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  • Obstacles In the Path of Education for All

    By Saamya Gautam* & Sachi** “Education is the most powerful weapon which you can use to change the world”. ~ Nelson Mandela Introduction Education is the basis of society that provides economic success, social stability, and political stability. It empowers people to express themselves and demonstrate their true potential. Education and educational methods in schools and educational institutions that are consistent with the United Nations Convention on the Rights of the Child are referred to as children's human rights education. It promotes social cohesiveness and national identity by acting as an integrative force. United Nations Convention on the Rights of the Child makes it a legal responsibility of the signatory states to provide their children with this basic human right. The Constitution of India, after its 86th amendment in 2002, included Article-21 A, which mandates free and compulsory elementary education for children under the age of 14 without any kind of discrimination. are as follows, Right of free and compulsory education -Article 45 of DPSP; Education for women - Article 15(1) (3); Promotion of education and economic interests of SC, ST and other weaker sections - Article 46; Religious education -Article 25 28(1), (2), (3); Education of minorities, protection of interests of minorities- Article 29[1] are the constitutional provisions that deal with equality in education. Despite the existence of these several legislations, India's literacy rate is 74.04 percent as of 2011. In contrast, the average global literacy rate is 84 percent. When it comes to access to education, discrimination includes various factors that prevent students from having equal access to different levels of education, as well as access to quality education. Students, whether in school or college, face prejudice based on caste, sex, birthplace, and other factors which not hampers their education but also cause them to suffer mental and physical stress. This article is an attempt to get a deeper understanding of their sufferings. Gender-based Discrimination The male literacy rate in India as of 2011 is 82.14% which is 16.68% greater than the female literacy rate. The figures are not much astonishing as gender discrimination cases are very prevalent in our country, specifically in remote areas. The gender difference in education is one of the most fundamental problems faced in developing countries. Not only females are victims of gender discrimination but also the citizens belonging to the LGBTQ community. Nearly three-quarters of LGBTQ students experience verbal abuse because of their sexual orientation, and more than half have experienced verbal abuse as a result of their sexual orientation. With education institutions being shifted online during the pandemic, the situation even worsened. According to the most recent data from IAMAI-Nielsen, about 30% of the rural population has an internet connection, compared to more than half of urbanites. This percentage climbs to 65 percent in major cities. An apparent gender disparity runs through these axes. Women account for only 35% of all internet users. Impacts Gender-based Discrimination Women's position in society has a direct impact on the health of that society. Young girls are not educated in many communities because they are seen as a drain on the family's resources. Negative school settings have long-term implications for LGBTQ children, which influence future life choices such as further education, as well as self-esteem and depression. The same applies to the females of remote areas. The figures mentioned in the above paragraph clearly demonstrate that women are being denied access to schooling during the pandemic since everything has gone online, which could hamper their future growth. Caste-based Discrimination The Indian Census of 1901 formally established the specific castes of Brahmin, Kshatriya, Vaishya, and Shudra. The lowest caste — the “untouchables” or Dalits — was considered so beneath Indian society that they were not recognized in the census. Following independence, the government worked to establish a "casteless society." In university admissions, government employment, and political positions, caste was legally abolished. A system of quotas or reservations was established for the once "untouchable" caste groups (Scheduled castes or SCs and Scheduled tribes (STs). According to a survey conducted by an IIT in 2018, individuals from the SC/ST groups made up 18.3% of the population in the 17–25 age range in urban India in 1999–2000. However, only 11.3 percent of them had completed high school (2008). Only 7.4 percent of college graduates were from the SC and ST categories (2006). Despite the fact that a considerable number of constitutional rights and legislation against discrimination exist, the marginalized communities continue to experience prejudice in India. Children from Dalit groups, ethnicities, and Muslims are often forced to sit in the back of the classroom or in separate rooms, called derogatory names, denied leadership roles, and are served last. Even children from traditional wealthy households are asked to clean toilets merely because they belong to lower caste communities. Impacts Caste-based Discrimination on Students Jayshree Banoja's 77-page report, titled "They Say We're Dirty: Denying an Education to India's Marginalized," mentions about a kid stating, "The instructor usually had us sit in the corner of the room, and would throw keys at us [when she was furious]."We only got food if there were any leftovers after the other kids were fed. We eventually stopped attending school. Marginalization, social isolation, and physical abuse occur at every level of schooling, from elementary to university. Civic services such as power, water, and sanitation are poor in regions with a preponderance of SC, ST, or Muslim groups, according to a UNICEF report from 2014. Due to a variety of social and physical reasons, Dalit illiteracy and dropout rates are pretty high. Discrimination against Dalits is similarly widespread at higher education institutions, where senior upper-caste students commit