National policy and legislations in relation to child

National policy and legislations in relation to child and welfare

National policy and legislations in relation to child and welfare Prepared by: Mrs. Sharin Neetal D’souza Lecturer Dept. Child health nursing Yenepoya nursing college Reviewed by: Prof. Umarani J Dr. Priya Reshma Aranha

Learning objectives At the end of the class students will be able to • list the objectives of national policies • enumerate the principles of national policies • explain the acts related to child welfare

NATIONAL POLICIES FOR CHILDREN • August 1974 GOALS : o The National policy for education adopted by parliament gives direction to state to make policies required to meet educational needs of children. o It shall be the policy of state to provide adequate services to children both before and after birth & through out the period of growth to ensure full physical, mental and social development. *all children in the country enjoy optimum and attain the balanced growth.

PRIORITIES IN PROGRAMME FORMULATION • Preventive and promotive aspects of children and child health. • Nutrition for infants and children in the preschool age along with nutrition for nursing and expectant mother. • Maintenance, education and training of orphans and destitute children. • Creches and other facilities for care of children of working and ailing mothers. • Care, education and training of handicapped children.

NATIONAL POLICY FOR CHILDREN - 2011 • This policy is framed keeping in mind the Rights of All Children; a child being any person before, during and after birth until the age of 18 yrs. • Focuses on rights based approach from need based approach. • It outlines the way in which Government of India aims to safeguard, inform, support and empower children, both in their individual situation and in development of country as a whole. • Provision of this policy can be taken as a guide for all other policies or programme's or legislations that impact lives of children.

VISION: • It aims to create a maturing, protective and enabling environment for children based on nondiscrimination, equity, justice and best interest of children in the country. • The state commits hereby to take all positive measures, legislative policies or otherwise to promote and safeguard the rights of all children to live and grow with equity, dignity, security and freedom with each children of his/her identity.

GUIDING PRINCIPLES 1. All children have equal rights irrespective of class, caste or gender. 2. Child rights are universal; inalienable, interdependent and indivisible. 3. The best interest of child shall be of paramount consideration in all actions and decisions; concerning children, whether undertaken by state, court laws, administrative authorities, legislative bodies or social welfare institutions.

4. The safety of all children shall be of prime importance and they shall be protected from harm, abuse, neglect, violence, maltreatment and exploitation. 5. The physical, emotional, cognitive and social development of child shall be addressed in totality within family and society at large. 6. The physical, environmental including noninstructional care is most conductive for all round development of children. 7. The principles of justice, equality and nondiscrimination shall guide all action concerning child whether under taken by state or an authority or institution or an individual.

8. Respect for views of children in accordance with age and maturity of child should be assure in all matters affecting them. 9. Consultation and participation of children in an age appropriate manner and their evolving capacities in all matters in an unalienable rights of every child. 10. Take positive measures for promotion, and protection of the rights of all children shall be primary responsibility of the state.

STRATEGIC OBJECTIVE The state shall commit to: v Ensure survival, development, health, nutrition, clean water and sanitation to prevent child mortality, malnutrition, diseases and disabilities. v Ensure highest standards of human, financial and infrastructural resources. So that all children develop to their full potential. v Establish and strengthen the safety net of strong laws, institutions, procedures and enforcement machinery to ensure the protection of all children and reduce their vulnerability.

• Create an environment where in children’s views, choices, perceptions and aspirations are sought in all matters affecting them. • Network and collaborate locally, regionally, nationally and internationally with other stake holders in order to safeguard and promote rights of all children. • Ensure free, compulsory, quality education and development of all children. • Reduce gender, religion, economic and social disparities that affect rights of all children.

DEVELOPMENT & EDUCATION CARE & NUTRITION PROTECTION SURVIVAL & HEALTH PRIORITIES PARTICIPATION ADVOCACY & PARTNERSHIP

LEGISLATIONS IN RELATION TO CHILD AND WELFARE

1. The children act, 1960 • Amended in 1977 • Emphasis on provision of care, maintenance, welfare, training, education and rehabilitation of the delinquent child. • It cover the neglected and destitute, socially handicapped, victimized and delinquent children.

2. THE CHILD MARRIAGE RESTRAIN ACT, 1978. • In 1929, the sharada act was enacted forbidding the practice of child marriage. • The Child Marriage Restrain Act, 1978 – rises the legal age of marriage for girls from 15 yrs to 18 yrs boys from 18 yrs to 21 yrs. • It is a preventive measure for maternal and infant mortality and morbidity.

