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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the 'Final Report' and 'Conclusions and Recommendations' from the Review. India – 1st Session – 2008 National Report 6. All concerned Ministries and Departments of the Government of India have contributed in the preparation of the report along with other stakeholders including the national and state human rights institutes and the nongovernmental organisations working in the field of human rights and related aspects. Several meetings were held involving the Ministry of Home Affairs, the Ministry of Social Justice and Empowerment, the Ministry of Minority Affairs, the Ministry of Consumer Affairs, Food and Public Distribution, the Ministry of Health and Family Welfare, the Ministry of Housing and Urban Poverty Alleviation, the Ministry of Human Resource Development, the Ministry of Labour and Employment, the Ministry of Law and Justice, the Ministry of Panchayati Raj, the Ministry of Rural Development, the Ministry of Statistics and Programme Implementation, the Ministry of Tribal Affairs, and the Ministry of Women and Child Development. Several consultations were held with the National Human Rights Commission. 15. The Constitution offers all citizens, individually and collectively basic freedoms which are justiciable and inviolable in the form of six broad categories of Fundamental Rights: 16. The Constitution lays down certain Directive Principles of State Policy which though not justiciable, are ‘fundamental in governance of the country’ and it is the duty of the State to apply these principles in making laws. 19. As far as administrative structures are concerned, separate departments have been created both at the Centre and in the States for women and child development, social justice, health, education, labour, with a strong focus on the rights of citizens. A number of essential services like education, health and public distribution system of food have been kept in the public sector to ensure its reach across all sections of the population. 21. The National Human Rights Commission is playing a major role in the drawing of a National Action Plan for Human Rights, which will cover issues such as the right to health, education, food security, housing, custodial justice and trafficking in women and children. Specific benchmarks along with assessment indicators are being evolved to enable the preparation of a clear-cut road map. 22. Several National Commissions have also been created for women, minorities, Scheduled Castes, and Scheduled Tribes, whose Chairpersons are deemed Members of the National Human Rights Commission. The Government has also set up the National Commission for the Protection of Children’s Rights, the National Commission for Denotified, Nomadic & Semi-nomadic Tribes, and the National Commission for Backward Classes and a Chief Commissioner for Persons with Disabilities. In addition, 18 States in India have constituted State Human Rights Commissions while a few more are in the pipeline. Many States have also constituted State Commissions for Scheduled Castes, Scheduled Tribes, Women and Minorities. 26. India is home to almost all religions of the world and secularism is a fundamental tenet of the Indian Constitution and political system. Every religious denomination has the right to establish and maintain institutions for religious, educational and charitable purposes, to manage their own affairs in matters of religion, to own and acquire property and to administer such property in accordance with law. No religious instruction can be imparted in any educational institution wholly maintained out of State funds and no person attending any educational institution recognised by the State or receiving aid out of State funds can be compelled to take part in any religious instruction without his or her consent. All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. Citizens residing in India have the right to conserve their distinct language, script or culture. 38. India actively participated in the drafting and adoption of the Universal Declaration of Human Rights, 1948. Dr. Hansa Mehta, a Gandhian social worker, who had led the Indian delegation, had made important contributions in the drafting of the Declaration, especially by highlighting the need for reflecting gender equality. India is a signatory to the six core human rights covenants and is fully committed to the rights proclaimed in the Universal Declaration. It has signed and ratified international Human Rights Conventions which inter alia include the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of all forms of Racial Discrimination, Convention on the Elimination of all forms of Discrimination against Women, and the Convention on the Rights of the Child. In 2005, it ratified the two Optional Protocols to the Convention on the Rights of the Child and more recently, it ratified the Convention on the Rights of Persons with Disability. It has also signed the Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on Enforced Disappearances signalling its intention to respect the provisions of these treaties and is taking steps towards their ratification. 