COMMITTEE ON RIGHTS OF CHILD REVIEWS SECOND PERIODIC REPORT OF INDIA

21.04.2004

The Committee on the Rights of the Child today reviewed the second periodic report of India on how that country was complying with provisions of the Convention on the Rights of the Child.

Introducing her country’s report, Veena S. Rao, Joint Secretary, Women and Child Department of India, said India’s commitment to the rights of the child was enshrined in its Constitution. It had one of the most comprehensive legal regimes for the protection of children. India’s achievements vis-à-vis all indicators for children for the past decade had been positive if not total, and its commitment and determination remained undeterred.

In preliminary concluding remarks, Lothar Friedrich Krappmann, the Committee Expert who acted as country rapporteur to the report of India, thanked the delegation for the competent answers which had enabled the Committee to better understand the country and the progress made. He said that besides positive aspects, the conclusions would express concern on issues which the delegation might not agree on, but “we are partners in the promotion and protection of the rights of children”.

Other Committee Experts raised a number of questions pertaining to the rights of children belonging to scheduled castes and scheduled tribes of India. They also queried the delegation concerning the high illiteracy rate; discrimination against the girl child; and the high rate of child mortality.

The Committee will issue its formal, written concluding observations and recommendations on the report of India towards the end of its three-week session on 30 January.

The Indian delegation was also composed of Hardeep S. Puri, Ambassador and Permanent Representative of India to the United Nations Office and other international organizations in Geneva; K.M. Acharya, Joint Secretary, Department of Elementary Education and Literacy; Jayati Chandra, Joint Secretary, Ministry of Social Justice and Empowerment; K. Chandramouli, Joint Secretary, Ministry of Labour; Debabrata Saha, Deputy Permanent Representative of India, Permanent Mission of India, Geneva; and Pankaj Saran, Political Counsellor at the Permanent Mission of India in Geneva.

As one of the 192 States parties to the Convention, India is expected to provide periodic reports for consideration by the Committee on its efforts to comply with the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Thursday, 21 January, it is scheduled to review the second periodic report of Papua New Guinea (CRC/C/28/Add.20).

Report of India

The second periodic report of India (CRC/C/93/Add.5) contains information on the efforts made by the State party to comply with the provisions of the Convention on the Rights of the Child. In the 443-page report, the State party explains its efforts in implementing the provisions of the Convention, covering civil rights and freedom; family environment and alternative care; basic health and welfare; and education, leisure and cultural activities, among other things.

The report notes that India continues to wage its battle against poverty, and its attendant negative ramifications, such as high mortality rates, malnutrition and illiteracy, the greatest victims of which are children and women. India has 400 million children below the age of 18 years, the largest child population in the world. The State considers it a matter of utmost priority that its children grow and develop in health and happiness, receive education and develop skills, so that they can realize their complete potential and effectively participate and contribute to the social, cultural and economic life of the nation.

The report combines an analysis of the overall implementation of the Convention in the country, a review of its progress, and identification of continuing challenges that impede the effective implementation of children’s rights. India recognizes that the position of women in society, their health, and access to education and information enhances their ability to improve not only their lives but also the lives of their children and families. Children’s rights, especially those of girl children, are irrevocably linked to women’s empowerment.

The reports further notes that India is fully committed to the universalization of elementary education, by not only making it a fundamental right of all its children, but also as a key strategy to address the problems arising from poverty. The Government hopes to establish the National Commission for Children shortly, which will act as a vigilant guardian and protector of children’s rights in the country. India stands today at a crucial crossroad in its path towards greater social progress and actualization of children’s rights, both of which are inextricably linked to each other, and to which the Government is deeply committed.

Introductory Statement

VEENA S. RAO, Joint Secretary, Women and Child Department of India, said her country’s commitment to the rights of the child was enshrined in its Constitution. One of the directive principles of State policy contained in the Constitution stated that the State should ensure that children were given opportunities and facilities to develop in a healthy atmosphere and in conditions of dignity; and that childhood and youth were protected against exploitation and against moral and material abandonment.

India had one of the most comprehensive legal regimes for the protection of children, Ms. Rao continued. The Constitution of India, adopted in 1950, articulated in substantial measures several of the principles of the Convention on the Rights of the Child. Its national policies had seen rapid progress since independence and it had tried to provide maximum outreach for children’s programmes. That was recognition of the importance that children had in the life and well being of a nation.

