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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Scroll to: Summary of Stakeholders' Information Accepted and Rejected Recommendations (Read about the first review cycle) 5. The process has been broad and inclusive involving concerned Ministries and Departments of the Government of India, including Ministry of External Affairs, Ministry of Home Affairs, Ministry of Social Justice and Empowerment, Ministry of Minority Affairs, Ministry of Defence, Ministry of Consumer Affairs, Food and Public Distribution, Ministry of Health and Family Welfare, Ministry of Housing and Urban Poverty Alleviation, Ministry of Human Resource Development, Ministry of Labour and Employment, Ministry of Law and Justice, Ministry of Panchayati Raj, Ministry of Rural Development, Ministry of Statistics and Programme Implementation, Ministry of Tribal Affairs, and Ministry of Women and Child Development (MWCD). Planning Commission has also been consulted. 10. In recent years, India has taken several important initiatives aimed at securing human rights, including the following: - In 2010, in a unique development and to ensure citizens their right to live with dignity in a healthy environment, the National Green Tribunal Act was enacted providing for effective legal protection for environment, forests and other natural resources. - In the same year, the Government introduced in Parliament the Protection of Women against Sexual Harassment at Workplace Bill covering both organized and unorganized sectors. - In 2009, the Right to Education Act was enacted, which introduced a new fundamental right for free and compulsory education of children in a neighbourhood school. - In 2008, a Constitutional amendment bill was introduced in Parliament to reserve for women nearly one-third of seats in the Lok Sabha (Lower House of Parliament) and the state legislative assemblies for a period of 15 years. The Rajya Sabha (Upper House of Parliament) passed this bill in 2010. It is currently in the Lok Sabha. - In 2007, the National Commission for the Protection of Child Rights (NCPCR) was established to ensure that all legislative and administrative measures are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the Convention on the Rights of the Child. - The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 rests forest rights and occupation with forest dwelling tribals and other forest dwellers. - In 2005, the landmark Mahatma Gandhi National Rural Employment Guarantee Act was passed and the programme launched in 2006 to confer livelihood right on the poor. - The Protection of Women from Domestic Violence Act 2005 came into force in 2006. - During 2005, the historic Right to Information Act (RTI) was enacted. In India, the death penalty is awarded in the ‘rarest of rare’ cases. The Supreme Court has restricted the use of death penalty only where the crime committed is so heinous as to ‘shock the conscience of society’. Indian law provides for all requisite procedural safeguards. Juvenile offenders cannot be sentenced to death under any circumstances and there are specific provisions for pregnant women. Death sentences in India must also be confirmed by a superior court. The President of India in all cases, and the Governors of States under their respective jurisdictions, have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. For instance, 13 mercy petitions were decided between 1.11.2009 and 23.11.2012 of which 10 were commuted to life imprisonment and 3 rejected. The last death sentence in India was carried out in 2004. 35. India has ratified the United Nations Convention against Transnational Organized Crime and its two protocols, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, in May 2011. Article 23 of the Constitution prohibits both trafficking in human beings and forced labour. Substantive laws like the Indian Penal Code 1860, special legislations like the Immoral Traffic (Prevention) Act 1956, the Bonded Labour System (Abolition) Act 1976, etc. and local laws like the Goa Children’s Act 2003, provide the legal regime. In addition, judgments by the Supreme Court and various High Courts have provided further legal strength to the law enforcement agencies. 39. The right to education is now guaranteed under Article 21-A as a part of the right to live with dignity. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 came into effect from April 1, 2010. It makes it mandatory for every child between the ages of 6-14 to be provided free and compulsory education by the State. It is a justiciable right up to 8 years of elementary education in an age appropriate classroom in the vicinity of his/her neighbourhood. The Act has special provisions for girl child education, including out of school girl children. It further mandates the private schools to ensure at least 25% of its seats are available for marginalised households. The implementation of RTE Act is a shared responsibility of both the central and the state governments and the total expenditure managed by the centre-state ratio of 68:32. 40. The Act has considerable implications for the implementation of Sarva Shiksha Abhiyan (SSA), which is Government’s flagship programme for achievement of Universalization of Elementary Education (UEE) in a time bound manner. SSA is being implemented in partnership with State Governments and address the needs of 192 million children in 1.1 million habitations. The vision, strategy and norms under SSA are being harmonised with the RTE Act of 2009 mandate. The Right of Children to Free and Compulsory Education Rules, 2010 have been formulated and a National Advisory Council was set-up in 2010 to advise on implementation in an effective manner. 