MINDSHARE International Journal of Research & Development

Development

Research

Journal of

International

MINDSHARE

ISSN 2229-4872 Volume 3 Issue 1

2012

ISSN: 2229-4872

Mindshare Volume 3 Issue 1 2012

Published by:

Mindshare Publications Lucknow INDIA

editors

Padamshri Dr. Govind Swarup

Mindshare

FASc, FNASc, FTWAS, FRS PhD (Stanford), DSc (Hons.) (Roorkee, Varanasi) Ex. INSA Hon. Scientist & Ex. Director, NCRA/GMRT, INDIA

Volume II Issue 3 2012 Prof. Prem Misir

Prof. Iqrar A. Khan

Pro Chancellor, University of Guyana, GUYANA

Vice Chancellor, University of Agriculture Faisalabad, PAKISTAN

President

Rev. Fr. Paul Rodrigues

Prof. Padmanabhan Krishna Dr. Abdul Raouf Sitara-e-Imtiaz Hon. Scientist, INSA, IAS Trustee, Krishnamurti Foundation India Visiting Prof. Cambridge University, UK

Distinguished National Professor Higher Education Commission of Pakistan University Professor and Advisor Univ. of Management and Technology, Lahore, PAKISTAN

Dr. Anil K. Bhatnagar

Dr. Srinivas K. Saidapur

editor-in-chief

Former Vice-Chancellor of Pondicherry University University of Hyderabad & CIEFL, INDIA

Vice President Indian National Science Academy Ex. Vice Chancellor, Karnataka University

Prof. Tetsuji Yamada

Dr. R. K. Kohli

Prof C. P. Malik

Chair & Professor, Center for Children & Childhood Studies Rutgers University, New Jersey UNITED STATES

Certified Senior Ecologist, ESA, USA Dean University Instructions Panjab University, Chandigarh, INDIA

Director Life Sciences, Advisor (Acedemics) Jaipur National University, Jaipur, INDIA

Secretary General

Syed Zulfi

managing editor associate editors

Syed Zulfi

editorial advisor

Dr. Dr. Dr. Dr. Dr.

Donald D'Souza M.A.A Khan Chandana Dey N. Shukla Masooma Zaidi

Dr. Vinod Chandra

Prof. Shweta Singh

Vice Principal, Jai Narain PG College, Lucknow, INDIA

Loyola University, Chicago UNITED STATES

Dr. Azizuddin Khan

Dr Shanyu Tang

Dept. of Humanities and Social Sciences Indian Institute of Technology Bombay INDIA

London Metropolitan University London, United Kingdom

Dr. Jimmy Thomas Efird

Prof. Mamun Habib

University of North Carolina, Greensboro NC, USA

American International University DHaka, Bangladesh

Contents

MINDSHARE • Volume 3 Issue 1

Signature I, on behalf of Mindshare, express my admiration for young scientists who are continuously striving to overcome the innumerable challenges of scientific research and invite then to use the Journal as a forum for scientific communication and cooperation.

The search for the truth must go on, and the Journal shall, as always strive to make its albeit small, but significant, contribution in charting a path for the future of research, global change and our human prospect.

Managing Editor

Write to the managing editor zulfihussaini@gmail.com Write your letters or requests for the PDF format of the magazinemindshareinternational@gmail.com Original manuscripts are invited for publication. Authors can send to: mindshareinternational@gmail.com

III

MINDSHARE • Volume 3 Issue 1

Contents

Contents Volume 2 Issue 3

Contents

Dr. Tetsuji Yamada, Dr. Chia-Ching Chen Dr. John Smith, Dr. Martin J. Finkelstein

Page No.

1

Behavioral risk reduction and health intervention for adolescents

Azher Hameed Qamar

13

UN Convention on the Rights of the Child (UNCRC, 1989) A brief presentation

Alok Sharma

20

The Rights of the Child in India: A journey of recognition

Neeraj Shukla, Shantanu Srivastava

52

Indian women entrepreneurs: Challenges and prospects in the era of globalisation

IV

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 3, Issue 1 (2012), pp 1-12 RN: 3-W/12/TY/3-1 Corresponding Author: Tetsuji Yamada (USA) email: tyamada@crab.rutgers.edu

Behavioral risk reduction and health intervention for adolescents Dr. Tetsuji Yamada, Dr. Chia-Ching Chen Dr. John Smith, Dr. Martin J. Finkelstein

Center for Children and Childhood Studies, Rutgers University, the State University of New Jersey, USA New York Medical College, USA Rutgers University, the State University of New Jersey, USA Seton Hall University, USA

Keywords: behavioral intervention, sexual risk health behavior, schoolb a s e d h e a l t h i nte r ve nt i o n ; pregnancy prevention, adolescents

T

he study estimates the cost effectiveness of a school-based, health-education intervention to promote pregnancy prevention. Application of the PRECEDE-PROCEED model demonstrates a significance difference between the treatment and control groups in attitudes toward adolescent pregnancy avoidance and sexual abstinence.

The results confirm the effectiveness of the school-based health intervention, even among adolescents who were already sexually active. Periodic monitoring of the program seems warranted, however, to monitor program effects and enhance operating efficiency.

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Since the Federal government's first involvement in teenage pregnancy prevention, the United States has confronted many challenges in reducing risky adolescent sexual behaviors, including unintended pregnancies. For at least a generation, however, since the R o n a l d R e a g a n a d m i n i s t ra t i o n , abstinence education programs have been a centerpiece of national adolescent health policy in the U.S. With teenage pregnancy rates rising recently after a decade of decline, and adolescents continuing to show high rates for the most common Sexually Transmitted Diseases (STDs) (Gavin et al., 2009; Hamilton & Ventura, 2012), risky sexual behaviors among adolescents have emerged once again as a major public health concern --- one that is associated with social and economic disadvantages in both the short- and long-run (Burt, 1990; Hawkins, Catalano, Kosterman, Abbott, & Hill, 1999; Hoffman, 2006, Reynolds et al., 2007).

The literature documents that risky sexual behavior of adolescents often impose burdens of poor health outcomes (i.e., premature birth, intrauterine growth retardation, low-birth-weight babies, and prenatal complications), socio-economic costs (i.e., childbearing, single motherhood, impeded school

Yamada T, Chen C C, Smith J, Finkelstein MJ

achievement, low education attainment, poor-earning potential, and future loweconomic status), and medical costs, including the detection and treatment of sexually transmitted diseases (Ayoola, Brewer, & Nettleman, 2006; Centers for Disease Control and Prevention (CDC), 2012; Hoffman, 2006; Muender, Moore, Chen, & Sevick, 2000). Risky sexual behaviors among adolescents continue to be a public health priority (Chen, Yamada, & Walker, 2011; Kirby et al., 2004; Lieberman, Gray, Wier, Fiorentino, & Maloney, 2000; Philliber & Nolte 2008; Sabia, 2006; Sasaki & Kameoka, 2009).

However, there remains a considerable reservoir of mixed evidence from empirical studies about the extent to which health intervention programs are effective, and which overall design (including whether abstinence only or abstinence plus) best affects adolescent risk behavior.

This study begins by focusing on a single, complex behavioral intervention and the evaluation of its effectiveness in adolescents. Second, this research sheds light on the program effectiveness within the theoretical foundation of the PRECEDE-PROCEED model (PP model) which is related to the behavioral effects in Phase 8 and outcomes in Phase 9 of Figure 1. In this way, this study serves to 2

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guide the evaluation of risky sexual behaviors and the assessment of schoolbased health intervention, with the intention of providing empirical evidence to guide public policy.

Method Study Design and Data Collection The Family Life Abstinence Program (FLAP) is sponsored by the Adolescent and Family Comprehensive Services of New York. The project targets 800 students in 6th and 7th grades. The FLAP contains two primary components: one is a 2-year abstinence only education program based on the “Sex Can Wait Curriculum”. This program offers 24 weekly classes, which last 45 to 60 minutes. Participating schools in the Bronx, New York were randomly assigned to the treatment and control groups.

The project employs a quasiexperimental treatment-control group eva lu at io n d es ign w it h ra n d o m assignment of schools to treatment and control groups. Approximately 700 students are in the intervention and 500 students are in the control group. A common instrument is administered to students at the baseline, in addition to follow-ups at 6 months, 12 months and 24 months. A semi-structured instrument completed at the end of each

Yamada T, Chen C C, Smith J, Finkelstein MJ

class period by health educators delivering the curriculum is used to capture classroom implementation of the curriculum. All data collection was completed by May 2010 and the followup data have been processed in the language which the adolescents selected (English or Spanish). The survey was administered only by trained research assistants, in order to ensure acceptable responses.

Empirical framework for model and measurement The PP model is a widely used model that has guided the design of programs in various settings (for example, Gary et al., 2003; Wright, McGorry, Harris, Jorm, & Pennell, 2006). The model has also been incorporated into national policy documents for community health and applications in assisting school health curriculum planners, administrators, parents, teachers, and advocates for creating behavioral health interventions (Green & Kreuter, 2005). This study applies intra-personal and interpersonal determinants to the PP Model.

The classroom-based healtheducation curriculum designed to p ro m o t e a d o l e s c e n t p r e g n a n c y prevention, risky sexual behavior avoidance, and sexual abstinence will be

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examined with regard to the changes in predisposing factors, enabling factors, and reinforcing factors by controlling for socio-demographic factors before and after the health-education curriculum interventions, as shown in Phase 6 of Figure 1.

The conceptual model for a costeffectiveness analysis is an application from the framework of the PP model. The model of this empirical study embodies adolescent pregnancy prevention, risky sexual behavior avoidance, and sexual abstinence among adolescents, and will be examined with predisposing, enabling and reinforcing factors. We show a conceptual framework of the healtheducation intervention program that is associated with adolescent health behavioral changes in Figure 1.

The basic structural model for this empirical analysis is: AHBi = β0 + β1APRi + β2AENi + β3AREi + β4ASDi + e……………………(1) Equation 1 represents the relationship between the health behavioral changes of adolescent “i,” and an adolescent with health-education intervention in Phases 3 and 4, as seen in Figure 1. Predisposing (APR), enabling (AEN), reinforcing (ARE), a n d s ex u a l a c t i v i t y a n d s o c i o demographic (ASD) factors will influence an adolescent sexual risk behavior (AHB).

Yamada T, Chen C C, Smith J, Finkelstein MJ

“e” is an unobserved error, generally assumed to satisfy E(e| APR, AEN, ARE, ASD)=0. Similarly, risky sexual behaviors are incorporated in the PP model to obser ve decision-making health behavior and influential determinants.

Results Descriptive statistics Table 1 reports basic descriptive statistics on the outcome variables for the intervention and comparison groups at the baseline and first follow-up. The table suggests that in terms of risky sexual behavior, more than 50% of a d o l e s c e nt st u d e nt s re s p o n d e d negatively to sexual risk. About 50% of both intervention and comparison adolescents answered that they control pregnancy avoidance and sexual abstinence. However, there are no clearcut differences between adolescents in the comparison and intervention groups regarding attitudinal change in the risky sexual behavior, pregnancy avoidance, and sexual abstinence.

Table 1 shows the distribution of the study participants at the baseline and follow-up. The difference in attrition rates in the intervention versus comparison group can be attributed in part to the enrollment at the schools.

Some of the comparison schools had populations of students in K-6 only.

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Therefore, as students moved to 7th grade and beyond, students either went to other public schools within the district, private schools within the district or left the district entirely. We were only able to track those students who remained in the public schools within the Bronx school district. The programs were conducted in th th 6 and 7 grades. Approximately 1200 baseline students for both intervention and control adolescents. The Bronx sample was 7% White, 58% Hispanic, 33% African American, and 2% were identified as “other.”

Pregnancy avoidance and sexual abstinence Table 2 displays the Poisson regression results for the effect of schoolbased health education on pregnancy avoidance and sexual abstinence among th th 6 and 7 grade adolescents. The adolescent sexual behaviors before and after intervention are analyzed in the following categories: one measures pregnancy avoidance and another measures sexual abstinence. The results illustrate the different influences of the school-based health-education curriculum on behaviors of adolescents in Phase 8 of Figure 1.

For the behavioral outcome related to pregnancy avoidance (i.e., “How likely is it that you will use birth control or

Yamada T, Chen C C, Smith J, Finkelstein MJ

pregnancy protection when you have sex?”) and sexual abstinence (i.e., “No sex is the only sure way to not get pregnant. It is the only way to avoid sexual disease.”), the school-based health education program has a significantly positive influence on behavioral changes. The positive coefficient (i.e., 0.435) of “How likely is it that you will use birth control or pregnancy protection when you have sex?” shows that, among the intervention group, there is a higher probability of birth control or pregnancy prevention behavior than among the control group. The incidence-rate ratio in the next column shows the different influences of the school-based health education curriculum on pregnancy avoidance (i.e., incidence rate 1.544) and sexual abstinence (i.e., incidence rate 1.073) among adolescents in Phase 8 of Figure 1. The effect of the health education intervention on the use of pregnancy protection by adolescent students is 1.544 times higher (or 54.4%) with each unit increase in the healtheducation intervention program.

Moreover, as shown in Table 2, the incidence rate for those who are currently engaging in sexual activity (i.e., variable name: current sexual activity) and have received health education 5

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intervention is 3.033 times higher than those who do not receive health education intervention. This indicates that the health education intervention would increase pregnancy avoidance by 203.3% (i.e., 3.033-1). Thus, the schoolbased health education programs are effective for who sexually active adolescents in the intervention group.

For the behavioral outcome related to sexual abstinence (i.e., “No sex is the only sure way to not get pregnant. It is also the only way to avoid sexual disease.”), the coefficient is positive (i.e., 0.071). This shows the effects of health education intervention on sexual abstinence among adolescents. The incidence rate in the next column of the Poisson regression result implies that the ex p e c t e d n u m b e r o f a b s t i n e n t adolescents within the intervention group is 7.3% (i.e., 1.073-1) higher than within the control group, with each unit increase in the health-education intervention program. The behavioral change by the intervention group is larger than the control group. However, adolescents who are active sexually now or in the past in the intervention group are not statistically significant from sexually active adolescents in the comparison group.

The incidence-rate ratios of the

Yamada T, Chen C C, Smith J, Finkelstein MJ

“importance of not having sex until marriage” item related to pregnancy avoidance and sexual abstinence in Table 2 are both positive and significant. The attitude is 9.7% (i.e., 1.097-1) higher among the health education intervention group for pregnancy avoidance than for the control group while sexual abstinence declined by 3.3% (i.e., 0.967-1) for the health education intervention group than for the control group. The effects of health education intervention on these two behavioral outcomes are different and depend on the perceptions regarding sex and marriage.

Conclusions and Implications This research focuses on the costeffectiveness of a behavioral health intervention to promote abstaining from sexual activities and pregnancy avoidance among 6th and 7th graders in an urban middle school. The results from using the PP model clearly show that there is a significant difference between the control group and the group provided with school-based health-education. For the school-based behavioral health intervention, the differences are a 54.4% increase in pregnancy avoidance. The results support the effectiveness of early behavioral interventions for adolescent pregnancy (Key, Gebregziabher, Marsh, 6

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& O'Rourke, 2008) and abstinence (Aten, Siegel, Enanharo, & Auinger, 2002).

