To
The Honourable Parliamentarians,
Loka Sabha/Rajya Sabha
India

Dear Sir/Madam,

Subject: Drawing your urgent attention to the lacunae in the proposed The National Children’s Commission Bill.

We have learnt that the Government of India proposes to place the National Children’s Commission Bill before the parliament during the forthcoming Monsoon Session.

A National Children’s Commission (NCC) could play an extremely significant role in assisting the children of our country to realise their rights enshrined in the Convention of the Rights of the Child (CRC) to which we are signatories. Hence we welcome it.

India became a signatory to the Convention on the Rights of the Child (CRC) in 1992. The National Commission is supposedly being set up within the framework and mandate of the Convention on the Rights of the Child.

This mandate is based on the United Nations Convention on the Rights of the Child 1989 (UNCRC), ratified by 191 countries.

In the context of the proposed commission the following articles are most pertinent:

Article 3
states that in all actions concerning children, the best interests of the child shall be a primary consideration.

Article 12
states that children have the right to be consulted on decisions which affect them.

Article 13
states that children have the right to freedom of expression and the right to seek, receive and impart information and ideas, regardless of frontiers through any medium of the child’s choice.

Article 15
states that children have the right to freedom of association and peaceful assembly.

Article 29
states that children have the right to an education that enables them to reach their fullest potential; develop a respect for human rights and fundamental freedoms, parents, cultural identity, language and values; prepares them for a life in a free society in the spirit of understanding, peace, tolerance and equality; and a respect for the natural environment.

The CRC views children not as recipients of services but as holders of rights. It upholds children’s right to self-determination and it recognises children’s right to form associations (get organised) and participate in all process where decisions regarding their lives are being made. This includes decision-making processes within their own homes and communities going right up to the level of National and International policy discourses.

However, the National Children’s Commission Bill, which should be an embodiment of the CRC, falls short of these principles.

We are deeply concerned about the lack of any meaningful consultative processes preceding the discussion of the Bill at the Parliament. In this connection we urge you to take note of the following lacunae in the proposed Bill.

Inputs from the Concerned for Working Children regarding the National Children’s Commission:

  • Children’s right to self-expression regarding matters concerning their lives: The Convention on the Rights of the Child (CRC) upholds children’s right to participation in all arenas where decisions regarding their lives are taken. It guarantees children the right to express their opinions in matters affecting them depending on their age and ability. The Government of India however has not held nation-wide consultations with children regarding the National Children’s Commission. A large number of Non Governmental Organisations too have little or no information regarding the NCC.

We urge the government to conduct systematic consultations with children of India regarding their views about a Children’s Commission. The GOI should ensure that the views and opinions of a cross-section of children (girls, working children, children with disabilities, children from tribal communities, children affected by HIV etc) are sought. During the consultations with children, the Government should note that several children’s own organisations, such as the Bhima Sangha and children councils exist in the country. Special efforts need to be made to consult the representatives of children’s own organisations as they are in a position to present the concerns of all their members.

We have attached a copy of the recommendations (Annexure 2) prepared by the National Movement of Working Children (NMWC) which was submitted to the President of India. We endorse all the recommendations made by the NMWC.

  • Children’s right to Participate in matters concerning their lives: We endorse the recommendations of the National Movement of Working Children which says that children should be a part of the Commission either as full members or as members of an Advisory Body that should be set up to guide the NCC regarding its policy and programme. The action plans of the NCC have to be designed in consultations with children.
  • The Structure of the Children’s Commission: The structure of the NCC should be a bottom up one - starting at the level of the Panchayat and moving up to the National Level. At all levels, there must be clear lines of accountability to the children and to their communities. This bottom up structure should also evolve ‘horizontal’ linkages, between the Panchayats, the districts and the States to ensure collaborations between local specific programmes and through this achieve a strong presence at the grassroots and have a strong impact on policy matters.
     
  • Children’s access to NCC: Unless children in distress are able to access the National Children’s Commission effortlessly, it will fail to fulfil its basic objective. The Commission should have extensive presence in areas where children are acutely deprived. The Children’s Commission should have in-built mechanisms such as toll free phone lines, presence of children’s friends (Makkala Mitras) in all Panchayats and towns, Makkala Sahaya Vani through which children can access the members of the NCC speedily. The communication systems of the NCC should also ensure confidentiality for children so that they may not become further victimized.
     
  • Linkages to existing child assistance services: In several parts of the country services have been set up to assist children in times of crisis. Children have benefited from such services. It will be to the advantage of the National Commission to make links with such services and to work in collaboration with them.
     
  • Learning from existing national models: There are several role models in this country where structures have been created to ensure that entire communities are supportive of children’s rights. For example the Makkala Panchayats of Karnataka are children’s councils formed and run by children. Through this children have access to political space within their communities due to which they have been able to not only fight against the exploitation of children but also create environments that are child rights friendly. The Commission has to examine such models, learn from them and to build strong links with them.
     
  • Learning from existing international models: Several countries in the world have set up systems such as the ombudsperson (Norway, Sweden) which offer insights we could benefit from. An area of special interest would be the autonomous status of those bodies and their impact on the national policies of their respective countries.
     
