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Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order. Scroll to: _______________________________________________________________________ Harmful traditional practices, including early marriage UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee is deeply concerned at the existence of harmful traditional practices such as incidents relating to dowries and to devadasis. The Committee recommends that the State party: (a) Enforce the Dowry Prohibition Act, 1961 and the Karnataka Devadasis (Prohibition of Dedication) Act, 1982 and Rules, 1982; (b) Take legislative and awareness-raising measures to prohibit and eradicate all kinds of traditional practices harmful to the health, survival and development of children, boys as well as girls; and (c) Reinforce its sensitisation programmes, with the involvement of community leaders, practitioners and the general public, to change traditional attitudes and discourage harmful practices, in particular in rural areas. (Paragraphs 58 and 59) The Committee welcomes the National Plan of Action for the Girl Child and the Platform for Action, but is deeply concerned at the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including low school enrolment and high dropout rates, early and forced marriages, and religion-based personal status laws that perpetuate gender inequality in areas such as marriage, divorce, custody and guardianship of infants, and inheritance. (Paragraph 29) The Committee is concerned at the very high percentage of early and forced marriages of girls, which can have a negative impact on their health, education and social development. The Committee recommends that the State party: (a) Take all necessary steps to implement the Child Marriage Restraint Act 1929; (b) Strengthen educational and awareness programmes, in cooperation with NGOs and community leaders, with a view to preventing early and forced marriage; and (c) Strengthen sexual and reproductive health education, mental health and adolescent-sensitive counselling services and make them accessible to adolescents. UN Human Rights Committee While acknowledging measures taken to outlaw child marriages (Child Marriages Restraint Act), the practice of dowry and dowry related violence (Dowry Prohibition Act and the Penal Code) and sati - self-immolation of widows - (Commission of Sati (Prevention) Act), the Committee remains gravely concerned that legislative measures are not sufficient and that measures designed to change the attitudes which allow such practices should be taken. The Committee is also concerned that giving male children preferred treatment persists, and deplores that practices such as foeticide and infanticide of females continue. The Committee further notes that rape in marriage is not an offence and that rape committed by a husband separated from his wife incurs a lesser penalty than for other rapists. The Committee urges the State party to: (a) Take further measures to overcome these problems and to protect women from all discriminatory practices, including violence. (b) Provide additional information in the State party's next periodic report on the functions, powers and activities of the National Commission for Women. (Paragraph 16) UN Committee on Economic, Social and Cultural Rights The Committee is deeply concerned about the lack of progress achieved by the State party 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, in spite of the legal prohibitions such as the 2005 Domestic Violence Act, the 1961 Dowry Prohibition Act, the 1982 Prohibition of Dedication Act, the 1939 Child Marriage Restraint Act and the 2006 Prohibition of Child Marriage Act. The Committee urges the State party to: (a) Strictly enforce the law prohibiting harmful and discriminatory practices that violate the rights of women and girls, and to undertake effective public education measures, including awareness-raising programmes designed to eliminate gender based prejudices, traditional practices and provisions of personal status laws that are harmful and discriminatory to women and girls. (b) Provide detailed information in its next periodic report on the extent of these practices and the measures being taken to strictly enforce its laws for the protection of women and girls from such harmful practices. (Paragraphs 25 and 65) The Committee is concerned that the prevailing widespread phenomenon of early marriages, the high rate of maternal mortality and the rapid spread of HIV/AIDS and other sexually transmitted diseases in the State party, can be attributed largely to the lack of sex and reproductive education that is still viewed to be taboo in the State party. The Committee recommends that the State party: (a) Expand availability and accessibility of reproductive and sexual health information and services for everyone, and ensure that the educational programmes, including within the school curriculum, as well as services on sexual and reproductive health, are widely available. (Paragraphs 37 and 77) The Committee notes with concern the generally low quality of education in, and the under-funding of, public schools. The Committee urges the State party to: (a) Continue to make determined efforts to achieve universal primary education, compulsory and free of charge, by inter alia, taking further initiatives to eliminate child marriages, child labour especially of school-aged children, and targeting disadvantaged and marginalised groups in particular. (b) Allocate increased funding to public schools, ensuring that teachers are fully trained and qualified. (Paragraphs 41, 80, and 81) UN Committee on the Elimination of Racial Discrimination The Committee is concerned about the persistence of social norms of purity and pollution which de facto preclude marriages between Dalits and