INDIA
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Union States
Human Rights Issues
Source:
Report documenting the use of child soldiers in 14 different countries [ID 6719]
10.10.2007 - Source: BBC News
According to a study released by Save the Children, millions of Indian children are still employed illegally one year after a law banning under 14-years old from work ("Indian children work despite ban") [ID 21350]
Document(s):
Open document
28.06.2007 - Source: Child Rights Information Network
Report on corporate social responsibility and child rights in India, Bangladesh and Nepal ("Corporate Social Responsibility and Children’s Rights in South Asia"), Autor: Save the Children Sweden [ID 20871]
Document(s):
Open document
12.06.2007 - Source: US Department of State
Trafficking in Persons Report 2007 ("Trafficking in Persons Report 2007") [ID 20908]
Document(s):
Country Narratives: H through P
Full Report
12.06.2007 - Source: Child Rights Information Network
Report on the impact of interventions by the multinational companies Bayer and Monsanto on the elimination of child labour on farms producing hybrid cotton seed ("Child labour: Seeds of change"), Autor: India Committee of the Netherlands [ID 20911]
Document(s):
Open document
06.03.2007 - Source: US Department of State
"Two-Child Laws" ("Country Report on Human Rights Practices 2006") [ID 19232]
"Seven states (Andhra Pradesh, Rajasthan, Orissa, Himachal Pradesh, and Maharashtra) enacted two-child laws for village council members with very low levels of enforcement. The laws provide government jobs and subsidies to those who have no more than two children and sanctions against those who do. National health officials in New Delhi noted that the central government was unable to regulate state decisions on population issues."
Document(s):
Open document
06.03.2007 - Source: US Department of State
Education for children ("Country Report on Human Rights Practices 2006") [ID 20038]
"The constitution provides for free, compulsory education for children between the ages of six and 14 years of age. However, the government did not enforce this provision. In practice, children in poor and rural areas often did not attend school. UNICEF and the National Institute of Educational Planning Administration (NIEPA) reported that approximately 60 percent of the 203 million children between the ages of six and 14 were in schools, and net attendance in the primary level was 66 percent of enrollment. As per NIEPA 2005-06 District Information System for Education (DISE) data, 168 to 172 million children were in school. Data for the overall gender parity enrollment indicates the country made impressive gains in reducing the male-female gap in the gross primary enrollment rate in the last 50 years. The gender gap in gross enrollment rate narrowed between 1950 and 2004, as the gross enrollment rate for girls rose from 25 percent to 87 percent, while it rose from 65 percent to 105 percent for boys. In addition, through the National Program for Education of Girls at Elementary Level (NPEGEL) and the Kasturba Gandhi Balika Vidyalaya (KGBV) the government launched programs to reach out to girls from marginalized social groups where the female rural literacy rate was below the national average and the gender gap in literacy was above the national average. While boys outnumbered girls, according to the Ministry of Human Resource Development, the enrollment of girls increased by 9 percent at the primary level (from 87 percent in 2002 to 96 percent by 2004). At the middle school level, there was an increase in enrollment from 52 percent in 2002 to approximately 58 percent by 2004. The government's Mahila Samakhya program complemented these new initiatives. Government schools were underfunded and understaffed. Schools that received large amounts of money under Sarva Shiksha Abighyan (SSA), a centrally sponsored scheme for universal elementary education, were often stymied by state governments that did not have the capacity to use these funds. For example, in August 2005 it was reported by media that a government school in Sara Village, Bihar, had only two teachers for 180 students. The national pupil to teacher ratio at the elementary level was one teacher for every 36 students, with the average for Bihar being the poorest at one teacher for every 65 students. Human rights groups asserted that teachers in government schools often did not show up for work or left their jobs early in the day. Government teachers often were not paid on time or in full, were not given adequate training and worked under very poor conditions. Corruption and misappropriation of educational funds was commonplace. However, government efforts intensified in recent years following the launch of several programs, including the District Primary Education Program in 1992, the Minimum Levels of Learning (MLL) initiative and, more recently, the Sarva Shiksha Abhivan (or the National Program for Universal Elementary Education). Under SSA, the government committed to providing financial allocations to the states per the approved district plans prepared after a thorough base line survey identified approximately 194 million out-of-school children between 6-13 years of age. SSA covers all government schools in the country. Under SSA, 40 percent of a total of 34 million as identified beneficiaries in the six to 14 age group remained out of school. The number of out-of-school children has come down from 25 million in 2003 to less than 10 million in 2006. In July a report entitled "Elementary Education in India" revealed that the schools covered under development fund schemes had increased in 2004, but the utilization of available funds fell to 88.5 percent, primarily in rural areas. In January a report commissioned by the Human Resource Development Ministry showed that lower caste and Muslim student attendance rates were much lower than those of children of high caste families. The report noted that nationwide 7 percent of children were out of school, although, the attendance rates were much higher or lower in certain locations and among certain caste and religious groups. For example, the report stated that in Delhi, 26 percent of scheduled caste children and 28 percent of Muslims in Bihar were not in school. The report noted also that the dropout rate for girls decreased from 45 percent to 34 percent between 2003 and 2005. The dropout rate for boys also decreased from 37 percent to 30 percent. "
Document(s):
Open document
06.03.2007 - Source: US Department of State
Violence against children and child abuse ("Country Report on Human Rights Practices 2006") [ID 20040]
"The law prohibits child abuse; however, there were societal patterns of abuse of children, and the government did not release comprehensive statistics. Abuse of children in both public and private educational institutions was a problem. Although banned, schoolteachers often used corporal punishment on their students. The government was responsive to some incidents of violence against children. In September 2005 the juvenile justice court ruled that any failure by school management or teachers to protect students from sexual abuse or provide them with a safe school environment is punishable with a prison term of up to six months. In August the Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, which is the primary law for not only the care and protection of children but also for the adjudication and disposition of matters relating to children in conflict with law. Children were subjected to abuse during certain religious ceremonies. In April 2005 in the Virudhnagar district of Tamil Nadu, police arrested 80 persons for participating in a ritual during which infants were buried alive to appease a goddess. As a result of the arrest, Tamil Nadu enacted a law to stop this offense, but the practice continued. There was a toll-free telephone helpline for children in distress available in 72 cities. The "Childline" number was available around the clock and could be accessed by either a child or an adult. On receiving a call, immediate assistance, including medical, shelter, restoration, rescue, sponsorship, and counseling, was provided to the child. This initiative was organized by the Childline India Foundation (CIF), an organization that brought together the government, UNICEF, NGOs, academic institutions, corporate sector and concerned individuals. The sexual abuse of children was seldom mentioned due to societal denial and discomfort. The NGO TULIR (The Center for the Prevention and Healing of Child Sexual Abuse) released a study in March that included interviews from over 2,200 children up to age 18 in public and private schools in Chennai. According to the study, 42 percent of these children had experienced sexual abuse. "
