendly
(Working Group Report on Education)
Increased focus on specification and
measurement of learner achievement
levels (Working Group Report on
Education)
Improving quality of teaching, learning
processes and classroom interactions
(Working Group Report on Education)
Capacity building of teachers, teacher
development and teacher empowerment
(Working Group Report on Education)
Integration of Sports and Physical
Education with the Educational
Curriculum, making it a compulsory
subject of learning up to the secondary
School level and incorporating the same
in the evaluation system of the student,
will be actively pursued. (National Sports
Policy 2001).
“Quality” is vague.(pt.6) Mention minimum levels of
learning .
STRATEGIES
• Pt.4 of government stated should use terms
stronger than “encourage” ,i.e. private schools
should provide a minimum proportion of seats
to such vulnerable groups.
• As mentioned in goals, open schooling (pt.5)
must have equivalence with formal education
and not be of lower standard or left vague
(pt. 19 also).
Regarding pt. 7, enrichment of language
curriculum should enable 2-3 languages including
mother tongue as medium of instruction , English
and another language being taught in ways which
promote excellence in all. Academic subjects now
take up so much time and attention that there is no
scope for the other non- academic aspects
mentioned. These are equally important and
should be stressed (see pt. 18 also.)
© Scholarships on similar lines as for OBCs
(point 12) should be given for minority groups
also , whose education levels are low.
® Residential schools for SC /STs should include
activities that relate to their culture , lifestyle
and environment.
o Point 17 should cover groups which are below
the poverty line as well as girls.
Amend pt. 4 of suggested strategies to state that
school admissions should not be denied to any
child on any grounds (including HIV I AIDS). If a
child has no birth certificate , school authorities can
give one based on own assessment of age. If a
child is unable I unwilling to name either parent
also , should admit her I him
• Government must increase budget allocation
for elementary education and pre-school
education . the target for education should be
6% as a whole , 50%of which should be for
elementary and 25%for pre-school education.
• Renew and improve education methodologies
in light of developments world -wide in new
innovative directions.
• Incentives offered by some schools meant for
children from the labour force lure parents to
put their children there as (ex) child labourers,
rather than formal schools. This needs to be
remedied .
•
There should be minimum standards and
66
STRATEGIES
Improve physical resources available in
the primary schools of the country.
Achieve ‘education for all,’ through
< people’s mobilization and participation
I Encourage public spirited organization to
set up new schools in educational
backward districts.
Encourage private schools to provide
seats in their institutions to girls and
socially and economically backward
students by way of social obligations.
Promote concept of open schooling as
an alternative curriculum that is flexible
and relevant to the need of students in
remote and rural areas
Identify and encourage the development
of infrastructure that would have a
bearing upon the improvement in quality
in school education.
Encourage and undertake curriculum
enrichment projects in areas such as
science, environment, population, human
rights, languages, fine arts, music
folklore, yoga, sports activities etc.
Encourage networking and sharing of
resources and expertise between
different systems of schools —
government, aided or unaided, for an
overall improvement in quality education
in schools
Set up of schools in school-less
habitations.
Provide interventions for mainstreaming
‘out of school’ children.
Strengthen cultural and value education
inputs in school and non-formal
education system, and provide in-service
training of art, craft, music and dance
teachers.
Provide financial assistance to Other
Backward Class (OBC) students studying
at post matriculation or post secondary
stage to enable them to complete their
education.
Give scholarships to school going
children of poorer Other Backward Class
parents whose income is below double
the poverty line.
Provide coaching for various competitive
I professional examinations to weaker
sections among minorities to enable
them to complete on equal terms with
other candidates for various jobs.
Establish residential schools for
Scheduled Castes/Tribesjn an
regulatory procedures for all schoolsgovernment aided and other recognised - to
ensure that MLL , democratic and secular
values and curriculum equivalence are
maintained .
* locally relevant information I example must be
included in all , especially rural and tribal
schools.
o Plus two stage was supposed to include
vocational skills training. This needs to be
strengthened.
o Teacher training and performance to be
strengthened and monitored .
o Goal of 75% in adult education in the 10th Plan
needs addition of
goals in 11th and 12th Plans to achieve
100%
by 2015.( =50% increase in UNGASS resolution ).
3 For adolescent girls , non formal education as
in strategies listed should be in addition to ,
not instead of, formal education until they
complete elementary education stage.
o Must include strong strategies for post literacy
phase to consolidate, enhance literacy gains
and not let neo- literates lapse into illiteracy
e.g., local news letters and stories contributed
by neo literates’ groups , skilled training that
include writing minutes etc. and account
keeping by neo literates’ discussion groups
where they write down points etc.
• Boys and men should also be included in such
neo literate activities
• Preschool education component of the ICDS
should be strengthened (Recommendations of
the Working Group on Child Development,
Annual Report, DWCD, MHRD, 2001-2002).
• Encourage private schools to provide seats in
their institutions to girls, and socially and
economically backward students, and students
with disabilities, by way of social obligation.
• Promote concept of open schooling as an
alternative curriculum that is flexible and
relevant to the need of students in remote and
rural areas and students with disabilities
• Amending school admission procedures so that
the name of either parent is accepted at the
time of admission. This would facilitate
education of children of prostitutes.
KEY ACTIONS:
■ Convert AWC / Pre School
______ centres into full day creches to
67
environment conducive to learning near
their habitations.
Provide financial assistance to all
Scheduled Castes/Tnbes students for
pursuance of post matric studies in
recognized institutions with in India.
Provide basic education infrastructure
and facilities in areas of concentration of
educationally backward minorities which
do not have adequate provision for
elementary and secondary education.
Provide academic and resource support
to elementary education teachers and
non-formal and adult education
instructors.
Offer educational concessions by way of
reimbursement of tuition fees, boarding
lodging expenses, expenditure incurred
on uniforms, textbooks, transport
charges, etc. to school students who are
wards of armed forces personnel killed or
permanently disabled in the course of
their duties.
Generate interest in sports and games
among the school children and also
place greater emphasis on the
organisation of tournaments at various
levels
Develop and promote Distance and
Open Learning System as an alternative
to the formal system at the school level
up to the under-graduate and pre-degree
level.
■
■
support education of girls
Promote child focused activities
oriented, syllabus I curriculum.
Involve
community
in
implementation
education
programme.
■
Delink education from examination
and built in evaluation system in
education system specifically for pre
primary and primary.
B
Review curriculum from the child’s
right
usefulness
and
gender
perspective
Strengthen infrastructure by filling
up vacant posts and recruitment of
lady teachers in the schools.
■
OTHER CONCERNS
o
®
®
□
•
•
•
•
•
•
•
•
•
®
•
•
•
•
•
Survival
Adolescent malnutrition/morbidity
Protection
Development
Poverty and unemployment blocks access to
services like education and pushes children
into labour
Inadequate investment in education. Failure to
reach 6% of GNP.
Low education status of disadvantaged groups
Low enrolment in schools
High drop out rates
Too few upper primary and secondary schools
Poor quality of teaching
Poor teacher-student ratios
Not enough female teachers
Poor school infrastructure
No accountability in education system
Participation
RECOMMENDATIONS WITH REFERENCE
TO THE ABOVE CONCERNS:
Enforce the Constitutional provisions in the
Directive Principles of State Policy on Living
Wages, to enable universal education.
Allocate the promised 6% of GDP for education
and progressively implement the Tapas
Mazumdar Report.
Conscious targeting of benefits and
68
opportunities to SC, ST, BC, migrant and other
hard to reach adolescents and within these
groups female adolescents. Special measures
for disabled.
•
•
o
o
°
®
®
®
•
•
Provide free and compulsory education,
including textbooks and uniforms, upto
secondary level (class 10).
Targeted effort to retain students till they
complete eight years of schooling. Provide
extended learning opportunities upto age 18
with provision for vocational education
Build more schools, including schools for girls.
Target educationally backward districts. Revise
SSA norm to ensure that there are as many
upper primary schools as primary schools. Set
and reach minimum targets.
Stop employing para-teachers and improve the
skills of the regular teaching cadre through in
service training. Improve monitoring and
inspection systems. Build teacher
accountability into the system.
Recruit teachers to vacant posts and invest in
creation of additional posts
Recruit more female teachers
Invest in pucca buildings, a classroom for every
class, drinking water, separate toilets for
males and females, blackboards and teaching
aids as well as cooked midday meals
Build in systems of accountability for education
departments, school authorities and teachers.
Panchayats, Village Education
Committees/Parent-Teacher Associations
should be empowered to play a role.
Active measures should be taken to ensure
that all children have equal educational
opportunities including all sick (including
hospitalized children), nomadic or gypsy
children, immigrant and refugee children,
children in all forms of tension and children
living away from their families.
Appropriate measures should be taken to
ensure that corporal punishment is never
used.
o
POLICY
Evidence from around the world and India shows
that education is the single most important
intervention for the improvement of child survival
69
Allocation of budgetary resources:
• Expenditure on education should be
increased to a minimum
Of 6% of GDP.
• Of the total allocation on education
50%should be reserved for
Primary education.
Training/ dissemination and Respect for the
views of the child :
The inclusion of education on the rights of the child
should
o become mandatory in all schools and centers
of non-formal
education.
® Involve NGOs
o In the context of increasing conflicts based on
caste, community and other divisions, develop
and integrate into schooling system a Peace
Education Curriculum.Children must learn
negotiation skills as the civilised method of
resolving conflict.
*4th June Government of India Northern region
NGO Consultation
Working Group Recommendations:
1. State Responsibility, Community Control
• It must be acknowledged that education is
fairly and squarely a government
responsibility but control and management
must rest entirely with the community.
• NGO’s should be utilized ONLY for areas,
which are truly remote. That too for a
specified period of time with a deadline.
NGOs can only supplement, NEVER
supplant the government.
• No government in the world has withdrawn
from it’s responsibility of providing
education. This is especially true for the
industrialized, privatized, and capitalist
economies of the world.
2. Finance
We believe that adequate financial allocation is
only a necessary condition, not a sufficient
condition by itself. The work of
Universalisation of Elementary Education
begins, not ends, once adequate financial
allocations are in place.
70
The 1999 Tapas Majumdar Committee
(appointed by the Union Cabinet) proved
that financial requirements for provision of
quality elementary education are NOT
utopian (60% of members were IAS
officers). These recommendations must be
implemented.
• Financial allocation for education should be
at least 6 percent of the GNP, and if need be
revise this estimate. Of this, at least two
thirds should be spent on elementary
education.
• Some practical ways of raising resources
could be 1 paisa cess on postage ticket,
linking with high Foreign Exchange
Reserves that India has today etc.
3. Provision of Common School System (it was
passed thrice by the parliament-1968, 1986
and 1992) is again not an utopian idea.
•
Definition of CSS:
Contrary to popular perception, CSS does not
mean a regimented, imposed, uniform school
system across the country. Rather, it
guarantees equity in educational opportunities
(not just equitable quality), to every child
irrespective of her/his caste, creed, class,
social status, gender, disability, religion or any
other discriminatory factor and to every child
from Kashmir to Kanyakumari and Kutch to
Kohima. The word common in CSS refers to a
common quality of education, leaving space for
expressing the wide diversity of our people
through locally developed context-specific
curriculum.
The salient features of CSS are:
• High quality education and equal
opportunities to all children living in a
community, not cheap, non-formal, inferior
and alternative education systems.
• Curriculum should be relevant to the geo
political context of children developed
through a consensus between the
community and experts from around the
country.
• Sharing of resources in a cluster.
• School infrastructure in every school,
which will enhance the learning capabilities
of students.
71
4. Teacher Recruitments and Absenteeism:
® Teachers should be recruited as per the
ratio of 1 teacher for 30 children. This
should not need sanctioning from the
finance ministry.
• 30 percent reservation for female teachers
so as to facilitate the enrolment and
retention of girl children in education. In
service training of teachers should include
sensitivity in attitude towards children with
special needs and other
o Every school must have a community watch
group consisting of parents, students,
teachers and other voluntary members from
the community to monitor teacher
absenteeism. Parents whose children have
been ‘pushed out’ of schools must be a part
of this.
® The head of the school should be held
responsible for the performance/nonperformance of the school.
o Continued in-service motivational
workshops and training of teachers should
be given high priority to ensure that
teachers are able to provide quality
education to all students.
5. Teachers should NOT be involved in the
electoral process or in census so that they can
focus on their primary responsibility of
providing good quality education. Teachers
should not be politicised.
6. Land and financial allocation to government
schools should be on a priority basis. The
education department should have the power
to recruit teachers when required and not wait
for the finance department to sanction the
number of teachers before their recruitment.
7.Management of schools should be the
responsibility of local communities (Village
Education Committees, Zila Level Committees,
Block Level Committee) as recommended by
the 1993 CABE committee report.
8. Enrolment and Retention
• Mid day meal program and facilitate support
from the community to cook the meals. The
72
•
®
600 calories should be a balanced meal and
not only carbohydrates (wheat, rice only)
School health program which address the
health needs of children while in school will
have to be implemented and monitored in
all government schools.
Reduce the mental and physical burden
(school bag and number of books) on
children and make curriculum more child
friendly through activity/project based
education.
9. Residential Schools:
® Residential schools are required to deal
with low enrolment and high drop out rates
of children in hilly, desert and tribal areas
where access to school is a issue and for
first generation learners who do not get
much needed support from home and tend
to drop out because of that.
o Residential camps should be set up to cater
to under-served and hard to reach
populations.
