Child rights Advocacy kit

Children

seem to be easiest victim of unlawful activities. Violence against

girls, child labor, children living on the streets, trafficking, violence in schools and violence in conflict situations have all been reportedly on the rise. The need of the hour is civil society role in promoting child rights and democratic reform can be strengthen by their active participation by using international and regional frameworks for the protection of child rights, justice, the rule of law and the promotion of democracy. In order to reduce the victimization of child, this child rights advocacy kit will generate awareness among common people in India and all stakeholders working in the area of child rights for protection of children at risk.

Nawaz-ulhaque Consultant Bal Sakha

Who is a Child? A child is defined in the UN Convention on the Rights of the Child (CRC) as a person under the age of 18. This includes infancy, early childhood, middle childhood and adolescents. What are Child Rights? All people under the age of 18 are entitled to the standards and rights guaranteed by the laws that govern our country and the international legal instruments we have accepted by ratifying them. The UN Convention on Rights of the Child, 1989(ratified by India in 1992) draws attention to four sets of civil, political, social, economic and cultural rights of every child. These Right to participation Right to protection Right to development Right to survival are: includes includes This includes the This This includes the This right to life, the freedom from all right to education, respect for the of support for early views of the child, highest attainable forms freedom of childhood standard of exploitation, and expression, health, nutrition, abuse, inhuman or development to care, social security, access and adequate degrading and and the right to appropriate standards of treatment, leisure, recreation information, and living. It also neglect including of and cultural freedom includes the right the right to special

The Convention provides the legal basis for initiating action to ensure the rights of children in society.

Provisions in Indian constitution:

Right to equality (Article 14). Right against discrimination (Article 15). Right to personal liberty and due process of law (Article 21). Right to free and compulsory elementary education for all children in the 614 year age group (Article 21 A). Right to being protected from being trafficked and forced into bonded labor (Article 23). Right to be protected from any hazardous employment till the age of 14 years (Article 24).

Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)).

 Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed abandonment (Article 39 (f)). State to provide free and compulsory education to all children up to age of 14 years. (Article 45) Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46).
Indian legal frame work: Some of the major laws for protection of children

protection of

childhood and youth against exploitation and against moral and material

The Prohibition of Child Marriage Act, 2006] The Child Labor (Prohibition and Regulation) Act, 1986 The Immoral Traffic (Prevention) Act, 1956 The Juvenile Justice Act, 2006(amendment) The Right of children to free and compulsory education act,2009 There are a number of other legislations, which supports to the child rights.
The Children (Pledging of Labor) Act, 1933

The Factories Act, 1948 The Apprentices Act, 1961 The Womens and Childrens Institutions (Licensing) Act, 1956 The Mines Amendment Act, 1983 The Guardian and Wards Act, 1890 The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956 The Orphanages and Other Charitable Homes (Supervision And Control) Act, 1960 The Probation of Offenders Act, 1958 The Reformatory Schools Act, 1897 The Young Persons Harmful Publications Act, 1956 The Infant Milks Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution Act, 1992 The Prenatal Diagnostic Technique (Regulation, Prevention and Misuse) Act, 1994 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Important relevant Articles/Sections:

Child labor

No Child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. [Article24 of the constitution]

Whoever employs any child or permits any child to work in contravention of the provisions of Sec. 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.[section14(1)of The Child Labor (Prohibition and Regulation) Act, 1986] Whoever employees or uses any juvenile or the child for the purpose or causes any juvenile to beg shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. [Section-24 of the Juvenile Justice Act, 2006(amendment)] Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earning for his own purposes shall be punishable with imprisonments for a term which may extend to three years and shall also be liable to fine. [Section-26 of the Juvenile Justice Act, 2006(amendment)]

CHILD MARRIAGE

Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. [Section-9 of the prohibition of child marriage Act, 2006]

Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage. [section-10 of the prohibition of child marriage Act,2006]

Where a child, being a minor-(a) is taken or enticed out of the keeping of the lawful guardian; or (b) by force compelled, or by any deceitful means induced to go from any place; or (c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes, such marriage shall be null and void. [section-12 of the prohibition of child marriage Act,2006]

IMMORAL TRAFFICKING

Prohibition of traffic in human beings and beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.[Article-23 of the constitution] Any person who procures or attempt to procure or induces a child whether with or without his/her consent, for the purpose of prostitution shall be punished for a term not less than seven years but extended to life. [in case of minor not more than 14 years] [Section-3 of immoral trafficking (prevention Act,1956)

RIGHT TO EDUCATION

Constitution of India provides for free and compulsory education for children until they complete 14 years of age. [Article-45 of the constitution]

Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighborhood school till completion of elementary education.[section-3 (1) The Right of children to free and compulsory education act,2009]

Explanation- "elementary education" means the education from first class to eight class.

