The National Policy for Children, 2012
1. Introduction
1.1 India is
home to the largest child population in the world. The Constitution of India
guarantees Fundamental Rights to all children in the country and empowers the
State to make special provisions for children. The Directive Principles of
State Policy in the Constitution specifically guide the State in securing the
tender age of children from abuse and ensuring that children are given
opportunities and facilities to develop in a healthy manner in conditions of
freedom and dignity. The State is responsible for ensuring that childhood is
protected from exploitation and moral and material abandonment.
1.2 Declaring
its children as the nation’s “supremely important asset” in the National Policy
for Children, 1974, the Government of India reiterated its commitment to secure
the rights of its children by ratifying related international conventions and
treaties. These include the Declaration of the Rights of the Child, Universal
Declaration of Human Rights and its Covenants, the Convention on the Rights of
the Child and its two Optional Protocols, the United Nations Convention on the
Rights of Persons with Disabilities, the United Nations Convention against
Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish
Trafficking in Women and Children and the Hague Convention on Protection of
Children and Cooperation in respect of Inter-Country Adoption.
1.3 The
National Policy for Children, 1974 recognised that programmes for children
should find prominent place in national plans for the development of human
resources, so that children grow up to become robust citizens, physically fit,
mentally alert and morally healthy, endowed with the skills and motivations
provided by society. The Policy also laid emphasis on equal opportunities for
the development of all children during the period of growth.
1.4 The
National Charter for Children, 2003 adopted on 9th February 2004,
underlined the intent to secure for every child its inherent right to be a
child and enjoy a healthy and happy childhood, to address the root causes that
negate the healthy growth and development of children, and to awaken the
conscience of the community in the wider societal context to protect children
from all forms of abuse, while strengthening the family, society and the
Nation.
1.5 To affirm
the Government’s commitment to the rights based approach in addressing the continuing
and emerging challenges in the situation of children, the Government of India
hereby adopts this Resolution on the National Policy for Children, 2012.
2. Preamble
2.1.1
Recognising that:
-
a child is any person below the age of
eighteen years;
-
childhood is an integral part of life
with a value of its own;
-
every child has universal, inalienable
and indivisible human rights including the right to life, survival,
development, protection and participation;
-
the rights of children are interrelated
and interdependent, and each one of them is equally important and fundamental
to the well-being and dignity of the child;
-
a multi-dimensional, integrated and
inclusive approach is necessary for the overall and harmonious development and
protection of children, which acknowledges their heterogeneity and different
needs;
-
right to life, survival and development
goes beyond the physical existence of the child and also encompasses the right
to identity and nationality, and mental, emotional, cognitive, social and
cultural development of the child;
-
family or family environment is most
conducive for the all-round development of children and they are not to be
separated from their parents, except where such separation is necessary in
their best interest;
-
the best interest of the child is of
paramount concern in all decisions and actions affecting the child, whether
taken by legislative bodies, courts of law, administrative authorities, public,
private, social, religious or cultural institutions;
-
children, especially girls, are free to
express their views and their voices are heard and their opinions are respected
in all matters affecting them in any way they are able to communicate, in
particular judicial and administrative proceedings and interactions, in
accordance with their age, maturity and evolving capacities;
2.2 Reaffirming
that:
-
all children have equal rights
irrespective of place of birth, sex, religion, caste, class, language, and
disability, social, economic or any other status;
-
all children have the right to a loving
family, a dignified life free from exploitation and that families are to be
supported by a strong social safety net in caring for and nurturing their
children;
-
safety and security of all children is
integral to their well-being and children are to be protected from all forms of
harm, abuse, neglect, violence, maltreatment and exploitation;
the Government of India reiterates its
commitment to safeguard, inform, include, support and empower all children
within its territory and jurisdiction, both in their individual situation and
as a national asset. The State is committed to take pro-active measures for inclusion
of all children in accessing their rights, especially those marginalised or
disadvantaged; to ensure that all children have equal opportunities; and that
no custom, tradition, cultural or religious practice is allowed to violate or restrict
or prevent children from enjoying their rights.
2.3 This
Policy is to guide and inform all laws, policies, plans and programmes
affecting children. All actions and initiatives of the national, state and
local Government in all sectors must respect and uphold the principles and
provisions of this Policy.
3. Key Priorities
Survival, health,
nutrition, development, education, protection and participation are the
undeniable rights of every child and are the key priorities of this Policy.
Survival, Health and Nutrition
3.1 The right to life, survival, health and
nutrition is an inalienable right of every child and will receive the highest
priority.