40. While presenting its candidature to the Human Rights Council for a three-year term in December 2006, India made several voluntary pledges and commitments which, inter alia, include maintaining the independence, autonomy as well as genuine powers of investigation of national human rights bodies, setting up of a National Commission for the Protection of Child’s Rights, working for the world-wide promotion and protection of human rights, based on the principles of cooperation and genuine dialogue, supporting the adoption of the Convention on the Rights of Persons with Disabilities. Most of these voluntary pledges and commitments made by India have been fulfilled and the rest are being carried out in earnest. 53. Even prior to India’s accession to the Covenant on Economic, Social and Cultural Rights the importance of economic, social, and cultural rights was recognised in our Constitution which contained a separate section on the Directive Principles of State Policy. At the broadest level, they call upon the state to strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which social, economic and political justice would inform all the institutions of national life. Over the years, in a series of landmark judgements, the Indian Supreme Court has ruled that the "Directive Principles" must be "read into" the Fundamental Rights, as the two sets of rights are complementary to each other. The Supreme Court also ruled that the right to life, enshrined in the Constitution, includes within it the right to live with human dignity and all that goes with it, including the necessities of life, such as adequate nutrition, clothing, shelter and basic education. The 86th Constitution Amendment Act, which makes free and compulsory education for children between the age group of 6 to 14 years a fundamental right, is a historic step towards the realisation of the universal right to education in India. 54. Intrinsic to the dignity and worth of the human person is the enjoyment of the right to health. Indeed, in the Indian context, the right to life has been expanded, through liberal judicial interpretation, to encompass the right to health and to make the latter a guaranteed fundamental right. The National Rural Health Mission (NRHM) was launched on 12 April 2005 to provide accessible, affordable and accountable quality health services to the poorest households in the remotest rural regions. The thrust of the NRHM is on establishing a fully functional, community owned, decentralised health delivery system with intersectoral convergence at all levels, so as to ensure simultaneous action on a wide range of determinants of health like water, sanitation, education, nutrition, social and gender equality. Immunisation programme is one of the key interventions under the NRHM for protection of children from preventable life threatening conditions. A major exercise is underway to meet the health challenges of the urban population with a focus on urban poor living in slums, through the launch of the National Urban Health Mission. The Health Insurance Scheme for Workers in the Unorganised Sector is scheduled to be implemented from 1 April 2008. 59. Education is the key to advancement of women. The spread of liberal education and values has unleashed forces for social reform and created awareness about the need for increased participation of women in the educational, social, economic and political life of India. The care of the girl child in the areas of health and nutrition, education and economic potential constitutes a major focus of state policy. 61. The Government of India adopted a National Policy for Empowerment of Women in 2001 to guide the approach to the empowerment of women in the Tenth Plan period from 2002 to 2007. An allocation of over 3 billion US dollars has been made for this period for the Department of Women and Child Development, the largest for any single department in the Government of India, for the implementation of the Plan. 63. India has the largest child population in the world. This brings with it huge responsibilities to protect their rights and prevent exploitation in all its forms, as well as unlimited opportunities to create a better future for the coming generations of young Indians. It is in recognition of this that in addition to having acceded to the Convention on the Rights of the Child, India has also acceded to both the Optional Protocols to the Convention. 64. India’s commitment to the rights of the child is enshrined in our Constitution. One of the Directive Principles of State Policy contained in the Constitution states that the State shall ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of dignity and that childhood and youth are protected against exploitation and against moral and material abandonment, unquote. In order to direct greater focus on issues relating to children, an independent Ministry of Women and Child Development has been created. The Common Minimum Programme of the Government pledges that the government will protect the rights of children, strive for the elimination of child labour, ensure facilities for schooling and extend special care to the girl child. 65. India has one of the most comprehensive legal regimes for the protection of children. Among the several laws in place is the Juvenile Justice Care and Protection of Children Act 2000 which aims at providing proper care protection and treatment by catering to the development needs of children, and adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under the Act. The Act provides several safeguards for juveniles in conflict with law and for children in need of care and protection. 