India's future—its 430 million children—can finally look forward to being treated as individuals and granted their due rights. This will be ensured by the Commission for Protection of Child Rights Bill 2005, passed in Parliament in December last year. The commission is slated to become functional from March this year, post a formal presidential nod. It will examine and review the safeguards for the protection of child rights and look into matters relating to children in need of special care and protection. This will include those in distress, in conflict with law, juvenile delinquents, children without family and children of prisoners. It will recommend appropriate remedial measures, all of which have been spelt out for the first time in the bill. The commission also has the mandate to examine all factors that curtail the rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS and human trafficking.
It has taken India far too long to formulate a comprehensive national plan of action for children and set up a separate national commission for children. And rumour has it that it has acted now fearing censure from the UN. Being a signatory to the Convention on the Rights of the Child on December 11, 1992, India was bound to come out with an action plan. But everyone working with children is agreed that the bill is a positive first step.
"Jab jaago tabhi savera (it's dawn whenever you wake up)," says joint secretary, women and child development, Loveleen Kacker, when asked about the delay in pushing through the bill and setting up a commission for children. "It's not UN pressure. We are a young nation and it is time for us to protect the young," she says.
Child rights activists have all along confronted the government with startling statistics on the status of Indian children. Nearly 17 million children have to work for a living, many of them in hazardous environments. Close to 30 per cent of the two million sex workers are under-age. Yet only 3 per cent of the gdp goes towards welfare schemes targeted at children. Less than half of India's 430 million children go to schools. Faced with the appalling statistics, the child development department under the Union ministry of human resources and development has finally done something.
The government thinks the bill has enough teeth. Not the child rights activists. On paper, the commission can take suo motu notice of matters relating to deprivation of child rights, non-implementation of laws, providing for protection and development of children with the aim of bringing succour to the deprived. More importantly, the commission shall, while inquiring into any matter referred to it, have all the powers of a civil court. It can summon and enforce the attendance of any person and examine him or her on oath; requisition any public record or copy from any court or office. It may even approach the Supreme Court or the high court for directions or writs.