CHILD RIGHTS IN INDIA: AN ANALYSIS

by Harsh Rai

INTRODUCTION

India is considered to be a youth-oriented nation in the entire world, with 472 million young people and28.6% of the entire population under the age of 14. Having such an enormous amount of youth base creates enormous responsibility towards their welfare. India is a huge country and one of the largest developing countries. Despite significant progress in economic growth over the last five years, the nation has made an average of 7.3 %. It continues to face other BRICS countries with similar challenges strong growth rates combined with chronic poverty and disparity. These inequalities are evident in the poor human development of the most marginalised nations, including castes, the tribes, and the rural population, women, HIV transgendered persons, and migrants. Despite tremendous advances in India to address poverty, education and the level of HIV, the outcomes were mostly unequal. The children of India continue to suffer some of the world’s most difficult situations, including high rates of malnutrition, child labour, and forced prostitution as well as childhood diseases like diarrhoeal disease [i].

STATUS OF CHILD RIGHTS

About73% of children in India live in rural regions and have frequently restricted access to basic requirements including nutrition, access to health care, education and protection. A large number of rural children often lead to negative repression concerning the fact that children have access to fundamental rights. India’s “Commissions for Protection of Child Rights (Act of 2005)”[ii] (amended in 2006) has influenced the promotion of the rights of children in India. The elimination of child labour, child protection, and young people in particular. The Commission’s mandate to make sure that the Child Rights Perspective enshrines in India’s constitution and the “1989 UN Convention on the Rights of the Child” is compliant with all the Laws, Policies, Programs and Management Mechanisms. The promotion of children’s rights in India is a priority of the government which is established in the constitution and protected by law. In India, children continue to be faced with obstacles, in particular those linked to access to education, forced labour, and child marriage, when these rights are attained[iii].

SOCIAL PROTECTION TO CHILDREN

For children and families, social protection is vital to avoid and reduce poverty, tackle disparities and achieve children’s rights. Moreover, it is vital that social protection systems, by maximizing good benefits for children and limiting possible negative effects, adapt to children’s vulnerabilities[iv]. Social protection attentive to children can alleviate chronic poverty, social isolation, and external shocks that irrevocably harm children. For children living in rural areas, who typically confront increased vulnerabilities, aggravated by their living situations, this is particularly essential[v]. As just 27% of Indian children reside in urban areas, and 73% live in rural regions, it is vital to broadening access for children to social safety programs. In India, Child sensitive social protection (CSSP) projects, UNICEF, and the Ministry of Social Protection are therefore supporting by saving the children. The objective is to promote and implement the rights of children, ensuring that measures of social protection lead to significant investment in children[vi].

RIGHTS OF CHILDREN TO PROMOTE WELFARE

India 1991 adopted the “United Nations Convention on the Rights of Children in 1992”[vii] with its aim to create an ethical labour market for foreign companies. The Convention is rooted in the willingness of Jebb to alleviate children’s suffering by creating a healthy, joyful, and safe atmosphere that fostered them physically, psychologically, and emotionally. The Convention resonates strongly with these characteristics.  Following are the few rights mentioned in the conventions

Right to Identity (Article 7 & 8) The realization of their right to identity and registration is a crucial component in achieving children’s rights. India has one of the highest kid absence rates in the world. Only 41 %of births are recorded. The registration differences are significant in city-rural regions, with 59% of city children under five registered, compared with only 35% in rural areas[viii]. This leads to significant problems for these people since they cannot make use of child-sensitive social safety services and programs which, in the eyes of society, are invisible.

Right to Health (Article 23 & 24)A crucial indication for the achievement of children’s rights is the approach to access to health. In India, about 1 million children die under 5, estimated as 39 fatalities per 1,000 live births. It is very probable that access to health services such as maternity and newborn health care is disadvantaged for women and children. Regular pregnancy surveillance is performed by just 1 in 3 Indian women. Only 37% of newborns in rural regions receive skilled health workers. There are about 204 million people living in India undernourished and the most impacted are the Indian children. Children also confront other problems, including a high prevalence of HIV infections 3700 new children’s infections, lack of safe drinking water, and proper sanitary facilities. Lastly, the wider range of health care in rural areas is unevenly distributed among women and children[ix].

