In My Defense Introducing Laws for Children In my Defense

In My Defense An Introduction To Laws For Children

1 In my Defense In My Defense An Introduction to Laws for Children February 2018

Published By Department of Rural Development and Panchayati Raj Government of Maharashtra Seventh Floor, Bandhkam Bhavan Murzban Road, Fort, Mumbai - 400001 Maharashtra rdd.maharashtra.gov.in

Maharashtra State Commission for Protection of Child Rights Government Transport Building Sir Pochkanawala Road, Worli Mumbai - 400030 Maharashtra www.mscpcr.egov.co.in

UNICEF State Office for Maharashtra B-Wing, R2, Technopolis Building Ground Floor, Andheri (East) Mumbai, Maharashtra, India - 400 093 Tel: +91 022-2687 5171/72/73/74/75 www.unicef.in

Content & Design: Eka – The Communicators’ Collective H/9, Shreeramsharanam Colony Near Shahpura Thana, Trilanga Bhopal - 462039, Madhya Pradesh ekacollective.wordpress.com

2 In my Defense

Aseem Gupta Secretary Department of Rural Development & Panchayati Raj Government of Maharashtra

Gram Panchayats and Child Rights are non exclusive; in clearer terms realization of child rights responsible and responsive to children’s demands, is closely related to functions of Gram Panchayat. the state is equally concerned about the children’s The functions devolved to Gram Panchayats under rights to survival, development, protection and the Maharashtra Village Panchayat Act make a GP participation. responsible of ensuring that every child achieves Child Friendly Panchayat is a concept which his/her full potential. So the question now would effectively integrates two areas state is focused be how we make every Gram Panchayat responsive on. I believe this resource kit will be a guide to all to the needs and rights of a child. The pilot initiated the Gram Panchayats in the state as well as across by UNICEF to make Panchayats child friendly is the country to help understand the larger concept one such endeavor towards making child rights a of ‘Child Friendly Panchayat’; it also is a practical reality and bringing the concepts closer home from guide for everyone to start working towards being big terms mentioned in the UN Convention realization of child rights through transparent and on the Rights of the Child (UNCRC) or Sustainable responsible local governance based on principles of Development Goals (SDGs). Gram Panchayat is decentralization and child rights. central to the concept of child friendly Panchayat, making them the primary duty holder at local I appreciate the efforts made by UNICEF in level to put in place processes and systems to developing these resource materials and translate the child rights as mentioned in various Chandrapur Zilla Parishad for all administrative international conventions and national and state support provided. I request all elected members level laws and other instruments into reality for of the Gram Panchayats and functionaries of Gram every child in the remotest corner of the country. Panchayats to make use of this resource kit, have discussions on this in the Gram Sabha and GP level Maharashtra always had a very proactive approach Committee Meetings and work towards making the whether it is towards progressive decentralization Gram Panchayat, Child Friendly. and child rights; Maharashtra Village Panchayat Act and State Child Policy are examples of state’s commitment to these causes. The state has also taken steps to ensure that children’s voices are heard and taken into account while making annual development plans at GP level through Government Aseem Gupta Resolution issued on planning under XIV Finance Commission. So, while making local governments Secretary, RD & PR

3 In my Defense

Pravin Ghuge Chairperson Maharashtra State Commission for Protection of Child Rights

Maharashtra has a well laid out child policy and is with child participation. For the purpose, UNICEF one of the few states having a child policy. However, has brought out a resource kit on Child Friendly the ground work required to converting the Panchayat. The resource kit will be a reference mission and vision of Child Policy into reality can manual for various stakeholders, GP members be achieved only through local self governments. and government functionaries, facilitators and The state has already established itself as a children to understand the concept of child champion in devolution of powers to local self friendly panchayat and how to operationalize it. governments, thereby making them powerful and MSCPCR would like to support this endeavor responsible to the cause of child rights (survival, by enhancing child participation as well as protection, development, participation) in their encouraging the Panchayats to have child friendly respective jurisdiction through various sections of schemes an integral part of their programmes. the Maharashtra Village Panchayat Act. MSCPCR We also look forward to working with the district recognizes the major role local governments administrations for advocacy related to this work. play given the powers devolved and proximity I am sure the resource kit will help the local self to the communities and hence the UNICEF governments work towards mainstreaming child initiative of ‘Child Friendly Panchayat’ is looked rights in local planning and monitoring agenda. at as a very strong model in ensuring child rights. I would like to acknowledge the effort made by The ‘Child Friendly Panchayat’ model becomes UNICEF to prepare this document addressing the key more relevant given the scenario that state has information requirements for any local government started investing more on developing capacities or civil society organizations to start their journey of Gram Panchayats to plan under the XIV Finance towards making their Gram Panchayat child friendly. Commission. Though we have taken the first step towards child centric planning and governance, a lot more need to be done to develop a sustainable model with scale up plans. UNICEF model of Child Friendly Panchayat is definitely a step closer to achieving the vision of having a GP Pravin Ghuge own up the responsibility of protection of child Chairperson, MSCPCR rights and ensuring a child centric governance with proper planning, budgeting monitoring

4 In my Defense

Rajeshwari Chandrasekar Chief Field Office (CFO) UNICEF, State Office for Maharashtra

UNICEF is committed to realization of child rights Kit on Child Friendly Panchayat is meant for elected as enshrined in the Constitution of India, UNCRC representatives and functionaries, civil society and SDGs. UNICEF appreciates the centrality of the organizations, volunteers, resource persons and role of Local Self Governments for ensuring social children too, to be used as a ready reference justice; social justice encompasses child rights too. point to understand the concept of child friendly India as a country has made great strides towards Panchayat and how to work towards it. devolving powers to local governments through The resource kit has five booklets. Each of these the 73rd and 74th Amendment of the Constitution of booklets addresses the information requirement of India. Several states have also moved ahead to make different stakeholders; for example, On‘ an Equal the local governments stronger and Maharashtra Footing - Children as Partners in Governance’ has always been a champion of decentralization. gives conceptual clarity on what a child friendly With the advent of XIV Finance Commission, Panchayat is; ‘In the Right Direction - Aiding Child Panchayats are preparing Gram Panchayat Friendly Panchayats’ is the practical guide for the Development Plans, in which state has given GPs on how to plan, monitor development activities very clear guidelines to earmark funds towards with participation of children; ‘We the Children development work directly benefiting women - The Making of a Child Friendly Panchayat’ will and children as well as mandatory meetings help children understand the concept of child with adolescents to listen to their concerns and rights, child friendly governance, how they can demands. These are all welcome signs seen across participate in the governance processes through the state. Modelling of Child friendly Panchayats activating Bal Sabha and Bal Panchayats; ‘In My in Maharashtra has made a very valid point that Defense - Introducing Laws for Children’ intend to Gram Panchayats are an important stakeholder give the children information on various existing or duty bearer for child rights achievement; the instruments, laws for protection of child rights and development of Child Friendly Panchayat resource in case of non compliance what are the measures for kits will further strengthen the Gram Panchayats to redressal. Finally, ‘Triggering Change - Handbook positively impact the achievement of child rights. for Facilitator in Gram Panchayat’ is intended for It is important that children are given a voice in the any volunteer selected by the Gram Panchayat to process of building a protective environment for work with the children to form Bal Sabhas and Bal them, for which there is a process of empowerment Panchayats and act as a facilitator cum guide for so that they meaningfully interact with the adults, the Gram Panchayat. The resource kit has been facilitating the development process. This Resource prepared after extensive consultations at various

5 In my Defense levels with elected representatives, functionaries, district administration, the stakeholders of Child trainers, resource persons, volunteers from Friendly Panchayat Pilots from Chandrapur, different grassroots level programmes etc. Nandurbar and Latur and other resource persons I believe this resource kit will be a useful reference who consistently reviewed and provided us with material for Gram Panchayats across the state feedback to bring out this resource kit. and any voluntary organization in facilitating the process of making a Gram Panchayat child friendly by strengthening local governance processes with children’s participation. I would also like to thank Rajeshwari Chandrasekar all who contributed in developing the resource kit; Rural Development Department which gave the CFO - UNICEF, Maharashtra concept, MSCPCR for all the inputs, Eka for design and development of the documents, Chandrapur

6 In my Defense

CONTENTS

Section I Background Know Your Book Listen Up! Let’s Begin Right, with Who is a Child! Why Focus on Children? What are Children’s Rights?