10. School Mapping: All states should do
school mapping after every 3 to 5 years. The
first all India School Mapping Survey should be
conducted before the end of 2003
11. Give priority to the education of girls
through awareness generation and program
incentives. For this to become a reality, at least
30 % of teachers should be women.
12. Inclusive education: Special provision
should be made in all schools to incorporate
children (Persons with Disability Act, 1995)
with disabilities in the normal school. The
curriculum, teacher training and infrastructure
should be modified in a manner to enable ease
of access to children with disabilities.
13. Legislation banning corporal punishment in
schools is a primary requirement to ensure
child retention and progress towards UEE.
14. The policy making process in the area of
education should be participatory
Representatives from civil society
organisations, children, parents, teachers and
73
policy makers should all be part of this
participatory process.
16. All persons in the age group of 0-18 are
considered children under the UN CRC. Adult
education, as envisaged in the current draft
caters more to adolescent children in the age
group 14 to 18. This age group should be part
of the comprehensive education system
envisaged above. As regards the 19 to 35 age
group, there must be comprehensive
plan/policy. This must view adult education
holistically and not merely on limited literacy
skills.
74
JILPROTECTING against abuse, exploitation and violence
National Policy Commitment
301 National Policy for Children Draft of June 2001
Children’s rights - economic, social, cultural and
civil, are fundamental human rights and must be
protected through combined action of the state, civil
society, communities and families in their obligations
in fulfilling children’s rights.
Right to Protection
a. All children have a right to be protected against
neglect, maltreatment, injury, trafficking, sexual
and physical abuse of all kinds, corporal
punishment, torture, exploitation, violence and
degrading treatment.
b. The State shall take legal action against those
committing such violations against children even
if they be legal guardians of such children.
c. The State shall in partnership with community
set up mechanisms for identification, reporting,
referral, investigation and follow-up of such acts,
while respecting the dignity and privacy of the
child.
d. The State and community shall take strict
measures to ensure that children are not used in
the conduct of any illegal activity, namely,
trafficking of narcotic drugs and psychotropic
substances, begging, prostitution, pornography
or armed conflicts. The State in partnership with
community shall ensure that such children are
rescued and
immediately placed under
appropriate care and protection.
e. The State and community shall ensure
protection of children in distress for their welfare
and all round development.
f. The State and community shall ensure
protection of children during the occurrence of
natural calamities in their best interest.
Concerns recorded at the 4th June 2003 GOI
Northern Regional Consultation Thematic working
Group:
The following are over-arching concerns, deserving
urgent attention and incorporation in the NPA:
• Extensive documentation through surveys at
district, state and national level on children in
need of care and protection.
75
•
•
•
•
®
•
•
•
•
•
•
Need for a comprehensive policy on children in
need of care and protection and children in
difficult circumstances.
The policy and also the NPA to address age
specifics.
Age, gender, disability, SC/ST and minorities to
be cross cutting themes.
A comprehensive definition of children in difficult
circumstances to be adopted in all policy,
planning and programming. The definition to be
broad enough to include vulnerability of children
on
account
of
their
social,
cultural,
environmental, geographical and political milieu
so as to ensure that homeless children, refugee
children and those affected by natural calamities
and man made disasters, those affected by
displacement due to development projects, the
disabled children etc. all get covered and there
is scope to include other vulnerable categories
in future as and when needed.
Mental health issues to be included under the
objectives on protection and need for psychiatric
help and counselling by trained personnel to be
given special attention while planning and
designing programmes for children in need of
care and protection.
Need for a comprehensive policy on Rescue
and Rehabilitation of trafficked children.
Government to stop arbitrary deportation of
victims of cross-border trafficking. They are not
to be treated as illegal migrants as they are
victims of a crime and human rights violation.
Government to provide for rehabilitation of such
victims and adopt a right-based policy for their
repatriation respectful of their dignity and right to
rehabilitation and reintegration.
Immediate implementation of the Juvenile
Justice (Care and Protection) Act 2000 in all
states.
More emphasis required on non-institutional
care. Govt, programmes on rescue and
rehabilitation to ensure children their right to
family and family environment.
Strengthening of family and family system to
enable them to protect their children.
76
i.
ABUSE, NEGLECT, EXPLOITATION AND
VIOLENCE
’See below for working group recommendations made at the GOI
Regional Consultation held on 4th and 16,h June 2003, on the
National Plan of Action for Children.
MAJOR GOAL:
UNGASS goal: 1. Protect children from all forms
of abuse, neglect, exploitation and violence [UN
43(a)]
National Goal: Similar as above.
OBJECTIVES
Develop and implement policies and programmes
for children, including adolescents, aimed at
preventing the use of narcotic drugs, psychotropic
substances and inhalants, except for medical
purposes, and at reducing the adverse
consequences of their abuse as well as support
preventive policies and programmes, especially
against tobacco and alcohol. [UN, 37 (20)]
2
Urge the continued development and
implementation of programmes for children,
including adolescents, especially in schools, to
prevent/discourage the use of tobacco and
alcohol, detect, prevent and counter trafficking,
and the use of narcotic drugs and psychotropic
substances except for medical purposes, by, inter
alia,
promoting mass media information
campaigns on their harmful effects as well as the
risk of addiction and taking necessary actions to
deal with the root causes [UN, 40(11)]
1. Promote comprehensive programmes to
counter the use of children, including
adolescents, in the production and trafficking
of
narcotic
drugs
and
psychotropic
substances [UN, 44 (15)]
2. Make appropriate treatment and rehabilitation
accessible for children, including adolescents,
dependent on narcotic drugs, psychotropic
substances, inhalants, and alcohol. [UN, 44
(16)]
3. To adopt and enforce laws, and improve the
implementation of policies and programmes
to protect children from all forms of violence,
neglect and abuse and exploitation, whether
at home, in school or other institutions, in the
workplace, or in the community.
4
Adopts special measures to eliminate
discrimination against children on the basis of
race, colour, sex, language, religion, political
or other opinion, national, social or ethnic
origin, property, disability, birth or other status
and ensue their equal access to education,
health and basic social services. [UN, 44 (3)]
5. End impunity for all crimes against children
by bringing perpetrators to justice and
publicizing the penalties for such crimes.
6. Raise awareness about the illegality and the
harmful consequences of failing to protect
children
from
violence,
abuse
and
exploitation. [UN, 44 (6)]
7. Promote the establishment of prevention,
support and caring services as well as justice
CONCERNS
There is no comprehensive definition of “children in
difficult circumstances” in government’s policy
documents and plans.
Violence and abuse faced by children inside their
homes is an area completely unaddressed by law
and policy. Such children should be included in
NPA provisions
Work with adolescents and women in slums and
resettlement colonies reveal that decision making rests
with men hence sentising only women will not help
unless men are also sensitized.
POLICY
1. Policy to be drafted on Children in Need of Care
and Protection.
2. A White Paper on criminal justice system for
children.
3. Review, amend existing ITPA. ITPA to have a
separate section on children.
4.
Draft a new legislation on Anti-Trafficking which
defines trafficking in all its forms i.e. prostitution,
labour, drugs, organ transplant, adoption,
marriage etc.
Communal
1997
Riots/Violence:
Recommendations of National Commission For
Minorities to set up statutory Community
Relations Commission at national, regional,
district and mohalla level to be set up at the
earliest to prevent communal disharmony.
5. National Commission For Minorities 1997
recommendation for enactment of a legislation -
Central Political Activities (Regulation) Act to
be drafted and tabled as a Bill at the very
earliest.
(All policies and social legislations
need to be discussed and debated at various
regional consultations both by concerned
constituencies and children across the country
prior to it being finalised. For it to be owned by
the people of this country they need to be part of
the decision making processes.
77
• systems specifically applicable to children,
taking into account the principle of restorative
justice and fully safeguard children’s rights
and provide specifically trained staff that
promote children’s reintegration in society
(UN, 44 (7)]
8. Protect children from foster care and adoptive
practices that are illegal, exploitative or that
are not in their best interests. (UN, 44 (120]
9Address cases of international kidnapping of
children by one of the parents (UN, 44 ( 13)]
10. Encourage measures to protect children from
harmful or violent websites,
computer
programmes and games, that negatively
influence the psychological development of
children,
taking
into
account
the
responsibilities of the family, parents, legal
guardians and caregivers [UN, 44 (19)]
11. Drug Demand Reduction Strategy, Ministry of
Social Justice and Empowerment: The
Government of India has adopted a 3pronged strategy consisting of: -
6. Child Sexual Abuse: Although the Govt, of
India is in the process of amending sections
375,376,354 and 509 of IPC and other relevant
sections of the Code of Criminal Procedure
(1973) and the Indian Evidence Act 1872. Our
recommendation is that there should be a
separate legislation for Children.
7. No person who has not completed 18 years of
age should be tried under ITPA, NDPA and
POTA but processed through the JJ Act 2000.
STRATEGIES
1. There is an urgent need to re-orient attitudes of
the medical community and simultaneously re
examine admission / treatment rules and
procedures pertaining to minors. One possibility
is to persuade medical institutions, particularly
i)
Building awareness and educating
OPDs in government hospitals, to reserve
people about ill effects drug abuse.
specific hours for any child in need.
ii) Dealing with the addicts through
programme of motivational counselling, 2. Remove the structural causes related to all
treatment,
follow-up
and
social
issues affecting children’s rights in the wider
reintegration of cured drug addicts
societal context and to awaken the conscience
iii) Provide
drug
abuse
prevention/
of the community to protect children from
rehabilitation training to volunteers with a
violation of their rights, while strengthening the
view to build up an educated cadre of
service providers.
family, society and the nation (National Policy
12. [Implement the] Street Children and Juvenile
and Charter for Children 2001, Draft).
Justice Work plan - 2000, Ministry of Social
3.
Special schemes should be formulated for
Justice and Empowerment- The objective of
Special Child Groups (Street Children etc) to
the work plan is to develop coordinated city
bring them into the mainstream of society.
level actions to address the needs of street
children, including those who come in conflict 4. Make widely available to awareness centres,
with the law. The work plan has 4 sub-plans
police, hospitals, municipal corporations, the
with the objectives to :
railways, NGOs, and the community, contact
details of child helplines.
i)
To strengthen family integration for
preventing children from working on the 5. Enforcement agencies, such as the police, have
streets,
been trained to give priority to offences
ii) To demonstrate and replicate workable
contained in what they call ‘major acts’. Thus for
approaches and actions to protect street
‘Minor acts’ such as ITPA, Child Marriage
children,
Restraint Act, etc., their own knowledge and
iii) To strengthen development of database
and formulation of policy for children
comprehension are limited
affected by armed conflict, (iv) to promote 6. A massive campaign needs to be launched, to
public awareness of the JJ Act.
sensitise the public on various issues in order to
protect the girl child from sexual exploitation,
13. The provide a sound basis for adoption within
the framework of the norms and principles
assault and physical abuse, the campaign
laid down by the Supreme Court of India
should also target the male members of the
[Guidelines for Adoption of India Children
family and the community to orient them
(1995)]
towards the special needs of girl children, their
right to equal treatment, dignity and respect.
Crisis intervention and rehabilitation services
are also needed for the large numbers of
78
ST RAT E GIE S
“
T Provide the full range of services viz,
Counselling and Awareness Centres;
Treatment-cum-Rehabilitation Centres,
De-addiction camps and Awareness
Programmes
2. Build partnerships with the allied systems
for child protection and promotion of child
rights.
3. Provide full coverage of services
envisaged under the Juvenile Justice
Act, 1986 so as to ensure that no child
under any circumstances is lodged in
prison.
4. Bring about qualitative improvement in
juvenile justice services.
5. Promote voluntary action for the
prevention
of
juvenile
social
maladjustment and rehabilitation of
socially maladjusted juveniles.
6. Develop infrastructure for an optimum
use of community based welfare
agencies.
7. Respond to children in emergency
situations and refer them to relevant
governmental and non-governmental
agencies.
8
Create a structure to ensure protection of
the rights of the child as ratified in the UN
Convention on the Rights of the Child
and the Juvenile Justice (Care and
Protection of Children) Act 2000
9. Provide a platform for networking
amongst organisations and to strengthen
the support systems to facilitate the
rehabilitation for children in especially
difficult circumstances
10. Sensitise agencies such as the police,
hospitals, municipal corporations, and
the railways towards the problems faced
by these children
11. Provide an opportunity to the public to
respond to the needs of the children in
difficult circumstances.
12. Initiate programmes focusing on children
in crisis situations such as street
children, children who have been
abused, abandoned and orphaned
children, children in conflict with the law
and children affected by conflicts and
diseases.
13. Prevent destitution of children and
facilitate their withdrawal from life on the
streets.
14 Provide infrastructure facilities required,
ensuring the implementation of Juvenile
Justice (Care and Protection of Children)
Act 2000.
15. Support NGOs for maintaining destitute
and orphan children with a view to
rehabilitating them through In-Country
Adoptions.
sexually abused and exploited girls across the
spectrum.
7. Apart from police raids, community participation
and pressure should be used to get brothel
keepers from purchasing minor girls and clients
from using services of such children
8. Involve
panchayat
members,
particularly
women, in conducting awareness programmes
on child abuse and prostitution.
9. Ensure panchayat members keep a vigil on
high-risk families.
10. Implement poverty alleviation programmes
aggressively in source districts.
11. Need to create a social environment wherein a
child in prostitution is not victimised, the larger
community should be sensitised towards the
problems, causes and consequences for
children.
