Child Rights in India Child Rights in India Law, Policy, and Practice Th ird Edition Asha Bajpai 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark of Oxford University Press in the UK and in certain other countries Published in India by Oxford University Press YMCA Library Building, 1 Jai Singh Road, New Delhi 110 001, India © Oxford University Press 2017 Th e moral rights of the authors have been asserted First Edition published in 2003 Second Edition as Oxford India Paperbacks in 2006 Th ird Edition as Oxford India Paperbacks in 2017 All rights reserved. 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Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer ISBN-13: 978-0-19-947071-6 ISBN-10: 0-19-947071-5 Typeset in Adobe Garamond Pro 10.5/12.5 by Th e Graphics Solution, New Delhi 110092 Printed in India by Rakmo Press, New Delhi 110 020 To my father, Ram Manohar Bajpai— my source of inspiration and strength Abbreviations AARTH Action, Advocacy, Research and Training in Disability AAY Antyodaya Anna Yojan ACASH Association for Consumers Action on Safety and Health ACHPR African Charter on Human and Peoples Rights ACPC Area Child Protection Committee ADR Alternative Dispute Resolution AFAA Authorized Foreign Adoption Agency AHTU Anti-human Traffi cking Unit AI Artifi cial Insemination AIACHE All India Association for Christian Higher Education AIFTO All India Federation of Teachers Organization AIMPLB All India Muslim Personal Law Board AIPTF All India Primary Teachers Federation AISTF All India Secondary Teachers Federation ARC Adoption Recommendation Committee ARI Acute Respiratory Infection ART Assisted Reproductive Technology ASD Action for Social Development ASHA Accredited Social Health Activist AWC Anganwadi Centre AYUSH Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy BBBP Beti Bachao, Beti Padhao BBMP Bruhat Bengaluru Bangalore Mahanagara Palike BCG Bacillus Calmette-Guerin BLAST Bangladesh Legal Aid and Services Trust BLSAA Bonded Labour System (Abolition) Act BSY Bal Sangopan Yojana CA Central Authority CAA Constitutional Amendment Act CACL Campaign against Child Labour CAN Child Abuse and Neglect CARA Central Adoption Resource Agency x Abbreviations CARE Cooperative for Assistance and Relief Everywhere CARINGS Child Adoption Resource Information and Guidance System CBO Community Based Organization CCTV Closed-Circuit Television CEDAW Convention of the Elimination of All Forms of Discrimination against Women CEDC Children in Especially Diffi cult Circumstances CEHAT Center for Enquiry into Health and Allied Th emes CJM Chief Judicial Magistrate CLM Child Labour Monitoring CLPRA Child Labour (Prohibition and Regulation) Act CMAM Community-Based Management of Acute Malnutrition CMM Chief Metropolitan Magistrate CMPO Child Marriage Protection Offi cer CNCP Children in Need of Care and Protection CPC Code of Civil Procedure CPCR Commission for Protection of Child Rights CPCRA Commission for Protection of Child Rights Act CRH Committee for Right to Housing CrPC Code of Criminal Procedure CRPD Convention on the Rights of Persons with Disabilities CRY Child Rights and You CSA&E Child Sexual Abuse and Exploitation CSB Central Supervisory Board CSR Child Sex Ratio CVARA Coordinating Voluntary Adoption Resource Agency CWA Child Workers in Asia CWC Child Welfare Committee CYDA Centre for Youth Development and Activities DCI Defence for Children International DCPCR Delhi Commission for Protection of Child Rights DCPU District Child Protection Unit DDA Delhi Development Authority DLSA Delhi Legal Services Authority DOE Director of Education DPEP District Primary Education Programme DPSP Directive Principles of State Policy DPT Diphtheria, Pertussis, and Tetanus DRC Declaration of the Rights of the Child DWCD Department of Women and Child Development EBB Educationally Backward Block ECCD Early Childhood Care and Development ECCE Early Childhood Care and Education ECD Early Childhood Development Abbreviations xi ECDC Early Childhood Development Center ECHR European Convention on Human Rights ECPAT End Child Prostitution in Asian Tourism EDUSAT Educational Satellite EFA Education for All ENAP Every Newborn Action Plan ESC European Social Charter ESI Employees’ State Insurance EWS Economically Weaker Section FAA Foreign Adoption Agency FACSE Forum against Child Sexual Abuse FAO Food and Agriculture Organization FASS Forum against Sex Selection FCA Family Courts’ Act