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A critique of the
recent order issued by the
Government of
Karnataka to
Conduct Special
Children’s Grama Sabhas about children’s rights
9th Novermber, 2006
The
Concerned for Working Children welcomes the announcement by the
Panchayat Raj Ministry, Government of Karnataka to hold yearly
‘Special children’s Grama Sabhas’ in all Panchayats in this state in
November as it sends out a message that children are acknowledged as
active members of their rural communities.
However, a careful reading of the order (See Annexure 2) indicates
that these special Grama Sabhas are being visualised merely as
annual events for awareness generation in Panchayats rather than as
a serious intervention that respects children as citizens and
holders of rights. Our critique draws from our two decade long
experience in facilitating children’s political participation from
local to international levels.
We,
the Concerned for Working Children have for the past 20 years,
enabled children to voice their concerns and find solutions. We
facilitated the very first children’s Grama Sabha in the country in
2002 (See detailed report published in the Deccan Herald as Annexure
3). Vinay Kumar Sorke, MP, local MLA’s, Zilla and Taluk Panchayat
Presidents, Government Officials and Gram Panchayat members actively
promoted and supported this initiative.
We
have, through the setting up of Makkala Panchayats (Children’s Local
Government) linked children to the Gram Panchayats through a
Children’s Rights Task Force. In selected Panchayats in three
districts of Karnataka this has enabled children to be actively
involved in the governance of their Panchayats.
As a
part of this process, children have been conducting their own
surveys, drawing up their own five-year plans and negotiating
solutions with the Gram Panchayats through the Gram Sabhas and
Children’s Rights Task Forces on a regular basis.
Deriving inspiration from this, in 2004 the Udupi District
administration invited the children of the 56 Panchayats in
Kundapura Taluk to participate in the formulation of the 10th
V year plans. As a result for the first time in the history of
Karnataka, (even
India)
children’s participation and as a consequence, adult participation
in the formulation of the Five Years plans became a reality.
These
plans were qualitatively and quantitatively superior as their
brought to fore front issues and problems that were completely
substantiated on the basis of data collected by children that they
cross-verified. The Panchayat found them irrefutable and were
compelled to take note of a large number of issues hitherto ignored.
Recognising the benefits and advantages of this process the children
of Kundapura Taluk have made a demand that Makkala Panchayats and
Makkala Grama Sabhas (Children’s Rights Task Forces) be set up in
every Panchayat in Karnataka. This demand has been accepted by the
Taluk and Zilla Panchayat and they together with the children of
this Taluk are in the process of setting up these Makkala
Panchayats.
Recognising this unique and valuable experience, the Nazir Sahib
Institute of Rural Development and the State Administrative Training
Institute have been using the expertise and experience of these
children and CWC functionaries as resource persons in their training
programmes for the past seven years.
In the
light of this experience we wish to make a few comments in order to
strengthen the State’s objective and give it more depth and meaning.
The
issues related to the recent order by the Government of Karnataka
are as follows:
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Urban children totally left out of the process:
The proposed Special Children’s Grama Sabhas will be conducted
only in Grama Sabhas (Rural Panchayats). This leaves out millions
of children who are in the urban areas of the State.
The possibility of holding Children’s Nagara
Sabhas should be actively explored together with Child Governed
Organisations, NGOs working with children and the City Corporations
and Municipalities.
-
The Special Children’s Grama Sabhas are visualised as a
one time yearly event and not as an integral part of the
activities of the Grama Panchayats: Unlike the adult Grama Sabhas that are intended to be
the foundation of democratic civil society participation – these
Children’s Grama Sabhas are presented only as a day long event
that brings together children and adults of the Panchayat to
provide awareness about children’s situation, rights, adult roles
and state programmes related to children.
The
Special Children’s Grama Sabhas should be held at least 4 times a
year – once every quarter, on predetermined dates. There should be
adequate preparation for these Grama Sabhas and all groups of
children should be enabled to have discussions among themselves,
consolidate the issues they wish to discuss and collect information
to support their demands.
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Structures for Children’s Participation in the Special Children’s
Grama Sabha are not referred to:
In order to ensure that the
participation of children in the special Children’s Grama Sabhas
is not adhoc and individualistic and that children have a platform
that brings them together, and where they are able to discuss
issues of their concern among themselves and prioritise them prior
to presenting them before the entire community; it is important
that children have Makkala Panchayats (as in Kundapura Taluk) in
all Panchayats. Further, it must also be noted that it is
extremely challenging for children to access new spaces among
adults to raise their issues. They find it easier to do so if they
are organised as groups that share common concerns.
Makkala Panchayats (as in Kundapura ) that provide children the
mandate, the platform and the collective understanding to make the
best use of the Special Children’s Grama Sabhas, need to be set up.
Children should also be encouraged to form child led groups.
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Children viewed as audience –
not active participants: Children’s right to participate
and to be heard (mention no), one of the most important rights
recognised by the Convention on the Rights of the Child, is not
referred to in this order. Children are visualised as a mere
audience and recipients of information among a host of other
adults. While a few issues are suggested as the basis of
discussions in these Children’s Grama Sabhas such as bonded
labour, school enrolment and protection of girls, there is no
reference to children as proactive agents of change where by they
present issues of their concern, report on violations of their
rights and make suggestions for improving the quality of their
lives.