non-Dalits; it is also concerned about violence and social sanctions against inter-caste couples and the continuing practices of child marriage and dowry, and devadasi whereby mostly Dalit girls are dedicated to temple deities and forced into ritualised prostitution. The Committee urges the State party to: (a) Effectively enforce the prohibition of child marriage, the Dowry Prohibition Act (1961) and State laws prohibiting the practice of devadasi. (b) Punish such acts and acts of discrimination or violence against inter-caste couples and rehabilitate victims. (c) Conduct training and awareness-raising campaigns to sensitise police, prosecutors, judges, politicians, teachers and the general public as to the criminal nature of such acts. (Paragraph 18) _______________________________________________________________________ Trafficking of children, particularly for sexual exploitation UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee welcomes the ratification of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; the adoption of a plan of action to combat trafficking and commercial sexual exploitation of women and children; the initiative to undertake a study, inter alia, to collect data on the number of children and women who become victims of sexual exploitation and trafficking; and the Pilot Projects to Combat Trafficking of Children for Commercial Sexual Exploitation in Destination and Source Areas, but remains concerned that the Immoral Traffic Prevention Act, 1986 does not define trafficking and limits its scope to sexual exploitation. In addition, the Committee expresses its concern at the increasing number of child victims of sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. In light of articles 34 and 35 and other related articles of the Convention, the Committee recommends that the State party: (a) Extend the scope of the Immoral Traffic Prevention Act to all forms of trafficking of children and ensure that all trafficked children are always treated as victims; (b) Conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children; (c) Provide sufficient human, financial and technical resources for the implementation of the National Plan of Action; (d) Adopt multidisciplinary and multisectoral approaches and take measures to prevent and combat sexual exploitation and trafficking of children, including an awareness-raising campaign and educational programmes, particularly for parents; (e) Ensure that perpetrators are brought to justice; (f) Strengthen its policies to facilitate the reunification of child victims of trafficking with their families and provide adequate care and reintegration programmes for children who have been sexually exploited and/or trafficked, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children; (h) Collaborate with non-governmental organisations working on these issues and seek technical assistance from, among others, UNICEF. (Paragraphs 74 and 75) UN Human Rights Committee The Committee deplores the high incidence of child prostitution and trafficking of women and girls into forced prostitution, and it regrets the lack of effective measures to prevent such practices and to protect and rehabilitate the victims. The Committee also regrets that women who have been forced into prostitution are criminalised by the Immoral Trafficking Prevention Act and, further, that article 20 of the Act puts the burden of proof on a woman to prove that she is not a prostitute, which is incompatible with the presumption of innocence. Therefore: The Committee recommends the State party: (a) Repeal the application of this law to women in the situation described and take measures to protect and rehabilitate women and children whose rights have been violated in this way. (Paragraph 31) UN Special Rapporteur on violence against women, its causes and consequences Women and girls are trafficked into India for sex work, for forced labour and for forced marriage. Forced prostitution remains the primary goals of many of the traffickers. While a survey by the governmental Social Welfare Board estimates that in 1991, in six metropolitan cities there were about 1 million women and children engaged in sex work, the Indian Association for the Rescue of Fallen Women estimates that in 1992 there were 8 million women and children in sex work. (Paragraph 109) In the [case of] Gaurav Jain v. Union of India, the Supreme Court in 1997 directed the Government to constitute a committee to make an in-depth study of the problem of prostitution and child prostitutes and to develop strategies for their rescue and rehabilitation. A Committee on Prostitution, Child Prostitutes and Children of Prostitutes was constituted, headed by the Secretary, Department of Women and Child Development. Its report was submitted in 1998. A copy was presented to the Special Rapporteur.(Paragraph 114) The primary legal framework that deals with the problem of trafficking is the Prevention of Immoral Traffic Act of 1986 (PITA).PITA was amended recently and the presumption of guilt is now on the accused for cases in which children or minors are found in a brothel who have been determined by medical examination to have been sexually abused. PITA has made stricter punishment for offences relating to children. (Paragraph 115) According to the report of the Committee on Prostitution, Child Prostitutes and Children of Prostitutes submitted by the Department of Women and Children pursuant to the Supreme Court decision, the number of cases involving trafficking has lessened in recent years, especially during the period 1991-1995. However, given the fact that commentators have indicated to the Special Rapporteur that trafficking is on the increase, that statement may reflect the fact that PITA is not fully implemented.