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12 January 2000
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MORNING
HR/CRC/00/5
12 January 2000
COMMITTEE ON RIGHTS OF CHILD CONCLUDES REVIEW OF REPORT OF INDIA
Caste System Is Obstacle to Human Rights of Children, Experts Say.
The Committee on the Rights of the Child this morning concluded its consideration of the initial report of India by calling on the Government to make more efforts to change the caste social system which was detrimental to the human rights of children.
In their preliminary concluding observations, the members of the Committee said that the report reflected many positive aspects with respect to the promotion and protection of children's rights in India. However, they remarked, many of their questions were not answered by the delegation.
Formal conclusions and recommendations on the report of India will be published in writing towards the end of the Committee's three-week session, which concludes on 28 January.
In the course of their consideration of the report this morning, Committee members raised additional questions on such issues as the juvenile justice system and prison conditions of young offenders; cases of abduction and sale of children; the practice of early marriage; suicide among girls in the rural areas; corruption of law-enforcement agents who inspected youth institutions; breast-feeding; child labour; adolescence pregnancy and abortion; birth registration of children born out of wedlock; AIDS; and the death penalty against juvenile offenders.
The Indian delegation consisted of Kiran Aggarwal, Secretary of the Department of Women and Child Development; Savitri Kunadi, Permanent Representative of India to the United Nations Office at Geneva; V.S. Rao, Joint Secretary of the Department of Women and Child Development; Sharat Sabharwal, Deputy Permanent Representative; R.N. Prasad, Counsellor; and Amarjeet Sinha, Director at the Department of Education.
As one of 191 States parties to the Convention on the Rights of the Child, India is obligated to submit periodic reports on its efforts to improve the promotion and protection of the rights of children. Government delegations generally appear before the panel to discuss these reports and to answer questions.
When the Committee reconvenes at 3 p.m., it will have a discussion on cooperation with other bodies.
Discussion
In response to a number of queries put by Committee experts, the members of the Indian delegation said that the registration act of 1969 was in force and birth registration was taking place in the country. However, the manner in which the registration was done had no uniformity. The registration was carried out by different officers belonging to different ministries. There were also cases where some parents were not aware of the obligation to report the birth of a child to the authorities. A computerized programme was being set up to uniformly register births throughout the country.
The delegation said that India was giving priority to offering education to all its citizens. Education could play an important role in promoting the society and changing the attitude of people. The Government of India believed that education should be "the nuclear power of India".
Responding to a question on police brutality, the delegation said that there had been no recent reported incidents of police brutality concerning children. Whenever such instances came to the attention of the authorities, suitable remedial measures were offered. India had a vibrant media and a vast network of non-governmental organizations that keep a vigilant eye on such matters and brought them to the notice of the authorities.
As a pilot programme, the Government of India had recently launched a "child helpline service" to ensure that every child in the major cities could avail himself or herself of emergency assistance, the delegation said. It was a 24-hour free phone service that could be accessed by any child in need of emergency assistance. The services focused on the needs of children living alone on the street, child labourers working illegally, domestic workers and sexually abused children. At present, the service was available in nine cities and it was expected to cover twenty cities soon.
With regard to a question on cases of atrocities committed in the Bihar region, the delegation said that rural violence had been taking place in that area because of certain ultra-radical leftist groups which believed in a violent struggle to resolve the conflict between the poor and land owners. The community members had taken the law in their hands, the delegation said.
Corporal punishment in families was usually not reported as the family was a private institution, the delegation said. The 1986 Indian national policy on education explicitly mentioned that any form of corporal punishment should be firmly excluded from the educational system. In addition, the Department of Education was in the process of launching awareness campaigns to sensitize and dissuade teachers and parents from inflicting such forms of punishment on children.
The 1956 law on adoption ensured that the adopted child had all the rights and privileges which a legitimate child enjoyed, the delegation said. In order to facilitate inter-country adoption, the Government had set up the Central Adoption Resource Agency. Only international agencies recognized by this Indian agency were allowed to initiate adoption procedures. About 76 Indian and 297 foreign voluntary non-profit agencies were recognized by India to deal with inter-country adoption of Indian children.
Reacting to a question on "manual scavengers", which involved children, the delegation said that this practise had been banned and toilettes had been modernized.
Children had no access to pornographic and violent information because of censorship. The society also repressed the dissemination of such information, the delegation said.
Asked about the situation of child victims in the Jammu and Kashmir region and the measures undertaken by the Government of India to rehabilitate them, the delegation said that psychological and physical rehabilitation had been carried out for a number of widows and children. A programme of rehabilitation had been going on since 1995 involving those affected by the conflict. In addition, foster care homes had been run for children in need, while other children were provided with vocational training and scholarships to pursue their studies. In order to rehabilitate handicapped children who were victims of the conflict, the Government had been running six camps in the Jammu and Kashmir region.