discrimination, instructors, faculty, and administrations, resulting in mental and physical harassment of students, which eventually deprives them of education. The pandemic has destroyed the whole globe, but it also has turned the coin for Dalit students as the mode of education goes online, which has lessened the humiliation and discrimination faced by the students. Courts on Online Studies In-State of T. N v. K. Shyam Sunder[2], the Hon'ble Supreme Court declared that a child's right to education should not be limited to free and compulsory education but should also include access to high-quality education without regard to economic, social, or cultural factors. A bench comprising Justices A.M Khanwilkar and Dinesh Maheshwari said educational institutions should be attentive to the hardships people are experiencing as a result of the epidemic and make efforts to help students and their parents during this challenging period. It stated that demanding money for services not supplied to pupils amounted to profiteering, which institutions must avoid. The Supreme Court ordered governments to provide child-care institutions with the appropriate infrastructure, stationery, books, and other resources for online lessons. During the Covid-19, a court led by Justice L. Nageswara Rao further directed all states to give '2,000 per month to children returned to their guardians. The court also urged state governments to investigate whether children had access to education during the lockdown and got sufficient financial assistance to complete their studies. Way Forward Although a number of significant efforts have been made to reduce educational discrimination, attention must also be given to the fact that it has not yet completely disappeared. Children have grown to be a significant component of the general population, and prejudice in schools is increasingly affecting them. Every youngster has the ability to grow into a leader. A few measures that can be adapted to provide education for all can be as follows: Sensitize children, parents, teachers, education authorities, and government officials that zero prejudice shall be tolerated in school education. Spread public awareness about equal rights of children in education. Monitor prejudice and violence in schools Monitor Right to Information and provide adequate evidence Conclusion Discrimination in the area of education leads to individual misfortunes, which, in turn, has an impact on the rate at which a community or a nation progresses. To address educational equity, substantial changes in legislative provisions, steps toward teacher sensitization and training, actions to improve government implementation, monitoring, and enforcement capacities (particularly at the middle levels of the education machinery), and increased funding for education are just a few of the steps that must be taken. There is a widespread need to change public opinion to persuade individuals, parents, and officials that justice is possible and educational diversity is unacceptable. While India is physically and culturally diverse, it also has significant economic diversity. As it can be witnessed around all of us that at present, only a small percentage of Indians have access to online education. Power outages, poor or inaccessible internet access and the inability to afford the necessary gadgets are all significant problems. It is high time to focus on the solutions rather than blaming the situation. Unless all educators and children are vaccinated, the risk of Covid-19 at educational institutes will prevail. Therefore, online education can protect people from becoming infected with the virus until everyone is vaccinated. References [1]Vol 1, D. D. BASU, INDIA: COMMENTARY ON THE CONSTITUTION OF INDIA, 3rd Edition, (S. C. Sarkar & Sons 1955). [2] CIVIL APPEAL NOS.6015-6027/2011 */** 1st Year, B.A. LL.B. students at Faculty of Law, University of Lucknow (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Rights in Crisis: Children and Women in India

    By Rishika Verma* & Anik Majumder** The second wave of COVID-19 wreaked devastation throughout India, with a peak of over 400,000 cases being recorded at one point in time, leading to a countless number of families losing their loved ones. According to reports, The National Commission for the Protection of Child Rights informed the Supreme Court that the pandemic had led to orphaning of 1,742 kids, along with which at least 140 were deserted, and 7,464 kids had lost at least one parent. The majority of these kids are from weaker sections and therefore lack a guardian that would look after their necessities. Bihar recorded 1,327 such instances. COVID-19, in actuality, has the potential to undo most of the gains in the world of gender equality that advocates for the same cause have spent their entire careers looking into. Considering the ephemerality of the viruses’ impact as well as the time period it would persist, including the ecosystem's fledgling insight of just how beneficial or efficient the approach has been, it is critical to consider COVID-19's protracted influence on the women in India. According to some assessments, its protracted consequences may be severe enough to reverse decades of progress towards women's empowerment across the globe, seeing as, in a frenzy to handle the growing public safety emergency, numerous countries neglected preparation of responses with gender in mind. The pandemic has had a protracted influence on mental well-being. It, therefore, has led to a rise in the occurrence of repressive gender bias expressions like abuse against women. The National Commission for Women has reported a twofold increase in domestic abuse claims while women and children seek safety from their abusers; the elimination in work for women holding a bulk of unstable, unorganised, and low-paying jobs; along with the danger taken by nurses are overwhelmingly female. Almost 83 per cent of such frontline employees remain to be female nurses who have been risking their lives on a routine basis. Nevertheless, numerous households with such victims of domestic violence, involving both women and children, do not always feel secure in their own homes. The virus has wreaked havoc on the economy. It