Child Rights Centre Chanakya National Law University, Patna cky vf/kdkj ok.kh% CNLU Child Rights Bulletin
Newsletter Published by CRC Inaugural Issue/March 2019
EDITORIAL BOARD VICE-CHANCELLOR'S MESSAGE
Patron in Chief Justice Smt. Mridula Mishra Vice Chancellor, CNLU, Patna Patron Shri Manoranjan Prasad Srivastava (Retd. District Judge) Registrar CNLU, Patna Editor in Chief Ms. Sneha Centre Coordinator, CRC, CNLU, Patna Managing cum Executive Editor Ms. Sugandha Faculty Coordinator, CRC, CNLU, Patna Editorial Advisory Board Dr. Fr. Peter Ladis.F Assistant Professor of Law, CNLU, Patna Dr. Vijay Kumar Vimal REGISTRAR'S MESSAGE Lecturer of Law, CNLU, Patna Ms. Nandita S. Jha Lecturer of Law, CNLU, Patna Ms. Sushmita Singh Teacher Associate, CNLU, Patna Mr. Vijayant Sinha Teacher Associate, CNLU, Patna Ms. Pooja Srivastava, Teacher Associate, CNLU, Patna Associate Editor Mr. Chandan Kumar Sinha Programme Coordinator CRC, CNLU, Patna Mr. Shivjee Prasad Senior Library Assistant, CNLU, Patna Ms. Kumari Amrita Senior Library Assistant, CNLU, Patna CRC-A VISION FOR THE CHILDREN OF BIHAR
Proposed to be a specialized research Keeping in line with what Shri Vijay law and practice in such a way that centre to assist the different ensures the rights provided to the stakeholders in protection and children under the Constitution, CRC, development of child rights, Child SDGs and other normative frameworks. Rights Centre (CRC) was inaugurated on 20th November, 2018 by Shri Vijay Kumar Chaudhary, speaker of Bihar Legislative Assembly. The event was graced with the presence of Hon'ble Justice Smt. Mridula Mishra (Rtd, Patna High Court) Vice Chancellor, Chaudhary said, CRC is a research CNLU, Shri Manoranjan Prasad centre striving for identication of Srivastava (Retd. District Judge), child right issues and development of Registrar, CNLU, and many dignitaries comprehensive child right laws. In a Our crusade, to achieve the proper from UNICEF. time when the state has been shaken by r e c o g n i t i o n a n d e f f e c t i v e the developments of the Muzaffarpur implementation of the rights of child, Shelter home case, it is felt that there is must start from our own institution. need of more vigilance to protect the We aim to integrate teaching, research, cause of the children. The centre will and eld action on child rights within act as a protector of the constitutional CNLU and to impact the discourse on rights of the children. The centre is child rights, the legal education at determined to engage with child rights CNLU and to develop a cadre of from multidisciplinary perspective trained child rights professionals. and to provide integrated technical Apart from this, the Centre will devise At the occasion of Inauguration, Shri support to different layers of approaches to use the human right Vijay Kumar Chaudhary asked the institutional governance at local, state institutions and quasi-judicial concerned departments and civil and national level for protection of institutions such as Child Welfare society organisations to identify the child rights. Committee in a way to ensure justice basic requirements of children and each child. This will be achieved prepare a comprehensive plan for through academic collaboration, safeguarding their rights. He further outreach programs, research, said, “In several cases, the protectors of children's right become their predators for serving their own vested interest. Intellectuals must remain vigilant against people or organizations playing
The Child Rights Centre aims to serve as an academic and research support available at the disposal of the institutions involved in child rights organizing conferences, seminars, protection. The centre strives to evolve workshops, symposiums, etc. on and support effective delivery and issues of child rights and other response system for children, their appropriate interventions on child families and communities. The vision rights law specically in the state of with the lives of the innocent children.” of the Centre is to contribute to policy, Bihar. 1 Achieving any sort of success is not possible, unless and until you have a pre-dened strategy. We at CRC have a clearly dened strategy to achieve the goal of effective implementation of the Child Rights. Strategies to achieve our goals are
Human Rights Approach : We Building Partnership : The centre Inter-disciplinary Approach : To advocate child rights as a human rights aims to create network and alliances achieve the goal we seek to adopt an issue and promote commitment and with all the stake holders and approach which cuts through various accountability among stake holders in institutions that are involved in d i s c i p l i n e s . To i m p r o v e t h e delivering child rights as their primary enforcement of child right in such a enforcement of child rights we will obligation recognizing respecting, and way to harness our partnership to carry out studies across various elds enforcing the UN CRC. i m p r o v e t h e l a w a n d p o l i c y and disciplines to contribute to law, environment relating to child. policy and practice on child rights.
