Background :The United Nations Convention on the Rights of the Child (UNCRC) is a landmark, legally-binding international treaty adopted in 1989 that defines the civil, political, economic, social, and cultural rights of everyone under 18. It establishes that children are entitled to special protection, education, healthcare, and participation, irrespective of race, religion, or abilities.
Key Aspects of the UNCRC:
Definition: A child is defined as any human being below 18 years of age. The Convention says childhood is separate from adulthood, and lasts until 18; it is a special, protected time, in which children must be allowed to grow, learn, play, develop and flourish with dignity.
Core Principles: Non-discrimination; best interests of the child; right to life, survival, and development; and respect for the child’s views.
Four Main Categories of Rights:
o Survival Rights: Right to life, health, nutrition, and a name/nationality.
o Development Rights: Access to education, play, leisure, and cultural activities.
o Protection Rights: Safety from abuse, neglect, exploitation, and hazardous work.
o Participation Rights: Freedom to express opinions, share information, and be heard.
Legal Standing: More than 196 countries have ratified it, making it the most widely accepted human rights treaty.
Implementation: Governments are responsible for enacting laws and policies to ensure these rights are fulfilled.
The UNCRC consists of 54 articles covering all aspects of a child’s life. Ratification of UNCRC (1992): India’s formal commitment to international standards significantly shifted the focus from “welfare” to “rights”.
India, a country with about one-fifth of the world’s children ratified the UNCRC in 1992.
So, India became duty bound to create a full proof child protection mechanism to ensure safe & secure environment for all the children to grow up realising their full potentials. The convention has inspired India to enact a number of progressive legislations and formulate policies to address the pressing child rights issues. Some of the key legislations that have been enacted to protect rights of children include the Juvenile Justice (Care & Protection of Children) Act 2000 amended in2015, The Commissions for Protection of Child Rights Act 2005, Prohibition of Child Marriage Act 2006, The Right of Children to Free and Compulsory Education Act 2009, Protection of children against sexual offences Act 2012, Child Labour (Prohibition and Regulation) Amendment Act 2016 Etc.
In the version of the Juvenile Justice (Care & Protection of children) Act 2015, the children are classified into two categories – Child in need of care and protection (CNCP) and Child in conflict with law (CCL). Now, to implement Child Protection in the grass root level, a service delivery structure was conceptualised and created as per provisions of the Act and Rule in vogue.
Service Delivery Structures:
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1.Child Welfare Committee (CWC): A 5 Member Committee has been constituted as per section 27 of the J.J. Act’15 in all the districts of the state to exercise powers and to discharge the duties conferred on such committees in relation to the children in need of care and protection.
2.Juvenile Justice Board (JJB) : A 3 Member Board (Chaired by a Judicial Magistrate) constituted as per section 4 of the J.J.Act ‘15in all the districts for exercising the powers and discharging its functions relating to children in conflict with law.
3.Special Juvenile Police Unit: This is constituted in every district as per section 107 of the J.J.Act ’15 to coordinate all functions of police related to children.
4.District Child Protection Unit and Child Line (1098) : Constituted in each district as per section 106 of the J.J.Act 15 to take up all matters related to the children with a view to ensure the implementation of the Act. 1098 is Child Help Line Number.
4A. Child Protection Committees in Rural Level: As per mandate of Mission Vatsalya , a tier committee has been created in all Blocks namely Village Level Child Protection Committee ( VLCPC) , Gram Panchayat Level Child Protection Committee ( GPLCPC), Block Level Child Protection Committee (BLCPC) to address the issues of Child Vulnerabilities.
4B. Child Protection Committees in Urban Level : In urban areas Ward Level CPC (WLCPC), Borough Level CPC and ULB Level CPC have been formed for the similar purpose.
5.Institutional Support Structure: There are many Child Care Institutions (CCI) registered under the J.J.Act for housing the CNCP and the CCL before their rehabilitation and social re-integration. The CCIs are run by both Govt. and NGOs. The various categories of CCIs under the J.J.Act are as follows:-
i) Children’s Home (Section 50): This is for Children in Need and Care of Protection.
ii) Observation Home (Section 47): Meant for Children in Conflict with Law.
iii) Place of Safety ( Section 49): Meant for children who have committed Heinous crime.
iv) Special Homes ( Section 48): Rehabilitation of Children whose offences have been proved.
v) Open Shelter ( Section 43): It is a day care centre for children having working mothers.
vi) Specialised Adoption Agencies ( Section 65): Meant for Orphan, Abandoned and Surrendered Children below 6 Years for placing in adoption.
Failure to ensure children’s right to protection adversely affects all other rights of the child. Thus, the Millennium Development Goals (MDGs) cannot be achieved unless child protection is an integral part of programs, strategies and plans for their achievement. Failure to protect children from issues such as violence in schools, child labour, harmful traditional practices, child marriage, child abuse, the absence of parental care and commercial sexual exploitation, amongst others, means failure in fulfilling both the Constitutional and International commitments towards children. To affirm Government’s commitment towards adopting a rights-based approach to address the continuing and emerging challenges in the situation of children, the Government of India drafted the National Policy for Children, 2013, whereby it reiterates its commitment to safeguard, inform, include, support and
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empower all children within its territory and jurisdiction, both in their individual situation and as a national asset. The State is committed to take affirmative measures – legislative, policy or otherwise – to promote and safeguard the right of all children to live and grow with equity, dignity, security and freedom, especially those marginalised or disadvantaged; to ensure that all children have equal opportunities; and that no custom, tradition, cultural or religious practice is allowed to violate or restrict or prevent children from enjoying their right.
The Ministry of Women and Child Development, (MWCD) extends its commitment of the XI plan to create a protective environment for 40 per cent of India’s vulnerable children who are experiencing difficult circumstances, by continuing the centrally sponsored Scheme – the Integrated Child Protection Scheme (ICPS) in the XII plan. The Scheme, since its launch in 2009, in partnership with the State Governments/UT Administrations, has strengthened prevention of child rights violation; enhanced infrastructure for protection services; provided financial support for implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000;increased access to a wider range and better quality of protection services; increased investment in child protection and is continuously drawing focus on the right of all children to be safe.
The Integrated Child Protection Service (ICPS) has been renamed as MISSION VATSALYA in 2022.
Mission Vatsalya is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to ‘leave no child behind’. The Juvenile Justice (Care and Protection of Children) Act, 2015 provisions and the Protection of Children from Sexual Offences Act, 2012 form the basic framework for implementation
of the Mission.