Document(s):
Open document
06.03.2007 - Source: US Department of State
Child marriage ("Country Report on Human Rights Practices 2006") [ID 20041]
"The law prohibits child marriage, a traditional practice that occurred throughout the country, and sets the legal marriage age for girls at 18 and boys at 21. In March the Supreme Court upheld the legality of marriages of 15- and 16-year-old girls as long as they appear before a judge to state they married of their own free will. On December 19, the government passed a bill strengthening the 2004 Prevention of Child Marriage Bill and declaring existing child marriages null and void. In addition, the new bill requires guardians of minor boys to pay "maintenance" to minor girls until they can legally marry; it penalizes priests who perform child marriage rituals with fines or jail time, and assigns child marriage prevention officers to rural districts to prevent such marriages. According to the Health Ministry's Country Report on Population and Development, published in 2005, half of all women were married by the age of 15. The NFHS reported that 45 percent of women (18-24) and 32 percent of men (18-29) marry before the legal age of 18 years and 21 years, respectively. In August the International Center for Research on Women (ICRW) reported that 57 percent of girls marry before turning 18. However, according to several media sources, 65 percent of girls were married before the age of 18. According to the 2005 report of Office of the Registrar General of India, 240 girls die every day due to pregnancy-related complications in early child marriages. According to the 2001 census, nearly 300,000 girls under 15 years had given birth to at least one child. ICRW concluded that those married under the age of 18 were twice as likely to be beaten, slapped, or threatened by their husbands compared with women married later; they were also three times more likely to report instances of marital rape. It reported that child brides often showed signs symptomatic of child sexual abuse and post-traumatic stress. Child marriages also limited girls' access to education and increased their health risks, since they had higher mortality rates and exposure to HIV/AIDs than girls married after 18. In May the press reported that at least 30 children in Rajasthan and 50 in Madhya Pradesh were married during the Askhay Tritiya festival and that many more child marriages likely went unreported. Although state governments conducted awareness campaigns during the year, enforcement was weak, and the practice was accepted in certain communities. In April 2005 the NCW launched the Bal Vivah Virodh Abhiyan (Child Marriage Protest Program), a nationwide awareness program against child marriages with particular focus on the states of Bihar, Rajasthan, Chhattisgarh, Madhya Pradesh, Jharkhand, and Uttar Pradesh. In April 2005 the government reported that it prevented 200 child marriages in the Rajnandgaon district of Chhattisgarh, a district known for mass child marriages in April and May each year. A local NGO, MV Foundation, claimed to have prevented 2,321 child marriages in the state of Andhra Pradesh since 2000. Child marriage was the norm among certain scheduled castes and tribal communities in the Krishnagiri district of Tamil Nadu. Brides were typically between the ages of 8 and 12 years of age, while the groom was generally much older. In August, a 75-year- old man married a 17-year-old girl in Purnea district, Bihar. "
Document(s):
Open document
06.03.2007 - Source: US Department of State
Trafficking in children and women ("Country Report on Human Rights Practices 2006") [ID 20045]
"Trafficking of children into domestic servitude and sweatshops remained a problem. States in the northeast region (Assam, Meghalaya, Nagaland, Manipur, Mizoram, Tripura, Arunachal Pradesh, Sikkim), and Bihar served as main sources points for domestic servants in Kolkata, Delhi, Hyderabad, Mumbai, and to a certain extent to Bangalore. The increasing number of domestic servant recruitment agents suggested that large trafficking networks operated in the region. In many cases women and girls were first brought by the agents through local transportation to Siliguri; then they traveled to different destinations with the traffickers. Often traffickers used truck drivers to carry women and girls from the northeast through National Highway 31, which connected the region to the central part of the country. A survey by INTUC, the trade union wing of the Congress Party, noted that the trends in trafficking can be determined by monitoring the reports of "missing girls" filed by parents in the northeast states. The report stated that 40 percent of the police officials interviewed were unaware of the growing trade in women and children. The media reported that nearly every third house in the poorest districts of Jharkhand had a child who left home in search of food and work and may have been a potential victim of trafficking. Traffickers usually targeted minors and Dalit women. A study prepared by Bhoomika Vihar, an NGO from Bihar, said that out of the 173 identified cases of women who had become victims of the sex trade, 85 percent were minors, and half were Dalits. The report claimed that trafficking, although not often reported, occurred almost everywhere. Pangsa and Dimapur in Nagaland and Moreh in Manipur were the major trans-border transit and demand centers. Women and children from Assam and Bangladesh were trafficked to Moreh and were moved from there to Burma and other Southeast Asian countries. The conflicts in the north-eastern states made women and children highly vulnerable. Global Organization for Life Development (GOLD), an NGO working in Assam to combat trafficking and HIV/AIDS, said that there was usually an upsurge in trafficking of girls during natural disasters. "
Document(s):
Open document
06.03.2007 - Source: US Department of State
Children with Disabilities ("Country Report on Human Rights Practices 2006") [ID 20262]
"The Human Resource Development Ministry reported in January that children with mental disabilities had the lowest rate of school attendance out of any group at 53 percent, followed by the speech disabled at 57.5 percent and the hearing disabled at 68 percent.Sarva Shiksha Abhyan (Education for All), another government initiative that focused on educating children with disabilities in integrated settings, identified approximately 1.6 million children with disabilities in 2004. According to the Ministry of Social Justice and Empowerment Country Report, 755,408 children with disabilities enrolled in schools, suggesting an enrollment rate of approximately 46 percent. The percentage of children with disabilities between the ages of five and 18 enrolled in schools was higher in rural areas (47 percent) than in urban areas (44 percent). According to the Central Coordination Committee established under the PDA, approximately 100,000 children with special needs attended approximately 2,500 schools that provided integrated and inclusive education or non-formal education."