Research : The centre seeks to Advocacy : We advocate change in undertake various kinds of research in child rights through the law review and order to review the existing laws of the by proposing best mechanism for state and also to carry out research in implementation of child rights. We unexplored areas and propose new thus want the government and laws also. authorities to be sensitive about the issue of the child rights.
At Child Rights Centre, we are mainly engaged in three kinds of activities. We aim for academic enrichment of the students by providing them opportunities to understand the issue at the ground level through the means of exposure visits and internships with child rights institutions. We aim at capacity building of various stake holders in a way such that we can prepare a cadre of people who are trained in child laws. Apart from this the most important part of our work is research and advocacy, through which we aim to carry out research with perspectives which are still unexplored in eld of child rights and thereby promote the issue of child rights in the society an important and critical aspect of society. The three pillars of our work are:-
Academic for Students Capacity Building Research and Advocacy
l Socio-legal events at adopted l Design appropriate modules, l Documentation of various best villages. design courses and prepare practices, case law l Internships with child rights appropriate learning material for l Empirical, exploratory, action insitutions (JJB, CWCW, Labour various stake holders for training research on various child rights Deptt., BsCPCR etc) and dissemination. issues in Bihar l Supports, organize symposium, l Provide support to child guidance l Publication of Annual Journal seminars, presentations, workshop clinics l Publication of Bi-annual news on child protection. l Course/Curriculum to offer post letter l Introduction of an option module Graduate Diploma on regular l Review of existing laws and rules, on child rights /Juvenile justice in continuing education and on line policies relating to child rights and the University Curriculum courses on child rights, Legal and suggestions for amendment, l Publication of Bi annual newsletter Psychological counseling and drafting of new rules, guidelines and annual jorunal in which guidance etc for PLVs, CWPOs, etc students may contribute CJPUs, CWC members etc. l Empirical Research to gather l Training Programs for various empirical evidence on the stake holders in child rights, functioning of various children including the police ofcers, related institutions and judges, JJB, CWC, CWPO, CJPUs l Advocacy in that regard, building school teachers, non teaching staff, n e t w o r k s w i t h N G O S a n d care homes sarpanch panch, etc preparing documents for advocacy
2 Dissemination Workshop on 'Ending Violence in Childhood : Global Report 2017' Date- 9th January, 2019
Three out of every four children has Violence in Childhood: Global Report in many cases can leave them faced a form of domestic violence or 2017, was organized by Child Rights devastated. the other in previous one year. It is an Centre, CRC at CNLU on 9th January, irony that when in 2019 we will be 2019. Hon'ble Justice Smt. Mridula Mishra observing 30th anniversary of the delivered the welcome address and United Nation's Convention on Rights shared her own old memory related to of Children (UN CRC), but cases of fear of parents in her young age. She violence against children are talked about the not-so-good widespread. The issue need urgent implantation of good laws for child protection. The cases of violence attention of different stakeholders in against children are not only limited to order to prevent cases of violence a single place but takes place against kids. everywhere. According to her, the 'Know violence in Childhood', an The event was chaired by Hon'ble absence of free and open relation independent global learning initiative Justice Smt. Mridula Mishra (Rtd, between parents and children is a major has done an extremely detailed Patna High Court) Vice Chancellor, reason for a kid to take a wrong step. She asks for translation of the report in research in the issue of childhood CNLU. The event was also graced local language so as to increase the violence, the outcome of which is the with the presence of Hon'ble Mr. information dissemination. 'Ending Violence in Childhood: Justice Abhijit Sinha (Chairman, Bihar State Law Commission ), Sri Global Report 2017'. The report Registrar Shri Manoranjan Prasad Sunil Dutt Mishra (Member delved into different aspects of Srivastava, said that these kind of Secretary, Bihar State Legal Services childhood violence and brought out events and seminars should not only v e r y e n r i c h i n g i n f o r m a t i o n . Authority), Shri Manoranjan Prasad be conducted in AC rooms and rather According to the report, there is no Srivastava (Retd. District Judge), should be organized in vicinity to safe place for children, they face Registrar, CNLU. Various other common people and society. violence at home, at schools and at distinguished guests from 'Know public places in wider communities. Violence in Childhood', and UNICEF were present. Dr. Manisha Priyam, Different forms of violence such as Policy Advisory body of MHRD, corporal punishment, bullying, Govt. of India, was also present for the physical ghts, physical and sexual workshop. violence against adolescent girls and child homicide are perpetrated against children. Most common out of these