(Paragraph 118) Extensive support should be given to NGOs working in this field. The NGOs working with the children of the sex workers should be given special encouragement along with those who work with the victims of trafficking. A partnership between Government and NGOs working in this field is essential if the problem of trafficking is to be dealt with in the South Asian region. (Paragraph 168). Violence against children, including sexual violence UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee is concerned at the high prevalence of violence, abuse, including sexual abuse, and neglect of children within the State party, and at the lack of effective measures to combat this problem. The Committee is further concerned at outdated laws concerning sexual abuse. In light of article 19 of the Convention and in line with its previous recommendations (ibid., para. 45), the Committee recommends that the State party: (a) Adopt new legislative measures and amend outdated legislation to prohibit all forms of physical and mental violence, including sexual abuse of children in the family, in schools and in institutions; (b) Carry out public education campaigns and any other appropriate measures concerning the negative consequences of ill-treatment of children; (c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary; (d) Investigate and prosecute cases of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected; (e) Provide facilities for the care, recovery and reintegration of victims; (f) Train parents, teachers, law enforcement officials, care workers, judges, health professionals and children themselves in the identification, reporting and management of cases of ill-treatment, using a multidisciplinary and multisectoral approach; and (g) Seek assistance from, among others, UNICEF and WHO. (Paragraphs 50 and 51) UN Human Rights Committee The Committee expresses its concern at the plight of street children and at the reported high level of violence against children within society. It is particularly concerned at reports of child mutilation. The Committee urges the State party to: (a) Take urgent measures to address the problem of violence against children and set upspecific mechanisms for the protection of children. (Paragraph 33) UN Committee on Economic, Social and Cultural Rights The Committee is deeply concerned about the lack of progress achieved by the State party 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, in spite of the legal prohibitions such as the 2005 Domestic Violence Act, the 1961 Dowry Prohibition Act, the 1982 Prohibition of Dedication Act, the 1939 Child Marriage Restraint Act and the 2006 Prohibition of Child Marriage Act. (Paragraph 25) The Committee is concerned about the exceptionally high incidence of domestic violence against women and children in the State party, as well as the high proportion of children who are subjected to sexual abuse at home, in spite of the enactment of the Protection of Women from Domestic Violence Act of 2005. In this regard, the Committee deeply regrets the lax enforcement of the existing legislation for the protection of victims of domestic violence and the low rate of prosecution for such crimes under Section 498-A of the Indian Penal Code. The Committee recommends that the State party: (a) Ensure that the Protection of Women from Domestic Violence Act and Section 498-A of the Indian Penal Code are enforced effectively in all of its states and union territories, and that law enforcement officials, judges, lawyers, social workers and medical professionals are duly trained on the serious and criminal nature of domestic violence. (b) Provide in its next periodic report, detailed information on the extent of domestic violence, and on the legislative and other measures taken to address this phenomenon, including facilities and remedies provided for victims. (Paragraphs 26 and 67) UN Committee on the Elimination of Racial Discrimination The Committee is concerned about the persistence of social norms of purity and pollution which de facto preclude marriages between Dalits and non-Dalits; it is also concerned about violence and social sanctions against inter-caste couples and the continuing practices of child marriage and dowry, and devadasi whereby mostly Dalit girls are dedicated to temple deities and forced into ritualised prostitution. The Committee urges the State party to: (b) Punish such acts and acts of discrimination or violence against inter-caste couples and rehabilitate victims. (Paragraph 18) _______________________________________________________________________ Child labour, including in hazardous conditions UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee notes the tenth Plan for the National Child Labour Project but is extremely concerned at the large numbers of children involved in economic exploitation, many of whom are working in hazardous conditions, including as bonded labourers, especially in the informal sector, in household enterprises, as domestic servants and in agriculture. The Committee is further very concerned that minimum age standards for employment are rarely enforced and appropriate penalties and sanctions are not imposed to ensure that employers comply with the law. The Committee recommends that the State party: (a) Ensure the full implementation of the Child Labour (Prohibition and Regulation) Act, 1986, the Bonded Labour (System Abolition) Act, 1976 and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993; (b) Amend the Child Labour Act, 1986 so that household enterprises and government schools and training centres are no longer exempt from prohibitions on employing children; (c) Promote community-based programmes for the prevention of child labour; (d) Ratify ILO Conventions No. 138 concerning the 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; (e)Strengthen its efforts to raise awareness of