Right to Education (Article 28)“Article 21-A of Indian Constitution”[x] also talks about, Access to education in India continues to be a difficult and essential obstacle to child rights. In India, there are still 287 million adults, the biggest population worldwide, and 37 % of the world’s total, with the highest number of illiterate individuals. Während India’s literacy rate from 1991 to 2006 went 15 percent, the overall number of illiterates remained high after the population increase. Despite India’s attempt to spend 10.5% of total government education expenditures, its decentralized approach enables rich countries to spend far more on training than impoverished countries. For example, a rich country like Kerala spent $685 a year on education, whereas another poor state like Bihar paid $100 per year. This uneven distribution between children and rural people is marginalising higher education in particular.

Right to Life“Article 21, of Indian Constitution”[xi] asserts that“everyone has the right to life, liberty and the security of persons”, and that “no person shall be deprived of his life or personal liberty…”[xii].In India, life, survival and development of children remain issues of concern notwithstanding the fundamental right that has been established in the constitution. Every day, not only due to poverty, hundreds of children are losing their lives but because of their mom’s impunity. This is a cultural practice that continues to pose the primary danger to Indian children’s right to life. In reality, every day, hundreds of tiny Indian girls die before they are born or lose their lives because their families are not willing or willing to accept them. Several reasons contribute to women’s infanticides, including the system of dowry that “imposes an unbearable economic burden” on children.

Many Indian households use selective miscarriage of the women’s baby to deal with this problem (feticide). In fact, families kill infants by drowning, poisoning, suffocation, or purposeful carelessness leading to the death of the child, much more distressing when child’s birth is inevitable.

Right to Protection and Freedom of expression (Article 19 & 34)A child in India has the right in the domestic and other countries to be safeguarded from neglect, exploitation, and abuse. Children are entitled to be safeguarded against abuse, exploitation, violence, neglect, commercial sexual exploitation, smuggling, child labour, and customary harmful practices. However, more than 69% of children aged 5 to 18 years are victimised by maltreatment, according to government research carried out in 2007. Many have to suffer daily humiliation and violence[xiii].

The cultural norms that have no high regard and respect for the thoughts and views of children are an important component in the neglect of children. There is no particular reference to this right in Indian legislation as such and education concentrates on respecting children for adults. It is necessary to take another approach towards children and their needs to completely realise children’s right to protection. In the educational and educational sector, we must likewise invest in and prosecute those who disregard it, in the fundamental right of children to protection[xiv].

CONCLUSION & SUGGESTIONS

We can conclude on the norm that, post ratification of the Convention in 1990s. The Indian government subsequently made many acts to safeguard the legal interests of children in the country, 32 Situation for children and child rights in India A Desk Review. The country’s court is currently focused on fighting the scenario in which perpetrators of the victims with children are brought to justice. While attempts are obvious, the issue remains how effective the judiciary’s teeth are to curb increasing criminality against minors.

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[i]DeveshSaxena, The Problems of Marginalized Groups in India, ACADEMIKE (Sept. 8, 2014), https://www.lawctopus.com/academike/problems-marginalized-groups-india/.

[ii] The Commissions for Protection of Child rights Act, 2005, NO. 4, Acts of Parliament, 2006 (India).

[iii] HUMANIUM, https://www.humanium.org/en/india/ (last visited July 22, 2021).

[iv]Id at III.

[v] Aditi Singh, An Insight into Child Rights in India, LAWLEX.ORG (Jun. 25, 2020), https://lawlex.org/lex-pedia/an-insight-into-child-rights-in-india/23960.

[vi]Combatting COVID-19’s effect on children, OECD (Aug. 11, 2020), https://www.oecd.org/coronavirus/policy-responses/combatting-covid-19-s-effect-on-children-2e1f3b2f/.