3.2 The State stands committed to ensure
equitable access to holistic and essential health care, both preventive and
curative, of the highest standard, for all children before, during and after
birth, and throughout the period of their growth and development.
3.3 Every child has a right to be safeguarded
against hunger, deprivation and malnutrition. The State commits to securing
this right for all children through access, provision and promotion of required
services and supports for holistic nurturing, wellbeing with nutritive
attainment of all children, keeping in view their individual needs at different
stages of life in a life cycle approach.
3.4 The
State shall take all necessary measures to:
(i)
Improve maternal health care, including safe
delivery by skilled health personnel
(ii)
Provide universal access to information for
making informed choices related to birth and spacing of children
(iii)
Secure the right of the girl child to life,
survival and health
(iv)
Address key causes and determinants of child
mortality through interventions based on continuum of care with emphasis on
health education and nutrition
(v)
Encourage focused behaviour change
communication efforts to improve key new born and childcare practices at the
community level
(vi)
Provide universal and easy access to
management of neo-natal and childhood illnesses and protect children from all
water borne, vector borne, communicable and other childhood diseases
(vii)
Prevent discrimination faced by children with
disabilities and provide health services needed by them, including early
detection and interventions to minimize and prevent further disabilities and
provide special treatment through continued medical and social support services
(viii)
Ensure availability of essential services,
supports and provisions, including infant and young child feeding (IYCF)
practices, special focus on adolescent girls and other vulnerable groups, and
special measures for the health, care and nutrition, including nutrition
education, of expectant and nursing mothers
Education and Development
3.5 Every child has equal right to learning,
knowledge and education. The State recognises its responsibility to secure this
right for every child, with due regard for special needs, through access,
provision and promotion of required environment, information, infrastructure,
services and supports, towards the development of the child’s fullest
potential.
3.7 The State
shall take all necessary measures to:
(i) Provide
universal and equitable access to Early Childhood Care and Education (ECCE) for
optimal development and active learning capacity of all children below six
years of age
(ii) Promote
quality education up to the secondary level for all children
(iii)
Address discrimination of all forms in
schools and foster equal
opportunity irrespective of place of birth, sex, religion, and
disability, social, economic or any other status
(iv) Prioritise
education for disadvantaged groups by creating enabling environment through
necessary legislative measures, policy and provisions
(v) Provide safe learning environment
(vi) Create child friendly processes of
teaching and learning pedagogy that engage and delight children, with a special
focus on mental health, from a social and gender just, life skills and age
appropriate perspective
(vii)
Provide
access to ICT tools for equitable, inclusive and affordable education for all
children especially in remote, tribal and hard to reach areas
(viii)
Promote
safe
and enjoyable engagement of children’s experiences with new technology in
accordance with their age and level of maturity
(ix) Review,
develop and sustain age-specific initiatives, services and programmes for safe
spaces for play, sports, recreation, leisure, cultural and scientific
activities for children in neighbourhoods, schools and other institutions
(x) Enable children to develop
holistically, bringing out their aspirations, with focus on their strengths,
empowering them to take control of their lives, bodies and behaviours
(xi) Ensure
no child is subjected to any physical punishment or mental harassment. Promote
alternative methods of disciplining so as to provide children with a good
learning experience
(xii)
Foster and support inter sectoral networks
and linkages to provide vocational training options including comprehensively
addressing age-specific and gender-specific issues of children’ career choices
through career counselling and vocational guidance
(xiii)
Promote
all round good health, hygiene and sanitation practices through schools among
families and communities
(xiv)
Facilitate
concerted
efforts by local governments, non-governmental organisations/community
based organisations to map gaps in availability of educational services, especially
in backward, child labour intensive areas and areas of civil unrest, and efforts
for addressing them
(xv) Identify,
encourage and assist gifted children, particularly those belonging to the
disadvantaged groups, through special programmes
(xvi)
Provide and promote crèche and day care
facilities for children of working mothers, mothers belonging to poor families
or ailing mothers
(xvii)
Promote appropriate baby feeding facilities
in public places and at workplaces for working mothers in public, private and
unorganised sector
Protection
3.8 A safe,
secure and protective environment is a precondition for the realisation of all
other rights of children. Children have the right to be protected wherever they
are.
3.9 It is the
responsibility of the State to create a caring and protective environment for
all children, to reduce their vulnerability in all situations and protect them
from all forms of violence and abuse, neglect, stigma, discrimination,
deprivation, exploitation including economic exploitation and sexual exploitation,
abandonment, separation, abduction, sale or trafficking for any purpose or in
any form, pornography, substance abuse, or any other activity that takes undue
advantage of them, or harms their personhood and affects their
development.