Document(s):
Open document
06.03.2007 - Source: US Department of State
Prohibition of Child Labor Practices and Minimum Age for Employment ("Country Report on Human Rights Practices 2006") [ID 20456]
"[...]There were few prosecutions and convictions under the 1986 Child Labor Act because of poor implementation due to administrative lapses and voids due to the definition of child labor. A child assisting his/her family is exempt from the provisions of the act, and employers in the cottage industries often exploited this void to claim that the children were assisting the family. [...]
In April UNICEF reported that an estimated 14 percent of children between the ages of five and 14 were engaged in labor. According to the 2001 census figures, released in August 2005, out of 226 million children aged 5-14, 65.3 million (29 percent) had not attended any educational institutes. The census documented that children worked in the informal sector, often in private homes, with the highest rate (15 percent) in Uttar Pradesh. Unofficial sources claimed that between 25 and 30 million children worked, mainly in the domestic and agricultural sectors. [...]
A ruling, effective October 10, prohibits labor in domestic work and the hospitality industry for children under the age of 14, although child labor in some other non-hazardous industries is legally permissible. In September the Delhi High Court ordered the central and state governments to develop a plan to eradicate child labor in the capital area.
In Maharashtra, raids on sweatshops to free child laborers continued. According to the Maharashtra Task Force to eliminate child labor from Mumbai, from May 2005 to October, 36 slum habitations were made child labor free. Spurred by government raids, many employers voluntarily repatriated several thousand child laborers from zari factories (embroidering or sewing beads and colored threads to fabric), leather workshops, and restaurants.
In June the government of Bihar announced a ban on employment of children below the age of 14 in shops and other establishments by amending the Bihar Shops and Establishments Act. The Bihar government prosecuted 1,493 employers of child labor and rehabilitated 438 bonded laborers through central government sponsored schemes since 2001.
In August the government of Punjab announced a complete ban on child labor to take effect on October 10. An action plan and directions were sent to all district offices and departments in the state to ensure strict compliance.
Despite a ban, child labor continued in Karnataka. Varying sources estimated the number of child workers to be as high as 150,000. The Ministry of Labor continued efforts to eradicate the practice through regular police raids and work with public schools towards integrating rescued children into the mainstream. On January 6, labor inspectors in Mysore rescued 12 child workers from garages and roadside eateries. Charges were filed against employers and rescued children were handed over to district child welfare committees for rehabilitation.
The Tamil Nadu Labor Department stated the number of child laborers in that state declined from 69,000 in 2003 to an estimated 25,589 in 2005. NGOs said that the government's figures excluded children employed for domestic help, in restaurants, and at roadside eateries.
According to the Andhra Pradesh Department of School Education, there were 423,714 child laborers in 2005. This number included children between the ages of five and 14 not enrolled in schools.
In July the NHRC reported increased employment of children in home establishments in both hazardous and non-hazardous occupations in the state of Uttar Pradesh. NHRC Special Rapporteur Chaman Lal stated that employment of children in brick kilns, stone quarries, and carpet-weaving industries was on the rise. The NHRC expressed displeasure over the failure of the government to punish offenders. [...]
According to representatives of Vikasa, a community-based organization in the Magadi silk spinning industry, the number of child workers dropped from 3,000 in 2003 to 1,750 in January 2005. They attributed the drop to competition from silk yarn imported from China and concerted action by the state government against employers of child labor. [...]
Media began to take a role in raising awareness about child labor. A New Delhi Television broadcast in June 2005 reported the extensive prevalence of bonded child labor in illegal iron ore mines located in the northern districts of Karnataka. Child workers interviewed by the news channel alleged they were made to break stones for 10 hours per day to pay off debts contracted by their parents. The Karnataka government had promised action following the report; however, civil rights groups alleged little changed since the report was broadcast.
The continuing prevalence of child labor was attributed to social acceptance of the practice, ineffective state and federal government enforcement of existing laws, and economic hardships faced by families. [...]"
Document(s):
Open document
07.01.2007 - Source: Guardian
As Indian police link child murders to a black market in human organs, the faces of some of the disappeared are revealed ("Delhi families' rage over serial killings") [ID 18769]
Document(s):
Open document
02.01.2007 - Source: BBC News
Police investigate whether the deaths of at least 17 people are linked to the body parts trade ("'Body trade' link to child deaths") [ID 18758]
Document(s):
Open document
31.12.2006 - Source: BBC News
5 senior police officers suspended after skulls of children were discovered ("Police probed in India child case") [ID 18755]
Document(s):
Open document
20.12.2006 - Source: Child Rights Information Network
Report on the wellbeing and rights of children under the age of six years (child rights and democracy, the state of India's children, realities, around the Anganwadi, Tamil Nadu and beyond) ("Focus on children under six"), Autor: Right to Food Campaign [ID 18612]
Document(s):
Open document
20.12.2006 - Source: Child Rights Information Network
Focus on children under six ("Focus on children under six"), Autor: Right to Food Campaign [ID 19104]
Report on the wellbeing and rights of children under the age of six years (child rights and democracy, the state of India's children, realities, around the Anganwadi, Tamil Nadu and beyond)
Document(s):
Open document
13.12.2006 - Source: Asian Centre for Human Rights
Violations of the rights of the child ("SAARC Human Rights Report 2006") [ID 18425]
Child trafficking, children in armed conflicts, orphaned children, girl child: target of sexual abuse, juvenile justice, torture of children
"The situation of children remained vulnerable with the lack of effective programmes for the child labourers, recruitment as child soldiers, sexual violence against girl child and deplorable conditions of the juveniles in conflict with the law."