are corporal punishment, which Hon'ble Justice Abhijit Sinha, usually happens at home within inter- Chairman of Bihar State Law familial relations, because violence is C o m m i s s i o n , r e c o g n i z e d t h e seen as a way to discipline the child. importance and vulnerability of children. He said that childhood The report brings out various similar should be carefree, playing in the sun; aspects relating to the issue and thus is The Workshop was introduced and not living a nightmare in the darkness really important and helpful in our conducted by Ms. Sneha, Coordinator of the soul. He through his speech struggle for the cause of enforcement of Child Rights Centre, CNLU. She showed the link between violence of child rights. A Dissemination talked about how childhood violence against women and violence against Workshop for the Report 'Ending can hamper the growth of a child and children. He said that for protection of
3 children it is important to protect awareness and thus there is a huge need of help of various statistical data. women from violence. He said that sensitization. Efforts to end violence in According to her, In Bihar, the thoughts are generated in mind backed childhood should be seen as a part of reporting of violence against children by the experiences and during this “rights revolution”. Children are not is very low due to lack of awareness period of growth and thus protection objects, but persons with rights of their and thus this issue needs to be dealt of child has to be done. And this is not own must be articulated and enforced. with. only responsibility of parents but it Children often don't have a voice of includes whole society. He pointed out their own to express their traumas and The third and nal session was the problems involved in protection of sufferings and have little or no presented on the topic of The Way children from violence. According to capacity to inuence the public Ahead Ending Violence : Advancing him, only legal enactments are not decision making. Therefore it is our The Agenda In India, by Manisha sufcient in preventing the violence duty to work for helping these children Priyam, who is an academician and against children as most of the abusers as well as prevent their abuse and for researcher working with NUEPA, the are often close relatives or known raising this awareness this particular policy advisory body of MHRD, Govt. people and therefore more caution and workshop is being conducted. of India who discussed about the way awareness is required. The unheard ahead for ending the childhood voices needs to be heard and we need The workshop spanned across three violence and what agenda should be to work together to make this world technical sessions:- advanced in India. better and safer for our children.
First one being on the topic of 'What Sri Sunil Dutt Mishra, Member do we Know About Violence in All the sessions were followed by open Secretary of Bihar State Legal Services Childhood', which was conducted by discussion and Q&A rounds for better Authority, who was the guest of honour Mr. A.K. Shiv Kumar, who is an understanding of the participants. The shared his wisdom on how child abuse advisor to UNICEF- India, and also workshop was conducted mainly with is a hidden phenomenon in India, when member of India's National Advisory the aim of proper dissemination of this happening inside the boundaries of Council. He talked about various global report. Various NGOs and home and familial relation. In India, forms of interpersonal violence and students and faculties from various focus on child abuse has been more on pitched for formation of indices such colleges of the city were present for the the public domain such as child labour, as VIC Index to measure violence in event. prostitution and child marriage and thus childhood. there is a terrifying silence around the childhood violence. He said that any form of violence is a violation of human dignity and human rights, especially violence in child good can hamper the growth of a kid, which can extend through many aspects of child's life affecting her or his health, education, and restricting future life opportunities. The second session was presented on Making reference to the case of the Topic of INDIA AND BIHAR, by SaliVali v/s UOI, he said that the Soumya Kapoor Mehta, mainly Supreme Court has recognized the focusing on - The Burden of vulnerability of the children and a Childhood Violence In India : What need of special rights and legislation. Little We Know, What Do We Know He said despite of several constitutional of Bihar (from The NCPR). She rights, and special legislations children talked about the situation of childhood are facing problems due to lack of violence in India and Bihar with the
4 DIGNITY MARCH TO END SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN
Date- 24th January 2019