  • The criteria for membership of the NCC: We endorse the views expressed by the members of the National Movement of Working Children in their note which is as follows:

The Composition of the NCC

    • The Commission should have representatives of our own organisations. Children should be represented in the Commission – with organised representation of working children, school going children and disabled children
       
    • The adult members of the Commission should be aware of children’s rights. They should be people who are capable of understanding children’s situations. The members should be those who are full of love and affection for us. The members should be those who are capable of finding solutions to the problems we children face. The members should be those capable of paying attention to us and to hold discussions with us. They should be aware of children’s organisations. Most importantly they should respect children and be able to fill them with happiness
       
    • The members should be able to respect and support the decisions children take. They should be able to provide quick relief to children
       
    • The Commission should include representatives of the National Movement of Working Children. It should have representatives of Children’s Panchayats.
       
    • The Commission should include representatives of organisations that work with us. Its members should include our well-wishers.
       
    • It should have representatives of government officials, labour unions and people who have a legal background. It should also have doctors and counsellors.

In additions, we would like to add that the members of the NCC should not only be concerned with children but also have a record of having worked with children in a proactive manner.

We also request the Government to examine the position paper of the National Planning Commission on Adolescents and to ensure that the concerns and commitments expressed by the Government in that document are reflected in formation and functioning of the NCC.

Specific Comments:

In Section 3- Together with the other members already mentioned who are to constitute the commission please include

(i) "One Member with proven commitment, contribution and extensive experience in enabling the participation of Children in influencing policies and programmes concerning their lives".

(j) "Five members who are child representatives of organisations or movements of Children. Two children representing child workers, one child representing disabled Children, one child representing other marginalised children and one child representing school children. Of these at least two children must be girls. This group of children could also be set up as an advisory group or panel in which case, it could make provisions for more number of children."

In Section 4. In Appointment of Chairperson and other Members please include:

  • Representation of Children’s Organisation and Movements
  • Representative of NGOs working on Child Rights

In section 9.should be re-written as follows:

" Procedure to be regulated by the Commission:

(1) The Commission should meet at least once a month - with prior notice and agenda points - as a mandatory obligation, with any additional meetings in case of any emergencies.

In Section 13 that lists the various functions that the commission is expected to perform should include the following

(i) Commission should study and document existing good practices of child participation.

(ii) Recommendations should be made to the concerned governmental departments to integrate such practices into their procedures and functioning.

(iii) Sharing information with children themselves, NGOs and other civil society groups should be made mandatory

(iv) Receive regular reports and/or complaints from children’s organisations and movements.

In Section 15 – which describes the commissions powers of enquiry and investigation it should also read,

"in co-operation with NGOs and the civil society (at various levels)"

Section 14 - Powers relating to Enquiries: please include "All cases involving children should be cleared within a period of 3 months."

Chapter IV, pt 19 – Please include the following point in the Steps after Inquiry –

Make available the enquiry report to the Children’s Advisory Committee and to Children’s organisations and movements in the language of their choice.

Section 20– Which deals with the dissemination of information regarding the work done by the commission in our opinion would be more effective if the following was inserted:-

Publish annual reports and make them available to NGOs and Children’s organisations and movements in the language of their choice.

Section 21 – Which deals with the Constitution of the State Commission for Children please do include - "The Commission shall consist of…

(i)"One Member with proven commitment, contribution and extensive experience in enabling the participation of Children in influencing policies and programmes related to them".

(j)"Five members who are child representatives of organisations or movements of Children. Two Children representing child workers, one child representing disabled Children, one child representing other marginalised Children and one child representing school Children. Of these at least two Children must be girls. This group of Children could also be set up as an advisory group or panel. If so there could be more Children on it".

In Chapter V, pt 22 – In Appointment of Chairperson and other members of the state please include

  • Representatives of Children’s Organisation and Movements
  • Representative of NGOs working on Child Rights

Section 29 – which deals with alternative forums for resolving children’s issues include:

Special courts for Children to be set up at the Taluk level or they are to function as mobile courts so that children can have easy and direct access to such courts for settling their cases.

Section 30 – which provides for a special public prosecutor it is essential to incorporate the following:

The right of the Children to:-

Privacy,

To be heard,

To information,

To self-expression,

To protection.

In Chapter VII: The state should indicate the amount of funding which will be made available to the NCC. Adequate funds should be exclusively earmarked for the activities of this Commission. Of the funding, at least 75 to 80 per cent must be used for programme expenditure.

We wish to emphasise that the primary stakeholders of the NCC, children themselves need to be consulted in order to gain an understanding of their requirements. Several child led organisations are very active in the country. Their representatives and representatives of a wide cross-section of children of the country have to be consulted before any final decisions are taken regarding the purpose, structure and functioning of the NCC.

A large number of committed NGOs work closely with children. They have to be consulted by the Government in order to get a grassroots perspective regarding the requirements of children and the mechanisms by which the NCC can achieve its objectives.

All the departments of the GOI have to work in close collaboration in order to make a NCC effective. Consultations with representatives of all concerned departments also have to be carried out.

We sincerely request you to discuss all the matters raised in this note when the Bill is placed before you for your consideration. Kindly set in motion a sincere and meaningful consultative process with all the stakeholders. We will be very happy to extend our support to a consultative process that will lead us to a National Children’s Commission that will play a very important role in ensuring our children their rights.

Thanking you,

Kavita Ratna
Director - Communications

 

 

 

 
 

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