Section II Laws and Policies Welcome to the World of Laws! The Journey from a Bill to an Act

Section III Know your Laws The Pre-Conception & Pre-Natal Diagnostic Techniques Prevention Act, 1994 The Juvenile Justice (Care and Protection) Act, 2015 The Prohibition of Child Marriage Act, 2006 Right of Children to Free and Compulsory Education Act, 2009 The Protection of Children from Sexual Offences Act, 2012 The Child Labour (Prohibition & Regulation) Amendment Act, 2016 Other Laws Related to Child Labour The Rights of Persons with Disabilities Act, 2016 Immoral Trafficking Prevention Act, 1986 The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

Section IV Supporting Information Bodies and Mechanisms to ensure Child Rights Important Helplines for Children Glossary of Terms Reading and Reference List

7

In my Defense

SECTION I BACKGROUND

9 In my Defense KNOW YOUR BOOK

Dear Children,

Congratulations on your role as Bal Sabha members! As young citizens, you will be playing a key role in the development of your Panchayat. Your efforts will help bring child rights into the focus of your Panchayat. We hope you enjoy the process of engaging in governance and work shoulder to shoulder with the adults in your Panchayat. When adults and children work together to ensure child rights, the Panchayat will surely become a Child Friendly Panchayat! A Child Friendly Panchayat is one where all children are cared for and protected. A Child Friendly Panchayat respects the views placed by its children and integrates the same into the Panchayat plan. Here, children are equal partners in the governance process. As you take up your roles as partners in the Child Friendly Panchayat process, it is essential to equip yourself with information about Child Rights and related laws. With the right information, you can make a difference in the way the Gram Panchayat will work around children’s issues. Having information about Child Rights and related Laws may help you protect the most vulnerable children. You would know about the correct procedure to be followed to stop a Child Marriage, to prevent a child from the threats of hazardous work and also help a friend who may be planning to elope! Information is power and in many cases it helps save lives. You can also share this information with the adults in your Panchayats and help equip them as well. Finally, it is adults who have to fulfill their roles as duty bearers towards children! This book has a twin called “We, the Children”. It’s a book that will help children understand the concept of Governance and work together with the Gram Panchayat. Do read both these books to complete your information. So, here is the book for you, now!

Help you learn and This book may apply information! make you think!

Ask questions Inform you

10 In my Defense

Explore & discover!

Challenge some notions

Share, debate and discuss

Assess & analyze

Ask questions

11 In my Defense LISTEN UP!

We asked some of our young friends to write down what they hear mostly from their parents and elders in the family, community, school or place of work. Here are some of the things they wrote…

“See the neighbour’s son, he studies so well. Why can’t you be like him?” “Poor woman! Her child is not normal like ours…” “What a bright girl! Despite coming from a low caste…”

“Like father, like son! A thief’s son will always be a “Why are “Girls in one thief..! you crying row. Boys in like a girl?” another row. “Keep quiet!” No talking.”

“If you get a good boy, he will allow you to study even after marriage.” “A girl’s honour is like glass. Once broken, it cannot be mended.”

And so on, it went! We were surprised and even laughed at it together. But some children were upset. “Grown-ups confuse us. Sometimes they tell us to shut up because we are small. And then they ask us to behave wisely because we are now grown up! Why can’t they make up their minds once and for all?” Some children wondered, “Even we can take important decisions. We can be useful too! Why don’t they trust us?”

12 In my Defense

What have you heard from adults around you? Write it here! Did You Know?

When this young girl speaks, the entire world stops to listen to her! At 16, she was the youngest recipient of the Nobel Prize. Malala Yousafzai from Pakistan is a passionate advocate of Girl’s Education. She started writing a blog under a pseudonym when she was 12 years old. In that blog she expressed her views about how the Taliban group was stopping education of girls in her district. Fearing the Taliban, many girls had stopped attending school.

The international media got in touch with her after reading her blog and then she started appearing on television for interviews. A child’s voice made the entire world sit up and take notice. Education for Girls came into the focus. Malala did not stop her work even when she was shot by the Taliban. She recovered and continued with her work! Small voices count!

So, it is true that most people do not bother to listen to children. But what if we learn how to communicate our views effectively, clearly and politely? Maybe that will ensure we are heard!

13 In my Defense LET’S BEGIN RIGHT, WITH WHO IS A CHILD!

Prohibition of Child Marriage Act

21 for Boys 18 for Girls Parents Child Labour Prohibition & Regulation Act Always a Child! Age No Bar! 14 Years

Rights of Persons with Disabilities Act Juvenile Justice Act 18 Years

18 Years WHO IS A CHILD! But 16 years for Factories Act heinous offences

14 Years

Protection of Children from Pre-Conception & Pre-Natal Diagnostic Sexual Offences Act Techniques Prevention Act 18 Years Zero and even before that! Right to Education Act

6-14 Years

14 In my Defense

Different Laws, defining children differently! Which one do we follow?! Confusing, isn’t it! So, the ‘Right’ thing to do would be to follow the United Nation’s Convention on the Rights of the Child or the UNCRC. All the Rights of Children are written in this document. The UNCRC was prepared with the joint efforts of many countries of the world. It is considered to be the guiding document while working for Children’s Rights. The UNCRC defines a child as a person below 18 years of age. India has signed the UNCRC. This means that as a country we have committed to ensure and protect Rights of ALL children in India!

Sounds interesting? In the next chapter, you will find a brief introduction to the UNCRC. Meanwhile, here’s some food for thought: Why do different laws define the age of a child differently? If India has signed the UNCRC, should it not have one definition of a child? Does this have any impact on the lives of vulnerable children like working children, children who are trafficked, children who are married off early? Is life any different for children in the states of Jammu & Kashmir or Chhattisgarh? How?

Did you Know? When you turn 18, you are given the status of an adult citizen. So, you can get your driver’s license, girls can get married (boys have to wait till 21 though!), get entry into schemes for adults and most importantly vote! But this does not mean that children will have no say in matters of the government, society, community, family till they are 18. Our Constitution guarantees all children the Right to assemble, to voice their opinions, to protest and even place their charter of demands. So, whether you are 18 or not; you have the Right to Participate!

15 In my Defense WHY FOCUS ON CHILDREN?

Children are the youngest of our citizens. You must have heard some adults talk about children in their speech. They say, “Children are the future of our Nation. They are our assets. We must invest in them.” Gabriela Mistral was a Chilean poet. In her poem “His Name is Today”, she writes:

We are guilty of many errors and many faults But our worst crime is abandoning the children Neglecting the fountain of life Many things we need can wait But the child cannot. Right now is the time His bones are being formed, His senses are being developed His blood is being made To him, we cannot answer, “Tomorrow” His name is “Today”

Gabriela wrote and worked for the poorest children in Chile. She herself belonged to a poor family and knew the hardships that children face. She stressed on the role of adults to protect children. People who work with children agree with Gabriela. That is because children, especially small children are vulnerable. Their bodies are still being formed. Their minds are still being developed. Children slowly gain exposure to the world. It takes years before they are ready to take care of themselves. Till that time, it is the duty of adults to ensure a safe environment for children, for their growth and development. Even among children, there are some children who are more vulnerable than the rest. More work is needed to bring them into a safety net.

16 In my Defense

Migrant Children Children who need a Children belonging to SC/ST special focus! Communities Differently-abled Children Children suffering from terminal diseases Children affected by HIV/AIDS

Children affected by natural disasters and conflicts

Trafficked Children

Children in the sex trade Working Children

Neglected Children

Street Children

Children in conflict with law

Children in begging

Children in substance abuse Children facing sexual abuse

Transgender Children

Do you feel there are other groups of children who need special focus? Write it here!

17 In my Defense WHAT ARE CHILDREN’S RIGHTS?

We are born with our Rights! All human beings have rights. These are called Did you Know? Human Rights. But children have separate Very recently a group of girls from needs than adults. They are a vulnerable Rewari, Haryana went on a hunger strike group and so they have special rights demanding upgradation of the school in called Children’s Rights. These are written their village to Class 12. in a document called the United Nations Convention on the Rights of the Child or the The protesting girls said that they were UNCRC. The UNCRC was prepared by many molested by boys and men on their way to countries of the world. There are 41 rights the school. When they complained to their detailed out in the UNCRC. You will find more parents, they were asked to stop going to information about Rights and the UNCRC in school. But these girls aspire to study and your book, “We, the Children”. go for higher education as well. Finally, Rights are our most basic needs. For example, they decided to go on a strike to make the food, clothing, shelter, care & protection are State Government listen to their demands. some of the basic needs of every child. These are different from ‘wants’. For e.g. having Soon, the Government had no option but lots of pocket money to spend, having too to come down to visit the 95 girls, their many expensive dresses, wanting a separate parents and community who had joined the television in your room can be grouped as strike. The girls ended their strike after ‘wants’. ‘Needs’ on the other hand, are basic receiving assurance from the government. A things we require to survive, be healthy, safe secondary school will soon be added to the and live with self-respect. existing school. We cannot compromise on basic needs! No Right to Education cannot be ensured only negotiations either. So, it’s not enough that all children get food in Anganwadis and Schools. by setting up schools. It is also necessary It’s equally important to ensure that this food to ensure a safe and non-threatening is clean, nutritious and served with respect! environment so that children can access All these rights should be available to all their Right to Education. children fully and right from the time they are born.

18 In my Defense

Rights ensure Dignity!

Dignity is that feeling when you are respected and treated well. A child cannot lead a dignified life if she is constantly blamed, punished, abused or made to feel bad or lesser than other children. A child may be born in a poor family, but that does not mean she will have lesser rights. All children have equal rights irrespective of their gender, race, religion, region, class, caste, sexual orientation, age and disability. It is the duty of the family, society and government to ensure children’s rights

It’s a feeling!