41. The Sarva Shiksha Abhiyan (SSA) has positively impacted the access and retention in schools and availability of teachers. SSA has ensured almost universal access to primary education and provides special focus on education of girls. The following achievements are worth mentioning: - Rural habitations with access to primary school increased from 87 per cent in 2002 to 99 per cent in 2008, and that of upper primary school from 78 per cent to 92 per cent during the same period. - 99% of the rural population has a primary school within 1 km. - An independent survey in 2010 shows that for age group 6-14 years in rural India, the percentage of children who are not enrolled in school has dropped from 6.6% in 2005 to 3.5% in 2010. - Proportion of girls in the age group 11-14 years who were out of school has declined from 11.2% in 2005 to 5.9% in 2010. - Gross Enrolment Ratio (GER) at the primary level improved from 96.3 in 2001-02 to 114.37 in 2008-09, that for upper primary from 60.2 to 76.23. - Gender gap in enrolment at the elementary level impressively declined from 17 to 7 percentage points. Gender Parity Index has appreciably improved. 55. Massive investment in this sector has led to drop in infant mortality rate from 58 per 1000 live birth in 2005 to 47 in 2010; Maternal Mortality Ratio from 254 per 100,000 live births for 2004-06 to 212 for 2007-09 and total fertility rate to 2.6 (2009) from 3.2 (2000). India has not reported a single polio case since 12 January 2011. The number of newly detected HIV positive cases has dropped by over 50% in the last decade. 66. A combination of law and robust policy initiatives has given a strong thrust to the protection and welfare of children in India. Children have received considerable attention in the 11th Five Year Plan. It takes forward the agenda of child rights by further strengthening legislations and expanding the delivery systems. Some of the initiatives include universalization of services for nutrition and development of children in the age group of 0-6 years; adoption of free and compulsory education for the age group of 6-14 years; amendment of existing legislations; and launch of comprehensive schemes for protection of children in difficult circumstances, working children, victims of trafficking and other vulnerable children. 67. The National Commission for Protection of Child Rights (NCPCR) was set up on March 5, 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. It is one of the few commissions of its kind in Asia. The Commission ensures that all laws, policies, programmes, and administrative mechanism are in consonance with the child rights perspectives enshrined in the Constitution and Convention on the Rights of the Child. In addition, it takes suo motu cognizance of violation of rights and analyses data on children. During the year 2010-2011 (up to February 28, 2011), NCPCR has dealt with 675 complaints of violations/deprivations of child rights. The Commission constituted an Expert Group in 2009 with eminent persons for advice NCPCR’s role in monitoring children’s right to education. NCPCR has also involved civil society in the Social Audit of the RTE to strengthen the process of performance and delivery. 69. The Juvenile Justice (Care and Protection of Children) Act, 2000, (JJ Act) is the principal legislation for the protection of children. The JJ Act was amended in 2006 and The Juvenile Justice (Care and Protection of Children) Rules, 2007, (JJ Rules, 2007) were also framed for effective implementation of the Act. In 2006, the scope of the Act was expanded, inter alia, by including child beggars and working children in the category of children in need of care and protection. In November, 2010, the Government introduced the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2010,with the aim of removing discriminatory references against children affected by diseases such as leprosy, Hepatitis B, sexually transmitted diseases and tuberculosis. It has since been passed by the Parliament. 70. In 2006, the Prohibition of Child Marriage Act (PCMA) was enacted repealing the Child Marriage Restraint Act of 1929 making child marriage an offence. 71. The Integrated Child Protection Scheme (ICPS) for children in difficult circumstances was launched in 2009-10 and aims to reduce their vulnerability to situations and actions that could lead to abuse, neglect, exploitation, abandonment and separation. The Scheme subsumes three central schemes, namely: (i) Programme for Juvenile Justice, (ii) Integrated Programme for Street Children, and (iii) Scheme of ‘Assistance to Homes (Shishu Greh) for Children. More than 90,000 children are benefiting under the Scheme. Initiatives include: - Establishing Statutory Bodies in every district and service delivery structures for child protection at State and District levels - Upgrading and establishing standard institutional services and putting dedicated child protection personnel in place - Expansion of Emergency Outreach services (Childline services, 1098) - Promotion of non-institutional care - Initiation of Child Protection Division in the National Institute for Public Cooperation and Child Development (NIPCCD) - Child Tracking System 72. The period from birth to six years of age, especially those below two years of age is considered the most important period for any intervention on malnutrition. The ICDS, launched in 1975, is a comprehensive programme addressing the health, nutrition and pre-school needs of children under six. It provides a package of services comprising of supplementary nutrition, pre-school non-formal education, nutrition & health education, immunization, health check-up and referral services. The Scheme, inter alia, aims to improve the nutritional and health status of pregnant and lactating mothers and children below 6 years of age. The Central Government contributes 90% of all costs and 50% of the cost of supplementary nutrition and the remaining is funded by the state governments. The budgetary allocation for ICDS has been greatly increased from Rs.103 billion in Tenth Plan to Rs.444 billion in the Eleventh Plan. Additionally, Rs. 90 billion has been allocated for maternity entitlements scheme. Recognising the need to cover children under two years of age, the 11th plan focused on ‘restructuring’ the ICDS, so that the programme is universalised, supplementary nutrition is of better quality, fund transfer is made on time and maternity and child care services are provided. Beneficiaries of the ICDS are 97.5 million, including 79.5 million children (6 months to 6 years) and 18 million pregnant and lactating mothers. The Prime Minister’s National Council on Nutritional Challenges decided in November 2010 to strengthen the ICDS scheme. 