[vii]UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available at: https://www.refworld.org/docid/3ae6b38f0.html %5Baccessed 22 July 2021].

[viii] HUMANIUM, supra note iii.

[ix]Id.

[x] INDIA CONST. art 21-a.

[xi]INDIA CONST.art. 21.

[xii]Id.

[xiii] HUMANIUM, supra note iii.

[xiv]Karen Broadley, What is child abuse and Neglect? CHILD FAMILY COMMUNITY AUSTRALIA (Sept. 2018),  https://aifs.gov.au/cfca/publications/what-child-abuse-and-neglect.

[xv] Picture: Children Incorporated

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DOES BOLLYWOOD MOVIES AND DRAMA ENDORSE PASSIVE SEXUAL HARASSMENT?

by Aishwarya Gopalakrishnan

ABSTRACT

Cinema is meant to entertain, to take the viewer to a world that is starkly different from the real world which provides escape from the daily grind of life. The paper has analyzed the representations of women characters in mainstream Bollywood movies. The ancient film depicted women as strong and bold characters; however, the new trend seems to objectify her in order to increase the number of viewers.

INTRODUCTION

Cinema and all other media play an essential role in reflecting the society’s economic, political and social realities and thereby create awareness among the people. Although everybody relies on the use of media for leisure, there has always been distinguishing opinions by the feminist thinkers about the existing sexism in Bollywood. Some of the Indian movies depict romanticize stalking, eve-teases, objectify women and present them acceptable in society.[1] The reason behind this is the existing patriarchal norms of the society. Although the women were depicted as goddess in ancient time, but now, women are being harassed & being victimized to increase the number of viewers by the film industry. However, there are movies that depict women in high standards and are given prior importance than men.

PORTRAYAL OF WOMEN IN BOLLYWOOD MOVIES – AN ANALYSIS

Women in Bollywood have been uni-dimensional characters, who are good or bad, white or black. There are no shades of grey. Films have also been inspired to a large extent from religion and mythology whereby women characters were seen as the epitome of virtue and values, those who could do no wrong. The image of women as Sita has been repeatedly evoked in many films after independence. Through the ideas of loyalty and obedience to the husband, Hindi cinema successfully institutionalized patriarchal values. Films like Dahej (1950), Gauri (1968),Devi (1970), Biwi ho to Aisi(1988), Pati Parmeshwar (1988) depicted women as passive, submissive wives as perfect figures and martyrs for their own families.

Women are also being elevated to a higher position of being ideal who can commit no wrong. Their grievances, desires, ambitions, feelings, perspectives are completely missing from the scene. Themes have been explored from the male audience’s point of view. The heroine is always secondary to the hero. Her role is charted out in context of any male character which is central to the script. Another trend to be examined in the depiction of female characters is the clear dichotomy which is followed. The woman is docile, domestic, honorable, noble, and ideal or she is the other extreme – wayward, reckless and irresponsible. The man is considered as the savior and the woman as the victim are also prominently seen in Hindi cinema discourse. The heroine is a damsel in distress who has to be rescued by the hero if she is in trouble. Scene after scene of heroes rescuing their ladies from the clutches of villains have been captured by the camera.[2]

Contemporary cinema has attempted to explore taboo subjects like sexuality, infidelity, surrogacy, divorce, live-in relations etc. through movies like Jism (2003), Astitva (2000), Salaam Namaste (2005) etc. Sexual violence and aggression have been part and parcel of Indian cinema for decades. Some critics are wondering about the role of such films in condoning or even fomenting such violence.[3] The depiction of sexual intimacy on the silver screen has remained a clandestine activity shrouded in the cover of a private darkness for the movie going audience. The depiction of sexual intimacy when it comes out of that shroud and into the open bright glare of daylight, apparently assaults us with violence in the form of degrading behavior. The Indian censor board does not allow for movie scenes depicting frontal nudity or lip locks. Such intimate scenes get the censor board’s axe. Over time, the censor boards became liberal and have allowed for a little more public display of intimacy. Society’s deviant mores are always reflected well on the widescreen.