When someone makes you feel bad, disrespected and ashamed, it just doesn’t feel right! So, you say s/he made me feel undignified. Some people are really nice to their old parents and treat them with a lot of care, respect and love. They maintain the dignity of their parents! Some men hit their wives and children. Some don’t! They treat their wife as partners, with equal rights and respect them. All of us need to maintain each other’s dignity by respecting each other. It’s like team work. To win, all need to work together! So, think twice before making fun of a differently abled child, or a child who is begging or a child who is punished, is crying or has torn clothes. Surely, everyone likes to be respected and treated right!

It’s also important to protect the dignity of those who are not able to do it on their own like babies, bed-ridden elderly people, those with multiple disabilities to name a few.

19 In my Defense The United Nations Convention on the Rights of the Child (UNCRC)

The UNCRC helps ensure and protect Child Rights. All its 41 articles are divided into four groups: namely Right to Survival, Right to Development, Right to Participation, Right to Protection. The UNCRC stresses that the following should be kept in mind while working with children:

Best Interests of the Child Non-Discrimination Respect for views of the child

Right to Right to

SURVIVAL DEVELOPMENT Life Education Health Care Nutrition Leisure Name Recreation Nationality Cultural activities

Right to Right to PROTECTION from PARTICIPATION Exploitation Expression Abuse Information Neglect Thought Religion

Did you Know? Somalia and the United States of America were the only two states who had not ratified the UNCRC. However, after Somalia signed the Convention in 2015, America is the only country refusing to ratify the Convention!

20 In my Defense

Rights Holders & Duty Bearers

ANM Anganwadi Worker School Teacher Panchayat Secretary Child Protection Committee Members Parents Child Chief Executive Officer, Zilla Parishad District Collector The Police Community Development Officer (CDO) Block Development Officer (BDO) Block /Taluka/Ward/ Zilla Board and Panchayat Members

Did you Know? The Constitution was written by a 389-member Constituent Assembly! The Assembly appointed Dr. Ambedkar as the chairperson of the Drafting Committee which had 6 more members. The Drafting Committee had to write the Constitution after all the long discussions and debates. The entire process took almost 3 years! The Constituent Assembly had members from different parts of the country, representing various groups. So that the Constitution would be relevant to all people of the country. This team drafted, discussed and debated each section of the Constitution. The Constitution was adopted by the Constituent Assembly on November 26, 1949 and came into effect on January 26, 1950. Republic day is celebrated on Jan 26 to honour the date on which the Constitution of India came into effect.

21 In my Defense

THE CONSTITUTION OF INDIA

Our Constitution guarantees ALL children certain rights.

Article 21 A Right to free and compulsory elementary education for all children in the 6-14 year age group Article 24 Right to be protected from any hazardous employment till the age of 14 years Article 39(e) Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength Article 39 (f) Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment Article 14 Right to equality

Article 15 Right against discrimination

Article 21 Right to personal liberty and due process of law

Article 23 Right to be protected from being trafficked and forced into bonded labour

Article 46 Right of weaker sections of the people to be protected from social injustice and all forms of exploitation

22 In my Defense

SECTION II LAWS AND POLICIES

23 In my Defense WELCOME TO THE WORLD OF LAWS!

Deep and wide, like a flowing river! The world of laws is quite vast and fascinating. No matter how much you learn, there’s always more to be discovered! This book can only give you a basic introduction, but if you really find this interesting, there are more books to read and refer. Who knows, some of you may turn out to be excellent lawyers in the future! So, to begin with, let’s take a dip in this river. Here are some of the questions asked by our young friends on this topic. We will make an attempt to answer some...

What is the need for laws? What are Laws and Who are lawyers and how are they made? judges?

Who looks after laws once they are made?

What if If we have so many someone laws, why are they breaks the not followed by law? people? Are laws forever? Can they be changed?

Why do the Police Can children have a role to play in all of this? arrest children? What can I do? How do they decide the punishments?

Who controls the Law? Why is Justice Blind?

24 In my Defense

What is Law? Law is a set of Rules. They are made by the government to protect people’s rights. Every person is expected to follow the law of the country. It’s good that many people accept the rules and follow them. But some people do break the law. For example, a thief is a law-breaker. By stealing other people’s things, s/he has broken rules and thus committed an offence. Law-breakers are warned, arrested, fined, or punished with imprisonment. The Police is responsible for maintaining law and order in the State. So, anyone who breaks the law, has to face the Police!

Did you Know? You may find a statue of blindfolded Lady Justice or Justitia in the Court rooms. She is the Roman goddess of Justice. Lady Justice holds a sword as a representation of the power and strength of justice. She also holds a scale that represents the balance and fairness of justice. She wears a blindfold, which represents objectivity in the implementation of justice. The expression ‘Justice is blind’, means that justice is impartial and objective. So, all will be treated equally before law.

25 In my Defense

The Indian Penal Code (IPC) The IPC lists offences and punishment for each Did you Know? offence. For example, Section 317 of the IPC Police Stations are not scary places! True, says that it’s a crime against children if their there is a lot of scolding and you may have parents abandon them. heard about people getting locked up and Section 82 and 83 of IPC says that a child under beaten. But that may not be the case with 7 years will not be considered an offender all police stations. We know of some really even if s/he has committed the offence. (That’s gentle police personnel who love and care for because the child is too young to know about the consequences of his/her actions). children especially. Many of them actually Section 363-A says that kidnapping a child for help children in difficult circumstances to the purpose of begging or making the child work reach a place of safety. They arrange food, is a crime! clothes and sometimes even get toys for The IPC therefore is an important book kept the children. In every Police Station there at all Police Stations. Police look it up when is a person who is designated as the Child an offender is brought into the police station. Welfare Police Officer. The Child Welfare Depending on the nature of the offence (theft, Police Officer (CWPO) looks into cases of murder, kidnapping, pick-pocketing, eve-teasing, children and receives special training to and so many others!) the Police either lets the do her or his job. You can get to know offender go with a warning or files a complaint. your Police Station and the CWPO better! In this case, the offender is taken to a Court. Organise a trip with the help of your Village This is where the lawyers and judges work. Facilitator to your local Police Station to learn how it works. Also, while you are there take a look at the IPC book. It’s quite a huge book, so some of the new police personnel have to refer it every time a case arrives in the police station. But the old- timers must have used it for so long that they know some sections by-heart! These senior police team members have so many experiences of handling cases that they are a book by themselves!

26 In my Defense

Who are Lawyers? What do Judges Do? Lawyers are people who study and practice Law. Judges carefully examine evidences (proof!) Lawyers work in courts which are headed by presented by the lawyers. They listen to the Judges. Their job is to protect their client and arguments of the lawyers on either side. Finally, prove the other side guilty! So, they collect all the judge takes a decision after weighing evidences that will prove their client innocent. all evidences, statements and arguments. All the evidence is presented in the court before The judge’s job is to control how a particular the judge. Arguments presented by the lawyers discussion rolls out in the courtroom. Without are based on provisions given in the Law. the judge, the two lawyers would only argue For example, in a case of Child Sexual Abuse, the with each other! There would be no one to take lawyer of the victim will talk about provisions a fair and just decision, based on truth. Judges, in the POCSO Act and the Juvenile Justice Act. therefore are persons of high integrity; required Lawyers always attempt to get a judgement in to be impartial decision-makers and should their favour. ensure that truth and justice prevails.

Vandana tai’s land was forcefully taken over by her brother. She went to a lawyer who took up her case. Her brother was an influential man. He bribed people to give false statements. But Vandana stood her ground. The lawyer used the Hindu Succession (Amendment) Act 2005, to fight her case. The judges who heard her case, decided in her favour, which means she won the case and the land was hers. Truth and justice prevailed!

27 In my Defense

Who makes Laws? What are its functions? Some laws called National Laws are made by the Union Government. State Laws are made by the Did you Know? State Government. There is a lengthy process There are different courts in India to look that goes into the making of any law. It involves into different category of cases. Here is the a lot of consultations within the two houses of structure of courts in India: the Parliament before it is finalized. President of India takes the final call! Supreme Laws can be amended, meaning they can be Courts changed to suit the changed circumstances of society. For example, a new Juvenile Justice Act was enacted in 2015 replacing the old one. Earlier all children under 18 were protected by this law. Now, children in the age group of 16-18 High Courts years who have committed a heinous offence will be out of the protection ambit of this law. The Law has five key functions: 1. Making Rules 2. Maintaining order District and 3. Resolving disputes Sessions 4. Creating new rights Courts 5. Protecting existing rights. The Law requires people to live in an ordered and peaceful manner; co-existing with other members of the society. So, fights and Metropolitan arguments are okay as long as you don’t hurt Civil Judges anyone! But what if someone breaks laws and Judges this affects your rights? That’s what Courts are for! Courts are protectors of people’s rights, sometimes protecting rights even from the Government.

28 In my Defense

So then, what is a Bill? All Laws are born as a Bill! A Bill is the draft idea Did you Know? of the proposed Law. The Bill contains many The Parliament in India is the sections which are discussed by both the houses supreme law making body in the country. The in the Parliament. Parliament has powers to create, pass, call back Once it is passed in the Parliament it goes to or change laws. It has two houses – The Lok the President for his assent. If the President Sabha and The Rajya Sabha. The Parliament is approves, the Bill becomes an Act! It all begins headed by the President of India. Members of as an idea which is taken up by our elected the Lok Sabha and Rajya Sabha are called MPs representatives. However, not all ideas will be taken up by the Parliament. One has to justify or Members of Parliament. Members in State with reasons and evidences as to why such a law Assembly are called MLAs. Together all of them is needed. play key roles in the process of how an Idea becomes a law!