66. To eradicate child labour, a multi-pronged strategy is being followed involving strong enforcement of the Act with simultaneous efforts towards rehabilitation of working children and their families through linkages with the poverty eradication and income generation programmes of the Government. Government had initiated the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in 13 child labour endemic districts of the country which has been extended to 250 districts in the country. Considering the magnitude and the nature of the problem, Government is following a sequential approach of first covering the children in hazardous occupations and then moving on to non-hazardous occupations. Under the NCLP Scheme, children are withdrawn from work and put into special schools where they are provided with bridging education, vocational training, mid-day meal, stipend, health-care facilities etc. About 0.5 million children have already been mainstreamed to regular education under the NCLP Scheme. 67. In order to ameliorate the condition of working children, the Government has decided to prohibit employment of children from 10 October 2006 as domestic servants or servant or in roadside eateries, restaurants, hotels, motels, teashops, resorts, spas or other recreational centres. Another important project for rehabilitation of child labour is the Indus Project, jointly launched in 2003 by Ministry of Labour & Employment, Government of India, and the US Department of Labour. It is being implemented in 21 districts of 5 States of Delhi, Madhya Pradesh, Maharashtra, Tamil Nadu and Uttar Pradesh. 68. The comprehensive and holistic National Plan of Action for Children, 2005 set time-bound targets for achievement in terms of reduction of infant and child mortality and HIV prevalence in infants, universal access to drinking water and basic sanitation, and the elimination of child marriages as well as the incidence of disabilities due to polio. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 has been amended in 2003 to provide for the prohibition of sex selection, before or after conception, and more stringent enforcement. A Bill has been tabled for amending the Prevention of Child Marriage Act. It includes a salutary provision for declaration of a child marriage as void at the option of the child who contracted such marriage. 69. The Commissions for the Protection of Child Rights Act, 2005 has constituted the National Commission for the Protection of Child Rights. This statutory mechanism seeks to oversee and review the implementation of the National Policy for Children and recommend remedial action in instances of violation of child rights. 70. In addition, a National Charter for Children has been recently adopted which is a statement of intent embodying the Government’s agenda for Children. The National Charter emphasises India’s commitment to children’s rights to survival, health and nutrition, standard of living, play and leisure, early childhood care, education, protection of the girl child, equality, life and liberty, name and nationality, freedom of expression, freedom of association and peaceful assembly, the right to a family and the right to be protected from economic exploitation. The document also defines commitments to children in difficult circumstances, children with disabilities, children from marginalised and disadvantaged communities and child victims. 1. Treaty bodies invited India to consider the ratification of the CAT21, ICRMW22, Palermo Protocol23, ILO Conventions 138 and 182 relating to the abolition of child labour24, ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries25, 1951 Convention Relating to the Status of Refugees and its 1967 Protocol26, ICCPR OP-127, OP-CEDAW28; as well as to making the optional declaration provided for in article 14 of ICERD29. 2. India was invited by treaty bodies to review the reservations or declarations it made to articles 1, 9, 13, 12, 19, paragraph 3, 21 and 22 of ICCPR30 and to articles 5 (a) and 16 (1) of CEDAW31 with a view to withdrawing them; and to consider withdrawing its reservation to article 16 (2) of CEDAW32 and its declaration to article 32 of the CRC33. 4. CRC, CERD and CEDAW noted important advances with respect to the right to education, including the Constitution (86th Amendment) Act, 2002, providing for the right to free and compulsory education to all 6-14 years old children.35 CEDAW called upon the State to consider using its powers under article 235 of the Constitution to enable the passing of legislation to operationalize this right.36 CRC welcomed the ratification of the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption but reiterated its concern, inter alia, at the absence of uniform adoption laws and procedures in India. 37 5. Four Committees referred to various national human rights bodies38, including the National Human Rights Commission (NHRC), which received ‘A’ status accreditation in 1999 that was reconfirmed in 200639, as well as National Commissions dealing with issues of women, minorities, Scheduled Castes and Scheduled Tribes, and Backward Classes. UNICEF noted that a bill establishing a Commission on Children’s Rights was recently passed.40 7. UNICEF reported positively on the recent elevation of the Department of Women and Child Development to an independent Ministry.42 CRC also welcomed the National Plan of Action for the Girl Child, the adoption of the National AIDS Prevention and Control Policy of 2001 and the decision to provide antiretroviral drugs to children and adults free of charge.43 CEDAW commended the National Policy on Persons with Disabilities of 2005.44 It also commended India on establishing the Women Component Plan in the national budget and called on India to meet its commitment of allocating 6 per cent of GDP to education.45 8. CRC in 2004 and CEDAW in 2007 indicated that India had not taken steps to address some of the recommendations made in previous concluding observations and urged India to proceed with their implementation. 