This study supports contributing to school-based behavioral interventions in order to prevent adolescents from engaging in sexual activities or becoming pregnant (Santelli, Lindberg, Finer, & Singh, 2007; Thomas & Dimitrov, 2007).

An application of the PP model to analyze community and public health policy is important. School-based health intervention for abstaining from sexual activities and pregnancy prevention still needs to be carefully evaluated from a cost effective point of view. There are

Yamada T, Chen C C, Smith J, Finkelstein MJ

two limitation of this study. First, there are always concerns about the validity of self-report data by adolescent 6th and 7th graders. Second, we could not ask sexual-related behavioral questions which are related to useful policy oriented variables (i.e. pregnancy, STD infection, abortion, etc.) due to school regulations. In spite of these limitations, this cost effective study of an early behavioral health intervention has important implications for school-based health intervention curriculums for reducing sexual activity and enhancing pregnancy prevention of adolescents.

Acknowledgment The project described was supported by Grant Number APH PA 00111-01 from the U.S. Department of Health and Human Services. The statements and opinions expressed are solely the responsibility of authors' own and do not necessarily represent the official views of the Department and authors' affiliated institutions. We gratefully acknowledge the funding support from the Office of Adolescent Pregnancy Prevention Program, U.S. Department of Health and Human Services to the Family Life Abstinence

[FLAP] for the project at Adolescent and Family Comprehensive Services in Bronx, New York. We also wish to thank the Office of Sponsored Research, the Rutgers University, for the research support [Grant numbers #202180 and #202243]. We greatly thank Michael Grossman and John D. Worrall for kindly helpful comments and suggestions on a draft of our manuscript. An earlier version of this paper was presented at the Center for Children and Childhood Studies, Rutgers University.

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REFERENCES Aten, M. J., Siegel, D. M., Enanharo, M. & Auinger, P. (2002). Effects of a schoolbased intervention aimed at abstinence among middle school students. Journal of Adolescent Health, 31, 70-78 Ayoola, A.B., Brewer, J. & Nettleman, M. (2006). Epidemiology and prevention o f u n i nte n d e d p re g n a n c y i n adolescents. Primary Care, 33 (2), 391-403.

Burt, M. R. (1990). Public costs and policy implications of teenage childbearing, Advance in Adolescent Mental Health, 6, 265-280.

Centers for Disease Control and Prevention (CDC). (2012).

Prepregnancy contraceptive use among teens with unintended pregnancies resulting in live births Pregnancy Risk Assessment Monitoring System (PRAMS), 20042008. MMWR Morbidity and Mortality Weekly Report, 61(2), 25-9.

Chen, C. C., Yamada, T., & Walker, E. (2011). Estimating cost effectiveness of a classroom-based abstinence & pregnancy prevention program on preadolescent sexual risk behaviors.

Journal of Children and Poverty, 17 (1), 87-109.

Gavin, L., MacKay, A. P., Brown, K., Harrier, S., Ventura, S. J., Kann, L., Rangel, M., et al., (2009). Sexual and reproductive health of persons aged 10-24 years - United States, 20022007. MMWR Surveillance Summaries, 58 (6), 1-58.

Gary, T. L., Bone, L. R., Hill, M. N., Levine, D. M., McGuire, M., Saudek, C., & Brancati, F. L. (2003). Randomized controlled trial of the effects of nurse case manager and community health worker interventions on risk factors for diabetes-related complications in urban African Americans. Preventive Medicine, 37(1), 23-32.

Green, L. W., & Kreuter, M. W. (2005).

Health Program Planning: An Educational and Ecological Approach (4th ed.). New York, NY: McGraw-Hill.

Hawkins, J. D., Catalano, R. F., Kosterman, R., Abbott, R. & Hill, K. G. (1999).

Preventing adolescent health-risk behaviors by strengthening protection during childhood.

Archives of Pediatrics & Adolescent Medicine, 153(3), 226-234.

Hoffman, S. D. (2006). By the Numbers: The Public Costs of Teen Childbearing.

Retrieved June 30 2012 from the National Campaign to Prevent Teen Pregnancy Website link:http://www.thenationalcampaign.or g/resources/pdf/pubs/BTN_Full.pdf.

Hamilton, B.E. & Ventura, S.J. (2012).

Birth rates for U.S. teenagers reach historic lows for all ages and ethnic groups. NCHS Data Brief, 89, 1-7.

Key, J. D., Gebregziabher, M. G., Marsh, L. D. & O'Rourke, O. (2008).

Effectiveness of an intensive, schoolbased intervention for teen mothers.

Journal of Adolescent Health, 42 (4), 394-400.

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Kirby, D. B., Baumler, E., Coyle, K. K., Basen-Engquist, K., Parcel, G. S., Harrist, R. & Banspach, S. W. (2004).

The "Safer Choices" intervention: its impact on the sexual behaviors of different subgroups of high school students. Journal of Adolescent Health, 35 (6), 442-452.

Lieberman, L. D., Gray, H., Wier, M., Fiorentino, R. & Maloney, P. (2000).

Long-term outcomes of an abstinence-based, small-group pregnancy prevention program in New York City schools. Family Planning Perspectives, 32 (5), 237245.

Muender, M. M., Moore, M. L., Chen, G. J. & Sevick, M. A. (2000). Cost-benefit of a nursing telephone intervention to reduce preterm and low-birth weight births in an African American clinic population. Preventive Medicine, 30(4), 271-276.

Philliber, S., & Nolte, K. (2008).

Implementation science: promoting science-based approaches to prevent teen pregnancy. Prevention Science.

9(3), 166-177.

Reynolds, A. J., Temple, J. A., Ou, S. R., Robertson, D. L., Mersky, J. P., Topitzes, J. W., & Niles, M. D. (2007).

Effects of a school-based, early childhood intervention on adult health and well-being: a 19-year follow-up of low-income families.

Arch Pediatric Adolescent Medicine, 161(8), 730-739.

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Sabia, J. J. (2006). Does sex education affect adolescent sexual behaviors and health? Journal of policy analysis and management, 25(4), 783-802.

Santelli, J. S., Lindberg, L. D., Finer, L. B. & Singh, S. (2007). Explaining recent declines in adolescent pregnancy in the United States: the contribution of abstinence and improved contraceptive use. American Journal of Public Health, 97(1), 150-156.

Sasaki, P.Y., & Kameoka, V.A. (2009).

Ethnic variations in prevalence of high-risk sexual behaviors among Asian and Pacific Islander adolescents in Hawaii. American Journal of Public Health, 99(10), 1886-92.

Thomas, C. L., & D. M. (2007). Dimitrov.

Effects of a teen pregnancy prevention program on teens' attitudes toward sexuality: A latent trait modeling approach.

Developmental Psychology, 43(1), 173-85.

Wright, A., McGorry, P. D., Harris, M. G., Jorm, A. F., & Pennell, K. (2006).

Development and evaluation of a youth mental health community awareness campaign - The Compass Strategy. BMC Public Health, 22(6), 215-237.

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Table 1 Descriptive statistics for three dependent variables used in this study (i.e., pregnancy avoidance and sexual abstinence).

Comparison Groups Intervention Group Baseline Follow-up Baseline Follow-up n=492 (%) n=21 (%) n=626 (%) n=165 (%) Pregnancy Avoidance How likely is it that you will use birth control or pregnancy protection when you have sex?

Not at all likely Not very likely Somewhat likely Probably likely Definitely likely Sexual Abstinence No sex is the only sure way to not get pregnant. It is also the only sure way to avoid hea lth problem like disease.

Disagree a lot Disagree a little Agree a little Agree a lot

92 (18.9) 26 (5.3) 66 (13.5) 76 (15.6) 228 (46.7)

2 (10.0) 0 (.0) 3 (15.0) 5 (25.0) 10 (50.0)

129 (20.6) 30 (4.8) 64 (10.2) 91 (14.6) 311 (49.8)

24 (17.4) 7 (5.1) 23 (16.7) 17 (12.3) 67 (48.6)

115 (23.5) 77 (15.7) 90 (18.4) 207 (42.3)

1 (5.0) 2 (10.0) 6 (30.0) 11 (55.0)

109 (17.4) 82 (13.1) 124 (19.8) 311 (49.7)

24 (16.6) 18 (12.4) 34 (23.4) 69 (47.6)

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Table 2 Poisson regression results for the effect of school-based health education on pregnancy avoidance and sexual abstinence among 6th and 7th grade adolescents.

Variables Coefficient (p value) Incidence rate (p value) [95% C.I.] [95% C.I.] Dependent variable: Pregnancy avoidance and STD prevention (“How likely is it that you will use birth control or pregnancy protection when you have sex?”)

Intervention group [effect: relative to the control group] Sexual activity ever Current sexual activity Importance of not having sex until marriage

0.435 (0.001) [0.184; 0.684] -0.013 (0.938) [-0.354; 0.328] 1.110 (0.000) [0.797; 1.422] 0.092; (0.038) [0.005; 0.180]

1.544 (0.001) [1.202; 1.983] 0.986 (0.938) [0.701; 1.388] 3.033 (0.000) [2.219; 4.145] 1.097 (0.038) [1.005; 1.197]

Samples: 98 LR chi2 (27): 248.89 Probability chi2: 0.000 Pseudo R2:0.329 Log likelihood: -253.78 Dependent variable: Sexual abstinence (“No sex is the only sure way to not get pregnant. It is also the only way to avoid sexual disease.”)

Intervention group [effect: relative to the control group]

0.071 (0.041) [0.002; 0.139]

1.073 (0.041) [1.002; 1.149]

Sexual activity ever

0.094 (0.202) [-0.050; 0.238]

1.098 (0.202) [0.9503; 1.269]

Current sexual activity

0.073 (0.409) [-0.100; 0.247]

1.076 (0.409) [0.904; 1.280]

Importance of not having sex until marriage

0.033; (0.031) [-0.063; 0.003]

0.967 (0.031) [0.938; 0.996]

Samples: 1208 LR chi2 (28): 92.18 Probability chi2: 0.000 Pseudo R2:0.022 Log likelihood: -2018.18 Note: Each Poisson regression is adjusted for predisposing, enabling, reinforcing factors, and socio-demographic factors. The full set of regression result is available from the authors.

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Figure 1 Application of the Precede-Proceed Model to Abstinence and Refraining from Risky Sexual Behavior among Adolescents Phase 5

Phase 4

Phase 3

Administration Assessment

Educational & Ecological Assessment

Behavioral Assessment

Phase 1 & 2 Health & Social Assessment

Predisposing Factors Phase 6 Implementati

Health Educational Intervention

Enabling Factors

Risky Health Behavior

Teen Pregnancy

Reinforcing Factors Phase 7

Phase 8

Process Evaluation

Impact Evaluation

Phase 9 Outcome Evaluation

Source: Green, L.W., and M.W. Kreuter. 2005. Health Program Planning: An Educational and Ecological Approach (4th ed.). New York: McGraw -Hill.

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 3, Issue 1 (2012), pp 13-19 RN: 3-W/12/AHQ/3-1 Corresponding Author: Azher Hameed Qamar (NORWAY) email: azher.qamar@svt.ntnu.no

UN Convention on the Rights of the Child (UNCRC, 1989) A brief presentation Azher Hameed Qamar

Norwegian Centre for Child Research (NOSEB), Norwegian University of Science and Technology (NTNU), Trondheim, NORWAY

Key w o r d s : C h i l d r e n R i g ht s , Childhood, UNCRC

U

nited Nations Convention on the Rights of the Child (UNCRC) is an international convention for civil, political, economic, social and cultural rights of children. UNCRC is a successful UN convention accepted by the whole world (except US and Somalia). Nations ratifying this international convention are bound to it by international law. This paper is a brief presentation about its historical background, guiding principles, and main theoretical discussion.

Historical Background The discussion about children as independent right-holder is not new. In 1924, League of Nations passed Declaration on the Rights of the Child

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emphasizing on protective strategies. This declaration was non-binding and few states incorporated it into their domestic law.

1970's movement for the empowerment of children in political, civil, and social contexts in U.S, further led to a liberation-oriented approach for children rights. At the end of decade, it was seriously realized that existing human right laws and instruments did not address the needs of the children. In 1979, a proposal for the International Year of the Child from Polish delegation was a positive effect of the pressure to create a binding international instrument for the children. From 1979 to 1989, a number of discussions made to solve the problematic issues about the right of the child. These issues also involved the religious, cultural, and social diversities in different parts of the world. Right to freedom and right to participate were controversial. After a number of controversies and compromises, UNCRC was formed in a way that some articles are described in so broad terms that they become ambiguous (Fottrell, 2000). In 1978, the first draft of the convention in the form of a proposal was presented by Poland. In the first revision of the draft, the extensive best interest provision (contained in the principal 2 of the declaration) was included in full terms and with paramount consideration. Initial reaction to this draft was not favorable , and in 1980, the alternative draft was submitted to the Working Group of the Commission on the Human Rights (responsible for drafting the convention). In this draft, the 'paramount consideration' of the best interest of the child was replaced by the 'primary consideration'. The revised text was accepted in 1981. After seven years final draft was approved and there was an addition of 'legislative bodies' after the phrase 'administrative authorities' (UNCRC,

Qamar, A. H.

3.1). Since 1986, UNICEF had begun encouraging developing countries to participate in the drafting process, and this laid the foundation of wide spread support for UNCRC. UNCRC is not a result of distorted drafting process, though Regan Administration's rejection affected a limited number of economic and social rights and resulted in downgrading of those provisions. The replacement of Ronald Regan by George Bush in January 1989 ensured that there would be no attempt by the US to prevent or delay UNCRC (Alston, 1994). The Geneva Declaration of the Rights of the Child (1924) and modified form of the declaration (1959), Universal Declaration of Human Rights (1948), The International Covenant on Civil and Political Rights (1966), and International Covenant on Economic, Social and Cultural Rights (1966) form the basis of UNCRC (UNCRC Preamble). UNCRC was opened for signature in January 1990 and within four years, it was globally ratified 1. UNCRC2 was welcomed by the Director of UNICEF as 'Magna Carta for Children' (Fottrell, 2000).

Guiding Principles and Theoretical Discussion What is a child? “To be a child” is related to different cultural contexts and 1 The United States has not so far ratified the UNCRC, in part due to potential conflicts with the constitution and because of opposition by some political and religious conservatives to the treaty.

2 The Convention also has two optional protocols, adopted by the General Assembly in May 2000 and applicable to those states that have signed and ratified them. The Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol to the Convention on the Rights of the Child on the Sale of the Children, Child Prostitution and Child Pornography.

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state laws. Defining a child is important in many aspects, like defining laws about the minimum age for marriage, labor, and recruitment in armed forces. UNCRC (1989) defines a child as a human being below the age of eighteen (UNCRC, article 1). As UNCRC does not set the minimum age of a child, therefore, right to life before birth or right of a child in womb has become an important issue. Article 6(2) ensures state parties for the survival and development of a child; therefore, some of the state parties like Argentina and Guatamala suggested the statement amendment as “the beginning of childhood from the moment of conception”.