has cut countless people from social services and help networks, sparking tremendous fear and terror. Similar circumstances might potentially encourage aggression within households where it did not initially exist, as well as aggravate circumstances in households where maltreatment and aggression were a norm. Furthermore, although the orphans of the virus have grabbed national attention, India's kids are secretly subjected to a slew of additional threats, notably starvation, school dropout, child marriage, and child prostitution. Children represent society's most fragile demographic. Since they are reliant upon others, exercise the lowest amount of power, and hold almost no influence within their lives. Any infringement of the laws would be considered a crime. Teenagers get confronted with law enforcement authorities as they are being charged for the crimes committed by them. Boys or girls under 18 who have been charged with the crime are imprisoned under the framework of juvenile justice in India. Throughout every district within the country, a Juvenile Justice Board has been established that exercises authorities and performs tasks pertaining to juveniles/children facing a dispute with legal authorities. The Juvenile Justice Board typically conducts a primary investigation to decide if a juvenile offender should have been transported into rehabilitation or be prosecuted as a person with the age of majority. Likewise, the Child Welfare Committee deals with youngsters that are "in need of care or protection," that is, youngsters who are from disadvantaged or marginalised areas of the social system, including the ones with specific requirements or weaknesses; it aims to determine organisational treatment as well as rehabilitative services for youngsters that require safety and security. The Indian Juvenile Justice System has been based upon the Constitutional mandates of Articles {15(3), 39 (e) & (f), 45 and 47}[1], and various regional and global stipulations such as the 'United Nations Convention on the Rights of the Child' or the 'United Nations Standard Minimum Rules for the Administration of Juvenile Justice'. Throughout India, everyone under the age of eighteen is referred to as “a child." The Juvenile Justice system considers its legislative approach aiming at two aspects of the minor participants: minors who are "in violation law" and minors that" lack safety as well as treatment." The revised legislation enhances its juvenile justice system's precautionary stance concerning minors in dispute with legal authorities and youngsters who require support and assistance. The Juvenile Justice Act of 2015 reclassified the "Juvenile" in violation of legal authorities as a "child in conflict with law" Minor, severe, and egregious acts have also been classified. During the initial examination by the Juvenile Justice Board, minor's aged between sixteen and eighteen might be prosecuted as adults in situations of severe crimes. The State Government could, through a notification in the Official Gazette, establish more than one Child Welfare Committees at each constituency or district as specified within the notice to exercise the authority granted through this Law concerning minors who need safety or protection. Child Welfare Committees is essentially created for evaluating allegations concerning juvenile abuse or minors who are likely to be hurt as well as to seek assistance. Child welfare committees at every constituency are vital for the development of a child-friendly society. A juvenile in need of safety and protection is frequently brought before child welfare committees seeking relocation in some kind of a safe setting. This Committee does have an ultimate say in issues involving rehabilitation, development, and treatment of minors, including the availability of necessities including protection of human rights. Based upon the National Crime Records Bureau's latest Report, Bihar possesses quite a significant prevalence of child trafficking with the frequency of more than once a day, thereby making it amongst the nation’s deadliest. Based on the National Crime Records Bureau, Bihar finished third in 2017[2], right after Rajasthan & West Bengal, with 362 minor boys and 33 minor girls being rescued from the hands of traffickers. Slave labour, as well as human trafficking, wreaks havoc on the state's poorest and vulnerable households. Most of these individuals are one's experiencing a lack of social stability; a majority of these individuals engage in daily pay labour and seasonal agriculture work. Throughout the vast majority of situations, parents voluntarily push their kids forth into work. In fact, without a proper rehabilitative strategy, minors who end up being rescued and sent home are all at risk of being targeted repeatedly. The government's reply period remains inordinately long. It will save many if all young kids who are at risk of being trafficked are recognised at the grassroots with the help of the child protection committee. Orphaned youngsters are a rapidly expanding portion of the society that legislators continue to overlook. It is indeed necessary to analyse and diagnose psychological issues in such confined youngsters to develop appropriate management strategies keeping them in mind at the appropriate time. So as to determine what services and amenities improve child welfare, iterative method research should be undertaken in areas affected by the pandemic. Youngsters are highly susceptible, and one single traumatic experience involving any maltreatment can significantly affect them. Gender-based abuse has been on the rise as the COVID-19 virus continues to cause more and more economical and social hardship, along with restrictions on travel accompanied by alienation. Countless females are now compelled to work around their households while accompanying their perpetrators while programmes to help victims continue to be interrupted or deemed unavailable. COVID-19 is particularly tough upon women since the Indian economy is also particularly tough upon women. At the same time, the virus specialises in escalating pre-existing conflicts. Minor's, as well as human rights, need to be specifically tailored for the concerns, desires, and general