child rightsThe Committee recommends thatthe State party:(a) Make every effort to increase the proportion of the budget allocated to the realizationof children’s rights to the “maximum extent … of available resources” and, in this context,to ensure the provision, including through international cooperation, of appropriatehuman resources and to guarantee that the implementation of policies relating to socialservices provided to children remain a priority; and(b) Develop ways to assess the impact of budgetary allocations on the implementation ofchildren’s rights, and to collect and disseminate information in this regard.Concluding Observations, IndiaCommittee on The Rights of The Child, Thirty-fifth Sessionand indirectly, which by itself putsresponsibility to allocate them forsuch purpose.Initial exercises and studies carriedout by HAQ: Centre for ChildRights on child budget have beenvery rewarding. They have proved tobe a significant step for engaging inprocess of governance because thenecessary information and data havebeen made available to the stakeholders.The state and the activistgroups involved in advocacy for childrights need this data and analysis tounderstand the budgetary trade-offsand governmental constraints. It isimportant not only for the civil societygroups for purposes of advocacybut also for the policy makers, implementersand legislators. Therefore,it is significant that theDepartment of Women and ChildDevelopment invited HAQ last yearto several meetings and consultationsfor making presentations on itsbudget work. Initially our presentationsfed into government’s preparationsfor a gender budget analysisand subsequently, the Departmentadopted the concept as well as themethodology in its work on children’sbudget. For the first time in India’shistory the Department of Womenand Child Development undertook achild budgeting exercise drawingupon HAQ’s work. The chapter onChild Budget in the Annual Reportof the Department for Women andChild Development, Ministry ofHuman Resources Development,2002-2003 says, “A pioneering effortwas made by HAQ: Centre for ChildRights, in their publication ‘India’sChildren and the Union Budget’.”Realising that any meaningfulanalysis of child budgets cannot beconfined to the Union Governmentonly, HAQ is currently engaged inanalysis of state budgets in AndhraPradesh, Orissa and HimachalPradesh in partnership with M.V.Foundation (Hyderabad), OpenLearning Systems (Bhubaneswar)and Himachal Pradesh VoluntaryHealth Association (Shimla).However, having undertaken thefirst step of monitoring andanalysing the budget brings us to thenext set of questions. Who wouldhelp identify the reasons for thegaps and the child service deliveryareas that need strengthening? Is ita matter of good governance alone?Can it be left to the parliament andthe state legislatures alone or isthere any role for the civil societyand advocacy groups? Monitoringand pointing out the gaps are equallyimportant, but perhaps new partnershipsare required.After all, every year, thrice a yearthe people’s representatives inParliament discuss, debate, deliberateand make decisions on behalf ofover a billion citizens of India. Theseare the same people who also representthe children of this country.Every election, these elected representativescome to us and make loftypromises—some they fulfil, mostremain simply that—a promise, onlyto be reiterated in the next elections,or discarded in favour of a new one.With a broader understanding ofgovernance the role and responsibilityof civil society groups can be easilydiscerned. Union budget is discussed,debated and deliberatedupon, before being passed by the parliament,the key institution of governanceand the guardian of Indianparliamentary democracy. Indeed, itis the Legislature that too needs tobe monitored and addressed and thelegisislators held accountable.Therefore, HAQ felt it imperativeto look at the actual concerns of theMPs as far as children are concerned.Do they represent the interestsof ALL children of this country?What are the issues, which havecompelled them to be raised and discussed?Do they have any sustainedinterest and requisite commitmentto follow up the issues raised bythem? It not only helps in identifyingthe trends and pressing concerns ofthe nation but also those childfriendlyMPs who could be bankedupon for raising Child Rights’ issues.For purposes of advocacy it is necessaryto find allies in all the relevantareas of governance. Over the lastone year, apart from Child budget,HAQ has also been looking at theparliament questions and debates.It is one of the findings of HAQ thatthe source of the question is mostlythe media, particularly the printmedia. There is a two-fold implicationof this fact. The media has to bemade conscious of its role of raisingcritical issues and reporting responsibly.The parliamentarians alsoneed to be provided with importantinformation, since they seem to bewanting in their ‘home work’.Therein comes the role of civil societygroups like, HAQ, which need tointervene and provide them withnecessary information and the backgroundmaterial that emerges fromtheir analysis.In any case, in the new understandingof governance, in a democraticsociety it is citizens’ and civil26 combat law • April - May 2004
