Rights of Children-Status In Bihar

Presented by: Nawaz- Ul -Haque Bal Sakha

 The CRC has 54 Articles.

It protects the rights of children and young people up to 18

years of age across the world. Article 1-41 (each outlining a right) set out how children and young people should be treated. The other 13 articles are all about how governments and adults should work together to make sure children and young people can access and enjoy their rights (1-41)

Right to survival This includes the right to life, the highest attainable standard of health, nutrition, and adequate standards of living. It also includes the right to a name and a nationality.

Right to protection This includes freedom from all forms of exploitation, abuse, inhuman or degrading treatment, and neglect including the right to special protection in situations of emergency and armed conflicts. Right to participation This includes respect for the views of the child, freedom of expression, access to appropriate information, and freedom of thought, conscience and religion.

Right to development This includes the right to education, support for early childhood development and care, social security, and the right to leisure, recreation and cultural activities.

Article 2: Non -discrimination

Article 3: Best interest of the child

Article 6: Survival And Development Article 7: Birth registration and Nationality Article 12: Participation

Review of performance of Bihar in perspective of Child Rights

Monitorable Item Unit Target for 11th Plan

For India Infant Mortality Rate Total Fertility Rate

Malnutrition of Children (0-3 years)

For Bihar 29 3.0

27.2

Bihar in 2010-11* 55 4.0

58

Per 1000 live births No. of children per couple

Percentage of wt. for age below 2 Standard Deviation

28 2.1
23.5

Sex Ratio (0-6 years)

Drop-out Rate in Elementary Education Literacy Rate Gender gap in Literacy
source-MOHRD report,2011 Bihar economic survey11-12

No. of females per 1000 males

In percent

977
20

950
27.85

933
58.8

In percent In percentage points

85.00 10.00

64.04 17.40

63.82 20.06

Right to survival - Bihar

Infant mortality rate (IMR) Total Male female rural male female urban male female Under five Mortality Rate (U5MR) Total rural urban femal male female e 83 53 60 Male female male

53

56

56

54

43

46

74

81

76

More no of females die before reaching age 5 years than males.

Source : annual health survey,2010-11

Birth registration of children under 5 years in %

Urban India Bihar 59.3 13.7 Rural 34.8 4.7 total 41.1 5.8

Source:NFHS-3

Right to survival Bihar.cont

It is mandatory under Indian law to register all new borns within 21 days of birth. It is state subject, It is an important source of demographic data for socioeconomic development and population control, and It is the first identity of new born.
Unfortunately, although the sex ratio has improved at national level from 933 in 2001 to 940 in 2011, it has marginally deteriorated in Bihar from 919 to 916. In case of child sex ratio, there is also deterioration in both India (from 927 to 914) and Bihar (942 female children against 1000 male in 2001 which declined to 933 per 1000 in 2011). Among the 38 districts, the highest sex ratios are observed in Gopalganj (1015), Siwan (984) and Saran (949). All these districts are known for substantial out-migration of male population. The 3 districts with the lowest sex ratios are Bhagalpur (879), Munger (879) and Khagaria (883).
Source : provisional census report,2011

Right to development- Bihar

Coverage of mid day meal (MDM) class I-V Total enrolment in lakhs 144.77 No of children availing MDM(Per day) 79.18 Coverage percentage

54.7

Coverage of mid day meal (MDM) class -V-VIII 43.37 20.94 48.3

Source : directorate of mid day meal Scheme, GOB

SSA-Physical progress-2010-11
interventions Physical unit Target Achievement percentage

No of out of school children admitted

children

502596

292544

58

Source : Bihar Education Project Council, GOB

Reported reason for children missing the school. Illness- 88.3 per cent (alarming, only reiterates that absence of complementary nutrition and health inputs) Lack of interest of children(low quality of infrastructure or poor functioning of MDMS) Child labor (domestic and economic activities) Domestic responsibilities (only for girls)
Source: Elementary Education in Bihar progress and challenges, ADRI, Patna