51 India provided comments to CERD following the adoption of CERD’s concluding observations in March 2007.52 15. While welcoming initiatives to increase child participation, CRC remained concerned that traditional attitudes towards children in society, especially girls, still limit respect for their views, inter alia, within the family, at school and in institutions.72 It also expressed concern about: the discrimination experienced by children infected or affected by HIV/AIDS in society and the educational system as well as widespread discrimination against disabled children. 73 17. The HR Committee expressed concern about the incidence of custodial deaths, rape and torture. CRC expressed concern about reported violations in detention facilities and about allegations of children killed by law enforcement officials. Similar concerns were raised by CERD with respect to members of scheduled castes and tribes.75 A number of communications sent by two special procedures relate to cases of alleged deaths in custody76 or following detention77. The Special Rapporteur on torture has sent communications alleging ill-treatment78 and torture79 of individuals held in detention. Other cases deal with excessive use of force against demonstrators, including human rights defenders80 and journalists covering demonstrations81. Where the Government has responded, it denied allegations of illtreatment82 or highlighted the existence of an investigation83 and the provision of compensation to the victim84. The Special Representative of the Secretary General (SRSG) on human rights defenders is also concerned about reports of defenders being killed as a result of their human rights work, including on land rights.85 21. Concern about on-going atrocities committed against Dalit women was raised by CEDAW.91 Four Committees expressed concern about the continuing practice of devadasi, whereby mostly Dalit girls are dedicated to temple deities and forced into ritualized prostitution, with CERD urging the effective enforcement of state laws prohibiting the practice. 92 CERD was also concerned about the sexual exploitation of Dalit and tribal women who were trafficked and forced into prostitution. The high incidence of child prostitution and trafficking of women and girls into forced prostitution was deplored by the HR Committee.93 CRC, while referring to various measures taken to address this issue, remained concerned that the Immoral Traffic Prevention Act, 1986 does not define trafficking and limits its scope to sexual exploitation.94 22. CEDAW, while expressing appreciation at the enactment of the Domestic Violence Act 2005, recommended that India, inter alia, enforce this Act and ensure that all women victims of domestic violence are able to benefit from the legislative framework and support systems in place.95 CEDAW also called upon India to widen the definition of rape in the Penal Code to reflect the realities of sexual abuse experienced by women and to criminalize other forms of sexual abuse, including child sexual abuse.96 24. CERD expressed concern about the frequent failure to protect scheduled castes and tribes against communal violence.98 Two mandate holders also reported on a group of 200 people attacking a Dalit settlement.99 In another letter, three mandate holders raised allegations about torture, rape and the hacking to death of a woman and her three children belonging to the Dalit community.100 In another case, two mandate holders sent an allegation letter regarding a dispute between members of the Jat and Dalit communities in Haryana State.101 The Special Rapporteur against racism noted that the Government’s response in the latter case confirmed not only the political will but also the legal strategy of the Government to combat caste-based discrimination. However, he was particularly alarmed at the cultural depth of this form of discrimination in many parts of the countryside and by the continuing violence faced by the Dalit community.102 26. One or more treaty bodies raised concerns about children working and/or living on the street107, violence against children, particularly child abuse108, corporal punishment109 and child labour, including debt bondage110. UNICEF provided details of a major 2007 study, on child abuse, initiated by the Ministry of Women and Development.111 Four treaty bodies raised concerns about the situation of children in hazardous occupations, with CEDAW raising particular concern about the abuse, including sexual abuse, of children, employed as domestic help.112 India stated that a ban on employment of children under 14 years as domestic help or at eateries came into force from 10 October 2006 and UNICEF pointed to this initiative as a positive change.113 CRC also recommended, inter alia, the prohibition of corporal punishment, and the undertaking of education campaigns on alternative ways of disciplining children.114 27. CRC, in 2004, expressed concern that the situation in areas of conflict, particularly 30. Concern about the culture of impunity in relation to perpetrators of atrocities committed against Dalit women was expressed by CEDAW.123 CRC, CEDAW and CERD also raised concerns about the effective enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, such as the failure to properly register and investigate complaints, the high percentage of acquittals and the low conviction rate in cases registered, and the alarming backlog of atrocities cases pending in the courts. 