Social Help Group for Care and Protection of Every Child in India
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“A Child Cannot Wait”, it is important to build an enabling system and safe environment for children within the society in order to protect their “Inner soul” which directly impact Personhood and Childhood of a Child.
In present infrastructure it is the prime responsibility of the parents to provide food, shelter, education and fulfil basic need of their child(ren), parents are also considered as prime caregiver of the children, and at the same time society do not see their role in upbringing of the children near them;
That present application presented, to strengthen the existing system and to act as supporting agency of different “Right Protecting Agencies” and as a “social safety net”, with an objective to involve such group where “it is required to save children from perpetrators and rights-violators” and also to help society and families coming out from their orthodox views. It is well recognized the importance of spreading awareness in society of the policies, frameworks, authority, facilities and others provided by the state, but due to lack of “Social Structure” this is had to accomplish.
The application is presented, considering law alone cannot protect them but there should be system below them to help implementing such law and made available to their citizens, it is like “verb” needed to complete a sentence.
That the childhood and Personhood in the changing society should be protected with the help of Society or any “Social Help Group” within the locality, in order to achieve a child could be able to contribute in society without of fear or any distress; to ensure the fulfilment of basic needs; to ensure availability in emergency; to ensure neglect be minimized to an extent; to ensure child labour stopped in society; to ensure proactive measure to be established for the children and overall development of child should be protected in the changing society.
Facts that leading to Grave Hurt or Challenging the Life of Children
- That following Numbers of Incidents/crime with children recoded by NCRB including State and Union territories, which is online available on the online portal of NCRB
- Per NCRB 21023 children were killed/murdered during year 2001 to 2015
- Per NCRB 93862 numbers incidents of rape cases reported between year 2001 to 2015
- Per NCRB 194660 numbers incidents of kidnaping/Abduction cases reported between year 2001 to 2015
That there are some incidents which were highlighted by media:
- That there are several incidents which come up, regarding the sexual harassment within the orphan girl centres in Bihar, UP and other states.
- Recently 3 siblings who died in Delhi due to hunger (not sure of current stage of investigation).
- A child was ordered to left the village due to she broken the egg, and due to the custom of village she has to face all challenges in such an early age.
- Many Children died in hospital in UP
Children are no more the property of their parents, but they hold their own rights and the person of their own. In the matter of children, neither neighbour nor society bother to intervene in situations like
a. If abusive parent
b. If parents not sending them to school
c. If children are hungry
d. Both parents working
That there is not the beginning not the end of such situations and there are situations which cannot even listed.
National & International, Policies, framework and Others
1. The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005. Ensuring all laws, policies, programs and administrative mechanisms in consonance with the Child Rights perspective, became the Commission’s responsibility.
2. In a Right Based Approach (considering constitution article 15(3)), State considered as a Super Guardian or ultimate guardian of children and parents a caregiver. The constitution of India guarantees secure childhood and their rights to all the children which also includes Article 24 “Right to be protected from any hazardous employment till the age of 14 years” Article 21(A) “Right to free and compulsory elementary education for all children between the age group 6-14 years”. Article 39(e) “Right to be protected from being abused and forced by economic necessity to enter occupation unsuited to their age or strength”. Article 39(f) “Right to equal opportunities and facilities to develop in a healthy manner and in condition of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment”.
3. National policy for children taken in 2013 (in short NPC 2013), to affirm the Government’s commitment to the rights based approach in addressing the continuing and emerging challenges in the situation of children, the Government of India hereby adopts this Resolution on the National Policy for Children, 2013. In the Preamble it is reaffirmed that “families are to be supported by a strong social safety net in caring for and nurturing their children;”
4. That India a signatory of United Nations Convention on the Rights of the Child (UNCRC in short) which provides Article 2(1). “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.” Article 2(2). States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.” Article 27.3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
5. That Article 4 of the Convention on the Rights of the Child (CRC) concerns the nature of States Parties’ obligations. It consists of three important elements. Firstly, it addresses the obligation of States Parties to take ‘all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the UNCRC.’ Secondly, the Convention makes a distinction in terms of the measures to be taken in relation to economic, social, and cultural rights, providing that States Parties ‘shall undertake such measures to the maximum extent of their available resources’. Thirdly, and connected to that, Article 4 states that where needed, the progressive nature of the implementation of economic, social and cultural rights should be undertaken within the framework of international co-operation.
6. The International Covenant on Economic, Social and Cultural Rights of 1966 (ICESCR) recognises children in several of its Articles. Thus, Article 10 mandates ‘special measures of protection and assistance’ and protection from ‘economic and social exploitation’. There is a concern to reduce the still birth rate and infant mortality and ‘the healthy development of the child’ is stressed. There is an emphasis on education ‘directed to the full development of the human personality and the sense of its dignity’. States Parties recognized that primary education was to be compulsory and free; secondary education ‘generally available’; and higher education ‘equally accessible to all’.
That there is no such infrastructure working or active in order to monitor individual growth of every child and to ensure their rights; neither the current infrastructure is capable to make reach to every child.
In light of the aforesaid facts, the following issues have arisen whether it is a violation of Article 15(3) of the Indian Constitution and various policies by state, for delay in providing the proactive measures towards the life of every child?
My humble request to The Hon’ble Prime Minister, The Ministry of Home Affairs, The Hon’ble Chief Justice of India, The Ministry of Women and Child Development India, to look into this matter and help children to get the proactive and social help by formation of “Social Help Group” within the society as a “social safety net” within the society or locality.
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