Fundamental
Rights [Article 15(3)] empowers the State to make special provisions for
children. The Directive Principles of State Policy (Article 39) in the
Constitution specifically guide the State in securing the tender age of
children from abuse and ensuring that children are given opportunities and
facilities to develop in a healthy manner in conditions of freedom and
dignity.Ensuring survival, health and nutrition as an inalienable right of
every child and special care for kids caught in sectarian violence are some of
the features of the government’s Draft National Policy for Children, 2012. The
Women and Child Development (WCD) ministry, which has revised the National
Policy for Children for the first time
since it was adopted in 1974, has now put the draft policy, which
defines any individual below the age of 18 years as child, in public domain
inviting views before it is finalised.According to ministry officials, the
policy would guide and inform all laws, policies, plans and programmes
affecting children and all other actions of national, state and local
Governments in relation to population below 18 years. Amongst the key
priorities listed in the draft are making survival, health, nutrition,
development, education, protection and participation undeniable rights of every
child. As per the policy draft, every child has a right to be safeguarded
against hunger, deprivation and malnutrition and the State would commit to
securing this right through access, provision and promotion of required
services and supports for holistic nurturing.
The
State shall also take all necessary measures to improve maternal health care
secure the right of the girl child and address discrimination of all forms in
schools and foster equal opportunity. As per the draft policy, the state would
take special protection measures to secure the rights and entitlements of
children in difficult circumstances, in particular but not limited to, children
affected by migration, displacement, communal or sectarian violence, civil
unrest, disasters etc. Children of women in prostitution, children forced into
prostitution and other abused and exploited children, those affected by
HIV/AIDS, children with disabilities would also be eligible for state
protection by the state.
The
Cabinet approved the National Policy for Children, 2012 which recognises child
survival, health, nutrition, education, development and protection as
undeniable rights of every child. As per the National Child Policy every person
below the age of eighteen years as a child and that childhood is an integral
part of life with a value of its own. According to the policy, a long term,
sustainable, multisectoral, integrated and inclusive approach is necessary for
the harmonious development and protection of children. The policy lays down the
guiding principles that must be respected by national, state and local
governments in their actions and initiatives affecting children, a statement
released by the government here said. The key guiding principles of the policy
are the right of every child to life, survival, development, education,
protection and participation, equal rights for all children without
discrimination.
The
best interest of the child should be a primary concern in all actions and
decisions affecting children and family environment as the most conducive for
all-round development of children. “The policy has identified survival, health,
nutrition, education, development, protection and participation as the
undeniable rights of every child, and has also declared these as key priority
areas,” the statement released here said. The National Child policy also
strives to create convergence and co-ordination across different sectors and
levels of governance, partnerships with all stakeholders, setting up of a
comprehensive knowledge base, provision of adequate resources; and
sensitisation and capacity development of all those who work for and with
children. The Policy reaffirms the government’s commitment to the realisation
of the rights of all children in the country. It recognizes every person below
the age of eighteen years as a child and that childhood is an integral part of
life with a value of its own, and a long term, sustainable, multisectoral,
integrated and inclusive approach is necessary for the harmonious development
and protection of children. The policy lays down the guiding principles that
must be respected by national, state and local governments in their actions and
initiatives affecting children. Some of the key guiding principles are: the
right of every child to life, survival, development, education, protection and
participation; equal rights for all children without discrimination; the best
interest of the child as a primary concern in all actions and decisions
affecting children; and family environment as the most conducive for all-round
development of children. The policy has identified survival, health, nutrition,
education, development, protection and participation as the undeniable rights
of every child, and has also declared these as key priority areas. As
children’s needs are multisectoral, interconnected and require collective
action, the policy aims at purposeful convergence and strong coordination
across different sectors and levels of governance; active engagement and
partnerships with all stakeholders; setting up of a comprehensive and reliable
knowledge base; provision of adequate resources; and sensitization and capacity
development of all those who work for and with children. A National Plan of
Action will be developed to give effect to the policy and a National Coordination
and Action Group (NCAG) will be constituted to monitor the progress of
implementation. Similar plans and coordination and action groups will be
constituted at the state and district levels. The National Commission for
Protection of Child Rights and State Commissions for Protection of Child Rights
are to ensure that the principles of the policy are respected in all sectors at
all levels. There is a provision for review of the policy every five years. The
Ministry of Women and Child Development will be the nodal ministry for
overseeing and coordinating the implementation of the policy and will lead the
review process.