The Special Children’s Grama Sabhas should be
structured and planned in such a way that child governed
organisations and all children are provided the space and means to
present issues of their concern, report on violations of their
rights and make suggestions for improving the quality of their
lives. The scope for negotiations between the children (supported by
their parents and community) and government departments should be
provided and a methodology should be specially designed and
integrated into this process.
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These Grama Sabhas are not linked to the planning
process and programme implementation of the Panchayats:
The current practice of children inputting into the planning
processes of the Gram Panchayats is not visualised. The Government
Order in its present form does not suggest that the members of the
Adult Panchayat should take on board and respond to issues that
children broach with appropriate action.
It should be made mandatory that the Gram Panchayats minute the
proceedings and note all issues raised by children in the Special
Children’s Grama Sabhas just as in the (Adult Grama Sabhas) and
that these issues are discussed and decisions are taken by the Gram
Panchayats and the appropriate Government Departments.
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No special spaces created for marginalised children and
children with special needs: Children are not a large homogenous group. Many
of them belong to extremely marginalised groups and are unlikely
to feel comfortable to articulate their needs or issues in mixed
groups.
For the Grama Sabha to serve all children equally, special spaces
and opportunities should be provided to underprivileged children and
children with special needs.
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The status of children from migrant communities not
referred to in connection with this order:
Many
rural areas now house communities that have migrated from other
districts and states. This order does not clearly state that
children from these communities should also be considered as
children of the Panchayats where they reside.
The Special Children’s Grama Sabhas should make extra efforts to
include children from migrant communities and pay special attention
to their concerns and needs.
-
No budget set aside for issues that children may raise:
Our experience shows that given the opportunity children will
raise issues that affect them related to education, health, access
to water and fuel, transport and recreation. The adequate
addressing of these issues requires funds even with community
participation.
The State needs to make provision for appropriate funds to meet the
requirements of addressing issues that children raise in the Special
Children’s Grama Sabhas.
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The scope of this Grama Sabha is limited to the
participation of representatives of the Department of Women and
Child Welfare, Education and Police:
Children’s issues cover a vast gamut of issues – that include
education, health, infrastructure, revenue etc.
In addition to those department listed above, the presence of all
the other concerned departments – as in the case of adult Grama
Sabhas should be present during the Grama Sabha for a comprehensive
response to children’s needs and Rights.
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No reference to capacity building for
adults who conduct and facilitate the Special Children’s Grama
Sabhas:
The members of the Gram Panchayats and government officials
concerned with enabling the Special Children’s Grama Sabhas need
inputs on children’s rights, enabling children’s participation and
addressing violation of children’s rights.
Appropriate arrangements need to be made to provide such capacity
building. The design of these modules may be drawn for the existing
practice and experience of the Kundapura Taluk.
-
The GO suggests that reports on these Special Children’s
Rights Gram Sabhas are provided to the Government by the Gram
Panchayats:
These Reports are only suggested and not mandatory. Further no
Action Taken Reports (ATRs) have been asked for.
This
further illustrates that these Children’s Grama Sabha are seen as
one-time annual events and not as space for children’s social and
political participation in local governance.
It is suggested that both reports of the proceedings and the action
taken be provided by the Gram Panchayats to the Government.
-
This GO requires the “Compulsory Participation” of
children within the jurisdiction of the Grama
Panchayat, parents, Anganwadi workers, supervisors of the
department of Women and Child Welfare, junior women health
workers, all school teachers, police officials, members of the
school development and monitoring committee, representatives of
the local NGOs:
This
contradicts the spirit of the Convention on the Rights of the
Child which this order claims to uphold. Children cannot be and
should not be compelled through compulsion to take part in these
Grama Sabhas and so also parents, NGOs and members of the
community.
The Children’s Rights Grama Sabhas should be
widely publicised and it should be ensured that information
regarding this reaches all children including out of school
children, migrant children and children with special needs. The
Children’s Grama Sabha itself should be made interesting, lively and
attractive, ensuring a non-judgemental and safe environment so that
children are motivated to attend and discuss their problems in a
frankly, freely and honestly.
In the
present form the GO, though a positive step in addressing children’s
issues at the level of the Gram Panchayats will only remain an empty
gesture and an act of tokenism when it comes to fulfilling
Children’s Right to Participation.
We
therefore urge the Government of Karnataka to take cognisance of the
above mentioned recommendations and act upon them at the earliest so
that the Special Children’s Rights Gram Sabhas become a permanent
and mandatory part of the functioning of all Panchayats in Karnataka
and children are enabled to effectively use this platform to realise
all their rights through their active participation and in
partnership with adults.
The
Concerned for Working Children is happy to offer its support,
expertise and assistance by providing training and consultancy and
any other assistance to enable the Government of Karnataka to
implement this programme and make children’s rights a reality in
this state.
Annexure 2: Literal
Translation of the GO Karnataka Order
Annexure 3: “Partners
in progress” an Article about the First ever children’s Grama Sabha
in India held in 2002 and facilitated by the Concerned for Working
Children
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