well-being of youngsters. Authorities need to consider their vulnerability, unique characteristics, including age-appropriate needs. Child rights attempt to reflect the importance of a youngster's upbringing accurately. Human rights arise because they guarantee that individuals are treated fairly and efficiently throughout the globe so as to enhance their quality of life. However, the rights of a minor go further than that. Owing to some special demands arising from particular weaknesses, minors, regarded as anyone below the age of eighteen, require more than merely human rights. It is simply impossible not to emphasise the importance of families or guardians and friends in the administration and the fulfilment of minor's rights. Initiatives within the field of rights of minors are almost entirely focused upon changing national policies and amending legislation, with little regard for social structures. Giving minors human rights alone is not enough. They must understand their rights and how to seek assistance when in danger. Minors should be informed of their rights and how to exercise them through social awareness programmes, as well as counselling. References [1] THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015. NO. 2 OF 2016 [2] National Crime Records Bureau Statistics Volume I */** 2nd-year students at Symbiosis Law School, Noida (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Street Children during Covid-19

    By Khushi Singh, a 2nd Year student at The ICFAI University, Dehradun “Sometimes you get so tired of each day, you wish it was over. But it just goes on and on, like the silent prayers that forever go unanswered." - Darlenne Susan Girard, freefalling It's never a choice to be on the streets. Circumstances, various forms of abuse, or trauma aftermaths can all lead to a person being homeless. The majority of us are fortunate to have a family, a home, and a pleasant and happy life, but this is not the situation for everyone. Not every child has parents to care for, school to go to, or parties to attend. We celebrate every occasion with joy, but do we ever ponder how street children live their lives and celebrate festivals? The scenario as a result of Covid 19 has had a more significant influence on the lives of several street children, with many untold consequences for street children who are unable to earn a daily income and rely on the benevolence of informal street activities for their entire livelihood. This blog addresses the plight of street children, the difficulties they faced during Covid 19, and the government's and people's positive approach toward these children. Who are these "Street Children"? Minors who live and survive on the streets are known as street children. They can be found sprouting up in public landfills, train stations, and under bridges in major cities worldwide. Every child on the streets has a reason for being there. These children are deprived of their family’s affection and protection. Many children end up living on the streets as a result of extreme poverty. There have been numerous definitions of street children, but no precise category has been established. According to the definition of UNICEF, "street children" fall into three categories: Children "of" the street (street-living children), who sleep in public places without their families. Children "on" the street(street working children) children who work on streets in the daytime and return to their homes at night Children who live with their family on the street (street-family children). Terming’s like “teenage beggars”, “street children”, “homeless kids”, “street boys”, “street bums”, “parking boys”, “city nuisance” and “children in tough situations” have also been used to describe them. Struggles of Children on the Streets Hundreds of millions of children around the world live or work on the streets. The number continues to rise as a result of population growth, urbanization, and migration, particularly in emerging countries. The difficulties that street children confront are indescribable. Thievery, pickpocketing, drug trafficking, and prostitution are among the illegal acts they are forced to engage in. They are also forced to work for more extended periods. These children are forced to work in dangerous environments and lack of access to education and skills prevents them escape the cycle of poverty. Street children frequently lack access to both nutritious and sufficient food, and they also lack the financial means to purchase a proper one-time meal. These children lack access to health care and are vulnerable to a variety of diseases. They are typically discriminated against since they are perceived as outcasts. Some children stated that due to their appearance, they were discriminated against during food distribution efforts. As a result, many street children turn to narcotics like heroin, cigarettes, cannabis, and other substances to cope with their challenges. Crises on top of Crises The vulnerability of street children has been exacerbated by Covid 19. Their condition has worsened. The virus has devastated the young and the old, the rich and the poor, but they exacerbate the latter's vulnerability. Living on the streets is bad enough, but COVID-19 added to the suffering of street people, especially children. Curfews at night and lockdowns had further added to their difficulties. Another problem was a lack of knowledge about the infection and establishing social distancing. Every day, they meet new people, eat from the same plate, sleep together and wear masks thrown by the side of the road, some others don't even wear a mask. These reasons make street children most susceptible to the virus. These children even lack access to medical care. Not only these children are threatening their health, but they are risking the health of the entire society. Fever, fatigue, shortness of breath, and other frequent symptoms of covid 19 may have already affected these children without their knowledge. During lockdown periods to combat the pandemic, tens of thousands of people were ringing helplines every day, and thousands were going to bed hungry. The millions of homeless children who lived in cities - on streets, under flyovers, or in small lanes and by-lanes were the hardest affected, according to Sanjay Gupta, director of Chetna, a Delhi-based non-profit that works with child labourers and street children. “During the lockdown, everyone has been ordered to stay at home,” he continued. But what about the children who live on the streets? “Where do they go?”