73. The Pre-School Education (PSE) component of the ICDS Scheme is being strengthened to ensure universalisation of early childhood education and preparation of children, particularly those belonging to socially disadvantaged groups, for formal schooling. The beneficiaries under PSE have increased from 21.4 million in 2004-05 to 33 million in 2007-08 and further to 35 million by December 2010. 74. The Information and Technology Act was amended in 2008 to address exploitation of children through the internet. Section 67 (b) of the Act provides for punishment for publishing or transmitting material depicting children in sexually explicit acts, etc. in electronic form. 75. Since sexual offences against children are not fully addressed by existing legislation, the Government introduced a Bill in Parliament on Protection of Children from Sexual Offences in March, 2011, which is currently under consideration of the Rajya Sabha. The Bill, inter alia, defines the offences, provides for special courts for such offences and stringent punishment to offenders. 76. Adoption procedures in the country are governed by specific guidelines notified by the Government and clearly define the roles and responsibilities of those involved. In order to incorporate the amended JJ Act, 2006 and Model Rules, 2007, wherein surrendered children could be rehabilitated through adoption in accordance with guidelines of Central Adoption Resource Agency (CARA), and keeping in mind the various directions from different courts and stipulations for inter-country adoptions laid down by the Special Commission of the Hague Convention held in 2010, it became imperative to revise the guidelines in June 2011 to reflect these changes. A web-based Child Adoption Resource Information and Guidance System (CARINGS) has been launched making the process of adoption more transparent. 77. Given the socio-economic conditions in the country, a multi-pronged strategy for elimination of child labour has been adopted, which emphasises on legislative measures; general development programmes for the benefit of families of child labour and project-based action in areas of high concentration of child labour. 78. As per Child Labour (Prohibition & Regulation) Act, 1986, children below the age of 14 years are prohibited for employment in hazardous occupations/processes specified in the Act. India has not ratified ILO Conventions No. 138 and 182 since they fix minimum age of employment as 18 years. The Government is working on the modalities of ratifying these ILO Conventions, particularly No. 182. Consultations are taking place. However, it is pertinent to point out that the Government issued three notifications in the last five years, expanding the list of banned and hazardous processes and occupations in Schedule II of the Child Labour (Prohibition and Regulation) Act, 1986. The number of occupations listed in Part A now is 18 and the number of processes listed in Part B is 65. Further, the worst forms of child labour are already prohibited under various Acts such as Bonded Labour System (Abolition) Act, 1976, Immoral Traffic Prevention Act 1956, the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and Child Labour (Prohibition and Regulation) Act, 1986. Consequently there is no dearth of inclination to progressively eliminate child labour from India. 79. The Government is implementing National Child Labour Project (NCLP) for the rehabilitation of child labour. The NCLP is operational in 266 Districts, with about 7300 special schools. These special schools are mainly run by NGOs and impart non-formal/ formal education, vocational training, etc. to children withdrawn from employment, so as to prepare them to join mainstream education system. 852,000 children have been mainstreamed under NCLP. There has been a 45% reduction in child labour over the last 5 years (2009-10). 80. The coverage of this immensely popular and effective Mid-Day Meals Scheme for children in schools, which satisfies both ‘hunger’ and ‘education,’ has been extended even further in August 2009 and now covers all children studying in Classes I-VIII in Government, Government-aided and Local Body schools and Education Guarantee Scheme (EGS) and Alternative and Innovative Education centres supported under SSA, including Madarasas and Maqtabs as well as children under National Child Labour Projects. 81. The Constitution of India guarantees equality of status of women and has laid the foundation for such advancement. It also permits reverse discrimination in favour of women and many important programmes have been designed specifically to benefit girls and women. A number of laws have been enacted by the Indian Parliament, which has brought forth a perceptible improvement in the status of women. Some of these are: Prohibition of Child Marriage Act, 2006, Hindu Succession Act, 1956; Indecent Representation of Women (Prohibition) Act, 1986; Dowry Prohibition Act, 1961; Maternity Benefit Act, 1961; the Equal Remuneration Act, 1976; The Immoral Traffic (Prevention) Act, 1956; Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994; and Protection of Women from Domestic Violence Act, 2005. 83. The amendment of the Hindu Succession Act in 2005 was an important legal reform which will contribute towards economic empowerment of women, giving daughters equal rights in the ancestral property. 85. Declining Child Sex Ratio is a matter of concern. To deal with this, the Government has in place, inter alia, the Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act 1994 which prohibits sex selection and regulates prenatal diagnostic techniques to prevent their misuse leading to sex-selective abortion. Recent steps include amendment of Rules to provide for confiscation of unregistered machines, further punishment for unregistered ultrasound clinics and reconstitution and strengthening of the National Inspection and Monitoring Committee. 