environment to support the voices of Mr. Asif Shaikh, convenor of the the survivors and to take the ght for dignity march and Mr. P.K. Sharma, justice forward. state convenor of the Human Liberty Network. Dignity March is a platform for the survivors to tell their stories in their The event provided a stage to the own voice, to represent their own survivors of sexual assault to share narratives. It is a call to end the culture their experiences, problems and ght of shame and fear, to encourage others for justice. Hon'ble Justice Mridula to speak up, and demand zero Mishra became emotional after tolerance for sexual violence in our hearing the stories of the survivors and society. It is to hold society and the said that the CNLU campus was state accountable toward punitive looking like a small India. Registrar action against the perpetrator, through Sri M.P. Srivastava put out the irony of effective implementation of legal the Indian society. He said, on one guidelines, and ensuring rehabilitation hand we worship goddesses and on the facilities for survivors. other, in the same society, women are subjected to sexual violence and ill According to NCRB data, reported treatment. cases of crime against women has increased by 83% from 1,85,312 in 2007 to 3,38,954 in 2016. In 2016, on an average 106 cases of rapes were reported every day, and also that year witnessed a meagre 18.9% conviction. The situation is alarming and requires urgent intervention. The society in th which we live, a culture of victim On 24 January, the stop of this march shaming is prevalent. Cases of rape was Chanakya National Law and other sexual harassments are University of Patna. The event was justied by idiotic arguments such as organized by 'Rastriya Garima 'short dress of the survivor'. Abhiyan' in collaboration with 'Child Rights Centre, CNLU' and Human In an attempt to end the culture of Liberty Network. The event was ornamented with the presence of victim shaming, especially in case of The key purpose of this yatra is that we sexual assaults, 'dignity march' took Hon'ble Justice Smt. Mridula Mishra want people to listen to us. We want justice off from Mumbai in December. It is an (Rtd, Patna High Court) Vice and for that we will shake everyone initiative to end sexual violence Chancellor, CNLU and Sri M.P. (authorities) up till we receive our justice” against women and children. The Srivastava, (Retd. District Judge) march will cover a distance of 10,000 R e g i s t r a r, C N L U . T h e m o s t Mrs. Bhanwari Devi, who rape case KM across 200 districts of 24 states. remarkable presence was of Mrs. led to the formation of Vishakha Dignity March is a call for women and Bhanwari Devi, who is a gang rape Guidelines shared her experience of children to speak out their experiences survivor and her complaint in that case her ght. Through this march she of sexual abuse without shame. It is laid the foundations of Vishakha aimed to create a society which listens also an appeal for the stakeholders and guidelines to deal with sexual to the survivors without being the larger community to create a harassment at workplace. The event judgemental. She was gang raped in healthy, non-judgemental and a safe was also graced with the presence of 1992 by higher caste men of her 5 village because she was stopping a end victim shaming in 24 states and 200 would enable women cutting across child marriage. She urges the law districts and to create a network of socio-economic backgrounds and students to be a crusader of justice and support and solidarity between victims, castes to recount their experiences and ensure justice to the needy. families, stakeholders. Besides, public ght for justice, said Shaikh. initiatives for justice rehabilitation for Bhanwari Devi, Gang rape survivor survivors. One of the objectives is also It aims to bring together survivors, their she said that rape has nothing to do of policy reform for a comprehensive families, lawyers, police ofcers and with someone's clothes. She was socio-medico-legal relief and other stakeholders on a common perplexed that how someone can make rehabilitation of survivors'. Through platform at the national level. It will this assumption. “People say that the this march many survivors of rape and also encourage the survivors to create a once who are raped wear short dresses sexual abuse feel motivated and forum and hold meetings with state but look at me, I am such a old woman condent to continue their ght to governments and discuss the existing who wears saree. Why was I raped?” claim justice, relief and rehabilitation. lacunae in laws. “Survivors' forum in asked Mrs Bhanwari Devi. each state will meet the local g o v e r n m e n t s t o d i s c u s s t h e implementation of the existing laws and rehabilitation of survivors of sexual violence,” said Shaikh.
Mr. Ashif Shaikh, convenor of The march also aims to take forward Rashtriya Garima Abhiyan, the #MeToo campaign on social media highlighted the importance of reporting through which many women have of cases of sexual violence and further come forward and narrated their pusrsuing the cause. Main objective of accounts of being sexually harassed the March is to create an environment to by men at workplace. The march
6 INTERNSHIP EXPERIENCES @CRC
Sourav Kumar, 1st Year, NLSIU Bangalore, (AIR-36 CLAT, 2018)
After completing two trimesters at the national law school Bangalore, I was looking for an internship in my hometown. Initially I was planning to intern with an NGO, but then I came to know about the Child Rights Centre, CRC. I applied for the internship and got selected. Initially, I was a bit skeptical as CRC is a relatively new organization. Through the course of my internship, my liking for my work here increased.
The experience here at CRC was really enriching and fullling. The environment of work was very friendly and amicable. I had all the liberty to express my views and opinion on the work. I would specially like to thank Sneha ma'am, who gave me all the freedom to do my work. At CRC, I got to know a lot of new things, not only limited to the child rights but relating to functioning of organisations.
