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Constitutional Provisions,
 rights and Legislations
Concerning Children and
         Women



                             1
• GoI has been striving for
  holistic  empowerment       of
  women and children through
  law and policies, programmes,
  capacity building and training
  and awareness creation.



                               2
INDICATORS
• MMR                    254 per lakh
• Literacy Rate          53.67%
• No. of women married
  before 18 years        45%
• Pregnant women
  who are anemic         57.9%
• Sex Ratio              927 per 1000 boys


                                             3
Sex and Gender

Sex
• It is biological difference between men and
women
• It is nature made
• Sex never changes, it is constant
• It is non-hierarchical
• It is specific to individuals

                                                4
Gender
• It is a social cultural construct that is
constructed by assigning roles and
responsibilities to women and men in a given
culture and location
• It is society made
• Gender is variable
• It is systematic
• It is hierarchical
                                               5
COMMITMENTS

• Constitutional provisions
• Policies
•Commitments at International
level
• Legislative Support
• Action plan


                                6
Constitutional Provisions
                 (For CHILDREN)


•Article 15: not discriminate against any citizen
•Article 21: no person shall be deprived of his
life or personal liberty
• Article 23: Traffic in humnan beings, forced
labour prohibited
• Article 24: No child below 14 years to work

                                                    7
• Article 39: the tender age of children are not
 abused
• Article 42: For securing just and humane
 conditions of work and for maternity relief.
• Article 45: Free and compulsory education to
 all children till fourteen years of age.
• Article 47: Raising of the level of nutrition and
 the standard of living of its people.

                                                      8
INTERNATIONAL CONVENTION
• UN Convention on the Rights of the Child (CRC)
   The Convention sets out these rights in 54 articles.
   It spells out the basic human rights that every child
    has and broadly categorised under:
     •   Right   to   Survival
     •   Right   to   Development
     •   Right   to   Protection
     •   Right   to   Participation
   Other Conventions
     •   Protocol to prevent, suppress and punish. Trafficking in
         persons, especially women and Children.
     •   SAARC Convention on Preventing and Combating
         Trafficking in Women and Children for Prostitution.
     •   SAARC Convention on Regional Arrangements for the
         Promotion of Child Welfare in South Asia.
                                                                9
National Policy for Children- 1974

•Children to be covered by health and nutrition
services.
•Free and compulsory education to all children
below 14 years in a time bound manner
• Non-formal education
•Physical education, games, sports to be promoted
in schools, community centres etc.

                                                    10
• Equality of opportunity to children of weaker sections
•Children to be protected against neglect cruelty and
exploitation
•No child under 14 to work, special facilities for
handicapped children, priority to children during
distress, calamities, special programme for gifted
children
•Existing laws to be amended to ensure safeguard of
children’s interest

                                                           11
National Health Policy – 1983

•Emphasis       on      launching    of   nation   wide
immunisation programme aimed at cent percent
coverage of targeted population
•Priority on launching of special programme for
maternal and child health with focus on under
privilaged sections of the society
• School health programme
•Emphasis on provision of safe drinking water-
sanitaiton facilities                                 12
National Policy on Education – 1986
           (revised in 1992)
• High priority to ECCE
•Day   Care     Centres    as   support    service      for
Universalisation of Primary Education
• Integration of child care and pre-primary education
•Universal enrolment and retention of children up to 14
years of age in the school system



                                                         13
• Child centred activity based process of learning
 adopted at primary stage
• Supplementary      remedial     instruction    for     first
 generation learners
• Provision for essential facilities in primary school
• Highest priority to solving of school drop-out children
• Non-formal education facilities for working children,
 school drop-out, girl children
• Provision of at least two teachers (one women) in
 every school
                                                           14
National Policy on Child Labour –
                 1987
•Setting   up   of Child      Labour   Technical Advisory
Committee
•Emphasis on strict enforcement of provisions of child
labour (Prohibition and Regulation) Act, 1986 and other
child related legislations.
•Focusing on general development programmes for
benefiting children
• Setting up of area specific projects
                                                       15
National Nutritional Policy – 1993

Realised the importance of tackling the problem of mal-
nutrition through direct nutrition intervention for
specially vulnerable groups as well as through various
development policy instruments, which will create
condition for improved nutrition.