Document(s):
Open document
03.08.2006 - Source: Guardian
Government is to ban the employment of children under 14 in hotels, restaurants and teashops and as domestic servants; according to government figures there are nearly 13 million child workers in the country ("Ban on child labour in food and hotel industries") [ID 17327]
Document(s):
Open document
20.06.2006 - Source: BBC News
Politicians held in sex scandal ("Politicians held in sex scandal") [ID 15503]
Document(s):
Open document
03.04.2006 - Source: BBC News
Former policeman sentenced to 12 years imprisonment for raping teenager in Bombay ("Ex-officer jailed for Mumbai rape") [#48124], [ID 6690]
Document(s):
Open document
28.03.2006 - Source: UK Home Office
Report on general, political and human rights situation (Sikhs, Christians, Muslims and Hindus; land disputes, members of Akali Dal, domestic violence, prison conditions) ("Operation Guidance Note: India") [#48239], [ID 6689]
"[...]
4.3 Minors claiming in their own right
4.3.1 Minors claiming in their own right who have not been granted asylum or HP can only be returned where they have family to return to or there are adequate reception, care and support arrangements. At the moment we do not have sufficient information to be satisfied that there are adequate reception, care and support arrangements in place.
4.3.2 Minors claiming in their own right without a family to return to, or where there are no adequate reception, care and support arrangements, should if they do not qualify for leave on any more favourable grounds be granted Discretionary Leave for a period of three years or until their 18th birthday, whichever is the shorter period.[...]"
Document(s):
Open document
22.11.2005 - Source: BBC News
Delhi: Nearly 500 children aged between 5 and 14 years rescued from working illegally ("Child workers refuse to quit jobs") [#39577], [ID 6691]
Document(s):
Open document
09.2005 - Source: Human Rights Watch
Report on impact of school fees and related education costs, global HIV/AIDS epidemic, child exploitation, violence, discrimination and lack of access on child's right to education ("Failing Our Children. Barriers to the Right to Education") [#36521], [ID 6692]
Document(s):
Open document
08.2005 - Source: Freedom House
Annual survey of political rights and civil liberties 2004 ("Freedom in the World 2005") [#41316], [ID 6693]
"[...]Workers regularly exercise their rights to bargain collectively and strike. The Essential Services Maintenance Act enables the government to ban strikes in certain key industries and limits the right of public servants to strike. It is estimated that there are roughly 55 million child laborers in India. Many work in the informal sector in hazardous conditions, and several million are bonded laborers.[...]"
Document(s):
Open document
26.07.2005 - Source: Amnesty International
Jammu, Kashmir: 3 teenaged boys killed and 1 injured when troops opened fire on them; 3 children injured when they played with explosive device left behind after troops ended operation ("Children unprotected in Jammu and Kashmir") [#34507], [ID 6694]
Document(s):
Open document
25.07.2005 - Source: Refugees International
As result of 9 year Maoist conflict in Nepal, greater numbers of Nepalis are going to India where they face protection concerns; they are often denied their basic legal rights and are vulnerable to labor rights violations and various forms of exploitation ("India: Nepali migrants in need of protection") [#35620], [ID 6695]
Document(s):
Open document
01.06.2005 - Source: BBC News
Mumbai (Bombay): Nearly 450 child labourers freed in series of police raids; 42 people arrested on suspicion of recruiting the children, who appeared malnourished ("'Child labourers' freed in Mumbai") [#32554], [ID 6696]
Document(s):
Open document
05.2005 - Source: Human Rights Watch
Report on reconstruction following 2004 tsunami (impact of and response to tsunami, addressing needs of vulnerable populations, neglected communities, caste-based discrimination, barriers to re-establishing livelihoods, inadequate shelter and protection from forced relocation) ("After the Deluge: India’s Reconstruction Following the 2004 Tsunami") [#49014], [ID 6697]
"[...]Over a million children were affected by the tsunami. According to UNICEF, nearly a third of the estimated 280,000 dead were children, who could not save themselves when the waves struck. Thousands of children were killed in India, and tens of thousands lost relatives. Children are especially vulnerable in disasters because they can easily become victims of illness, malnutrition, trafficking or sexual violence. Activists complained that during immediate relief and rescue operations, there was a lack of sensitivity to the needs of children, particularly the need for special food, nutrition, or psychological care. These were later addressed by some humanitarian agencies and voluntary organizations. [...]"
Document(s):
Open document
08.03.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
Report of the Special Rapporteur on child prostitution, including specific cases ("Report of Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography - Communications sent to Governments and replies received E/CN.4/2005/78/Add.3") [#30208], [ID 6698]
Document(s):
Open document
09.02.2005 - Source: BBC News
Bihar: main suspect in connection with the recent kidnapping of a schoolboy, killed by police in Patna; 3 alleged members of a local criminal gang blamed for boy's abduction were arrested earlier ("Police kill Bihar kidnap suspect") [#28884], [ID 6699]
Document(s):
Open document
13.01.2005 - Source: Human Rights Watch
Annual report on human rights situation in 2004 ("World report 2005") [#28211], [ID 6700]
"[...]Rights of Children
India has the largest number of working children in the world, millions of whom work in the worst forms of child labor, including bonded labor. The Indian government knows about these children and is required by its own laws to protect them. Instead, for reasons of apathy, caste bias, and corruption, many government officials deny that they exist at all.
