Stakeholders in Child Rights

If we deprive children of certain rights like voting, employment, driving, marriage, property etc. on grounds of immaturity, inability to reason, limited knowledge, lack of judgement and developing physiology, it is then the duty of ADULTS to nurture and protect them for these very same reasons.

Given that adults are mature, have the ability to reason, are knowledgeable, have a sense of judgement and are physically and mentally fit, we owe it to all children that we shall act and take decisions on their behalf which are legal, moral, ethical and in their best interest. Therefore, every adult citizen, whether a parent or not, is a stakeholder in child wellbeing and a perpetrator, directly or indirectly, in offences against our children.

Take a close look at this picture. If we had to compress the child's world into our palms, this is what it would look like from the top. The child is the nucleus, being nurtured under the wings of many stakeholders or social institutions. Each of these institutions play a pivotal role in the survival and development of every child and are interdependent for this purpose. None of the stakeholder can benefit a child in isolation. The difference between them is their proximity with the child and scope of their responsibility towards the child.

THE FAMILY

Biological, adoptive, foster or guardians- 'Family' refers to the primary caregivers or the closest primary unit to the child that is directly or indirectly responsible for the wellbeing and care of the child.

In theory, 'a parent' is either the natural or step or adoptive father or mother of a child. While guardians refer to the person having the care and custody of that child. It could include a natural guardian or one appointed or declared by a Court or a statute.

There is no single provision that spells out all the rights and duties of parents but every law for children stresses on the role and responsibility of parents towards the wellbeing of their child. In our legal system, a parent’s responsibility and duty towards their children starts even before conception. The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and The Surrogacy (Regulation) Act, 2021, prohibit any discrimination via sex detection and sex determination of a child right from the stage of the Zygote (single cell) to the Embryo (upto 56 days) and leading to the complete development of the foetus (57 days to birth).

Let's Understand

Physical Custody: Every law in child rights states that uniting or integrating a child with his/her parents is of utmost priority. Every child enjoys the right to family and all parents have the right to have their child live with them.
Legal Custody: The right of taking decisions on behalf of the child for matters like education, healthcare, religious practice and other significant matters laid down by the state, lies with the parents.
Parental Consent: Other than the right to make decisions on the child’s behalf, parents’ consent is mandatory before any decision is taken by another stakeholder on behalf of the child.

The Rights of Parents

Duties as Parents

Raise and care for a child without any discrimination
With actions and decisions that are in the best interest of the child
While ensuring healthy development of the child
With/not against the consent of the child

In addition, in the Indian Context, it is the responsibility of parents to ensure their children are guaranteed:

The Right to Life (with equality, safety, care, non-discrimination &) Freedom)
Right to Education
Right to healthcare and Healthy Development
A safe and conducive environment for nurture and development
Special attention and care (provided by the state but executed by parents) in cases of disability and special needs

Any violation of a child’s rights usually arises when there is a compromise in one of the above. It is, in one form or the other, a manifestation of what we call ‘Neglect’. Abandoned children, children in conflict with law, child labourers, out of school children are all victims of neglect. However, neglect may also go unnoticed in the most unexpected environments. For more information please refer to to 'Neglect'. In an event where other stakeholders, namely the state is convinced that the child's home or family is a threat to the wellbeing of the child a parent’s or both parents’ right to custody of their child may be revoked by a court order or statute.

THE SCHOOL

A School is the only social institution that has the power to influence the behaviour and development of an entire generation of children at any given point in time. The nature and nurture of every child differs but it is a school that is able to balance it in a way that teaches children to live with harmony in society. The United Nations believes that “Education is the basic building block of every society. It is the single best investment countries can make to build prosperous, healthy and equitable societies.”

Back home, The Right to Free and Compulsory Education Act, 2009 is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is therefore not merely the responsibility of schools run or supported by the appropriate governments but also of schools which are not dependent on Government funds.

Let's Understand

Education is not an option, it is the fundamental right of the child and is binding to guardians and the state to fulfil it.

A schools is a social institution that has been established to provide holistic and inclusive education to children. Its purpose it to serve children by working with other stakeholders like teachers, guardians and state departments.

It is the responsibility of the State and the local community to ensure that a child has easy access to quality and affordable education in her/his neighbourhood. In the absence of which, steps need to be taken to make the necessary provisions.

The School has certain duties towards the child and guardians as defined in the Right of Children to Free and Compulsory Education Act, 2009*. The National Education Policy 2020 supplements the Act with guidelines and recommendation to improve the quality of education in the country

Irrespective of the nature of the school (government, government aided, minority or private) and the Board of education it is affiliated with (CBSE, ICSE, State Board, IB or IGCSE), it is mandatory for schools to be registered with the Government and must meet the minimum standards set for educational institutions in the country.

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THE STATE

The State assumes significant responsibility in protecting our children, both as a watchdog and as a guardian. The government machinery for child protection is a complex network with multiple stakeholders. From drafting legislation for their welfare and protection to providing a safety mechanism for all children, the government is the ultimate custodian of child rights. The buck stops with the government. If the state fails a child, the child has nowhere else to plead.

For a better understanding of the network of government stakeholders, please refer to the diagrams below.

We have divided the entire system into three parts-

The Union
The State
The Grassroot & Local (District level) Child Protection system.

Please note that we have included each stakeholder as per the constitutional provisions and not their current status on ground. For example, one may not find a Child Welfare Police Officer in every police station or a District Child Protection Unit in every district in the country. This is the child protection framework as provided in the Constitution of India, whether or not it has been implemented in practise & spirit is debatable.

The State Machinery for Protection of Children in India

Child Protection at the Grassroot

COMMUNITY / SOCIETY

The word ‘Community’ is derived from the Latin word ‘commun’, meaning ‘common’. This word is also the root for ‘communicate’ which means to share our understanding or to have understanding in common and ‘communion’ meaning experience or have experience in common. However, there can be no COMMUNITY without UNITY- the act of working together towards a common purpose.

Let's Understand

The Constitution of India does not, as per the rule of law, identify ‘the community’ as an active stakeholder in the wellbeing and protection of our children. This is because society is an abstract concept and cannot be defined in tangible terms. Having said that, community is nothing but a congregation of all stakeholders, coming together with a common purpose ie. to protect our children. In a community members do not distinguish between roles, responsibilities and duties. There is only a commitment towards a cause and shared desire to fulfil it.

Community is pivotal in child rights because:

No stakeholder is a powerful as an united community in their ability to influence change.
Children cannot advocate their own rights or vote for their representation, only 'Society' can act as their proxy.
The Multidisciplinary Approach: The Community is pool of diverse skill sets, ideologies, values and knowledge, when together, can work in the best interest of the child.
All other stakeholder are bound to a child by constitutional duty and responsibility making the relationship with the child more formal rather than compassionate. Society's relationship with the child is mutual beauce how society nurtures its children today will influence how we are cared for by these children as adults tomorrow.

Article 42 of the United Nations Convention on the Rights of the Child states that every child and adult must be aware of The Rights of a Child. In addition, every legislation on child protection states that is the the responsibility of the concerned Government and Authority to spread awareness about child protection provisions in order to educate and empower society towards safeguarding our children.