. These children will inevitably perish from hunger, and Covid 19 has increased the death rate of street children even further. These children are unable to earn a living as a result of the country's entire lockdown. Due to a lack of access to education, street children are unaware of their rights, worsening their predicament. Scenarios from all over the World I have listed a few instances of the challenges that these street children are facing worldwide, but there are many more like them. The struggle of these street children has an impact not just on underdeveloped countries, but also on developed nations. The city of Nairobi has the highest number of street people, with 15,337, according to the recently conducted national census of 2019. According to data, 37.7% of homeless children have had malaria, 17.7% have had chest-associated ailments, 13.9 percent have had a fever, and 10% have had diarrhoea, stomachache, or sexually transmitted infections. They are more vulnerable to COVID-19 because of their pre-existing health issues. While the city of Dhaka is under stringent mobility restrictions, many children and teenagers continue to cruise the streets gathering debris and garbage to sell. India's condition is also terrible. A Helping Hand Like every child, children on the streets are entitled to a healthy and balanced childhood. During this challenging time, the government, citizens, and several non-governmental organizations (NGOs), worldwide have stepped forward to assist street children and save them from the epidemic by giving them food and shelter. To help and offer vital resources for children, various NGOs run shelter homes and child-centric activities. In light of the pandemic, the Delhi government has drafted a strategy for the welfare of street children that emphasizes the role of many stakeholders in fostering Covid-appropriate behaviour and raising knowledge about the disease. The Women and Child Development Department of the Delhi government drafted the policy (WCD). It also advises that after a child is saved from the streets and reaches the age of 18, they would be trained as civil defence volunteers and would help them and others from the same background live a respectable life. In addition, the policy describes several more criteria for establishing a child's vulnerability. “Fundacion Sonrisas de Bombay” is helping out street children in Mumbai, Maharashtra. The city of Mumbai has aided several street children during this period with the help of a mobile unit known as the "Smiling Bus," which provided them with support, resources, and knowledge to help them deal with this difficult situation. They also distributed masks and ration cards. Similarly, in Senegal, the UNODC (United Nations Office on Drugs and Crime)is collaborating closely with the government to safeguard the country's street children from the deadly coronavirus, in response to UN Secretary-General António Guterres’s appeal for immediate action to assist street children amid the global crisis. Several other organizations are also working to improve the lives of these street children during the Covid 19 crisis. Conclusion Street Children's Day was launched on April 12th, 2011 to give street children a voice to prevent their rights from being overlooked. We might be able to create a better life for street children if we all band together and treat them as if they were our sons and daughters, not discriminating against them because we are aware of their situations. They need us even more in this dire condition. This is an unprecedented crisis, and we must unite together to bring it to an end. I would like to end with a nice and heartfelt quote from Abhijit Naskar, “The greatest happiness in the world is in helping the people you don't know and seeing them happy.” (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Education Amidst Covid-19: Problems Associated with the Online Medium

    By Avikalp Mishra, a 2nd Year, B.A., LL.B.(Hons.) student at NLIU, Bhopal Introduction With the advent of Covid-19, the methods of providing and receiving education have undergone a massive transformation. The virus has forced several educational institutions to shift education to online platforms. This seems to be the most suitable alternative, considering the deadly and infectious nature of the virus. However, the shift to online learning has created problems for a vast majority of those students who do not have access to the internet and digital resources. While the financially stable section of students has been able to cope with online classes and e-notes, the underprivileged students have been rendered helpless. In light of the pandemic and inaccessibility of resources, the online mode of education has become problematic. Prompt action on the part of the state is required to make education as accessible as possible in these trying times. Education and its importance Education has always been significantly valued in ancient Indian scriptures and jurisprudence. The importance of guru (teacher) has been highlighted through several shlokas and texts. As our country progressed over time, the right to education was recognized and acknowledged through certain constitutional and judicial pronouncements. Through the 86th constitutional amendment 2002, Article 21-A was inserted into the Indian Constitution, which guarantees education as a fundamental right. In the landmark judgement of Mohini Jain v. State of Karnataka[1], the Supreme Court observed that the right to education is essential for the realization of the fundamental right to life and human dignity under Article 21. It is important for a state to provide education in an easily accessible and fair manner. The true motive behind providing education will not be fulfilled if those who require it the most for their development are unable to receive it due to financial and social drawbacks. The Indian judiciary has time and