92. The significant advance made by women today is evident from various socio-economic indicators relating to health, literacy and education, workforce participation rate etc. In the field of education, girls constitute approximately 48.46% of the total enrolment of the primary level and 41.12% at the upper primary level (2009-10). The 2011 Census has shown improvements in the literacy rate of women, from 53.67% in 2001 to 65.46% in 2011, and in the total sex ratio, from 933 females in 2001 to 940 females per 1000 males in 2011. 93. The Janani Suraksha Yojana (JSY) has been covered above under ‘Health.’ Several schemes are being implemented to address infant and child mortality. Notable among these are Universal Immunisation Programme for immunisation of children against six vaccine preventable diseases; Integrated Management of Neonatal Childhood Illnesses (IMNCI), which focuses on the preventive, promotive and curative aspects among newborns and children; and the Reproductive and Child Health (RCH) Programme, which has entered its second phase (2005-2010). 94. In order to incentivise the birth of a girl child and encourage families to place a premium on her education and development, a number of States are implementing Conditional Cash Transfer schemes. Government is also implementing a similar scheme – ‘Dhanalakshmi’, launched in March, 2008, on a pilot basis. For nutrition and skill development of adolescent girls, a pilot scheme ‘Sabla’ has been launched in 200 districts. 95. Recognising the problem of “missing’’ girls as a result of sex-selective abortions, infanticide or neglect, the ICPS envisages setting up Cradle Baby Reception Centres in each district. 96. Recognising the compulsions faced by many women who continue to work till the last stage of pregnancy and resume work soon after childbirth, a new initiative has been launched recently in 2010-11 by the Ministry of Women and Child Development (MWCD). ‘Indira Gandhi Matritva Sahyog Yojana (IGMSY)’ is a Conditional Maternity Benefit (CMB) Scheme that has been launched on a pilot basis in 52 districts, with the two-fold objective of providing cash assistance to pregnant and lactating women to overcome loss of working days and providing better nutrition. The Scheme uses the ICDS platform and covers approximately 1.4 million women in the initial years. 97. Government has a unique provision where a 2-year child care leave can be availed of by its women employees anytime during the childhood years. 108. Improving the educational status of SCs, especially of women and girl children in this category is one of the main priorities. The Centrally Sponsored Scheme (CSS) of post-matric Scholarships to SC students, involving 100 per cent Central assistance, has been accorded high priority in the Eleventh Plan. This scheme benefits about 4 million SC students annually and has been revised in 2010. Rajiv Gandhi National Fellowship (RGNF) scheme for SC students was launched in 2006 for providing financial assistance to SC students pursuing MPhil and PhD. Under this scheme, 2000 fellowships are provided annually to SC beneficiaries. There are parallel educational development schemes for ST candidates and students also. 111. The revised CSS Strengthening Education among ST Girls in Low Literacy Districts scheme is being implemented in 54 identified low literacy districts where the ST population is 25 per cent or more and ST female literacy rate is below 35 per cent. Besides formal education, the scheme also takes care of skill upgradation. 7. UNCT noted the recent establishment of the National Commission for the Protection of Child Rights and 12 State Commissions and the needto strengthen measures for the effectiveness of these institutions and all other existingcommissions. CESCR recommended that India ensure that State and Union Territories establish their respective human rights commissions and courts, and enable the latter to consider violations of economic, social and cultural rights. 17. In 2011, UNICEF reported that the child sex ratio consistently showed a declining trend and was now an alarming 914 females to 1,000 males in the 0 to 6 years age group.CESCR was deeply concerned at the lack of progress achieved by India in eliminating traditional practices and provisions of personal status laws that are harmful and discriminatory to women and girls, including sati, devadasi, witch-hunting, child marriages, dowry deaths and honour killings, despite legal prohibitions.With regard to religion-based personal laws, the Special Rapporteur on freedom of religion or belief recommended that such laws be reviewed to prevent discrimination based on religion or belief, as well as to ensure gender equality. 20. CESCR noted with concern that the recommendations of the 2006 Sachar Committee Report had not been sufficiently followed upand recommended that India ensure their full implementation, particularly for Muslim Other Backward Classes (OBCs) and Muslim women.In 2010, CEDAW was alarmed at information indicating that the educational certificates of many Muslim children were destroyed during the Godhra riots and that the government had not replaced the certificates or facilitated the resumption of the children’s education. 26. In 2011, UNCTand UNICEF expressed concern about children living in areas affected by violence, such as Jammu and Kashmir, where violence escalated in the summer of 2010; various states in the north-eastern region (especially Assam, Manipur and Nagaland), where the insurgency concerned ethnic and cultural issues; and centre/west of the country (Chhattisgarh, Jharkhand, Maharashtra, Andhra Pradesh, Orissa, Bihar and West Bengal), where a large area was affected by left-wing extremism and Naxalite violence, in particular 90 districts with high concentrations of tribal populations. 