Poverty was the greatest enemy of children, she said. India’s achievements vis-à-vis all indicators for children for the past decade had been positive if not total, and though India realized it still had a long road ahead, its commitment and determination remained undeterred. India, as a pluralistic society, was committed to bringing about changes in attitude through consultation and decentralized and democratic means, a task that was extremely challenging.

Ms. Rao said that the Constitutional amendment bill of December 2002 had made free and compulsory education a fundamental right for all children in the age group of 6 to 14 years. The “Campaign for Education for All” was the Government of India’s national programme to achieve universalization of elementary education. The National Commission for Children Bill was introduced in parliament last December after intense consultation with states, non-governmental organizations, experts and members of civil society. The Commission would function as a guardian of children’s rights.

Discussion

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert who served as country rapporteur to the report of India, said that although the per capita income had doubled over the last 25 years, India was still a country of pervasive poverty. About half of India’s children under 3 were undernourished. The enrolment rates of girls in school were lower, and their illiteracy rates higher than the respective male rates, and the much lower birth rate of girls was a matter of extreme concern. The number of health care centres had been increased with the rate of infant mortality subsequently decreasing; however, the infant mortality rate was still unacceptably high – many children died in their first year of avoidable infections. The number of schools had increased but still almost 60 million children never attended classes, and only 60 per cent of those who did stayed in school for more than five years.

Mr. Krappmann asked for more information on the competences of the new National Council for Children. Was the Council a body of implementation or a body of monitoring? Was the Council independent so that it could criticise, and was it heard by the Government? There was abundant data demonstrating that the girl child and children belonging to castes were massively hindered from enjoying all rights in the Convention. Those children were supported by affirmative measures especially designed for them in order to increase their educational, health and participatory opportunities.

Another Expert asked why the State party had made a declaration on article 32 of the Convention. The rights of the child pertaining to economic, social and cultural rights could only be implemented progressively subject to the extent of available resources and within the framework of international cooperation. He noted that India had not yet ratified the two Optional Protocols to the Convention. He asked about the role of the Federal Government in influencing states to change some of their laws so that they complied with the provisions of the Convention.

Focusing on the tasks of coordination of the implementation of the provisions of the Convention, an Expert asked what had happened to the established national coordinating mechanism whose members had met only once. What was the composition of the National Commission for Children? Information received shed doubt on the independence of this Commission. Had the Government evaluated the National Plan of Action? Where did the funds to implement the Plan come from? How did it work at the national level?

Another Expert asked why the proposed National Charter for Children had dropped the word “right” in its text. What measures were taken by the State party to redress the state of discrimination against the girl child? What had been the impact of the Beijing Declaration on the rights of girls in India? Girls were deprived of their rights in favour of boys, in matters of medical treatment and food. The enrolment of girls in schools was less than boys. Although the Government had made tremendous progress in female education, the parity between men and women had not yet been achieved. There was also discriminatory practice of screening of pregnancy to detect if the foetus was female, which, in many incidents, resulted in acts of infanticide.

On legislation and awareness, an Expert asked about the law on rape and sexual exploitation concerning girls. She said that the teaching of human rights within the school curriculum had been accepted in principle, but had it been implemented? What measures were taken to increase police awareness of the Convention? What follow-up had been given to the recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW) on the discrimination against and trafficking in women and girls? What measures had been taken concerning caste groups that had no access to the rights under the Convention?

Other Experts also raised questions, among other things, on the role of non-governmental organizations; the rank of the Convention within the domestic federal and state laws; the application of different age groups for girls and boys; the legislation on child labour; the role of local or state authorities on education and child rights; discrimination against girls and the practice of positive discrimination concerning them; India’s reservations on each and every major international human rights convention; the lack of national priority given to the rights of the child; malnutrition due to the shift from food crops to cash crops; the impact of privatization on the rights of children; participation of children at the community level; the relation of the national commission on minorities with children; the different treatment of children in different states and traditions; the level of maturity of children between 7 and 12 years; and how the federal Government monitored the implementation of the Convention.