the public at large, especially parents and children, of work hazards and to involve and train employers, workers and civic organisations, government officials, such as labour inspectors and law enforcement officials, and other relevant professionals; and (f) Continue its collaboration with ILO/IPEC. (Paragraphs 72 and 73) UN Human Rights Committee The Committee expresses concern that, despite actions taken by the State party, there has been little progress in implementing the Child Labour (Prohibition and Regulation) Act of 1986. The Committee urges the State party to: (a) Remove all children from hazardous occupations (b) Implement the recommendation of the National Human Rights Commission (c) Respect the constitutional requirement that it should be a fundamental right for all children under 14 to have free and compulsory education (d) Strengthen efforts to eliminate child labour in both the industrial and rural sectors. (e) Give consideration to establishing an independent mechanism with effective national powers to monitor and enforce the implementation of laws for the eradication of child labour and bonded labour. (Paragraph 34) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern the generally low quality of education in, and the under-funding of, public schools. The Committee urges the State party to continue to make determined efforts to achieve universal primary education, compulsory and free of charge, by inter alia, taking further initiatives to eliminate child marriages, child labour especially of school-aged children, and targeting disadvantaged and marginalised groups in particular. (Paragraphs 41 and 80) UN Special Rapporteur on the right to food Child labour persists and the Special Rapporteur was particularly concerned to receive reports of child labour on farms contracted to transnational corporations, such as cottonseed production in Andhra Pradesh, where young girls have been employed instead of men to reduce the cost of labour. (Paragraph 12) _______________________________________________________________________ Discrimination against girls, in education and in access to food UN Committee on the Rights of the Child (Concluding Observations, February 2004) In light of article 2 of the Convention, the Committee is deeply concerned at the widely disparate levels of enjoyment of the rights in the Convention by girls, children living in certain states, rural areas and slums, and children belonging to certain castes and tribal and indigenous groups. The Committee recommends that concerted efforts at all levels be taken to address social inequalities by reviewing and reorienting policies, including increasing budgetary allocations for programmes targeting the most vulnerable groups, and that technical assistance be sought from, among others, UNICEF. (Paragraphs 25 and 26) The Committee welcomes the National Plan of Action for the Girl Child and the Platform for Action, but is deeply concerned at the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including low school enrolment and high dropout rates, early and forced marriages, and religion-based personal status laws that perpetuate gender inequality in areas such as marriage, divorce, custody and guardianship of infants, and inheritance. The Committee urges the State party to take all necessary measures for the implementation of the National Plan of Action for the Girl Child and encourages the enforcement of protective laws. The Committee also encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family. Political, religious and community leaders should be mobilised to support efforts to eradicate harmful traditional practices and attitudes which still discriminate against girls. (Paragraphs 29 and 30) While welcoming the special temporary programmes and other activities to improve the enjoyment of rights by girls and vulnerable groups such as children belonging to Scheduled Castes and Tribes, the Committee expresses its concern at the possibility that other children in situations similar to that of those groups are not receiving the same benefits. The Committee recommends that all existing and future special temporary programmes be provided with specified goals and timetables, in order to evaluate their success and justify their continuation, expansion and dissemination. The Committee further recommends that the State party start to develop special programmes for the allocation of educational and other benefits that are based on the child’s needs and rights rather than on the basis of sex, caste or tribe, or any other characteristic that may result in unjustifiable discrimination. (Paragraphs 31 and 32) The Committee notes the 2003 amendment to the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, but remains deeply concerned that the sex ratio in the age group 0-6 years has worsened over the past decade. In addition to its recommendations regarding gender discrimination (para. 30), the Committee strongly recommends that the State party: (a) Take all necessary steps to ensure the implementation of the Pre conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994; (b) Further develop massive awareness campaigns, involving parents, communities, law enforcement officers, etc., and take the necessary measures, including imposing sanctions to end the practice of selective abortions and female infanticide; and (c) Undertake gender impact studies when planning programmes relating to economic and social policies. (Paragraphs 33 and 34) UN Human Rights Committee While acknowledging measures taken to outlaw child marriages (Child Marriages Restraint Act), the practice of dowry and dowry related violence (Dowry Prohibition Act and the Penal Code) and sati - self-immolation of widows - (Commission of Sati (Prevention) Act), the Committee remains gravely concerned that legislative