DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT


INFORMATION REQUIRED FOR SECOND INDIA COUNTRY REPORT

ARTICLE 1 [DEFINITION OF CHILD]

70. Are there any differences between national legislation and Convention on the definition of the child? Give details mainly pertaining to the following issues:


ARTICLE 12 [RESPECTS FOR THE VIEWS OF THE CHILD]

71. What are the opportunities provided for the child to be heard in judicial and administrative procedures affecting him or her, as well as situations in which the child can intervene directly or through a representative or an appropriate body?


ARTICLE 7 [NAME AND NATIONALITY]

72. What are the measures adopted to ensure the child's right to know and be cared for by his or her parents?


ARTICLE 37 [THE RIGHT NOT TO BE SUBJECTED TORTURE OR OTHER INHUMAN TREATMENT PUNISHMENT]

73. Are torture or other cruel, inhuman or degrading treatment or punishment of children penalised by criminal law? Have complaint procedures been established and are remedies available to the child? Provide information on:

ARTICLE 11 [ILLICIT TRANSFER AND NON-RETURN]

74. What are the steps taken to combat illicit transfer and non-transfer of children abroad, and mechanisms established to monitor such situations? Are there any bilateral or multilateral agreements on this subject concluded by or acceded to by the State Party and the impact that they have had? What progress has been achieved and the difficulties met with in countering such situations, together with relevant data on children concerned by gender, age, national origin, place of residence, family status and relationship with the perpetrator of illicit transfer?

ARTICLE 21 [ADOPTION]

75. Indicate measures adopted, including of a legislative, administrative and judicial nature, to ensure that, when the State recognises and/or permits the system of adoption, the best interests of the child shall be the paramount consideration. Provide information on:

76. In case of inter country adoption, what are the measures undertaken to ensure that such a solution is considered as an alternative means of care for the child if he/she cannot be cared for in the child's country? Does a child involved in inter-country adoption enjoy safeguards and standards equivalent to those existing in case of national adoption or placement by inter-country adoption does not result in improper financial gain? Have appropriate mechanisms been established to monitor the situation of the child?

77. Are there any bilateral or multilateral arrangements or agreements with the objectives of Article 21? What are the measures adopted to ensure that competent authorities or organs carry out placement of child in another country? What are the relevant disaggregated data on the children involved in adoption by age, gender, status of the child, situation of the child's family of origin and adoption, as well as country of origin and of adoption? Indicate progress achieved, difficulties encountered and targets set for future?


ARTICLE 25 [PERIODIC REVIEW OF PLACEMENT]

78. What are the measures undertaken (of a legislative, administrative and judicial nature) to recognise the right of the child placed by competent authorities, to make periodic review of treatment provided to the child in public and private institutions, to provide services and facilities and the circumstances relevant to his or her placement?

79. Provide information on:

ARTICLE 19 [ABUSE AND NEGLECT] ARTICLE 39 [INCLUDING PHYSICAL AND PSYCHOLOGICALRECOVERY AND SOCIAL REINTEGRATION]

80. Are there appropriate legislative, administrative, social and educational measures taken to protect the child from all forms of physical and mental violence, injury, neglect or negligent treatment, maltreatment, exploitation, sexual abuse while in the care of parents, legal guardians or any other person who has care for the child? Also indicate:

81. Provide information on:

82. What are the measures adopted to ensure physical and psychological recovery and social reintegration of the child victim in an environment, which fosters the health, self-respect and dignity? Indicate the progress achieved, difficulties encountered and targets set

ARTICLE 16 [PROTECTION OF PRIVACY]

83. What are measures adopted to prevent any arbitrary or unlawful interference with the child's privacy, family, home or correspondence, as well as any attack on his or her honour and reputation? Indicate the protection provided by law against such interference or attacks, and remedies made available, and specific measures adopted for children placed in institutions for treatment of care or protection, including judicial and administrative?