again stressed on the fact that simply providing free and compulsory education is not enough. In the case of the State of T.Nadu & Ors. v. K Shyam Sunder & Ors[2], it was observed that education must be provided in a quality manner, without any discrimination on the ground of economic, social, and cultural background. The state is obliged to ensure that the education being provided reaches those students for whom it can serve as a means of empowerment. The Supreme Court rightly observed in the case of Sanjai Kumar and Ors v. Prabhat Kumar and Ors[3] that the state has a sacrosanct obligation to see that the children are educated. Problems of accessibility and the resulting discrimination Electricity is of utmost importance for proper online education. The devices utilized for accessing online education need frequent charging. In the absence of a proper and continuous supply of electricity, the task becomes difficult for students residing in rural and remote areas. Only about 47%, i.e., less than half of the Indian households, receive electricity supply for more than 12 hours a day. The state of computer and internet availability in India is not satisfactory. The lack of digital resources means almost negligible access to education for economically and socially backward children, especially when it has been shifted online. According to the report of the Ministry of Statistics and Programme Implementation, Household Social Consumption on Education in India (2017-2018), only 23% of the urban and 4% of the rural population own computers. The 2017-18 National Sample Survey report on education also presents some concerning data in this regard. Internet facility is available to only 24% of the Indian households. Also, this percentage does not imply that these households necessarily own a proper internet connection. The problem of discrimination becomes even more evident from the fact that among the poorest 20% of households, only 2.7% have access to a computer and 8.9% to internet facilities. Although no one can deny the importance of online mediums in providing education during the pandemic, these facts and figures highlight the problem of discrimination and inaccessibility owing to the same. Article 3 of The Right of Children to Free and Compulsory Education Act, 2009 clearly states that all children aged 6-14 years shall have the right to free and compulsory education. However, the present situation does not account for this provision. Most of the financially affluent students are able to pursue education during the pandemic, while financially unstable students who do not have enough money to afford digital devices and the internet lag behind. The inability to access online education has also lead to increased student drop-outs. Owing to the fact that the schools are now closed, the underprivileged students are also not able to access mid-day meal schemes in many states. Aspects related to the well-being of students In its true sense, education is not only limited to providing knowledge and information but also the proper development of the individual. The Universal Declaration of Human Rights, 1948, recognizes education as a human right. It also states that education shall be directed at the full development of human personality. However, this objective is not realised effectively in the online medium. Those students who are fortunate enough to access online education also suffer from several problems. They do not get enough opportunities to interact and communicate with their classmates and teachers (mostly due to connectivity problems), which curbs their curiosity and critical thinking. Online education also has an adverse impact on both the physical and mental health of students, which includes but is not limited to eye strains, fatigue, headaches, anxiety, and even depression. There have also been some instances of online abuse, cyberbullying, and exposure to abusive content during online classes. Responsibilities of the State and the steps taken The statistical data shows that online education would lead to a large number of students being unable to further pursue their education due to a lack of suitable resources available to them. The responsibilities of the government as a welfare state are well enunciated under the Directive Principles of State Policy. It is the duty of the state to promote the educational and economic interests of the financially weaker sections. Additionally, it must also be made sure that proper policies are developed in order to ensure the healthy development of children. Certain policies have been formulated by the government to lessen the negative impacts of a sudden shift towards online education. Nishtha Online program has been initiated to provide online training to school teachers on how to operate the new online systems. Under the e-VIDYA initiative, the Digital Infrastructure for Knowledge Sharing (DIKSHA) has been created, which is a collection of course books for students in eighteen different languages that provides information on the basis of the student’s needs. The state has also established the Swayam Prabha DTH network, which aims to provide education through TV channels. Conclusion and suggestions Though the state has tried to implement several measures to ensure access to education amidst the pandemic, much work remains to be done in this aspect. Taking into consideration the feeble internet penetration rate, and the less availability of resources, these programs would not be of much assistance without proper government funding. Students would be able to access better educational resources and devices if they are provided proper financial support. Additionally, the state must strive to train teachers in such a manner so that the online classroom environment becomes more fruitful and interactive. Online educational content must be curated in a manner that is easily comprehensible and interesting. Furthermore, the state shall continuously endeavour to strengthen internet infrastructure in the country, so that education is imparted in a smooth and effective manner, even amidst a worldwide pandemic. References [1] 1992 AIR 1858 [2] 2011 8 SCC 737 [3] 2020 3 SCC 184 (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Legal Rights of Orphan Children In India

