CHILD RIGHTS CHILD ABUSE AND LAWS RELATING TO

CHILD RIGHTS , CHILD ABUSE AND LAWS RELATING TO CHILDREN WITH SPECIAL FOCUS ON POCSO ACT MEENA KURUVILLA Project Director, Rajagiri out REACH Rajagiri College of Social Sciences Former Member Kerala State Commission for Protection of Child Rights

The Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 th November 1989 and ratified by India on 1992.

According to UNCRC, the Rights of the child include; • • The Right to Survival The Right to Protection The Right to Development The Right to Participation

JUVENILE JUSTICE (CARE AND PROTECTION)ACT 2015 “Child” means a person who has not completed eighteen years of age.

JJ Act mainly deals with; • Child in Conflict with law • Child in Need of Care and Protection • Rehabilitation and Social Re-integration

CHILD IN CONFLICT WITH LAW The Act defines “Child in Conflict with law” –means a child who is alleged or found to have committed an offence and has not completed eighteenth year of age on the date of commission of such offence.

Competent Authority Juvenile Justice Board (JJB) JJB constituted as defined in JJAct to deal with child in conflict with law. JJ Board has been constituted in fourteen districts in Kerala. “ Juvenile Justice Board ”consists of a Judicial Magistrate of the first class (Principal Magistrate)and two social workers of whom at least one shall be a woman.

Juvenile Justice Board • • Child should be produced before JJB or before a single member of the Board within 24 hours Child shall send to an observation home during the preliminary enquiry period

Juvenile Justice Board • • • The Board should complete all inquiries within a stipulated period of four months Board shall obtain social investigation report through a probation officer or a recognised voluntary organisation Police should treat the child with dignity while in their custody

Sitting of the Juvenile Justice Board • The Board shall hold its sittings in the premises of an observation home or at a suitable premise in any institution run under the Act.

Order that may be passed regarding child in Conflict with Law Allow the child to go home after advice or admonition Direct the child to participate in Group counselling and similar Activities Order the child to perform community service Order the parents of the child to pay fine Direct the child to be released on probation of good conduct under the care of parent or guardian. Direct the child to be sent to a special home for three years-provide education, skill development, behaviour modification therapy etc.

Heinous offences In case of heinous offence alleged to have been committed by a child , who has completed or above the age of sixteen years , the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence , ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, may pass an order - that there is a need for trial of the said child as an adult , then the Board may order transfer of the trial of the case to the Children’s Court having Jurisdiction. Place of safety till he attains the age of twenty-one years.

Order that may not be Passed against a child in conflict with law • No child in conflict with Law shall be sentenced to death or for life imprisonment.

CHILDREN IN NEED OF CARE AND PROTECTION means a child; • Who is found without any home • Street children • Who is found begging • Working children / Child Labour • Mentally challenged • Physically challenged • Children affected / infected with HIV /AIDS

Children in Need and Care and Protection means; • Children of unfit parents • Surrendered children • Abandoned children • Unwed mothers below 18 years • Children of unwed mothers “Child has given birth to a child” • Missing children • Runaway children

Children in Need and Care and Protection means; • Child Victims of trafficking / sexual abuse • Child victims of physical abuse by • • • employers, parents, Teachers Victims of child marriage Victims of domestic violence Institutionalised children Victims of child prostitution Victims of substance abuse

Children in Need and Care and Protection means; • Suffering from incurable diseases with no one taking care of the child • Victims of corporal punishment in schools/ institutions • Victims of armed conflicts, natural calamity • Children residing in unrecognised agencies

Child in need of care and protection. Competent Authority • The Child Welfare Committee (CWC) is the competent authority vested with powers under the Act to pass orders and discharge duties in relation to Children in need of Care and Protection

Child Welfare Committee (CWC) • The Child Welfare Committee shall consist of a Chairperson and four other members as the State government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.

Child Welfare Committee (CWC) Sitting of the Committee (CWC) The Committee shall hold its sittings in the premises of the children’s home or at a suitable premise in any institution run under the Act.

Production of a Child Before CWC • Section 31: A child in need of care and protection may be produced before the committee by any of the following persons • Any police officer or Special Juvenile Police Unit or a designated police officer, • Any public servant;

Production of a Child Before CWC • CHILDLINE, • • a registered voluntary organisation or by such other voluntary organisation or agency as may be recognised by the State Government; Probation officer Social worker or a public spirited citizen; By the child himself Any nurse, doctor or management of hospital, nursing home

REHABILITATION AND SOCIAL REINTEGRATION • Adoption • Foster care • Sponsorship • After-care organizations

Offences against children under JJACT Prohibition on disclosure of identity of children Punishment for cruelty to child Employment of child for begging Penalty for giving intoxicating liquor, narcotic drug Using a child for carrying liquor, narcotic drug Exploitation of a child employee Illegal adoption Sale of children Corporal punishment Offences committed on disabled children

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT 2009 The Right of Children to Free and Compulsory Education Act 2009 and the Kerala Right of Children to Free and Compulsory Education Rules 2011 are the landmark legislation for the furtherance of children’s Right of elementary education.

The Act recognise Children’s Right to a School with ; Provide free elementary education to every child of the age of 6 to 14 years. Ensure compulsory admission, attendance, and completion of elementary education by every child. Minimum Standards of infrastructure Qualified teachers Prescribed curriculum Ensure availability of neighbourhood School-1 to v within a walking distance of 1 Km and v 1 to v 111 within 3 km Duties of teachers , Government, Local Authorities, Parents

RTE ACT…. It shall be the duty of every parent to admit his child to an elementary education in the neighborhood school. Children belonging to weaker section and disadvantaged group are not discriminated. The government or the local authority shall make adequate arrangements such as free transportation and residential facilities where no school exists within the area. Certificate of recognition

RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT 2009 Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighborhood school till completion of elementary education. Local Authority ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction. It shall be the duty of every parent to admit his child to an elementary education in the neighborhood school. Children belonging to weaker section and disadvantaged group are not discriminated.

