Child Welfare and Rights of Children in India

Child welfare includes various services designed to provide safe circumstances to the children and to provide support to the families in caring their children properly. 

Child welfare agencies aim for: 

1) Providing support and managing services against child abuse and negligence. 

2) Providing social protection to the required families and care for their children. 

3) Handling reports of possible child abuse and negligence. 

4) Assessing child and family needs, strengths, and resources. 

5) Arranging accommodation for children when safety cannot be ensured at home. 

6) Ensuring the health, educational needs and well-being of children living with relatives or foster families. 

7) Family reunification, adoption, or other permanent family connections for children and youth leaving foster care. 

Rights of Children:-

 Rights of children are categorised under human rights that are exclusively designed according to the children needs, desires and overall welfare. These rights are drafted as per the age requirement, fragility, and specificities. These rights aim to fulfil all the requirements for healthy child development.

In the year 1991, India becomes an ethical labour market to international corporations that had been ratified in the year 1992 at the United Nations Convention on the Rights of the Children. This initiative was based on the Jebb‟s

desire to end children‟s sufferings, instead of providing them healthy, happy and safe atmosphere to nurture them physically, mentally and psychologically. In the convention, all the rights of children are explained under the following heads while considering various articles and research studies:

1) Right to Identity: 

Each child should be entitled to a name, legally registered with the government, and a nationality (to belong to a country). They also must have the right to an identity in public records. Such arrangement ensures national support and also access to social services. 

2) Right to Health: 

Under right to health, medical care, nutrition, protection from harmful habits (including drugs) and safe working environments are included. In articles 23 and 24 of the right to health special care and support for children with special needs, and quality health care (including drinking water, nutrition, and a safe environment) are included, respectively. 

3) Right to Education: 

In India right to education is a fundamental right for children. According to this, under article 21a of the Indian constitution it is the duty of the state to provide free and compulsory primary education for every child between the ages 6 and 14. It helps in developing discipline, life skills while discovering a safe and healthy environment to nurture a child‟s physiological development. 

4) Right to a Family Life: 

It is the fundamental right of children to live with their parents until they are not harmed anyway. Though, „family reunification‟, which means asking for permission from respective governments to travel to renew contact between family members, if they are living in different countries. If family members are not available, children have the right to be looked after by caretakers. Under this right, there is a provision that children should be provided privacy against attacks on their living style and personal history, under their ward of a caretaker or family. Special care must be given to the children who do not have access to a family life. In such cases, children are looked after by people of their ethnic group, religion, culture and language. Special protection and help are provided to the refugee children. In case of any offense or violation, children have the right for any legal help under a juvenile justice scheme, with the transparent and quick resolution of the events. 

5) Right to be Protected from Violence: 

According to this right it is the duty of state to protect child from violence which may extend even to family members, and should ensure that children should not suffer ill-treatment or sexual or physical violence. This describes use of violence as a means of discipline. Any form of sexual exposure and physical abuse is unacceptable. This Article also stands against the sale of children, child prostitution and child pornography. 

6) Right to an Opinion or Freedom of Expression: 

It is the right of all children to express their opinions, free of criticism or contempt as long as they are not harming others with their opinions and actions. In case of minority, where adults are actively deciding upon choices on behalf of children, in the latter phase child‟s opinions are taken into consideration. As most of time children‟s opinion may not be based on facts, it is however an important source of insight for parents, and should be considered. But it mainly depends on the maturity level and age of the child. 

7) Right to be Protected from Armed Conflict: 

Armed conflicts often result to vast destruction and disturbances, and in case of children this condition becomes more adverse. Such circumstances convert innocent children into refugees, prisoners, or participants in armed conflicts. Any such spirit of War or any armed struggle can severely damage a child‟s moral as well as perceptions of ethics, and this must be corrected and rehabilitated in a nurturing safe environment. While seeking to rehabilitate children affected by war, it is the duty of the government to ensure that children are not forced to participate in any armed struggle. 

8) Right to be Protected from Exploitation: 

Protection of children from violence is critical for freeing children from exploitation that may include abuse, negligence and violence by parents, even if it is justified as an instrument of achieving discipline at home. Along with this, any dangerous or difficult work is totally avoided for children. Anyone cannot force them to work, and if children want to work voluntarily may go for safe works that do not compromise their health, or access to education or play. Sexual exploitation, another aspect of exploitation or an activity that takes advantage of them, is a crime. Special rehabilitation facilities are provided for the survivors of neglect, abuse and exploitation so that they can recover and reintegrate into society as early as possible. Children cannot be punished with cruelty, even if it is under the ambit of the justice system. Severe punishments like death or life sentences, and sentences with adult prisoners, are completely prohibited. 

National Policies Related to Child Health and Welfare:-

According to the national policy of child health and welfare “it shall be the duty of the state to provide required services to children, both before and after birth and during their growing age. As well as state should ensure full physical, mental and social development of children of the country. The state shall gradually increase the area of these services so that state can provide optimum condition for healthy and balanced growth for all their children within a reasonable time”. 

Following measures are adopted to achieve the objectives of this policy:

 1) All children of the country shall be covered by a comprehensive health programme. 

2) Various schemes shall be designed and implemented to provide nutritional services aiming to remove deficiencies in the diet of children. 

3) Running various programmes to upgrade child health and for care, nutrition and nutritional education of expectant and nursing mothers. 

4) The state shall provide free and compulsory education for all children up to the age between 6 and 14. 

5) State shall provide out-of-school education for those not having access to formal education. 

6) State shall promote games, recreate and extracurricular activities in schools and community centres for overall growth of the children. 

7) For children belonging to weaker sections of society special programs shall be designed which ensure equality of opportunity and special assistance. 

8) Facilities for education, training and rehabilitation for socially backward children.

9) Protect children from negligence, cruelty and exploitation. 

10) No child under 14 years shall be allowed to involve in any hazardous occupation or heavy work.

 11) For physically handicapped, emotionally disturbed or mentally retarded children special treatment, education, rehabilitation and care shall be provided by the state. 

12) In times of distress or natural calamity children shall be given priority for protection and relief. 

13) Special programs should be formulated to spot, encourage and assist gifted children belonging to weaker sections of society. 

14) In all legal disputes priority shall be given only to the interest of children. 

15) All the efforts should be made to strengthen family ties so that children may get chance to grow within healthy family, neighbourhood and community environment.

National Legislations Related to Child Health and Welfare:-

Under child welfare legislation such laws and acts are included which provide care, protection, welfare and rehabilitation to children, also covering conflict with law can be ensured. These legislations are empowered by the various constitutional provisions (like articles 24, 39, and 45), national policy for children, provisions adopted by government of India in 1974 and United Nations declaration on rights of children. 

Legislations 

1) The Child Marriage Restraint Act, 1929. 

2) The Child Labour (Prohibition and Regulation) Act, 1986. 

3) The Juvenile Justice (Care and Protection of Children) Act, 2000. 

4) The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. 

5) The Pre-conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994. 

6) The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 

7) The Immoral Traffic (Prevention) Act, 1956. 

8) The Guardian and Wards Act, 1890. 

9) The Education for All Handicapped Children Act, 1975. 

10) Health Maintenance Organisation Act, 1973.