124 CRC added that a majority of states had failed to set up special courts provided for under this Prevention of Atrocities Act.125 31. The HR Committee in 1997 urged the institution of reforms to ensure a speedy trial of those charged with offences, prompt hearing in civil cases and similar urgency in hearing appeals.126 CRC in 2004 expressed concern, inter alia, that mechanisms to implement Juvenile Justice Care and Protection of Children Act 2000 have not been set up in most states and that it does not apply to Jammu and Kashmir. 127 36. Four treaty bodies raised concerns about one or more harmful practices towards women and girls, including: early or forced marriage141, dowry and dowry-related violence142, and sati (self immolation of widows)143. CERD also expressed concern about the persistence of social norms of purity and pollution which de facto preclude marriages between Dalits and non-Dalits and about violence and social sanctions against inter-caste couples.144 41. CEDAW expressed concern, despite advances with respect to the right to education, about the continuing disparities in the educational status of scheduled caste, scheduled tribe and Muslim women and their limited access to higher education and requested the State, inter alia, to provide information in its next periodic report about the action taken on the recommendations of the Sachar Committee with regard to the education of Muslim women and girls.165 CERD also recommended that the State take effective measures to reduce dropout and increase enrolment rates among Dalit children and adolescents at all levels of schooling.166 Additionally, CRC expressed concern, inter alia, that 60 million children do not attend primary school and at the striking disparities in terms of access to education, attendance at primary and secondary school and drop out rates between boys and girls, between different states, between rural and urban areas, and between affluent and poor and disadvantaged groups.167 43. The HR Committee noted the persistence of traditional practices and customs, leading to women and girls being deprived of their rights, their human dignity and their lives, and to discrimination against members of the underprivileged classes and castes and other minorities, and ethnic, cultural and religious tensions constitute impediments to the implementation of the ICCPR.170 The CRC in 2004 also stated that extreme poverty, massive social inequality and the persistence of deeply discriminatory attitudes as well as the impact of natural disasters represent serious difficulties in the fulfillment of all the State’s obligations under the CRC. Furthermore, UNICEF reported that almost 80 per cent of India’s geographical area is considered vulnerable to natural disasters. 171 44. India stated, inter alia, that it will foster a culture of transparency, openness and accountability in the functioning of Government, as enacted in the Right to Information Act. 172 It is also committed, inter alia, to actively supporting domestic and international processes that advance the rights of the child and seek to advance the empowerment of women, women’s rights and gender equality.173 Furthermore, India pledged, inter alia, to work towards the elimination of violence against women through legislative measures as well as the effective implementation of existing policies.174 Summary of stakeholders' information 3. The NHRC described its role as complementary to that of the judiciary. It stated that it has tackled a wide variety of issues such as trafficking in women and children, food security, education, health, disappearance of persons, displacement of persons due to disasters, conflict and development, child labour, custodial deaths and rape, prisons and disabilities not only by dealing with individual cases, but also by issuing policy guidelines for implementing agencies.7 The PF for UPR stated that the guidelines of National Human Rights Institutions (NHRIs) including on rape, custodial deaths and encounter killings are not implemented.8 4. The PF for UPR noted that the Government has not complied with the Paris Principles with regard to the National Human Rights Commission (NHRC), and the National Commissions for Women, Minorities, Scheduled Castes and Scheduled Tribes, Children and De-notified Tribes due to a failure to provide powers, funds and resources, and autonomy. 9 According to Human Rights Watch (HRW) members and chairpersons of the NHRC are political appointees and this can reflect on their functioning. The NHRC cannot independently investigate violations by the armed forces under Section 19 of the Human Rights Protection Act.10 AI also stated that under Section 36(2) of the Act, the NHRC is only permitted to take cognizance of complaints relating to events which took place within the last year.11 HRW recommended amendment specifically to allow the NHRC to independently investigate allegations of abuse by members of the armed forces.12 The Kashmir Institute of International Relations (KIIR) added that the NHRC has no legal jurisdiction over Jammu and Kashmir.13 7. HRW noted that despite the existence of laws protecting human rights, India has failed to properly implement laws and policies to protect its marginalized communities, particularly