29. One or more human rights mechanisms raised particular concern about violence against women and girls,violations against SC and ST, members of religious minoritiesand human rights defenders. Recommendations for the conduct of prompt, thorough and impartial investigations into violations and the prosecution of perpetrators, on a systematic basis, were made. Fair and effective remedies should be available to victims, including for obtaining compensation. Further measures were called for to prevent communal violence specifically targeting women,and curbviolence against persons belonging to SC and ST,especially women. 30. In 2010, the ILO Committee of Experts noted that the devadasi system was linked to the practice of trafficking in girls for commercial exploitation and that most people subjected to such exploitation were from SC and ST.CESCR recommended that India enact a law criminalizing trafficking and commercial sexual exploitation. The ILO Committee of Experts hoped that the Immoral Traffic Prevention Bill (2006) would soon be adopted. 32. CESCR raised concerns about exploitative labour conditions. In 2010, the ILO Committee of Experts urged India to explore ways to undertake a national survey of bonded labourand address the shortcomings in the vigilance committees established under the Bonded Labour System (Abolition) Act (1976).UNCTstated that the existing Child Labour Prohibition and Regulation Act 1986 did not ban all forms of child labour for 6-14 year-old childrenandshould be reviewed and harmonized with the more progressive Juvenile Justice Act (2000) and the Right to Education Act (2009). 43. In2011,UNICEFreported that India had a huge backlog of unregistered births. 58. UNICEF reported on the eight states with the highest under-five mortality rate and that two-thirds of maternal deaths occurred in Bihar, Jharkhand, Orissa, Madhya Pradesh, Chhattisgarh, Rajasthan, Uttar Pradesh, Uttaranchal and Assam. The best performing state was Kerala.In2010, the Special Rapporteur on the right to health stated that India had a legally binding international human rights obligation to devote its maximum available resources to the health of its population. Public spending on health that continued to bracket India with “the lowest in the world” was in breach of this international legal obligation.In many districts, life-saving care was unavailable to women giving birth. Recourse to the private sector impoverished many women and their families. The Special Rapporteur concluded that in India, monitoring, accountability and redress in relation to the public and private health sectors were egregiously underdeveloped.CESCR urged India totake all necessary measures to ensure universal access to affordable primary health care; and to take effective measures to fully implement the National Rural Health Mission (2005-2012). 59. In 2010, the Special Rapporteur on the right to health stated that the rate of maternal deaths in India was shocking. Taking into account resource availability, theSpecial Rapporteur considered that India was in breach of its right to health obligations because it fell far short of having a sufficient number of skilled birth attendants.. There was a gulf between India’s commendable maternal mortality policies and their urgent, focused, sustained, systematic and effective implementation. The Special Rapporteur strongly recommended that the Government urgently establish an independent body to accelerate progressby galvanizing action and ensuring that those in authority properly discharge their responsibilities to reduce maternal mortality. CESCR recommended that India expand availability of and accessibility to reproductive and sexual health information and services. 61. Despite the efforts made, including the SarvaShikasha Abhiyan(Education for All) programme, in 2008, CESCRexpressedconcern that thewide disparity in enrolment and drop-out rates in primary schools continued to persist, negatively affecting in particular girls, Muslim children and children belonging to SC and ST. UNCT stated that the Right to Education Act came into force on 1 April 2010, establishing the right of all 6 to 14 year-old children to free and compulsory education as justiciable. CESCR urged India to take further initiatives to eliminate child marriages and child labour, especially of school-aged children, and targeting disadvantaged and marginalized groups in particular. CESCR recommended that India intensify its adult literacy programmes. 62. According to UNESCO, most teachers belonged to upper castes, and several expressed strong prejudice against Dalit and Adivasi children. Such prejudices translated into Dalit and Adivasi children being more likely to face corporal punishment. Parents had few ways to challenge discriminatory practices because they do not have a strong voice in parent-teacher associations and education committees. 66. UNESCO stated that, in 2005, just 18 per cent of India’s schools were accessible to children with disabilities in terms of facilities. National education policies reflected the growing awareness of the problems associated with disability. 69. UNHCR stated that India had a long-standing tradition of hosting refugees,however, the absence of a national refugee protection framework served as a practical barrier in the delivery of refugee protection. Refugees and asylum-seekers were able to access employment in the large informal Indian economy. They were subjected to exploitation by employers and competition for scarce resources had led to disputes with the host community. Instances of gender-based violence and child labour were common. Complex bureaucratic procedures had significantly slowed down the process of local integration. Summary of Stakeholders' Information 1. The National Human Rights Commission of India (NHRC) reported its assessement of the Government’s response to the eighteen recommendations made in UPR 1. According to NHRC, there was no evidence that India intended to ratify CED. Enforced disappearance was not codified as a criminal offence in domestic law, nor was extant provisions of law used to deter the practice. India had not taken any steps towards signing and ratifying OP-CEDAW. India’s position for not ratifying ILO Conventions No. 138 and 182 was less tenable after the passage of the Right to Education Act, which made it compulsory for children to be at school until the age of fourteen. India had not reviewed its reservation to article 32 of the CRC. 6. NHRC stated that the Human Development Report 2011 of the Planning Commission included some disaggregated data, but not on caste and related discrimination. NHRCbelieved such data was essential in key areas of: crimes committed against women and children from the Scheduled Castes and Scheduled Tribes; violence against women other than rape; bonded labour, child labour and manual scavenging; custodial violence, illegal detention and torture. 