measures are not sufficient and that measures designed to change the attitudes which allow such practices should be taken. The Committee is also concerned that giving male children preferred treatment persists, and deplores that practices such as foeticide and infanticide of females continue. The Committee further notes that rape in marriage is not an offence and that rape committed by a husband separated from his wife incurs a lesser penalty than for other rapists. The Committee urges the State party to: (a) Take further measures to overcome these problems and to protect women from all discriminatory practices, including violence. (b) Provide additional information in the State party's next periodic report on the functions, powers and activities of the National Commission for Women. (Paragraph 16) UN Committee on Economic, Social and Cultural Rights The Committee is deeply concerned about the lack of progress achieved by the State party 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, in spite of the legal prohibitions such as the 2005 Domestic Violence Act, the 1961 Dowry Prohibition Act, the 1982 Prohibition of Dedication Act, the 1939 Child Marriage Restraint Act and the 2006 Prohibition of Child Marriage Act. The Committee urges the State party to: (a) Strictly enforce the law prohibiting harmful and discriminatory practices that violate the rights of women and girls, and to undertake effective public education measures, including awareness-raising programmes designed to eliminate gender based prejudices, traditional practices and provisions of personal status laws that are harmful and discriminatory to women and girls. (b) Provide detailed information in its next periodic report on the extent of these practices and the measures being taken to strictly enforce its laws for the protection of women and girls from such harmful practices. (Paragraphs 25 and 65) UN Special Rapporteur on the right to food Nearly a third of children (30 per cent) are born underweight, which means that their mothers are themselves underweight and undernourished. Malnutrition also increases during early childhood, Women and children, particularly girl children also, tend to suffer disproportionately from hunger and malnutrition as a result of discrimination. The Special Rapporteur received many other reports on alleged starvation or malnutrition deaths, including by FIAN,57 the Asian Human Rights Commission and Manabadhikar Suraksha Mancha.58 In Orissa, when he visited villages, he received testimonies by women who had lost their children to hunger and malnutrition. As Chief Justice of the Uttar Pradesh High Court, A.W. Ray, said in his conclusion of the Judicial Colloquium on the Right to Food, “in a country where there is plenty of food, every child, woman and man dying from hunger is assassinated”. (Paragraph 42) _______________________________________________________________________ Discrimination against children on the basis of caste, tribe or indigenous background UN Committee on the Rights of the Child (Concluding Observations, February 2004) In light of article 2 of the Convention, the Committee is deeply concerned at the widely disparate levels of enjoyment of the rights in the Convention by girls, children living in certain states, rural areas and slums, and children belonging to certain castes and tribal and indigenous groups. The Committee recommends that concerted efforts at all levels be taken to address social inequalities by reviewing and reorienting policies, including increasing budgetary allocations for programmes targeting the most vulnerable groups, and that technical assistance be sought from, among others, UNICEF. (Paragraphs 25 and 26) The Committee is deeply concerned at persistent and significant social discrimination against children belonging to Scheduled Castes and Tribes and other tribal groups, reflected, inter alia, by the many violations of the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the low number of such violations dealt with by the courts, and the fact that a majority of the states have failed to set up the special courts provided for under this Act. The Committee recommends that the State party, in accordance with article 17 of its Constitution and article 2 of the Convention, take all necessary steps to abolish the discriminatory practice of “untouchability”, prevent caste- and tribe-motivated abuse, and prosecute State and private actors who are responsible for such practices or abuses. Moreover, in compliance with article 46 of the Constitution, the State party is encouraged to implement, inter alia, special measures to advance and protect these groups. The Committee recommends the full implementation of the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the 1995 Scheduled Castes and Scheduled Tribes Rules (Prevention of Atrocities) and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The Committee encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat caste-based discrimination with a view to changing social attitudes, by involving, inter alia, religious leaders. (Paragraphs 27 and 28) While welcoming the special temporary programmes and other activities to improve the enjoyment of rights by girls and vulnerable groups such as children belonging to Scheduled Castes and Tribes, the Committee expresses its concern at the possibility that other children in situations similar to that of those groups are not receiving the same benefits. The Committee recommends that all existing and future special temporary programmes be provided with specified goals and timetables, in order to evaluate their success and justify their continuation, expansion and dissemination. The Committee further recommends that the State party start to develop special programmes for the allocation of educational and other