Both literacy and school enrollment rates overall have improved in the last decade, but according to UNESCO, approximately half of students completed grade five. Proportionately fewer girls than boys attend school, and those that do, drop out at higher rates. Dalits also have higher illiteracy and drop-out rates and face significant discrimination in education. [...]
At least hundreds of thousands of children are living with HIV/AIDS. Many more are otherwise seriously affected by India’s burgeoning epidemic—when they are forced to withdraw from school to care for sick parents, are forced to work to replace their parents’ income, or are orphaned (losing one or both parents to AIDS). Children affected by HIV/AIDS are being discriminated against in education and health services, denied care by orphanages, and pushed onto the streets and into the worst forms of child labor. Gender discrimination makes girls more vulnerable to HIV transmission and makes it more difficult for them to get care. Many children, especially the most vulnerable as well as the professionals who care for them, are not getting the information about HIV they need to protect themselves or to combat discrimination. [...]"
Document(s):
Open document
08.11.2004 - Source: Human Rights Watch
Issues of particular concern, highlighted (discrimination against marginalized groups, impunity of security forces, misuse of counter-terrorism laws, failure to protect the rights of children) ("EU: Engage India on Human Rights") [#26851], [ID 6701]
Document(s):
Open document
10.2004 - Source: UK Home Office
Children ("Country Report - October 2004") [#28325], [ID 6702]
"[...]6.319 According to a UN report dated June 1996, a National Policy for Children has been designed by the Government for the welfare of children and is implemented by the Ministry of Welfare. The Juvenile Justice Act lays down a scheme for the care and protection of neglected and delinquent children. India has ratified the Convention on the Rights of the Child. [6a](p37)
[...]
6.325 According to a Human Rights Watch (HRW) press release dated 23 January 2003, Human Rights Watch first investigated bonded child labour in India in 1996. Since then, the Supreme Court made rehabilitation of child workers a legal requirement, and India’s National Human Rights Commission has successfully pressured some local governments to act. However, HRW considered that the Indian government was failing to protect the rights of hundreds of thousands of children and that there was evidence that the Government was starting to backtrack on earlier commitments. [26b]
[...]
6.332 According to the USSD 2003, the Child Marriage Restraint (Amendment) Act prohibits child marriage, a traditional practice in the northern part of the country. The Government does not effectively enforce the minimum age of 18 at which girls may marry. [2c](p28) [...]
Child Care Arrangements
6.333 According to their website the Ministry of Social Justice provides assistance to State Governments for the establishment and maintenance of a range of children's homes. There are at present 280 "observation homes", 251 "juvenile homes", 36 "special homes" and 46 "after care institutions" in the country. [14](p4)
6.334 The majority of orphanages throughout India appear to be supported by charities and religious organisations making it difficult to determine the exact numbers. Orphanage.org, accessed 15 December 2004, lists 62 orphanges throughout India. [89] (p.3-4) However, the site is not a fair representation of the number of orphanages throughout India because it only lists orphanages with a direct link to a web site. The Hindu published a report on 7 March 2004 regarding the regulation of orphanages in Tamil Nadu. The report noted that, “More than a year after the State Government made it mandatory for all institutions for the reception, care, protection and welfare of destitute women and children to be registered under the Orphanages and Charitable Homes Act, 1960, only 566 of them have been recognised.” [60c]"
Document(s):
Open document
29.07.2004 - Source: Human Rights Watch
Report focused on abuses and discrimination of children affected by HIV/AIDS in health care and society ("Future forsaken: Abuses Against Children Affected by HIV/AIDS in India") [#24353], [ID 6703]
Document(s):
Open document
28.05.2004 - Source: BBC News
A group of 29 children from southern Nepal were rescued from working in an Indian circus, where they have been abused ("Escape from the circus") [#22988], [ID 6704]
Document(s):
Open document
04.2004 - Source: UK Home Office
Child labour ("Country Report - April 2004") [#22427], [ID 6705]
"6.159 As cited in the US Department of State report 2003, “The Constitution prohibits forced or bonded labour, including by children; however, such practices are widespread. The Bonded Labour System (Abolition) Act prohibits all bonded labour, by adults and children. Offenders may be sentenced to up to 3 years in prison, but prosecutions were rare. Enforcement of this statute, which is the responsibility of State and local governments, varied from state to state and generally was not effective, due to inadequate resources and to societal acceptance of bonded or forced labour.” The working conditions of some children in the workplace amounted to bonded labour. Children sent from their homes to work because their parents cannot afford to feed them, or in order to pay off a debt incurred by a parent or relative, had no choice. It is estimated that in the carpet industry alone there may be as many as 300,000 children working, many under conditions that amount to bonded labour. Officials claimed that they were unable to stop this practice because the children were working with their parents’ consent. [2c](p33-35)
6.160 The US Department of State report 2003 states that “There is no overall minimum age for child labor. However, work by children under 14 years of age was barred completely in “hazardous industries,” There were 13 occupations and 57 processes in which children were prohibited from working under the Act. In occupations and processes in which child labor is permitted, work by children is permissible only for 6 hours between 8 a.m. and 7 p.m., with 1 day’s rest weekly.” [2c](p34)"
Document(s):
Open document
25.02.2004 - Source: US Department of State
USDOS: Children in sex trade ("Country Reports on Human Rights Practices - 2003") [#19765], [ID 6706]
"[...]Prostitution was common. According to UNICEF, the country contained half of the one million children worldwide who enter the sex trade each year. Many indigenous tribal women were forced into sexual exploitation (see Section 6.c.). In recent years, prostitutes began to demand legal rights, licenses, and reemployment training, especially in Mumbai, New Delhi, and Calcutta. In 2002, the Government signed the South Asian Association for Regional Cooperation (SAARC) Convention on Prevention and Combating Trafficking in Women and Children for Prostitution. The country is a significant source, transit point, and destination for many thousands of trafficked women (see Section 6.f.). [...]"