                                                    16
LAW AND POLICIES
                  (FOR WOMEN)
• Constitution of India
   Provides equal status to women (Art 14)
   Empowers the States to take affirmative    action
    towards women (Art 15 (3))

• National Policy for Empowerment of Women
   Adopted in 2001
   Main Objective—To bring about advancement,
    development and empowerment of women and to
    eliminate all forms of discrimination against
    women and to ensure their active participation in
    all spheres of public life and activities.



                                                   17
LAW AND POLICIES
• Legislations related to women’s issue:-
   Prohibition of Child Marriage Act, 2006
   The Protection of Women from Domestic Violence Act,
    2005
   The Commission of Sati (Prevention) Act, 1987
   The Indecent Representation of Women (Prohibition)
    Act, 1986
   The Dowry Prohibition Act, 1961
   The Immoral Traffic (Prevention) Act, 1956
   The Protection of Women against Sexual Harassment
    at Work Place Bill, 2007

                                                      18
LAW AND POLICIES
• National Plan of Action (POA)
   To ensure that the policy prescription get
    implemented, the Ministry is in the process of
    drafting a National Plan of Action.
   The Plan will also identify commitment of resources
    and    responsibilities  for   implementation   and
    strengthen institutional mechanisms and structures
    for monitoring.
   Operational strategy mentions the need to develop
    Gender Development Index as a method of gender
    auditing and importance of collecting gender-
    disaggregated data.



                                                     19
INTERNATIONAL CONVENTION
• UN     Convention      on   Elimination                 of
  Discrimination against Women (CEDAW)
   Adopted in 1979 by the UN General Assembly.
   Provides the basis for realizing equality between
    women and men through ensuring women's equal
    access to, and equal opportunities in, political and
    public life, including the right to vote and to stand for
    election,    as   well   as   education,    health   and
    employment. 
   The Government of India as signatory to the
    Conventions, periodically reports to the concerned
    Committee on the status of implementation of the
    Convention.

                                                           20
• Article 1, 4 and 15: Equality before law
• Article 6: Trafficking of women and children
• Article 7: Political Participation
• Article 10: Education
• Article 11: Employment
• Article 12: Health
• Article 16: Marriage and family relations

                                              21
COMMISSIONS
• National Commission for Women
 Set-up in 1992 to safe guard the interests of women.
 Has a wide mandate covering all aspects of women’s
  development and includes:--
  •   Investigating and examining the legal safeguards provided
      for women under the constitution and other laws.
  •   Reviewing existing provisions in various        laws     and
      recommend amendments to fulfill any gap.
  •   Looking into complaints and take suo-moto notice.
  •   Taking up research/studies on issues related to women.



                                                                22
COMMISSIONS
• National Commission for Protection of Child
  Rights
   Set-up in 2007 to safe guard the interests of children.
   Has a wide mandate and includes:--
  •   Examine and review the safeguards provided by various laws for the
      protection of child rights and recommend measures for their
      effective implementation.
  •   Inquire into violation of child rights and recommend initiation of
      proceedings in such cases.
  •   Undertake and promote research in the field of child rights.
  •   Spread child rights literacy among various sections of society and
      promote awareness of the safeguards available for protection of
      these rights through publications, media, seminars and other
      available means.
                                                                      23
OTHER COMMISSIONS
• Other Commissions which also look into the
  violation of rights of women include:-
   National Human Rights Commission
   National Commission for Minorities
   National Commission for Backward Classes
   National Commission Scheduled Castes
   National Commission Scheduled Tribes




                                               24
Direct Intervention – Short term

• Expanding the safety net
• Reaching the adolescent girls
• Better coverage of expectant women
• Fortification of essential foods
• Control of micro-nutrient Deficiencies amongst
vulnerable groups



                                                   25
Indirect Policy Instruments –
                Long term

• Food Security
•Improvement of dietary patterns through production
and demonstration
•Improving Public Distribution systems and Purchasing
power
• Nutrition Surveillance
• Basic Health and Nutrition Knowledge