The Mazdoor Kisan Shakti Sanghathan (MKSS) story: In 1996, a group of activists at MKSS started a campaign called the National Campaign for People’s Right to Information. This led to the drafting of the Right to Information Bill. The group wanted the government to be accountable to its citizens. After all, we are the tax payers and the government runs with our money! We have a right to know where our money goes, the quality of the work, and if at all it is beneficial to the people. So, the Bill was presented in the Parliament. Discussions went on for years before it finally went to the President for his assent. The RTI Bill finally received the President’s assent in 2005 and became an Act! All of nine years for a Bill to become an Act! That is because many people did not want the Act to be passed. Why do you think there was so much of opposition to this Bill?

As you ponder, here’s the journey of a Bill to an Act in a nutshell...on the other side of the page!

29 In my Defense

The Journey from a Bill to an Act

A small group of committed citizens can surely bring about change, so says writer, Margaret Mead.

With effective planning and campaigning, a group of committed citizens along with their elected representatives can create new laws or demand for change (amendments) in existing laws.

This is the how an Idea passes through a journey of getting drafted, discussed and debated intensively before it becomes a Law.

The Idea now called a Bill is presented in Idea floated by a both houses of the 1 Citizen’s Group Parliament

4

Idea discussed with 2 Legislators 3 Legislators draft a Bill with the help of experts

30 In my Defense

IF the President gives his 8 assent, the Bill becomes an ACT

7 The President goes through the draft and asks for clarifications, if required

6 After discussion, the Bill is sent to the President for his assent

5 Each House discusses it in three meetings. Each section is debated and discussed

31

In my Defense

SECTION III KNOW YOUR LAWS

33 In my Defense PCPNDT Act Need for the Law THE PRE-CONCEPTION & The Census for year 1991 came up with a worrying data about girl-children. For every 1000 boys, only 927 PRE-NATAL DIAGNOSTIC girls were being born. 73 girls missing for every 1000 children born. Sex Ratio as this is called was lopsided! TECHNIQUES So where were these “Missing Girls”? In our country, not many people want daughters. A large part of our (REGULATION & society feels that girls are a financial burden on their families. Dowry, marriage expenses and all that! So, PREVENTION) Act, 1994 they think of ways to get rid of their unborn girls.

Ultrasound machines help doctors to see if the baby is alright in the mother’s womb. But some doctors misuse this life saving technology to find out if the fetus is a boy or a girl. To make matters worse, sex selection (using ultrasound machines) would be mostly followed by sex selective abortions! Simply put, it is the removal of the female fetus from the mother’s womb. This happens behind closed doors. Illegal clinics take a lot of money to carry out sex selection and sex selective abortions. Sex selection has its roots in our patriarchal society. Patriarchy means rule of the father or men. Ours is a society which values sons more. Therefore, birth of sons is celebrated. Birth of daughters is not celebrated so much! Take a deeper look at your own families and community. Do we welcome girls? Do we celebrate their success in education, sports, any other achievement? Do we respect her and treat her equally? When you find the answers of some of these questions, you may understand the need for this law better. People who got together to draft this Law were concerned about the “missing girls” who were denied their right to be born.

Did you Know? In a Research carried out in Mumbai, it was found that out of the 8000 abortions carried out, 7999 fetus were female and only one was a male! This research gave a lot of push to the preparatory process of drafting the Law. More recently, a 45 year old woman died while giving birth to her 14th child. This woman left behind 13 grief stricken daughters and a husband. What do you think must be the reasons for this woman’s death? Do you know of any such women in your village?

34 In my Defense

What does the Act say?

Sex selection is illegal and a punishable 1 offence! Parents cannot choose the sex of their child.

No sex selective abortions as well. Abortion is removal of a fetus. Sex selective abortion 2 means removal of fetus just because it’s a girl! No misuse of life-saving technology. Ultrasound machines especially are under 3 observation. The Act says use the machines only to detect if the baby is alright in the mother’s womb.

All the scanning units should compulsorily maintain a register with the contact details 4 of the patient who is undergoing a test.

Clinics should clearly put up a sign board in 5 local language saying that sex selection is a crime.

Jail, fine or both for those who break the law. This includes Doctors, Nursing Staff, 6 Radiologists and even parents and relatives.

No advertisements promoting sex selection or sex selective abortions. There are some clinics who do this even without 7 advertisements. If village community is watchful they can easily locate such clinics doing illegal practices.

Anyone, even children’s groups can make a complaint against such a setup. But make 8 sure you have adult support!

35 In my Defense

What can you DO?

Support the Village Health 1 Sanitation and Nutrition Day

Prepare a poster about girl achievers and 2 display it in a busy place.

Talk to your parents and grandparents. 3 Find out what they think on this issue. Do they support sex selection or are they against it? Share your findings in the Bal Sabha.

Visit your Anganwadi Centre, PHC to find out 4 how birth registrations are done.

Inform Child Protection Committee 5 members as soon as you get information about any clinic practicing sex selection

Lead the Bal Sabha to celebrate the birth of girl children in the village with special 6 programs

Supportive Schemes: Beti Bachao, Beti Padhao: Towards education and advancement of the girl children.

Majhi Kanya Bhagyalakshmi: A cash transfer scheme for girls in which government shares the costs of upbringing of the girl child.

Sabala scheme for out of school adolescent girls: Towards building life and vocational skills.

Bal Sangopan: Scheme for Foster Care of children

36 In my Defense

Need for the Law The JJ Act Ralu’s mother, Sona worked in a bangle-making unit for 12 hours a day making 200/- per day. Ratan Singh was her THE JUVENILE second husband. Ratan Singh hit Sona everyday till she bled. He would snatch her money, drink, gamble with it or JUSTICE (CARE AND spend it all. Ralu was 14 and he hated seeing his mother in such a state. One day, Ralu came back from his work at PROTECTION) ACT, the garage and saw Ratan Singh hitting his mother. But 2015 when Ratan Singh moved to attack his younger sister, Ralu thought no more and attacked him with a knife.

In 2015, Maharashtra recorded the highest number of murders, attempt to murder, dacoity, trespass, riots and theft cases registered against minors. Of which 128 were cases of murders, 61 cases of dacoity and 336 cases of robbery! These dear friends, are only few of the cases that actually reach the police stations. In reality, there are many more cases of children committing offences that never reach the police station! If children’s cases are registered, the Juvenile Justice (Care and Protection) Act comes to their rescue. There is a child friendly system that will treat the child as a child, not as a criminal. It believes in Reform (change for improvement), not in Punishment! Children get a second chance. A second chance in life is a very valuable thing. If used well, it can make you a better person!

But if offending children’s cases are not reported, it becomes difficult for the Law to protect them. For example, 16 year old Saira may have robbed many houses of valuables. But she has never got caught. So, Saira undetected by the Police, will continue with her risky habits. She may continue to live in an unsafe environment and maybe take theft as her choice of work even as an adult. Before you judge Saira, take a look into her background! If Saira had better opportunities, she would make better choices!

37 In my Defense

Think About This! Did Ralu have an intention to kill or did he want to protect his mother? Was Ralu pushed by circumstances to take such an action? Was Ralu a habitual offender? Did he often hit his parents? Did Ralu plan this murder? What kind of an environment did he live in? These are some of the questions that the Juvenile Justice Board tries to ask while looking at Ralu’s case. JJ Act divides children into two categories:

Child in need of care Child in conflict with and protection the law

This may include children in begging, This includes children who may have child who has met with an accident, committed an offence. child who has been rescued from labour Juvenile Justice Board is the Special or from trafficking, or a child who has Children’s Court for hearing offences been abused, or any neglected child. committed by children The Child Welfare Committee hears such cases and takes appropriate decisions.

What does the Act say? The JJ Act is a special Act for most vulnerable children who 1 live in difficult circumstances like Ralu did.

It also protects children who are injured, lost, abandoned, orphaned or facing abuse, violence and exploitation. 2

38 In my Defense

The JJ Board and the CWC are a group of trained social 3 workers who are sensitive towards children. They follow special procedures to help children based on the “best interest of the child”.

Covers ALL children upto the age of 18. But if a 16 year old has committed a heinous offence, the child will be treated 4 as an adult. JJ Act does not use the term ‘criminal’ for children. It uses 5 ‘child in conflict with law’.

There are different kinds of shelter homes which provide shelter, food, clothing, care and treatment to these 6 vulnerable children while their cases are being heard by the adults. Children are sent to different homes as per their age and sex. There are Homes for babies, for girls and boys, and for 7 differently-abled children. There is an open shelter home as well where children can stay for as long as they wish. This shelter home offers a lot of protection to street children especially for girls. There is an Observation Home (boys & girls separately) for children in conflict with law. Here they have the 8 opportunity to learn vocational skills, complete their studies and plan for a better future. Sometimes parents of children are not traced. So, children 9 are sent to homes. Other families wanting a child can apply for adoption of children from these homes. This way, children get a family and families get a child!