It will be mandatory for all schools to admit children belonging to weaker sections and disadvantaged groups, to the extent of 25% of the strength of the class, in class -1.[section-12 (b) The Right of children to free and compulsory education act,2009]

no child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.[section-16- The Right of children to free and compulsory education act,2009]

No child shall be subjected to physical punishment or mental harassment. [section-17 (1) The Right of children to free and compulsory education act,2009]

No capitation fee and screening procedure for admission of child in a school.[section-13 (1) The Right of children to free and compulsory education act,2009]

VIOLENCE AGAINST CHILD

Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.[section-23 of the Juvenile Justice Act,2000]

 Any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (a) Harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) Otherwise injures or causes harm, whether physical or mental, to the aggrieved person. [Section-3- The protection of women from Domestic Violence Act, 2005] Explanation- Any other person (it also includes CHILD)

Procedures / measures relating to offences

CHILD LABOUR

Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any Court of competent jurisdiction. [Section -16(1) of The Child Labor (Prohibition and Regulation) Act, 1986]

No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. [Section -16(3) of The Child Labor (Prohibition and Regulation) Act, 1986]

Explanation- Magistrate of the first class means CJM (Chief Judicial Magistrate).

CHILD MARRIAGE

A complaint may be made by any person having personal knowledge or reason to believe, and a non-governmental organization having reasonable information, relating to the likelihood of taking place of solemnization of a child marriage or child marriages. [Section -13(2) of the prohibition of child marriage Act, 2006]

The Court of the Judicial Magistrate of the first class or the Metropolitan Magistrate may also take suo motu cognizance on the basis of any reliable report or information. [Section -13(3) of the prohibition of child marriage Act, 2006]

For the purposes of preventing solemnization of mass child marriages on certain days such as Akshaya Trutiya, the District Magistrate shall be deemed to be the Child Marriage Prohibition Officer with all powers as are conferred on a Child Marriage Prohibition Officer by or under this Act. [Section -13(4) of the prohibition of child marriage Act, 2006]

The District Magistrate shall also have additional powers to stop or prevent solemnization of child marriages and for this purpose, he may take all appropriate measures and use the minimum force required. [Section -13(5) of the prohibition of child marriage Act, 2006]

IMMORAL TRAFFICKING Any person can bring a report of missing person in the form of first information report (F.I.R) to police station.

The police should intimate, the details of the missing person on a priority basis to all police stations, beats and credible NGO's in the surrounding areas.

 On receipt of such communications the police officer should take all possible measure to ensure successful tracing/ rescuing and investigation of the missing person.

VIOLENCE AGAINST CHILD

Any person who has reason to believe that an act of violence in any form against child has been, or is being, or is likely to be committed, may give information about it to Police officer in the form of complaint, or inform CHILD LINE (toll free no.1098) or inform Child Welfare Committee under Juvenile Justice Act,2006(amendment).

Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer.

[Section-4(1)- The protection of women from Domestic Violence Act, 2005]

No liability, civil or criminal, shall be incurred by any person for giving in good faith of information for the purpose of sub-section (1). [Section-4(2)- The protection of

women from Domestic Violence Act, 2005]

Right to information Act, 2005

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.

Fee for Seeking Information

1. A person who desires to seek some information from a public authority is required to send, along with the application, a demand draft or a bankers cheque or an Indian Postal Order of Rs. 10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt.

2. The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the PIO as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below: (a) rupees two (Rs. 2/-) for each page ( in A-4 or A-3 size paper) created or copied; (b) actual charge or cost price of a copy in larger size paper; (c) actual cost or price for samples or models; (d) for information provided in diskette or floppy, rupees fifty (Rs. 50/-) per diskette or floppy; and (e) for information provided in printed form, at the price fixed for such publication or rupees two per page of publication. 3. As already pointed out, a citizen has a right to inspect the records of a public authority. For inspection of records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs. 5/-) for each subsequent hour (or fraction thereof) shall be charged. 4. If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line. The application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicants belonging to below poverty line, as the case may be, shall not be a valid application under the Act. It may be pointed out that there is no photocopy for extracts from the

bar on the public authority to supply information in response to such applications. However, provisions of Act would not apply to such cases.
Part I - For All Stake Holders Guide on Right to Information Act, 2005

Format of Application
1. There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant. Even in cases where the information is sought electronically, the application should contain name and postal address of the applicant. 2. The information seeker is not required to give reasons for seeking information.

Sample format

FORM A (See rule 3(1) APPLICATION FORM FOR OBTAINING INFORMATION I.D.No. (For office use)

To, The Public Information Officer, ------------------------------------------District.

1. 2. 3.

Name of the applicant: Full Address: Particulars of Information required (in brief) given below: . .. I hereby, state that the information sought is not covered under the categories which are exempted from disclosure of information under section 8 or under section 9 of the Right to Information Act, 2005 and to the best of my knowledge. It is pertaining to your Department\ office.

4.

5. (1) I have paid the fees Rs.in words rupees..on Datedvide receipt no.in the Department\office of. (2)I enclose herewith Indian Postal Order / Demand draft / pay order No. .Dt. drawn in favor of Officer ,issued by .Bank towards the fees payable . 3)Non-Judicial stamp of Rsis affixed on this application . 4) I belong to B.P.L. family-Xerox copy of my card required \Certificate is enclosed herewith. Place: Date:

(Signature of the applicant) Postal address.. Email with phone no