12. A child’s testimony should be taken only in front
of the JJB and CWC
13. Reintegration with family should be in the best
interest of the child
14. Strengthen
implementation of NICE
by
commitment of allocation of funds. Ministry of
Social Justice and Empowerment launched a
national programme called National Initiative for
Child Protection in 2000. The primary objective
of NICP was to orientate and sensitise all
cadres of the various allied systems in the
country.
15. Review Mental Health issues of children.
16. Open centres for training in counselling skills.
Authorise a national body/council/institution
(such as NIMHANS) to give licences to trained
counsellors.
17. The J J Act 2000 must be fully implemented.
18. The JJ act 2000 is up for review in 2003.it
should be thoroughly reviewed for efficacy and
attention to child’s rights.
19. Child Welfare Committee (CWC) members and
Juvenile Justice Board (JJB) (both magistrates
and social workers attached to JJB), police force
especially the I.O and special designated police
official under J J Act and ITPA and care takers to
be given training on CRC issues and JJ Act.
This has to be on a long term sustained basis.
20. Probationary services in the country to be
strengthened.
21. Children of women prisoners rights to be
guaranteed
i.e.
right to - education,
development and health care.
79
16. Provide assistance in the field of social
defence to Voluntary Coordinating
Agencies involved in the promotion of In
Country Adoptions.
17. Develop counselling services for women
and children affected by psycho-social
trauma,
such
as
desertion
or
abandonment, familial discord, sexual
abuse, victimisation in trafficking or
prostitution, disability or terminal illness.
18. Develop an action plan for counselling
service in the country.
22.
Respond to children in emergency/crisis
situations
(drought,
floods,
earthquake,
communal riots, militancy, war) by empanelling
mental health professionals and institutions who
can deal with children’s traumas and fears
sensitively. Mental health care should be made
mandatory for any and all relief services in
emergency situations.
23. NFE and health care services to be started at
the very earliest.
24. Children found without families: the first priority
should be to ascertain if parents are alive, if not
if there is an extended family that can take
guardianship of the child. Institutionalising a
child should be the last resort.
25. Sponsorship scheme to be re-vitalised so that
“at risk families” can be addressed and families
do not disintegrate.
26. Local Administration to facilitate night shelters
and drop in shelters for use by NGOs running
programmes for street and working children.
27. Education I Food stamp scheme to be initiated
so that street and working children can avail of
school as well as be entitled to get food rations
from a PDS.
28. The NPA must address children (0-6) who are in
prisons by default. These children are deprived
of everything e.g. special needs in health care,
nutrition, education, creche facility, recreation,
playroom, etc. This would require modification in
the Prison Act
29. The NPA should lay greater emphasis on noninstitutional
services
especially
probation
services. More emphasis has been given to
institutional programmes. But institutions have
some inherent problems no matter how well
staffed and how well they may be managed.
The stigma, the contamination and regimented
way of life in institutions cannot be ruled out.
Therefore, community based non-institutional
programmes like sponsorship, foster-care,
adoption, child guidance, aftercare, follow-up
and rehabilitation need to be promoted.
30. The age of the juvenile varies from legislation to
legislation and this creates anomalies and
administrative difficulties, therefore, age should
be uniform in all the legislations so that there is
no discrepancy.
31. Sensitisation programmes need to be planned
and undertaken for school teachers and judges
in addition to those specified in item 11.
80
32. Children need to be involved in the planning,
implementation and decision making on matters
relating to them.
33. Special surveys by specially trained (NSS) staff
should be done periodically.
These measures should receive priority:
•
•
®
•
®
•
•
Child rape to be incorporated in existing law
Boys should be included in existing law
Incest should be separately addressed
The term rape should be broadened to
include “sexual offences”
Child should be allowed in camera trial.
Trials should be held within 6 months of the
complaint being filed
Medical services for rape victims should be
coupled with counseling.
*4th June Government of India Northern Region
NGO Consultation:
Working Group Recommendations:
The
group
accepted
the
concerns
and
recommendations suggested in the May 2003 draft
Citizens Alternate Proposals for NPA submitted to
the consultation VHAI.
A separate anti-trafficking legislation is needed
sought for a legal definition of child trafficking based
on the UNODCCP Protocol as well as the Goa
Children’s Act 2003, which should be added into the
IPC.
The objectives of this section in the GOI NPA Draft
were found to be by and large limited to drug
addiction and substance abuse. There is need to
widen the objectives to include all forms of child
abuse and violence such as domestic violence,
rape and child sexual abuse.
Note:
Implementation of the Juvenile Justice Act
• Required infrastructure
of services with
appropriate standards and oversight.
• Residential care should be the last resort and
should be of high standard.
• Required: strengthening of probation services
for children and professional training for
counsellors.
81
Recommendations from the 16th June Govt of India
Southern Region Consultation:
KEY SUGGESTIONS
>
>
>
>
>
>
Setting up of broad-based committees to plan,
monitor and evaluate child related programs and
activities at the center, state, and district levels
by the end of 2003. The committees should
comprise people’s representatives.
Integrate concern for child rights in training
programs for police, other government officers;
•
Prepare
model
training
manuals/
handbooks at Govt, of India level for
capacity building programs and IEC
activities the state level, which will address
specific problems and issues.
Review and strengthen laws on child labour by
2005.
• Executive Magistrates be given judicial
powers under Child Labour law.
• JJ Act: Rules to be set down and required
institutional support mechanisms set in
place positively by December 2003.
NHRC to organise public hearings on problems
and issues relating to children once in a year in
all states to ensure speedy implementation of
NPAC.
Regular situation analysis of problems and
issues concerning vulnerable children and
document rights violations and steps taken to
meliorate their condition.
•
Implementation of NPAC to be monitored
and evaluated on annual basis.
State level Action Plans for the Child must be
prepared by 2003/2004.
•
Local Self Govt, should play a bigger role in
child development; it should be the
responsibility of PRIs/Urban Bodies to
prepare
annually status
reports on
problems and issues concerning children;
funds should be allocated for them to
prepare and implement action plans on
children.
Organisations providing shelter to children in
any form should be registered/certifies under the
J J Act 2000 or the Orphanages Act 1960.
• State and District level Database should be
82
prepared on agencies working in the field of
Child Rights, Development and Protection.
> Quantifiable targets to be set for Universal
Education for children with Disabilities.
• Special Provision in State and District
contingency plans affected by disasters.
• State level Police cells be set up to check
trafficking in children.
> Priorities for public awareness, community
education.
• What can be done to prevent parents and
caregivers from exploiting and neglecting
the children?
• How can the plan achieve gender quality
while it speaks of only adolescent girls
being trained to manage homes better?
® There is need for better congruence
between the objectives listed vis-a-vis the
strategies mentioned to achieve :?ie same.
83
2.SEXUAL EXPLOITATION AND
TRAFFICKING
UNGASS GOAL
Protect children from all forms of sexual
exploitation including pedophilia,
trafficking, and abduction (UN, 43 C)
NATIONAL GOAL: same as UNGASS
goal.
OBJECTIVES
1-Take concerted national and
international actions as a matter of
urgency to end the sale of children and
their organs, sexual exploitation and
abuse, including the use of children for
pornography, prostitution and
paedophilia and to combat existing
markets. [UN 44 (40)]
2.Raise about the illegality and harmful
consequences of sexual exploitation and
abuse including through the Internet and
the trafficking of children [ UN 44 (41)]
2.Enlist the support of the private sector,
including the tourism industry and the
media, for a campaign against sexual
exploitation and trafficking of children [
UN 44 (42)]
3.Ensure the safety, protection and
security of victims of trafficking and
sexual exploitation and provide
assistance and services to facilitate their
recovery and social integration [UN 44
(44)]
4.Take necessary action at all levels as
appropriate to criminalise and penalise
effectively, in conformity with all relevant
and applicable international instruments,
all forms of sexual exploitation and
sexual abuse of children, including within
the family or for commercial sale of
children and their organs and
engagement in forced child labour and
any other form of who are victims, the
best interests of the child shall be a
primary consideration (UN 44 (47)]
STRATEGIES
1 .Implement the Plan of Action to
Combat Trafficking and Commercial
Sexual Exploitation.
2.Provide assistance to women in difficult
circumstances (destitute widows, women
prisoners, women disasters of natural
disasters, trafficked girls/ women and
mentally disordered women) by providing
shelter, food, clothing, health care,_____
‘See below for working group recommendations made at the
GOI Northern Regional Consultation held on 4,h June on the
National Plan of Action for Children.
CONCERNS
Trafficking of children is also for several
exploitative purposes other than for the sex
trade. NPA measures need to address the
range of causes.
This provision needs to be age-specific in its
range of interventions.
The section needs to be renamed as ‘Child
Trafficking’ because trafficking is a process
and sexual exploitation may happen during
the process or may be an end result or
purpose.
The strategies fail to address the various
purposes for which children are trafficked such
as labour, marriage, adoption, circus and other
entertainment, camel jockeying and similar
sports, organ trading, smuggling of drugs and
arms etc.
The objectives listed out for this section on the
basis of UNGASS Goals are not matched with
corresponding strategies to fulfil them.
The Strategies for this section primarily focus on
women or at best the girl child. This ignores the
fact that boys are equally vulnerable to
trafficking as well as to sexual exploitation.
The Goa Children’s Act 2003 is an exemplary
legislation, in its comprehensive definition of
child trafficking. The National Plan of Action
should also adopt a similar definition, and can
benefit from the content of this state legislation..
The NPA must recognise child trafficking as
a crime. It must also recognise that the
various purposes beyond sexual exploitation
for which children are trafficked are largely
criminal, and all anti-social, and this should
result in stronger and clearer NPA
provisions.
GOALS
1. Eliminate child trafficking in all its forms by
2015.
2. Protect children from all forms of child
trafficking through child-friendly policies, law and
action.
84
counseling and social and economic
rehabilitation.
3.Provide assistance to voluntary
organisations for preventing trafficking of
women and girls and to provide
temporary shelter for the victims, help in
their repatriation to hometown,
rehabilitation, and prosecution
OBJECTIVES
It is recommended that Government’s proposed
objectives be reworked as follows
• Take concerted national and international
actions as a matter of urgency to end child
trafficking in its various forms.
• Take necessary action at local, national,
regional and international levels to provide
care and protection to children against sale
purchase, movement, recruitment, transfer,
harbouring or procurement for purposes that
result in their exploitation or where
exploitation, use of force or threat, fraud or
deception are implicit in the very process.
This shall include children trafficked for
labour,
marriage,
adoption,
sports,
entertainment, organ trade and illegal
activities including begging, drug 'peddling
and smuggling, children trafficked for sexual
exploitation and abuse, including the use of
children for pornography, prostitution and
paedophilia.
© Take concerted national and international
actions as a matter of urgency to combat
existing markets that perpetuate child
trafficking.
• To tackle the root causes leading to child
trafficking through holistic planning and
implementation of programmes.
• Raise awareness of the illegality and harmful
consequences of child trafficking, sexual
exploitation and abuse including through the
Internet.
• Enlist the support of the private sector,
including the tourism industry and the media,
for a campaign against trafficking of children
and their economic and sexual exploitation.
® Ensure the safety, protection and security of
victims of trafficking and provide assistance
and services to facilitate their recovery and
social integration.
• Take necessary action at all levels as
appropriate to criminalise and penalise
effectively, in conformity with all relevant and
applicable international instruments, all
forms of child trafficking, sale of children and
their organs, their engagement in forced
child labour, sexual exploitation and sexual
abuse of children, or use and abuse of
85
©
children for unconscionable gain. In all action
undertaken to eliminate child trafficking the
best interests of the child shall be a primary
consideration.
Monitor and share information locally,
nationally, regionally and internationally on
the cross-border trafficking of children;
strengthen the capacity of border and law
enforcement officials to stop trafficking and
provide or strengthen training for them to
respect the dignity, human rights and
fundamental freedoms of all children (girls
and boys) who are victims of trafficking.
STRATEGIES
Recommended that the proposed Govt.
strategies be replaced by the following:
• Extensive documentation of the various
forms and purposes of child trafficking to
enable a better understanding of the
magnitude of the problem and a mapping of
routes used by the traffickers.
o Legal reform to recognise all forms of child
trafficking as a crime and to make
registration of birth and marriage compulsory
as well as to declare child marriage null and
void and increase the punishment for those
responsible for it.
• Adoption of a comprehensive definition of
Child Trafficking in law and policy, especially
in the IPC. The proposed definition shall
read as follows:__________________________
"The procurement, recruitment, transportation.
transfer, harbouring or receipt of persons up to
the age of 18 years, (legally or illegally), within
or across borders, by means of threat or use of
force or other forms of coercion, ofabduction, of
deception, of the abuse ofpower or ofposition of
vulnerability or. of the giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person, with
the intention or knowledge that it is likely to
cause or lead to exploitation. ”
- Adapted from the UN ODCCP
definition by CACT (a national campaign against
child trafficking).___________________________
• Ratification of International Protocols on
Human Trafficking such as the UN protocol
to Prevent, Suppress and Punish Trafficking
in Persons and the Optional Protocol to the
86
•
•
•
o
®
•
•
•
•
•
•
•
•
•
CRC on sale of children, child prostitution
and child pornography.
Effective
mechanisms
for
recording,
investigation and inquiry and monitoring of
cases of child trafficking, without further
victimising the victim e.g. testimonies of
children shall be taken by the Child Welfare
Committees and/or Juvenile Welfare Boards.
All Courts of law shall accept these
testimonies in matters involving children.
Easy access for the victims to trauma
counseling and free legal assistance and
qualified interpreters during all proceedings.
Adoption of extra-territorial laws to deal with
international offenders who are booked for
child sex-tourism.