There is also a Sponsorship and Foster Care program. Under Sponsorship, government provides financial support to a child in need of care and protection. In 10 Foster care, child from a Home is placed with a family. The child stays temporarily with the family

39 In my Defense

Special Juvenile Police Unit (SJPU) is a special police unit for receiving children in conflict with law or in need of care and protection. Here there are friendly police persons called Child 11 Welfare Officers of Police who do not wear police uniform while interacting with children. The SJPU helps children to reach back to their families or to a safe place.

Sending children to a Home should be a last option! 12 Community should take care of its children.

What can you DO?

Help a child in trouble! Dial 1098, call the police or 1 inform the Child Protection Committee member.

Talk to the child who is engaging in anti- social activities like gambling, eve-teasing, fights, thefts etc. Most of these children 2 crave for good friendships. Maybe you can be their good friend! Display the names of the CPC members, Police, 3 1098 and other helpful people.

Report neglect of any child in your 4 community to the CPC and the Sarpanch

Supportive Schemes: 1. The Integrated Child Protection Scheme is a special scheme focused on vulnerable children.

2. Childline is a 24 hours, emergency, national helpline for children. If in trouble you can dial 1098. It’s a toll-free number. A friend from Childline will surely help you out in your emergency situation.

40 In my Defense

Need for the Law Ask any grandma about the day of her marriage. And we bet she was fast asleep when it all happened. What else can a 8 year old do during lengthy Indian marriages! PCMA Act Grandfather was sleepy too, but he was a bit older at 14 so PROHIBITION OF he managed to stay awake till they took the bride home. 8 and 14 years! Yes, those were the days when marriages CHILD MARRIAGE were decided between families, even before the children were born. You could see 10-year old widows who had ACT, 2006 never seen their husbands. Nor did they know the meaning of widowhood. Then, you would find 15 year old mothers, and 25 year old women with 5 children or a woman dying at 35 years… Such was the life cycle of women, with hardly any period of childhood! Boys too started an adult life right in their teens. But they had a comparatively easier life than girl-women.

Fact is, times have not changed much. We recently saw a photograph of a child marriage in a magazine, taking place in Rajasthan. This is in year 2018! Many children continue to face the ordeal of child marriage just like Grandma and Grandpa did. Just imagine Social Reformer, Raja Ram Mohan Roy had started his fight against child marriage in the period 1820-30s. We are soon moving towards the 2030s with our Sustainable Development Goals (Refer your book, “We, the Children”) Most of you will be grown up women and men by 2030. Do you think we will be able to achieve the goal of ending Child Marriage which Ram Mohan Roy had started in his times?

Did You Know? About 78.5 lakh girls were married while they were not yet 10 years of age! As per Census 2011 data, about 30.2% of all married women, (or 10.3 crore girls) were married before they had turned 18.

41 In my Defense

What does the Act say?

Girls can marry after they are 18, but boys 1 will have to wait till 21 years of age!

Even if one of them is underage, it will be 2 considered as a child marriage.

Planning to fix a child marriage? Get ready to go to jail! Parents, relatives, contractors, 3 priests, matrimonial sites, caterers – anyone involved in fixing a child marriage can be punished with fine or imprisonment or both.

Anyone can report a child marriage, even children! Best time to report is when it is being planned or just before the marriage. 4 Things may turn tricky once the marriage is over.

You can inform the Police. The Police will make an inquiry and report to the 5 Magistrate. Magistrate will pass an order to stop the marriage.

No disobeying the Magistrate’s orders! It can land you in jail and a fine is applicable as 6 well.

Bal Sabha needs to be alert in this matter! Don’t ignore the whispers in the community about a planned child marriage. Inform the PRIs, Police, Child Protection Committee, Social Workers, Government officers or any adult who can help stop it.

42 In my Defense

Food for Thought! Some adults in the community feel that you are going against tradition by stopping child marriage. How will you try and convince them?

16 year old Sunita does not like school and is willing to get married. She feels that you are interfering in her personal matter. What would be your arguments?

17 year olds, Rafiq and Saba are deeply in love and have plans to elope and get married. Do you think this is a good idea?

Schemes The Majhi Kanya Bhagyashree scheme gives some cash rewards to families who allow their daughters to complete her education, do some skills training and avoid early marriage. Supportive mothers and grandmothers are rewarded with cash, gold coins and certificates! Villages with child sex ratio of 1000 are given cash rewards. Girls receive 1 lakh rupees for skill development and higher education at age 18. Some of this maybe helpful for influencing the minds of families who think daughters are a burden. What do you think about this scheme? Will this make a difference?

The Kishori Shakti scheme and the SABLA scheme are for adolescent girls. They focus on self- development, empowerment and life skills. Life skills come handy when you are trying to negotiate a situation like saying NO to a forced marriage among a group of adults! Life skills make you think better, dialogue better, push your point, make the adults think from your point of view and give smart answers!

43 In my Defense

What can you DO?

Identify your peers who are planning to drop 1 out of school. Motivate them to continue school.

Organize meetings and public events in your village. Invite your Sarpanch to speak. Some of you must also speak in this event. When 2 children speak in public forums, adults surely listen.

Encourage parents to postpone marriage of their children till they are of legal age. Share the 3 benefits of education, vocational training and getting a good job before getting married.

In your public events, honor parents who 4 have decided not to go in for child marriage.

Make friends with the Police, keep the Childline number (1098) handy and 5 remember to inform the Child Welfare Committee if nothing else works out.

Therefore, a list displaying all these 6 important numbers is a must!

44 In my Defense

Need for the Law Every morning, Kashibai could be heard yelling at little RTE Act Banku. Time to go to school! Banku dislikes school. Half- heartedly, he gathers his seating mat and takes off for school. RIGHT OF In the classroom, he is punished with a cane for coming in late and made to stand in the corner. Later, he rolls out his mat in CHILDREN TO the last row of the class alongside other children of the lower castes. Banku struggles to stay awake in the class. In between FREE AND the teacher calls out demeaning names to him. Banku finds it difficult to understand maths. Or any other subject for that COMPULSORY matter. Most children in his class cannot read or write clearly EDUCATION even though they are in the 5th class. The teacher writes something on the board, asks everyone to copy it and leaves for the day to sit in the sun with a newspaper. Soon, other ACT, 2009 teachers gather around and start chatting. The children in all the classes pretend to study when actually they would be doing all kinds of mischief.

Everybody talks about the importance of a good education for children. Even the poorest of the parents wish to give their children a good education. But our education system fails many children like Banku who would eventually drop out of school. The teachers do not make an effort to engage children. Children are treated like empty boxes in which information will be filled in! Teachers do not respect children, nor do they recognize their potential. In the end, the child feels burdened, unhappy and restless in class. Like Saba who would rather mind her younger siblings, Banku too feels he would be better off outside school. He might as well go for work with his older brother who had somehow passed class 7th. Children like Saba and Banku are on the verge of being drop- outs. Eventually they would enter the labour force. Thus, compromising on all the growth and development opportunities in their life. The Right to Education Bill was discussed and debated for many months before it became a Law. There is so much of work to be done in the Education system!

45 In my Defense

What does the Act say?

1 Ensure qualitative education for all children!

Improve teacher-student ratio so that the 2 burden on teachers is removed as well.

Free and compulsory education to all 3 children of India in the 6 to 14 age group.

No child shall be held back, expelled or required to pass a board examination until 4 the completion of elementary education.

If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. If required, 5 the child will also receive special training to help him/her to catch up with their studies.

For the purpose of admission to elementary education, the age of a child will be determined on the basis of the birth 6 certificate

No child shall be denied admission in a 7 school for lack of age proof

46 In my Defense

A child who completes elementary 8 education shall be awarded a certificate.

Twenty-five per cent reservation for economically disadvantaged communities in 9 admission to Class I in all private schools is to be done.

Improvement in the quality of education is 10 important.

School teachers will need adequate 11 professional degree within five years or else will lose job.

School infrastructure (where there is a problem) need to be improved in every 3 12 years, else recognition will be cancelled.

School Development Plan will be prepared jointly 13 by the School Management Committee.

Supportive Schemes: Sarva Shiksha Abhiyaan: A scheme to ensure Elementary Education for all children

Mid-Day Meal: Provides for hot cooked meals to all school children

Scholarships for girls: various scholarships which encourage girls to complete their studies

47 In my Defense

What can you DO?

Attend school regularly! Encourage your 1 friends to do the same.

Organize evening classes for children who are weak in their studies. Older children can 2 help coach younger children.

If there are inadequate facilities in your school, 3 write to your Head Master and the School Management Committee. Follow up on the letter.

Ensure regular Bal Sabhas to discuss problems shared by other children. 4 Inform the SMC about such issues.

Support the school enrolment drive at the beginning of the year. Out of school children 5 respond better when school going children encourage them to return to school.

Say No to Corporal Punishment! 6

Ensure there is a suggestion/question box installed in the 7 school where children can give in their suggestions.