In this connection, abortion is a violation of Right to Life. Majority of international laws is not clear about the right of a child in the womb (Bueren, 1998). Anyhow, UNCRC preamble emphases on the needs for special safeguards and care before as well as after birth. Abortion is a serious threat to the life of a child before birth. It might take place due to gender discrimination or cultural/legal status of a legitimate birth.

UNCRC accommodates the state parties according to their federal laws or cultural, religious practices but defining the beginning of life for a child is a controversial debate. Celebrating the 20th anniversary of UNCRC in Geneva, MCCL Global Outreach (MCCL GO) released a new document defending the rights of unborn children worldwide, directing attentions towards the rights of an unborn child (MCCL, 2009). On the other hand, period of first eighteen years of life is more dynamic, rapid, and consistent in term of physical, mental, psychological, social, and emotional growth.

Hence, children in different cultures go through a gradual process of attaining rights (Montgomery, 2003).

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Guiding Principles of UNCRC and Theories of Childhood UNCRC emphasizes on the significance of rights according to progress in age of the child. Protective and provision rights which are more significant in early childhood, are overtaken by participation rights as the child move towards adulthood.

UNCRC, is significant than the earlier conventions, first, because it got a universal support, and second, it is based on the principles which gives children a status of human being enjoying full rights. These principles also provide a framework to state parties where they can do legislation and policy making according to their cultural context within this framework. To put this convention in practice, state parties while making decisions about children, must guarantee children rights without any discrimination (UNCRC, 2), primarily focusing the best interest of the child and respecting the child’s views (UNCRC, 3 and 12), ensuring the child’s autonomy and right to life, survival and development (UNCRC, 5 and 6). Article 2 and 6 are almost accepted and valued though we see problems with their implementation, especially gender discrimination and abortion. Whereas article 3, 5 and 12 have met with controversy, and a continuous debate is going on their interpretation and implementation in cultural diversities. The interpretation of child and childhood, especially the debates based on related theories have led a more critical analysis of UNCRC. The modern conception of childhood, dated from 16th century, gives a picture of innocent, frail children forced to be dependent , and the 'golden age' of childhood is obliged to study and play. This dependent and adult-centered childhood does not match the concept of participation 15

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rights as described in UNCRC (Franklin, 1995). Two important concepts or approaches about children and childhood provide philosophical groundings for children rights movement.

Children need to be nurtured and protected by society (adults as making decisions for the children).

Protectionists, Welfarists and Care taker Theorists advocate this concept about children and childhood.

Children as needing empowering to make decisions at their own. They are entitled to self-determination.

Participatory, right -based, liberationists advocate this point of view about child and childhood. (Burr & Montgomery, 2003; Pardeck, 2006) Welfare rights includes protection rights that do not require any capability of the right holder, like education, health , protection, minimum standard of living.

Liberty rights or participation rights include participation in decision making, voting and making choices that require some capability to exercise them (Archard, 1993 in Franklin, 1995).

Children needing empowering to make decisions The roots of the children's liberation lay in early debates on children rights in 1960 representing children as a major oppressed group in Western society.

Liberationists claim modern separation of child from the adult world an oppressive discrimination based on the concept of childishness and incompetence. They advocate the children's participation rights as an authority for children to do something at their own without any interference of adults. In other words, the participation rights of children impose a responsibility on

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adults to help children exercise their rights by not preventing them (for example, the right to vote, work, travel, privacy, political and economic power, to own property and make choices for themselves). Childishness, frailty or helplessness is not a natural quality that belongs to children, therefore it should not be used to deny children rights.

Liberationists deny the biological concepts of incompetence that is related to age and put focus on right to self-determination.

(Archard, 1993; Pardeck, 2006). They consider the children to be given as much autonomy to enjoy freedom of expression, opinion, and to act as an active social actor.

Liberationists, in spite of recognizing an inability of a child to do something in early age (driving a car); they are silent about age and competence comparison. Secondly young children who possess rights they are unable to exercise, they would need a caretaker to exercise these rights (Burr & Montgomery, 2003; Archard, 19 93).

Children as needing adult protection and help Caretaker thesis or child protectionists get a strong support from parents and teachers who advocate children rights but oppose to grant full autonomy or adulthood to minors. They want to ensure adult-protection for children from the danger of the larger society (Pardeck, 2006).

Caretaker thesis gives an adult-centered approach denying children freedom to make a decision at their own. Caretaker can choose for the children what the children would choose if they were competent.

Caretaker thesis does not differentiate between children in any aspect and denies the self-determination right to all children, considering every child as incompetent.

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autonomous to make decisions because they can commit serious mistakes affecting their future. They do not have the wisdom that requires experience. A child is incompetent who need protection because of being in developing stage of cognition, lacking emotional consistency and physical immaturity to participate in society and making decisions (Locke, 1964 in Franklin, 1995; Burr & Montgomery 2003; Archard, 1993).

Caretaker thesis becomes problematic since 'incompetence' is not a universalized concept because of inheritance, environment, talent, natural abilities, and cultural diversities with reference to time and space. If a child can do serious mistakes, same wise an adult may commit more damaging mistakes but will neither be denied from some rights nor be taken as incompetent to commit harmful mistakes. Nevertheless, to prepare children for self-determination in the future certainly requires parenting to help the child develop basic skills and knowledge. This is possible only if the child has choices to practice his/her freedom to develop desirable maturity for the desired adult ‘becoming ’.

Protection Rights vs Participation Rights Articles 4, 12-17 describe participation rights and highlight children freedom to think and give their opinion. The children must have right to access all information and media unless the information are not damaging for themselves and others. Children have the right of freedom towards religion and parents should provide them guidance.

They have freedom of association, joining groups and organizations. The new concept of child-centered approach of childhood is linked with the idea of enhancing children competence as natural as it could be. The problems in UNCRC's implementation

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become more explicit when one right collides against another. For example, right to compulsory primary education (UNCRC, 28) denies right of the child to be consulted to make a decision for him (UNCRC, 12) especially when child is not willing to go to school (Burr & Montgomery, 2003) The best interest of the child The best interest of the child means that the adults acting on behalf of the children must act according to welfare and the best interest of the child. The child's best interest should be given preference on adult's interest (UNCRC, 3). This article is mentioned indirectly in many other articles, for example, in article 9, in case of separation of parents, child has right to live with any of his/her parents unless it is not in the best interest of the child. Similarly, parent’s responsibilities towards the child (UNCRC, 18), child protection in adoption and without parent child (UNCRC, 20-21), and a child under the law in the judicial system (UNCRC, 37 and 40) are related to best interest of the child (Alston, 1994). This article is about the welfare rights of the child based in the developmental needs that are further grounded in cultural and political contexts. Thus, the article is difficult to generalize. Secondly, as the best interest principle is taken as a primary consideration, child’s opinion and his freedom to express (UNCRC, 12 and 13) need to be understood where they stand (James & James, 2004). Further, the ‘best interest’ is something adults decide about the child, often affected by the society norms, community, and traditions where the child is seen to be an adult in future.

The concept, therefore, is bound to cultural contexts where the best interest is dependent on a child as individual and society as a whole. For example, a

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traditional society, that observes best interest of the child according to the child’s preferences in the extended family (Alston, 1994; Kjorholt, 2004). The situation becomes uncomfortable and critical when legislation supporting participatory rights have to do decisions on behalf of the 'best interest' of the child collides with the 'views of the child' (Burr & Montgomery, 2003).

The best interest principle is broad in its interpretation because it also involves public and private institutions, administrative and legislative bodies, and individuals related to child as parents or guardians. UNCRC binds the state to ensure the provision and protection rights on account of best interest principle. Because of its broad interpretation and involvement of legal as well as cultural influences, it becomes problematic when in practice.

There are certain cases where the court can use this principle to over-rule the parent or guardian's point of view. A child whose health or life may be in danger while living with parents or legal guardians may be separated by court orders to ensure the protection of the child according to UNCRC (Alston, 1994). The best interest principle faces a conflict when a child is capable of

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faces a conflict when a child is capable of presenting his/her views about the decisions that are going to be taken on his/her behalf. Similarly, the societies where the interpretation of the ‘best interest’ depends on the norms set by that culture or religion; we find it problematic, for example, female circumcision, education provision based on caste system or gender disparities.

Conclusion UNCRC is over all a successful document accepted by the whole world (except USA, Somalia) including the countries preserving religious values (like Iran and Afghanistan) and the countries sensitive to their sovereignty (like China and Russia). Inspite of the challenges in its implementation, UNCRC helps to focus on children as members of the society holding special rights. UNCRC guides to constitute for children rights to those countries who do not have special consideration for children in their existing constitution.

Moreover, ongoing debates about chi ldren and their rights give an impression that ‘Childhood Matters!’.

REFERENCES Alston, P. (1994). The best interest principle: Towards a reconciliation of culture and human rights. In P. Alston (Ed.), The Best Interest of the Child: Reconciling Culture and Human Rights (pp. 1-25): Oxford University Press.

Archard, D. (1993). Children: Rights and Childhood. London: Routledge.

Bueren, V. G. (1998). The International Law on the Rights of the Child. London: Martinus Nijhoff.

James, A & James, A. L. (2004). Constructing Childhood. Theory, Policy and Social Practice.

London: Palgrave/Macmillan Kjorholt, A. T. (2004). Childhood as a Social and Symbolic Space: Discourses on Children as Social Participants in Society. Doctoral Thesis 2004:152, Trondheim: NTNU Pardeck, J. T. (2006). Children's Rights: Policy And Practice: Haworth Press

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Burr, R. & Montgomery, H. (2003). Children and Rights. In: Woodhead, M. & Montgomery, H. (Eds.), Understanding Childhood.

An interdisciplinary approach. John Willey & Sons Fottrell, D. (2000). One step forward or two step sideways? Assessing the first decade of United Nations Convention on the Rights of the Child. In: Fottrell, D. (Ed.), Revisiting children rights. 10 years of UN Convention on the rights of the Child (pp. 1-14): Kluwer Law International

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MCCL. (2009). New MCCL GO ‘Celebrating Rights of the Child’ document details U.N. rights of unborn, from http://www.mccl.org/Document.Do c?id=286 Montgomery, H. (2003). Childhood in time and place. In: Woodhead, M. & Montgomery, H. (Eds.), Understanding Childhood.

An interdisciplinary approach. John Willey & Sons

Franklin, B. (1995). The case for children's rights: a progress report. In: Franklin, B. (Ed.), The Handbook of Children's Right. Comparative policy and practice (pp. 3-24): London and New York: Routledge

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 3, Issue 1 (2012), pp 20-51 RN: 3-W/12/AS/3-1 Corresponding Author: Alok Sharma email: alokasharma001@yahoo.com

The Rights of Child in India: A journey for recognition

Alok Sharma

Law Centre I, Faculty of Law, University of Delhi, Delhi

Keywords: Children, rights, UN CRC, protection, human rights

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And limitation in which children are wholly subservient and dependent.

Hence childhood is nothing short of a world of isolation, sadness, exploitation, oppression, cruelty and abuse. So we can rightly say that childhood is not a static, objective and universal fact of human nature, but a social construction which is both culturally and historically determined.

International Developments After the First World War, there were a variety of challenges before different countries of Europe and North America. The League of Nations established a Committee on Child Welfare in 1919. The private agencies also felt the need to provide broad social standards for the protection of children and one of them was the Save the Children International Union, inspired largely by the work of an English woman, Eglantyne Jebb with her sister Dorothy Buxton, who had founded Save the Children in response to her own experience with child victims of war in the Balkans. In 1923, the said Union adopted as its charter a five-point declaration which described the basic conditions a society should meet in order to provide adequate protection and care for its children. In 1924, it persuaded the League of Nations to adopt the same declaration. Since the League of Nations held its meetings in Geneva, this 1924 Declaration of the Rights of the Child came to be known as the “Declaration of Geneva”.

Declaration of Geneva: Child must be given the means needed for its normal development, both

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materially and spiritually.

Hungry child should be fed; sick child should be helped; erring child should be reclaimed; and the orphan and the homeless child should be sheltered and succoured.

Child must be first to receive relief in times of distress.

Child must be put in a position to earn a livelihood and must be protected against every form of exploitation.

Child must be brought up in the consciousness that its best qualities are to be used in the service of its fellow men.

While recognizing that mankind owes to the child the best that it has to give, these five simple principles of the Declaration established the basis of child rights in terms of both protection of the weak and vulnerable and promotion of the child's development. The Declaration also made it clear that the care and protection of children was no longer the exclusive responsibility of families or communities or even individual countries; the world as a whole had a legitimate interest in the welfare of all children.

The Second World War caused greater sufferings for children. In 1945, the United Nations Organization replaced the League of Nations. In 1946, the Economic and Social Council of the United Nations recommended that the Geneva Declaration be reaffirmed as a sign of commitment to the cause of children. In the same year, the United Nations established a specialized agency the United Nations International Children's Emergency Fund popularly known as UNICEF with a mandate to care for the world's children, to provide assistance to children in Europe and elsewhere who had lost homes, family, 21

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and opportunity as a result of the war, to provide for long-term assistance to children who suffered from deprivation caused by economic and political conditions, as well as the effects of war.

UNICEF's mission is to advocate for the protection of children's rights, to help meet their basic needs and to expand their opportunities to reach their full potential. Presently UNICEF is known as United Nations Children's Fund.

In 1948, the United Nations General Assembly had adopted the Universal Declaration of Human Rights (UDHR). The UDHR contains three specific references about children and their rights. Article 25 states that “Motherhood and childhood are entitled to special care and assistance”, and adds that “All children, whether born in or out of wedlock, shall enjoy the same social protection”. In Article 26, which deals with the right to education, provision is made to ensure that “Parents have a prior right to choose the kind of education that shall be given to their children”. When the UDHR was adopted, it was assumed, that children's all rights had been taken care of in the postSecond World War era but it was not so.

Children were recognized as particularly a vulnerable group, who needed specific measures directed towards their protection and the provision of rights that would permit their full and healthy development. It was in this background that the United Nations General Assembly adopted the Declaration of the Rights of the Child on 20 November, 1959.

The Declaration of the Rights of the Child:

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This Declaration expanded the five principles of the Geneva Declaration to ten basic principles. The gist of the ten principles adopted is as follows: Non-discrimination.

Special protection, opportunities and facilities to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity.

The right to a name and nationality.

The right to social security, adequate nutrition, housing, recreation and medical services.

The differently-able child to be given special treatment, education and care.

The need for love and understanding so that the child grows in the care and responsibility of his/her parents, and in an atmosphere of affection and moral and material security.

Entitlement to education, which should be free and compulsory, at least in the elementary stages.

The child should be among the first to receive protection and relief in all circumstances.

Protection against all forms of neglect, cruelty and exploitation, including that associated with employment.

Protection from practices that may foster racial, religious and other forms of discrimination.

However, much before this Declaration came into existence; Indian Constitution had reflected all these 10 principles including the Articles contained in the UDHR. Nonetheless, the Government of India subscribed to the principles enshrined in the Declaration and ensured that adequate steps were taken to guarantee these rights to children.

