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Whereas the Constitution of India enshrines both in
Chapter 3 and 4 of the Constitution of India, the cause and the best interest
of children, insofar that:
The State can make special provisions for
children (Art 15 (3))
No child below the age of 14 years shall be
employed to work in a factory, mine or any other hazardous employment (Art.
24)
The tender age of children is not abused and
that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength (Art. 39 e), and that
Children are given opportunities and
facilities to develop in a healthy manner and in conditions of freedom and
dignity and that youth are protected against exploitation and against moral
and material abandonment (Art. 39 f),
Whereas through the National Policy for Children,
1974, we are committed to provide for adequate services to children, both
before and after birth and throughout the period of growth, to ensure their
full physical, mental and social development,
Whereas we affirm that children’s rights - economic,
social, cultural and civil, are fundamental, human rights and must be
protected through combined action of the State, civil society, communities and
families in their obligations in fulfilling children’s rights.
Whereas we also affirm that children’s rights must
be exercised in the context of intrinsic and attendant duties directed
towards preserving and strengthening the family, society and the Nation, and
by inculcating a sense of values directed towards the same end.
Whereas India has acceeded to the United Nations
Convention on Rights of the Child in 1992, wherein it has committed itself to
realise the best interests of the child through the maximum extent of its
available resources,
And whereas we believe that by respecting the child,
society is respecting itself,
Now, therefore, in accordance with our pledge in the National
Agenda of Governance, the following National Policy and Charter for Children,
2001 is announced.
Underlying this Policy and Charter is our intent to
remove the structural causes related to all issues affecting children’s
rights in the wider societal context and to awaken the conscience of the
community to protect children from violation of their rights, while
strengthening the family, society and the Nation.
Right to Survival
1.a. Every child has a right to
survival. The State and community will undertake all possible measures to
ensure that the child’s right to survival is protected and realised.
b. In particular, the State and community
will undertake all appropriate measures to address the problems of
infanticide and foeticide, especially of female child and all other emerging
manifestations which deprive the girl child of her right to survival.
Right to Health
2.a. The State shall take measures to ensure
that all children enjoy the highest attainable standard of health, and
provide for preventive and curative facilities at all levels especially
immunisation and prevention of micronutrient deficiencies for all children.
b. The State shall take measures to cover,
under primary health facilities and specialised care and treatment,all
children of families below the poverty line.
c. The State shall take measures to provide
adequate pre-natal and post-natal care for mothers along with immunization
against preventable diseases.
d. The State shall undertake measuresto
provide for a national plan that will ensure that the mental health of all
children is protected.
e.
The State shall take steps to ensure protection of children from all
practices that are likely to harm the child’s physical and mental health.
Right to Nutrition
3. The State shall take steps to
provide all children from families below the poverty line with adequate
supplementary nutrition and undertake adequate measures for ensuring
environmental sanitation and hygiene.
Right to a standard of living
4.a. The
State recognises every child’s right to a standard of living that fosters
full development of the child’s faculties.
b. In
order to ensure this, the State shall in partnership with community prepare a
social security policy for children, especially for abandoned children and
street children.
c. State
and community shall try and remove the fundamental causes which result in
abandoned children and children living on streets, and provide
infrastructural and material support by way of shelter, education, nutrition
and recreation.
Right to play and leisure
5. The
State and community should recognise the right of all children to play and
leisure and ensure means to provide for recreational facilities and services
for children of all ages and social groups.
Right to
early childhood care
6. a. The
State shall in partnership with community provide early childhood care for
all children and encourage programmes which will stimulate and develop their
physical and cognative capacities.
b. The
State shall in partnership with community aim at providing a child care
centre in every village where infants and children of working mothers can be
adequately cared for.
c. The
State will make special efforts to provide these facilities to children from
SCs/STs and marginalised sections of society.
Right to Education
7. a. The
State recognises the right to elementary education of all the children.
Education at the elementary education shall be provided free of cost and
special incentives should be provided to ensure that children from
disadvantaged social groups are enrolled, retained and participate in
schooling.
b. At the
secondary level, the State shall provide access to education for all and
provide supportive facilities from the disadvantaged groups.
c. The
State shall in partnership with community ensure that all the educational
institutions function efficiently and are able to reach universal enrolment,
universal retention, universal participation and universal achievement.
d. The
State and community recognises the right of all children to education in
their mother tongue.
e. The
State shall ensure that education is child-oriented and meaningful. It shall
also take appropriate measures to ensure that the education is sensitive to
the rights of the girl child and to children of various cultural backgrounds.
f.. The
State shall ensure that school discipline and matters related thereto do not
result in physical, mental, psychological harm or trauma to the child.
g. The
State shall formulate special programmes to spot, identify, encourage and
assist the gifted children for their development in the field of their
excellence.
Right to be protected from economic exploitation
8.a. The
State shall provide protection to children from economic exploitation and
from performing tasks that are hazardous to their well-being.
b. The
State shall ensure that there is appropriate regulation of conditions of work
in occupations and processes where children perform work of a non-hazardous
nature and that the rights of the child are protected.
c. The
State shall move towards a total ban of all forms of child labour.