Dalits, tribal groups, religious minorities, women and children.17 9. According to Christian Solidarity Worldwide (CSW) the caste system continued to dominate and shape Indian society to a considerable extent, detrimentally affecting the social status, treatment and socio-economic prospects of the Dalits, or Scheduled Castes, who represent 16% of the total population (at least 167 million).21 The PF for UPR and IDMC stated that Dalits continue to endure segregation and are denied access to public places and services including places of worship, electricity and water.22 Tripura People’s Democratic Front (TPDF) stated that discrimination against Dalits includes education inequality, economic disenfranchisement, religious discrimination, a poor system of medical care, and targeted violence against women.23 CSW noted that Dalits report facing discrimination not only in normal social transactions but also in their interaction with Indian officialdom. The experiences of educated urban Dalits include subtler forms of discrimination, including in matters of employment and promotion.24 The International Movement against All Forms of Discrimination and Racism (IMADR) and the Lutheran World Federation (LWF) emphasized that the non-availability of disaggregated data on some areas of the caste-based discrimination prevents in-depth analysis and targeted planning which may contribute to discrimination against Dalits in the right to land, housing, health, education and employment.25 10. The Society for Threatened Peoples (STP) reported that, in spite of existing constitutional safeguards, for generations the Scheduled Tribes or Adivasi have been subjected to various kinds of discrimination. As a result, the Adivasi experience poor levels of health, education, food security and political representation. Together with these problems, the paramount issue remains the question of Adivasi land rights. 26 AITPN and IWGIA added that many of the Particularly Vulnerable Tribal Groups are on the verge of extinction.27 The PF for UPR also described the basic thrust of the ‘Habitual Offenders Act’ as identifying certain tribal groups as “habitual offenders”.28 14. The South Asia Forum for Human Rights (SAFHR) added that the chronic use of antiterrorist laws, preventive detention laws and the Armed Forces Special Powers Act, 1958 (AFSPA) have created a situation where the normal methods of 'investigation' have been replaced by disappearances, illegal detention, custodial torture, sexual violence against women and summary executions disguised as armed encounters.38 The Committee on Human Rights Manipur (COHRM) noted that the invocation of the AFSPA for half a century in Manipur has blatantly violated non-derogable rights, primarily the right to life. Under section 4(a) of AFSPA, a non commissioned officer of the Indian army can shoot to kill in mere suspicion of crimes defined by the Government. Manipuri youths are primary victims of daily and routine extra-judicial executions.39 20. The Torture Prevention Centre India Trust (TPCIT) observed that prison conditions remain deplorable across India.49 The PF for UPR noted the NHRC statistics for the year 2004 that 70% of the total inmates were undertrials (persons standing trial).50 The TPCIT stated that a total of 4026 cases of child rape were recorded during 2005 and that many of the cases of child-rape were committed by the law enforcement personnel.51 22. Women in India continue to face physical, sexual, emotional and economic violence according to the PF for UPR. Women, particularly those from tribal, Dalit and religious minorities, face sexual and gender based crimes during/after caste or communal conflict situations. 56 According to the 2005 Annual Report of the National Crime Records, 1 crime was committed against women every 3 minutes, 1 rape every 29 minutes, 1 molestation every 15 minutes, 1 dowry death case every 77 minutes.57 The PF for UPR noted the statistics given by the National Crime Records that out of total 22,832 cases reported for kidnapping and abduction of women 43% were for marriage; 56,709 cases investigated by police during 2005 were of cruelty by husbands and relatives.58 The Youth Coalition for Sexual and Reproductive Rights (YCSRR) mentioned a study carried out by UNICEF and the NGO Prayas which revealed that 53% of children between the ages of 5 and 12 have been sexually abused and most often perpetrated by parents, legal guardians or close members of the family. Further, the study noted that more than half of all cases of sexual abuse and rape go unreported.59 25. The PF for UPR reported that the situation of children remained vulnerable with a lack of effective programmes for child labourers, recruitment as child soldiers, sexual violence against the girl child and deplorable conditions of juveniles in conflict with the law. Dalit and tribal children are more vulnerable to abuses. Torture and corporal punishment are rampant.64 The NHRC also expressed its deep concern about juvenile justice and that instances of sexual abuse have been on the rise.65 The Global Initiative to End All Corporal Punishment of Children (GIEACP) reported that corporal punishment is lawful in the home. There is no national prohibition in law of corporal punishment in schools, although it is prohibited under some States’ laws, and no explicit prohibition in alternative care settings. Draft legislation under discussion, which purports to prohibit corporal punishment, retained the right to punish a child “if the Hurt