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But this Declaration was not more than a statement of good intentions as it was not binding on the Member States of the United Nations in order to put the principles of the Declaration into practice. Besides, the Declaration looked at children purely as an investment as it neither accorded any recognition to their autonomy, their wishes and feelings nor any appreciation to their empowerment. The child only remained as an object of concern, rather than a person with self-determination.

The Convention on the Rights of the Child: The year 1979 is very significant in the history of child welfare and development as being designated the International Year of the Child (IYC) by the United Nations General Assembly, a number of activities and programmes were undertaken throughout the world including the United Nations Commission on Human Rights starting work on the drafting of the Convention on the Rights of the Child (CRC). The initiative to draft the Convention came from Poland and the Commission responded by setting-up a multi-country Working Group. The Convention was approved by the General th Assembly of the United Nations on 20 November 1989. It was the first legally binding international instrument to incorporate the full range of human rightscivil, cultural, economic, political and social rights. This Convention was formally opened for signature and ratification on 26th January 1990, and Ghana was the first nation to sign and ratify it on 5 February 1990. The Government of India ratified the CRC on 11th December 1992. nd Ve r y i nte re st i n g l y, b y 2

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September 1990, just over 8 months after the Convention had been opened for signature, the twentieth ratification had been received and the Convention came into effect, more quickly than any other human rights treaty. The reason being that it had behind it the full resources of UNICEF which, having decided that the Convention was in the best interest of the child, determined to achieve the target of universal ratification as a top priority and allied with it there was a worldwide network of non-governmental organizations that included Save the Children Alliance and Defence for Children International, which chaired the NGO Ad-hoc Group that worked on the negotiation of the Convention. In every country there was a coherent and concerted pressure for ratification applied by UNICEF, from the outside, and by national nongovernmental coalitions or coordinating committees for child rights, from the inside.

The CRC is the most comprehensive statement of child rights ever made. Based on varied legal systems and cultural traditions, the Convention is a universally agreed set of nonnegotiable standards and obligations.

These basic standards, also known as Human Rights, set minimum entitlements and freedoms that should be respected by all governments. They are premised on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability and hence applicable to every human being all over the world by imposing the obligation on both governments and individuals not to infringe on the parallel rights of others.

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The CRC spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. It is based on four core principles, namely the principle of non discrimination, the best interests of the child, the right to life, survival and development, and considering the views of the child in decisions which affect them (according to their age and maturity).

It converted the ten principles of the 1959 Declaration of the Rights of the Child into 54 Articles, of which 41 relate specifically to the rights of children, which are inherent to the human dignity and harmonious development of every child, covering almost every aspect of a child's life and two Optional Protocols.

The UN General Assembly on 25 May 2000 had adopted these two Protocols viz., the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. The former came into force on 18 January 2002 while the latter on 12 February 2002. The Government of India ratified them on 16 August 2005 and on 30 November 2005 respectively.

The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services. Being an innovative document in overall human rights theory and practice, it is the first United Nations human rights instrument since the UDHR which brings together as inextricable

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elements of the life of an individual human being the full range of civil and political rights, and economic, social and cultural rights by treating children as complete individuals, rather than as elements in an economic or sociopolitical system. The Convention aims to create a balance between the rights of children and those of the parents or adults responsible for their survival, development and protection by conferring on children the right to participate in decisions concerning them and their future. It is, thus, a holistic document for each Article is intertwined with the others i.e. the rights defined in the Convention are interdependent and indivisible; as none of the articles can be dealt in isolation meaning thereby we cannot ensure some rights without or at the expense of other rights. They have to be applied and implemented simultaneously if at all the rights of every child is to be respected.

The Vienna Declaration and Programme of Action: The World Conference on Human Rights was held in Vienna in the year 1993. The Vienna Declaration and Programme of Action urged States to ratify and implement promptly the CRC. The said Declaration urges at Section II paragraph 47, all nations to undertake measures to the maximum extent of their available resources, with the support of international cooperation, to achieve the goals in the World Summit Plan of Action and calls on States to integrate the Convention on the Rights of the Child into their national action plans. By means of these national action plans and through international efforts, particular priority should be placed on reducing infant and 24

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maternal mortality rates, reducing malnutrition and illiteracy rates and providing access to safe drinking water and basic education. Whenever so called for, national plans of action should be d ev i s e d to co m b at d eva stat i n g emergencies resulting from natural disasters and armed conflicts and the equally grave problem of children in extreme poverty. Further paragraph 48 urges all states, with the support of international cooperation, to address the acute problem of children under especially difficult circumstances.

Exploitation and abuse of children should be actively combated, including by addressing their root causes. Effective measures are required against female infanticide, harmful child labour, sale of children and organs, child prostitution or pornography, as well as other forms of sexual abuse. This gave an influence to adoptions of the above mentioned Optional Protocols.

The Enforcement of Convention on the Rights of the Child: The Convention not only provides for monitoring of the performance of States parties at the international level but also what is being done for children at the national level. Article 43 sets out the criteria for the establishment of the United Nations Committee on the Rights of the Child, which provides awareness and understanding of the principles and provisions of this treaty and receives and reviews reports prepared by States Parties about their progress in implementing the Convention as required by Article 44. The CRC Committee consists of ten independent experts which ensure that the law is being enforced. National governments that ratify CRC commit themselves to

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protecting and ensuring children's rights, a n d a g re e t o h o l d t h e m s e l v e s accountable for this commitment before the international community. They are obliged to develop and undertake all actions and policies in the light of the best interests of the child and must report to the Committee, first within two years of ratification, and then every five years.

Unlike other international initiatives, for example, the Declaration and Plan of Action that emerged out of the World Summit for Children, held at New York in September 1990, there is no requirement per se that the Convention is to be fully implemented by all countries within a stipulated date rather all countries are required to make constant progress towards its implementation, but at a rate that suits their economic and political conditions meaning thereby the CRC neither have a time limit nor it have an expiry date. The obligations on countries to live up to the rights of children will not cease, but will continue to require action and attention of everyone including the Government, to take the onus of protecting and respecting rights of children not because of an international agreement but because that's just the way children are to be treated. A Special Rapporteur has also been appointed on the Sale of Children, Child Prostitution and Child Pornography by the United Nations General Assembly who analyses instances of sexual exploitation of children in various countries.

At the regional level, India actively promoted and supported the 1986 decision of South Asian Association for Regional Cooperation (SAARC) to take up the issue of children as a summit 25

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concern, and to declare first a year and then a decade for the girl child (19902000).

The UN General Assembly's Special Session on Children was held in May 2002. It attracted 69 Summit-level participants and 190 high leveled national delegations apart from delegates representing NGOs from countries all over the world. Very interestingly, it was for the first time in the history of UN meetings that more than 400 children participated as delegates. This Special Session dealt at length with the Millennium Development Goals and set forward quantitative and qualitative goals including primary education and child mortality for children to be achieved by all United Nations Member States by the year 2015.

The Committee on the Rights of the Child issued various General Comments in reference to the children which are as follows: General Comment No. 1 that deals with the Aims of Education in 2001, General Comment No. 2 on the subject of the Role of Independent Human Rights Institutions in 2002, General Comments No. 3 relating to HIV/AIDS and the Rights of the Child in 2003, General Comments No. 4 relating to Adolescent Health and Development in the Context of the CRC in 2003, General Comments No.5 relating to General Measures of Implementation of the Convention on the Rights of the Child in 2003, G e n e r a l C o m m e nt s N o . 6 p e r ta i n i n g to Tr e a t m e nt o f Unaccompanied and Separated Children outside their Country of Origin in 2005, General Comments No. 7 relating to Implementing Child Rights in Early

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Childhood in 2005, General Comments No. 8 relating to the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment in 2006, General Comments No. 9 relating to the Rights of Children with Disabilities in 2006, General Comment No. 10 relating to Children's Rights in Juvenile Justice in 2007, General Comment No. 11 relating to Indigenous Children and their Rights under the Convention in 2009, General Comment No. 12 relating to the Right of Child to Be Heard in 2009, and General Comment No. 13 relating to the Right of Child to Freedom from All Forms of Violence in 20011.

NATIONAL DEVELOPMENT: Before Independence: Ancient Period Since the ancient time, the primary responsibility of a child was on the mother, the immediate family or, at best, the joint family and secondarily on the caste relationships. Sudhir Kakar says that life begins with conception rather than at birth, five stages of childhood were identified in the Indian tradition.

These were: (i) Garbha, or the foetal period; (ii) Ksheerda (0-6 months), when the infant lives entirely on milk; (iii) Ksheerannada (6 months-2 years), the period of early childhood in which weaning takes place; (iv) Bala (2-5 years); and (v) Kumara (5-16 years). Each of these divisions of childhood was associated with major rites and rituals, which marked its transition from one 26

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period to another. Many of these childhood samskaras like namakarana (naming ceremony), mundan (tonsure ceremony) and upanayana (initiation into religion and wider community) are being performed even today with fanfare by the people of India. These samskaras, in a way, emphasised the critical period both in biological as well as social development thus paving the way for the gradual integration of the child into society. Ironically, girls and children belonging to the lower castes were largely excluded from these samskaras.

In ancient Indian law, especially in the Laws of Manu, the child though located very near the bottom of a social pyramid was bestowed with society's protection but when we compare Manu's Laws with legal texts of other ancient societies we find brutal forms of child abuse and maltreatment to be existed.

Manu's Laws show its attitude towards children as one of protective nurturance which is unexceptionable, at least within the premises of the patriarchal society which gave the Laws their birth. Also surprisingly, Manu expressed that kindness be shown to the daughter as she is 'physically more tender and her emotions are more delicate.' In early Indian civilization there were pervasive biases of that time in the upbringing of children, on account of factors like caste, kinship, age, gender and the like, rulers l i ke A s h o ka ( 2 6 8 - 3 1 B .C . ) a n d Chandragupta Vikramaditya (375-415 A.D.) tried to propound moral edicts as a counter-balance in which obedience towards parents and respect for elders was extolled. In traditional India, thus, in comparison to the West, it was early childhood rather than adulthood that was considered to be the 'golden age' in

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individual's life history. The gravest drawback of the Indian tradition was the inferior status accorded to girl children.

Medieval Period The medieval period, stretching a c ro s s t h e e l e ve nt h to a l m o st seventeenth centuries, saw an all-round impoverishment and degeneration in India with the advent of the Arabs, Turks, Afghans and the Mughals. These foreign invasions not only plundered but also completely destroyed the wealth and socio-cultural ethos of India. Due to the o v e ra l l e c o n o m i c d e te r i o ra t i o n experienced by the people, the children also faced adverse vicissitudes and further imposition of foreign culture had a profound impact at all levels resulting in families particularly of the preponderant rural population could no longer afford wholesome food and amenities for their children, emphasis on elementary education, which was quite widespread earlier, gradually withered away.

Elementary education, among the Hindus, was mostly confined to the higher castes like Brahmins, Rajputs and Vaishyas and among the Muslims, was given to those who belonged to aristocratic and rich families at home through the Maulvis and others had to go to the maktabs situated in mosques.

Girls, on the other hand, were seldom given education, their status in comparison to boys remained inferior and no remedial steps were taken in this regard.

Colonial Period In India, during the early colonial period, there was no concept of children's rights however, in the nineteenth century in different parts of 27

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the Western world there were childsaving movement, the growth of the orphanage, the development of child protection legislations, schooling and the construction of separate institutions, including the juvenile courts, for delinquent children. The reasons being for this kind of development were that in the wake of Industrial Revolution there was severe exploitation of many working-class children who were widely employed in textiles, mining, agriculture, domestic service, docks and navigation, the so-called 'advances' of industrialization and urbanization had serious consequences in the form of displacement of communities, unemployment and socio-political unrest resulted in marginalization and abandonment of many children whose 'opportunities' were restricted to petty offending as means of survival. These children were left to their fate to fend for themselves.

India being a colony of the British, the plight of her children especially those belonging to the lower strata of society was certainly gloomy. As Britain was negotiating its place within a new emerging economic, social and political world order, it was a time of great uncertainty for India and this inevitably affected her children too. Despite all this, moral panic and political reaction of that time dovetailed into the already existing reform and philanthropic efforts towards children which mobilized charity crusades and inspired voluntary effort.

But, all this took a back seat in the face of growing imperialism of that time that had taken one of its worst forms. This development spelled doom for children as they were thought of as 'Bricks for Empire Building' and like others

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continued to be exploited in different ways.

The ensuing freedom struggle aimed not merely at achieving political independence from the British rule, but also at reinvigorating the debilitated sunken society of India which under decades of slavery had lost its initiative, values and vitality. It was the endeavour of leaders like Raja Ram Mohan Ray, Ishwar Chand Vidhyasagar, Mahatma Gandhi and others to awaken the people and rouse them to overcome their backwardness, be it in the shape of illiteracy or socio-cultural practices like child marriage or neglect in the upbringing of children, etc. As a result, around 100 years of struggle for freedom saw an all-round spate of activities which may be termed as 'social action' so to come out of the prevailing weaknesses in society and to build self reliance in the people hence the care of the child came to be viewed upon as a vital element in the resurrection of the nation. Mahatma Gandhi and later Pt. Jawaharlal Nehru, in person, gave much of their time to inculcate social concern for the citizens of tomorrow i.e. the children.

In Western societies the literacy helped to change attitudes towards children resulting in a large number of dedicated visionaries, charitable and voluntary organizations moved by the harrowing tales of children, worked relentlessly to improve the overall position of children in society along with that of women. They invested their time, knowledge and resources towards better health, education, and growth of the weaker children. It was also the beginning of a spirit of independence at the group social action level. This period also witnessed the enactment of laws 28

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such as the Factories Act, 1848, the Reformatory Schools Act, 1857, the Apprentices Act 1861, the Guardian and Wards Act, 1890, the Child Marriage Restraint Act, 1929 and the Children (Pledging of labour) Act, 1933 which became important factors in the shaping and structuring of a new childhood.

After Independence: India became independent on 15 August 1947 and independence ushered in a new era for children. The historical process, and its social, economic and political priorities from mid-nineteenth to mid-twentieth century, paved the way for shaping a more coherent concept of childhood located within the family as the principal institutional influence and as the prime site for socialization. It also determined the nature of the relationship between the child, the family and the State and thus created the essential foundations of a national childhood for all children.

Correspondingly, the Constitution of India, which came into force in January 1950, contains provisions for survival, development and protection of children.

These are included both in Part III and Part IV of the Constitution pertaining to 'Fundamental Rights' and 'Directive Principles of State Policy' respectively.

The relevant Fundamental Rights are Article 14, Article 15, Article 17, Article 19, Article 21, Article 21-A, Article 23 and Article 24. The relevant Directive Principles of State Policy are Article 39 (e) and (f), Article 45, Article 46, Article 47, Article 51 and Article 51A (k).

Executive's Initiative: India being a federal system of

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government, the States have their own democratically elected governments.

T h e s u r v i va l , d eve l o p m e nt a n d protection of children fall either in the Concurrent or in the State List. However, the implementation of schemes, i n c l u d i n g t h o s e o f t h e C e nt ra l Government, is carried out by the States.

