BY ENAKSHI GANGULY THUKRALEvery time my 16-year olddaughter gets on to stageto dance, she dusts someextremely fine shinystuff on her face and itglitters and shines. By the time sheis off the stage, most of the shiny glitteris gone, except for some bits ofsparkle here and there…and by thenext morning, there is no trace of it.India’s shine is much like that—heretoday, gone tomorrow —effervescentand transient.Every day we see articles focusingon the shining and the non-shining`bits’ of India. But if anything or anyonetruly shines in India today-it isits children, comprising over onefourth of our population. Resilientand lively, they continue to smile andgive hope in the not so shining ‘bits’ ofIndia that most of them inhabit. Butthen, they are not voters. What theythink or feel does not count.As Indians we constitute 16 percent of the world’s population,occupying 2.42 percent of its landarea. It has more working childrenthan any other nation, as also amongthe lowest female-male ratios.Despite Constitutional guarantees ofcivil rights, children face discriminationon the basis of caste, religion,ethnicity and religion. Even thebasic need for birth registration thatwill assure them a nationality andidentity remains unaddressed,affecting children’s right to basicservices.India is also home to one of thelargest illiterate citizenries in theworld. In the not so shining India wesee, hear and read of, children aredying of starvation, while food in ourgranaries rots and feeds rats. Wewatch while female sex ratio dips.child rightsChildren’s Rights inShining IndiaLittle children, barelyable to stand, are marriedoff flouting alllaws. Little ones aresacrificed, traffickedand sold; as others arelocked, abused,sodomised – the list isendless. And there areall those realities thatnever make the news.We know this is onlythe tip of the iceberg,but we choose not toact. Our silence andtolerance not only condonessuch violation ofrights, it also makesus guilty of complicity.Therefore, anyunderstanding ofhuman rights of childrencannot be confinedto some children-‘poor children’, ‘workingchildren’ and ‘marginalisedchildren’.Such categories onlyhelp us to remove ourselvesfrom the problem.Let us not deludeourselves. Violationsof children’s rights arenot limited to the poorand downtrodden.They happen in middleclass and elitehomes too, albeit indifferent forms, andthe silence aroundthese is even deeper.Also, any analysis onthe situation of childrenmust be understoodwithin the contextof the economic and politicalchanges in the country. Of particularimportance are globalisation and lib-PHOTO COURTESY: GANPAT LAD4 combat law • April - May 2004Can we promise them an India that truly shines?eralisation, and the gender, casteand religious attitudes that prevailtoday. All these add to children’s vul-
child rightsnerability and affect any action thatmay be taken for them.Children are not a homogeneouscategory. Like adults, they are dividedinto different categories based onsocial and economic status, physicaland mental ability, geographicallocation etc. These differences determinethe difference in the degree oftheir vulnerability. While genderdiscrimination exists almost all overthe world, it is much greater in somecountries - and India is definitely oneof them. Girls in vulnerable situationssuch as poverty, disability,homelessness etc. find themselvesdoubly disadvantaged, by their genderand the physical, economic, political,social situation that they findthemselves in. It is therefore imperativeto take a gender perspective intoaccount in examining the situation ofchildren.The Rights vs. WelfaristApproachThe Constitution of India providesa comprehensive understanding ofchild rights. A fairly comprehensivelegal regime exists for their implementation.India is also signatory toseveral international legal instrumentsincluding the Convention ofthe Rights of the Child (CRC).However, the government seems tobe more comfortable with the idea ofwell-being rather than rights (withits political overtones). Child rightsactivists are faced with challenges ofpromoting and protecting rights as apositive social value.Needless to say, ours is not the onlygovernment to do so. The UnionGovernment’s ideology resonateswith the watering down of the rightsbased framework in the recent UNSpecial Session on Children whichfailed to reaffirm internationalpledges made in 1990 to protect therights of children.The government’s approachremains largely welfarist. India isyet to adopt a single comprehensivecode that addresses the provisions ofthe CRC. Clearly the draft NationalPolicy (Charter) for Children whichhas been recently passed in parliament,and is envisaged as being sucha code, is inadequate as it does notaddress the full range of rights. Itdoes not make any reference to theCRC. In the words of the JointSecretary Department of Womenand Child, GOI, it captures the‘essence of the CRC’ thereby does notneed to refer to it!Child Rights: From anAdult’s PerspectiveAn examination of the laws showsthat although they are meant to protectthe interests of children, theyhave been formulated from the pointof view of adults and not children.They are neither child -centred, norchild friendly, nor do they alwaysresonate with the CRC.The problem begins with the verydefinition of ‘child’ within the Indianlegal and policy framework. TheCRC defines children as personsbelow the age of 18 years, howeverdifferent laws stipulate different cutoff ages to define the child. Only theJuvenile Justice (Care andProtection) Act 2000 is in consonancewith the Convention. In the absenceof a clear definition of a child, it is leftto various laws and interpretations.That our laws not child friendly orchild oriented is also evident in thedistinction family laws makebetween legitimate and illegitimatechildren depending on the status oftheir parents’ marriage or relationship.A child born out of wedlock or ofa void or illegal marriage is considered‘illegitimate’. Children pay forthe decisions taken by the parentsand are denied inheritance rights.Even worse, a child born of rape isstigmatised and treated as ‘illegitimate’,both by society and law.Access to Health:A ChimeraThe health of our children continuesto be a matter of grave concern,5 combat law • April - May 2004especially in the wake of growing privatisationof health services, andtheir increasing inaccessibility forthe poor. This is a particularly serioussituation as environmentaldegradation and pollution lead to afurther deterioration in children’shealth. The working conditions thatmany children are forced to sufferworsens matters.In our shining India, children sufferfrom malnutrition or die of starvationand preventable diseases.According to UNAIDS there are170,000 children infected byHIV/AIDS in India. Children affectedby the virus–whether children ofvictims or those who are infectedthemselves—- live on the fringes ofsociety, ostracised by people they calltheir own, unloved and uncared for,even as our government continues tosquabble over numbers of affectedpeople. Even juvenile diabetes isreported to be taking on pandemicproportions.While the Constitution lays downthe duties of the State with respectto health care, there is no lawaddressing the issue of public health.Children’s health care needs continueto be in great part dealt under theReproductive and Child HealthProgramme of the Ministry of Healthand Family Welfare, with a focus onreproductive health and safe motherhoodand child survival. The otherhealth needs of children areaddressed by the country’s primaryhealth care system; with very littleattempt to address these needsspecifically or separately.The population policy with its coercivemanifestations in the states hasof course proved most ‘childrenunfriendly’. Parents aspiring to politicalpositions are now forced tochoose between children and politics.<strong>Law</strong> does not allow persons withmore than two children to hold electedpositions in local self governments—andmany choose politics asthey disown their children or givethem up for ‘adoption’ in an effort to