ARTICLE 6 AND 18 [BASIC HEALTH AND WELFARE]

84. Provide information on:

CHILDREN INVOLVED WITH THE SYSTEM OF ADMINISTRATION OF JUVENILE JUSTICE


ARTICLE 40 (THE ADMINISTRATION OF JUVENILE JUSTICE)

124. Indicate legislative and other measures taken to recognise the right of every child involved with the system of the administration of juvenile justice (alleged as, accused of, or recognised as having infringed the penal law) to be treated in a manner:

125. With respect to article 40, paragraph 2, indicate relevant international instruments applicable in the area of the administration of juvenile justice, including at the multilateral, regional or bilateral levels, as well as legislative and other appropriate measures adopted to ensure in particular that:

126. Indicate measures adopted in pursuant to article 40, paragraph 3 to promote the establishment of law, procedures, authorities and institutions specially applicable to children alleged as, accused of, or recognised as having infringed the penal law, providing information on the areas addressed by legislation and procedures, as well as the functions, number and distribution throughout the country.

127. Indicate measures adopted to ensure a child-oriented system, including:

128. Indicate the variety of dispositions made available in pursuant to article 40, paragraph 4, including that of care, guidance and supervision orders, counselling, probation, foster care, education and vocational training programmes and other alternatives to institutional care, to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.

129. Indicate the kind of training activities developed for all professionals involved with the system of juvenile justice, including judges, prosecutors, lawyers, law enforcement officials, immigration officers and social workers, on the provision of the convention and other relevant international instruments in the field of juvenile justice, including the "Beijing Rules", the "Riyadh Guidelines" and "the United Nations Rules for the Protection of Juveniles Deprived of their Liberty".

130. Indicate progress achieved in the implementation of article 40, difficulties encountered, targets set for the future. Provide disaggregated data on the children by age, gender, region, rural/urban area, national, social and ethnic origin, offence and disposition made available.

ARTICLE 37 (B)- (D) (CHILDREN DEPRIVED OF THEIR LIBERTY, INCLUDING ANY FORM OF DETENTION, IMPRISONMENT OF PLACEMENT IN CUSTODIAL SETTINGS)

131. Indicate legislative and other measures adopted in pursuant to article 37 (b) to ensure that no child is deprived of his or her liberty unlawfully or arbitrarily; the arrest, detention or imprisonment of a child is in conformity with the law and is used only as a measures of last resort and for the shortest appropriate period of time; the general principles of the convention are respected, to the maximum extent possible.

132. Indicate the existing alternatives to deprivation of liberty, the frequency with which they are used and the children concerned, including by age, gender, region, rural/urban area, and social and ethnic origin.

133. Indicate the measures and mechanism established to:

134. Provide information on the number of children deprived of liberty, unlawfully, arbitrarily and within the law, as well as on the period of deprivation of liberty, including data disaggregated by gender, age, region, rural/urban areas, and national, social and ethnic origin, and the reasons for such deprivation of liberty.

135. Indicate legislative and other measures adopted in pursuant to article 37 (c) to ensure that any child deprived of liberty is treated:

136. Indicate the measures adopted and arrangements made to ensure that:

137. Indicate the measures have been adopted in pursuant to article 37 (d) to ensure that every child deprived of liberty has the right:

138. Provide information on the overall situation, as well as on the percentage of cases where legal or other assistance has been provided, and where the legality of the deprivation of liberty has been confirmed, including disaggregated data on the child concerned, including by age, gender region, rural/urban area and social and ethnic origin.

139. Indicate the progress achieved in the implementation of article 37 (b) to (d), difficulties encountered, targets set for the future.

ARTICLE 37 (A) (THE SENTENCING OF CHILDREN, WITH PARTICULAR REFERENCE TO BE PROHIBITION OF CAPITAL PUNISHMENT AND LIFE IMPRISONMENT)

140. Indicate the measures adopted, at the legislative and other levels, to ensure that neither capital punishment nor life imprisonment without possibility of release in imposed for offences committed by persons.

141. Provide information on the progress has been achieved in the implementation of article 37 (a), difficulties encountered and targets set for the future.


ARTICLE 39 (PHYSICAL AND PSYCHOLOGICAL RECOVERY AND SOCIAL REINTEGRATION OF THE CHILD)

142. Indicate the measures taken pursuant to article 39 and in the light of article 40, paragraph 1, to promote the physical and psychological recovery and social reintegration of the child involved with the system of the administration of juvenile justice, and to ensure that such recovery and reintegration take place in an environment which fosters the health, self-respect and dignity of the child.