Document(s):
Open document
25.02.2004 - Source: US Department of State
Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765], [ID 6707]
"Children
The Government has not demonstrated a commitment to children's rights and welfare. The Government does not provide compulsory, free, and universal primary education, and only approximately 59 percent of children between the ages of 5 and 14 attend school. However, in 2002, the lower house of Parliament passed a constitutional amendment giving all children ages 6 to 14 the right to free and compulsory education provided by the State. The amended law also placed an obligation on parents and guardians to provide educational opportunities to these children. Of a primary school-age population of approximately 203 million, approximately 120 million children attended school. However, according to UNICEF, 76.2 percent of all children aged 11 to 13 years were attending school. No significant sectors or groups actively were excluded from education, but children of wealthier families were more likely to attend school. A significant gender gap existed in school attendance, particularly at the secondary level.
Child welfare organizations estimated that there were 500,000 street children nationwide living in abject poverty. A coalition of approximately 50 NGOs conducted a detailed survey in the Calcutta municipal area and identified 145,000 children who were not attending school, although not all of them were street children.
Medical care is free to all citizens; however, availability and quality were problems, particularly in rural areas.
Child abuse is prohibited specifically by law. There were societal patterns of abuse of children; however, the Government has not released comprehensive statistics regarding child abuse.
Abuse of children in both public and private educational institutions was a problem. Schoolteachers often beat children. In June, police arrested the mathematics teacher who allegedly beat a student in Velammal Matriculation Higher Secondary School in Kannappan. In December, a student in Madhyra Pradesh was allegedly blinded by a teacher for not doing his homework. There were no developments in the investigation of the August 2001 death of three children after the Assam government asked them to participate in a march.
The Child Marriage Restraint (Amendment) Act prohibits child marriage, a traditional practice in the northern part of the country. The Act raised the age requirement for marriage for girls to 18 from 15 years, but the Government did not enforce the Act. According to one report, 50 percent of girls in Bihar, Rajasthan, Uttar Pradesh, and Madhya Pradesh were married by age 16. However, the National Crime Record Bureau (NCRB) statistics showed a slight decrease in the number of child marriages during 2001. Each year in April, during the Hindu festival of Askhay Tritiya, thousands of child marriages were performed in Madhya Pradesh, Chhattisgarh, and Rajasthan. Although state governments conducted awareness campaigns during the year, enforcement was weak, and the practice was accepted in certain communities.
Runaway children, especially in larger cities, were at high risk for sexually transmitted diseases and HIV. They often worked 18-to 20-hour days, frequently in hazardous conditions (see Section 6.c.), and suffered sexual and mental abuse. Discrimination against children with HIV/AIDS was a problem. For example, in March, two children with HIV/AIDS were refused entry into a state school in Kerala. The children eventually were allowed to enter another state-run school in Kollam.
Trafficking in children for the purpose of forced prostitution was a problem (see Sections 6.c. and 6.f.).
The buying and selling of children for adoption occurred. For example, in February, the Salem district collector ordered an inquiry into the reported sale of baby girls in Kolathur. At year’s end, police had made no arrests in connection with this incident.
The Union Ministry of Social Justice and Empowerment set up a 24-hour "child help line" phone-in service for children in distress in 14 cities. Run by NGOs with government funding, the child help line assisted street children, orphans, destitute children, runaway children, and children suffering abuse and exploitation.
The traditional preference for male children continued. The law prohibits the use of amniocentesis and sonogram tests for sex determination; however, despite an order from the Supreme Court during the year, the Government did not effectively enforce the law. The tests were misused widely for sex determination, and termination of a disproportionate number of pregnancies with female fetuses occurred. During the year, the Government passed a bill in Parliament which fined any persons $1,000 (50,000 Rs) if they perform a sex selection procedure. In the 12 years since the State of Maharashtra passed a law banning the use of such tests for sex determination, the state government filed charges against only one doctor, who was acquitted. Human rights groups estimated that at least 10,000 cases of female infanticide occurred yearly. Parts of Tamil Nadu still had high rates of female infanticide. In addition, parents often gave priority in health care and nutrition to male infants. Women's rights groups pointed out that the burden of providing girls with an adequate dowry was one factor that made daughters less desirable.
In Tamil Nadu, three persons were sentenced to life imprisonment for killing a newborn girl. Tamil Nadu implemented a "cradle scheme" in 1992 in which persons could leave unwanted infants outside the Social Welfare Department."
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25.02.2004 - Source: US Department of State
USDOS: Child labour ("Country Reports on Human Rights Practices - 2003") [#19765], [ID 6708]
"The Constitution prohibits forced or bonded labor, including by children; however, such practices were widespread. The Bonded Labor System (Abolition) Act prohibits all bonded labor, by adults and children.[...]
Devadasis, prepubescent girls given to a Hindu deity or temple as "servants of God," were taken from their families and required to provide sexual services to priests and high caste Hindus. Reportedly many eventually were sold to urban brothels (see Sections 5 and 6.f.). [...]
The Government prohibits forced and bonded child labor but did not enforce this prohibition effectively and forced child labor was a problem. The law prohibits the exploitation of children in the workplace.
There is no overall minimum age for child labor. However, work by children under 14 years of age was barred completely in "hazardous industries," which includes among other things, passenger, goods, and mail transport by railway. There were 13 occupations and 57 processes in which children were prohibited from working under the act. Child labor was prohibited in certain hazardous industries where there are specific age limits for specific jobs. In occupations and processes in which child labor is permitted, work by children is permissible only for 6 hours between 8 a.m. and 7 p.m., with 1 day's rest weekly.
In addition to industries that utilize forced or indentured child labor (see Section 6.c.), there was evidence that child labor was used in the following industries: Hand-knotted carpets; gemstone polishing; leather goods; and sporting goods.