48 In my Defense

POCSO act Need for the Law This happened years ago when we were children. We THE PROTECTION were in class 10th. What Charu said shocked us all. Her mama had been sexually abusing her for 8 years OF CHILDREN now! It was impossible to believe because we all knew mama since we were small kids. He was a very lovable AGAINST SEXUAL man, made everyone laugh and we all enjoyed being with him. It can’t be true…we all thought in unison. OFFENCES ACT, Seeing the looks of disbelief on our faces, Charu left quietly. We were numb with shock. All this while we 2012 had only teased her and called her ‘moody’…

In the year 2007, the Ministry of Women and Child Development conducted a survey on Child Sexual Abuse. 53.22% of children had reported being sexually abused! In maximum cases, the abuser was a known and trusted person. The abuser would be hurting a child for years and never get caught! Ten years later, nothing much has changed. Why does this happen?

You must have heard about “the culture of silence”. Talking about certain issues is forbidden. Love, sex, attraction, relationships, our bodies, feelings associated with our bodies are some topics where open conversations are taboo. All of us know what happens in the family when a romantic scene comes up on the television! Since adults are not comfortable discussing these topics with children, very often they attempt to escape any conversation on this. Children emulate their adults thinking that it is ‘bad’ to talk about their own bodies! Even when they meet with bad experiences, children remain quiet. This culture of silence shields the abuser. He manages to easily get away. And worse, continues to abuse the child! Just imagine, what we can achieve if we break this culture of silence!

The Protection of Children from Sexual Offences (POCSO) Act came into effect on Children’s Day on November 14, 2012. Sexual offence is when someone tries to touch your body without your permission, when you don’t like the bad touch, it makes you feel uncomfortable, when the offender threatens you and hurts your body. Also, if someone looks or gestures to you in a way which makes you feel uncomfortable or shows you pornographic material. All of these are sexual offences!

49 In my Defense

Did You Know? Contrary to popular belief, boys are sexually abused as well. Like girls, boys too feel ashamed, guilty or unsure about reporting the abuse and seeking help. Boys in the age group of 8-10 years have reported being sexually abused by older boys and men. Many boys are repeatedly sexually abused by men known to them. Women can be sexual abusers too.

Children who live on the streets, child labourers, and children living in residential shelter homes and hostels are most vulnerable. We need more adults and children’s groups to reach out and build a safety net for ALL children!

What does the Act say?

The Act creates a special child friendly 1 system for dealing with cases of sexual offences against children. There are separate courts, police personnel and procedures to handle such cases.

The child’s identity will not be disclosed in public especially by the police, judiciary and 2 media.

The child receives a compensation for 3 medical treatment and rehabilitation

The Act explains different types of sexual offences and punishment for each of these 4 offences.

50 In my Defense

Sexual Harassment The offender may not touch you, but harasses you with a sexual Penetrative Sexual Assault intent. For eg. passing comments When the offender inserts his on your dress, whistling, stalking, private parts, finger, tongue or exposing their private parts, objects into your private parts; threatening to use your personal or makes you do the same to him, information among others. or forces you to do the same to another person.

Sexual Assault When the offender forcibly touches your private parts or Aggravated Penetrative Sexual makes you touch his private Assault parts, or force you to touch other person’s private parts with a When the offender doing the sexual intent. Doctors may touch penetrative sexual assault is your private parts while doing a person in authority. Like in a medical examination, but that Aggravated Sexual Assault. may not have a sexual intent.

Aggravated Sexual Assault Use of Pornography When the offender forcibly When the offender shows you touching your body is a person pornographic material (these can who has some influence or be magazines, films, photographs power over you. For example, a showing men and women in Policeman, relatives, government sexual acts) or if he tries to officer, teacher, doctor, security photograph or make video of your guard in your school, employer or naked body, watches it or shows it even your landlord. to others

51 In my Defense

Supportive Schemes Under the POCSO Act, the Special Court directs the State government to pay compensation to the survivor of the sexual abuse within 30 days. While no amount of money can compensate for the trauma faced by the child, the Special Court calculates the compensation money based on the gravity of each case of sexual offence.

Manodhairya Scheme: Financial assistance of Rs. 3 lakhs and in special cases, Rs. 10 lakhs, is provided to the survivors of sexual abuse and violence. The scheme has provisions for shelter, counseling, medical and legal support, education and vocational training.

Did You Know? In our country, the government conducts CENSUS every 10 years. The Census gives us information about people, families, villages, cities, states and overall the country. Through the Census we get to understand the status in terms of Health, Education, Water & Sanitation, Status of women, children and so much more. Enumerators reach every single house to collect information. It takes a lot of time to complete this process and bring out a report. But in the end, this helps the government to plan better programmes for its citizens. Based on the findings of the Census, the government also introduces new schemes and programs to benefit the poorest sections of the society.

52 In my Defense

What can you DO?

Know your Child Protection Committee 1 members well. Share information about laws with them.

Hold meetings in schools and with out of school children as well in a safe place where 2 the children will be able to talk freely.

If you find any serious case of sexual abuse as reported by a child, immediately share the 3 information with your Child Protection Committee members, Village Facilitator, Sarpanch or any other adult. Know your police station, procedures for filing a complaint and relevant sections of the POCSO for 4 each sexual offence well. If you are well informed, you can help the child better.

Help break the culture of silence! Ask your adults questions. Your Village Facilitator has plenty of 5 information on various topics. The more you ask, the more you will know!

Support child survivors of sexual abuse. Encourage them to participate in activities and mingle with other 6 children. Help them return to normalcy. This may take some time, so let’s be patient, sensitive and caring towards them.

53 In my Defense

Need for the Law In the 2011 Census, it was found that 4.35 million working children are in the age group of 5-14 years. Our CLPRA Act Constitution says it’s the Fundamental Right of children to NOT engage in hazardous work. But you can look around THE CHILD LABOUR in the brick kilns, fire-work factories, mines, processing (PROHIBITION units and see how the Fundamental Rights of children are being violated. Children make labour cheap. They AND REGULATION) work for less than half the rates of adults! They do not protest. They can be easily dominated. They do not know AMENDMENT ACT, about their rights. Also most children contribute to their family income. At a very tender age, children enter into 2016 the adult role of bread-winners. The pressure is immense and children hardly ever complain. Employers are always looking for cheap labour.

In a large country like ours, there is never a dearth of child workers. More and more younger children are entering the labour market. This pushes children further into poverty. Just in case you are interested, most of these children are those who have dropped out or walked out of schools! Or should we say, have been pushed out of schools? Why do you think children leave schools? Would it have been any different if schools were interesting? Why do you think children start working at a small age? Are there any working children in your group? Are they forced to work or do they work on their own will? While children work, what do the adults in the family do? Think, find out and think some more! UNICEF, an organization which works for the realization of child rights defines child labour as child labour any child between the age of 5-11 years, if doing paid work for at least one hour a day or 28 hours of domestic work in a week, or 42 hours of paid work plus domestic work per week.

54 In my Defense

The Old law The New Law

In 1986, a law was passed on In 2016, The Child Labour (Prohibition Prohibition (stopping) and Regulation & Regulation) Amendment Act was (control) of Child Labour. It had introduced but people concerned a list of hazardous (dangerous) about working children opposed occupations where children could it. That was because the list of not be employed. But it was a poorly hazardous occupations was reduced done list! So, the list was revised from 83 to just 3! Children were twice. Both times, people concerned allowed to work in family businesses, for working children pushed the as artists and in sports. Surprisingly, government to add more occupations the Act did not include hazardous to the list. About 83 occupations were work like brick kilns, chemical listed as hazardous. factories, home-based piece rate work and caste-based occupations like waste-picking. Also, adolescents in the age group of 14-18 years were not allowed to work in hazardous occupations. Why do you think it was important to revise this list and add more hazardous occupations? Can you list some occupations where children should not be employed?

55 In my Defense What does the Act say?

Before that, let us remind ourselves that the 1 Constitution prohibits all forms of forced and bonded labour!

The Act creates two categories of children: Children under 14 years and adolescents in 2 the age group of 15-18 years.

Work is categorized into hazardous and non- 3 hazardous work. Children below 14 years cannot be employed in hazardous occupations as per 4 the list. The complete list can be found in another Act called the Factories Act, 1948.

Place of employment includes shops, farms, factories, garages, mines, tea gardens, 5 hotels and many such places where children are into paid work.

Any work that interferes with the child‘s growth, development or health is considered 6 harmful. Hence children are not allowed to do any such work.

Anyone who employs a child below 14 years 7 of age will be punished under this law with fine and imprisonment or both.

56 In my Defense

The Debate: Working Children or Child Labour? People who are concerned about children at work, often debate on this question. Most people say that children should not be allowed to work at all. All work is damaging. Children should be in school instead, free, playing and doing things that they love to do. They say labour is for adults, not for children. They also feel that child labourers face exploitation, abuse and miss out on their childhoods. So, this group of people totally oppose child labour, as they call it. For example: children working in mines or in factories. Some people say that not all work is bad. Certain kinds of work actually help children learn. They also feel that children enjoy doing work where they can pick up skills and prepare for an adult life. Such work does not exploit children, is not harmful to their growth and development and does not restrict their freedom. According to this group of people, certain kinds of work actually help children! For eg. Children working in fields learn farming skills.

