Child Rights Advocacy in India

In the rights-based approach, children are viewed as citizens, entitled to all that has been promised to them under the Constitution of India and the United Nations Child Rights Convention (CRC), rather than as objects of sympathy or charity. Children are no more residual categories who are just part of the families or an appendage to the adults. They are young citizens with their own rights which are recognized by the global community. The UN Convention on children's rights adopted by the general assembly of United Nations in November 1989 is both a culmination of numerous efforts in the past and a new beginning of the era of children's rights. The Convention on the Rights of the Child (CRC) lays down the principles of non discrimination in the best interest of the child along with the common standards for the various rights of children. It takes into account the different cultural, social, economic and political realities in which children live. India ratified the Convention on the 11th of December, 1992. Yet, the rights granted to the children under the Convention are far from the reality in India. Children are no more residual categories who are just part of the families or an appendage to the adults. They are young citizens with their own rights which are recognized by the global community. Children's right to participation is upheld by the Convention on the Rights of the Child and right to participation implies a right to expression, right to be heard, right for their opinion to be seriously considered in matters relating to them. They are no more just victims of violations but are potential liberators of themselves. In this perspective, children's right to association and making their voices heard becomes important. They must have right to express their opinion on the prevailing situation and spell out the new situation which they would visualize. They must have a right to participate in the process of changes and creation of new structures and society for themselves. It is no more sufficient to work for children. It is absolutely necessary to work with them in the search and struggle for a better world.

'Nitharis’ will happen until child rights become the focus of national policy. Lasting change for children can only occur when child rights in their entirety become the focus of national policy, and proper decision-making replaces the platitudes mouthed for short-term political gain. Caste, gender and communalism, in particular, are at the root of most of the deprivation we encounter in our work. The feudal nexus between the wealthy and powerful and the State in all its forms prevents real change from becoming a reality. Overall, the child’s right to survival depends on many factors in Indian Society, viz. maternal health is a key determinant of infant health, female foeticide and infanticide, malnutrition, and the availability and quality of healthcare services. The government services offered under the Integrated Child Development Scheme (ICDS) and Primary Healthcare Centres (PHCs) are in a poor state.

There have been many initiatives from different quarters like the civil society, national governments and international organizations towards recognizing the rights of children. Much of these initiatives are also being related to the struggle of different sections of people for defending particular aspects of human rights within their own context. The Government of India’s approach to children is piecemeal - knee-jerk responses and window-dressing rather than well thought-out strategies. Thus, while a commission is set up and a charter drafted, the policy framework of the early-1970s that defines all decision-making about and for children has never even been reviewed. The present conception of the National Commission for Protection of Child Rights (NCPCR) is flawed. In its current form, it serves to be one more government agency, struggling for space and funds on behalf of children. The commission has to report to the central government, not Parliament. This makes it vulnerable to becoming a puppet of ruling governments and taking stances based on populism rather than principles!

*Excerpts from my Paper presented at the International Seminar on Human Rights: Reporting and Tools for Effective Actions held in Mumbai, India during April 29 - May 1, 2009.