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  1 Newspaper analysis Mains 2014   Aspire IAS   Yojna notes-2014 T-50 & NEWSPAPER ANALYSIS TM   Aspire IAS  10/70 ORN N.Delhi-60 9999801394   November 2012  –  (Child special)  (important for essay, paper 2  –  social issues, paper 3 - governance) Introduction:    The children of today are future of tomorrow.    The new definition of children by GoI 0  –  18 years from 2013.    The total population of children comprising of 33.3%.    The child schemes in India are classified under 4 categories. a) Child survival (right of being born in a safe and non-discriminatory environment) b) Child development (reducing malnutrition and incremental deficiencies, increase enrolment ratio and retention in education) c) Child protection (from violence, exploitation and abuse) d) Child participation (in Five Year Planning (FYP))    Some problems  - Child sex ratio declining - Malnutrition increasing - High child mortality (IMR) because of a) Early childhood diseases b) Inadequate new born care c) Child birth related causes d) Malnutrition e) Poor awareness of mothers and society - Crime against children increased by 24%. - Increasing sexual abuse and harassment - Child labour - Child trafficking - Drug abuse Chapters:  1 . Rights of Child (page 4)    –  by Shanta Sinha.      Government is striving towards protecting child rights of freedom and dignity.    To protect these rights State has the obligation to provide all structures, institutions and processes for delivering services to children.    The 12 th  FYP emphasises on Right based approach which also includes children as a proper strategy for inclusive growth.    Recently, government launched RTE Act and POCSO Act as child centric, right based approach for development and protection of children. Constitutional provisions:    Article 39 (f)    Article 45    Article 46    Article 21A,    Article 51A    Status of children and daily lives according to Children in India 2012, a statistical appraisal  –   a)   More and more children are vulnerable and marginalised today. b)   No food to eat. c)   Little or no health support. d)   Experiencing hunger daily and suffering from malnutrition e)   High infant and child mortality f)   Children are being trafficked and are working as migrant or bonded labourers, usually away from their homes. g)   Children travel long distance across the States and vulnerable in relation to environmental pollution and degradation. h)   They are vulnerable in relation to abuse, torture and gross exploitation. i)   Child marriage and discrimination against girl child are crucial challenges.  j)   Urban children are vulnerable in relation to Sexually Transmitted Diseases (STD), HIV and drug trafficking. k)   Children are also affected by displacement due to natural disaster.  2 Newspaper analysis Mains 2014   Aspire IAS   Yojna notes-2014 T-50 & NEWSPAPER ANALYSIS TM   Aspire IAS  10/70 ORN N.Delhi-60 9999801394  l)   Children are the victims of cruel market forces and lack access to State services and protective schemes. m)   Some of the notorious States are Manipur, Bihar, Punjab, Uttar Pradesh, Kerala, Odisha, Mumbai and Gujarat. Principles of child centric policies and laws:    Based on the experience of NCPCR, some of the principles for child centric policies are- a) decentralisation b) flexibility c) institution building processes d) convergence e) listening to children and their voices should inform and guide formulation of policies and delivering of services. These five principles enable ownership by the Gram Panchayat and the community of the programs to protect children and where they would be involved in addressing the needs of each and every child.    Justice to Children and related measures: 1.   Child specific jurisprudence 2.   Child focussed procedure court 3.   A well trained cadre of the judiciary on child rights   4.   Adequate space and opportunity for children to seek justice under human and child friendly circumstances. 5.   For overall maintaining dignity, privacy and safety of child. Recent issues:    RTE Act (page 6)    POCSO Act (page 6) The Protection of Children from Sexual Offences Act, 2012, which was passed by Parliament in May this year, came into force on Wednesday. Under the Act, a child is defined as any person below the age of 18 and is gender-neutral. More importantly, the Act provides precise definitions of different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment and pornography. The Act provides for stringent punishment, graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life for certain offences. Union Women and Child Development Minister Krishna Tirath told reporters on Wednesday: “In keeping with the best international child protection standards, the Act provides for mandatory reporting of sexual offences. It also prescribes punishment for a person if he provides false information with intention to defame any person, including a child. Most importantly, the Act provides for child friendly procedures for reporting of offences, recording of evidence, investigation and trial. Also under Section 45 of the Act, the power to make rules rests with the Central government.”  The rules framed under the Act provide for qualifications and experience of interpreters, translators, special educators, and experts; arrangements for the care, protection and emergency medical treatment of the child; compensation payable to a child who has been the victim of a sexual offence; and periodic monitoring of the provisions of the Act by the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights. The rules rely on the structures established under the Juvenile Justice Act, 2000, to make arrangements for the care and protection of the child and to ensure that the person is not re-victimised in the course of investigation and trial. Ms. Tirath said: “Another important addition is that as per the rules where a child is taken to a medical facility for emergency care, no magisterial requisition or other documentation may be demanded prior to treatment. The rules also lay down the criteria for award of compensation by the special court, which include the gravity of the offence; loss of educational opportunity or employment; and disability, disease or pregnancy suffered as a consequence. The compensation may be  3 Newspaper analysis Mains 2014   Aspire IAS   Yojna notes-2014 T-50 & NEWSPAPER ANALYSIS TM   Aspire IAS  10/70 ORN N.Delhi-60 9999801394  awarded at the interim stage as well as upon completion of trial.”      