What do you think? Discuss this with your Bal Sabha and see what emerges!

What can you DO?

Learn more about working children, their work places and working conditions. 1 Who knows you may discover something important!

Girls who drop out of school often spend most of their time looking after siblings and 2 taking care of the house. Do make sure these girls attend the Bal Sabha as well!

Ask your Village Facilitator to request your 3 teachers to take extra classes for drop outs who wish to study further. You can help them as well!

Some of the children may want to learn some new skills. Why not find out from 4 the Village Facilitator about skills training programs for children?

57 In my Defense OTHER LAWS RELATED TO CHILD LABOUR

The Factories Act, 1948: 1 This Act clearly states that no child below the age of 14 years can work in any factory. Children in the 15-18 years age group can work. But there are rules on what kind of work they are allowed to do, for how long and when! Do some fact-finding on your own! Plan a visit to the nearest factory. Take permission from the owners to do a tour of the factory. Observe and take notes. Are there any children working in the factory? How old are they? What kind of work do they do? How many hours do they work? What protection do they get in the place of work? Holidays? Break for studies? Rest? Ask as many questions as you can. If the factory owners do not allow you, you can always meet the workers outside when they return home.

2 The Mines Act, 1952: This Act says no child below the age of 18 years can work in a mine. Well, some of you may have access to the internet. Why not try this out? Write “child workers in mines in India” in the search engine and see what you get! That perhaps is the tip of the iceberg. There is more to it!

58 In my Defense

The Bonded Labour Act, 1976: 3 Imagine that your parents have taken a loan to meet some expenses. Then, they are unable to pay it. The moneylender makes a deal with your parents. He takes you as a saalghadi (bonded labour for a year) to his house! You will stay in the moneylender’s house and do all work that he wants to be done, at any point of time. You cannot complain, cannot attend school, rest much or even eat to your fill, make friends, talk to anyone much or get any money! This is a way of repaying your family’s debt. By being a slave! Bonded Labour thrived in India also because of the caste system. The lower classes were oppressed by the upper castes. People would live the life of a slave for entire generations and believe it was their destiny. But some social reformers questioned this and things started changing. Many feel that the system of bonded labour no longer exists. But if you go into the poorest communities, you will find children in bonded labour.

59 In my Defense

PWDA Act Need for the Law THE RIGHTS OF Most often than not, you will find children teasing a particular child calling him “pagal” “buddhu” “mental” PERSONS WITH “langda” “goongi” “half-mad” and so on. The Rights of Persons with Disabilities Act addresses all such persons DISABILITIES ACT, who are being teased. We are talking about people who are blind, deaf, mute, maybe on a wheelchair, with autism 2016 and a range of conditions which somewhat slows them down. Many are wrongly informed about the “abilities” of differently-abled people. So, they look at them with a lot of pity! Or with disdain. Some think they are cursed.

Fact is, all of us are differently-abled in some way or the other. For example, some of us have an issue with maths. We black out in algebra class! But some other kids are maths masters! Some of us cannot talk in public. Some are great orators. Some are clueless about politics, and someone can debate so well on children’s rights in the Gram Sabha! So, some things we can do, some we cannot. Doesn’t mean we are lesser beings! A person who is ‘blind’ cannot see with their eyes. But have you noticed their other abilities? Our young visually challenged friend (yes, that is what we call her) is a talented singer and she dreams of becoming a software engineer someday. Stephen Hawking has autism. Does that stop him from being the world’s smartest physicist ever? Not only some children, but some adults and some structures are insensitive too! Imagine a person in a wheelchair at a public bus-stop or wanting to use a public toilet. Most of the public places and systems are not conducive for the differently-abled. So, their mobility is restricted not because they are differently-abled but because of the ways our public systems are built. The Rights of Persons with Disabilities Act addresses all these issues. It protects the rights of differently-abled people to live a life of dignity, with equal rights. Easier said than done! In the earlier days, differently-abled people were called ‘Handicapped’. But then people found the term demeaning. So, quite a few alternative terms were explored – ‘Special People’, ‘Physically Challenged’, ‘Visually Challenged’ ‘Differently-abled’ and so on. We think its best to use terminology which talks about abilities rather than disabilities. What do you think is the correct term to use?

60 In my Defense What does the Act say?

Equal opportunities for all people including 1 differently-abled children.

This includes Right to Education, Employment, Vocational Training, Job Reservation, Access to barrier-free 2 environments (ramps, toilets for the differently-abled)

The Act also ensures social protection for the differently-abled. For example, providing 3 tricycles, hearing aids, Braille systems, wheelchairs etc.

Differently-abled children can attend regular school with other children. The School has to 4 make special arrangements to accommodate children with different abilities.

There are special homes for differently- abled children who face more challenges. 5 Here the children can get specialized care, treatment and attention.

Supportive Schemes Our National Policy on Education encourages the integration of differently-abled children into mainstream schools. It recognizes the fact that children with single or multiple conditions do better if they get an inclusive environment with ALL children.

The Sarva Shiksha Abhiyaan says that differently-abled children should be provided education in an “appropriate environment”. But we have a really long way to go before we reach there!

Differently-abled children also receive scholarships from the government. The Maharashtra State Road Transport provides concessional travel for the differently-abled.

61 In my Defense

What can you DO?

As per your list, check if the children are 1 receiving all entitlements due to them

Ensure that the School Development Plan has provisions to make the school conducive for differently-abled children. You can hold a meeting 2 with the SMCs to put forth your suggestions

Bal Sabha can help list all differently-abled children in their villages. You may tally it with the 3 list available with the Panchayat to see if any child has been left out.

Help differently-abled children in their 4 everyday tasks like reading out to visually challenged children,taking notes and helping them write their exams.

Ensure participation of all differently-abled 5 children in the Bal Sabha meetings and encourage them to raise their issues as well

Extend help generously to parents of 6 children with multiple disabilities. You may even offer to watch such children when the parents are busy.

Support differently-abled children to 7 improve their mobility both within and outside the village.

62 In my Defense

Need for the Law Durga was gone. It had been 12 days now. Our young friends PITA Act were worried. Earlier everyone thought she must have gone with her good friend Ramesh. They liked each other IMMORAL a lot. But then, Ramesh called a few days ago. He was in Gujarat working in the cement factory. Durga was not with TRAFFICKING him! Her parents wept their hearts out. . .in vain. Neither the bus drivers, the shop keepers, her school mates not PREVENTION ACT, even her best friend knew where Durga had gone. A case was registered at the Police Station. We all wished Durga 1986 would return home soon. . .

But then it’s a story that you can very often hear in villages, towns and cities. A 14 year old who had run away from home because his father hit him. A girl in search of a better job to look after her family. Another girl who has been lured by promises of marriage by a young man. A boy perhaps who had climbed onto a bus to see Shah Rukh Khan’s house in Mumbai. Or the boy who went with the contractor and never came back… In India, on an average, 180 children go missing everyday. Our young friends ask, “How do these children disappear? Where do they go? Why aren’t many of these children traced? Even if some of them are found, what happens to these children?” In India and in many other countries, human trafficking is a thriving business! It is a well connected network with many powerful people in it. The only intention of this network is to make money out of the sale and purchase of human beings. Also known as PITA, the Immoral Trafficking Prevention Act, 1986 talks about trafficking in the context of the sex trade. Under PITA, any person who induces a child into the sex trade can be punished with fine, imprisonment or both. Also, any person involved in the process of helping the process of forcing a child into the sex trade will also be punished. Humans especially children are trafficked for many other purposes including marriage, domestic work, bonded labour, for procuring their body organs etc. Since ours is a very large country it is very difficult to keep track of the actual numbers of children who are trafficked within the country and outside it! As part of the PITA, an Anti-Human Trafficking Unit is set up in every district. Together all the Child Rights Laws, especially JJ Act, POCSO, PCMA can help prevent and protect children from falling prey to human trafficking. However, there is nothing better than prevention! If only all village and mohallas had their own Child Protection Committees!

63 In my Defense

About Some of the Laws that Cover Child Trafficking: There is no law that specifically focused on Child Trafficking!

Trafficking of Children is covered under the Immoral Traffic (Prevention) Act 1986, which looks at children being pushed into the sex trade.

JJ Act covers care and protection of trafficked children and also rehabilitation of children with family and community. Some State Acts (Acts that are made by States. Remember some Acts can be made by the State and some by the Union Government as well) cover Child Trafficking like:

Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988

Bombay Prevention of Begging Act, 1959

Bonded Labour System (Abolition) Act, 1976.

Child Labour Prohibition & Regulation Act, 1986

Child Marriage Restraint Act, 1929

Information Technology Act, 2000.

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

Transplantation of Human Organs Act, 1994.

All the above Acts have some sections that cover Child Trafficking. However, there is no one dedicated law for covering Child Trafficking

What can you DO?

Find out if there is a Child Protection 1 Committee in your village. If not, ask your Village Facilitator to consult the Panchayat members and set up one.

64 In my Defense

A truly functional CPC will ensure a safety net for ALL children in the village. A couple of members from the Bal Sabha can be CPC 2 members too.