Concerning displaced persons in the Northeast region of the country, the delegation said that some of the hill districts of Manipur had experienced ethnic violence from 1991 to 1995 with more than 700 people killed and 6,000 houses burnt down. About 11,000 families were rendered homeless due to the violence. In addition, 22,000 children in the age group of 0-10 years were in need of specialized services and care.
There was a Minorities' Commission to deal with grievances and complaints lodged by linguistic and religious minorities, the delegation said. In addition, to satisfy the needs of all ethnic or other minorities in the country, the Government had created a financial institution which provided loans and scholarships to children belonging to minority groups.
In the course of their consideration, Committee members raised additional questions on such issues as the juvenile justice system and prison conditions of young offenders; cases of abduction and sale of children; the practice of early marriage; suicide among girls in the rural areas; corruption of law-enforcing agents who inspected youth institutions; breast-feeding; child labour; adolescence pregnancy and abortion; birth registration of children born out of wedlock; AIDS; and the death penalty against juvenile offenders.
Responding to the questions put by the experts, the members of the delegation said that the Government was making efforts to discourage employers not to use children as labourers. There were about 20 million child labourers, more in the agricultural sector than in the industrial sectors. Children were particularly engaged in carpet factories. The Government's attention was directed in "liberating" the children so that they went back to school.
India had been hosting refugees for many years by providing them with all the necessary needs such as education, vocational training and employment, the delegation said. Although India was not party to the 1951 Refugee Convention, it had done much to assist refugees, some of them for many decades, more so than other countries which were signatories to the Convention. There was no possibility of refoulement, the delegation said.
Preliminary Concluding Observations
In their preliminary concluding observations on the report of India, the members of the Committee said that it reflected many positive aspects with respect to the promotion and protection of children's rights. However, they remarked, many of their questions were not answered by the delegation.
The report did not shed light on such issues as the special protection of children and children's right to express their opinions, the experts said. Issues relating to housing should also be addressed, particularly in places where minorities lived. In addition, environmental health and comprehensive settlement programmes had to be looked into.
The caste system was an obstacle to the human rights of children, the experts said. The Government of India should continue its efforts to change the attitude of the population with regard to the caste social system. The Federal Government should also oversee that the provisions of the Convention on the Rights of the Child were uniformly implemented in all states so that Indian children enjoyed their rights.
The Committee was aware of the enormous work carried out by the Government of India in this highly complex country, the experts said. However, more efforts had to be carried out to change the outlook and attitude of the country so that international treaties could effectively be implemented. In addition, democracy and respect should be extended to children. The experts recommended that the delegation, upon return home, disseminate the report and the outcome of the dialogue with the members of the Committee.
HR/CRC/00/5
12 January 2000
COMMITTEE ON RIGHTS OF CHILD CONCLUDES REVIEW OF REPORT OF INDIA
Caste System Is Obstacle to Human Rights of Children, Experts Say.
The Committee on the Rights of the Child this morning concluded its consideration of the initial report of India by calling on the Government to make more efforts to change the caste social system which was detrimental to the human rights of children.
In their preliminary concluding observations, the members of the Committee said that the report reflected many positive aspects with respect to the promotion and protection of children's rights in India. However, they remarked, many of their questions were not answered by the delegation.
Formal conclusions and recommendations on the report of India will be published in writing towards the end of the Committee's three-week session, which concludes on 28 January.
In the course of their consideration of the report this morning, Committee members raised additional questions on such issues as the juvenile justice system and prison conditions of young offenders; cases of abduction and sale of children; the practice of early marriage; suicide among girls in the rural areas; corruption of law-enforcement agents who inspected youth institutions; breast-feeding; child labour; adolescence pregnancy and abortion; birth registration of children born out of wedlock; AIDS; and the death penalty against juvenile offenders.
The Indian delegation consisted of Kiran Aggarwal, Secretary of the Department of Women and Child Development; Savitri Kunadi, Permanent Representative of India to the United Nations Office at Geneva; V.S. Rao, Joint Secretary of the Department of Women and Child Development; Sharat Sabharwal, Deputy Permanent Representative; R.N. Prasad, Counsellor; and Amarjeet Sinha, Director at the Department of Education.
As one of 191 States parties to the Convention on the Rights of the Child, India is obligated to submit periodic reports on its efforts to improve the promotion and protection of the rights of children. Government delegations generally appear before the panel to discuss these reports and to answer questions.
When the Committee reconvenes at 3 p.m., it will have a discussion on cooperation with other bodies.
Discussion
In response to a number of queries put by Committee experts, the members of the Indian delegation said that the registration act of 1969 was in force and birth registration was taking place in the country. However, the manner in which the registration was done had no uniformity. The registration was carried out by different officers belonging to different ministries. There were also cases where some parents were not aware of the obligation to report the birth of a child to the authorities. A computerized programme was being set up to uniformly register births throughout the country.
The delegation said that India was giving priority to offering education to all its citizens. Education could play an important role in promoting the society and changing the attitude of people. The Government of India believed that education should be "the nuclear power of India".