rendered on a child is commensurate to the act undertaken by the child and is not unreasonable and does not harm the physical integrity of the child’s body.”66 33. PF for UPR noted that women’s rights within family and marriage, especially her rights to property, inheritance, maintenance are not ensured and also that there are rampant child marriages - 24% of 15-19 age group are married.85 41. CRR noted that the Indian government has formally introduced a wide range of policies and programs designed to improve women’s reproductive health status by facilitating broad access to health-related services and information. However, implementation has been uneven and weak. 99 The CRR added that complications during pregnancy and childbirth are among the leading causes of death of women in India. The underlying causes of maternal mortality are poor health care facilities, lack of access to family planning services and safe abortions, and poor nutrition. These factors disproportionately affect women in rural areas. One in six Indian girls begin child bearing between the ages of 13 and 19, and less than 10% of married adolescents use contraception, stated the CRR. Unsafe abortion is believed to account for half of all maternal deaths among girls and young women aged 15 to 19 years. CRR also noted that in 2002, India amended its abortion law, the Medical Termination of Pregnancy Act, 1971, but, there is no evidence that law reform has increased access to safe, legal, and affordable abortion services. 100 YCSRR stated that in India, most schools do not have any form of sexuality education in their curricula. It recommended that India provide comprehensive sexuality education in all public and private schools.101 42. STP expressed its concern with the worrying mortality rate among Adivasi children reported by the Ministry of Tribal Health in its Annual Report 2005-2006, which at 84.2 deaths (per 1, 000 births) is significantly higher than the Indian average of 70 as well as the rates of other disadvantaged socio-economic groups.102 45. The KIIR mentioned that in Kashmir 80% of the school buildings are occupied by the Indian army and due to the fear of the armed forces the people are scared to send their children to schools.108 AAI mentioned that although in 1993 manual scavenging of human waste was outlawed, there are records that 1.2 million persons still carry out this practice. No sooner the families surrender the practice of manual scavenging, their children are denied scholarship under the scheme for children of families practicing unclean occupations. This forces drop-out from schools, especially of girl children.109 - India noted that it is conscious of the need to empower the disadvantaged. Education has been a priority programme. This was an essential building block for development. Elementary education has been declared to be a fundamental right. For the last seven years, India has implemented a novel and comprehensive educational programme known as Sarva Shiksha Abhiyan (Education for All). The goal was to achieve 100 per cent coverage in primary schools. India has implemented a Mid-day Meal Scheme which feeds more than 120 million children every day. - Special measures to improve the educational status of women include a pronounced gender focus in the Sarva Shiksha Abhiyan -universalisation of elementary education. - India was implementing the world’s largest child care programme - the Integrated Child - Development Services, where supplementary nutrition is provided to over 78 million women and children and preschool education to 32 million children, as well as support and rehabilitation to those children. The Commission for Protection of Child Rights was set up in March 2007 to ensure effective implementation of child rights. The Government has adopted a multi-pronged sequential approach to eliminate the problem of child labour. The Action Plan of the National Policy on Child Labour 1987 included strict enforcement of the Child Labour Act 1986 and the prohibiting of employment of children in hazardous occupations and as domestic help. The National Child Labour Project (NCLP) Scheme was in operation in 250 high child labour endemic districts in the country and the spread is proposed to be increased in the coming years. Other initiatives include extensive awareness and sensitisation programs of various stakeholders’ strict enforcement measures. An important measure taken very recently was the collaboration with corporate houses to clean supply chains for eliminating child labour. A beginning has been made with the garment industry for an action plan to enable eliminating child labour and at the same time provide gainful employment to their families. (ii) Interactive dialogue and responses by the State under Review - Ghana commended India for the laudable measures taken to ensure a country-wide balance in the enjoyment of human rights of its large population, including the implementation of the National Child Labour Project, the adoption of the National Charter for Children and a National Plan of Action for the Girl Child. - Brazil noted the challenges facing and achievements of India. It asked several questions regarding the evaluation of the strategy to end child labour. Additionally, Brazil proposed that India consider signing and ratifying ILO Conventions No. 138 concerning Minimum Age for Admission to Employment and No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. - The Russian Federation was impressed by the efforts of the Government