Right to protection- Bihar

Initiatives for childrenThe social welfare Directorate implements programmes to protect and promote the rights of children through institutional and service delivery mechanisms as mandated by the Juvenile Justice (Care and Protection of Children) Act and the Integrated Child Protection Scheme (ICPS), which provides a comprehensive umbrella for child protection services. The Directorate also implements the following schemes and programmes:
1. Mukhya Mantri Kanya Vivah Yojana;
2. Mukhya Mantri Kanya Suraksha Yojana; 3. Rajiv Gandhi Creche Scheme for Children of Working Mothers; 4. Childline, 24 hour emergency phone-line outreach service for children in distress; 5. Programmes to combat human trafficking. 6. Scheme for welfare of working children 7. Integrated child protection scheme 8. Parvarish- foster care scheme

Right to protection- Biharcont

Institutions: child protection
Child Care institutions Shelter homes (0)-No Government owned Children homes (3) Observation home (10) Special homes (1) Aftercare homes (2) Statutory bodies-

state commission for protection of child rights

Juvenile justice bodies under JJ Act, 2006(amendment) Juvenile justice board (JJB) 38 JJB Child welfare committee (CWC)- (28) Special Juvenile Police Unit (SJPU) (40 police districts) State and district child protection unit (38) ADOPTION COORDINATING AGENCY State adoption resource agency (SARA) constituted as units of SCPS

Budgetary allocation under JJ Act During last five years (Bihar)

Sl.No Name of the Scheme 2006-7 2007-8 2008-9 2009-10 2010-11 2011-12

1 2 3
4

State Shelter and Protection Homes Observation Homes Child Welfare committee and juvenile justice Boards Special Scheme For JCL, Orphan and homeless Children (Child Protection Unit) Integrated Child Protection Scheme(New Scheme) Construction Of Home Buildings (state Plan) Construction of Home Buildings(12th Finance Commission) State Commission for Protection of Child Rights(SCPCR)

55.00 394.81 0
0

67.51 569.02 15.05

687.00

Rs. (In Lakhs) 81.32 98.22 814.67 467.24

106.34 120.18 380.42 449.58 305.94 212.38

50.00 200.00

379.66
100.00

65.84
500.00

5 6 7 8

0 0 401.00 0

0 1034.00 500.00 0

200.00 939.57 0 0 50.00 0 0 100.00

2271.22 200.00 500.00 0 751.00 100.00

Source: Department of Social Welfare, Government of Bihar.

During last five years following budgetary allocations have been provided for implementation of Juvenile Justice (Child and Protection ) Act,2000. The increase in budgetary allocation apparently shown and demonstrates that the state government is serious about protection concerns of children in the state, but on the other hand the Child protection issue in the state is not in a high priority area for concern. The process of implementation is slow in the concerned area and if not covered each and every aspect it will affect each and every right of children. If correctly used at proper time, these financial resources invested in child protection will translate into better provision of services to children in difficult circumstances.

Right to protection- Biharcont

GAPS at procedural, administrative and procedural level in protection system.
Lack of proper office space / special room for JJB and CWC. No special counseling place / room for parent /guardian / children Lay out environment is not child friendly, look like a regular court room Lack of coordination and convergence in conducting board/committee procedures like inquiry must be completed within the period of four months as per Act and Rules. Non availability of required social investigation report in most cases.(JJB / CWC) Proceedings are not conducted in expeditious manner due to improper format mechanism. Standard of care not established and implemented like presence of APP, condition of charge sheet and court fees etc. Inadequate budgetary allocation for stationary, vehicle etc. Lack of adequate staff (social workers have not been appointed and the Boards/ CWC are presided over by a magistrate alone or with one social worker. Limited resources and case load.(in Patna district alone 2395 cases are pending resulting in many children spend lengthy time period in detention.(May 2012)

Right to Participation- Bihar

The child's participation is a right and children therefore are free to express their views or, if they prefer, to not do so. Children should not be pressured, constrained or influenced in ways that might prevent them from freely expressing their opinions or leave them feeling manipulated. This principle clearly applies in some judicial proceedings, in which a child is forced to participate as a witness even if the legal outcome may contravene the child's best interests. Principle of right to be heard (Fundamental principle of JJ Act) In this principle every child has a right to express his views freely in all matters affecting his interest. As per the guideline of RTI Subject can seek any information from competent authorities but Child have not such authority to ask informations.

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