                                                   26
ACTION PLAN
In order to achieve the millennium development goals
relating to women and children many new schemes
have been started, these include:
•SABLA: Rajiv Gandhi Scheme for Empowerment of
Adolescent girls (RGSEAG).
•IGMSY: Indira Gandhi Matritva Sahyog Yojana, for

improvement of maternal and child status
•Right to Education Act: to fulfill the aim of

achieving education for all.
                                                   27
Thank You




            28

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Constitutional provisions relating to children and women

  • 1. Constitutional Provisions, rights and Legislations Concerning Children and Women 1
  • 2. • GoI has been striving for holistic empowerment of women and children through law and policies, programmes, capacity building and training and awareness creation. 2
  • 3. INDICATORS • MMR 254 per lakh • Literacy Rate 53.67% • No. of women married before 18 years 45% • Pregnant women who are anemic 57.9% • Sex Ratio 927 per 1000 boys 3
  • 4. Sex and Gender Sex • It is biological difference between men and women • It is nature made • Sex never changes, it is constant • It is non-hierarchical • It is specific to individuals 4
  • 5. Gender • It is a social cultural construct that is constructed by assigning roles and responsibilities to women and men in a given culture and location • It is society made • Gender is variable • It is systematic • It is hierarchical 5
  • 6. COMMITMENTS • Constitutional provisions • Policies •Commitments at International level • Legislative Support • Action plan 6
  • 7. Constitutional Provisions (For CHILDREN) •Article 15: not discriminate against any citizen •Article 21: no person shall be deprived of his life or personal liberty • Article 23: Traffic in humnan beings, forced labour prohibited • Article 24: No child below 14 years to work 7
  • 8. • Article 39: the tender age of children are not abused • Article 42: For securing just and humane conditions of work and for maternity relief. • Article 45: Free and compulsory education to all children till fourteen years of age. • Article 47: Raising of the level of nutrition and the standard of living of its people. 8
  • 9. INTERNATIONAL CONVENTION • UN Convention on the Rights of the Child (CRC)  The Convention sets out these rights in 54 articles.  It spells out the basic human rights that every child has and broadly categorised under: • Right to Survival • Right to Development • Right to Protection • Right to Participation  Other Conventions • Protocol to prevent, suppress and punish. Trafficking in persons, especially women and Children. • SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. • SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia. 9
  • 10. National Policy for Children- 1974 •Children to be covered by health and nutrition services. •Free and compulsory education to all children below 14 years in a time bound manner • Non-formal education •Physical education, games, sports to be promoted in schools, community centres etc. 10
  • 11. • Equality of opportunity to children of weaker sections •Children to be protected against neglect cruelty and exploitation •No child under 14 to work, special facilities for handicapped children, priority to children during distress, calamities, special programme for gifted children •Existing laws to be amended to ensure safeguard of children’s interest 11
  • 12. National Health Policy – 1983 •Emphasis on launching of nation wide immunisation programme aimed at cent percent coverage of targeted population •Priority on launching of special programme for maternal and child health with focus on under privilaged sections of the society • School health programme •Emphasis on provision of safe drinking water- sanitaiton facilities 12
  • 13. National Policy on Education – 1986 (revised in 1992) • High priority to ECCE •Day Care Centres as support service for Universalisation of Primary Education • Integration of child care and pre-primary education •Universal enrolment and retention of children up to 14 years of age in the school system 13
  • 14. • Child centred activity based process of learning adopted at primary stage • Supplementary remedial instruction for first generation learners • Provision for essential facilities in primary school • Highest priority to solving of school drop-out children • Non-formal education facilities for working children, school drop-out, girl children • Provision of at least two teachers (one women) in every school 14
  • 15. National Policy on Child Labour – 1987 •Setting up of Child Labour Technical Advisory Committee •Emphasis on strict enforcement of provisions of child labour (Prohibition and Regulation) Act, 1986 and other child related legislations. •Focusing on general development programmes for benefiting children • Setting up of area specific projects 15