    By Peddireddi Udaya Bhanu* and Nalluri Gowthami** “Children are sacrificed, kidnapped, and sold, while others are imprisoned, abused, and sodomized; the list goes on and on. We are still spectators, despite the fact that this is only the tip of the iceberg.” The second wave of the COVID-19 pandemic, which is currently sweeping India, has orphaned and made children vulnerable. As indicated by assessments in the study published in The Lancet, 1.19 lakh kids in India lost their essential guardian because of COVID-19, placing the country in the third spot.[1] 10.42 lakh children lost either their mother or father, with 1.16 lakh in India. Because of their young age and underdeveloped minds, children require extra attention and protection. They have specific legal entitlements and special privileges that are recognized both nationally and globally. From the Indian perspective, India first time acknowledged children’s rights and enacted numerous measures concerning their liberty, livelihood, and early development, as well as non-discrimination in educational settings and compulsory and free education in its main rule book, i.e., Constitution of India and has from time to time, developed it further for protection of children. [2] It is critical to know the current legislation and processes governing the care and protection of orphaned children. The National Policy for Children of 1974 perceived that children’s projects should become the dominant focal point in public designs for human asset improvement, so kids grow up to be solid residents, in great shape, awake, and ethically sound, with the abilities and inspirations that society gives. Equal opportunities for all children’s improvement during their development stage were additionally underscored in the policy. The National Commission for the Protection of Child Rights (NCPCR) was set up in March 2007 with the mission of guaranteeing that all laws, arrangements, programs, and authoritative systems are in accordance with the viewpoints on child rights cherished in the Indian Constitution and the United Nations Convention on the Rights of the Child. Childhood has been popularly understood as a “golden period” associated with innocence, freedom, joy, play, and the like worldwide. Established Process Anyone who comes across an orphaned child, or any child who requires care and protection under the circumstances, should contact the toll-free Childline number 1098 or the local district protection officer right away. Once an outreach organization rescues an orphan kid, it is the responsibility of that agency to present the child to the district’s Child Welfare Committee within 24 hours. After an investigation, the Children Welfare Committee decides whether the child should be placed in a children’s home, a fitness facility, or a fit person. If the child is under the age of six, he or she will be placed in a specialized adoption agency. As a result, the state looks after all such children in need of care and protection until they reach the age of 18. The Supreme Court of India ordered states and union territories to register all child care organizations in Sampurna Behrua v. Union of India. [3] As a result, any volunteer or non-governmental organization (NGO) that is not registered under the Juvenile Justice Act of 2015 will be unable to host children in need of care and protection. Indian prospective adoptive parents can adopt non-resident Indians or foreigners, in that order, if a child has been proclaimed legally free for adoption by the Child Welfare Committee. Another notable element of the Juvenile Justice Act of 2015 is its secular orientation and straightforward approach. The adoption process is entirely transparent, and its progress may be tracked on the Central Adoption Resource Authority’s website. The Juvenile Justice (Care and Protection of Children) Act, 2015 categorizes orphaned and destitute children in the country as “Children in Need of Care and Protection (CNCP)”. The States/UTs have the main responsibility for enforcing the Act. To help children in need, the Ministry of Women and Child Development is implementing a centrally supported Child Protection Services (CPS) Scheme (previously Integrated Child Protection Scheme). The State Governments/UT Administrations bear significant obligations regarding the plan’s execution. The Central Government is giving monetary assistance to States/UTs under the CPS to direct a situational investigation of children in troublesome conditions and other things. Under the scheme, children in need of care and protection and children who have broken the law are cared for in Child Care Institutions (CCIs). Non-institutional care is also covered under the system, with assistance available for adoption, foster care, and sponsorship. Court Directives to the Police It is frequently stated that ignorance of the law is not an acceptable justification. As a result, if an orphan child is retained by someone who does not have legal authorization, he or she may face legal consequences. The Supreme Court in Bachpan Bachao Andolan v. Union of India[4] directed all Directors General of Police, in May 2013, to register a first information report as a case of trafficking or abduction in every case of a missing child. Each police station must have at least one officer who is not below the rank of assistant sub-inspector undertaking training to deal with children in debate with the law and needing care and security. They do not have to wear a uniform, but they must be child friendly. Similarly, each district is required to have its own special juvenile police unit, led by a Deputy Superintendent of Police or higher. In Re: Child Exploitation in Orphanages in the State of Tamil Nadu,[5] the Supreme Court specifically asked the National Police Academy in Hyderabad and police training academies across the country to prepare training courses on the Juvenile Justice Act, 2015, and to provide regular training to police officers in terms of sensitization. Children are a valuable national resource, and how they grow and develop determines the nation's well-being and destiny.