The
Ministry of Women and Child Development on 26 July 2012 drafted the National
Policy for Children 2012. The revised draft policy reaffirms the government’s
commitment towards children and addresses new challenges, seeking to realize
the full potential of children’s rights throughout the country. It defines a
child as a person below eighteen years of age, and acknowledges the inalienable
and inherent rights of the child and aims to realize the full range of child
rights for all children in the country. The draft has stated that every child
has a right to be safeguarded against hunger, deprivation and malnutrition.
According to the draft policy, the state is bound to secure the rights and
entitlement of children in difficult circumstances such as migration,
displacement, disasters and communal violence. The first National Policy on
Children was formulated in 1974. The first policy of 1974 described children as
a supremely important asset and made the state responsible for providing equal
opportunities for growth and development of all children. The policy primarily
focused on health and education of the children. The National Policy for Children
(NPC), 1974 was adopted by the Government of India on 22 Aug 1974. This policy
describes children as a supremely important asset of the nation and makes the
State responsible to provide basic services to children both before and after
birth, and also during their growing years and different stages of development.
The recognition of the child as a person with inherent and inalienable rights,
made it necessary to revise the 1974 policy for introducing rights-based
perspectives to child development and protection. Thus, the Ministry of Women
and Child Development in India has taken up the framing of a revised National
Policy for Children which aims to cover the full range of child rights.
Features
Of The National Policy For Children
The
Women and Child Development (WCD) ministry, has revised the National Policy for
Children for the first time since it was adopted in 1974.
·
Defines any individual below the age of 18 years
as child,
· The policy would guide and inform all laws,
policies, plans and programmes affecting children and all other actions of
national, state and local Governments in relation to population below 18 years.
·
As per the policy , every child has a right to
be safeguarded against hunger, deprivation and malnutrition and the State would
commit to securing this right through
access, provision and promotion of required services and supports for
holistic nurturing.
·
·
The State shall also take all necessary measures
to improve maternal health care secure the right of the girl child and address
discrimination of all forms in schools and foster equal opportunity.
·
As per the policy, the state would take special
protection measures to secure the rights and entitlements of children in
difficult circumstances, in particular but not limited to, children affected by
migration, displacement, communal or sectarian violence, civil unrest,
disasters etc.
·
Children of women in prostitution, children
forced into prostitution and other abused and exploited children, those
affected by HIV/AIDS, children with disabilities would also be eligible for
state protection by the state.
The
policy has identified the following as the universal, inalienable and
undeniable rights of every child, and has also declared these as key priority
areas:
·
Survival,
·
Health,
·
Nutrition,
·
Development,
·
Education,
·
Protection and
·
Participation
Nodal
Agencies
·
The Ministry of Women and Child development
(MWCD) will be the nodal Ministry for overseeing and coordinating the implementation
of this Policy.
·
A National Coordination and Action Group (NCAG)
f o r Children will monitor progress and ensure that the principles of this
Policy are respected in all sectors at all levels in formulating laws, policies
and programmes affecting children.
·
Plans of Action at the national and state level
will facilitate action on the provisions of this Policy. The NCAG will monitor
the progress of implementation under these Plans.
Area
of Concerns
·
The policy does not mention how it will ensure
child participation at various levels of governance.
· Neither operational guidelines to pursue the
policy nor institutional mechanisms in terms of making various ministries
responsible are mentioned in the policy.
·
No goal and / or target with regard to the Educational,
Health, Nutrition and Protection rights of children is mentioned in the policy
document.
· The policy does not make clear commitments on
budgets of various ministries, nor protection of existing special entitlements
to disadvantaged and vulnerable children.
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