143. Provide information on the mechanisms established, programmes and activities developed for the purpose, as well as the education and vocational training provided, and indicate relevant disaggregated data on the children concerned, by age, gender, region rural/urban area and social and ethnic origin. Indicate the progress achieved in the implementation of article 39, difficulties encountered and targets set for the future.

ARTICLE 33 (DRUG ABUSE)

144. Indicate appropriate measures adopted including legislative administrative, social and educational measures to:

145. Provide information on:

146. Provide information on legislative and other measures undertaken to prevent the use by children of alcohol, tobacco and other substances which may be prejudicial to their health and which may be available with or without restrictions to adults, and on any evaluation made of the effectiveness of such measures, together with relevant disaggregated data on the use by children of such substances.

ARTICLE 30 (CHILDREN BELONGING TO A MINORITY OR AN INDIGENOUS GROUP)

147. Indicate the measures (legislative, administrative, educational, budgetary and social levels) adopted, to ensure that a child belonging to an ethnic, religious or linguistic minority or who is indigenous is not denied the right, in community with other members of his or her group:

Provide information on:

84. What are the plans to develop a national drug control plan, with the guidance of UNDCP?

85. What are the plans to abolish by law the imposition of death penalty to persons under 18, raising the age of criminal responsibility, amending and enforcing art. 2(h) of independent monitoring of institution for Juvenile offenders?

86. What efforts are made to promote children’s education in the country, including the initiatives to reach the vulnerable groups in assistance from UNICEF?

87. Are measures taken to register each child taken to police station alongwith date, time and reason for detention, age verification, and medical check up at the time of detention?

88. Has the capacity of institutions for the rehabilitation of children with disabilities especially those living in rural areas increased? Are awareness campaigns in this regard undertaken, with assistance from UNICEF, WHO & relevant NGOs?

PERFORMA FOR STATISTICAL DATA

Name of the State/UT:

Name of the Department:

Population of Children in your State/UT:
Male:
Female:
Total:

 

DEFINITION OF CHILD [Art. 1]

24. Provide Minimum Legal Age defined by National/State Legislation for the following:

 

Female

Male

Legal and medical counselling without parental consent

   

Medical treatment or surgery without parental consent

   

End of compulsory education

   

Admission to employment or work including hazardous works, part-time or full-time work

   

Marriage

   

Sexual Consent

   

Voluntary enlistment in the armed forces

   

Conscription

   

Criminal responsibilities

   

Deprivation of liberty

   

Capital punishment and life imprisonment

   

Giving testimony in court, in civil and criminal cases

   

Lodging complaints and seeking redress before a court or other relevant authority without parental responsibility

   

Participating in the administrative and judicial proceedings affecting the child

   

Giving consent to change of identity, including change of name, modification of family relations, adoption and guardianship

   

BUDGET [Art.4]

2
5. What is the proportion of the budget devoted to social expenditures for children?
 

Amount/Proportion of State Budget (in crores Rs)

 

State

District

Block

Health      
Education      
Welfare      

26. What kind of international aid is received by your State/UT?

Name of the Funding Agency


Programme/Project

Total Amount Received

Amount allocated to Children’s Programme

Name of the Children’s Programme for which the amount was used.
         
         
         
         
         
 

RIGHT OT LIFE, SURVIVAL, AND DEVELOPMENT [Art.6]


27. Provide details on number of children committing suicide:
 

1995-96

1996-97

1997-98

1998-99

1999-2000
Total Number of Children Committing Suicide          
Number of Children Committing Suicide (Males)          
Number of Children Committing Suicide (Females)          

28. Provide data on children for the following:
 

Females

Males

Total

Number of Births

     
Registration of Births      

Number of Deaths

     
Registration of Deaths      

CIVIL RIGHTS AND FREEDOM [Art.17]

29. Number of Programs for children that were broadcast:

Year

Television

Radio

1992

   

1993

   

1994

   

1995

   

1996

   

1997

   

1998

   

1999

   

2000

   
     

30. Number of Publications on Child Rights and related issues:

Year

Number of Publication

Name

Language

1992

     

1993

     

1994

     

1995

     

1996

     

1997

     

1998

     

1999

     

2000

     

31. Provide information about the disaggregated data collected for various groups of children:

Who collects?