benefits that are based on the child’s needs and rights rather than on the basis of sex, caste or tribe, or any other characteristic that may result in unjustifiable discrimination. (Paragraphs 31 and 32) UN Special Rapporteur on the right to food Most of the victims of starvation are women and children, members of the Scheduled Tribes and Scheduled Castes, with their deaths mainly due to discrimination in access to food or productive resources, evictions or the lack of implementation of the food-based schemes. (Paragraph 43) The Mid-Day Meals Scheme aims to provide meals to schoolchildren under the responsibility of the Department of Education as well as the Ministry of Rural Development and the Ministry of Urban Affairs and Employment, and is implemented by the state governments. The dual aim is to ensure nourishment of children and encourage school attendance. Central government provides the foodgrains and state governments are expected to meet the costs of non-food expenses including cooking, transport and delivery of foodgrain to schools as well as arranging for cooking, serving and supplying micronutrients. Under a new order from the Supreme Court, schools were required to serve cooked rice and dal (lentils) or vegetables to primary school children from January 2002, although this order has not been equally implemented across the different states. The Special Rapporteur is also concerned by reports that, in the Mid-Day Meals Scheme, parents of upper-caste children have protested against women of scheduled castes or tribes being employed to cook or serve meals. (Paragraph 35) _______________________________________________________________________ Inadequate education provision, disparities in provision and high rate of illiteracy UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee welcomes the adoption of the Constitution (86th Amendment) The Committee recommends that the State party: (a) Improve the education system with a view to achieving the aims mentioned in article 29, paragraph 1 of the Convention and the Committee’s general comment No. 1 on the aims of education, and introduce human rights, including children’s rights, into the school curricula; (b) Strengthen its efforts to progressively ensure that that all girls and boys, in urban, rural and least developed areas and children belonging to Scheduled Castes and Tribes, have equal access to educational opportunities; (c) Raise awareness of the importance of early childhood education and introduce it into the general framework of education; (d) Encourage the participation of children at all levels of school life; (e) Take the necessary measures to improve the quality of education and to ensure better efficiency in the management of education, including by decreasing the dropout rate; (f) Hire more qualified teachers and provide them with more opportunities for training; (g) Take all necessary measures to curb teachers’ absenteeism; (h) Build better infrastructure for schools; and (i) Seek assistance from UNICEF and UNESCO. (Paragraphs 64 and 65) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern the generally low quality of education in, and the under-funding of, public schools. The Committee urges the State party to: (a) Continue to make determined efforts to achieve universal primary education, compulsory and free of charge, by inter alia, taking further initiatives to eliminate child marriages, child labour especially of school-aged children, and targeting disadvantaged and marginalised groups in particular. (b) Allocate increased funding to public schools, ensuring that teachers are fully trained and qualified. (Paragraphs 41, 80, and 81) _______________________________________________________________________ Inadequate sexual and reproductive healthcare and education UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee recommends that the State party: (c) Strengthen sexual and reproductive health education, mental health and adolescent counselling services and make them accessible to adolescents. (Paragraph 61) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that the prevailing widespread phenomenon of early marriages, the high rate of maternal mortality and the rapid spread of HIV/AIDS and other sexually transmitted diseases in the State party, can be attributed largely to the lack of sex and reproductive education that is still viewed to be taboo in the State party. The Committee recommends that the State party: (a) Expand availability and accessibility of reproductive and sexual health information and services for everyone, and ensure that the educational programmes, including within the school curriculum, as well as services on sexual and reproductive health, are widely available. (Paragraphs 37 and 77) _______________________________________________________________________ High rates of malnutrition and related health issues The Committee recommends that the State party reinforce its efforts in developing effective policies and programmes to improve the health situation of children. It also recommends that the State party ensure access for all children to primary, free and quality health services; regulate and monitor traditional and modern medicinal practice; combat malnutrition; promote healthy nutrition habits, including breastfeeding; improve immunisation rates; increase access to safe drinking water and adequate sanitation; and address the issue of environmental pollution effectively. Additionally, the Committee encourages the State party to pursue additional avenues of cooperation and assistance for child health improvement with, inter alia, WHO and UNICEF. (Paragraph 53) UN Special Rapporteur on the right to food Nearly 2 million Indian children die every year as a result of serious malnutrition and preventable diseases. Nearly half suffer from moderate