26. Public spending on health continued to be abysmally low, at about 1% of GDP, despite Government’s commitment to raise it to 2-3%. The public health system was riddled with problems; vast numbers in the villages get little or no medical care. An evaluation and audit had found serious deficiencies in the National Rural Health Mission.Referring to the high percentage of underweight children under age five years, NHRC reported that a 2011 evaluation of a huge programme called the Integrated Child Development Services found that 60% of the annual budget for supplementary nutrition was being diverted. 29. Joint Submission 9 (JS9) stated that the Prevention of Torture Bill 2010 (PTB), was yet to be tabled before both Houses of Parliament. JS14 and HAQ: Centre for Child Rights (HAQ) stated that this Bill did not contain any provisions in relation to children. The Asian Legal Resource Centre (ALRC) stated that the Bill required substantial revision, including in its definition of torture. The International Commission of Jurists (ICJ) recommended making provision for criminal liability for public officials and superior and commanding officers; and that India eventually become a party to OP-CAT. Working Group on Human Rights in India and the UN (WGHR) recommended that India adopt the PTB after addressing its shortcomings and then immediately ratify CAT. Human Rights Watch (HRW) recommended ratification of CED. WGHR recommended that India ensure that enforced disappearances and extrajudicial killings are codified as offences under criminal law. 30. Amnesty International (AI) recommended ratification of ICRMW and the optional protocols to ICCPR, and ICESCR. JS2 and Commonwealth Human Rights Initiative (CHRI) recommended that India sign and ratify OP-CEDAW; JS2 and AI recommended the removal of the reservations to CEDAW; and JS14 reconsideration of India’s reservation to Article 32 of CRC. 33. Edmund Rice International (India) (ERI)and JS3 observed that various legal instruments defined children by different ages. JS14 and JS3 encouraged India to have a uniform definition 37. JS18 recommended strengthening the State Human Rights Commission in the seven states where they were operational and establishing commissions in the remaining states. Child Rights and You (CRY) recommended that the National and State Commissions for the protection of child rights be set up as constitutional bodies accountable to the legislature. 39. HAQ stated that the National Plan of Action for Children was in need of revision as most goals projected to be accomplished by 2010, remained unaccomplished. 52. JS1 stated that Narcotic Drugs and Psychotropic Substances Act, 1985 prescribed the death penalty for drug related crimes. Child Rights Information Network made recommendations, including the enactment of legislation prohibiting capital punishment and life imprisonment for child offenders in Jammu and Kashmir. ICJ recommended that India establish a moratorium on executions with a view to abolishing the death penalty and take immediate steps towards abolition of the death penalty. 59. Global Initiative to End All Corporal Punishment of Children recommended that India introduce legislation, as a matter of urgency, to prohibit corporal punishment of children in the home and in all settings, including as a sentence under traditional forms of justice. 60. PVCHR stated that discriminatory attitudes and lack of sensitization on the dynamics of crimes involving sexual and domestic violence left victims without critical police aid or redress to which they were entitled. HRW recommended that India enact a comprehensive law prohibiting all forms of sexual assault against women and children. 61. JS11 stated that India was a source, destination, and transit country for trafficked human beings, mostly for forced labour, bonded labour, and commercial sexual exploitation. Allegedly, victims were mostly women and children belonging to the lower castes and tribes and living in disadvantaged regions. JS4 reported on violations faced by “sex workers” due to the criminalization of “sex work” and the stigma associated with it. 62. JS10 proposed amendment of the Immoral Traffic Prevention Act, 1956 and the Indian Penal Code, 1860 to, inter alia, clearly define child prostitution and criminalize related acts; and define trafficking in children. Odisha Goti Mukti Andolan reported on the practice of bonded labour. JS11 recommended the adoption of victim-centred legislation and the regulation of registration of placement agencies for migrant workers. 63. According to JS3, children who abandoned school became domestic workers with low wages, street children or railway dwellers. Ambedkar Center for Justice and Peace recommended the release and rehabilitation of all children subjected to child labour 70. HAQ indicated that the Special Juvenile Police Units (SJPUs) in every district with at least one police officer designated as juvenile welfare officer, as provided in law, did not exist. JS14 made recommendations, including the expeditious establishment of fast-track, child-friendly courts. 74. JS6 recommended mandatory registration of all deaths, births and marriages. 78. CRY recommended the establishment of a broadcasting regulatory authority that, inter alia, would address the exploitative and degrading portrayal of children including in the media. 