Sanu Ranjan, 3rd Kr. Shiv Siddharth, Year, CNLU Law Assistant Cum Researcher Patna High Court
The constitution of India grants a number of rights to the From my schoolhood days, I take great interest in doing children and the Supreme Court of India have also community based services. After completing my Law reiterated these rights and we as a society must ensure School, I have felt the need, more urgently than ever, to these rights. pursue a career in the eld of human rights. I joined the 12 With this view, I opted for internship programme with weeks Full-time Internship Programme of Child Rights the Child Rights Centre and it has not only given me a Centre of CNLU. remarkable experience but a “living experience of the As a centre of academic excellence, CNLU established working of Law in our Society with respect to the rights the Child Rights Centre as a specialized research as well of Child”. We have worked with the Child Welfare as resource unit to be run in assistance with the UNICEF. Committee & Child Care Institution in Patna wherein When the Centre was in its budding stage, I joined as its we focused on Child Welfare Committee, Patna, Apna rst intern and I was primarily assigned the task for Ghar & Nishant. We went for regular visit to the Child establishing its ofce and making it functional. The basic Care Institutions and saw how both of them are working establishing jobs are always the challenging ones, but I in a desperate state and are not able to stand up to the believe that I positively contributed to it and performed Constitutional & Legal requirements while Child my part. The Centre is now very well functional and Welfare Committee was able to do its work in a better active. Further, I was tasked with organizing conferences, manner. Further, we found out how the Law enacted by seminars, workshops, & symposiums; arranging the State of Bihar is “inadequate & insufcient” to meet internships for the CRC interns/volunteers; liasoning out the requirement which has been provided by with different departments for smooth functioning of the Juvenile Justice Model Rules, 2016 by Central Centre; documentation and research work in the eld of Government. child rights and reviewing of child/juvenile laws, etc. I got I along with my most responsible teammates, Sakshi, the real world rst-hand experience and exposure during Sushmita, Sweta, Ranjana & Chandrakant went for my internship. Working in such a diverse resource centre “appreciative enquiry” from different stakeholders and that too is run in collaboration with an international through eldwork, we were able to gather most specialized organisation, is very challenging. But at the important information and compare them with Legal same time it is also full of opportunities and vast learning Standards and submitted report to Child Rights Centre, opportunities. In addition, I got institutionalized CNLU. I thank them for their hard, courageous & experience of research, collaborations, training, review, consistent work as cooperative & faithful teammates. I policy suggestions, eld research and community action would like to thanks the Child Rights Centre of my alma to strengthen child rights laws, policies and practices in mater & UNICEF for providing me with this internship Bihar and India. I believe, by joining Child Rights Centre experience through which I have contributed something any student/scholar/professional having commitment to to the Society & has faithfully discharged my tackle issues relating to children in Bihar, can get the Constitutional Duty. chance to make a difference in people's lives.
7 Prachi, 1st Year Nilofar, 1st Year, BBA LLB, CNLU CNLU
This is my rst internship and proved to be very I was selected for internship at juvenile justice Board, fullling and enriching experience, and most Patna. Through this internship I got to learn a lot of importantly it was a paid internship. I opted fo JJ things through this experience. The main work that i Board, Gaighat, where I got the opportunity to observe done in my internship was observation of proceedings the 'children in conict with law, and also talked to at JJ Board. Along with it, I got the opportunity to them. We got the opportunity to observe the interact with the 'children in conict with law', which proceedings and implemenation of juvenile justice helped me understand various intricacies and reality. Act. We also interacted with the children's as well as The internship provided me with a chance to know the their parents. We also interacted with the security ground reality of child rights enforcement institutions. guards and police who were appointed at JJ Board. The best part of this internship was that i was paid a Overall this was a great experience and I am motivated stipend. This was a really enriching experience and to pursue a career further in the eld of child rights. have got me excited to continue in the eld of child rights. DIFFERENT PLATFORM @CRC
8 CRC@ FROM THE EYES OF FOURTH PILLARS OF DEMOCRACY
9 OUR TEAM@CRC
Hon'ble Justice Amreshwar Pratap Sahi, Chancellor, CNLU
Hon'ble Justice Mridula Mishra, (Retd.) Shri M P Srivastava Vice Chancellor, CNLU Registrar, CNLU
Ms. Sneha Ms. Sugandha Lecturer of Law Centre Coordinator, CRC Faculty Coordinator, CRC
Mr. Chandan Kumar Sinha Dr. Fr. Peter Ladis F. Dr. Vijay Kumar Vimal Mrs. Nandita S. Jha Programme Coordinator, CRC Assistant Professor of Law Lecturer of Law Member, CRC Lecturer of Law Member, CRC Member, CRC
Mrs. Sushmita Singh Mr. Vijayant Sinha Ms. Pooja Srivastava Teacher Associate Member, CRC Teacher Associate Member, CRC Teacher Associate, Member, CRC
CRC@ OFFICE
10 Address@CRC Child Rights Centre Chanakya National Law University Nyaya Nagar, Mithapur, Patna-800001 Email : [email protected] [email protected]