Child Welfare Overview

The Indian Child Welfare Act (ICWA) of 1978 is a federal law that addresses the removal and placement of American Indian children in out-of-home care. It was enacted due to concerns that American Indian children were being removed from their families and communities at disproportionately high rates compared to non-Native children. ICWA sets guidelines for placing Indian children in foster and adoptive homes and ensures that Tribes and families are involved in child welfare cases. Resources related to ICWA, including those for Tribal, State, and local levels, are available for further information.

Demographic Situation

Children are the most valuable asset of any nation. Their development is crucial, and the best way to cultivate national human resources is by ensuring the well-being of children. India, which has the world’s largest child population, is making significant efforts to promote the welfare and development of children. Although considerable progress has been made in securing children’s basic rights, there is still much work to be done. The nation remains committed to prioritizing the basic needs and rights of all children, who are particularly vulnerable to exploitation and abuse. Special emphasis is being placed on improving the lives and opportunities of the girl child, who faces discrimination at every stage.

Constitutional Provisions

As advocates for human rights and the rule of law, we affirm the following constitutional provisions:

• Article 14: Guarantees equality before the law and equal protection under the law within India.
• Article 15(3): Allows the State to make special provisions for women and children.
• Article 21: Protects life and personal liberty, ensuring no one is deprived of these except by lawful procedure.
• Article 21A: Mandates free and compulsory education for children aged six to fourteen years.
• Article 23: Prohibits human trafficking and forced labor.
• Article 24: Bans the employment of children under fourteen in hazardous occupations.
• Articles 25-28: Ensure freedom of conscience, religious practice, and propagation.
• Articles 39(e) and (f): Direct the State to protect children from abuse and exploitation, and to ensure their development in conditions of freedom and dignity.
• Article 45: Calls for the provision of early childhood care and education until the age of six years.

National Policy for Children

India’s National Policy for Children commits to providing comprehensive services for children from birth through their developmental stages. This includes health programs, supplementary nutrition for mothers and children, free and compulsory education up to the age of fourteen, and the promotion of physical education and recreational activities. Special consideration is given to children from weaker sections of society, such as SCs and STs, and to preventing the exploitation of children. The Government of India adopted the National Charter for Children, outlining the government’s agenda for ensuring children’s rights to survival, health, education, protection, and empowerment.

National Plan of Action for Children 2005

The Ministry of Women and Child Development prepared the National Plan of Action for Children 2005, aligning it with the goals set during the UN General Assembly Special Session on Children in 2002 and India’s Tenth Five Year Plan. This Action Plan includes strategies and activities aimed at improving children’s nutritional status, reducing infant and maternal mortality rates, increasing school enrollment, and achieving universal primary education. The plan is monitored quarterly by the Prime Minister’s Office.

Key objectives include:

• Reducing the Infant Mortality Rate (IMR) to below 30 per 1,000 live births by 2010.
• Reducing the Child Mortality Rate to below 31 per 1,000 live births by 2010.
• Reducing the Maternal Mortality Rate to below 100 per 100,000 live births by 2010.
• Ensuring universal access to safe drinking water and sanitation by 2010.
• Eliminating child marriages by 2010.
• Eradicating disability due to poliomyelitis by 2007.
• Reducing infant HIV infections by 50% by 2010.

Government Schemes and Projects

The Government of India implements various schemes and programs through multiple ministries for the welfare of children, including:

• Integrated Child Development Services (ICDS): Provides food, preschool education, and primary healthcare to children under six years of age and their mothers.
• Rajiv Gandhi National Creche Scheme: Offers crèche services for children of working mothers, providing supplementary nutrition, emergency medicines, and care for children aged 0 to 6 years.
• National Nutrition Mission: Focuses on addressing malnutrition in children.
• Integrated Programme for Street Children: Aims to provide comprehensive support, including education, vocational training, and healthcare, to homeless and street children.

Recent Initiatives

The Commissions for Protection of Child Rights Act 2005 established the National Commission for Protection of Child Rights (NCPCR) to enforce children’s rights and ensure the effective implementation of laws and programs related to child welfare. The NCPCR is tasked with reviewing legal safeguards, studying treaties and international instruments, and promoting research and awareness in the field of child rights. It also has the authority to inspect institutions housing children and to take remedial actions where necessary.

The National Commission, supported by the government, ensures that child rights are upheld across the country and that children, especially those in vulnerable situations, receive the care and protection they deserve.