There is a common belief that the non-conformist and liberal girls in the Bollywood screen may not be received well in B-category. However, we can see changing trend as there is a huge migrant population from the villages, aspiring to a big city life. Moreover, item numbers are a rage of Bollywood movies. Heroines achieve ethereal status, by gyrating to the heavy beats of dance numbers that are themselves loaded with suggestive sexual innuendos. Thus, through theses acts women are objectified as mere vamps. Although the censor board limits the depiction of sexual intimacy beyond a point, the song lyrics have advanced to the other extreme of sexual expression. Many lyrics are often penned with double entendre in mind. [4]

CONCLUSION

It is improper to conclude that women on Indian silver screen have been portrayed in an identical manner. Then portrayal of course has to be sensitive to the category to which they belong. Although women in the film industry enjoyed various roles, but often, women are being objectified to picturize sexually implicit characters because of their form. However, women had always tried to achieve high position in all fields.

References:

[1] Sexual Assault Portayals in Hindi Cinema

, https://link.springer.com/article/10.1007/s11199-014-0404-6

[2] Gender Reflections in Mainstream Hindi Cinema, Nidhi ShendurnikarTere, Global Media Journal – Indian Edition/ISSN 2249-5835

[3] Do Indian Films Promote Sexual Violence and Harassment?

, https://www.pri.org/stories/2013-01-04/do-indian-films-promote-sexual-violence-and-harassment

[4] Do Indian films promote sexual violence and harassment?, https://petervas.wordpress.com/2013/01/10/indianfilms/

[5] Picture: original image PROLAWFIC

Policing the police- deficiencies and reforms needed in policing

by Adv. Rashmi Raman

On 2^nd December 2020 Police stopped an interfaith wedding between a Hindu woman and a Muslim man in Lucknow, citing the newly passed Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, after receiving complaints from Hindu outfits. The police intervened just a couple of minute’s before the beginning of the ceremonies of the wedding, despite the consent of the families of both the Hindu bride and Muslim bridegroom.¹ This very well shows us how the Uttar Pradesh government and police are misusing the new anti-conversion law in the State.

As we know the Police is a State subject. India being a Quasi-Federal Polity consisting of different States having their own powers and functioning under the Constitution of India. The Federal laws are trailed by the Police and Judiciary. The framework of criminal administrative justice followed in India is the antagonistic arrangement of custom-based law acquired from the British Colonial Rulers. There is a long recognised need for police reforms in India.

Though judicial controls have been going on in a very satisfactory way ever since India became free in 1947 and everybody is free to approach the courts when they feel that they are being deprived of their rights as a citizen of India. However, the collegiality between the Judiciary and Police seems to be lacking a lot because of which the citizens are suffering in criminal administration justice. Although Police are given extensive powers to enforce the law and they play an important role in the criminal justice system, they have become an instrument of administration to fulfil the whims and fancies of Political powers.

Many such cases of Police power abuse against students, children, senior citizens have been brought up in Courts. On 21^st Oct’ 2020, a senior additional District Judge, Dr. Dinesh Kumar Pradhan, was allegedly abused, threatened, and chased by a police sub-inspector (SI) named Pranav of the Town Police Station in Aurangabad when he was on an evening walk. The Bihar Judicial Services Association and The Association of Judge sare still fighting for justice from past 2 months despite their complaints made to DGP, Patna High Court and the Hon’ble Supreme Court.²

In early Dec 2019 Police brutality and detention of students, activists and citizens, including allegations of custodial violence against a 66-year-old Muslim cleric in Uttar Pradesh in connection with anti-CAA protest was brought into Court.³ On 19 March 1991 State of Maharashtra vs. Ravi Kant Patil, an under-trial prisoner was handcuffed, arms tied with a rope and paraded through the streets, being subjected to humiliation and indignity. In 1989Saheli vs. Commissioner of Police, Delhi, a nine year old child was severely beaten up by the police and later died.⁴