FCI Food Corporation of India FSC Family Service Centre FSSAI Food Safety and Standards of India FYP Five Year Plan GATT General Agreement on Tariff s and Trade GD Government Department GDP Gross Domestic Product GER Gross Enrollment Ratio GHARAUNDA Group Home and Rehabilitation Activities under National Trust Act for Disabled Adults GMA Guardianship of Minors Act GR Government Resolution GWA Guardians and Wards Act HAMA Hindu Adoptions and Maintenance Act HIV/AIDS Human Immunodefi ciency Virus/Acquired Immune Defi ciency Syndrome HLRN Housing and Land Rights Network HMA Hindu Marriage Act HMGA Hindu Minority and Guardianship Act HRAH Human Right to Adequate Housing HRARF Human Rights Advocacy and Research Foundation HSA Hindu Succession Act IAPA Indian Association for Promotion of Adoption IAY Indira Awaas Yojana IBRD International Bank for Reconstruction and Development ICA Inter-country Adoption ICARA International Child Abduction Remedies Act ICCPR International Covenant on Civil and Political Rights ICCW Indian Council for Child Welfare ICDS Integrated Child Development Services ICESCR International Covenant on Economic, Social and Cultural Rights xii Abbreviations ICMR Indian Council of Medical Research ICPS Integrated Child Protection Scheme ICSW Indian Council for Social Welfare ICT Indian Contract Act ICTC Integrated Counselling and Testing Centre IDA Indian Divorce Act IDM Indian Diplomatic Mission ILO International Labor Organization IMR Infant Mortality Rate IMRB Indian Market Research Bureau INA Immigration and Nationality Act INAP India Newborn Action Plan IO Investigating Offi cer IPC Indian Penal Code IPCA International Parental Child Abductions IQ Intelligence Quotient ISA Indian Succession Act ISPCAN International Society for the Prevention of Child Abuse and Neglect IT Information Technology ITPA Immoral Traffi ck (Prevention) Act IVD Intravenous Drug IVF In-Vitro Fertilization IYCF Infant and Young Child Feeding JICL Juveniles in Confl ict with Law JJ Act Juvenile Justice (Care and Protection of Children) Act JJ Bill Juvenile Justice (Care and Protection of Children) Bill JJ Rules Juvenile Justice (Care and Protection of Children) Rules JJB Juvenile Justice Board JRY Jawahar Rozgar Yojana JSY Janani Suraksha Yojana JWO Junior Welfare Offi cer LAC Latin America and the Caribbean LLIN Long Lasting Insecticide Treated Nets LMIC Low or Middle Income Country MASUM Mahila Sarvangeen Utkarsh Mandal MCJM Municipal Corporation of Greater Mumbai MDC Mentally Disabled Children MDG Millennium Development Goal MDMS Mid-Day Meal Scheme MENA Middle East and North Africa MHADA Maharashtra Housing and Area Development Authority MHRD Ministry of Human Resource Development MMA Medical Methods of Abortion MMR Maternal Mortality Ratio Abbreviations xiii MVA Manual Vacuum Aspiration MWCD Ministry of Women and Child Development NACO National AIDS Control Organization NAFRE National Alliance for the Fundamental Right to quality Education and Equity NAMS National Academy of Medical Sciences NCAG National Coordination and Action Group NCC National Commission for Children NCD Non-communicable Disease NCE National Coalition for Education NCF National Curriculum Framework NCHR National Campaign for Housing Rights NCLP National Child Labour Project NCPCR National Commission for Protection of Child Rights NCRB National Crime Records Bureau NDP ‘No Detention’ Policy NDPS Narcotic Drugs and Psychotropic Substances Act NFBS National Family Benefi t Scheme NFSA National Food Security Act NGO Non-governmental Organization NHM National Health Mission NHP National Health Policy NHRC National Human Rights Commission NIMC National Inspection and Monitoring Committee NIOS National Institute of Open Schooling NLM National Literacy Mission NMBS National Maternity Benefi t Scheme NOAPS National Old Age Pension Scheme NOC No Objection Certifi cate NPAC National Plan of Action for Children NPCL National Policy on Child Labour NPE National Policy on Education NREP National Rural Employment Programme NRHM National Rural Health Mission NRI Non-resident Indian NSSO National Sample Survey Organization NUEPA National University of Educational Planning and Administration NUHM National Urban Health Mission NYP National Youth Policy OAS Organization of American States OAU Organization of African Unity OB Operation Blackboard OFCHR United Nations High Commissioner for Human Rights OHU Observation Home, Umerkhadi