Responding to a question on police brutality, the delegation said that there had been no recent reported incidents of police brutality concerning children. Whenever such instances came to the attention of the authorities, suitable remedial measures were offered. India had a vibrant media and a vast network of non-governmental organizations that keep a vigilant eye on such matters and brought them to the notice of the authorities.
As a pilot programme, the Government of India had recently launched a "child helpline service" to ensure that every child in the major cities could avail himself or herself of emergency assistance, the delegation said. It was a 24-hour free phone service that could be accessed by any child in need of emergency assistance. The services focused on the needs of children living alone on the street, child labourers working illegally, domestic workers and sexually abused children. At present, the service was available in nine cities and it was expected to cover twenty cities soon.
With regard to a question on cases of atrocities committed in the Bihar region, the delegation said that rural violence had been taking place in that area because of certain ultra-radical leftist groups which believed in a violent struggle to resolve the conflict between the poor and land owners. The community members had taken the law in their hands, the delegation said.
Corporal punishment in families was usually not reported as the family was a private institution, the delegation said. The 1986 Indian national policy on education explicitly mentioned that any form of corporal punishment should be firmly excluded from the educational system. In addition, the Department of Education was in the process of launching awareness campaigns to sensitize and dissuade teachers and parents from inflicting such forms of punishment on children.
The 1956 law on adoption ensured that the adopted child had all the rights and privileges which a legitimate child enjoyed, the delegation said. In order to facilitate inter-country adoption, the Government had set up the Central Adoption Resource Agency. Only international agencies recognized by this Indian agency were allowed to initiate adoption procedures. About 76 Indian and 297 foreign voluntary non-profit agencies were recognized by India to deal with inter-country adoption of Indian children.
Reacting to a question on "manual scavengers", which involved children, the delegation said that this practise had been banned and toilettes had been modernized.
Children had no access to pornographic and violent information because of censorship. The society also repressed the dissemination of such information, the delegation said.
Asked about the situation of child victims in the Jammu and Kashmir region and the measures undertaken by the Government of India to rehabilitate them, the delegation said that psychological and physical rehabilitation had been carried out for a number of widows and children. A programme of rehabilitation had been going on since 1995 involving those affected by the conflict. In addition, foster care homes had been run for children in need, while other children were provided with vocational training and scholarships to pursue their studies. In order to rehabilitate handicapped children who were victims of the conflict, the Government had been running six camps in the Jammu and Kashmir region.
Concerning displaced persons in the Northeast region of the country, the delegation said that some of the hill districts of Manipur had experienced ethnic violence from 1991 to 1995 with more than 700 people killed and 6,000 houses burnt down. About 11,000 families were rendered homeless due to the violence. In addition, 22,000 children in the age group of 0-10 years were in need of specialized services and care.
There was a Minorities' Commission to deal with grievances and complaints lodged by linguistic and religious minorities, the delegation said. In addition, to satisfy the needs of all ethnic or other minorities in the country, the Government had created a financial institution which provided loans and scholarships to children belonging to minority groups.
In the course of their consideration, Committee members raised additional questions on such issues as the juvenile justice system and prison conditions of young offenders; cases of abduction and sale of children; the practice of early marriage; suicide among girls in the rural areas; corruption of law-enforcing agents who inspected youth institutions; breast-feeding; child labour; adolescence pregnancy and abortion; birth registration of children born out of wedlock; AIDS; and the death penalty against juvenile offenders.
Responding to the questions put by the experts, the members of the delegation said that the Government was making efforts to discourage employers not to use children as labourers. There were about 20 million child labourers, more in the agricultural sector than in the industrial sectors. Children were particularly engaged in carpet factories. The Government's attention was directed in "liberating" the children so that they went back to school.
India had been hosting refugees for many years by providing them with all the necessary needs such as education, vocational training and employment, the delegation said. Although India was not party to the 1951 Refugee Convention, it had done much to assist refugees, some of them for many decades, more so than other countries which were signatories to the Convention. There was no possibility of refoulement, the delegation said.
Preliminary Concluding Observations
In their preliminary concluding observations on the report of India, the members of the Committee said that it reflected many positive aspects with respect to the promotion and protection of children's rights. However, they remarked, many of their questions were not answered by the delegation.
The report did not shed light on such issues as the special protection of children and children's right to express their opinions, the experts said. Issues relating to housing should also be addressed, particularly in places where minorities lived. In addition, environmental health and comprehensive settlement programmes had to be looked into.
The caste system was an obstacle to the human rights of children, the experts said. The Government of India should continue its efforts to change the attitude of the population with regard to the caste social system. The Federal Government should also oversee that the provisions of the Convention on the Rights of the Child were uniformly implemented in all states so that Indian children enjoyed their rights.
The Committee was aware of the enormous work carried out by the Government of India in this highly complex country, the experts said. However, more efforts had to be carried out to change the outlook and attitude of the country so that international treaties could effectively be implemented. In addition, democracy and respect should be extended to children. The experts recommended that the delegation, upon return home, disseminate the report and the outcome of the dialogue with the members of the Committee.