Ask your CPC to keep a check on outsiders coming into your village offering jobs, businesses, 3 work outside the village or information about some schemes.

Trust your intuition! If you find any person 4 suspicious, report them to the CPC right away.

Help your CPC members make a migrant 5 registers in your village which will have information about all migrants leaving the village including their contact details, place of work, employer, duration of stay and any such detail that will help track the person to the place.

Missing child complaint should be lodged at 6 the nearest police station at the earliest Conduct awareness programs in schools and 7 encourage your peers to discuss their fears with a concerned adult.

Build a sharing centre where you can invite 8 children to share their problems.

Most missing children were reported to 9 being lured by very simple things like a piece of chocolate, a packet of gutkha, ice-cream! Discuss this with the children in your Bal Sabha.

65 In my Defense

Need for the Law SC/ST PoA Act Our Constitution guarantees us a dignified life that is free from discrimination. As human beings we are SCHEDULED CASTES all equal before the Law. Discriminatory practices like Untouchability is a punishable offence under the “The SCHEDULED TRIBES Protection of Civil Rights Act, 1955”. The practice of untouchability demeans persons belonging to the so- PREVENTION OF called “lower classes” and is an attack on their dignity. Untouchability is an oppressive outcome of the caste ATROCITIES ACT, system in India. It is an inhuman practice and Dr. Ambedkar had passionately advocated for laws against 2015 untouchability.

However, untouchability continues in modern day India in many subtle ways. For example, waste- picking is still a caste based occupation. Majority of waste pickers are from lower castes who have been doing this job for generations now! Supposing a child from this community gets well-educated and gets a good job, he or she still faces a lot of discrimination. Most upper caste people refuse to sit with them on the same level, or interact with them as equals! In many tea shops across the country, you can see tea-shops having separate cups for people from the lower classes. The “Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act protects the SC/ST communities from violence and discrimination. Special Police Stations and Courts are set up for hearing cases related to SC/ ST atrocities. As responsible citizens, it is our duty to abolish all these inhuman practices. Children must come forward to play an active role in treating everyone equally irrespective of their backgrounds. All people are equal before the law. And our Constitution guarantees all its citizens equality! So, why should one section of its citizens suffer because of age-old traditions which are deep-rooted in unjust practices. Thankfully, reservation has ensured that members especially children from the SC/ST communities have equal opportunities. So, today you can find people from the SC/ST communities in government jobs, in political parties and important roles. In some regions, especially where mining activities are done, dams, big factories, roads are being built on adivasi land, the people still have to struggle. Find out the status of SC/ST community in your village, especially of the children. Look for hidden or subtle discrimination in the behaviours of elders towards members of the SC/ST community. Fight these behaviours! We cannot hope to be equal till all these regressive practices are done away with.

66 In my Defense AS WE MOVE AHEAD

As a country, we do have quite some good laws Through this book, we hope you may have been for children. The challenge is that they are not introduced to some of the issues of vulnerable implemented timely! If laws do not act at the children that need urgent attention and action. right time, they remain mere words written on Even as we read through these pages, lakhs of paper. Laws come alive when people put them children are falling prey to risky situations. Some into use. For example, a village community may day we hope, some of you will develop an interest know about the Prohibition of Child Marriage in Law, Rights, Justice and carry forth the work of Law, but doesn’t do anything about it. Police work upholding, promoting and protecting rights of all around laws all the time. Do they do it in time? Do children! they do in the best interest of the child? Are they interested in the rights of children? Till then, Lawyers may study Law all the time, but do they Enjoy reading, learning and doing! take up cases on their own? Do we have a judiciary in the district places who interpret laws so that its pro-child? Juvenile Justice Boards and Child Welfare Committees are in place, but are they well-trained? Do Panchayats pass resolutions that benefit and protect their children to the maximum? Do organizations working for and with children take up advocacy issues of children and push for children’s rights? Do children’s groups themselves come forward and raise their voices..? So dear friends, knowing about Laws, Policies and Schemes is one thing. Getting them into Action is another!

67 In my Defense BODIES & MECHANISIMS TO ENSURE CHILD RIGHTS

National State Ministry Juvenile Human Rights Commission for of Women Justice Boards Commission the Protection of and Child Child Rights Development

Ministry Ministry of Ministry of Child Welfare of Social Health and Human Resource Committee Justice and Family Welfare Development Empowerment

National Ministry Commission of Labour and State Human Special Juvenile for the Employment Rights Police Unit Protection of and related Commission Child Rights bodies

At the village level, we have the Village Child Protection Committee.

68 In my Defense IMPORTANT HELPLINES FOR CHILDREN

Childline 1098 Police 100 Ambulance 102

These numbers may come handy.

Find the local contact numbers and write them down. You can also add more people you think should be on this list.

Women’s Helpline :

Child Welfare Committee Members :

Local NGOs :

Child Protection Committee Members :

Anti-Ragging Helpline :

Community Development Officer (CDO) :

Panchayat Members :

69 In my Defense GLOSSARY OF TERMS

AIDS Acquired Immunodeficiency Syndrome ANM Auxiliary Nurse and Mid-Wife ASHA Accredited Social Health Activist AWW Anganwadi Worker BDO Block Development Officer CDO Community Development Officer CEO Chief Executive Officer CLPRA Child Labour Prohibition and Regulation Act CPC Child Protection Committee CWOP Child Welfare Officer of Police HIV Human Immunodeficiency Virus IPC Indian Penal Code JJ Act Juvenile Justice Act MDM Mid Day Meal MLA Member of Legislative Assembly MSCPCR Maharashtra State Commission for Protection of Child Rights NGO Non-Governmental Organization PCMA Prevention of Child Marriages Act PCPNDT Pre-Conception & Pre-Natal Diagnostic Techniques Prevention Act PHC Primary Health Centre PITA Immoral Trafficking Prevention Act POCSO Protection of Children from Sexual Offences PRI Panchayati Raj Institution RTE Right to Education RTI Right to Information SC/ST Scheduled Castes and Scheduled Tribes SDG Sustainable Development Goals SMC School Management Committee SSA Sarva Shiksha Abhiyaan UNCRC United Nations Convention on the Rights of the Child VHSND Village Health Sanitation and Nutrition Day XIV FC Fourteenth Finance Commission

70 In my Defense READING & REFERENCE LIST

AIDS Acquired Immunodeficiency Syndrome ANM Auxiliary Nurse and Mid-Wife ASHA Accredited Social Health Activist 1. Mulga Mhanje Kay, Mulgi Mhanje Kay? - Kamla Bhasin AWW Anganwadi Worker 2. Laal Kitaab and Neeli Kitaab - Tarshi BDO Block Development Officer CDO Community Development Officer 3. Kaash Mujhe Kisine Bataya Hota! - Kamla Bhasin CEO Chief Executive Officer 4. Khatra School! - Bharat Gyan Vigyan Samiti CLPRA Child Labour Prohibition and Regulation Act CPC Child Protection Committee 5. Sarla se Bani Sarlaji - Bharat Gyan Vigyan Samiti CWOP Child Welfare Officer of Police 6. Bacchon ki Kachahri - Bharat Gyan Vigyan Samiti HIV Human Immunodeficiency Virus 7. Geet Vacha - Vacha Trust, Mumbai IPC Indian Penal Code JJ Act Juvenile Justice Act 8. Bole Kishori - Vacha Trust, Mumbai MDM Mid Day Meal 9. Meena Films, books and posters By UNICEF MLA Member of Legislative Assembly MSCPCR Maharashtra State Commission for Protection of Child Rights 10. Video: Mulichya Jatila Hey Shobhat Nahi! - Media Matters NGO Non-Governmental Organization 11. Video: Mulana Kay Kaltay? - Media Matters PCMA Prevention of Child Marriages Act 12. Video: Amchi Bal Panchayat - Media Matters PCPNDT Pre-Conception & Pre-Natal Diagnostic Techniques Prevention Act PHC Primary Health Centre 13. Komal – A Film on Child Sexual Abuse PITA Immoral Trafficking Prevention Act 14. Hamare Samay Mein Shram Ki Garima – Eklavya POCSO Protection of Children from Sexual Offences PRI Panchayati Raj Institution 15. Hamare Samvidhaan Mein Mul Adhikaar Aur Kartavya – Eklavya RTE Right to Education 16. Mere Suraksha Ki Kitaab – TULIR RTI Right to Information 17. Poster: What is Child Abuse? – TULIR SC/ST Scheduled Castes and Scheduled Tribes SDG Sustainable Development Goals 18. Poster: Smart Ways to Keep Yourself Safe – TULIR SMC School Management Committee 19. Website of Aarambh India: Bal Suraksha Sansadhanhttp://aarambhindia.org/hindi/ SSA Sarva Shiksha Abhiyaan UNCRC United Nations Convention on the Rights of the Child VHSND Village Health Sanitation and Nutrition Day XIV FC Fourteenth Finance Commission

71 In my Defense

72 Department of Rural Maharashtra State Commission UNICEF State Office Development and Panchayati Raj for Protection of Child Rights for Maharashtra Government of Maharashtra