Responding, the delegation said that the preparations for the report had included the contributions of the 35 states and union territories, which were in turn divided in districts. The document included inputs provided by all the entities and components of the federal departments. Other views of civil society had also been taken into consideration in the preparation of the report. The issue of the rights of children was also dealt with by sectoral departments, which actively worked in the field.

Concerning the situation of children of scheduled castes and scheduled tribes, the delegation said that the rate of development in many of the groups was unequal. The application of positive discrimination had not yet allowed all the segments of the Indian population to reach a level of development that could be qualified as equal. A number of organizations had been set up to report on the implementation of the affirmative action designed to increase the access of those groups to education, health and other basic rights.

Asked why India had not ratified International Labour Organization (ILO) Conventions 138 and 182, the delegation said that the State had ratified a number of ILO conventions and would continue to do so. Due to the size of the country, the authorities did not want to ratify international conventions without amending the necessary legislation that would allow their ratification. In three years time, children would no more work in hazardous jobs.

With regard to the reservation on article 32 of the Convention, the delegation said its withdrawal would be considered once legislation was adopted facilitating its withdrawal.

The Government was making efforts to universalize education, which required a great amount of resources and endeavours, the delegation said. So far, since 1991, the Government had increased the allocation of resources for children’s education.

Representation of children of castes had been substantially increased in elementary and secondary education, the delegation said. Other measures were also taken to allow those children to enjoy opportunities provided in the field of education.

Committee members continued to raise questions with one Expert saying that the number of school dropouts and the rate of absenteeism were as high as 60 per cent. Even the rate of absentee teachers was high. The ambitious target of “education for all” was a laudable programme. But how did India plan to finance the programme? What efforts would be undertaken to bring all children to school?

Another Expert asked how violence inside and outside the house could be dealt with. He noted that NGOs had been contributing positively, by collaborating with the police in preventing violence. He also asked how the legislation against terrorism was applied to children. The delegation was asked about child services and the role they played in preventing children from going into the streets.

An Expert said that the various programmes were not well coordinated and the delegation was asked to elaborate on this issue. The reduction in infant mortality was an encouraging sign, but assurances should be provided for its continuation. The effort to train midwives in all regions had not been fully realized. The rate of breastfeeding was only 55 per cent until the age of four months. Information was also requested about iron-deficiencies among children. Children with HIV/AIDS were discriminated against and even, in some cases, thrown out of hospitals. What was being done to prevent the poisoning of drinking water?

On children with disabilities, another Expert asked about the total budgetary allocation for that group of children. She said she did not find in the report any estimate for 2003 and 2004. The number of children affected by preventable diseases was high. Only 2 per cent of children with disabilities were in school; what was the reason for that low rate?

An Expert commended India for adopting the Hague Convention on the Protection of Children and Cooperation in Matters of Adoption, and asked what guidelines were designed for its implementation. She asked about the manner in which adoptions were carried out in the country, where three kinds of adoptions were being practiced. Were Hindu children included in the system of inter-country adoption?

Responding, the delegation said that the female/male ratio in schools had improved. The Pre-Natal Diagnostic Techniques Act of 1994 had been amended in 2003 to provide for the prohibition of sex selection, as well as more stringent enforcement. Further awareness raising programmes had been implemented through consultations with civil society. A code of medical conduct had also been introduced with a legal provision penalizing doctors who practiced diagnosis with the aim of aborting female foetuses.

The delegation said that the National Charter for Children was a policy document which was still before parliament, but which if passed, would be invoked with regard to the rights of the child. It incorporated the main essence of the provisions of the Convention, and it made the Government accountable for the implementation of those rights. The Charter would also be invoked before courts in relation to no-implementation of children’s rights. The document embodied India’s agenda for children.

The Government believed that children should participate in issues concerning them, with the process being progressively introduced at the grass-roots level, the delegation said.

On the partnership with non-governmental organizations (NGOs), the delegation said that NGOs were active in almost all programmes concerning child rights. The NGOs took part in all fields, including health, education and social affairs. The Government was always willing, as it had in the past, to work with those organizations with the aim of enhancing the implementation of child rights.

A change had been happening in India concerning discrimination against girls, the delegation said. The incidents of sex selection in the rural areas had been decreasing. Women were being emancipated in many areas of the country with an encouraging impact on the attitude towards girl child.