Developing guidelines for intervention and
arriving at an agreement between the
concerned countries to prever.', trans-border
trafficking.
Witnessing protection procedures and victim
services in countries of origin for cases of
repatriation.
A comprehensive rescue and rehabilitation
package for all States to follow. This shall
include provision of social, medical and
psychological
counseling
by
trained
personnel, and services like health check
ups and treatment, nutrition, education,
vocational education etc.
Establishment of crisis-intervention centres.
Establishment of short stay homes and dropin centres for both girls and boys in all
districts.
Establishment
of
Children’s
homes,
Observation homes, Special homes and
After-care homes in all States for both boys
and girls.
Establishment of information dissemination
cells in each district on missing children. This
shall involve the Panchayat, Block and
District level bodies of local self-governance.
Appointment of special officers for child
trafficking in every police station
Deputation of vigilance teams at strategic
points to check illegal migration.
Establishment of a strong child protection
network.
Co-operation and Co-ordination between
Child Line, National Institute of Self Defence,
87
•
•
o
©
•
•
°
•
•
•
Police and the Government.
NCRB shall collate and produce statistics on
child trafficking
Sensitisation and training programs for
Parliamentarians, Police, Judiciary, Health
Personnel, Passport Officials, Immigration
Officials,
Media,
NGOs
and
other
Government officials and funtionaries such
as
members of the
Child welfare
Committees,
Juvenile Justice
Boards,
Probationary Officers, Special Police Officers
etc.
Mass awareness drives and community
education to combat the lack of awareness
and apathy among the general public.
Wide and sensitive media coverage of child
trafficking incidents.
Extensive use of both national and paid TV
channels as well as radio for raising
awareness on child trafficking. Dedicate time
for spots on child trafficking as part of public
service broadcasting on national channels.
Involve NGOs in developing the TV spots.
Ensuring children their right to adequate
housing and right to education
Living wages for adults
Recognition of trafficked children as ‘children
in difficult circumstances’ in all policies and
for programmatic intervention.
Mandatory license or certification for
agencies/agents
providing
domestic
servants. All States/Districts to maintain a list
of such agencies and regularly updated it
and make it public. Regular monitoring of
and surprise checks in such placement
agencies by the District Magistrate/District
Collector/SP/any other competent authority
notified to do so in the official gazette.
Disaster management policies and plans
with specific activities to check child
trafficking in the event of a natural calamity
or man-made disaster or conflict situations.
*4th June Government of India Northern
Regional NGO Consultation:
Working Group Recommendations:
The group, unanimously agreed upon
concerns and recommendations suggested
88
in the Citizen’s Alternate Proposals for NPA
prepared on behalf of IACR and in
partnership with VHAI.
The group agreed that where the GOI NPA
Draft writes women and girls in the section
on sexual exploitation and trafficking, it
needs to be replaced by children (girls and
boys).
The section needs to be renamed as Child
Trafficking.
The third objective in the GOI NPA Draft on
Sexual Exploitation and Trafficking was
reworded as follows: “ provide assistance to
voluntary
organizations for preventing
Trafficking of children (girls and boys) and to
provide temporary shelter for the victim, help
their rehabilitation and social reintegration .
i
Additional points raised and agreed upon
were:
o Government to implement the SAARC
Convention
on
Preventing
and
Combating Trafficking in Women and
Children for Prostitution.
• Government to implement the National
Plan of Action for Combating Trafficking
in Women and Children.
• Reports
on
violence
by
Radhika
Coomaraswamy in her capacity as the
Special Rapporteur to be reviewed and
implemented.
• Sensitisation programmes required for all
elected representatives, including those
at the Panchayat, Block and District
levels and in the Municipalities and
Municipal Corporations.
• Sensitisation
and
awareness
programmes
also
required
for
transporters and tourism industry.
---------------------------- - ---------------------------------------
89
111.3. COMBATING CHII D I AROHR
I
——----------------------------
National Policy Commitment:
National Policy for Children GOI Draft of June 2001
Right to be protected from economic exploitation
a. The State shall provide protection to children from
economic exploitation and from performing tasks that
are hazardous to their well-being.
b. The State shall ensure that there is appropriate
regulation of conditions of work of a non-hazardous
nature and that the rights of the child are protected.
c. The State shall move towards a total ban of all forms of
child labour.
UNGASS GOALS
Take immediate and effective measures to
eliminate the worst forms of child labour as
defined in the International Labour Organisation
Convention No. 182, and elaborate and
implement strategies for the elimination of child
labour that is contrary to accepted international
standards. [UN 43 (D)]
* These comments and recommendations include those made by the GOI
northern regional consultation of 5th June and southern regional
consultation of 16,h June 2003, reflecting the conclusions presented by
Government and NGO participants.
CONCERNS & PRIORITIES
>
NATIONAL GOAL
To eliminate child labour from hazardous
occupation from 2005 and progressively move
towards complete elimination of child labour
(working paper on the 10th Plan)
> As per 1991 census there are 89 million “nowhere
children”. They are not in school and therefore
potentially child labourers.
>
OBJECTIVES
1.
2.
3.
4
Take immediate and effective measures to
secure the prohibition and elimination of the
worst forms of child labour as a matter of
urgency. Provide for the rehabilitation and
the social integration of children removed
from the worst forms of child labour through
inter alia ensuring access to free basic
education and, whenever possible and
appropriate, vocational training. [UN 44 (33)]
Elaborate and implement strategies to
protect children from economic exploitation
[UN 44 (350]
Take appropriate steps to assist one another
in the elimination of the worst forms of child
labour through enhanced economic co
operation and/or assistance including
support
for
social
and
economic
development,
poverty
eradication
programmes and universal education [UN
44 (340]
Promote international co-operation to assist
one developing countries upon request in
addressing child labour and its root causes,
inter alia, through social and economic
policies aimed at poverty eradication, while
stressing that labour standards should not
India has the highest number of working children in the
world. More children are entering labour in the wake of
globalisation and liberalisation.
Child labour includes children prematurely leading adult
lives, working with or without wages, under conditions,
damaging to their physical, mental, social, emotional
and spiritual development, denying them their basic
rights and entitlements to education, health and
development. Under these conditions all forms of child
labour are hazardous.
> An accurate count of child labourers is overdue. A
priority task of the NPA’s first phase is to find out actual
numbers, occupations and locations.
> A first and immediate action must be to rescue and
remove children aged below 10 years from the work
force. This objective must be achieved by the end of
2005.
> All measures to prevent child labour and all
interventions to rescue and rehabilitate child workers
must be age specific, taking into account the
vulnerability and special needs of the child at each
stage of childhood.
>
Measures to recover and rehabilitate children from
socially stigmatised occupations, such as child
prostitution, must ensure respect for the dignity of the
90
5.
6.
f°r Protectionist trade purposes
[UN, 44 (37)]
Mainstream action relating to child labour
>n o national poverty eradication and
development efforts, especially in policies
and programmes in the areas of health,
education,
employment
and
social
protection. [UN, 44 (39]
National Child Labour Policy: Future Action
Plan under the Policy includes:
(a) Legislative action plan
(b) Focussing on general development
programmes for benefiting child
labour - focus on education, health,
nutrition
and
anti-poverty
programmes coverage.
(c) Project based Plan of Actions
STRATEGIES
1
2.
3.
Establish special schools to provide nonformal education, vocational training,
supplementary nutrition, stipend, healthcare
etc.,
to
children
withdrawn
from
employment.
Effectively enforce child labour laws and
make provisions for non-formal education,
adult education, income and employment
generation, direct rehabilitation of child
labour, raising of public awareness and
survey and evaluation.
Provide financial assistance to voluntary
organisations for taking up welfare projects
to rehabilitate working children.
Child.
> The present cut-off age level of 14 years for the end of
compulsory schooling, implying the ‘end of childhood’,
is to low and unfair to children. The minimum age for
child labour in any civil occupation should be raised to
at least 16 years. The minimum age for recruitment into
military/ para-military employment should be raised to
18 years.
>
Fact-finding, local mapping and monitoring are essential
components of both preventive and rehabilitative
initiatives. State action must ensure this. Local
leadership must share responsibility and accountability
for it.
>
Strategies to protect children from economic
exploitation must address adult unemployment and
insecurity of livelihood.
> Child labour reflects the choida of employers to opt for
the cheapest and most helpless workforce available. It
is the result of direct exploitation of the over all labour
availability.
> The severe violation of rights of domestic child workers,
not listed as a hazardous occupation in the child labour
law, demonstrates the law’s inadequacy.
> The present understanding of child labour controls and
concentrates on listed hazardous occupations and this
limits interventions largely to labour in the organised
and urban sectors. This leaves out the 80% child
labourers engaged in rural work settings.
>
Banning hazardous work does not equal elimination.
Child labour has shifted from visible work sites to less
visible home locations.
> Child labour and lack of UEE are two sides of the same
coin. Action to implement the 93rd Constitutional
Amendment Bill should bring all children in full-time
school and that should mean none in child labour.
Neither goal will succeed without the other.
> Among the range of occupations into which children are
inducted , or forced, cutting short normal childhood and
exposing them to physical and psychological risk and
danger, induction into groups engaged in militant or
para-military activities
GOALS
1. Achieve the constitutional goal that the tender age of
children is not abused and that citizens are not forced
91
by economic necessity to enter vocations unsuited to
their age or strength (Art. 39 of the Constitution).
2. Ensure the constitutional commitment that all children
are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and
dignity and that youth are protected against exploitation
and against moral and material abandonment (Art. 39 f
of the Constitution).
3. State protection to children against economic
exploitation beginning with protection from performing
tasks that are hazardous to their well-being. (Draft
National Policy, 2001)
4. State action to progressively effect a total ban of all
forms of child labour. (Draft National Policy, 2001)
> Elimination of child labour from listed
hazardous occupations from 2005.
> Elimination and recovery of all child workers aged
below 10 years from all forms of child labour by
2005.
> Phased action to progressively eliminate child
labour with targets for 2007, 2010.
> Expansion of the list of “hazardous occupations” to
include a wider range of occupations.
> Progressive measures to eradicate child labour from
the occupations added to the list.
Elimination of all forms of child labour by 2015 among
children upto the age of 14 years.
6. Elimination of hazardous forms of child labour in the
age group of 15-18 years.
5.
COMMENTS
> A comprehensive understanding of the problem is
lacking. The strong correlation between basic
education-formal,
quality
schooling-livelihood
insecurity and the persistence of child labour must be
addressed though a holistic approach and effort.
> Children rescued or recovered from the labour force
must have the right to quality education. Non - formal
education can only be a short -term strategy in acting
as a bridge between no schooling and formal schooling.
> In spite of the existing legal provisions and interventions
by the Supreme Court, there have been very few
convictions based on application of the Child Labour
Act.
> The Committee on the Rights of the Child has
recommended the withdrawal of the declaration with
respect to Article 32 of the Convention and the
amendment of the 1986 Child Labour Act so that the
92
provisions for the prohibition of child labour extend to
household enterprises, government schools and
training centers and to agriculture and other informal
sectors. It also recommended the amendment of the
Factories Act, Beedi Act and the provision for all
employers to provide proof of age of persons they
employ. India should act upon these recommendations.
> Can we have the legal presumption that employing
children is equivalent to bonded labour.
RECOMMENDATIONS
1. Policy and law
>
>
>
>
>
>
>
>
>
India’s new national policy and plan must redefine child
labour in a comprehensive way consistent with CRC,
but with awareness that CRC does not call for total
abolition of child labour and therefore going beyond the
CRC minimum goal.
The national policy should be amended to remove the
contradiction between paragraphs ‘b’ and ‘c’ of this
provision, in favour of paragraph ‘c’.
India should set a timetable of target years to fulfil its
declared intention of total eradication.
Laws and labour regulation curbing child labour should
have penalty clauses to hold employers and labour
department and / or surveillance officials liable to
penalty.
Strengthen the Bonded Labour System (Abolition) Act
and the Child labour (Prohibition and Regulation) Act,
with additional punishments for violators, including
forfeiture
of
operating
licenses,
seizure
of
manufacturing equipment etc.
Amend the Bonded labour System (Abolition) Act, 1976
to significantly increase fines to be paid as
compensation to freed bonded labourers.
Make it mandatory for all employers to have and furnish
on demand, proof of age of all children working on their
premises. Failure to do so should constitute a separate
violation of the act. Where the child’s age is under
dispute, the onus shall be on the employer to prove that
the child is above the age of fourteen years.
Amend the Child Labour (Regulation and Prohibition)
Act 1986 to address the elimination of all forms of child
labour upto the age of 14years by 2005 based on a
comprehensive definition of child labour and the other
labour laws.
A comprehensive law or code on child labour and child
employment -’should include provisions against the
recruitment and employment of children in military or
para-military occupations.
93
2. PROGRAMMES AND IMPLEMENTATION MEASURES
Programmes
>
Programmes to cover children of women prisoners,
leprosy patients, children in jails, custodial care, victims
of domestic violence displaced and migrant groups.
3.
Investment scale and scope
>
Raise and mobilise rehabilitation resources by collecting
Rs. 20,000 payment per child employed that employers
must pay under the 1996 judgment of the Supreme
Court of India, creating a Child Labour Rehabilitation
and Welfare Fund, at the district level in each state.
(Employers are expected to contribute Rs.20,000
towards this fund for every child worker employed in
hazardous and non-hazardous industry).