The enforcement of child labor laws was the responsibility of the state governments; however, enforcement was inadequate, especially in the informal sector in which most children who work were employed. There was no evidence that the 2001 state government of Karnataka plan to eliminate all child labor was in operation during the year. During the year, the state government of Andhra Pradesh promulgated a plan to strengthen penalties for employers of child labor and eventually eliminate all child labor. The continuing prevalence of child labor was attributed to social acceptance of the practice, to the failure of the state and federal governments to make primary school education compulsory, and to ineffective state and federal government enforcement of existing laws.
The Government assisted working children through the National Child Labor Project, which was established in more than 3,700 schools.
Government efforts to eliminate child labor affected only a small fraction of children in the workplace. A Supreme Court decision increased penalties for employers of children in hazardous industries to $430 (20,000 Rs) per child employed and established a welfare fund for formerly employed children. The Government is required to find employment for an adult member of the child's family or pay $108 (5,000 Rs) to the family. According to the South Asian Coalition on Child Servitude the authorities were pursuing some 6,000 cases against employers. The Supreme Court ruling also helped make local government officials more aware of the prohibitions against child labor in hazardous industries. This in some cases helped improve cooperation between local officials and NGOs like SACCS that removed children from hazardous workplaces. In the hand-knotted carpet producing area of Uttar Pradesh, the NHRC and NGOs worked with the state government to establish a task force for the elimination of child labor.
Estimates of the number of child laborers varied widely. The Government census of 1991 put the number of child workers at 11 million. The ILO estimated the number at 44 million, while NGOs stated that the figure is 55 million. Most, if not all, of the 87 million children not in school did housework, worked on family farms, worked alongside their parents as paid agricultural laborers, worked as domestic servants, or otherwise were employed.
The working conditions of domestic servants and children in the workplace often amounted to bonded labor. Children sent from their homes to work because their parents cannot afford to feed them, or in order to pay off a debt incurred by a parent or relative, had no choice. There were no universally accepted figures for the number of bonded child laborers. However, in the carpet industry alone, human rights organizations estimated that there may be as many as 300,000 children working, many of them under conditions that amount to bonded labor. Officials claimed that they were unable to stop this practice because the children were working with their parents' consent. In addition, there was a reasonable basis to believe that products were produced using forced or indentured child labor in the following industries: Brassware; hand-knotted wool carpets; explosive fireworks; footwear; hand-blown glass bangles; hand-made locks; hand-dipped matches; hand-broken quarried stones; hand-spun silk thread and hand-loomed silk cloth; hand-made bricks; and beedis (hand-rolled cigarettes). A number of these industries exposed children to particularly hazardous work conditions (see Section 6.d.). In its first attempt to address the issue of domestic child labor, during 2000 the Government issued a notification prohibiting government employees from hiring children as domestic help. Those employers who failed to abide by the law were subject to penalties provided by the Bonded Labor System (Abolition) Act (such as fines and imprisonment) and also to disciplinary action at the workplace.
Bonded child labor in silk twining factories was a problem. The labor commissioner estimated that there were 3,000 bonded child laborers in the Magadi silk twining factories. In January, HRW traveled to the country to investigate reported use of child slaves in the silk industry. HRW interviewed children in three states, Karnataka, Uttar Pradesh, and Tamil Nadu, and found that production of silk thread still depended on bonded children. The report said, "At every stage of the silk industry, bonded children as young as 5 years old work 12 or more hours a day, six and a half or 7 days a week. Children making silk thread dip their hands in boiling water that burns and blisters them. They breathe smoke and fumes from machinery, handle dead worms that cause infections, and guide twisting threads that cut their fingers. By the time they reach adulthood, they are improvised, illiterate, and often crippled by the work."
Employers in some industries also took steps to combat child labor. The Carpet Export Promotion Council (CEPC), a quasi- governmental organization that received funding from the Ministry of Textiles, has a membership of 2,500 exporters who subscribed to a code of conduct barring them from purchasing hand-knotted carpets known to have been produced with child labor. The CEPC conducted inspections to insure compliance and allowed members to use voluntarily a government-originated label to signify adherence to the code of conduct. However, the CEPC stated that even with its programs it was impossible to ensure that a carpet had been produced without child labor, given the difficulties of monitoring a decentralized and geographically dispersed industry. A private-sector research and consulting firm conducted the inspections, which covered only 10 percent of registered looms. The inspectors had difficulty locating unregistered looms. The Government also cooperated with UNICEF, UNESCO, the UNDP, and the ILO in its efforts to eliminate child labor.
The Government participated in the ILO's International Program on the Elimination of Child Labor (IPEC). Approximately 145,000 children were removed from work and received education and stipends through IPEC programs since they began in the country in 1992.
The NHRC, continuing its own child labor agenda, organized NGO programs to provide special schooling, rehabilitation, and family income supplements for children in the glass industry in Firozabad. The NHRC also intervened in individual cases. Press reports said that a Madurai NGO had resuced 33 children who had been sold into slave labor during the year.
The Government has not ratified ILO Convention 182 on the worst forms of child labor."
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25.02.2004 - Source: US Department of State
USDOS: Trafficking in children ("Country Reports on Human Rights Practices - 2003") [#19765], [ID 6709]
"[...]The country was a destination country for Nepali and Bangladeshi women and girls trafficked for the purpose of labor and prostitution. Internal trafficking of women and children was widespread. To a lesser extent, the country is a origin for women and children trafficked to other countries in Asia, the Middle East, and the West. The country serves as a transit point for Bangladeshi girls and women trafficked for sexual exploitation to Pakistan, and for boys trafficked to the Gulf States to work as camel jockeys. NGOs reported that sexual exploitation of children for sex tourism increased sharply in the states of Goa and Kerala.