81. WGHR stated that almost fifty percent of the world’s hungry lived in India. India had the world’s highest number of malnourished and hungry children. JS11 stated that India’s National Food Security Bill (NFSB) overlooked the Interim Orders of the Supreme Court on the right to food. WGHR noted that the NFSB failed to universalise the Public Distribution System (PDS) the world’s largest food subsidy programme. A successful system of quasi-universal PDS had been introduced by Tamil Nadu, which should be emulated across the country. 85. WGHR stated that India had the world’s highest child mortality. According to JS2, India was the country leading all others in the absolute number of maternal deaths. WV reported that States with poor health indicators like Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh and Orissa, accounted for almost half of the country’s ST population and 37% of SC population. JS2 stated that the persistence of maternal mortality, including due to child marriage and unsafe abortion, reflected the low status of women in India and the lack of prioritization of gender equality (MDG 3). HRW recommended that India ensure that maternal health programmes did not discriminate against women with more than two children or mothers under the age of 18. 88. JS6 was concerned about inadequate funding to implement the Right of Children to Free and Compulsory Education Act (RTE) and involvement of the private sector. While acknowledging the RTE, JS15 referred to widespread internet use and indicated that the internet could be a medium to access information and knowledge at low cost. 89. JS3 noted that discrimination against ST and SC children affected children in the educational system. JS9 stated that a disproportionate number of SC students, in higher education, had committed suicide. ERI recommended zero tolerance for any form of discrimination based, inter alia, on religion, caste, or disability, in schools. 90. HRW reported on Maoist attacks on schools and on the government occupation of schools for their anti-insurgency operations. Related concerns were raised by JS20, UNM-M and JS13. ERI recommended that the army or police should not occupy schools during conflict situations. 91. ERI recommended that children with disabilities should be educated in mainstreams schools. Accepted and Rejected Recommendations The following recommendations were accepted by India: A - 138.39. Strengthen legislations to combat sexual offences against minors (Algeria); A - 138.52. Enhance the coordination of both the central and state governments in an effective manner in order to guarantee the smooth implementation of the 2010 Right of Children to Free and Compulsory Education Act (Indonesia); A - 138.55. Continue with action to include human rights education in the school curricula (Sri Lanka); A - 138.75. Put in place appropriate monitoring mechanisms to ensure that the intended objectives of the progressive policy initiatives and measures for the promotion and protection of the welfare and the rights of the vulnerable, including women, girls and children, as well as the scheduled castes and schedules tribes and minorities are well achieved (Ghana); A - 138.76. Continue working on the welfare of children and women (Nepal); A - 138.102. Take effective measures to dissuade child marriage and to protect the fundamental rights of the children (Switzerland); A - 138.103. Take more efforts to prevent children from sexual exploitation and separation from families, and give them the opportunity and assistance to grow up in an environment of freedom and dignity (Bahrain); A - 138.106. Take the necessary legislative, civil and criminal measures to provide the appropriate protection to women, and children that are victims of sexual abuse (Mexico); A - 138.114. Continue the implementation of the national child labour project aiming at the rehabilitation of child labourers (Angola); A - 138.133. Continue its measures in order to increase opportunities for consultations on child rights issues with relevant stakeholders (Iran); A - 138.135. Allocate more resources in sectors that provide basic services such as health, education and employment opportunities (Malaysia); A - 138.140. Continue to strengthen its poverty alleviation strategies, as well as its child protection strategies, particularly against the exploitation of children (South Africa); A - 138.144. Continue to advance the progress already underway on poverty eradication and improve the enjoyment of the most basic human rights of its people, especially women and children (Singapore); A - 138.150. Take further practical steps to reduce the high level of maternal and child mortality, inter alia, through better access to maternal health services (Austria); A - 138.151. Further efforts towards addressing the challenge of maternal and child mortality (Egypt); A - 138.152. Strengthen its efforts to improve maternal health and acts to effectively balance the skewed sex-ratio among children, including by combating female foeticide (Norway); A - 138.158. Redouble its efforts in the field of education and health (Senegal); A - 138.160. Further promote children’s right to education (Greece); A - 138.161. Reinforce its efforts in provision of free and compulsory primary education (Slovakia); A - 138.162. Continue implementing a non-discriminatory and inclusive policy and guarantee quality education to all the girls and boys in its country (Ecuador); A - 138.166. Prioritise efforts to ensure that children with disabilities are afforded the same right to education as all children (Australia); P - 138.10. Accede to the ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; ratify the Statute of the International Criminal Court and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the ILO Convention No. 189 concerning Decent Work for Domestic Workers (Uruguay); P - 138.26. Ratification of ILO Conventions Nos. 138 concerning Minimum Age for Admission to Employment; 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; 169 concerning Indigenous and Tribal Peoples in Independent Countries; 155 concerning Occupational Safety and Health and the Working Environment and 170 concerning Safety in the use of Chemicals at Work (Ghana); P - 138.27. Continue to take legislative as well as policy measures