The RTE and POCSO are monitored and implemented by NCPCR and SCPCR. Child rights perspectives in policies and programs: 1.   PUCL vs Union of India, 2001  –  resulted into legal enforcement of Right to Food. 2.   ICDS programs and recent reforms a) 0- 6 to 0- 3 years. b) Anganwadi centres  –  renamed as Bal Vikas Kendras c) Education and nutritional security d) investment and greater role for local bodies. e) Bal Panchayat d) Hot cooked meals    Mid  –  day meal scheme  –  page 7    Integrated Child Protection Scheme  –  page 7 a) for children in difficult circumstances b) to protect children against abuse, neglect, exploitation and abandonment. 2.   Malnutrition in Indian Children  (Page 10) 3.   Preparing for new Child Labour Laws  (page 19) Introduction: Eradication of child labour is possible and within our reach only if along with the State, corporate and the society at large dispose their responsibilities and respect the constitutional and universal rights of children.    Use of children for exploitative labour was started from WW 1 and industrial revolution due to high demand of cheap labour is one of the most inhuman acts which not only deprives children of their rights to education, protection, leisure and play but also endangers their health and safety as well as growth prospect of their families, societies and nation at large.    Two schools of thought- One favours child labour Another disfavour child labour    In India the child labour is prevalent in States like West Bengal, Uttar Pradesh, Bihar, Andhra Pradesh, Tamil Nadu and Gujarat.    Some of the efforts and constitutional provisions to control child labour: 1. Article 24, 21, 21A, 39 (f), 45, 46, 2. Child labour (Prohibition and regulation) Act, 1986 3. NGO participation like Bachpan Bachao Andolan and Global March against child labour organized in May 2012. 4. Amendments in 2012 5. Change in the definition  –  0  –  18 years, hazardous  –  0  –  18 years, non  –  hazardous  –  14- 18 years.    Challenges for Govt: 1.   Ascertaining enforceability 2.   Assessing the real magnitude of the problem 3.   Devising the appropriate rehabilitative measures.    How to meet these challenges: 1.   Identification of hurdles and removing them. 2.   High punishment and penalties for those who are culprit under child labour as the current punishment and penalties are very low. 3.   By generating awareness and sensitivity, capacity building and accountability of the enforcement machinery at all levels including supervisory and recommendatory agencies. 4.   By establishing child welfare committees both at Central, State and District level. 5.   Nation and State Commissions for the protection of child rights, special courts. 6.   Govt should reassess the magnitude of the problem and again device some of the new strategies with the help of NSSO. 7.   Govt should go for the registration process both at institution and school level to control child related problems like trafficking, bonded labour, sexual exploitation, forced beggary and others. 8.   Govt should monitor over some of the child labour intensive industries like carpet, glass,  4 Newspaper analysis Mains 2014   Aspire IAS   Yojna notes-2014 T-50 & NEWSPAPER ANALYSIS TM   Aspire IAS  10/70 ORN N.Delhi-60 9999801394  garments, brick kilns, stone quarries, fire crackers and some of the child labour prone districts like Mirzapur, Bhadoi, Aligarh, Firozabad, Shivakashi, Tiruppur, Delhi NCR, Jalandhar, Ludhiana and others.    Other initiatives to control child labour: a) National Child Labour Project Scheme b) Juvenile Justice Act c) Right to Education Act d) ILO Convention  –  No. 182. e) ILO Convention  –  No. 138. f) Enhancing the role of UNESCO and UNICEF in regard to education and eradication of child labour. g) Minimum Wage Act and National Floor level Minimum Wage. h) Enhancing the employment opportunity to adults which means, they will not send their children to work. i) Applying the contemporary courts which mea ns “initially education for employment but now education for empowerment”.      Conclusion: Child labour eradication is possible if everybody think about these malpractices, corporate must ensure ethically clean and child labour free value and supply chains and finally the society as a whole must be honest in treating all children equally irrespective of their social and financial background. Child Welfare policies and programs in India (page 23)   Baseground - already discussed. Our welfare policies for children are based on the concept that every child has right to lead a decent life. The physical, mental and social wellbeing of a child depends on his/her family as well as social institutions like family and school. 1.   National policy for Children, 1974  –  some of the thrust areas are - a) reducing IMR, MMR and malnutrition among children b) achieving 100% civil registration of birth c) universalisation of early childhood care and development and quality education for all children. d) achieving 100% access and retention in schools including pre-schools. e) complete abolition of female foeticide, infanticide, child marriage and ensuring the survival, development and protection of girl child. f) improving water and sanitation coverage both in rural and urban areas. g) securing children from all type of abuse, exploitation and neglect. h) complete abolition of child labour. i) monitoring review and reform of policies, programs and laws to ensure protection of children’s interest and rights.  j) ensuring child participation and choice in matter and decisions affecting their lives. therefore, Jan 24 th  has been declared as National Girl Child Day. 2.   Constitutional safeguard for Indian children: - Article 15, 15 (1) - Article 21 A - Article 24 - Article 39 (f) - Article 45 - Article 243 (g) 3.   Legislation related to children: 1. Hindu Adoption and maintenance Act, 1956 2. PCPNDT Act, 1994, amended in 2004. 3. Immoral trafficking prevention Act, 1956 4. Child Labour Prohibition and Regulation Act, 1986 5. Juvenile Justice Act, 2000, amendment in 2006 and 2011 6. Prohibition of Child marriage Act, 2006 4.   Institutional framework for child welfare - NCPCR  –  set up as statutory body under Min of women and Child Development in 2007 to protect, promote and defend child rights in the country. - National Institute of Public Cooperation and Child Development (NIPCCD)- to promote
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