The activities of the “women’s self-help groups” were a silent revolution in Indian society, the delegation said. Indian women were finding their place in society and were assuming their role. The groups had encouraged women to save money by placing it in banks so that they became economically independent.

Birth registration in some Indian states was up to 90 per cent while in other states the rate was as low as 50 per cent, the delegation said. Programmes for the registration of births had been launched on many occasions, including children’s day. Recently, a plan had been designed to register about 100 million children, many of them living in the rural areas.

The high infant mortality rate was a concern to the Indian Government, the delegation said. The Government was focusing on the issue in order to deal with the acceleration of the situation, with more experts seeking solutions. Many of the infants died within the first few weeks of their birth. Only 36 per cent of births took place in hospitals or clinics while the rest took place at home. For that reason, the rate of maternal mortality was high. In areas where women’s self-help groups were operating, the rate of infant mortality was decreasing, which was an encouraging sign.

The figures on breastfeeding were not encouraging, the delegation said, adding that a strong movement supporting breastfeeding was going on in the country to extend the period at least to six months.

The office of the Chief Commissioner for Disability was an independent body that received grievances from people with disabilities, the delegation said. At present, 160,000 children with disabilities were enrolled in schools. With the help of the World Bank, the number of such students had increased. The Government provided scholarships to students with disabilities who desired to pursue their studies at the university level.

Concerning the problem pertaining to school non-attendance by students and teachers, the delegation said that the local authorities were responsible for dealing with such phenomena.

The law prohibited corporal punishment, the delegation said, adding that teachers inflicting corporal punishment could be held accountable for professional misconduct.

The shortage in teachers had incited educational authorities to recruit teachers with less training and educational background, the delegation said. However, a 20-day in-service training programme was provided to teachers each year.

Committee Experts continued querying the delegation on a number of issues relating to the minimum age of criminal responsibility; child victims of armed conflict and the rate of recovery; violence in police custody and detention centres and the measures taken against the perpetrators; the high rate of child labour and bonded labour; the administration of juvenile justice; the situation of refugee children and the lack of refugee legislation (India had not ratified the 1951Geneva Convention concerning Refugee Status); recruitment of children in the army; the banning of the death penalty; the lack of statistics on street children (100 million, according to UNICEF); the ratification of the ILO Convention on labour inspection; and management of natural disasters, among other things.

Responding, the delegation said that although India had not signed the 1951 Convention on the Status of Refugees, it had been hosting people coming from neighbouring countries for many years. Millions of refugees were being hosted in India without the Government signing the Convention which did not take into consideration mass influxes and the effect of the mixture of different races in its text.

The percentage of child labour for children between 14 and 16 had decreased, the delegation said. At the beginning of the 1990s, it had been estimated that 11.5 million children had been working. According to a recent survey, this number had gone down. The Government planned that by the year 2007, the situation would change and all children would be directed to go to school instead of working.

Bondage child labour was related to indebtedness by parents, the delegation said. The Government was attempting to pay off the debts of some families in order to liberate their children from entering into a bonded labour.

The Government was not recruiting children to serve in the army, the delegation said. The allegations that children were recruited to serve either in the army or self defence groups were untrue. In some cases, non-state actors might be involved in such activities.

The Government did not know the full dimension or the extent of street children, the delegation said. It was hoped that with the implementation of schemes designed by civil society and NGOs, their number might be reduced. The schemes would encourage street children to live in centres, return to their families or be expatriated to their places of origin.

Preliminary Concluding Remarks

LOTHAR FRIEDRICH KRAPPMANN, the Committee Expert who acted as country rapporteur to the report of India, thanked the delegation for the competent answers which had enabled the Committee to better understand the country and the progress made. Those answers would help the Committee in writing its concluding observations on the report. He said that besides positive aspects, the conclusions would express concerns which the delegation might not agree with, but “we are partners in the promotion and protection of the rights of children”.

Concluding Remarks by Delegation

VEENA S. RAO (Joint Secretary, Women and Child Department of India) said that India would continue its commitment to the Convention in whatever form it was translated in the country. The Convention would also continue to receive high priority. The legal aspect of the right to education would be reinforced. However, India had to traverse a long way to build its infrastructure and capacities; and it would work with the Committee as an ally.