Further the 73rd and 74th constitutional amendments have recognized a third tier, below that of the State Government, viz., Panchayati Raj Institutions (PRIs), given them financial and administrative powers, and listed the subjects falling in their area of activities including children related programmes. Development programmes, including those for children, are carried out within the framework of the Five-Year Plans. Some of these programmes are wholly funded by the Central Government, some by both Central and State Governments, and some entirely by the State Government. In addition, a wide variety o f p ro g ra m m e s a re a l s o b e i n g implemented in collaboration with international organisations and nongovernmental organisations, which are now growing as a vibrant sector in the development and empowerment of children.

The First Five-Year Plan (1951-56) took a comprehensive review of resources and needs of children along with women to meet the problems that had emanated out of the Second World War and the partition of the country.

Health, nutrition and education of children were identified as special areas of concern. In order to focus attention on these areas, it was decided to forge a viable partnership with the voluntary sector. Correspondingly, in 1953, the Central Social Welfare Board (CSWB) was

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constituted with the object especially of assisting voluntary agencies in organizing welfare programmes for children, women and handicapped persons. The Board assisted 591 child welfare st organisations during the 1 Plan. Besides, in collaboration with State Governments, the Board set up State Welfare Boards throughout the country. In 1954, Welfare Extension Projects were started to reach children and women in rural areas through the creation of balwadis and mahila mandals. Special programmes were also taken up to meet the needs of delinquents, destitute, handicapped and other groups of children. For this, extensive training was provided to childcare functionaries engaged in carr ying out different kinds of programmes for children. The Government of India ratified the International Labour Organization (ILO) Convention No. 5 of 1919 on minimum age of work in industry.

The Second Five-Year Plan (195661) aimed at stabilising the child welfare system. As such, the activities of CSWB were further strengthened. In 1957, the Welfare Extension Projects were reviewed. This led to the launching of Coordinated Welfare Extension Projects in 1958. Special programmes were also undertaken for education, training and rehabilitation of handicapped children.

During the Plan period, existing health, nutrition and education services were further strengthened and expanded. In 1957, the National Bravery Award Scheme was instituted and 14 November, which also happens to be the birthday of our first Prime Minister, Pt. Jawaharlal Nehru was declared as Universal Children's Day. The Third Five-Year Plan (1961-

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66) emphasized on inter-sector coordination of services for children. An attempt was simultaneously made to coordinate health, education and welfare services. This Plan also recognised that the child was a human being with special needs. A significant achievement was the establishment of the Department of Social Security in June 1964, so as to give concerted attention to the problems and needs of children. This Department was later renamed as the Department of Social Welfare in January 1966, and was finally elevated to the status of an independent Ministry of Social Welfare in August 1979 and today it is known as Ministry of Social Justice and Empowerment. To counter poor levels of nutrition, Applied Nutrition Programme was introduced in 1963.

Later, in 1965, Food and Nutrition Board was set-up in the Department of Food.

Recognising the need to rectify the existent imbalance of educational facilities at the primary, middle and high school levels and the fact that the State was unable to fulfill its constitutional obligation of providing free and compulsory education to all children rd within a period of ten years, the 3 Plan set-up an Education Commission under the chairmanship of Dr. D.S. Kothari to find out possible solutions. The recommendations of the Kothari Commission led to the formulation of the National Education Policy in 1968 which in a way gave fillip to the efforts being made in the education sector. A Committee on Child Care was also constituted whose recommendations gave way to a comprehensive Scheme of Family and Child Welfare in 1967 thereby providing integrated services to preschool children in villages and basic 30

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training to women in craft, health education, nutrition and child care.

The Fourth Five-Year Plan (196974) focused on development of a package of basic minimum services for children. It also drew attention to the problems of neglected and destitute children and introduced a Scheme for Children in Need for Care and Protection. In 1974, the National Policy for Children was adopted.

The Policy Resolution recognised children as the nation's supremely important asset and declared that it is the responsibility of the State to nurture them. It further emphasised that it shall be the duty of the State to “provide adequate services to children, both before and after birth and through the period of growth, to ensure their full physical, mental and social development.” And that the “State shall progressively increase the scope of such services so that within a reasonable time, all children in the country enjoy optimum conditions for their balanced growth.”

To achieve these objectives, it called for the adoption of following measures comprehensive health programme; provision of nutritional services, nutrition and nutrition education to expectant and nursing mothers; free and compulsory education to all children up to the age of 14 years; provision of non-formal education, promotion of physical education and other types of recreational as well as cultural and scientific activities in schools and community centers; provision of special assistance to children belonging to the weaker sections of society; upliftment of children in distress; protection against neglect, cruelty and exploitation of children; protection against child labour; provision of special

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facilities for children ailing from various kinds of disabilities and encouragement and assistance to gifted children especially those belonging to the weaker sections of the society. In achieving the above, the Policy gave special recognition to the role of voluntary organisations.

Right to health being a basic human right, the 4th Plan accorded high priority to Mother and Child Health Programme (MCH). The Special Nutrition Programme, Balwadi Nutrition Programme and Prophylaxis Scheme against Blindness due to Vitamin A Deficiency among Children were also introduced in 1970-71. The voluntary organisations too continued to work in partnership with the Government and some on their own.

The Fifth Five-Year Plan (1974-79) saw a shift in focus from child welfare to child development wherein emphasis was laid on further integration and coordination of services, increased allocations and introduction of new schemes for children. The adoption of National Policy for Children led to the constitution of the National Children's Board in December, 1974 under the president ship of the Prime Minister for planning, reviewing and coordination of services and programmes to meet the needs of children. In 1975, the Government ratified the ILO Convention No. 123 of 1965 relating to minimum age for underground work. The Minimum Needs Programme was also launched in order to enhance the capacity of families and communities.

The scheme of Integrated Child Development Services (ICDS) was launched on 2 October 1975. Launching of the ICDS was a logical culmination of efforts pursued through the earlier four 31

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Five-Year Plans. The ICDS scheme is considered to be one of the largest outreach programmes for children in the world. It presently covers almost all the development blocks in India. The scheme adopts a multi-sectoral approach to child well-being, incorporating health, education and nutrition interventions, and is implemented through a network of anganwadi centres (AWCs) at the community level. At these centres, anganwadi workers and their helpers provide eight key services to 0-6 year old children along with expectant and nursing mothers, covering supplementary nutrition, immunisation, health check-ups and referral services, health and nutrition education to adult women, micronutrient supplementation and pre-school education for 3 to 6 year old children.

As the programme has developed over the years, it has expanded its range of interventions to include components focused on adolescent girls' nutrition, health, awareness and skills development, as well as income generation schemes for women. A National Plan of Action was prepared to observe the International Year of the Child (IYC) 1979. The main theme of the National Plan of Action was 'Reaching the Deprived Children'. Based on the model of National Plan of Action, many State Governments as well as nongovernmental organisations formulated their own plans of action with specific programmes and activities to be taken up during the year in their respective areas.

All this gave a great impetus to the ongoing programmes related to children in India. Another important achievement during the year was setting-up of the National Children's Fund to provide

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assistance to voluntary organisations.

During IYC, the National Awards for Child Welfare was instituted. In the health sector, the Government of India signed the Alma Ata Declaration of 1978 and committed itself to the goal of 'Health for All by 2000 A.D'. The Expanded Programme of Immunisation was also introduced in 1978. In the area of nutrition, various nutrition intervention programmes being implemented were strengthened and expanded including the Prophylaxis against Iron and Vitamin A Deficiency Programmes. In 1975, the Scheme of Crèches/Day Care Centres for Children of Working and Ailing Mothers was launched by the CSWB. The Sixth Five-Year Plan (198085) reiterated the approach and strategy th adopted for children during the 5 Plan and further promoted integration and strengthening of child welfare and development programmes started earlier. During the International Year of Disabled in 1981 vigorous efforts were made to implement various education, training and rehabilitation programmes for the physically handicapped children.

Preventive and development services of domiciliary nature were accorded priority over institutional care for destitute, delinquents and handicapped children. The problem of working children and their welfare simultaneously received attention of the planners for the first time during the 6th Plan and appropriate programmes were undertaken to improve the health, nutrition and educational status of working children.

In 1981, the Central Child Labour Advisory Board was set-up to review implementation of existing laws concerning child labour. In 1982, the 32

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Scheme of Early Childhood Education was introduced as a strategy to reduce dropout rate and improve the rate of retention in schools. The Development of Women and Children in Rural Areas was another scheme that was introduced in the year 1982. Another important milestone in the 6th Plan period was the formulation of the National Health Policy in the year 1983. The same year, the Government of India recognised the International Code on the Marketing of Breast Milk Substitutes that was adopted by the World Health Assembly and formulated the Indian National Code for Protection and Promotion of Breast Feeding. ICDS was used as a major nutrition intervention programme as well as a vehicle for promoting elementary education among children.

The Seventh Five-Year Plan (198590) led to spatial expansion and enrichment of child development services. In order to give focused attention and direction to child development, a separate Department of Women and Child Development was setup for the first time in the Ministry of Human Resource Development in September 1985. Its status was elevated to that of an independent Ministry of Women and Child Development in 2006 and issues concerning children that were earlier being dealt by the Ministry of Social Justice and Empowerment have now been transferred to it. The ICDS continued to be the main integrated national programme for early childhood survival and development during the 7th Plan period. To implement the provisions of the Juvenile Justice Act, 1986 a Scheme of Prevention and Control of Social Maladjustment was initiated in 1986-87.

In 1987, the National Policy on Child

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Labour was announced. National Child Labour Projects were started in areas where there was high concentration of child labour. Simultaneously, efforts were made to expand crèche services for children of working women. The main thrust in the programmes for children who were handicapped was on prevention of disabilities and development of their functional skills. In 1985, the Scheme of District Rehabilitation Centres was introduced as a Pilot Project.

Another notable milestone of the th 7 Plan was setting up of a Central Adoption Resource Agency (CARA) to deal with matters relating to adoption. In 1986-87, emphasis was Functions of CARA that grants recognition to Indian placement agencies on the re c o m m e n d a t i o n s o f t h e S ta t e Government for processing inter-country adoption. It also accords enlistment to foreign agencies that are engaged in sponsoring applications of foreign prospective adoptive parents. These agencies are licensed by the appropriate Government Department in their country of origin to mediate in country and inter-country adoptions and their applications for enlistment/renewal are forwarded and recommended by India's Diplomatic Mission. th Later, during the 8 Plan, the Government pioneered a Scheme of Assistance to Homes for Infants (Shishu Greh) to Promote In-country Adoption.

Under the MCH programme, efforts were made to reduce Infant Mortality Rate (IMR) and Maternal Mortality Rate (MMR). In the year 1985, the Universal Immunisation Programme was launched under the MCH programme to protect children from six major diseases which 33

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affected early childhood mortality and morbidity, viz., diptheria, whooping cough, tetanus, polio, measles and childhood tuberculosis. The National Diarrhoeal Disease Control Programme was made part of the MCH Programme.

In the education sector, the strategies of th the 7 Plan underwent a change in the middle of the Plan period with the adoption of a new National Policy on Education (NPE) in 1986. Taking a holistic view, the NPE visualised education as a dynamic, cumulative, life-long process, p ro v i d i n g d i ve rs i t y o f l e a r n i n g opportunities to all segments of society.

Its main purpose was to fulfill the objective of “Education for All” by providing early childhood care and education, universalising elementary education through formal and nonformal methods, reducing wastage and involving the local community in the management of early education. As a result, new schemes were implemented like the District Primary Education Programme in 1986 and the Operation Black Board in 1987. Besides, the Scheme of Non-formal Education was revised.

Few of the other important initiatives taken by the Government in selected areas especially in educationally backward States, were the Shiksha Karmi Project and Lok Jumbish Project in Rajasthan, Bihar Education Project and the Andhra Pradesh Primary Education Project. The NPE in its own way tried to provide scope for equal access to education to all, irrespective of class, caste, creed or gender. In addition, it envisaged a common educational structure like 10+2+3 and common core curriculum throughout the country. It also sought to remove disparities by catering to the needs of Scheduled

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Castes, Scheduled Tribes, handicapped and other minority groups. To look into the problems of street children, the Ministry of Social Justice and Empowerment introduced the Integrated Programme for Street Children.

The focus in the Eighth Five-Year P l a n ( 1 9 9 2 - 9 7 ) wa s o n h u m a n development through advocacy, mobilisation and community empowerment and it accorded high priority to survival and development of children. The ICDS continued to be the basic strategy for child survival and development focusing on areas inhabited by the tribal people, Scheduled Castes as well as drought-prone regions and urban slums. In fact, the scheme of ICDS was universalised covering all the Community Development Blocks and major slums in the country. As the Government of India has ratified the CRC in 1992, it provided a strong base for initiating necessary legal and other developmental measures for protecting and promoting the rights of children in consonance with the CRC. During 199394, the National Crèche Fund (NCF) was set-up to meet the growing demand for crèches. The NCF extended financial assistance for the opening of crèches besides conversion of the existing Anganwadis-cum-Crèches. Concerted efforts were simultaneously made to tackle the problem of social deviance, juvenile delinquency and juvenile crime through preventive, correctional and rehabilitative services.

On 15 August 1994, a programme to Eliminate Child Labour in Hazardous Employment by 2000 was announced.

Prior to this, the Government of India joined the International Programme on

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Elimination of Child Labour launched by ILO. Subsequently, the National Authority for Elimination of Child Labour was constituted on 26 September 1994 to lay down policies and programmes for elimination of child labour. The enforcement of Child Labour (Prohibition and Regulation) Act, 1986 was also strengthened. In pursuance of the National Policy on Child Labour, specific projects were undertaken in industries where the incidents of child labour were found to be very high. Measures were taken to cover families of child labourers under income generation schemes.

Public opinion on the evils of child labour was mobilised through investigative journalism, use of electronic media and the support of activists' groups. In the “Health for All” strategy, health for underprivileged including children was promoted consistently. The Child Survival and Safe Motherhood (CSSM) programme was launched during the year 1992-93 to strengthen MCH services. Other measures promoted were: greater access for mothers to prenatal care; training of midwives so that a larger percentage of births took place with the aid of trained attendants; and spreading of awareness in families about the special health and nutrition needs of pregnant women. th During the 8 Plan, the National A I D S C o nt r o l O r g a n i s a t i o n wa s established under the Ministry of Health and Family Welfare to strengthen the management capacity for prevention and control of HIV/AIDS. In the year 1993, the National Nutrition Policy was adopted to combat the problem of malnutrition. The Pulse Polio Immunisation Programme was also started in the year 1995. In the education

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sector, the main strategy for achieving the target of “Education for All by 2000 A.D.” was adoption of a decentralised approach to planning. In pursuance of the revised National Policy on Education, 1992 and the Programme of Action, various steps were taken to expand early childhood care and education activities, and universalise elementary education.