On 6^th October 2020 The Supreme Court voiced its concern over reluctance of police to arrest and produce lawmakers against whom criminal cases are pending and termed it as a “serious” matter. The top court was apprised that the total number of cases against sitting and former lawmakers as per the latest reports are 4,859 while the total number of cases as per earlier reports filed in March 2020 were 4,442.⁵

There is a public perception that the wrong doing by the police is to a great extent while they have very less accountability, redress or compensation for victims of abuse of power and criminal behaviour. Internal inquiries are not transparent and lengthy. They don’t provide assurance to the general public confidence. “Who will police the police? Police methodology with sinister potential to human liberty deserves strong disapproval and constitutional counteraction by this court,” the Supreme Court observed in Prem Chand vs. Union of India in 1981, which remain unchanged even after four decades of its enforcement.

Very little is ever done on the ground to improve policing or implement recommendations put forth in form of committees or commissions. In 2006 that the Court delivered its verdict on what is popularly referred to as the Prakash Singh case- which was a petition filed in the Hon’ble Supreme Court by a retired Senior Police Officer u/a 3218, urging to Government of India to form a NEW POLICE ACT to ensure that Police is made accountable essentially to perform a dual role of a law enforcing agency and an institution to protect citizens’ rights with autonomy, accountability and efficiency. The Supreme Court ordered that reform must take place to bring changes in Police system of our country. The states and union territories were directed to comply with SEVEN binding directives that would kick start reform. These directives pulled together the various strands of improvement generated since 1979. The Court required immediate implementation of its orders either through executive orders or new police legislation. Initially, the Court itself monitored compliance of all States and Union Territories. However, in 2008 it set up a three member Monitoring Committee with a two year mandate to examine compliance state by state and report back to it periodically.  But unfortunately no action regarding those reforms have been taken yet.⁶ Only major action visible in regard to those reforms is recent Supreme Court order of installation of CCTV cameras in all the Police Stations across the country.⁷

If the Central Government along with the Judiciary ensures that the State Government doesn’t exercise unwarranted influence and pressure on Police by way of transfers, postings, promotions, or any service related matters by setting up an independent Pseudo-Judicial committee on similar lines to Election Commission of India or giving special protection to Policelike the protection provided to Judiciary, then there can be chances that Police can do justice to their jobs due to less political interference. This committee can also act as a grievance redressal forum for Police against the Legislative. Having members from retired judiciary and administrative services can serve the purpose of this committee.

Another way of gaining the long-lost trust of people on the Police of our country can be by setting up a Board or Committee which can take and make sure proper action against the complaint made by the public against erring Police officers. The above-mentioned committee can also serve this purpose as well. This might help in keeping the check on Police officers who have become patronage of a few Political parties. At last, there should be a way to check about the duties performed by Police officers in matters of investigation, registering complaints and FIRs, action taken on them, and actions are taken on petty crimes in those areas by communicating with the local public or setting up a committee which would include members of the local community for a continuous update on these matters. This would certainly improve public trust in Police and reduced crime rates in India.

References:

1. https://indianexpress.com/article/india/lucknow-families-give-consent-but-cops-stop-interfaith-wedding-cite-anti-conversion-ordinance-7090924/
2. https://www.livelaw.in/top-stories/police-attack-on-bihar-district-judge-lawyer-files-pil-in-supreme-court-seeking-court-monitored-inquiry-165297?infinitescroll=1
3. https://www.thehindu.com/news/national/supreme-courts-38-year-old-question-who-will-police-the-police/article30446854.ece
4. https://indiankanoon.org/search/?formInput=misuse%20of%20police%20powers%20by%20the%20police%20
5. https://www.moneycontrol.com/news/india/reluctance-of-police-to-arrest-and-produce-lawmakers-serious-matter-sc-5930911.html
6. https://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/seven_steps_to_police_reform.pdf
7. https://www.tribuneindia.com/news/nation/sc-orders-installation-of-cctv-cameras-in-all-police-stations-across-india-178995.
8. picture: vama communications