4. Factual Base, Indicators, Monitoring, Audit
STRATEGIES
>
>
>
>
>
>
>
>
Multi-pronged approach to child
labour based on
intersectoral and inter-departmental co-ordination. All
departments must ensure that component of elimination
of child labour in the implementation of their
programmes specially in the issue of licenses, contracts
and bids.
Village Level of mapping of children by 2005 with the
help of Panchayati Raj institutions, municipal
corporations and NGOs. Regular surveys to assess the
number of child labour in the country and monitoring
and evaluation of interventions.
State district level plan by 2005 based on a common
holistic definition of child labour.Setting up of state and
district level vigilance committees as recommended by
the Committee on the Rights of the Child.(CRC
Committee)
Labour officials must be held responsible and liable to
penalty for non-prosecution of employers employing
children.
Effectively enforce child labour laws.
Make provisions for non-formal education as a stop gap
bridge course to enable the mainstreaming of all
rescued child workers upto the age of 14 years into
formal schooling.
Provisions for vocational education for children in the
15-18 age group
Replacements child labour by adults and income
employment generation for parents.
94
> Raising of public awareness.
> Schools in drought prone areas which are some of the
main “supply” areas for child labour be set up as centre
where all basic needs of the child are met—food, health
care, child care for addressing the needs of children
engaged in sibling care.
> Mainstream action related to child labour into poverty
eradication and development efforts, especially policies
and programmes in areas of health, education,
employment and social protection.(UNGASS).
> Regular surveys to assess the number of child labour in
the country and monitoring and evaluation of
interventions.
CAN WE HAVE THE LEGAL PRESUMPTION THAT
EMPLOYING CHILDREN IS EQUIVALENT TO BONDED
LABOUR?
*4th June Government of India Northern Region NGO
Consultation:
Working Group Recommendations:
The group unanimously endorsed the concerns and
recommendations of the Citizen’s Alternate Proposals
for NPA complied and submitted by IACR and VHAI.
95
CHILD IN ESPECIALLY DIFFICULT CIRCUMSTANCES
National Policy Commitments
GOI National Policy for Children Draft June 2001
Rights of children from
disadvantaged communities.
•
©
marginalised
and
The State and community shall respect the rights
of
children
from
all
marginalised
and
disadvantaged communities, to preserve their
identity.
The State recognises that children from
disadvantaged communities, especially from the
Scheduled Castes and Tribes, are in need of
special intervention and support in all matters
pertaining to education, health, recreation and
supportive services. It shall make adequate
provisions for providing such groups with special
attention in all its policies and programmes.
Improve the plight of millions of children who live
under especially difficult circumstances [UN 43
(E)]
‘See below for working group recommendations made at the GOI
Regional Consultations held on 4th and 16th June 2003 on the National
Plan of Action for Children.
NATIONAL GOALS: same as the UNGASS
ones
CONCERNS
OBJECTIVES
1.
2
3.
4.
5
Adopt and implement policies for the
prevention, protection, rehabilitation and
reintegration, as appropriate, of children
living in disadvantaged social situations and
who are at risk, including orphans,
abandoned children, children of migrant
workers, children working and/or living on
the street and children living in extreme
poverty, and ensure their access to
education, health and social services as
appropriate. (UN 44 (11)]
Establish mechanisms to provide special
protection and assistance to children without
primary caregivers [UN 44 (10)]
Ensure that children affected by natural
disasters receive timely and effective
humanitarian assistance [UN 44 (18)]
Provide protection and assistance to
refugees and internally displaced persons,
the majority of whom are women and
children, in accordance with International
Law, including international humanitarian
law.’[UN44(17)]
Ensure that children affected by natural
disasters receive timely and effective
humanitarian
assistance
through
a
commitment to improved contingency
planning and emergency preparedness, and
that they are given all possible assistance
1. There is no comprehensive definition of “children
in difficult circumstances” in government’s policy
documents and plans. Both the new policy and
NPA should attempt this.
2. Violence and abuse faced by children inside their
homes is an area completely un-addressed by
law and policy. The NPA must not assume that
all homes and family settings are ‘caring’ or
protective of the child’s best interests.
3. Children in difficult circumstances include street
children, working children, child sex workers,
child drug addicts, children in conflict with law,
children with disabilities, children afflicted or
affected by HIV/AIDS, tuberculosis, leprosy;
children affected by various disasters (natural
and man-made), children affected by local,
national and international conflicts and children
whose families are in crisis, including those
belonging to broken families, or suffering
domestic abuse.
4. Sale of children during times of calamity or
scarcity must be prevented. State intervention
should be remedial before being positive.
96
6
and protection to help them resume a
normal life as soon as possible. [UN 44 (18]
The objectives of National Policy on Natural
Disasters are.
STRATEGIES
I.
(i)
(ii)
To empathise with the sufferings of
the people affected by natural calamity
To subserve long term and short term
policy objectives of the Government.
STRATEGIES
1
2.
3.
Prevent destitution of children and facilitate
their withdrawal from life on the streets
Provide for shelter, nutrition, health care,
education, recreation facilities to street
children.
Protect destitute children against abuse and
exploitation
Put authorities on high alert whenever there are
factory closures, work stoppages or economic
displacement, natural calamities, famine, or
drought as a mode of prevention of exploitation
and abuse of children.
2. Empanelling mental health professionals who
can deal with the children’s traumas and fears
sensitively.
3. Build networks of children affected by or living in
areas of armed conflict and violence, run by
older children.
4. Mental health should be made mandatory for
any and all relief services for man made as well
as natural disasters.
5
Getting education programmes and health
services started for children should be of utmost
priority in the aftermath of a man made or
natural disaster.
6. Thus a comprehensive approach to disaster
management, that keeps long term and short
term needs of children in mind, and clearly
addresses the mental and physical needs of
children, needs to be developed.
7. Children of tribal communities, and those living
in hilly areas face their own problems of survival
and difficulties of access to services. A
comprehensive strategy needs to be involved to
address their needs and ensure they are not
alienated from their own lands or exploited.
8. Adopt a consistent definition of children under
difficult circumstances and children with special
needs.
9. The plan does not mention children (0-6) who
are in prisons by default. These children are
deprived of everything e.g. special needs in
health care, nutrition, education, creche facility,
recreation, playroom, etc. The NPA should
include review and necessary modification of the
Prison Act.
10. Non-institutional services especially probation
services have not been emphasised in the NPA.
More emphasis has been given on institutional
programmes. But institutions have some
inherent problems no matter how well staffed
and how well these may be managed. The
stigma, the contamination and regimented way
of life in institutions cannot be ruled out.
Therefore, community based non-institutional
97
11.
12.
13.
14.
15.
programmes need to be promoted (like
sponsorship,
foster-care,
adoption,
child
guidance,
aftercare,
follow-up
and
rehabilitation).
The age of the juvenile varies from legislation to
legislation and this creates anomalies and
administrative difficulties, therefore, age should
be uniform in all the legislations so that there is
no discrepancy.
Too many legislations confuse the judiciary and
the police. Hence it is suggested that restrict the
number
of
laws
and
emphasise
on
implementation.
Sensitisation programmes need to be planned
for school teachers and judges in addition to
those specified in item 11.
Children need to be involved in the planning,
implementation and decision making on matters
relating to them.
Work with adolescents and women in slums and
resettlement colonies reveal that decision
making rests with men hence sentising only
women will not help unless men are also
sensitised.
*4th June Government of India Northern Region
NGO Consultation:
Working Group Recommendations:
The group, unanimously agreed upon concerns
and recommendations in the Citizen’s alternate
proposals draft for NPA prepared on behaif of
IACR and in partnership with VHAI.
The need to have a comprehensive definition was
reiterated.
The Strategies in the GOI NPA draft were felt to
be inadequate as they touched only the destitute
children forgetting all others who are children in
difficult circumstances.
National initiative for children’s protection
(Mentioned but not approved in the Tenth Plan)
should be funded and operated.
98
III. 3. COMBATING HIV/AIDS
UNGASS GOAL
CONCERN
1,By 2003, establish time-bound national HIV/AIDS is a mounting risk to India and its children
targets to achieve the internationally agreed and must receive priority attention for prevention and
global prevention goal to reduce by 2005 HIV
prevalence among young women and men control focussing on children and their special
aged 15 to 24 in the most affected countries vulnerability. It must not be treated narrowly as a
by 25 per cent and by 25 per cent globally by health issue.
2010, and to intensify efforts to achieve these
targets as well as to challenge gender Political will and its consistency and continuity will
stereotypes and attitudes, and gender
determine the effectiveness of programmes. Hence
inequalities
in
relation
to
HIV/AIDS,
encouraging the active involvement of men strategies to build these in are required. Political will
should be a positive lever for generating social and
and boys [ UN 46(a) ]
2.By 2005, reduce the proportion of infants community will.
infected with HIV by 20 per cent, and by 50
per cent by 2010, by ensuring that 80 per cent Children are vulnerable in 3 categories:
of pregnant women accessing antenatal care
have information, counselling and other HIV
prevention services available to them, 1. Children who are infected
increasing the availability of and by providing 2. Children who are affected
access for HIV-infected women and babies to 3 Children who are at risk
effective treatment to reduce mother-to-child
transmission of HIV, as well as through
Interventions must be age-specific. Children must
effective interventions for HIV-affected women,
feature
specifically in the national AIDS control
including
voluntary
and
confidential
policy.
counselling and testing, access to treatment,
especially anti-retro-viral therapy and, where
appropriate, breast milk substitutes and the Measures must also address:
provision of a continuum of care. [UN 46 (B)]
3.By 2003, develop and by 2005, implement Stigmatisation related to HIV/AIDS: Include sexual
national policies and strategies to: build and
strengthen
governmental,
family
and health in life skills specify target groups - IEC needs
community capacities to provide a supportive to be for all school age children, with appropriate
environment for orphans and girls and boys messages.
infected and affected by HIV/AIDS including by
providing appropriate counselling and psycho Information on modes of transmission, means of
social support; ensuring their enrolment in combating, coping, including if family members are
school and access to shelter, good nutrition,
health and social services on an equal basis affected, plus debunking myths regarding HIV/AIDS.
with other children; to protect orphans and
vulnerable children from all forms of abuse, -In prevention, as well as care especially if orphaned
violence,
exploitation,
discrimination, or made destitute due to affected parent, access to
trafficking and loss of inheritance [UN 46 ©]
all services including school, health and recreation.
-Provide counselling services for adolescents and
national goal
1-Achieve Zero level growth of HIV/AIDS by
2007 (National Health Policy)
OBJECTIVES
1-By 2003, ensure the development and
implementation of multicultural nat,°na'
strategies and financing plans for com a i
HIV/AIDS that: address the ePldemlc'2
forthright terms; confront stigma, silence
denial; address gender and
te
dimensions of the epidemic; e1
discrimination and marginalisation, to 1
Partnerships with civil society and the
sector and the full participation of Pe0P
d
with HIV/AIDS, those in vulnerable group a
People mostly at risk, particularly wo
t
young people; are resourced to> he
Possible from national_budgets_------ .
-Use all types of media and channels in IRC I
adults
campaigns
-Develop alternative employment avenues for low
income
-Ensurewomen.
training of health personnel, including on thP
-No
child
should
be denied access or admission to I
Confidentiality
principle.
services,or
including
infected
affected.schooling, for the reason of being
y
-Adopt BPNI strategy to:
Provide training on infant and child feeding to all who
are in contact with HIV+ve mother. Protect, promote
and support exclusive breastfeeding for first 6
99
HI. 3. COMBATING HIV/AIDS
UNGASS GOAL
1 By 2003, establish time-bound national
targets to achieve the internationally agreed
global prevention goal to reduce by 2005 HIV
prevalence among young women and men
aged 15 to 24 in the most affected countries
by 25 per cent and by 25 per cent globally by
2010, and to intensify efforts to achieve these
targets as well as to challenge gender
stereotypes and attitudes,
and gender
inequalities
in
relation
to
HIV/AIDS,
encouraging the active involvement of men
and boys [ UN 46(a) ]
2.By 2005, reduce the proportion of infants
infected with HIV by 20 per cent, and by 50
per cent by 2010, by ensuring that 80 per cent
of pregnant women accessing antenatal care
have information, counselling and other HIV
prevention services available to them,
increasing the availability of and by providing
access for HIV-infected women and babies to
effective treatment to reduce mother-to-child
transmission of HIV, as well as through
effective interventions for HIV-affected women,
including
voluntary
and
confidential
counselling and testing, access to treatment,
especially anti-retro-viral therapy and, where
appropriate, breast milk substitutes and the
provision of a continuum of care [UN 46 (B)]
3 By 2003, develop and by 2005, implement
national policies and strategies to build and
strengthen
governmental,
family
and
community capacities to provide a supportive
environment for orphans and girls and boys
infected and affected by HIV/AIDS including by
providing appropriate counselling and psycho
social support; ensuring their enrolment in
school and access to shelter, good nutrition,
health and social services on an equal basis
with other children, to protect orphans and
vulnerable children from all forms of abuse,
violence,
exploitation,
discrimination,
trafficking and loss of inheritance [UN 46 ©]
NATIONAL GOAL
1 Achieve Zero level growth of HIV/AIDS by
2007 (National Health Policy)
OBJECTIVES
1.By 2003, ensure the development and
implementation of multicultural
national
strategies and financing plans for combating
HIV/AIDS that, address the epidemic in
forthright terms, confront stigma, silence and
demal; address gender and age-based
dimensions of the epidemic,
eliminate
discrimination and marginalisation, to involve
partnerships with civil society and the business
sector and the full participation of people living
with HIV/AIDS, those in vulnerable groups and
people mostly at risk, particularly women and
young people; are resourced to the extent
poss i ble from national budgets without
CONCERN
HIV/AIDS is a mounting risk to India and its children
and must receive priority attention for prevention and
control focussing on children and their special
vulnerability. It must not be treated narrowly as a
health issue.