An NGO Cell was specifically set-up in 1994 to facilitate networking with NGOs on varied issues concerning children. In the year 1994, District Primary Education Programme (DPEP) was launched as a centrally sponsored scheme in 42 districts of seven States, with the aim of revitalizing and strengthening the existing system, tackling problem areas, developing innovative approaches with the district as a unit of planning. In adopting a holistic approach, emphasis was laid on converting existent p ro g ra m m e s a n d s e r v i c e s , a n d encouraging community participation. th The 8 Plan specifically recognised the 'Girl Child' as an important target group, demanding attention of the Government for her development and to fight against the prevailing gender discrimination. The 8th Plan marked the adoption of two National Plans of Action in 1992 one for children and the other exclusively for the girl child. These Plans of Action committed themselves to achieve the goals pronounced in the 1990 World Summit on Survival, Protection and Development of Children. In conformity with these National Plans, many States prepared their own State Plan of Action for Children/for the Girl Child. Two separate Inter-Departmental Coordination Committees reviewed the progress of the implementation of these 35

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two Plans of Action at regular intervals. A few States also embarked upon specific schemes to improve the plight of the girl child. For example, Haryana instituted the 'Apni Beti Apna Dhan' Scheme, Tamil Nadu initiated the 'Cradle Scheme', Rajasthan introduced the 'Raj Lakshmi Scheme' and Madhya Pradesh the 'Bhagyalakshmi' Scheme. Another th important milestone of the 8 Plan was that during the 1995 Beijing World Conference on Women, India was successful in convincing others to have a separate section on the girl child incorporated in the Beijing Platform for Action for the Advancement of Women.

In the Ninth Five-Year Plan (19972002), efforts were made to expedite effective implementation and achievement of the goals set in the two Plans of Action besides instituting a National Charter for Children to ensure that no child remains illiterate, hungry or lacks medical care. To ensure the 'survival, protection and development' of children, especially that of the girl child, th the 9 Plan concentrated on arresting the problem of declining sex-ratio as well as its other related problems of female foeticide and infanticide. These problems were attacked through a two-pronged strategy of both direct and indirect measures. While the direct measures included effective implementation of the existing legislation, the indirect measures were directed to change the mindset of the people in favour of the girl child, besides empowering women to exercise their reproductive rights and choices. In this endeavour, UNICEF made special efforts to launch a 10-year old cartoon character named Meena along with her pet parrot Mithu and brother Raju. The Meena Initiative uses the CRC

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and the CEDAW as tools with which to advocate for the rights of the girl child in South Asia. Meena makes a claim for the rights of all children and highlights the duties of families and obligations of States to realize those rights. Meena's questioning and reasoning seeks to enable families and communities to come up with positive solutions to deeprooted discrimination, answers that are realistic and culturally sensitive. Special efforts were made to ensure effective enforcement of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.

In order to fulfill the birth right of every child to 'development', especially of those belonging to the disadvantaged and deprived groups as well as those with special needs, the 9th Plan continued to focus on three major areas of child development, viz. health, nutrition and education. In the field of 'Health', the scope of the erstwhile programme of CSSM was further widened into a comprehensive programme of Reproductive and Child Health (RCH) that laid special emphasis on child survival and other related measures. Continued emphasis was laid on the ICDS. Under the Universal Immunisation Programme, significant achievements were made to arrest the problem of diphtheria, pertussis, neonatal tetanus, tuberculosis, poliomyelitis and measles. The special drive of Pulse Polio launched during 1995-96 was continued to eliminate the problem of poliomyelitis. All this had a definite impact in reducing the Infant Mortality Rate. The Government of India also committed to provide safe drinking water and sanitation facilities to every village to achieve the goal of 'Health for All'. In the field of 'Nutrition', children 36

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below the age of 6 years along with expectant and nursing mothers received highest priority in line with the provisions of the National Nutrition Policy, 1993 and the National Plan of Action on Nutrition, 1995. Despite the shortfalls that were recorded in terms of feeding and funding by the State Governments, the coverage under Special Nutrition Programme reached 31.5 million children in the age group of 0-6 years. Similarly, the coverage under the National Programme of Nutritional Support to Primary Education commonly known as Mid-day Meals reached 105 million school children in the age group of 6-14 years by th the end of the 9 Plan.

In the field of 'Education', in consonance with the National Policy on Education as revised in 1992 and the Programme of Action, special thrust was given to the measures of Universal Primary Education. As a result of this, the country made impressive achievements whereby the number of schools increased four-fold from 2.31 lakh in 1950-51 to 9.88 lakh in 1999-2000, while the enrolment at the primary level jumped up by about six times from 19.2 million to 113.6 million. In 2001-02, the Sarva Shiksha Abhiyan (SSA) was launched with the aim of providing quality elementary education to all children of 6-14 by 2010, besides bridging all gender and social category gaps at primary stage by 2007. Concerted efforts were made to eliminate all forms of discrimination and violations against th the rights of the girl child. The 9 Plan also provided special incentives to the mother and the girl child so that the birth of a girl child in a family was rejoiced. To this effect, in the year 1997, Balika Samriddhi Yojana (BSY) was launched

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whereby a special package consisting of Rs.500/- to the mother and annual scholarship ranging from Rs.300/- to Rs.1000/- for education of girl children from class 1 to 10 was provided to all those families living below the poverty line to ensure that all girl children went to schools. The incentive of Rs.500/- to the mother on the delivery of a girl child was limited to two girl children only. Similar initiatives were also launched by other State Governments. In 1999, the BSY was reviewed and recast to make it more effective.

In 1998, the Government with the support of UNICEF launched a special service for children called Childline. This is a free phone service that can be accessed by a child or anyone on his/her behalf simply by dialing the number 1098. There is a network of NGOs which not only responds to the needs of children but also plays a major role in crises intervention, long term care and rehabilitation. Realizing the need for an effective service delivery to children in need of care and protection, a National Initiative for Child Protection was launched through the National Institute of Social Defence and Childline India Foundation. It aimed at building partnerships with the State Departments of Social/Child Welfare, Childline Service and allied systems for protection and promotion of children's rights. In 1998, the Government of India instituted a Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children. Strong regulatory and administrative measures were taken to prevent exploitation of child labour.

Efforts were concurrently made to develop a national level 'Information Network System' for women and children 37

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with emphasis on collection of genderspecific data with the objective of preparing a Gender Development Index so as to assess the socio-economic status of women and children on a continuing basis. A scheme entitled Kishori Shakti Yojana (KSY) was introduced as an enriched version of the Scheme for Adolescent Girls that was being implemented as part of the ICDS, to improve the nutritional and health status of girls in the age group of 11-18 years as well as equip them with vocational skills so that they could be gainfully engaged.

In the Tenth Five-Year Plan (2002 2007), overall emphasis had been on a rights-based approach with regard to 'survival, development and protection' of children. Accordingly, focused attention is being given to arrest the problem of declining sex ratio including its offshoots female foeticide and female infanticide.

Special efforts are being made to ensure effective enforcement of related legislations to prevent and eradicate the problem of female foeticide and female infanticide. Emphasis is simultaneously being laid on compulsory registration of births and deaths, as visualised in the National Population Policy (NPP) 2000. To ensure 'development' of children, especially those belonging to the disadvantaged and deprived groups, focused attention is being given once again on three core sectors, viz. health, nutrition and education. All efforts are being made to improve the coverage levels in respect of the six vaccine preventable diseases. Special efforts are being made to improve the coverage levels through the Universal Immunisation Programme which is being implemented as part of the RCH programme. Attempts, in particular, are

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being made to assess the health needs of all children at PHC level so as to undertake area-specific micro planning whereby all their needs are met through high quality RCH services. Further, it is being ensured that the Child Survival Programme of RCH will entail universal screening of all pregnant women so as to identify and manage those at high risk from the point of view of bringing about reduction in the pre-natal and neo-natal mortality and morbidity.

In addition, the NPP and the revised National Health Policy, 2002 are expected to extend both policy and programmatic support with definite targets to ensure child survival. Along with the above, the two direct feeding programmes of Special Nutrition as part of the ICDS and the National Programme for Nutrition Support to Primary Education have been streamlined and strengthened. Moreover, as a follow-up of the announcement made by the Prime Minister in his Independence Day Speech of 2001, a National Nutrition Mission was set-up in 2002 with an overall responsibility of reducing/eliminating both macro and micro nutritional deficiencies in the country. The overall approach adopted for the holistic development of children through the ICDS had since continued along with the scheme for the Adolescent Girls, viz. KSY. Recognising the increasing need for support services of crèches/day care centres for the children of working/ ailing mothers, especially in the present day context where more and more women are coming out for employment both in the organised and unorganized sectors, the NCF has been further strengthened to provide a wide network of crèches all over the country.

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Ever since education became a Fundamental Right under Article 21-A, the 10th Plan adopted a new approach t o wa rd s a c h i e v i n g t h e g o a l o f Universalisation of Elementary Education (UEE). Since most of the programmes in the field of elementary education were disjointed in nature, Sarva Shiksha Abhiyan was launched in 2001-02 for providing comprehensive elementary education to all children. The SSA was seen as a major vehicle for achieving the th goals of UEE in the 10 Plan period. SSA was expected to solve the problems of low rates of enrolment and retention, besides high drop-out rates, especially amongst the girl children belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Minorities.

Through this programme, the Government aims to cover children who have never enrolled or those who have dropped-out without completing eight years of elementary schooling. In terms of pre-school education, the Early Child Care Education component of ICDS continues to be a significant input for providing a sound foundation for development as well as the first step in the education ladder. Focused attention has being given to strengthening the early joyful period of play and learning in the young child's life to ensure a harmonious transition from the family environment to the primary school. In its quest to guarantee quality basic education through-out the country, the Government of India, in the year 2004, imposed an Education Cess @ 2 per cent on direct and indirect Central Taxes. At the international level, it adopted the Dakar Framework for Action on Education for All. The Framework identifies six goals, which includes, inter

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alia, progressive expansion of Early C h i l d h o o d C a re a n d Ed u cat i o n , Universalization of Elementary Education by 2015, achieving Gender Equality in Education by 2015, and improvement in the quality of education. In 2003, the Government of India ratified the 1993 Convention for the Protection of Children and Cooperation for Inter-country Adoption (The Hague Convention).

Having accepted the Millennium Summit Declaration of 2000 and in order to achieve the targets set by the UN General Assembly, the Ministry of Women and Child Development subsequently drew up a fresh National Plan of Action for Children in the year 2005 with a hope that it would provide a roadmap for steps to be taken for bringing about improvement in the lives of Indian children. In the year 2002 the Government of India also signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime, 2000 and endorsed the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution and the SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia.

In the ongoing Eleventh Plan (2007 2012) there is a new emphasis on education, health, and other basic public facilities. It mentions that any strategy for removing disparities, bridging divides, and ensuring the well-being of our people, must begin by respecting the rights of our child population. Rights based development of children must be th at the centre of the 11 Plan. We must ensure that our children do not lose their 39

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childhood because of work, disease or despair. The ICDS is aimed at giving children below the age of 6 the right start i n l i fe . T h e p ro g ra m m e co ve rs supplementary nutrition, immunization, monitoring of weight and height, and in some cases, crèche facilities for a limited period. Its coverage, however, is limited and often the youngest children in the 03 year age group get left out of its ambit. th The 11 Plan must universalize ICDS and also find practical ways of reaching out to the children in the 0-3 age group.

Meeting the nutritional needs of children however is not enough. Child mental health is a much neglected area in th our country. The 11 Plan should recognize the importance of mental health care and should concentrate on providing counseling, medical services and establishing helplines for allespecially people affected by calamities, riots and violence. Mental health must be made an integral part of the school health programme in the 11th Plan.

Adequate budgetary provisions will be made available for this purpose. The Persons with Disability (Equality Opportunities, Protection of Rights & Full Participation) Act, 1995 which provides various entitlements to persons with disability will be effectively operationalized.

The Sarva Shiksha Abhiyaan aims at providing elementary education to all children in the 6-14 years age group.

Children from socially disadvantaged families often have learning difficulties since among other things their vocabulary at entry to primary school is limited. Special help in pre-primary schools can help them overcome this handicap. Efforts must be made to mainstream differently able and other

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disadvantaged children and to provide them access to education, just like other children their age. Enrolment, however, is only the first step. Children must also complete eight years of schooling and this continues to present a major challenge. High drop-out rates are the result of a combination of factors. A school that is far away or that does not function regularly fails to retain students.

Similarly, a teacher who is absent or engaged in non-teaching work, is intimidating or uses uninteresting methods of teaching also encourages children to drop out. Often the need for children of poorer families to work also drives them away from school. With the Employment Guarantee Scheme adding to family income, these pressures are expected to somewhat reduce. Opening of crèches for children at the work site will reduce the incidence of girls dropping out to take care of younger siblings.

The experience of many NGOs, in both rural and the urban areas, has shown that child workers can be mainstreamed into education through camps that hook them on to good education after withdrawing them from work. Well run residential schools in regions of extreme poverty keep the children from living on streets or railway platforms or joining the work force prematurely. Mid-day Meal Scheme can help increase attendance and improve the children's nutritional status. It also helps in removing caste barriers as all children sit together for their meals.

SHGs formed by mothers should be given the task of preparing mid-day meals. This will guarantee better quality food.

Wherever possible, particular attention should be paid to the scope for using the 40

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MDMS to tackle micro-nutrient deficiencies through nutrient supplementation and provision of fortified foods. The longer term goal should be that all schools in India have physical infrastructure and quality of teaching equivalent to Kendriya V i d ya l aya s . U n i v e rs a l i s a t i o n o f elementary education alone will not suffice in the knowledge economy.

Secondary education is vital because it is in this age group that the child, particularly the girl child is extremely vulnerable and is pushed into child labour, early marriage or trafficking. The 11 t h Plan must therefore aim to progressively raise the minimum level of education to high school or Class X level.

We need to expand vocational training from the present capacity of a mere 2 to 3 million to at least 15 million new entrants th to the labour force. The 11 Plan must pay special attention to devising innovative ways of modernizing the ITIs and increasing their number substantially. More importantly, industries and industrial associations will be involved in running them so that the scope and content of the training provided in these institutions is relevant to the needs of the industry and the job market. The number of skills for which training is provided also needs to be expanded to include new skills.

The most vulnerable such as street children, trafficked children and children affected by conflict or calamities, children of sex workers, child labourers, children with HIV/AIDS, victims of child sex abuse, differentlyable children, and juvenile delinquents need special attention. Adoption, rescue and rehabilitation, juvenile police units, shelter homes, counseling and medical

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aid etc. also need attention as they contribute to ensuring a secure childhood to children.

Legislative Initiative: The Parliament in India has also been playing an active role in creation and upholding the rights of children. The Government of India passed the Protection of Civil Rights Act, 1955. In 1956, the Suppression of Immoral Traffic in Women and Girls Act (SITA) was enacted in pursuance of Government of India's ratification of the United Nations Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others in the year 1950 later on in 1978 it was modified. In 1986, the Government further modified the SITA and also changed the name of the Act to Immoral Traffic (Prevention) Act to cover all persons, whether male or female, who were exploited sexually for commercial purposes. These apart, stringent punishments were prescribed for offences involving children.

Some of the other legislations enacted in the year 1956 were the Hindu Adoption and Maintenance Act, Hindu Minority and Guardianship Act, Women's and Children's Institutions (Licensing) Act a n d Yo u n g P e r s o n s ( H a r m f u l Publications) Act. The Central and State Governments also stepped in to share the responsibility of implementing the schemes and programmes for destitute and delinquents under the Children's Act, 1960. To deal effectively with the problem of neglected children and children in conflict with law, the Juvenile Justice Act, 1986 was legislated, repealing the then Children's Act of 1960.