Child prostitution occurred in the cities, and there were an estimated 500,000 child prostitutes nationwide. More than 2.3 million girls and women were believed to be working in the sex industry within the country at any given time, and more than 200,000 persons were believed to be trafficked into, within, or through the country annually. Women's rights organizations and NGOs estimated that more than 12,000 and perhaps as many as 50,000 women and children were trafficked into the country annually from neighboring states for the sex trade. According to an ILO estimate, 15 percent of the country's estimated 2.3 million prostitutes were children, while the U.N. reported that an estimated 40 percent were below 18 years of age. [...]
Some boys, often as young as age 4, were trafficked to West Asia or the Persian Gulf States and became camel jockeys in camel races. Some boys end up as beggars in Saudi Arabia during the Hajj. The majority of such children worked with the knowledge of their parents, who received as much as $200 (9,300 Rs) for their child's labor, although a significant minority simply were kidnapped. The gangs bringing the jockeys earned approximately $150 (6,975 Rs) per month from the labor of each child. The child's names were usually added to the passport of a Bangladeshi or Indian woman who already had a visa for the Gulf. Girls and women were trafficked to the Persian Gulf States to work as domestic workers or sex workers. [...9"
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25.02.2004 - Source: US Department of State
USDOS: Trafficking in child prostitutes from Nepal and Bangladesh ("Country Reports on Human Rights Practices - 2003") [#19765], [ID 8182]
"[...]There was a growing pattern of trafficking in child prostitutes from Nepal and from Bangladesh (6,000 to 10,000 annually from each). Girls as young as 7 years of age were trafficked from economically depressed neighborhoods in Nepal, Bangladesh, and rural areas to the major prostitution centers of Mumbai, Calcutta, and New Delhi. NGOs estimate that there were approximately 100,000 to 200,000 women and girls working in brothels in Mumbai and 40,000 to 100,000 in Calcutta. [...]
The Government cooperated with groups in Nepal and Bangladesh to deal with the problem. [...]"
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25.02.2004 - Source: US Department of State
USDOS: Children and Women are being trafficked to West Asia or the Persian Gulf States for various purposes ("Country Reports on Human Rights Practices - 2003") [#19765], [ID 18621]
"[...]Some boys, often as young as age 4, were trafficked to West Asia or the Persian Gulf States and became camel jockeys in camel races. Some boys end up as beggars in Saudi Arabia during the Hajj. The majority of such children worked with the knowledge of their parents, who received as much as $200 (9,300 Rs) for their child's labor, although a significant minority simply were kidnapped. The gangs bringing the jockeys earned approximately $150 (6,975 Rs) per month from the labor of each child. The child's names were usually added to the passport of a Bangladeshi or Indian woman who already had a visa for the Gulf. Girls and women were trafficked to the Persian Gulf States to work as domestic workers or sex workers. [...]"
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23.12.2003 - Source: World Organisation Against Torture
West Bengal: 3 year old child dies due to starvation/ his family is one of 7,000 Untouchables who were forcibly and illegally evicted in February 2003 from their residences ("India: Death of a 3-year old child due to starvation [Case IND-FE 240703.1, Follow-up to Case 240703]") [#18370], [ID 6710]
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28.10.2003 - Source:
UN News: UN agency deplores infanticide of girls in India; praises government for study [ID 6711]
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15.10.2003 - Source: BBC News
Delhi: Series of sexual assaults on women and girls; incidents of rape have risen by 22 per cent in 2003 over 2002 ("Fear stalks Delhi women") [#49015], [ID 6712]
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19.09.2003 - Source: Amnesty International
Report commenting on the report of the Malimath Committee on Reforms of the Criminal Justice System ("Report of the Malimath Committee on Reforms of the Criminal Justice System: Some observations") [#16255], [ID 6713]
"The Committee's silence on the protection of the human rights of the poor, dalits and minorities are by no means the only ones. A "comprehensive reform" of the criminal justice system was an opportunity to overhaul the system in a manner that could also address major human rights concerns of other vulnerable groups. These include decriminalizing consensual same sex relations while criminalizing child sexual abuse and addressing the serious challenges faced by the mentally ill, all areas in which the prevailing standards are way behind internationally accepted standards of protection.(31)"
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14.07.2003 - Source: Child Rights Information Network
Report focused on the effect of communal violence in Gujarat on children (sexual violence against women, youth arbitrarily detained or killed by the police) ("The Effect of Communal Violence in Gujarat on Children Communalization of Education Bonded Child Labor (An alternate report to the United Nations Committee on the Rights of the Child by Human Rights Watch)") [#19926], [ID 6714]
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07.2003 - Source: Child Rights Information Network
Report focused on the violation of the rights of the child (cases documented) ("The Alternate Report by the National Movement of Working Children, India ((An alternate report to the United Nations Committee on the Rights of the Child on India’s first periodic report (CRC/C/93/Add.5))") [#19923], [ID 6715]
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02.2003 - Source: Asylum Aid
Report on domestic violence against women in India, Albania, China, Colombia and Kosovo (country background, legal framework, protection, situation of separated or divorced women, human trafficking, access to health service, minorities) ("Refugee Women and Domestic Violence") [#49019], [ID 6716]
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01.2003 - Source: Human Rights Watch
Report focused on bonded child labor (in the Indian silk industry) ("Small change: Bonded Child Labor in India's Silk Industry") [#10851], [ID 6717]
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2003 - Source: Child Rights Information Network
Report focused on discrimination against indigenous children (roots and basis of discrimination, displacement, armed conflict) ("Discrimination against indigenous children in India: race, culture and class") [#19925], [ID 6718]
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27.07.2002 - Source: World Organisation Against Torture
Madhya Pradesh: Forcible eviction by the police of the members of the village of Khedi-Balwari, district of Dhar, reported/ women and even children were reportedly severely beaten up ("India: forced eviction by the police of a village against the background of the Narmada Valley Development Projects") [#8139], [ID 6720]
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