or severe malnutrition, with 47 per cent of children underweight and 46 per cent stunted in their growth. This is one of the highest levels of child malnutrition in the world, higher than most countries in Sub-Saharan Africa. Malnutrition is most severe amongst children in rural areas but is also high in urban areas. Nearly a third of children (30 per cent) are born underweight, which means that their mothers are themselves underweight and undernourished. Malnutrition also increases during early childhood, The Integrated Child Development Services Programmes (ICDS) is one of the largest programmes in the world aiming to provide integrated nutrition, health and early child development services for children from 0-6 years, under the responsibility of the Department of Women and Child Development. The Special Rapporteur observed the operation of Anganwadi Centres in rural villages, where he saw how check-ups on children’s nutritional status were carried out to monitor severe and acute malnourishment, with food and nutritional supplements given to mothers of children identified as malnourished. According to the State government officials with whom the Special Rapporteur spoke, the ICDS has contributed to enormous progress in improving child nutrition and reducing child mortality. However, he noted that there seemed to be a tendency to overstate progress in monitoring levels of malnutrition, as progress appeared to be extremely rapid but did not seem to accord with the national statistical surveys. Some other problems were drawn to his attention, including the lack of storage facilities for food, occasional diversion of supplies by staff and lack of availability of the right quantities of food at the centres at the appropriate time as well as the financial constraints of state governments that have limited the nutritional supplements available for the ICDS. Predominantly distributing rice and wheat, even the ICDS does not sufficiently promote nutrition as well as food security. (Paragraph 34) Women and children, particularly girl children also, tend to suffer disproportionately from hunger and malnutrition as a result of discrimination. The Special Rapporteur received many other reports on alleged starvation or malnutrition deaths, including by FIAN,57 the Asian Human Rights Commission and Manabadhikar Suraksha Mancha.58 In Orissa, when he visited villages, he received testimonies by women who had lost their children to hunger and malnutrition. As Chief Justice of the Uttar Pradesh High Court, A.W. Ray, said in his conclusion of the Judicial Colloquium on the Right to Food, “in a country where there is plenty of food, every child, woman and man dying from hunger is assassinated”. (Paragraph 42) Most of the victims of starvation are women and children, members of the Scheduled Tribes and Scheduled Castes, with their deaths mainly due to discrimination in access to food or productive resources, evictions or the lack of implementation of the food-based schemes. (Paragraph 43) _______________________________________________________________________ Lack of human rights education UN Committee on the Rights of the Child (Concluding Observations, February 2004) The Committee welcomes the dissemination of its previous concluding observations and the various awareness-raising campaigns, but remains concerned that children and the public at large, as well as all groups of professionals working with and for children, are not sufficiently aware of the Convention and the rights-based approach enshrined therein. In line with its previous recommendations (ibid., para. 25), the Committee recommends that the State party: (a) Strengthen its efforts to disseminate the principles and provisions of the Convention, and make those efforts systematic, in order to sensitise society about children’s rights through social mobilisation; (b) Systematically involve parliamentarians and community and religious leaders in its programmes to eradicate customs and traditions that impede the implementation of the Convention, and adopt creative measures of communications for illiterate people and for people in remote areas; (c) Undertake systematic education and training on the provisions of the Convention for all professional groups working for and with children, in particular, judges, lawyers, law enforcement officials, civil servants, municipal and local workers, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers; (d) Further promote human rights education, including the rights of the child, in primary and secondary school curricula as well as in the curricula for teacher training; (e) Seek technical assistance from, among others, OHCHR, UNESCO and UNICEF. (Paragraphs 23 and 24) UN Committee on Economic, Social and Cultural Rights The Committee notes with regret the absence of human rights education in the school curricula in the State party. The Committee encourages the State party to: (a) Provide human rights education in schools at all levels and in universities, cultivating values of tolerance, social inclusion and participation. (b) Make increased efforts to raise awareness about human rights, in particular economic, social and cultural rights, among State officials, the judiciary and the public at large. (Paragraphs 43 and 83) _______________________________________________________________________ Children living on the streets UN Committee on the Rights of the Child (Concluding Observations, Febraury 2004) The Committee welcomes the existence of the Integrated Programme for Street Children but remains concerned at the growing number of street children in the State party, due notably to the structural situation of the State party as well as to the lack of proactive policies and programmes of prevention and for the support of the family. The Committee recommends that the