 

What kind of data is collected?

 

How is it compiled?

 

How is the data used?

 
 

EDUCATION, LEISURE AND CULTURAL ACTIVITIES [Art.28, 29, 31]


32. Provide details on budgetary allocation to education in the past five years:
 

1995-96

1996-97

1997-98

1998-99

1999-2000
Total Budget          
Primary Education          
Proportion of Total Budget          
Secondary Budget          
Proportion of Total Budget          

33. Provide details of the following:
 

1995-96

1996-97

1997-98

1998-99

1999-2000
  F M T F M T F M T F M T F M T
Illiteracy Rates                              
School Enrolment Rates
Primary
Secondary
                             
School Drop Out Rates
Primary
Secondary
                             
F-Female  M-Male T-Total

ADOPTION [Art.21]

34. Provide details of authorized adoptions in your State/UT:

I. Total Number of Authorized Adoption Centres

 

2. Total Number of Authorized Adoption

 

a. Number of Female children Adopted

 

b. Number of Male Children Adopted

 

3. Total Number of Inter Country Adoptions

 

a. Number of Inter Country Adoptions (Male)

 

b. Number of Inter Country Adoptions (Female)

 

35. Provide details of children who have been deprived of their families, adopted and placed in institutions:
 

Number deprived of families

Number of such children adopted

Number of such children placed in institutions

Male

Female

     

Orthopaedically Disabled

     

Speech Disabled

     

Learning Disabled

     

Mentally Disabled

     

Spastics

     

Higher Income Group

     

Middle Income Group

     
 

BASIC HEALTH AND WELFARE [Art. 6, 18 (3), 23, 24, 26, 27 (1)-(3)]
HEALTH AND HEALTH SERVICES [Art.24]


36. Provide information on:
 

Number of Females

Pre-natal health care of mothers

 
Post natal health care  
Rate of mortality  

37. Provide disaggregated data on the following:
 

Females

Males

Age

Region

Rural

Urban

Social

Total

Infant mortality                
Child mortality                
General health care                
Curative health care                
Malnutrition
Chronic
Severe
               
Immunization rate                
Low birth weight                
Access and benefit to medical and health care                
Access to safe drinking water                
Provision of adequate nutritious food                
Risk from environmental pollution                
Childhood pregnancy                
HIV/AIDS                
 

DISABLED CHILDREN [Art.23]


38. Provide details on disabled children in your State/UTs:

Kind of Disability

Total Number of Children

Females

Males

Orthopaedic      
Speech      
Hearing      
Learning      
Mental      
Spastic      
Others (specify)      


SOCIAL SECURITY, CHILD CARE SERVICES AND FACILITIES [Art, 26, 18(3)]


39. Provide relevant disaggregated information on the appropriate assistance provided to parents and legal guardians in the performance of their child rearing responsibility (institutions, facilities, services), belonging to most disadvantaged groups and those living in extreme poverty.

Assistance Provided

Level*

Females

Males

Age

Region

Rural

Urban

Social

Total

                   
                   

    * National-N State-S Local-L


SPECIAL PROTECTION MEASURES [Art. 22, 38, 39, 40, 37 (b)-(d), 32, 36]
REFUGEE CHILDREN [Art.22]

40. Provide details on refugee children in your State/UT:
Total Number of Refugee Children  
Number of Refugee Children (males)  
Number of Refugee Children (females)  
Country of Origin  

41. Provide data on children for the following:
 

Females

Males

Total

Abandonment

     

Asylum Seeking

     

CHILDREN INVOLVED WITH THE SYSTEM OF ADMINISTRATION OF JUVENILE JUSTICE [Art. 40]