Political will and its consistency and continuity will
determine the effectiveness of programmes. Hence
strategies to build these in are required Political will
should be a positive lever for generating social and
community will.
Children are vulnerable in 3 categories:
1.
2.
3.
Children who are infected .
Children who are affected
Children who are at risk
Interventions must be age-specific. Children must
feature specifically in the national AIDS control
policy.
Measures must also address:
Stigmatisation related to HIV/AIDS: Include sexual
health in life skills specify target groups - IEC needs
to be for all school age children, with appropriate
messages.
Information on modes of transmission, means of
combating, coping, including if family members are
affected, plus debunking myths regarding HIV/AIDS.
-In prevention, as well as care especially if orphaned
or made destitute due to affected parent, access to
all services including school, health and recreation.
-Provide counselling services for adolescents and
adults
-Use all types of media and channels in IEC
campaigns
-Develop alternative employment avenues for lowincome women.
-Ensure training of health personnel, including on the
Confidentiality principle.
-No child should be denied access or admission to
services, including schooling, for the reason of being
infected or affected.
-Adopt BPNI strategy to:
Provide training on infant and child feeding to all who
are in contact with HIV+ve mother. Protect, promote
and support exclusive breastfeeding for first 6
99
other
sources.
inteF
months. Promote continued breastfeeding with
rna lonal co-operations; fully promote and
P ° e° all human rights and fundamental complementary feeding upto 2 yrs of age. Target
roed°ms, including the right to the highest food security measures to improve nutrition of
ainab|e standard of physical and mental mothers, young children, adolescents.
ea th, integrate a gender perspective, and
address risk, vulnerability, prevention, care,
reatment and support and reduction of the COMMENTS, CONCERNS AND PRIORITIES
impact of the epidemic, and strengthen health,
education and legal system capacity [UN 47 1. HIV / AIDS needs to be contextualised as not just
a public health concern but a developmental and
2.By 2005, ensure that at least 90 per cent,
social problem.
and by 2010, at lest 95 per cent of young men
2.
The
goals and strategies do not correspond with
and women aged 15-24 have access to the
the NACO NACP II, the policy document on
information,
education,
including
peer
education and youth specific HIV education,
testing and counseling or any other NACO
and services necessary to develop the life
documents. Has India (NACO) agreed to achieve
skills required to reduce their vulnerability to
the UN 46(a) goal?
HIV infection, in full partnership with youth,
parents, families, educators and health-care 3. Monitoring the reduction of prevalence is difficult
when we do not know the denominator or the
providers [UN 47 (2)]
3 By 2005, develop and make significant
prevalence in the absence of epidemiological
progress in implementing comprehensive care
data. While data and figures, need to be made
strategies to. strengthen family and community
more reliable, services are more important than
based care including that provided by the
knowing the figures and need not await data.
informal sector, and health care systems to
provide and monitor treatment to people living 4. There is an initiative to table the legislation on HIV
with HIV/AIDS, including infected children, and
I AIDS. The NPA should refer to strengthening
to support individuals, households, families
this initiative.
and communities affected by HIV/AIDS; to
5.
The definition of children in the context of
improve the capacity and working conditions of
HIV/AIDS should be included and could refer to
healthcare personnel and the effectiveness of
(a) Children affected by HIV
supply systems, financing plans and referral
mechanisms required to provide access to
(b) Children infected by HIV/AIDS
affordable medicines, including anti-retroviral
(c) Children at risk of HIV/AIDS
drugs, diagnostics and related technologies,
6.
The
goals do not refer to children below the age of
as well as quality medical, palliative and
15, except for those who are infants. There is a
psycho-social care. [UN 47 (3)]
4 By 2005, implement measures to increase
need to address the needs of children, and not
capacities of women and adolescent girls to
just young women and men.
protect themselves from the risk of HIV
7. This strategy for achieving the goal does not
infection, principally through the provision of
address the sexual mode of transmission.
health care and health services, including
Reference needs to be made to heterosexual,
reproductive and sexual care, and through
prevention education that promotes gender
homosexual, intravenous drug use and parent to
equality within a culturally and gender
child transmission of HIV/AIDS, not just safe blood
sensitive framework [UN 47 (4)]
products.
6.By 2003, develop and/ and begin to
implement national strategies that incorporate 8. There is a need to demarcate funding for children
HIV/AIDS awareness, prevention, care and
and HIV/AAIDS. This is lacking in the NACO
treatment elements into programmes or
programmes, Ministry of Social Justice and
actions that respond to emergency situations,
Empowerment and other ministries. International
recognising that populations destabilised by
and bilateral funding in this area is limited to a few
armed conflict, humanitarian emergencies and
organisations such as Family Health International
natural disasters, including refugees, internally
displaced persons and, in particular women
I USAID, FXB and AIDS Alliance, a small
and children, are at increased risk of exposure
component of their funding. It is necessary to
to HIV infection, and where appropriate, factor
clearly mention the need to allocate money for
HIV/AIDS components into international
children and HIV/AIDS.
assistance programmes [UN 47 (6)]
7.Develop strategies to mitigate the impact of 9. The NPA needs to address child-friendly, childHIV/AIDS on education systems and schools,
focused and child- appropriate services. Children
students and learning [UN 40 (19)]
are tested and counseled by centres that are
8 Ensure non-discrimination and full and equal
meant for adults. Training in responding to
enjoyment of all human rights through the
children and their needs is urgently required.
promotion of an active and visible policy of destiamatisation of children orphaned and made 10. Goals, strategies and outcomes need to flow into
vulnerable by HIV/AIDS [UN 47 (7)]________ ____ imnlamantafinn onrl mnnitrtrinn anH a\/oh igfinn
100
.The specific objective of the National AIDS
implementation and monitoring and evaluation
Prevention and Control Policy are.
mechanisms The NPA needs to be stronger,
firn ea^irm/re^erate strongly the Government’s
clearer, more specific.
m commitment to prevent the spread of HIV
ntection and to reduce personal and social 11. The absence of any assertion on the rights of
impact
children and people with HIV/AIDS has great
■ By 2005, develop and make significant
implications in the area of HIV/AIDS where
progress in implementing comprehensive care
infringement of rights is a common experience.
s rategies to: strengthen family and community
based care including that provided by the
Infected people are denied health care, refused
m ormal sector, and health care systems to
admission in schools, deprived of inheritance and
provide and monitor treatment to people living
property rights, refused rights to participate in
with HIV/AIDS, including infected children, and
cultural
and social activities, treated without
to support individuals, households, families
dignity and stigmatised and discriminated against.
and communities affected by HIV/AIDS, to
improve the capacity and working conditions of
Many children who are infected does not get
healthcare personnel and the effectiveness of
access to service because of the suspicion of
supply systems, financing plans and referral
having been born to positive parents, depriving of
mechanisms required to provide access to
needed care,
affordable medicines, including anti-retroviral
drugs, diagnostics and related technologies, 12. Counseling does not exist only in the context of
as well as quality medical, palliative and
parent to child transmission (goal 2). The NPA
psycho-social care. [UN 47 (3)]
must refer to testing. Testing needs to be
4 By 2005, implement measures to increase
voluntary
with informed consent. In the context of
capacities of women and adolescent girls to
children, the consent should be taken from the
protect themselves from the risk of HIV
child as well as the mother or father. In
infection, principally through the provision of
health care and health services, including
institutionalised and I or street children, in the
reproductive and sexual care, and through
absence of parents, a guardian would serve.
prevention education that promotes gender
Confidentiality and other ethical guidelines are of
equality within a culturally and gender
paramount importance.
sensitive framework [UN 47 (4)]
6. By 2003, develop and/ and begin to 13. The Juvenile Justice Act gives the juvenile justice
implement national strategies that incorporate
system the power to test a child without his or her
HIV/AIDS awareness, prevention, care and
consent This law needs amendment to curtail this
treatment elements into programmes or
power (in line with the CRC).
actions that respond to emergency situations,
recognising that populations destabilised by 14. There are no safeguards to protect medical
armed conflict, humanitarian emergencies and
records and the child can be isolated on the basis
natural disasters, including refugees, internally
of his/ her positive status.
displaced persons and, in particular women
and children, are at increased risk of exposure 15. There is no public interest justification for
mandatory HIV testing of all children in
to HIV infection; and where appropriate, factor
HIV/AIDS components into international
confinement. Adoption laws need to be looked at
assistance programmes [UN 47 (6)]
in the context of HIV/AIDS.
7.Develop strategies to mitigate the impact of 16. Protective practices such as safer sex has not
HIV/AIDS on education systems and schools,
received mention. While in children abstinence
students and learning [UN 40 (19)]
and delaying sexual experiences may be of prime
8 Ensure non-discrimination and full and equal
enjoyment of all human rights through the
importance, it does not negate the fact that
promotion of an active and visible policy of de
children may be exploited and abused for sexual
stigmatisation of children orphaned and made
reasons.
Sex education is a necessary
vulnerable by HIV/AIDS [UN 47 (7)]
component
of outreach to the child, and can be
8 The specific objective of the National AIDS
incorporated with a comprehensive life skills
Prevention and Control Policy are.
(i)Reaffirm/reiterate strongly the Government’s
programme for both children within school
firm commitment to prevent the spread of HIV
programmes and out of school.
infection and to reduce personal and social
17. The NACP emphasises intersectoral programmes.
impact
The NPA should incorporate this. The services
(ii)Generate a feeling of ownership among all
the participants both at the Government and
need
to
be
integrated
and
non
non-governmental levels, to truly make it a
compartmentalised.
national effort.
18. Services need to address vulnerability of children
(lii)Create an enabling social-economic
especially those in risk groups. While a reference
environment for the prevention of AIDS/HIV to
is made to supportive environment, it does not
provide care and support to people and to
ensure protection and promotion of their
guarantee measures to address the issues. The
human rights, including right to access ____ ic mi let Ko <~>r> o rnnfini n im
roro
101
focus must be on a continuum of care,
healthcare system, right to education,
employment and privacy
incorporating clinical care, home-based care,
(iv)Mobilise support of a large number of
crisis intervention centres, day and night care
NGOs and community based organisations for
settings, etc. These services need to take special
an enlarged community initiative for prevention
care to ensure that adolescent girls and boys who
and alleviation of the HIV/AIDS problem.
v)Decentralize HIV/AIDS control programme to
are infected are covered. Children in families with
the field level with adequate financial and
HIV/AIDS may suffer long term consequences
administrative delegation of responsibilities.
whether infected or uninfected their needs and
(vi)Strengthen
programme
management
concerns deserve attention.
capabilities at the State governments,
municipal corporations and leading NGOs 19. Care is expensive, leading families into debt, and
participating in the programme.
depletion of family resources. Health insurance
(vii)Prevent women, children and other socially
has been denied for HIV/AIDS, which is
weak groups from becoming vulnerable to HIV
disturbing, especially when cost of care is high.
infection by improving health education, legal
Measures need to be taken to cover children and
status and economic prospects.
(viii)Provide adequate and equitable provision
families living with HIV / AIDS with social security
of health care to the HIV-infected people and
and health insurance.
to draw attention to the compelling public
20.
A
reference to livelihood options is necessary for
health rationale for overcoming stigmatisation,
both children and families affected and infected.
discrimination and seclusion in society.
(x)Constantly interact with international and
People living with HIV/AIDS lose their jobs or may
bilateral agencies for support and cooperation
have to take up less demanding jobs. Investing in
in the field of research in vaccines drugs,
livelihood and educational options for children of
emerging systems of health care and other
women in prostitution may prevent the entry of
financial and managerial inputs.
(xi)Ensure availability of adequate and safe
these children into the flesh trade.
blood and blood products for the general 21. Reference is made to orphans. These families
population through promotion of voluntary
often land up as child headed and “child alone”
blood donation in the country.
families. Planning for the future has to be
(xii)Promote better public understanding of
considered prior to becoming orphans. Support
HIV infection, especially among students, to
generate awareness about the nature of it
may be required even when parents are
transmission and to adopt safe behavioural
asymptomatic, especially to look at future options
practices for prevention .
and planning. A continuum of services should
incorporate an entry of children and their families
STRATEGIES
1 Ensure easy accessibility, adequate supplies
into actions that will ensure the maintenance of
of safe and quality blood and other blood
children’s family bonds.
components for all, irrespective of economic or
22. There are a series of myths and cultural beliefs
social status.
that play a role in the spread of the infection and
2.Reduce STD cases and control HIV
transmission by minimising the risk factor.
care of the infected. Appropriate measures need
3.Prevent short and long term morbidity and
to be taken to address them. Special vigilance
mortality due to STD.
and public education are needed as more and
4 Raise awareness, improve knowledge and
more younger children are brought into the flesh
understanding among the general population
about AIDS infection and STD, routes of
trade because of the belief that sex with a minor is
transmission and method of prevention.
a cure for HIV /AIDS.
5.Train health workers in AIDS communication
23. Ensuring reproductive health care for infected has
and coping strategies for strengthening
gains for children; it needs to be strengthened.
technical and managerial capabilities.
Treatment of sexually transmitted diseases can
6.Create a supportive environment for the care
and rehabilitation of persons with HIV/AIDS.
reduce transmission of HIV. Prenatal and
antenatal care can ensure incorporation of
appropriate measures to prevent transmission of
infection to the unborn and newborn child.