State party: (a) Strengthen and extend its Integrated Programme for Street Children to address the large and increasing number of street children, with the aim of protecting these children, especially girls, and of preventing and reducing this phenomenon, in particular through assistance to families and the provision of adequate housing and access to education; (b) Ensure that street children are provided with adequate nutrition, clothing, housing, health care and educational opportunities, including vocational and life-skills training, in order to support their full development, providing official documents when necessary; (c) Ensure that these child victims of physical, sexual and substance abuse are provided with recovery and reintegration services, protection from arrest and maltreatment by the police, and effective services for reconciliation with their families and community; (d) Collaborate with non-governmental organizations working with street children in the State party and seek technical assistance from, among others, UNICEF. (Paragraphs 76 and 77) UN Human Rights Committee The Committee expresses its concern at the plight of street children and at the reported high level of violence against children within society. It is particularly concerned at reports of child mutilation. The Committee urges the State party to: (a) Take urgent measures to address the problem of violence against children and set upspecific mechanisms for the protection of children. (Paragraph 33) _______________________________________________________________________
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Last reported: 24 and 25 July 1997
Concluding Observations adopted: 30 July 1997
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
Last reported: 23 and 26 February 2007
Concluding Observations adopted: 6 March 2007
(g) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime; and
Last reported: 24 and 25 July 1997
Concluding Observations adopted: 30 July 1997
Country visit: 28 October to 15 November 2000
Report published: 6 February 2001
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Last reported: 24 and 25 July 1997
Concluding Observations adopted: 30 July 1997
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
Last reported: 23 and 26 February 2007
Concluding Observations adopted: 6 March 2007
Last reported: 24 and 25 July 1997
Concluding Observations adopted: 30 July 1997
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
Country visit: 20 August to 2 September 2005
Report published: 20 March 2006
Last reported: 24 and 25 July 1997
Concluding Observations adopted: 30 July 1997
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
Country visit: 20 August to 2 September 2005
Report published: 20 March 2006
particularly for girl children, reflecting persistent social discrimination against girl children who appear to be fed less than boy children. Micronutrient deficiencies are endemic and have a disastrous effect on physical and mental development. More than 80 per cent of women, infants and adolescent girls suffer from anaemia and iron intake is estimated to be below 50 per cent of the recommended daily allowance. Vitamin A deficiencies, particularly blindness, as well as iodine disorders have been recorded among children in hundreds of districts. Although the Tenth Five Year Plan 2002-2007 includes the prevention, detection and management of micronutrient programme, the Special Rapporteur was informed that the Indian Council of Medical Research’s studies have shown that National Nutrition Goals have not been met. (Paragraph 7)
Country visit: 20 August to 2 September 2005
Report published: 20 March 2006
Act, 2002 providing for free and compulsory education for all children aged 6-14, the continued efforts of the State party to increase girls’ enrolment in school and the Midday Meal Scheme. While noting an increased enrolment rate, the Committee is seriously concerned that 60 million children do not attend primary school. The Committee is further concerned at the high, although decreasing, level of illiteracy and the striking disparities in terms of access to education, attendance at primary and secondary school and dropout rates between boys and girls. The Committee is also concerned that striking disparities regarding these rates also exist between different states, between rural and urban areas, and between the affluent and the poor and disadvantaged groups. The Committee is further concerned at the insufficient number of trained teachers, schools and classrooms, and the lack of relevant learning material, which affect the quality of education.
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
UN Committee on the Rights of the Child (Concluding Observations, February 2004)
Country visit: 20 August to 2 September 2005
Report published: 20 March 2006
particularly for girl children, reflecting persistent social discrimination against girl children who appear to be fed less than boy children. Micronutrient deficiencies are endemic and have a disastrous effect on physical and mental development. More than 80 per cent of women, infants and adolescent girls suffer from anaemia and iron intake is estimated to be below 50 per cent of the recommended daily allowance. Vitamin A deficiencies, particularly blindness, as well as iodine disorders have been recorded among children in hundreds of districts. Although the Tenth Five Year Plan 2002-2007 includes the prevention, detection and management of micronutrient programme, the Special Rapporteur was informed that the Indian Council of Medical Research’s studies have shown that National Nutrition Goals have not been met. (Paragraph 7)
Last reported: 7 and 8 May 2008
Concluding Observations adopted: 16 May 2008
Last reported: 24 and 25 July 1997
Concluding Observations adopted: 30 July 1997