  • 16. National Nutritional Policy – 1993 Realised the importance of tackling the problem of mal- nutrition through direct nutrition intervention for specially vulnerable groups as well as through various development policy instruments, which will create condition for improved nutrition. 16
  • 17. LAW AND POLICIES (FOR WOMEN) • Constitution of India  Provides equal status to women (Art 14)  Empowers the States to take affirmative action towards women (Art 15 (3)) • National Policy for Empowerment of Women  Adopted in 2001  Main Objective—To bring about advancement, development and empowerment of women and to eliminate all forms of discrimination against women and to ensure their active participation in all spheres of public life and activities. 17
  • 18. LAW AND POLICIES • Legislations related to women’s issue:-  Prohibition of Child Marriage Act, 2006  The Protection of Women from Domestic Violence Act, 2005  The Commission of Sati (Prevention) Act, 1987  The Indecent Representation of Women (Prohibition) Act, 1986  The Dowry Prohibition Act, 1961  The Immoral Traffic (Prevention) Act, 1956  The Protection of Women against Sexual Harassment at Work Place Bill, 2007 18
  • 19. LAW AND POLICIES • National Plan of Action (POA)  To ensure that the policy prescription get implemented, the Ministry is in the process of drafting a National Plan of Action.  The Plan will also identify commitment of resources and responsibilities for implementation and strengthen institutional mechanisms and structures for monitoring.  Operational strategy mentions the need to develop Gender Development Index as a method of gender auditing and importance of collecting gender- disaggregated data. 19
  • 20. INTERNATIONAL CONVENTION • UN Convention on Elimination of Discrimination against Women (CEDAW)  Adopted in 1979 by the UN General Assembly.  Provides the basis for realizing equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life, including the right to vote and to stand for election, as well as education, health and employment.   The Government of India as signatory to the Conventions, periodically reports to the concerned Committee on the status of implementation of the Convention. 20
  • 21. • Article 1, 4 and 15: Equality before law • Article 6: Trafficking of women and children • Article 7: Political Participation • Article 10: Education • Article 11: Employment • Article 12: Health • Article 16: Marriage and family relations 21
  • 22. COMMISSIONS • National Commission for Women  Set-up in 1992 to safe guard the interests of women.  Has a wide mandate covering all aspects of women’s development and includes:-- • Investigating and examining the legal safeguards provided for women under the constitution and other laws. • Reviewing existing provisions in various laws and recommend amendments to fulfill any gap. • Looking into complaints and take suo-moto notice. • Taking up research/studies on issues related to women. 22
  • 23. COMMISSIONS • National Commission for Protection of Child Rights  Set-up in 2007 to safe guard the interests of children.  Has a wide mandate and includes:-- • Examine and review the safeguards provided by various laws for the protection of child rights and recommend measures for their effective implementation. • Inquire into violation of child rights and recommend initiation of proceedings in such cases. • Undertake and promote research in the field of child rights. • Spread child rights literacy among various sections of society and promote awareness of the safeguards available for protection of these rights through publications, media, seminars and other available means. 23
  • 24. OTHER COMMISSIONS • Other Commissions which also look into the violation of rights of women include:-  National Human Rights Commission  National Commission for Minorities  National Commission for Backward Classes  National Commission Scheduled Castes  National Commission Scheduled Tribes 24
  • 25. Direct Intervention – Short term • Expanding the safety net • Reaching the adolescent girls • Better coverage of expectant women • Fortification of essential foods • Control of micro-nutrient Deficiencies amongst vulnerable groups 25
  • 26. Indirect Policy Instruments – Long term • Food Security •Improvement of dietary patterns through production and demonstration •Improving Public Distribution systems and Purchasing power • Nutrition Surveillance • Basic Health and Nutrition Knowledge 26
  • 27. ACTION PLAN In order to achieve the millennium development goals relating to women and children many new schemes have been started, these include: •SABLA: Rajiv Gandhi Scheme for Empowerment of Adolescent girls (RGSEAG). •IGMSY: Indira Gandhi Matritva Sahyog Yojana, for improvement of maternal and child status •Right to Education Act: to fulfill the aim of achieving education for all. 27
  • 28. Thank You 28