24. NACO has not funded anti-retroviral therapy. It
has a benefit to children in prolonging the life of
the mother and delaying children from being
orphaned by a few more years. How does the
NPA propose to ensure access to those needing
it? ARV therapy needs to be monitored by medical
_ personnel, taken lifelong and is not beset with
102
other complications. The NPA should address
this, and also take the cost of ARV therapy into
account. Cost-effectiveness should be assessed
and needed action ensured.
25. Food security is a good additive for families and
children affected by HIV/AIDS. Experiential data is
suggestive of its utility in prolonging life and
enhancing immunity.
26. BCC strategies do not address specific needs of
people. This becomes more obvious for children,
who are often exposed to messages having
limited reference to them. It is important to
develop child friendly BCC material with children’s
participation.
27. Community responses towards people living with
HIV/AIDS
have
been
discriminatory
and
stigmatising. The media has projected messages
that have only aggravated these attitudes.
Looking at messaging for changing attitudes is
required urgently.
28. Children with dual problems, e.g. substance
abuse and HIV, do not have any services. The
complexity of this situation and the added
vulnerability of the child calls for special attention.
29. Women and children are often carers of people
living with HIV/AIDS. The needs of carers (safety,
protection, capacity and training) deserve
attention.
30. Collaboration between NGOs/ GO is necessary
for effective programmes.
31. Implementation
monitoring
and
support
mechanisms needs to be built.
32. Capacity building is very important at all levels.
33. Networking and advocacy will help building and
maximising services.
34. Documentation of programmes and recording of
action is a must.
35. Research with children is a sensitive topic.
Consent from children and families are an
essential requirement. Confidentiality needs to be
maintained. To guard against infringement of
children’s rights and to prevent exploitation, a
children’s advocate needs to be present during
the interviewing process.
103
V. Cross-cutting Themes
National Policy Commitments
GOI National Policy for Children Draft of June 2001.
Rights
of children from
disadvantaged communities.
•
•
V.1.
marginalised
and
The State and community shall respect the rights
of
children
from
all
marginalised
and
disadvantaged communities, to preserve their
identity.
The
State
recognises that children from
disadvantaged communities, especially from the
Scheduled Castes and Tribes, are in need of
special intervention and support in all matters
pertaining to education, health, recreation and
supportive services. It shall make adequate
provisions for providing such groups with special
attention in all its policies and programmes.
1. Caste and Community
CONCERN
>
>
>
>
>
>
These children have been for too long marginalised
in the development process. Policies and
programmes designed for these communities and
groups are not child-focused enough.
In conflict situations children are increasingly
targeted in attacks and episodes of violence.
Children of Scheduled Castes, Scheduled Tribes,
Backward Castes, the disadvantaged among
members of minority communities (including those
who originate from SC/BC or tribal communities)
who originate from SC/BC communities, in
particular those in marginalised or poverty
situations now deserve to come to the head of the
line for NPA attention. All NPA measures for all
ages of children must give priority attention to
children from these settings. If they are hardest to
reach, the greatest investment of effort should be
made in order to reach them.
Measures for such children at risk of discrimination
or denial due to attitudes towards their identity
must protect the dignity of the child and the
community.
Interventions
for
health,
nutrition
and
sanitation/hygiene must give priority to reducing
the vulnerability of dalit and other disadvantaged
children to disease and deficiencies.
In situations of civil or social tension, hostility and
104
conflict, such children must receive priority
protective attention and access to services.
1.
2.
3.
4.
All information and communication reaching
children must be free of caste, communal or
children bias.
Education content and actual teaching must
be reviewed, monitored and corrected to
ensure egalitarian content and portrayal,
attitude and treatment.
Communication and portrayal must on the
one hand uphold respect for diversity, but on
the other hand must be honest in
acknowledgement leading the disparities.
Media and entertainment organs and
channels must honestly address this right to
fair portrayal.
105
V. CROSS-CUTTING ISSUES
V.2. GIRL CHILD
National Policy Commitment
GOI National Policy for Children draft of June 2001
Right to Protection of the Girl Child
a. The state and community shall ensure that
offences committed against the girl child, including
child marriage, forcing girls into prostitution and
trafficking are speedily abolished.
b. The state shall in partnership with community
undertake measures, including social, educational
and legal, to ensure that there is greater respect for
the girl child in the family and society.
c. The state shall take serious measures to ensure
that the practice of child marriage is speedily
abolished.
UNGASS GOAL
NATIONAL GOAL:
1 Reduction in gender gaps in literacy by at least
50 per cent by 2007 (Planning Commission)
OBJECTIVES
* Promote child health and survival and reduce
disparities between and within developed and
developing countries as quickly as possible, with
particular attention to eliminating the pattern of
excess and preventable mortality among girls
and children (UN 37(4))
Develop and implement programmes that
specifically aim to eliminate gender disparities in
enrolment
and
gender-based
bias
and
stereotypes in education systems, curricula and
materials,
whether
derived
from
any
discriminatory practices,
social or cultural
attitudes or legal and economic circumstances
(UN, 40(13))
STRATEGIES
1.Improve the nutritional and health status of
girls in the age group of 11-18 years.
2 Provide the required literacy and numeracy
skills through the non-formal stream of education
to stimulate a desire for more social exposure
and knowledge and to help them improve their
decision making capabilities.
3.Train and equip adolescent girls to improve
their home-based and vocational skills
4.Raise the overall status of the girl child and
bring about a positive change in the family and
community attitudes towards her
5.Provide a package of educational inputs,
CONCERNS
The status and condition of the girl child reveals a
basic fault in social attitude and practice. Girl children
are simply not valued. The low value and ‘service’ role
accorded to women in society sets unjust limits to the
Indian girl child’s prospects of achieving equality and
of growing up as a person. Government policy on
women has traditionally swung between safe
motherhood concerns and human rights. The
socialisation of girl children by family and community
is aimed at ‘schooling’ them to accept service role as
wives, mothers, housekeepers, child-rearers and
workers. As female citizens they deserve equal
opportunity to develop as persons. The conventional
‘life cycle’ approach used by planners sets them as
mothers in the making. This is not good enough.
It is a welcome feature of the draft NPA that it
recognises the “Girl Child” as a cross-cutting theme
across the Plan. Discrimination against the girl child
from the moment of her birth is a recognised fact in
India and has attracted the attention of Government
and social action/child rights groups. With time new
threats have been added in the form of sex-selective
abortions, female infanticide child sexual abuse and
increased trafficking and sale of girl children. In most
cases, the girl child is regarded as a liability and not
as an asset.
Under the CRC, India has a commitment to achieving
106
through residential schools, to SC/ST girls in
areas of very low ST/SC female literacy
equality and best standards of well being and
opportunity for all children. India’s ratification of
CEDAW and commitment to the Beijing Platform of
Action, also places a responsibility on the
Government of India to address this priority issue
through
investments
in
programmes
and
reform/implementation of laws and special policy
relating to the girl child
It is crucial to look at the girl child and her rights to
survival, protection, development and participation
disaggregated by age right from the foetal stage to
adulthood. To eliminate negative cultural attitudes and
strengthen the role of both family and State in
improving the status of the girl child. Therefore it is
important to have specific action points for the girl
child in each specific issue - health, nutrition,
education, abuse.
•
A perusal of the draft NPA reveals good intentions
in terms of targets and strategies that aim to
guarantee rights to every child. However, keeping
in mind the cross cutting theme of the girl child
some recommendations have been made, that the
Government needs to consider seriously:
GIRL CHILD SURVIVAL
>
The alarming decline in the juvenile sex ratio as
established by the latest Census indicates the
need to focus priority attention on the prospects,
status and condition of the 0-6 age group.
Analysis of Census data shows a steady decline
in the Female-male ratio to the present 927:1000.
This progressively affects the 0-19 ratio, with grim
implications for demographic viability.
> The NPA must clearly state actions to be taken on
an urgent basis to improve the decline in the
juvenile sex ratio. The implementation of the
PNDT Act, public education and community
sensitisation, targeting medical profession with
IEC all need to be undertaken with urgency.
> Strict implementation of the PNDT Act, 1994 and
compulsory registration of all Genetic Counselling
Centres, genetic Laboratories and genetic Clinics.
> k distinction also needs to be made between
female infanticide with separate female infanticide
and strategies to eradicate each practice.
> Public education through media campaigns and
other means by the government must project the
girl child as an individual who is a citizen and an
107
>
asset to the family and community capable of
earning and deserving the right to choice.
Examine national and state schemes [as in TN
and Haryana] to prevent female foeticide and
female infanticide, as well as neglect, and
promote those that work best.
RECOMMENDATIONS:
SURVIVAL:
> The survival of girls in a community should be
promoted and established as a community
responsibility. The birth, registration, well-being
and progress of girl children should be on the
agendas of gram sabhas and panchayatas / N.
Palikas.
> Local workers and care-providers must be
specifically trained in neonate care.
> The survival and progress of girl children in a
community should be used as indications of
community progress and in considering eligibility
for other benefits.
HEALTH:
> All measures addressing preventive and curative
health
care,
including
immunisation
must
specifically target the infant girl child, whose
health is often ignored after birth, owing to
social/cultural reasons.
> Health, hygiene and nutrition education for
adolescents [both boys and girls] with a focus on
problems they then experience [in the case of
boys, also sensitise them to needs of girls/women]
NUTRITION
>
>
>
>
Promotion of breast feeding of infant girls, keeping
in mind the tendency to wean girls earlier than
boys in most regions.
Targets
like
reduction
in
micro
nutrient
deficiencies and malnutrition must have a special
focus on the girl child, whose dietary needs are
often ignored by the family including the mother.
Educate families and communities about food
taboos and the need to give nutritious food to girls
and young women particularly in her growing
years and during pregnancy and lactation [when
taboos are most damaging].
Focus on the girl’s nutrition in the under-six age
group and again in her puberty years
108
WATER AND SANITATION
>
>
Separate toilets for girls in school.
Improved provision of water [and fuel] for the
home to reduce burden on girls and allow them to
go to school.
EARLY CHILDHOOD
>
GOI can take up a process of sensitising
communities through official media such as radio
and television and even through vernacular
newspapers, on the importance of caring equally
for the boy and girl child, also through SHGs and
panchayat/urban
local
bodies,
school
curriculum/teachers ’ guides, health education
classes by PHC and AW.
Provision of day-care services for the children of
casual,
migrant,
agricultural
construction
labourers, regular workers such as urban
domestic help and self-employed women. This
may relieve young girls of sibling care duties and
may help to reduce the dropout rate for girls.
ADOLESCENTS
> At the Planning/Policy level it is necessary to look
at the adolescent girl child primarily as a citizen
with rights, as an individual deserving of equal
rights and opportunity and not merely as a future
mother.
> At the level of law enforcement, the GOI must
take firm steps to implement the Child Marriage
Restraint Act. It is a well recognised that a large
number of girls are married as adolescents which
leads to early pregnancy, economic dependence,
violence at home and associated denial of rights.
> Compulsory registration of all marriages must
become a reality, and existing community level
services can be assigned this task. GOI has to set
up a system to enforce and monitor civil
registration of birth/death and marriage.
> N community campaign against traditional
approaches to the girl child is a must to bring
about awareness as regards the disadvantages of
early marriage and also to stress on the of the girl
child.
> Special attention to providing opportunities to
participation.
_____________________________________ I____ ___ _________________________________________
109
HEALTH CARE SERVICES
Services must recognise the girl child’s may need
special attention, to have benefits from:
>
>
>
>
Information access.
Right to privacy/confidentiality.
Each detection of and attention to nutrition needs
at each stage of childhood.
Understanding of the body.
*
CHILD WITH DISABILTY
Girl child less likely to receive support, remedial care
and fair access to opportunity and therefore GOI
needs to have a pro active outreach in respect of
female children with disability.
EDUCATION
>
>
i.
ii.
iii.
Education for girls must be through the formal
stream just as for boys, if some cannot complete
the eighth grade, despite all efforts, they should
be channelled to the NOS system. If that is not
possible, Only if a few cannot make it, then nonformal education can be the alternative.
Special efforts need to be made to bring and
retain girl children in school and for this there
should be separate strategies focusing on
different age groups. Such efforts could include:
Enhancing access to schools by reducing
distance of school from home, providing
transport, separate girls’ toilets, etc.
Increasing the number of female teachers in
the primary, middle and high school levels.
Developing a community based campaign
against child marriage
>
Focus must be also on facilitating access to
schooling for girl students from socially and
economically backward communities and those
from minority communities.
> Syllabi and curricula should be gender-neutral in a
positive sense, offering all children all subjects
and building citizens. Portrayal of men and
women, boys and girls in texts, teaching and tasks
given in school also needs to be gender neutral.
> Sensitisation programmes for teachers especially
in rural areas to the rights of the girl child.
110
■------------------------------------ABUSE,
NEGLECT,
VIOLENCE
EXPLOITATION
AND
>
It is a fact that girl children are more vulnerable to
abuse, neglect and violence, especially of a
sexual nature
> A law on child sexual abuse is urgently required
and GOI must pass it at the earliest.
Recommendations and suggestions have been
already submitted by NGOs to GOI and it is time
that a law is enacted and implemented.
> There is also a need for training and sensitisation
of the lower judiciary and the police on issues like
child sexual abuse, child sexual exploitation and
child marriage.
> The
infra-structural
capacity
for
shelter,
rehabilitation of girl victims of neglect violence and
abuse must be enhanced.