to improve the human rights situation, including to eliminate discrimination and poverty, and to protect the rights of women and children. - Malaysia congratulated India on putting in place an institutional, legislative and administrative framework aimed at improving the human rights situation of its people. It also noted the establishment of various institutions/national commissions which act as “watch dogs”, dealing with issues such as women rights, minorities, scheduled castes and tribes, backward classes and children rights. Additional information was requested on the implementation of their recommendations. - China noted that India has already taken many positive measures to guarantee the rights of women and children. - Considering the prohibition of child labour, the Netherlands recommended that India review its reservation to article 32 of the Convention on the Rights of the Child and ratify ILO Conventions No. 138 and 182. - Germany asked India to provide complementary information on what concrete steps were being taken to implement national laws abolishing child labour. - The United States of America expressed its satisfaction to see a nation as diverse as India engaged in the UPR process. It asked for further details on the implementation of child labour laws. - Italy asked for additional information on (a) human rights education relating to traditional practices and customs and scheduled castes and tribes and (b) the National Child Labour Project. - Azerbaijan asked India to elaborate on school attendance of children in rural regions. - Nepal commended India for its effective implementation of various policies, plans and programmes to promote equality and justice as well as its affirmative action programmes to promote and protect of the rights of women and children. - Slovenia thanked India for the comprehensive national report and asked questions on steps being taken to address the lack of national laws prohibiting corporal punishment in schools, alternative care settings and the home. - In view of a 2004 recommendation of the Committee on the Rights of the Child addressing the limited facilities and services existing in India for children with disabilities as well as the limited number of trained teachers working with disabled children, Israel asked how India envisaged using the Convention to implement this particular recommendation. - Qatar mentioned other examples of India’s commitment to human rights, including the adoption of a National Plan for human rights education especially in schools, colleges and universities. - With regard to human rights education, India stated that a novel programme in the form of the national legal literacy program, started in 2005, works to increase awareness of legal rights and make the people aware of their legal rights and that they have access to courts, particularly for people in rural areas. Accepted and Rejected Recommendations The following recommendations were accepted: - 11. Take into account recommendations made by treaty bodies and special procedures, especially The following recommendations were pending: 86- 9. Review the reservation to article 32 of the Convention on the Rights of the Child (the Netherlands);
Thursday 10 April 2008 - 2.30 p.m. - 5.30 p.m.
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Compilation of UN information
Summary of Stakeholder Information
Final Report
Accepted and rejected recommendations
• right to equality including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth and equality of opportunity in matters of employment;
• right to freedom of speech and expression; assembly; association or union; movement; residence; and right to practice any profession or occupation;
• right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings;
• right to freedom of conscience and free profession, practice and propagation of religion;
• right of any section of citizens to conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice; and
• right to constitutional remedies for enforcement of Fundamental Rights.
The bulwark of all Fundamental Rights is found in Article 21 which provides that no person shall be deprived of his life or liberty except in accordance with procedure established by Law.
• Equal justice and free legal aid.
• Organisation of village panchayats (local governments).
• Right to work, to education and to public assistance in certain cases.
• Provision for just and humane conditions of work and maternity relief.
• Living wage for workers.
• Participation of workers in management of industries.
• Uniform civil code for the citizens.
• Provision for free and compulsory education for children.
• Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.
• Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
• Organisation of agriculture and animal husbandry.
• Protection and improvement of environment and safeguarding of forests and wild life.
• Protection of monuments and places and objects of national importance.
• Separation of judiciary from executive.
• Promotion of international peace and security.
Jammu and Kashmir and the north-eastern states, has seriously affected children. The Committee recommended that India, inter alia, ensure impartial and thorough investigations in cases of rights violations against children and the prompt prosecution of those responsible, and provide just and adequate reparation to the victims.115
those relating to women and children, in developing a national action plan for human rights which is under preparation (Mexico);