Indian Scout & Guide Fellowship
Greater Mumbai Unit

Child Rights - a dream still far away from reality!

By Ashish Pawaskar, Joint Secretary

Lets play a little game. I will name a day and if you know the date of that day, raise your hand. Today, Independence Day, Republic Day, Valentine Day. Now don't raise your hands but check yourself - Human Rights Day (10 Dec), Children rights day (20 Nov). Human Rights Day is 10 Dec & Children Rights Day is 20 Nov. The date 20 November, marks the day on which the Assembly adopted the Declaration of the Rights of the Child, in 1959, and the Convention on the Rights of the Child, in 1989.

The UN Convention on Rights of the Child (CRC) says: "A child is any human being below the age of eighteen years." There are no definitions of other terms used to describe young people such as "adolescents", "teenagers," or "youth" in international law.

Human rights apply to all age groups and children have the same general human rights as adults. But children are particularly vulnerable and so they also have particular rights that recognize their special need for protection.

Unlike the other human rights Conventions, CRC is not just an articulation of the duties of the Government and the rights of the Child. Rather it spells out the rights of the child in relation to the world of adults. This adult world consists of: the parents and extended family of the child and the Government.

The UN Convention sets out the rights that must be realized for children to develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the child. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights.

India ratified the CRC on the 11th of December, 1992. Yet, we are far from realising it. Today, let us understand the state of children's rights in the country and the efforts to combat the violation of children's rights.

Rights enshrined and recognized in any documents have to become alive by the concerned people realizing it and upholding it.  For children themselves, it is necessary to understand childrens rights and uphold it continuously.

Simply put, the children’s rights include the rights to:

• Be protected from all types of harm;
• Be provided with things they need to survive and grow;
• Take part in community and political life;
• Grow up in their own family, culture, language and religion whenever possible.

Critical awareness of ones rights and the situation which violates these rights is a pre condition for realizing the rights. So how do you recognise Child Right violations? Let's go through some common violations of child rights:

Bonded labour:
According to the Govt of India, the largest number of working children can be found in the state of Uttar Pradesh, followed by Andhra Pradesh, Rajasthan, and Bihar. Working children are found in industries such as quarrying of sandstone and other materials; gemstone polishing; zari-production, consisting of embroidering or sewing beads and colored threads to fabric; sari-weaving; hybrid seed production; and in the manufacturing of matches, bricks, carpets, locks, glass bangles, fireworks, leather goods, bidis (cigarettes), footwear, garments, sporting goods, brassware, and other metal goods.

But why do businesses employ child labour?

Children are very compliant. They don't demand minimum wage or create a union. You can lock them up and keep them from going home. Adult laborers take breaks for lunch, to smoke, but children will work the whole day without breaks. They are seen as more efficient workers. On the one hand they are afraid of the employer, on the other of their parents, so they just do as they are told.

Cruelty & Exploitation:
95% of the children in domestic work are girls subjected to physical, sexual and emotional abuse. Many of these children are forced into labour due to poverty. Over 2000 children in domestic work have been rescued from all states in India.

The Maharashtra government indicated that there were no children in domestic work. This attitude has changed and now the government has recognized that 45 million of such children do exist.

Discrimination
It's a boy!! Have you heard this phrase from people? They might be discriminating against the girl child. The principle of the equal value of all human beings is a corner stone of human rights. Undeniably, sex selection leading to female foeticide is an extreme form of discrimination and violence against girls. The adverse child sex ratio reflects the real status of the girl child in the country challenging the constitutional and policy commitment of equality and non-discrimination. Though they are banned, sex determination tests are still carried out in major cities in addition to rural areas.

Denial of education:
A man without education is equal to an animal. Education is special manifestation of men. It is a treasure, which can be preserved without fear of loss. Education is a preparation for living and life. Despite a major improvement in literacy rates during the 1990s, the number of  children who are not in school remains high. Gender disparities in education persist: far more girls than boys fail to complete primary school.
Years ago, in 1993, The Supreme Court has held that right to education is a fundamental right. On Human Rights Day, 10th December 2008, the UN adopted a protocol enabling violated education rights-holders to seek remedies and hold governments to account – as is the case for other human rights. However, the major reason why children are denied education is poverty and the compulsory participation of the child in earning the family's income. In Mumbai, there are thousands of children who cannot afford to go to school. In the Book Bank run by the Greater Mumbai Unit, every year 400 to 500 poor children borrow college books free of cost from us because they cannot afford them, and this is only from Std XI to Graduation level. If at this level student need support, you can only imagine what is happening with the younger children.

Early marriage:
In an effort to curb the practice of child marriages some states like Rajasthan, Gujarat, Maharashtra, Karnataka and Himachal Pradesh have passed laws that mandate the registration of all marriages in order to make it a valid marriage. However, mass marriages that involve children are frequently ignored by authorities.

According to "National Plan of Action for Children 2005," a goal has been set to eliminate child marriage completely by 2010. This plan is proving to be successful, though it is still difficult to monitor every child due to the sheer population of India.

The society too is very much aware of this issue and the media too is creating a great amount of awareness about it. The serial Balika Vadhu become so popular on the Colors Channel that it kicked a very popular serial off the air? As I personaly do not like the serial I will not name it, but I will give you a hint! - Kyunki chass bhi kabhi dahi thi

Prostitution & Sex abuse:
The commercial sexual exploitation of children is a major problem in India; girls as young as 7 years from economically depressed neighborhoods in Nepal, Bangladesh, and rural areas of the country are exploited in brothels in major urban centers. An estimated 6 to 10 thousand children from Nepal and Bangladesh were trafficked into the country annually for commercial sexual exploitation. NGOs estimated that there were approximately 100 to 200 thousand women and girls working in brothels in Mumbai, and 40 to 100 thousand in Calcutta. Some child sex tourism has been reported in the state of Goa and other popular tourist destinations. There is increasing awareness of boys being exploited in prostitution and sex tourism. (Remember the movie Page 3)

What can we do?
Critical awareness of ones rights and the situation which violates these rights is a pre condition for realizing the rights. Rights must be asserted and exercised rather than being granted. The situation of children, particularly in India is violative of childrens rights to survival, development, protection and participation. Often the situation is being passively accepted as given and cannot be changed.

Children are future of nation and the citizens of tomorrow. They are the real strength of country and very foundation of the society. The child's right to survival, health care and nutrition, education, social opportunities and protection has to be recognized and made a social and economic priority. Along with this the basic structural inequalities that cause poverty, malnutrition and the low status of women have to be addressed, if these rights are to be ensured.

We need to convince the government that education is not a privilege for rural children - it is a human right and an essential ingredient in the emotional, intellectual and social development of every child.

I urge you to inform yourselves further about the situation of children rights in this country. I urge you to inform other people, especially your colleagues, family & friends about the issues associated with child right abuse. Rally them to increase child rights awareness. We are a democratic country and we need to change public opinion to secure policy change.

This is the responsibility and concern of everyone. Only a concerted mobilization and action by all can help to create a new environment for the children and help them to awaken to a new dawn. We cannot rest until we have reached the children from the corners of India. We have to build an India truly fit for children.

We should have acted yesterday. Today is already late. Let us not make it any later. Now is the time.

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