SEXUAL EXPLOITATION AND TRAFFICKING
>
Recognise that the girl child today is trafficked not
for prostitution alone but also for begging,
domestic work and marriage. There is need for a
law to address human trafficking for different
purposes.
> The Immoral Traffic Prevention Act needs to be
amended to protect the rights of the girl/woman
who is a victim of circumstance.
> Local
government
institutions
such
as
Panchayats, and administrative officials must be
made
accountable
for
tracking
outbound
movements of girl children, including through
marriage.
COMBATING CHILD LABOUR
>
>
Recognise domestic service as a major problem.
Often heavy workload and lack of access to
schooling and recreation are compounded by
physical and sexual abuse.
Public education work at home that interferes with
education and affects health or recreation, such
as sibling care, fetching water and fuel, cooking
and cleaning.
CHILDREN
IN
CIRCUMSTANCES
>
ESPECIALLY
DIFFICULT
Recognising the vulnerability of girl children, it is
111
>
important to have schemes for their protection,
skill training and reintegration in society.
Government-NGO partnership is required to have
effective preventive programmes in communities
and also for prosecution of exploiters of such
children.
COMBATING HIV/AIDS
>
>
1.
2.
3.
4.
5.
6.
An increasing number of girl children are trafficked
into prostitution due to prevailing myths on
sexuality and the scare of HIV/AIDS. The
vulnerability of these girls to HIV/AIDS is great
and the NPA needs to have specific programmes
to protect and provide medical care for such girls.
Rehabilitation and assistance must protect The
rights of HIV-positive girl children.
Measures to provide development opportunity to
girl children should build their social skills as
citizens offer them participation and leadership
avenues in the community.
In school or community settings girl children
should be encouraged and given the chance to
carry and the roles and functions as boys.
The community should recognise, and the
recognised, when a girl survives, or completes
school. Incentives may be considered.
Special incentives and recognition for girls and
women who succeed in either education, career,
enterprise or extra-curricular activities
Make national the recent TN ruling that children
can be admitted in name of mother only and not in
father's name alone.
Target boys and men to sensitise them on
women/girls’ problems, issues, empowerment
spin-offs for all.
112
4. WOMEN
GOALS
UNGASS GOAL
NATIONAL GOAL.
OBJECTIVES
I.The objectives of National Policy for the
empowerment of Women include
i Creating an environment for the positive
economic and social policies for the full
development of women to enable them to
realize their full potential
ii. Equal access to participation and decision
making of women in social and political and
economic life of the nation
lii. Equal access to women to health care,
quality education at all levels, career and
vocational
guidance,
employment
equal
remuneration occupational health and safety,
social security and public office etc.
iv Strengthening legal systems aimed at
elimination of all forms of discrimination against
women
v Changing societal attitudes and
increase their control over their income through
their involvement in skill development and
income generation activities.
1.
Eliminating gender discrimination and creating an
enabling environment of gender justice, which
would encourage women and girls to act as
catalysts, participants and recipients in the
country’s
development
process.
Undertake
women specific interventions to bridge the gaps.
2. Reduction in gender gaps in literacy and wage
rates
STRATEGIES
(Tenth Plan, National Policy on Empowerment of
Women)
1. Changing societal attitudes and community
practices by active participation and involvement
of both men and women (National Policy on
Empowerment of Women).
2. Mainstreaming gender perspectives in all sectoral
policies and programmes and plans of action.
3. To adopt a Sector specific 3 - fold strategy for
empowering women based on the National policy
for the Empowerment of Women - Social
empowerment, Economic empowerment and
gender justice.
Traditional health remedies have not only been an
essential part of women’s domain and their survival
skills, but it is essentially the only health care they
have access to. Spiralling health care costs, presently
one of the commonest causes of rural indebtedness,
further reduce women’s and girls access to health
care.
EMPOWERMENT
> Equal property rights; registration in name of both
husband and wife; agricultural and crafts and
skills training of all types to women; loans in
name of women, etc.
> Make national the recent TN ruling that children
can be admitted in name of mother only and not
in father’s name alone.
> Reservation bill
r- Special incentives and recognition for girls and
women who succeed in either education, career,
enterprise or extra-curricular activities
> Girl
survival
cum
Education
completion
incentives.
> Target boys and men to sensitise them on
women/girls’ problems, issues, empowerment
spin-offs for all,
______________
113
VI. BIRTH REGISTRATION
National Policy Commitment
GOI National Policy for Children Draft of June 2001
Right to life and liberty, name and nationality
Every child has a right to life, liberty, a name and to
acquire a nationality.
____________
Major Goal: UNGASS Goal.
There is no stated strategy for this to be achieved.
There is no time target either.
National
Goal:
Achieve
100%
registration of births, deaths, marriage Recommendations: also refer recommendations under
and pregnancy (National Population ‘early childhood.’
Policy).
Investigate what has worked in states where
registration has substantially increased (e.g. I+P).
Apply lessons.
Develop systems to ensure the registration
of every child at or shortly after birth, and 2. Make birth registration a community, Ward/Gram
fulfil his or her right to acquire a name and
Sabha, PRI/N. Palika responsibility. Recognise good
a nationality, in accordance with national
performance. Make neonate survival a community
laws and relevant international instruments
responsibility
and potential “achievement”.
(UN 44(1)).
3. Enlist the attention of infrastructures like NYKS (which
The Registration of Births and Deaths Act,
includes many young married) as mover, supporter,
1969, Ministry of Home Affairs
and examples of good practice.
OBJECTIVES
1.
NAME AND NATIONALITY
•
•
•
•
Ensure the registration of all births in the country
Street children who may not have parents or
guardians, should be provided with an official
document equivalent to a birth certificate.
It is necessary to make provisions for those
children whose births were not registered and if
registered, to issue birth certificates.
The domestic legislation must ensure that age
limits conform to the principles and provisions of
the CRC.
The Government reports that India has 200,000 local
registration units, and 100,000 local registrars. A report
on their activity and effectiveness must be made public.
The Government reports that the annual registration of 25
million births is a mammoth task. It is not mammoth if it is
seen in actual disaggregated terms, spread over 365 days
per year, and over all the million human settlements
where babies are born.
114
GOALS
By 2005.
> All children upto age 10 to be registered. Free.
All newborns born after 1 January 2004 to be
registered by local authority.
> All births as of 1 January 2004 to be reported by local
self-govt. body. LSG body to open local birth/death
record.
> Even birth to be marked by taken local “collection”.
r Local rolls + District rolls. Local records are entered
and repeated.
By 2007:
>
>
All newborns are registered.
Local recording is sustained.
115
VII. OTHER ENTITLEMENTS:
VII.1. ADEQUATE STANDARD OF LIVING
CONCERNS
1. Children continue to live in unsafe and insecure
living conditions. The CRC Committee in its
concluding observations expressed concern at the
high percentage of children living in inadequate
housing, including slums, and their inadequate
nutrition, and access to safe drinking water and
sanitation. The Committee is concerned at the
negative impact on families and the rights of
children due to structural adjustment projects.
2. Children and their families continue to be forcibly
displaced and evicted from their homes and
habitats, without adequate and appropriate
rehabilitation. This displacement continues in the
name
of
development,
conservation
and
environ mental improvement. Most of the displaced
belong to the already marginalised groups such as
the dalits and the tribals
3. Increasing number of children are living and
working on the streets.
4. Urban evictions disrupt schooling of children,
especially as there are no schools in the areas to
which people are forcibly moved. Schooling of girls
is often stopped because they cannot safely travel
long distances to their old schools.
5. Children suffer from housing distress the most.
India’s housing deficit is 8.7 million units of which
Economically Weaker Section housing deficit is
3.79 million units.
6. Globalisation has seen the regression of the right
to adequate housing, partly as a result of pressure
to privatise civic services like water, electricity,
sanitation and land development.
7. Insufficient data on the number of homeless,
including children, all over India. Insufficient data
on the number of those inadequately housed.
GOALS
°
•
•
Provide secure and adequate housing to all
children by the year 2010 for most disadvantaged
(bottom of BPL, SC, ST, BC, those termed
‘unauthorised), and by 2015 for all BPL children.
Develop child friendly cities and villages.
Ensure access for the physically challenged and
other disadvantaged groups.
I----------------------------------------------------------------------------
116
OBJECTIVES
•
Ensure
protection
from
forced
eviction,
displacement, natural disasters, war and civil strife
that cause disproportionate amount of stress on
children.
STRATEGIES
o
•
•
•
•
o
•
•
•
»
•
•
•
•
'
Primary health care facilities to be planned near
homes.
Stop forced evictions and promote insitu
upgrading of distressed housing.
Minimum space requirement for a family of four in
urban area: 50 sq meters.
Government/ Private Enterprise to provide street
children with group homes and means to become
self-sufficient. This should be done only after
trying to reintegrate them with their families. Such
homes should be open to proper supervision,
monitoring and evaluation systems.
Ensure security of tenure in housing for children
and their families to help them plan health care,
education and food security.
Upgrade existing housing stock with adequate
infrastructure.
Adopt alternate development models like transfer
of development rights (TDR) that will help to
redensify prime land resources and precincts and
infrastructure costs will get shared. This way more
people can stay near their sources of employment.
Increasing budgetary outlays and expenditure on
children’s spaces and child participation in
maintaining and planning their spaces.
Homes and services should be provided on the
basis of proper planning and child friendly design
with adequate space for play.
Safe environment with management of solid
wastes, streetlights, secure public places to
provide protection from abuse and exploitation,
support systems like creches and day care
centres for care and protection of children of
working parents.
Ensuring livelihood of parents near the homes.
Relocation last option that too only after proper
rehabilitation that ensures a certain quality of life.
Relocations if they have to occur, only at the time
of school vacations with children’s consent.
Collect more data on the numbers of the homeless
and those inadequately housed.
Plan primary education and health care facilities
near homes.
117
--------------------------------------——
VII.3. ARMED CONFLICT
________
CONCERNS
• India is the site of multiple armed conflicts, both
international and domestic. The scale, intensity and
frequency of domestic conflicts - including caste,
communal and inter-tribal or ethnic conflicts - bring
them close to the internationally recognised
definition of armed conflicts.
• India has large numbers of internally displaced
people, including children, as a result of conflicts
on its borders and within the country.
« India houses unknown numbers of refugees and
asylum
seekers,
including
children,
from
Afghanistan, Bangladesh, Burma, Nepal, Pakistan,
Sri Lanka, Tibet and even Iraq. No planning exists
for the large numbers of children directly affected
by past and present conflicts.
•
There is a huge data gap on the number and
status of people, including children, displaced by
armed conflicts.
• Over-arching Acts such as the Armed Forces
Special Act and the Prevention of Terrorism Act
nullify even the special protections accorded to
children under the Juvenile Justice Act, 2000
leaving children vulnerable to human rights abuses
including torture and extra-judicial killings.
• Children are frequently recruited as soldiers, spies
and couriers by many armed groups. Girls are also
recruited for domestic labour and sexual services.
• Adolescents are vulnerable to sexual abuse, both
by armed groups and by the State’s military and
para-military forces. Many girls are pushed into
commercial sex because of abuse and/or poverty
in conflict areas.
• Children are particularly affected by violence,
including the disappearance of family members,
leading to trauma insecurity and psychosomatic
disorders.
• Food insecurity increases in areas affected by
armed conflicts and young children are the first
victims of disruption in food production and supply.
• Health facilities are affected during armed conflicts,
leaving young children particularly vulnerable.
Immunisation programmes are disrupted.
• The education of children, particularly girls, is
disrupted.
• The high incidence of narcotic drug abuse among
youth in India’s North- East is a direct consequence
of the prolonged insecurity and stress that
accompanies armed conflict. HIV affection follows
drug abuse.
119
STRATEGIES
•
•
•
•
•
•
•
•
•
Address the data gap on numbers affected by
armed conflict, be they internally displaced,
refugees or asylum seekers. Provide facilities in
accordance with international laws.
Repeal laws like the Armed Forces Special Act and
POTA that violate children’s human rights.
Document human rights violations and address
them.
Devise a sub-plan for children living in conflict
areas, to safeguard their rights. Make specific
provisions for children orphaned during conflicts.
Plan for augmenting food supplies in conflict zones.
Negotiate days of truce in conflict areas for the
specific purpose of immunisation (UNICEF
example in Sri Lanka).
Build and support networks of children affected by
conflict.
(
Resolve conflicts through peace talks with all
affected groups and countries.
Support anti-drugs and anti-HIV campaigns,
including counselling facilities, in the North East.
120
ACKNOWLEDGEMENTS
More than 350 non-governmental organisations, networks and professional bodies,
research and policy institutions have joined the collective process to assess the situation
of India’s children and to propose priorities for national action. Academics, activists,
students and concerned citizens have come together to share ideas, experience,
information and proposals. Their contribution to the consultative process, to fact-finding
and analysis and to drafting the concerns and recommendations is greatly
acknowledged The participation and contributions of children from 20 states is
especially recognized and appreciated.
Representatives of the government and of official bodies, institutions and commissions
have also joined the process and we greatly appreciate their interest and involvement
Current participation in the consultative process and the planning process now stretches
country wide through national organisation membership and networks, and ahs the
active involvement of organisations and volunteers in 13 states. Children provide a wider
linkage.
The process of further developing and finalising these alternate proposals is still
ongoing. It is an open and participatory process, and invites the interest and energies of
anyone concerned with children’s rights and in broad agreement with the principles
guiding the collective endeavour.
Names and particulars of the members, partners, and affiliates of the Voluntary Health
Association of India (VHAI) and the Indian Alliance for Child Rights (IACR) are available
on request.
121
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