3. CHILD LABOUR ACT, 1986 • According to this act, except in the process of family-based work or recognized schoolbased activities, children’s are not allowed to work in occupations concerned with – • Passengers, goods mail transport by railway • Cement manufacturing, cloth painting • Building construction operation • Dying, weaving, beedi making, wool cleaning • Printing, mica cutting, splitting…. .

Hours and period of work • The period of work should be fixed only for 3 hrs and no child shall work more than 3 hrs. • No child shall be allowed to work between 7 pm – 8 am.

4. EDUCATION FOR ALL HANDICAPPED CHILDREN ACT. 1975 • Arouse from federal case law, with the aim of special education and related services should be designed to meet the unique learning needs of eligible children with disabilities. • Should be prepared for further education, employment and independent living. • Disabilities include … intellectual disability, hearing impairment, speech or language impairment, visual impairment etc……………

5. CHILD ABUSE ACT, 1974 • Child abuse: can be defined as causing and permitting any harmful or offensive contact on child’s body and any communication or transaction of kind which frightens or shames the child. • The harm may be physical harm ( beating, kicking), emotional harm, sexual abuse or exploitation. • under this act, children are protected from exploitation or abuse.

6. JUVENILE JUSTICE ACT, 2000. • Recently amended in 2006. • This act defines juvenile/ child as a person who has not completed age of 18 years. It has 2 separate chapters: 1. for juvenile in conflict with law 2. for children in need for care and protection.

Juvenile in conflict with law, is a child who is alleged to have committed an offence, and Children in need of care and protection, are child who are neglected, abused, abandoned, victims of any armed conflict or natural calamities amongst others.

Provisions & procedures are implemented through: • Juvenile justice board • Child welfare committee • Institutional care through children home, shelter home, special homes and after care organizations. • Special juvenile policy unit • Non-institutional care through adoption, foster care, sponsorship and after care. • Juvenile justice fund • Selection committee • inspection committee

9. PARENTAL KIDNAPING PREVENTION ACT 1980 • Is the care, control and maintenance of a child, which a court may award to one self the parents following a divorce or separation procedures.

10. Girl child act (compulsory education and welfare) Act, 2000. • A bill to provide free and compulsory minimum education for the girl child and other welfare measures to be undertaken by the state for her proper development. • STRATEGIES: 1. (i) this act may be called as girl child act (ii) it extends to whole of india (iii) it shall come into force at once.

2. In this act, unless otherwise the context require, (i) appropriate govt. (ii) girl child – any women below age of 16 yrs. 3. Appropriate govt. shall provide every girl child, (i) compulsory and free education upto matriculation level or secondary level (ii)study materials ( books, stationaries etc. . ) (iii)free hostel facilities (iv) school uniform, shoes, socks free of cost (v) scholarships

4. The appropriate govt. shall provide nutritious meals free of cost to all the girl students in schools, colleges, institutions, universities and hostels. 5. The appropriate govt. shall provide regular free medical aid and health care to every girl child through out the country. 6. Provision for vocational training. 7. The appropriate govt. shall provide proper and gainful employment to every girl child after completion of her education or vocational training.

8. It shall be the duty of the head of the family men/ women , to send every girl child of the family to school, colleges or institutions for recieving education or vocational training. 9. Whoever contravenes the provision of section , shall be punishable with imprisonment which may extend to 2 yrs or with fine of rs. 2000/- or both. 10. The central govt. may, by notification in the official gazette, make rules for carrying out the purposes of this act.

11. CHILD ADOPTION ACT. • The first modern adoption legislation, the Adoption of Children Act, was passed in the U. S. state of Massachusetts in 1851. • It required judges to determine that adoptive parents had “sufficient ability to bring up the child” and that “it is fit and proper that such adoption should take effect. • Modern adoption laws and practices aim to promote child welfare and are regarded as an integral part of government efforts to protect the interests of the young.

Child adoption law in Indian citizens can adopt in India under three major legislations: • the Hindu Adoption and Maintenance Act of 1956, • the Guardians and Wards Act of 1890 and • the Juvenile Justice (Care and Protection) Act of 2000, amended in 2006.

Evaluation 1. According to child labour act how many hours a child can work? 2. Girl child act (compulsory education and welfare) Act is existed in the year…………. . 3. Mention any 2 priorities of national policy 2011

References • Wong’s essentials of pediatric nursing; 17 th edition • Marlow. Text book of paediatric nursing, 6 th edition • Rimple sharma. Text book of paediatric nursing • Parul Datta. Text book of child health nursing