Jan-Mar08.pmd 5/12/2008, 8:19 PM 1 - Nipccd
Jan-Mar08.pmd 5/12/2008, 8:19 PM 1 - Nipccd
Jan-Mar08.pmd 5/12/2008, 8:19 PM 1 - Nipccd
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Parliamentary Standing Committee<br />
A Meeting of the Parliamentary Standing Committee on Human Resource Development for examination of Demands<br />
for Grants (<strong>2008</strong>-09) of the Ministry of Women and Child Development was held on 28 March <strong>2008</strong> under the<br />
Chairmanship of Shri <strong>Jan</strong>ardan Dwivedi in Parliament Annexe. Secretary (WCD) made an in-depth presentation on the<br />
schemes and programmes of the Ministry and its achievements as well as the initiatives for <strong>2008</strong>-09. The committee<br />
deliberated on various issues pertaining to the Ministry on the Demands for Grants <strong>2008</strong>-09.<br />
Panel to Decide Upper Age Limit of Childhood<br />
When does childhood end? At 18, when a girl can marry; 16, when she can give consent for sex; or 14, when a<br />
person can work in hazardous jobs? These legal ambiguities may soon be history with moves afoot to hammer<br />
out a uniform definition of “child” in India.<br />
The National Commission for Protection of Child Rights (NCPCR) has constituted a committee, comprising<br />
representatives from ministries of HRD, labour and women and child development, to redefine the upper age<br />
limit of childhood in the country. The committee, chaired by NCPCR member Deepa Dikshit, is likely to follow<br />
the UN Convention on the Rights of the Child while arriving at a common age, after which a person should not<br />
be legally regarded as a child.<br />
According to Article 1 of United Nations Convention on Rights of Child (UNCRC), “a child means every human<br />
being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”. The<br />
Article, however, grants individual countries the discretion to determine by law whether childhood ceases at <strong>12</strong>,<br />
14, 16 or whatever age is found appropriate. Being a signatory to UNCRC, NCPCR in its preamble, vows to<br />
protect the rights of anyone under the age of 18.<br />
Having a single definition of childhood age will have far-reaching consequences. “There are multiple variations<br />
in India about the definition of a child. NCPCR believes that UNCRC’s definition of a child should be universally<br />
accepted by the government for right to education, prevention of child labour, booking anyone under criminal<br />
law or any other purpose. This would certainly be a step forward for protection of child rights in education, as<br />
lakhs of children in the age group of 15-18 years will then be able to avail of government schemes of free and<br />
compulsory education. Currently the right to education is restricted to the age of 14, when a child is in Class VIII<br />
or IX. There should be compulsory education till 18 years, when they can at least study till Class XII, NCPCR<br />
chairperson Shantha Sinha told TOI.<br />
There are wide variations regarding the definition of a child in India. For purposes of legal protection against<br />
kidnapping and related offences, it’s 16 years for boys and 18 for girls. But for special treatment under the<br />
Juvenile Justice (Care and Protection of Children) Act 2000, the age is 18 for both boys and girls. And the<br />
Protection of Women from Domestic Violence Act 2005 defines a child as any person below the age of 18, and<br />
includes an adopted step or foster child.<br />
“Article 21A of the Constitution of India says that the state shall provide free and compulsory education to all<br />
children within the ages of six and 14, while Article 45 specifies that the state shall endeavour to provide early<br />
childhood care and education for all children until they complete the age of six.” Sinha said.<br />
The Times of India, 14 <strong>Jan</strong>uary <strong>2008</strong><br />
MWCD Newsletter Sampark Volume 4 Issue 3<br />
15<br />
<strong>Jan</strong>-<strong>Mar08.pmd</strong> 15<br />
5/<strong>12</strong>/<strong>2008</strong>, 8:<strong>19</strong> <strong>PM</strong>