A thorough review of the Juvenile Justice Act, 1986 was undertaken whereby the 41

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Act was repealed by the Juvenile Justice (Care and Protection of Children) Act, 2000. This Act was also modified in 2006.

In 1976, the Child Marriage Restraint Act of 1929 was amended and the Bonded Labour System (Abolition) Act was enacted. The Government also enacted the Child Labour (Prohibition and Regulation) Act, 1986 and enforcement of this Act was also strengthened in 1994. In the same year, with a view to regulate and prevent the misuse of modern pre-natal diagnostic techniques, particularly abortion of female foetuses, Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 was introduced.

Prior to this, the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation and Production, Supply and Distribution), Act was formulated in 1992. This came into force on 1 August 1993.

Another very important Act enacted by the Government of India was the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 that came into force in February 1996. This law is an important landmark and is a significant step in the direction of ensuring equal opportunities for people with disabilities and their full participation in the nationbuilding. A review of major existing childspecific and child related legislations was also undertaken to plug the loopholes in their implementation, viz. the Child Marriage Restraint Act, 1929; the Immoral Traffic (Prevention) Act, 1956; the Child Labour (Prohibition and Regulation) Act, 1986; and the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. Special efforts are being made to ensure

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effective enforcement of related legislations to prevent and eradicate the problem of female foeticide and female infanticide. In this context, in the year 2 0 0 3 , t h e P r e - n a ta l D i a g n o st i c Techniques (Regulation and Prevention of Misuse) Act, 1994 was amended. The amended Act is now called the PreConception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act. With regard to education, the Constitution (86th Amendment) Act was notified in December 2002, making free and compulsory education a Fundamental Right for all children in the age group of 6-14 years. The fact that Article 21A was added to the Constitution for recognising right to primary education implies that right to personal liberty guaranteed by Article 21 is also the basis for a general right to education.

Correspondingly, Article 45 of the Constitution has been substituted so as to provide for early childhood care and education for all children till they complete the age of 6 years. Article 51A was further modified by adding a clause (k) stating that it is the duty of the parents/ guardians to provide opportunities for education to their children/ward between the age of six and fourteen years.

A very prominent legislation passed in the interest of children was the Goa Children's Act, 2003. The Act ensures protection for children and the young against exploitation of all kinds and against moral and material abandonment. The year 2006 has been especially significant as the Commissions for Protection of Child Rights Act, 2005 was passed by the Parliament by virtue of which a National Commission and State 42

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Commissions were constituted for protection of child rights and also Children's Court is established for providing speedy trial of offences against children or of violation of child rights.

This is a big achievement not only for the children of the country but also for the Government for it was able to fulfill its commitment made to the CRC Committee for setting-up a Child Rights Commission. Another important legislation of this period was The Prohibition of Child Marriage Act, 2006 with the aim of stopping the child marriages altogether.

Another very important legislation was passed as far as education is concerned, viz., Right of Children to Free and Compulsory Education Act, 2009 to provide free and compulsory education to all children of the age of six to fourteen years. And finally a highly deserved law has been passed in view of th the CRC by the Rajya Sabha on 10 May, nd 2012 and by the Lok Sabha on 22 May, 2012, received the President's assent on 19th June, 2012 and was notified in the th Gazette of India on 20 June, 2012 viz., The Protection of Children from Sexual Offences Act, 2012.The Act has been drafted to strengthen the legal provisions for the protection of children from sexual abuses and exploitations. For the first time, a special law has been passed to address the issue of sexual offences against children. Sexual offences are currently covered under different sections of the Indian Penal Code, 1860 which does not provide for all type of sexual offences against children and, more importantly, does not distinguish between adult and child victims. The Act defines a child as any person below the age of 18 years and provides protection

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to all children under this age from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of offence.

Judicial Initiative: From the Seventh Five-Year Plan onwards, the judiciary and the Supreme Court too have played an active role in upholding the rights of the child. The Supreme Court of India has developed the concept of jurisdiction under which any individual can approach the Court with regard to the violation of a fundamental right. The Supreme Court has also modified traditional concepts by a l l o w i n g g ro u p s o f p e rs o n s o r organizations to intervene in cases relating to violations of fundamental rights even though they may not have been affected personally in the matter.

This concept of 'social action litigation' in India represents an effort to use the legal system to ensure action to realize constitutionally guaranteed rights. Some of the most important examples of social action litigation for children are the following cases, each of which has been a landmark in the process of ensuring children's rights: a) Laxmikant Pandey v. Union of India [AIR 1984 SC 469, AIR 1986 SC 276, AIR 1987 SC 232] on Adoption of Children. b) Shiela Barse v. Union of India [AIR 1986 SC 1883, AIR 1988 SC 2211] on Trafficking of Children. (c) M.C. Mehta v. State of Tamil Nadu [JT 1990 SC 263] on Problem of Child Labour. (d) Vishal Jeet v. Union of India [(1990) 3 43

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S C C 3 1 8 ] o n P ro b l e m o f C h i l d Prostitution. (e) Unni Krishnan v. State of Andhra Pradesh [(1993) 1 SCC 645] on Education of Children. (f) Gaurav Jain v. Union of India [(1997) 8 SCC 114] on Problems of Prostitution and Children forced into Prostitution. (g) Gita Hariharan v. Reserve Bank of India [(1999) 2 SCC 228] on Guardianship. (h) Centre for Enquiry into Health and Allied Themes (CEHAT) & Others v. Union of India & Others [AIR 2000 SC 301] on health. (i) State of Maharashtra v. Dr. Praful Desai [AIR 2003 SC 2053] on Recording of evidence of victims of trafficking. (j) Jai Prakash Khadria v. Shyam Sunder Agarwalla [AIR 2000 SC 2172]; Ranubala Moharana & Anr. v. Mina Mohanty & Ors [JT 2004 (5) SC 377] on Custody of Minor. (k) Sakshi v. Union of India & Ors [AIR 2004 SC 3566] on Trial of Child Victim of Rape. (l) Ashoka Kumar Thakur v. Union of India & Ors, [2008 (4) SCR 1; (2008) 6 SCC 1] on Reservstion of OBCs in educational institution to implement right to education. (m) Bachpan Bachao Andolan v. Union of India & Ors, [(2011) 5 SCC 1] on Abuse of human rights of children in circuses and their rehabilitation. (n) State of Tamil Nadu and Oths. v. K. Shyam Sunder and Oths., [(2011) 8 SCC 737] on Applicability of the Right of Children to Free and Compulsory Education Act, 2009. (p) Society for Un-aided Private Schools of Rajasthan v. Union of India & Anr., [Writ Petition (C) No. 95 of 2010] on Applicability of the Right of Children to Free and Compulsory Education Act, 2009 to the un-aided non-minority

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schools.

Initiative of National Human Rights Commission: The 'rights of children', is one area on which the National Human Rights Commission (NHRC) has tried to focus continuously ever since it was constituted in October 1993. It observed from the very beginning that despite there being major provisions in the Constitution of India for survival, development and protection of children as well as laws to safeguard their interests including the fact that the Government of India had ratified the CRC, children all over the country, especially those belonging to weaker sections of the society, were found to be vulnerable and their dignity and human rights were often trampled.

It concentrated its attention on preventing and eradicating the problems of child labour, especially those employed in hazardous industries like the glass work industry in the district of Ferozabad, Uttar Pradesh, carpet making industries of Uttar Pradesh, the beedi, match-sticks and fireworks industries in Tamil Nadu and the slate-pencil making industry in Madhya Pradesh by laying emphasis on the provision of free and compulsory education for children up to the age of 14 years. It is also concerned with children as domestic help, child marriage, child trafficking and prostitution by designating a Member of the Commission as a Focal Point on Human Rights of Women including Trafficking, in 2001, under whose guidance an Action Research on Trafficking in Women and Children in India was conducted along with the UNIFEM having main objective to find 44

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out the trends and dimensions of trafficking, role of different law enforcement agencies in preventing and combating trafficking, process of rescue/recovery, rehabilitation and reintegration and the role of other national institutions and the civil society in preventing and combating trafficking also an Integrated Plan of Action to Prevent and Combat Human Trafficking with Special Focus on Children and Women continuously sensitizing the judicial officers, police officers, administrative officers, functionaries of Homes, NGO representatives and the civil society at large. It also takes care of child sexual violence by issuing a Guidebook for the Media on Sexual Violence Against Children having the main objective to encourage media professionals to address the issue of sexual violence against children in a consistent, sensitive and effective manner, consonant with the rights and best interest of children, of female foeticide and infanticide, of child rape by asking for speedy disposal of such cases, of HIV/AIDS in children and the problem of juveniles.

Others' Initiative: In accomplishing the milestones, both at the national and international level, the non-governmental and civil society organizations have played an equally important role along with the Government in virtually every aspect concerning children. The media too has played a critical role in shaping public opinion and creating mass awareness.

The Government of India and UNICEF collaborative initiatives over the years have focused on enhancing the capacities of the electronic and print

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media personnel in the Ministry of Information and Broadcasting so as to i nte g rate a n d re p re s e nt i s s u e s concerning children and their rights effectively. As a result the media is gradually focusing on children's issues in a qualitative way. This is certainly a positive sign for the future and it is hoped that the media will increase its responsibility to include monitoring of child rights violations in a significant and persistent manner. India has come a long way from 1947 to 2012 in achieving the milestones at the national and international level. All these efforts bear testimony to the overall concern of the Government and other stakeholders in reaching out to its children which are considered to be the supreme wealth of the nation.

CRITICAL AREAS OF CONCERN IN INDIA Independence facilitated the overall process of acquiring equality, dignity and protection for the children of t h e c o u n t r y. O t h e r t h a n t h e constitutional provisions, India adopted a National Policy for Children in 1974, declaring children to be nation's most precious asset. Hence, from the Fourth Five-Year Plan onwards, perhaps a little earlier than that, children have certainly found mention in national development plans, but insufficient attention in terms of investment. In the wake of the 1990 World Summit for Children, the Government of India adopted a National Plan of Action for Children in 1992, with goals for the decade. In the year 1992 itself, it also ratified the CRC and thereafter in its Periodic Country Reports submitted to the UN Committee on the Rights of the Child has dwelled at length about the measures taken for ensuring 45

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children's rights. These Reports and the India Report on the World Summit for Children undoubtedly record some positive changes in the condition of children in India. But, there are significant problems and performance gaps too. There are certain critical areas which call for immediate attention of all concerned.

These are Vulnerability of Child Population in general, Adverse Child Sex Ratio, Impact of Poverty on Children like it exercises an adverse influence on the health and nutrition status of children, Need for a Uniform Definition of the Child means there are laws in which the age of the child is not in consonance with the CRC, besides, the age of the child has been defined differently in different laws for example below 14 Years of Age in The Child Labour (Prohibition and Regulation) Act, 1986 and in The Minimum Wages Act, 1948, below 15 Years of Age in The Children (Pledging of Labour) Act, 1933, below 16 Years of Age in The Immoral Traffic (Prevention) Act, 1956, below 18 Years of Age in The Juvenile Justice (Care and Protection of Children) Act, 2000, in The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960, in The Protection of Women from Domestic Violence Act, 2005, in The Hindu Adoptions and Maintenance Act, 1956 and in The Hindu Minority and Guardianship Act, 1956 and below 21 Years of Age in The Prohibition of Child Marriage Act, 2006 if it is a male but for female it is below 18 years of age. These different age-specifics under different laws not only create a dilemma, but also set the stage for injustice. This is because, whether the same human being is or is not a child depends upon the law that is being invoked in a given case. Moreover,

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when the laws are in conflict with one another due to diverse definitions, it is but natural a difficult task to decide the 'best interests of the child'. It is thus necessary that the definition of the term 'child' be brought in conformity with the CRC, viz. “below 18 years of age”, by establishing one standard 'age of majority'.

Another area of concern is Child Marriage. The Parliament has enacted The Prohibition of Child Marriage Act, 2006 to prohibit the solemnization of child marriage. There are many welcome changes in the Act but there are certain important criticisms that have been leveled against the said Act. It does not invalidate a marriage even before a certain age but only made it voidable at the option of the contracting parties to the marriage and not void ab initio barring few circumstances, meaning thereby it provides for a concept like option of puberty of Muslim Law with a difference that here the relevant age to rectify or repudiate the child marriage is the age of majority. There is no provision in this law to stop a child bride from living with her husband and from being sexually abused apart from other forms of abuse. The Act, in fact lays the foundation for such an abuse by not invalidating any child marriage. The adverse health consequences and the violence faced by the child bride below a certain age are factors which outweigh certain social considerations in not invalidating the marriage. It stipulates different minimum age for a girl and a boy to get married. Though a boy can opt out of the marriage till the age of 23 years, a girl can only do so till the age of 20 years (2 years after reaching the age of majority). It is discriminatory, biased and 46

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based on patriarchal notions of marriage.

The following are the relevant recommendations: i) That child marriage below a certain age, i.e. 18 years of age be made void. ii) All marriages between 18 and 21 should be made voidable at the option of either party. iii) The age of marriage for both boys and girls should be same as there is no scientific reason why this should be different.

The Child Labour is the other problematic area. The Child Labour (Prohibition and Regulation) Act was enacted in 1986, to specifically address the situation of child labour. However, this law is inadequate both in its understanding and the framework that it provides for dealing with the problem of child labour. By distinguishing between hazardous and nonhazardous forms of labour, and identifying certain processes and occupations from which children are prohibited from working, it leaves out a large range of activities that children are engaged in and thus continue to be exploited and abused. The large-scale exploitation and abuse of children employed in domestic work and in dhabas, restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres are cases in point. Bonded child labour and other extremely exploitative forms of child labour including slavery, prostitution, drug trafficking, etc. are other grey areas which require priority attention.

Further it is very unfortunate that when some violation of a law relating to child occurs the punishments are insufficient. Other areas of concern may be the poor health and nutrition status of

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pregnant woman is a major contributory factor to infant mortality. The health care services in the country are to be blamed for not functioning satisfactorily. The poor delivery system which includes inadequate supplies, poor equipment, poor services, and malpractices has been mainly responsible for it. The CSSM programme has not made a visible impact on reduction in infant mortality either. The RCH programme seeks to ensure child survival, safe motherhood, and reproductive health care through up gradation of services at different levels.

Its impact depends upon the extent to which the health care infrastructure would bring about an improved performance.

The other highly problematic area of concern is that in our country today, there are a large number of children who are living in especially difficult circumstances and require a t t e n t i o n o f a l l s t a ke h o l d e r s .

Unfortunately, not much is known either of the nature of the problems faced by these children or of the numbers involved. It was only as an aftermath of the 1990 World Summit for Children and the World Declaration on the Survival, Protection and Development of Children to which India is a signatory, the Government of India through its National Plan of Action, for the first time, and also in the Eleventh Plan not only made a direct reference about this group of children but simultaneously devoted an exclusive section on them. This apart, for the first time again, the section tried to spell out and bring together at one place all the different categories of children in especially difficult circumstances, such as the physically handicapped, mentally handicapped, those affected by drugs, 47

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victims of natural and manmade disasters, refugee children, street children, slum and migrant children, orphans, destitute and beggars, children suffering from HIV/AIDS, children of parents with HIV/AIDS and HIV/AIDS orphans, trafficked children, children of prostitutes and children forced into prostitution, children in conflict with law and children whose labour is being exploited, so that improved protection could be provided to them and the root cause which has lead them to such situations could be deciphered.