Proof of Age for Admission Wherever a birth certificate is not available with respect to a child belonging to disadvantaged group ; any one of the following shall be deemed to be proof Hospital or midwife register record Anganwadi record Declaration by the parent or guardian

DUTIES OF TEACHERS Maintain regularity and punctuality in attending School. Complete entire curriculum within the specified time. Assess the learning ability of each child. Hold regular meeting with parents. Prohibition of private tuition by teachers.

Academic responsibility of the Government to ensure quality education Ensure high quality of education. Impart quality education to children with disabilities Ensure quality in pre-primary education Visit and monitor the academic performance of the teachers and students at least once in a year by DDE, AEO, DIET, BRC Filling up vacancies of teachers Provide training facilities for teachers. Provide Special Training for children

Academic responsibility of the Government to ensure quality education The Government and Local authority shall ensure that; No child shall be physically or mentally harassed. No child shall be held back in any class or expelled from school till the completion of elementary school. Bring to the notice of the local authority and education authorities , any deviation from the rights of the child , mental and physical harassment, of children denial of education. Ensure that teachers are not burdened with nonacademic duties other than those specified in section 27.

Children with Disabilities Ensure children with disabilities shall have access to free and compulsory education. Promote integration in regular classes Provide special; teaching and learning material Provide vocational training Provide health care

State Commission for Protection of Child Rights Section 31 of the Act requires the State Commission for Protection of Child Rights to examine and review the safeguards for rights provided under the RTE Act and recommend measures for their effective implementation and inquire into complaints relating to RTE Act and take necessary steps such as making recommendations to the authorities.

SCHOOL MANAGEMENT COMMITTEE The AEO shall ensure timely constitution of the SMC The members of the Committee shall participate in the capacity building training. The minutes of the meeting shall be properly recorded and made available to the public. Monitor the working of the School Prepare and recommend School Development Plan. Monitor the utilisation of the Grants.

DUTIES OF LOCAL AUTHORITY Ensure availability of neighbourhood school Maintain records of children , Ensure and monitor admission , attendance, and completion of elementary education Provide infrastructure Ensure admission of children of migrant familes

MONITORING INDICATORS Enrolment Toilet, girl friendly toilet Disposal of waste Safe drinking water Infrastructure facilities Barrier free access to children with special needs Grievance Redressal Dropouts Play ground

MONITORING INDICATORS Library Furniture Quality education Class rooms Laboratory Play equipment

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 ( POCSO ACT ) An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences.

Penetrative sexual assault and punishment He penetrates his penis, to any extent, into the vagina , mouth, urethra or anus of a child or makes the child to do so with him or any other person. He inserts , to any extent , any object or part of the body, not being the penis , into the vagina or anus of the child or makes the child to do so with him or any other person. Punishment- Shall not be less than seven years but it may extend to imprisonment for life and shall also be liable to fine.

Aggravated Penetrative sexual assault and punishment Whoever , Being a Police Officer, member of armed forces or security forces, public servant, Management and staff of hospital, Management and staff of Educational institution or religious institution, taking advantage of a child’s mental or physical disability, sexual assault on a child below twelve years, relative of the child through blood ; Commits aggravated penetrative sexual assault shall be punished not be less than ten years but which may extend to imprisonment for life and also be liable to fine.

Sexual Assault Whoever , with sexual intent ; Touches the vagina , penis , anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or does any other act with sexual intent which involves physical contact without penetration Punishment- Whoever commits sexual assault shall be punished with imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.

Aggravated Sexual Assault Whoever ; Being a Police Officer, member of armed forces or security forces, public servant, Management and staff of hospital, Management and staff of Educational institution or religious institution, taking advantage of a child’s mental or physical disability, sexual assault on a child below twelve years, relative of the child through blood commits aggravated sexual assault , position of trust or authority of a child; Punished with imprisonment shall not be less than five years but which may extend to seven years and shall also be liable to fine.

Sexual Harassment A person with sexual intent; • Makes a child exhibit his body or any part of his body • Shows any object to a child in any form or media for pornographic purposes • Repeatedly or constantly follows or watches or contacts a child through electronic or digital means, • Shall be punished with imprisonment for three years and fine.

Use of child for pornographic purposes Whoever uses a child in any form of media including programme or advertisement telecast by television channels or internet or any other electronic form or printed form for the purposes of sexual gratification; Shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

POCSO ACT… Punishment for failure to report or record a case – imprisonment for a term which may extend to six months or with fine or with both Punishment for false complaint; imprisonment for a term which may extend to one year or with fine or with both No reports in any media shall disclose , the identity of a child including his name , address , photograph, family details, school , neighbourhood which may lead to disclosure of identity of the child –Punishment with imprisonment for a period six months to one year and fine.

COMMISSION FOR PROTECTION OF CHILD RIGHTS ACT 2005 Kerala State Commission for Protection of child rights constituted in June 2013. Protection of rights of children less than 18 years of age is the responsibility of the Commission. Inquire into violation of child rights and recommend initiation of proceedings. The commission shall also inquire into non implementation of laws providing for protection and development of children Inquire into complaints and take suo moto notice Conduct inspection Spread child rights literacy and Undertake research studies

There is an urgent need to think and work collectively to protect the children’s rights and grant these children their basic needs. They are helpless in their current situations, so it is the responsibility of the families, government Educational institutions, NGOs and society to save them from situations that lead to the violation of their rights.