child rightssociety groups’ responsibility toengage in a wide range of ways be itpolitical, social or administrativestructure of a society.Good governance is no longerequated with “sound developmentmanagement” that is, “the manner inwhich power is exercised in the managementof a country’s economic andsocial resources for development”only. The key aspects of governanceso understood were public sectormanagement, accountability, a legalframework and information. In thisunderstanding ‘politics’ or the manyways in which democratic citizensdetermine the shape of their societieswere not taken into account.The UNDP account of governanceadopted in 2000, defines governanceas “the exercise of political, economicand administrative authority toAstudy conducted by theUnited NationsPopulation Fund saysthat there are an estimated4 million womenand girls who are trafficked. Today,unfortunately, trafficking hasbecome an international industry,perhaps even stronger than the narcotics.Traffickers use modern andinnovative methods to change theirpattern and to circumvent the lawwhile the legal system sticks to itsarchaic ways.The manner in which cases of traffickingare handled, coupled withsimple numbers that indicate therise in the number of children beingtrafficked, reflects that we areleagues behind the powerful networkof traffickers. We will continue to lagbehind if the enforcement of thecases is handled in the currentbureaucratic manner where it takesdays to register a simple case againstthe trafficker. The State machinerymanage a country’s affairs. It comprisesof the mechanisms, processesand institutions through which citizensand groups articulate theirinterests, exercise their legal rights,meet their obligations and mediatetheir differences.” (MarthaNussbaum in UNDP, Essays onGender and Governance, 2003, p.4)This definition suggests that a studyof governance must include not onlyeconomic management but also politicalparticipation very generally –and participation in both formalinstitutions of the state and theinformal groups, movements andinstitutions of civil society.In a democratic country like India,civil society groups’ monitoring ofwhat the government spends onchildren would lend a strong andeffective voice to the children whoincharge of the prosecution rarely cooperatesand refuses to be proactiveabout the rights of the victim.Invariably, the arrests are made onlyof the brothel owner, while the entirenetwork of players is ignored. Thevictims are “rescued” and kept ingovernment homes. Thereafter theyare “rehabilitated” which means,quiet simply, that their parents arelocated and the girls sent back tothe parents. The victims then have achoice between hostileparents and seeminglywelcoming brothelowners.Prostitution hasdeparted from the traditionalways that it wasonce understood.“Friendship clubs”, earmarkedbars, escortservices and many morenew forms haveemerged. Child pornography,sex tourism,friendship centers, massageparlours are somecannot vote, lobby or speak out forthemselves.Thus monitoring and scrutinisingall the union and state budgets aswell as the questions asked by ourlegislatures could go a long way inparticipating in governance andmaking reliable data available onthe priorities of the government asreflected in its actual expenditureand justifications thereof. It hastremendous potential as attentioncan be drawn to areas that needemphasis and focus.Rita Vohra is the Programme Coordinator,Children andGovernance, HAQ: Centre for ChildRights NewDelhi working towardsthe recognition, promotion and protectionof all children.CLSexual Exploitation Of ChildrenBY APARNA BHAT27 combat law • April - May 2004Prostitutionhasdepartedfrom thetraditionalways thatit wasonceunderstood.of the extensions of the commercialsexual exploitation of children in theglobalised world. These forms are asignificant departure from traditionalchild prostitution in identifiedbrothels.However, the victims who areforced or cheated into prostitutionremain the same. These are largelyhelpless, illiterate, uneducated,young, unexposed, persons who comefrom a disadvantaged socio economicbackground, have adeprived personal life,and have landed up inprostitution in theirsearch for betterprospects. As depictedby Prerana, a MumbaibaedNGO, “they arethe victims of criminalconspiracy, cheating,deception, andcoercion.”One of the mostshocking developmentsin the recent years isthe fact that the mini-