There are other categories of vulnerable children too, like children affected by terrorism, insurgency and riots which could be added to this long list. Girl children, children who have been victims of sexual abuse are another category that needs attention. The number of such categories of children is increasing day by day, but because of their dispersed character, they have escaped the attention of policy makers.

Response to their needs has been ad-hoc and largely in the form of relief. It is important that such categories of children are identified, their problems studied and programmes developed whereby these children could be rescued and rehabilitated. We also need to bring about improvement in the standards of service in most State run institutions and those run by voluntary organizations.

The best way to reach these children would be through non-institutional forms of care. Legal measures to protect these children are also necessitated.

Conclusion India is a home to millions of children who are below the age of 18 years. While dealing with the complex

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dimensions of child rights, both in terms of numbers and in quality, we do feel satisfied about our country's progress in several fronts such as immunization and enhancement of literacy rates in recent years. At the same time, we are aware and deeply concerned about certain other critical indicators such as infant mortality, malnutrition and regional disparities. Our efforts should therefore be directed towards overcoming obstacles in these areas. Children in India represent diverse cultures, religions, castes, communities and economic groups. The development of this human resource should be considered as a key national concern not only by the Government but also by all stakeholders.

It is the prime responsibility of all concerned to ensure that proper foundation is laid in the early stages of children's life, so that their potential is properly harnessed for the growth and development of the nation. The Government, of course, is committed to do its best. However, despite its best efforts, there are children who suffer f r o m h u n g e r, d i s e a s e s a n d discriminations of varied kinds. Not only this, they are subjected to exploitation and atrocities of all kinds. The Government wants to achieve the goal of education for all but the way in which it is implementing; it will be difficult to have it fulfilled because the Government is emphasizing on the enrolment of children in the schools or institutes but without providing any infrastructural facilities etc. to them that are essential for achieving the desired goal. The Government did not implement completely the recommendations of Dr. D.S. Kothari Education Commission rd which was set-up in 3 Plan period. It is 48

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advisable and rewarding that the report of Kothari Commission should be revisited and the recommendations which are relevant even today must be incorporated in the policies regarding education.

The Government of India's 2005 National Plan of Action for Children has identified 12 key areas keeping in mind priorities that require utmost and sustained attention in terms of outreach, interventions and resource allocation. It includes Reducing Infant Mortality Rate, Reducing Maternal Mortality Rate, Reducing malnutrition among children, Achieving 100% civil registration of births, Universalization of early childhood care and development and quality education for all children, Complete abolition of female foeticide, female infanticide and child marriage as w e l l a s e n s u r i n g t h e s u r v i va l , development and protection of the girl child, Improving water and sanitation coverage both in rural and urban areas, Addressing and upholding the rights of

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children in difficult circumstances, Securing for all children all legal and social protection from all kinds of abuse, exploitation and neglect, Complete abolition of child labour with the aim of progressively eliminating all forms of economic exploitation of children, Monitoring, review and reform of policies, programmes and laws to ensure protection of children's interests and rights, Ensuring child participation and choice in matters and decisions affecting their lives.

We hope that the Government will achieve all its objectives in reference to children in India in consonance with the International treaties and obligations. It is also expected that all the three organs of the State with other functionaries in the country shall function in consultation with each other to get the objectives fulfilled. It is prayed that one day India will become a country where all children, without any discrimination, shall blossom like flowers.

REFERENCES The Constitution of India The Apprentices Act, 1861 The Bonded Labour System (Abolition) Act, 1976 The Children's Act, 1960 The Children (Pledging of Labour) Act, 1933 The Child Labour (Prohibition and Regulation) Act, 1986 The Child Marriage Restraint Act of 1929 The Commissions for Protection of Child Rights Act, 2005 The Factories Act, 1848 The Goa Children's Act, 2003 The Guardian and Wards Act, 1890, The Hindu Adoption and Maintenance

Act, 1956 The Hindu Minority and Guardianship Act, 1956 The Immoral Traffic (Prevention) Act, 1956 The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation and Production, Supply and Distribution) Act, 1992 The Juvenile Justice Act, 1986 The Juvenile Justice (Care and Protection of Children) Act, 2000 The Minimum Wages Act, 1948 The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 49

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The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 The Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act. 2003 The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 The Prohibition of Child Marriage Act, 2006 The Protection of Children from Sexual Offences Act, 2012 The Protection of Civil Rights Act, 1955 The Protection of Women from Domestic Violence Act, 2005 The Reformatory Schools Act, 1857 The Right of Children to Free and Compulsory Education Act, 2009 The Suppression of Immoral Traffic in Women and Girls Act (SITA), 1956 The Women's and Children's Institutions (Licensing) Act, 1956 T h e Yo u n g P e r s o n s ( H a r m f u l Publications) Act, 1956 The Declaration of the Rights of the Child, 1924 The Declaration of the Rights of the Child, 1959 The Convention on the Rights of the Child, 1989 World Summit for Children, 1990 Books The World Conference on Human Rights, 1993 (The Vienna Declaration and Programme of Action) Ministry of Health and Family Welfare, 2000, Annual Report, 1999-2000, Government of India: New Delhi National Human Rights Commission's Annual Reports 1993-94 to 2004-05.

Department of Women and Child Development, MHRD, GoI Annual

Sharma, A.

Reports from 1986-87 to 2004-05.

Department of Women and Child Development, Government of India.

1992. National Plan of Action Commitment to the Child, New Delhi : DWCD, MHRD, GOI. National Plan of Action for Children 2005, New Delhi, DWCD, MHRD, GOI. Bhakhry, Dr. Savita, Children in India and their Rights, 2006, National Human Rights Commission, Rajika Press Services Pvt. Ltd. Bose, A.B., The State of Children in India, 2003, Manohar Publishers, New Delhi.

Kakar, Sudhir, The Inner World A PsychoAnalytic Study of Childhood and Society in India, 1982, Oxford University Press, Delhi.

Cases Laxmikant Pandey v. Union of India, AIR 1984 SC 469 Shiela Barse v. Union of India, AIR 1986 SC 1883 M.C. Mehta v. State of Tamil Nadu,JT 1990 SC 263 Vishal Jeet v. Union of India, (1990) 3 SCC 318 Unni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 645 Gaurav Jain v. Union of India, (1997) 8 SCC 114 Gita Hariharan v. Reserve Bank of India, (1999) 2 SCC 228 Centre for Enquiry into Health and Allied Themes (CEHAT) & Others v. Union of India & Others, AIR 2000 SC 301 Jai Prakash Khadria v. Shyam Sunder Agarwalla, AIR 2000 SC 2172 State of Maharashtra v. Dr. Praful Desai, AIR 2003 SC 2053 Ranubala Moharana & Anr v. Mina Mohanty & Ors, JT 2004 (5) SC 377 Sakshi v. Union of India & Ors, AIR 2004 SC 50

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3566 Ashoka Kumar Thakur v. Union of India & Ors, 2008 (4) SCR 1; (2008) 6 SCC 1 Bachpan Bachao Andolan v. Union of India & Ors, (2011) 5 SCC 1 State of Tamil Nadu and Ors v. K. Shyam Sunder and Ors, (2011) 8 SCC 737 Society for Un-aided Private Schools of Rajasthan v. Union of India & Anr, Writ Petition (C) No. 95 of 2010.

Websites www.nhrc.nic.in (National Human Rights Commission) www.wcd.nic.in ( M i n i st r y o f Wo m e n a n d C h i l d

Sharma, A.

Development) www.socialjustice.nic.in (Ministry of Social Justice and Empowerment) www.mohfw.nic.in (Ministry of Health and Family Welfare) www.education.nic.in (Department of School Education & Literacy and Department of Higher Education) www.labour.nic.in (Ministry of Labour) www.lawmin.nic.in (Ministry of Law & Justice) Www.planningcommission.gov.in

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 3, Issue 1 (2012), pp 52-55 RN: 3-W/12/NS/3-1 Corresponding Author: Neeraj Shukla email: shalinisingh.8619@gmail.com

Indian women entrepreneurs: Challenges and prospects in the era of globalisation

by Neeraj Shukla, Shantanu Srivastava

Department of Commerce, Kalicharan PG College, University of Lucknow, INDIA

Keywords: Human Resource Development, Organization, HR Function, Decentralization.

E

ntrepreneurship practices have gained significance mainly in the context of economic g ro w t h i n a ra p i d l y changing environment both in developing c o u n t r i e s . A n entrepreneurship is a predecessor of all economic activities and occupies a crucial role in important sectors of economic growth. An entrepreneur is the sole entity in charge of deciding what products or services, to produce, where to

produce and how to produce. They gains from successful decision while on the hand they also bears the risk of failure, Thus an entrepreneur occupies a key position in every business.

Issue of women empowerment has gained impetus since the U.N. decade of women in 197585. The Eighth Five Year Plan (1992-97) which was launched in 1992 marked a shift from development to empowerment for women.

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The main objective was women must be enabled to function as equal partners and participants in the development of women. With strong support of several policies, strategies, initiatives, schemes and programmes, the women entrepreneurship practices have grown perceptibly in all faces. In the present era women are no more a weaker section as their participation has increased diversely in every field. Empowerment would enable women to perform certain social roles. Policy makers and eminent personalities are strongly of the opinion that women empowerment in the society is an essential factor for economic sovereignty of the society and it could be only through women entrepreneurship.

A c c o r d i n g t o S c h u m p e t e r, “ a n entrepreneur is an innovating is an individual who introduces something new into the economy.”

Concept of Women Entrepreneurship: Women entrepreneur may be defined as a women or a group of women who initiate, organize and operate a business enterprise. Thus any women or group of women which innovates or take up an economic activity may be called Women entrepreneurship.

The Government of India has defined women entrepreneur as “an enterprise owned and controlled by a women having minimum financial interest of 51% of the capitol and gaining at least 51%of the employment generated in the enterprise to women.”

Shukla N, Srivastava S,

Status of women entrepreneurship in India: The facts and figures relating to women entrepreneurs are very little in our country. The number of women entrepreneurs in India is very less as compared to other countries. In India women in the economically active age group 15-59 years constitute about 58.4% of the total women population.

These women need to take part energetically in all functional areas including entrepreneurship. Many of them have shown excellent results in education office and industry which prove their capacity to undertake business activities efficiently. The presence of illiteracy and prevailing social condition has contributed much for the depressing state of affair among the women and now Slowly the situation is improving. Still a number of women are illiterate, low paid impoverished, disadvantaged and underprivileged. The situation is however improved in urban areas where women are well educated and they are working as professionals, managers and executives .But the astonishing feature is that, there is no methodical data determining the number of women entrepreneurs in India.

The Industrial Policy of 1999 had highlighted the necessity to provide special training programmes to develop women entrepreneurs. This would help to raise their economic and social conditions and efforts are taken On their overall personality development The National Commission for women was

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constituted as an autonomous statutory body on 31st January, 1992 to protect and promote the interest and safeguard the right of women. The Government has the responsibility to improve the status of women so that they can participate in industrial as entrepreneurs. The fact is that now women are steadily prepared to accept challenges of globalization and assume responsibilities in various spheres economice social political and predominantly in entrepreneurial stance.

Problems faced by Women entrepreneurs: Women entrepreneurs have to come across many problems in their effort to develop their enterprise. In India only few women entrepreneurs big enterprises.

They are mostly limited to small- scale industries. They encounter lot of difficulties in the establishment and manias of business enterprise. Main problems relate to :1. Scarcity of finance: - Lack of finance is the primary problem every entrepreneur and in the case of women entrepreneur it is too much. Women and small entrepreneurs always go through inadequate financial resources and working capital. They also experience the problem of obtaining working capital for financing day-to-day activities of their business. Thus, most of the women entrepreneurs fail due to shortage of finance.

2. Inefficient arrangements for marketing and sale: - Inefficient arrangement for marketing and sale is yet

Shukla N, Srivastava S,

another problem to be encountered by women entrepreneurs. Therefore, sometimes they are at the clemency of middlemen who share large portion of profits. Further, women entrepreneurs find it difficult to capture the market and make their products popular.

3. Family participation: - In societies where child bearing starts soon after marrage women's opportunities to pursue careers or additional schooling or to develop contacts beyond the family are limited. Her involvement in family leaves little time and energy for business. Their success in this regard also depends upon the support of their husband and family.

4. Lack of education: - Due to lack of education, a number of women are unaware of technical developments, marketing knowledge and other skills.

Worldwide, more men are literate than women. Girls are more likely than boys to discontinue their schooling for a number of reasons. They are discouraged to learn more than the male members of the family.

5. Lack of information: - Indian women are victim of the lack of information. It makes very difficult for women e nt re p re n e u r to s e l e c t m a r ket , technology, location, etc. The problem is much more in the case of women residing in rural areas. Due to lack of information they have to face problems relating to labour,finance and market.

Conclusion Women entrepreneurs heading for core areas of operation command due

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respect from the society, and they are recognized as a strength. Gender based impediments have almost moved out and women entrepreneurs are undertaking hindrances over the year just like male entrepreneurs information technology has now become powerful tool for generating and enhancing the entrepreneurship , skills among women. Intelligent, education motivated and ambitious women endowed with extra abilities have proved that they are no way inferior to anybody. A women entrepreneur not only brings prosperity

Shukla N, Srivastava S,

to family but also assures economic sovereignty of women in the . society. The joint efforts of both men and women entrepreneurs can change developing India into a fully developed country .The opportunities for women entrepreneurs will increase diversely with the changes in technological, cultural social and economic environment.

In the words of Dr.Vasant Desai -The stage is set for social take-off for Women from a low development path to an accelerated pace in achieving higher level of self- sustaining economic growth."

REFERENCES C. B. Gupta and N P. Srinivasan, Entrepreneurship Development in India, sultan Chand and Sons, New Delhi, 2002.

Jayshree Suresh, Entrepreneurship Development, Margham Chennai, 2002.

Vasant Desai, Dynamics of Entepreneurial D e ve l o p m e n t a n d M a n a g e m e n t Principles, Projects,Policies and Programmes,Himalaya Publishing House Bombay1992.

January, 2003. 5. Khanka, S. S. (2004), Entrepreneurial development, S. Chand and Company Limited New Delhi6.

Srivastava. Gauri (2003). "Women Studies in India", University News, Vol. 41, No. 30, July 28 August 3. 7. Singh, K. P. (1993), 'Women Entrepreneurs : Their Profile and Motivaton.-, Journal of Entrepreneurship, Vol. 2-1, pp. 47-58. 8.

S. Mohan and R. Elangovan, Current Trends in Entrepreneurship. Deep and Deep Publications Private Limited, 2006.

Chattopadhyay, Arundhati (2005) "Women and Entrepreneurship, Yojana, Vol. 49,

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