3.10 To secure
the rights of children temporarily or permanently deprived of parental care,
the State shall endeavour to ensure family and community-based care
arrangements including sponsorship, kinship, foster care and adoption, with
institutionalisation as a measure of last resort, with due regard to the best
interest of the child and guaranteeing adequate standards of care.
3.11 The State commits
to taking special protection measures to secure the rights and entitlements of
children in difficult circumstances, characterised by their specific social,
economic and geo-political situations, including their need for rehabilitation
and reintegration, in particular but not limited to, children affected by
migration, displacement, communal or sectarian violence, civil unrest, disasters and calamities,
children of women in prostitution, children forced into prostitution, abused
and exploited children, children in conflict and contact with the law, children
in situations of labour, children of prisoners, children infected/affected by
HIV/AIDS, children with disabilities, children from any other socially excluded
group and children affected by armed conflict.
3.12 The State shall promote child friendly
jurisprudence, enact progressive legislation, build a child responsive
protection system, and promote effective enforcement of legislative and
administrative measures for comprehensively addressing issues related to child
protection.
Participation
3.14 The State has the primary responsibility to
ensure that children are made aware of their rights, and provided with
opportunities and support to develop skills, to form aspirations and express
their views, in accordance with their age, maturity and evolving capacities, so
as to enable them to be actively involved in their own development and in all
matters concerning and affecting them.
3.15 The State shall promote
and strengthen respect for the views of the child, especially those of the girl
child and of children from minority groups or marginalised communities, within
the family; community; schools and institutions; different levels of governance;
as well as in judicial and administrative proceedings that concern them.
3.16 The State shall engage all stakeholders in
developing mechanisms for children to share their grievances without fear;
monitor effective implementation of children’s participation through
monitorable indicators; develop different models of child participation; and
undertake research and documentation of best practices.
4. Advocacy and Partnerships
4.1 Children’s needs are both multi sectoral
and interconnected and require collective action and partnership among all
stakeholders such as individuals, families, local communities, non-governmental
organisations, civil society organisations, media and private business sector.
The State shall ensure the active involvement and participation of stakeholders
in securing the rights of the child.
4.2 This Policy is to be given wide publicity
and supported by focused advocacy measures to ensure that children’s best
interests and rights are accorded the highest priority in areas of policy,
planning, resource allocation, governance, monitoring and evaluation, and
children’s voices and views are heard in all matters and actions which impact
their lives.
4.3 All stakeholders are to promote the use
of rights-based and equity-focused strategies, platforms, programmes, media and
tools to generate awareness on child rights and the commitment to their
achievement.
4.4 The State shall ensure that service
delivery structures are participatory, responsive and child-sensitive, thereby
enhancing transparency and ensuring public accountability. Synergistic linkages
will be created with other progressive and successful experiments to learn from
best practices across regions.
5. Coordination, Action and Monitoring
5.1 Addressing the rights and needs of
children requires programming across different sectors and integrating their
impact on the child in a synergistic way. Rights based approach to survival,
development and protection calls for conscious, convergent and collateral
linkages among different sectors and settings.
5.2 Ensuring coordination among Central
Government Ministries/Departments, between Central and State Governments,
between different levels of governance and between Government and civil society
is crucial for effective implementation of this Policy. The Ministry of Women
and Child development (MWCD) will be the nodal Ministry for overseeing and
coordinating the implementation of this Policy.
5.3 A National Coordination and Action Group
(NCAG) for Children will monitor progress and ensure that the principles of
this Policy are respected in all sectors at all levels in formulating laws,
policies and programmes affecting children.
5.4 Plans of Action at the national and state
level will facilitate action on the provisions of this Policy. The NCAG will
monitor the progress of implementation under these Plans.
6. Research, Documentation and Capacity Building
6.1 The
implementation of this Policy will be supported by a comprehensive and reliable
knowledge base on all aspects of the status and condition of children. Establishing
such a knowledge base would be enabled through child focused research and
documentation, both quantitative as well as qualitative. A
continuous process of indicator-based child impact assessment and evaluation
will be carried out on the situation of children in the country.
6.2 Professional and
technical competence and capability in all aspects of programming, managing,
working and caring for children at all levels in all sectors will be ensured.
7. Resource Allocation
7.1 The State commits to allocate the required
financial, material and human resources, with transparency, and their efficient
and effective use, with accountability, to implement this Policy. Child budgeting will track allocation and
utilisation of resources and their impact on outcomes for children.
8. Review of Policy
8.1 A comprehensive review of this Policy
will be taken up once in five years in consultation with all stakeholders,
including children. The Ministry of Women and Child Development will lead the review
process.
