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11 January 2000

MORNING
HR/CRC/00/3
11 January 2000



COMMITTEE ON RIGHTS OF CHILD STARTS CONSIDERATION OF
INITIAL REPORT OF INDIA ON COMPLIANCE WITH CONVENTION


Hears Statement by Official of High Commissioner's Office for Human Rights

The Committee on the Rights of the Child began this morning consideration of an initial report from India, querying a Government delegation, among other things, about the caste system and its social structure, the situation of bonded labour and violence against minorities.

Introducing the report, Kiran Aggarwal, Secretary of the Department of Women and Child Development of India, said her country was not only completely committed to the Convention on the Rights of the Child but had also demonstrated its commitment by the constant and vigilant review of its implementation, by speeding up programmes which were proving successful, and by correcting or creating new policies and programmes in the missing areas. She said many of the articles of the Convention were enshrined in India's Constitution, the National Policy for Children and the National Plan of Action for Children, which together formed the foundation of India's affirmative action in that area.

The delegation from India also consisted of 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 required to provide the Committee with periodic reports on its efforts to implement the treaty's provisions. The written reports serve as a basis for questioning and discussion between Government delegations and Committee experts.

Also this morning, the Committee heard a statement from Hamid Gaham, the Chief of the Support Services Branch of the Office of the High Commissioner for Human Rights, who said that the promotion and protection of the rights of the child constituted one of the priorities of the Office.

The Committee will reconvene at 3 p.m. to continue its consideration of the report of India.

Statement by the Chief of the Support Services Branch of the Office of the High Commissioner for Human Rights

HAMID GAHAM, Chief of the Support Services Branch of the Office of the United Nations High Commissioner for Human Rights, said that the promotion and protection of the rights of the child constituted one of the priorities of the Office. For that reason, the work of the Committee was crucial for all to identify the remaining needs as well as the progress realized in implementing the provisions of the Convention on the Rights of the Child.

Mr. Gaham recalled that in 1996, the High Commissioner for Human Rights had launched, with the active support of the Committee and its contribution to the concept, a Plan of Action aimed at strengthening the implementation of the Convention on the Rights of the Child. The programme, which became operational in 1997, had permitted the Committee to benefit from substantive support from the High Commissioner in the implementation of the Committee's recommendations.

Mr. Gaham continued to say that High Commissioner Mary Robinson was so inspired by the positive experience of the Committee that she had decided to establish a global Plan of Action for all treaty bodies based in Geneva. However, the Plan of Action for the rights of the child would remain as an autonomous programme within the global Plan of Action.

With regard to the optional protocol to the Convention on the Rights of the Child, Mr. Gaham told the members of the Committee that the two Working Groups charged with elaborating draft optional protocols to the Convention were meeting this month at the Palais des Nations and their meeting coincided with that of the Committee. The sixth session of the Working Group charged with elaborating a draft optional protocol concerning children in armed conflict had started its work yesterday. The Working Group charged with elaborating a draft optional protocol regarding sale of children, child prostitution and child pornography would hold its session from 24 January to 4 February 2000.

Initial Report of India

The initial report of India (document CRC/C/28/Add.10) enumerates the administrative and legislative measures taken by the Government to promote and protect the rights of Indian children. It says that the population of India is young, with children below 15 years making up 36 per cent of the people; thus, two out of every five persons are below 15 years of age. Children constitute the nation's future human resource. A young population imposes certain constraints in terms of investment decisions, particularly relating to education, nutrition and child health.

The report says that India's commitment to the cause of children is as old as its civilization. The child is believed to be a gift of the Gods that must be nurtured with care and affection within the family and the society. Unfortunately, due to socio-economic factors, the incidence of neglect, abuse and deprivation, particularly in the poverty afflicted sections of the society, has gradually increased.

Furthermore, the report states that India now has an infrastructure available for translating the Convention's provisions into reality in a phased manner, despite there being gaps in provisions available to the Indian child under many articles. The National Plan of Action for children is an important tool for the Government to monitor the progress of its own commitment. Concerted measures are being taken to achieve targets within the stipulated time-frame.

The report also says that unless the life of the child in the family and community improves, all development efforts will be meaningless. The aim of the Government is to empower the younger generation to assert their basic rights. The rights approach to child development is gradually gaining importance and will henceforth form the basis of the Government's strategy towards child development.

Introduction of India's Report

KIRAN AGGARWAL, Secretary of the Department of Women and Child Development of India, said that her country was made up of an extremely pluralistic and heterogenous society, multilingual, multi-religious and multi-cultural. But cutting across all of those, Indian culture and ethos believed fundamentally that a child was a God-given gift which must be nurtured with care and affection within the family and society. In addition, the family as an institution continued to be strong and stable in India.

Ms. Aggarwal said that India was not only completely committed to the Convention on the Rights of the Child but had demonstrated its commitment by the constant and vigilant review of its implementation by speeding up programmes which were proving successful and correcting or building new policies and programmes in the missing areas. Many of the articles of the Convention on the Rights of the Child were enshrined in India's Constitution, the National Policy for Children and the National Plan of Action for Children, which together formed the foundation of India's affirmative action in that area.

Infant and child mortality had reduced considerably in the last decade with immunization coverage and provision of safe drinking water having received a major boost, Ms. Aggarwal went on to state. But the Government realized that the mortality rates were still high. One major gap in the survival and health programmes for children was in the nutritional and micro-nutrient needs of children. In order to address that problem, the Government was proposing to launch a National Nutrition Mission which would aim at attacking and overcoming the inter-generational cycle of malnutrition, she said.

Discussion

At the beginning of the discussion, Committee members raised a number of questions. They asked, among other things, if the caste system and its social structure were not handicaps to the development of the rights of the child in general; if the caste system was an inherent obstacle to the realization of the rights of all Indian children; about the situation of bonded labour; about violence against minorities; about budgetary allocations for the development of child rights; about the monitoring mechanisms of the implementation of children's rights; and about free and compulsory education for children.

In response to the experts' queries, the Indian delegation said that the planning commission was responsible for overseeing the implementation of schemes designed to promote the rights of the child at the central and state levels. At state levels, additional measures had been adopted to monitor the implementation of programmes aimed at promoting the rights of the child.

Equality before the law without any distinction as to caste, race, colour and sex had been guaranteed by the Indian Constitution immediately after independence in 1947, the delegation said. A number of states had also established their own constitutional system guaranteeing equality before the law.

The Government of India was moving from the welfare approach to a rights-based strategy concerning the treatment of children, the delegation said. At the time of independence in 1947, the treatment of children had been based on the welfare approach and that system had continued for some time. At present, the rights-based approach was widespread and the Government was working towards the full implementation of the rights of the child.

The Ministry of Labour had taken a series of measures concerning the prohibition of the employment of children in industrial complexes, the delegation said, adding that further measures were envisaged to eliminate child labour in general. Regional states were also implementing the law on prohibiting the employment of young people through labour inspection.

Following the ruling of the Supreme Court in 1993, elementary education had been made a fundamental right of all Indians, the delegation said. It noted, however, that education had already been compulsory until the age of 14. In addition, new arrangements for compulsory education had been put in place both by the central and state governments.

The provisions of the Convention were translated into 14 major Indian languages and the text was widely disseminated throughout the country, the delegation said. In addition to the Government's efforts, civil societies were also involved in the dissemination of the Convention.