to combat child labour and to ratify ILO Conventions 138 concerning Minimum Age for Admission to Employment and 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour and elaborate a timeline for the ratification of these instruments (Portugal); The following recommendations were left pending or no clear position was given (NC): NC - 138.28. Ratify Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the ILO Conventions no. 138 and 182 concerning child labour (Sweden); P - 138.30. Consider an early ratification of the third Optional Protocol to the Convention on the Rights of the Child, on a communication procedure (Slovakia); P - 138.40. Strengthen protection of children’s rights, including the ratification of the Convention on the Rights of the Child, by improving mechanisms and resources for the implementation of existing legislation, and by demonstrating higher conviction rates for crimes against children such as sexual exploitation, child labour, child forced-labour and child trafficking (Canada); P - 138.41. Enact comprehensive reforms to address sexual violence and all acts of violence against women, including “honour” crimes, child marriage, female feticide and female infanticide, and to remedy limitations in the definition of rape and the medico forensic procedures adopted for rape cases (Canada); P - 138.46. Effectively implement existing legislation on child labour in line with India’s international obligations and strengthen the judicial powers of the National Commission for Protection of Child Rights (Germany); P - 138.61. Set up State and District Commissioners for the Protection of Child Rights in all States and Districts (Ireland); P - 138.68. Implement the recommendations made by the Special Rapporteur on the rights of human right defenders following her visit in 2011, with particular emphasis on recommendations that concern defenders of women’s and children’s rights, defenders of minorities rights, including Dalits and Adavasi, and right to information activists (Norway); P - 138.73. Monitor and verify the effectiveness of, and steadily implement, measures such as quota programmes in the areas of education and employment, special police and special courts for effective implementation of the Protection of Civil Rights Act and the Scheduled Caste and Scheduled Tribes Act, and the work of the National Commission for Scheduled Castes (Japan); NC - 138.79. Continue its legal efforts in the protection of women and children’s rights as well as improve measures to prevent violence against women and girls, and members of religious minorities (Iran); Recommendation as read in the Addendum: “Continue legal efforts in the protection of women as well as children’s rights as well as improve measures to prevent violence against women and girls, and members of religious minorities.” P - 138.85. Further strengthen measures to eliminate traditional harmful practices which are discriminatory against women and girls in particular child marriages, dowry related murders and honour killings (Chile); NC - 138.104. Introduce legislation to prohibit corporal punishment of children in all settings (Liechtenstein); Recommendation as read in the Addendum: “Introduce legislation to prohibit corporal punishment of children.” P - 138.105. Adopt comprehensive legislation on fighting all forms of sexual harassment in relation to women and children (Kyrgyzstan); P - 138.109. Continue stepping up efforts in the area of fighting trafficking as well as consider the possibility of inviting the Special Rapporteur on trafficking in persons, especially in women and children, to visit the country (Belarus); P - 138.112. Ban all forms of child labour for children from ages 6 to 14 (Ireland) and ratify ILO Conventions No. 138 and no. 182 (Ireland); P - 138.113. Amend the Child Labour Act to ban child labour, and to sign and ratify ILO Conventions 138 concerning Minimum Age for Admission to Employment and 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour and elaborate a timeline for the ratification of these instruments (Norway); P - 138.115. Extend the minimum age to 18 years for any form of labour that prevents children from accessing a full education (Ireland); P - 138.116. Implement the recommendations included in the OHCHR report on street children (A/HRC/19/35) (Hungary); P - 138.128. Align its national regulations with the ILO Conventions 138 concerning Minimum Age for Admission to Employment and 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour and elaborate a timeline for the ratification of these instruments (Hungary); P - 138.131. Take the necessary measures to ensure birth registration on a universal basis, particularly for persons living in extreme poverty, belonging to religious minorities or in remote areas (Mexico); P - 138.132. Ensure timely registration of all births (Holy See); P - 138.149. Meet the stated commitment from the Common Minimum Program of 2004 to dedicate 3 percent of India’s GDP to health and 6 percent to education (Slovenia); NC - 138.157. Continue to strengthen its programmes and initiatives geared towards guaranteeing the rights to health and education (Cuba); P - 138.163. Strengthen human rights training aimed at teachers in order to eliminate discriminatory treatment of children of specific castes, as well as appropriately follow-up on the results of the training that has occurred thus far (Japan); P - 138.164. Ensure universal, compulsory and free education, carrying out on a priority basis measures aimed at eradicating discrimination, particularly discrimination that affects girls, marginal groups and persons with disabilities (Mexico); NC - 138.165. Continue its efforts to promote the right to children’s education and ensure the importance of the principles of children’s education in the country (Qatar); Recommendation as read in the Addendum: “Continue its efforts with regard to education for children and take the necessary measures to allow women to participate on an equal footing with men in all developmental efforts.” No recommendations were rejected.
Thursday 24 May 2012 - 14.30 p.m. - 18.00 p.m