42. Please provide information on children involved under Juvenile Justice Act.
 

1995-96

1996-97

1997-98

1998-99

1999-2000

  F M T F M T F M T F M T F M T
Petty Thefts
0-7 yrs
7-12 yrs
12-18 yrs
                             
Robbery
0-7 yrs
7-12 yrs
12-18 yrs
                             
Murder
0-7 yrs
7-12 yrs
12-18 yrs
                             
Rape
0-7 yrs
7-12 yrs
12-18 yrs
                             
Other Crimes
0-7 yrs
7-12 yrs
12-18 yrs
                             
F-Female    M-Male   T-Total


CHILDREN DEPRIVED OF THEIR LIBERTY, INCLUDING ANY FORM OF DETENTIION, IMPRISONMENT OF PLACEMENT IN CUSTODIAL SETTINGS [Art.37 (b)-(d)]


43. Provide disaggregated information on children for the following:
 

1995-96

1996-97

1997-98

1998-99

1999-2000
  F M T F M T F M T F M T F M T
Detention                              
Imprisonment                              
Exile                              
Deportation                              
Family re-unification                              

ECONOMIC EXPLOITATION OF CHILDREN, INCLUDING CHILD LABOUR [Art.32]

44. Provide details on child labour in your State or UTs?
Total Number of Child Labourers  
Number of Child Labourers (Males)  
Number of Child Labourers (Females)  

45. How many cases of child labour were bought to the court in the last five years?

46. How many resulted in the sanction of employer:
 

1995-96

1996-97

1997-98

1998-99

1999-2000

Cases of Child Labour brought to Court

         

Actions Taken

         


DRUG ABUSE [Art. 33]


31. Number of children use drugs, tobacco, and alcohol in your State/UT?
 

1995-96

1996-97

1997-98

1998-99

1999-2000
  F M T F M T F M T F M T F M T
Number of children using drugs                              
Number of children using tobacco                              
Number of children using alcohol                              
F-Females M-Males T-Total


SEXUAL EXPLOITATION, SEXUAL ABUSE, SALE, TRAFFICKING AND ABDUCTION AND OTHER FORMS OF EXPLOITATION [Art.34, 35, 36]


32. Provide number of sexually exploited children in your State/UTs?
 

1995-96

1996-97

1997-98

1998-99

1999-2000
Total Number of Sexually Exploited Children          
Number of Sexually Exploited Children (Males)          
Number of Sexually Exploited Children (Females)          

33. Provide data on children for the following:
 

Females

Males

Total

Number of cases of sale of children      
Number of cases on abduction of children      


ILLICIT TRNSFER AND NON-RETURN [[Art.11]


34. Please provide data on illicit transfer and non-return of children abroad:
  F M Age National Origin Place of Residence Family Status Relation with perpetrator of illicit transfer
0-7 7-12 12-18

Illicit Transfer

                 

Non-return of children broad

                 


CHILDREN IN ARMED CONFLICTS [Art.38] INCLUDING PHYSICAL AND PSYCHOLOGICAL RECOVERY AND SOCIAL REINTEGRATION [Art.39]


35. Please provide data on the proportion of children being recruited or voluntary enlisted into armed forces:
 

Age

Origin

Total

A. Total number of Children being recruited or voluntarily enlisted in armed conflict

     

Number of Children being recruited or voluntarily enlisted in armed conflict (males)

     

Number of Children being recruited or voluntarily enlisted in armed conflict (females)

     

B. Total number of Child Causalities due to armed conflict

     

Number of Child Causalities due to armed conflict (males)

     

Number of Child Causalities due to armed conflict (females)

     

C. Total number of children displaced by armed conflict

     

Number of children displaced by armed conflict (males)

     

Number of children displaced by armed conflict(females)

     

36. Please provide information on children who have received physical and/or psychological recovery and integration into the society:

Total number of children who have received physical and/or psychological treatment as a consequences of armed conflict

 

Number of children who have received physical and/or psychological treatment as a consequences of armed conflict (males)

 

Number of children who have received physical and/or psychological treatment as a consequences of armed conflict (females)

 


CHILDREN BELONGING TO A MINORITY OR AN INDIGENEOUS GROUP [Art. 30]


3
7. Provide data on children for the following:
 

Females

Males

Total

Number of children belonging to ethnic group      
Number of children belonging to religious/linguistic minorities      
Number of children belonging to indigenous group