Right to
Protection
9. a. All
children have a right to be protected against neglect, maltreatment, injury,
trafficking, sexual and physical abuse of all kinds, corporal punishment,
torture, exploitation, violence and degrading treatment.
b. The
State shall take legal action against those committing such violations
against children even if they be legal guardians of such children.
c. The
State shall in partnership with community set up mechanisms for
identification, reporting, referral, investigation and follow-up of such
acts, while respecting the dignity and privacy of the child.
10.a The
State shall take strict measures to ensure that children are not used in the
conduct of any illegal activity, namely, trafficking of narcotic drugs and
psychotropic substances, begging, prostitution, pornography or armed
conflicts. The State in partnership with community shall ensure that such
children are rescued and immediately placed under appropriate care and
protection.
b. The
State and community shall ensure protection of children in distress for their
welfare and allround development.
c. The
State and community shall ensure protection of children during the occurrence
of natural calamities in their best interest.
Right to Protection of the girl child
11. a.
The State and community shall ensure that offences committed against the girl
child, including child marriage, forcing girls into prostitution and
trafficking are speedily abolished.
b. The
State shall in partnership with community undertake measures, including
social, educational and legal, to ensure that there is greater respect for
the girl child in the family and society.
c. The
State shall take serious measures to ensure that the practise of child
marriage is speedily abolished.
Right of Adolescents to education and skill development
12. The State
and community shall take all steps to provide the necessary education and
skills to adolescent children so as to equip them to become economically
productive citizens, special programmes will be undertaken to improve the
health and nutritional status of the adolescent girl.
Right to Equality
13. The
State and community shall ensure that all children are treated equally
without discrimination on grounds of the child’s or the child’s parents' or
legal guardian’s race, colour, caste, sex, language, religion, political or
other opinion, national, ethnic or social origin, disability, birth,
political status, or any other consideration.
Right to
Life and Liberty, Name and Nationality
14 Every
child has a right to life, liberty, a name and to acquire a nationality.
Right to Freedom of Expression
15 All
children shall be given every opportunity for all round development of their
personality, including creativity of expression.
Right to Freedom to seek and receive information
16a.
Every child shall have the freedom to seek and receive information and ideas.
The State and community shall provide opportunities for the child to access
information that will contribute to the child’s development.
b. The
State and community shall undertake special measures to ensure that the
linguistic needs of children are taken care of and encourage the production
and dissemination of child-friendly information and material in various
forms.
c. The
State and community shall be responsible for formulating guidelines for the
mass media in order to ensure that children are protected from material
injurious to their well-being.
Right to Freedom of Association and Peaceful Assembly
17 All
children enjoy freedom of association and peaceful assembly, subject to
reasonable restrictions and in conformity with social and family values.
Right to a family
18 a. In
case of separation of children from their families, the State shall ensure
that priority is given to re-unifying the child with the parents. In cases
where the State perceives adverse impact of such a re-unification, the State
shall make alternate arrangements immediately, keeping in mind the best
interests and the views of the child.
b. All
children have a right to maintain contact with their families, even when they
are within the custody of the State for various reasons.
c. The
State shall undertake measures to ensure that children without families are
either placed for adoption, preferably intra-country adoption, or foster care
or any other family substitute services.
d. The
State shall ensure that appropriate rules with respect to the implementation
of such services are drafted in a manner that are in the best interest of the
child and that regulatory bodies are set up to ensure the strict enforcement
of these rules.
e. All
children shall have the right to meet their parents and other family members
who may be in custody.
Responsibilities of the Parents
19. The
State recognises the common responsibilities of both parents in rearing the
children.
Rights of Refugee children
20. The
State shall ensure that all refugee children, with or without parents,
receive due care and protection.
Rights of Children with disabilities
21. a.
The State and community recognise that all children with disabilities have a
right to lead a full life with dignity and respect. All measures would be
undertaken to ensure that children with disabilities are encouraged to be
integrated into the mainstream society and actively participate in all walks
of life.
b. State
and community shall also provide for their education, training, health care,
rehabilitation, recreation in a manner that will contribute to their overall
growth and development.
c. State
and community shall launch preventive programmes against disabilities and
early detection of disabilities so as to ensure that the families with
disabled children receive adequate support and assistance in bringing up
their children.
d. The
State shall encourage research and development in the field of prevention,
treatment and rehabilitation of various forms of disabilities.
Rights of children from marginalized and disadvantaged communities.
22. The
State and community shall respect the rights of children from all
marginalized and disadvantaged communities, to preserve their identity, and
will encourage them to adopt practises that promote the best interest of
children in their communities.
23. The
State recognises that children from disadvantaged communities, especially
from the Scheduled Castes and Tribes, and are in need of special intervention
and support in all matters pertaining to education, health, recreation and
supportive services. It shall make adequate provisions for providing such
groups with special attention in all its policies and programmes.
Rights of Child Victims
24. The
State shall in partnership with community draw up plans for the
identification and rehabilitation of child victims and ensure that they are
able to recover, physically, socially and psychologically, and re-integrate
into society.
Right to Child Friendly Procedures
25. All
matters and procedures relating to children, viz. judicial, administrative,
educational or social, should be child friendly. All procedures laid down
under the juvenile justice system for children in conflict with law and for
children in need of special care and protection should also be
child-friendly.
(9th
July, 2001 national charter)
Link: http://www.wcd.nic.in
Source: Ministry of Human Resource
Development, Department
of Women and Child Development
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