United Nations CRC/C/IND/3-4 Convention on the Distr.: General 27 August 2013 Rights of the Child Original: English Committee on the Rights of the Child Consideration of reports submitted by States parties under article 44 of the Convention Third and fourth periodic reports of States parties due in 2008 India* [26 August 2011] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document has not been formally edited. GE.13-46447 CRC/C/IND/3-4 Foreword Smt. Krishna Tirath, Union Minister of State, Ministry of Women and Child Development India: Third and Fourth Combined Periodic Report on the Convention on the Rights of the Child presents the major initiatives that have been taken to ensure the rights of children. It also highlights the current status of children, efforts made to address their concerns and the challenges which are yet to be overcome. India’s approach to protection and promotion of child rights derives from the Constitution of India. We have also in place legislation, policies and programmes for safeguarding the rights of children and especially, of the girl child. Our commitment to the children is reiterated continuously through the efforts to strengthen the framework for protection of their rights, which include establishment of a National Commission for Protection of Child Rights in 2007, one of the few of its kind in Asia, to safeguard and enforce the rights of all children in the country, and the launch of a universal Integrated Child Protection Scheme in 2009-2010 based on the principles of ‘protection of child rights’ and ‘best interest of the child’. These endeavours reflect our commitment to safeguard and enforce the rights of children in our country. While dealing with the complex dimensions of child rights, both in terms of numbers and in quality, there is a measure of satisfaction in addressing the overall challenges of poverty, malnutrition, illiteracy and access to primary health services. The expansion of the Mid- Day Meal Scheme; progress of the Integrated Child Development Services into the third phase of expansion; revamping of the rural public health infrastructure and rapidly- expanding social protection net through insurance schemes and pensions are some of the initiatives taken to ensure the survival, development, care and protection of our children. Finally, with the adoption of the Right of Children to Free and Compulsory Education Act, 2009, we expect to move closer to fulfilling the commitment of providing free and compulsory education to all children in the age group of 6-14 years within the next three years. The Report, no doubt, continues to remind us of the challenges for the fulfilment of child rights in our country. We reiterate our solemn commitment to this goal and reaffirm our determination to translate the rights of all children into reality. Preface D.K. Sikri, Secretary, Ministry of Women and Child Development India has the largest child population in the world. The number of children under age 18, which was 428 million in 2001 and rose to 430 million in 2006, is projected to remain above 400 million in the coming decade. India’s approach to protection and promotion of human rights and child rights derives from the Constitution of India, which provides for affirmative action in favour of children. It also directs the State to ensure that children are not abused and are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity. In 2002, Article 21 A was added through a Constitutional amendment to make elementary education a Fundamental Right for every child in the age group of 6 to 14 years. To provide focus on issues related to women & children, the erstwhile Department of Women & Child Development under the Human Resource Development Ministry was upgraded as an independent Ministry in 2006. 2 CRC/C/IND/3-4 The National Commission for Protection of Child Rights was constituted in 2007 under the Commissions for Protection of Child Rights Act, 2005, which also provides for setting up sub-national level Commissions and Children’s Courts to be set up in each state of the country. Eleven State Commissions have already been set up and are at different stages of being operational. These statutory bodies are meant to work for protection and promotion of child rights in the country. It underscores the commitment to the principles of universality, inviolability, indivisibility, interdependence and mutually reinforcing character of child rights and ensures that the work is directly informed by the views of children in order to reflect their priorities and perspectives. Besides the institutional, legislative and administrative framework which is in place to extend and protect human rights, India has a strong presence of non-governmental and voluntary action, through a network of community-based people’s organisations. They, along with the independent media, act as a watchdog for the protection of human and child rights. The Government is increasingly earmarking large resources for programmes of health, education, employment, sanitation, drinking water, child development and urban renewal with focus on system strengthening, increased inter-sectoral convergence and collaboration for improved outcomes for children. But, in the context of India which is both large and diverse, it is important to understand that while children have equal rights, their needs and entitlements are area-specific, group-specific, culture-specific, setting-specific, and age- specific and demand a variety of interventions. This, coupled with the problems of displaced and migrant children, children in areas of civil unrest, children belonging to marginalized groups, children who have suffered violence, abuse and exploitation, makes the task really challenging to see that interventions for children do not exclude anyone. India: Third and Fourth Combined Periodic Report on the Convention on the Rights of the Child’ is a product of extensive consultations with all stakeholders. The Report has been prepared after consultations with and based on inputs received from other key ministries and agencies, following the general guidelines issued by the Committee on the Rights of the Child. A High Powered Committee, comprising representatives of different government ministries, 18 state governments and representatives of non-governmental organizations, academic institutions and international agencies was constituted in December, 2006, to guide the preparation of the Report and Reports on the two Optional Protocols (OPs). Guidelines were shared with the state governments and Central ministries/departments for their inputs. Five regional consultations were held across the country between July and October, 2007 to engage with stakeholders to make the Report as broad based and representative, as possible. In this context, this Report combines an analysis of the overall implementation of the Convention on the Rights of the Child in India, a review of its progress, and identification of continuing challenges that impede the realization of all rights of all children. Significantly, the period covered by the Report has seen introduction of several laws, policies and programmes to implement India’s commitments under the Convention for the survival, development, protection and participation of children. These include adoption of free and compulsory education for the age group of 6-14 years; universalisation of services for nutrition and development of children in the age group of 0-6 years; launch of a comprehensive scheme for protection of children in difficult circumstances; adoption of legislation to prohibit child marriage; and amendments in several laws to ensure better care and protection of children. 3 CRC/C/IND/3-4 In conclusion, protection and promotion of child rights and all-round care and development of children continue to be the major priorities. The Government, at the Centre and in the States, are all committed to ensure that all children enjoy their rights to education, protection, growth and development in a secure and nurturing environment. With the help of coordinated implementation of programmes, partnership with community and non- governmental sectors, we are confident of achieving this goal. 4 CRC/C/IND/3-4 Contents Paragraphs Page Foreword ......................................................................................................................................... 2 Preface ............................................................................................................................................. 2 I. Introduction ............................................................................................................ 1-37 7 A. Presentation of the Report .............................................................................. 12-13 8 B. Information Update ........................................................................................ 14-37 9 II. 1. General Measures of Implementation (arts. 4, 42 and 44, para.6) ...................... 38-185 15 III. 2. Definition of the Child (art. 1) ........................................................................... 186-190 44 IV. 3. General Principles (arts. 2, 3, 6 and 12) ............................................................. 191-334 45 3A. Best Interests of the Child (art. 3) ................................................................... 192-198 46 3B. Non-Discrimination (art. 2) ...........................................................................