[6] The fundamental goal of giving a child adoption is to ensure his or her well-being and to restore his or her right to a family. Article 39[7] of the Constitution forbids the abandonment of children under the age of eighteen. As a result, orphaned children who have lost both parents or abandoned or surrendered due to the COVID-19 pandemic must not be forgotten and left to face an uncertain future. The authorities tasked with responsibilities under the Juvenile Justice Act of 2015 must look after them. Conclusion Children throughout the world are helpless, defenceless, and reliant. They are all curious, involved, and optimistic. They should have joy and peace in their life, as well as an opportunity to play, study, and grow. These children’s future should be fashioned by peace and collaboration. Their childhood should mature as they widen their horizons and receive new experiences. Abandoning children is a crime against humanity, as it deprives them of a decent foundation. Children cannot wait for tomorrow; they develop every day, and their understanding of the world expands along with them. The objective of their current treatment, security, and recovery is the need of the hour; tomorrow is not a choice. Children are like roses, fragrant yet sensitive. Many childhoods today are lost in loneliness. Let us slow down a little and take our time to ensure that these roses do not wilt before blooming. References [1] Susan D Hillis et al., Global minimum estimates of children affected by COVID-19-associated orphanhood and deaths of caregivers: a modelling study, 398 The Lancet 391, 392 (2021). [2] Dr. Sonia B, Plight of Right to Education of underprivileged children in India: A Pertinent Outlook, 1 Journal on Rights of Child 44, 53 (2016). [3] (2018) 4 SCC 433. [4] (2011) 5 SCC 1. [5] Writ Petition (Criminal) No. 102 of 2007 (Supreme Court of India). [6] Lakshmikant v. Union of India, AIR 1984 SC 469. [7] India Const. art. 39, cl. f. */** 3rd Year, B.A., LL.B. students at Damodaram Sanjivayya National Law University (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Education: From necessity to Luxury

    By Manvee Sharma, a 2nd Year, B.A., LL.B. (Hons.) student at RGNUL, Punjab A big concern among the COVID 19 pandemic and the ensuing lockdown is education in the country, which has come to a standstill. Whether it is school, or colleges, placements or entrance examinations, everything has come to a halt. Recently, UNESCO published a report which says 157 crore students across the world have been impacted due to the enclosure of education institutions. In India, more than 32 crore students have been affected. It shows that 40% of the poorest nations have failed to help vulnerable learners during the COVID-19 crisis and less than 10% of countries have laws that may help them to achieve full inclusion in education. Most schools all over the world have shut their doors due to the deadly coronavirus pandemic. The rushed closures and the instant switch to distant learning have allowed little time for planning the risks and opportunities. Thus, whatever steps were taken to switch to the new normal (virtual classrooms) were taken in a hurry, the consequences of which are still suffered by most of us as they are not accessible to all. Definitely, India was not ready for such a transition. In a country, where people attend schools for mid-day meals, how can virtual classrooms sustain? While the transition for online learning is smooth for private schools and colleges, it is not so for public schools. The biggest issue is the affordability of the necessary devices. Not everyone has enough money to afford mobile devices and good internet connections. Even if some of them manage to do so, there is an issue with the internet speed. The covid 19 Pandemic has created or has kind of exacerbated inequality that already exists in education. The decision that whether the schools should open or not is itself threatening because if schools don’t reopen then the most vulnerable children will fall behind. On the other hand, if we open schools our most vulnerable population might be more affected by the increase in the COVID 19 in the community. Thus, however, we do it, we always have to keep equity at the forefront of our minds because otherwise, it’s just going to exacerbate the inequalities that already exist. Annual Status of Education report showed that just 11 percent of all students enrolled in both private and public schools used online lessons, another 21.5 percent used videos or recorded classes. In addition, just 8.1 percent of registered pupils in government schools were taking online lessons across the country. While most private schools have the required infrastructure to provide their students with all the benefits of e-learning, government schools have always struggled to provide adequate equipment and proper facilities. The quality of education varies greatly between public and private schools. Even now, distinguishing factors such as classroom infrastructure, extracurricular activities and quality of teachers and several others may be clearly identified. While the entire education system TRANSITS TO ONLINE LEARNING, all these reasons vanish. And a digital screen with a good internet connection serves as the common level playing field. According to the public-school teachers, the most difficult problem is motivating students to attend online classes. Though teachers have been conducting classes on regular basis still, the strength of the class never reaches its half and most of them remain absent. This is because these people are so poor that getting a meal every day is a luxury for them; and even if somehow, they arrange it by borrowing money, the network has been a major difficulty. The virus has basically widened the educational gap between public and private school students. Reports suggest that this gap has occurred due to the lack of digital infrastructure in government schools. Teachers are unable to connect with students and access to online education has become a luxury for the students of government schools. The major reason behind this is that those who study in government schools are those whose parents are poor or earn enough that they could get two meals a day. Thus, for these parents providing a smartphone with an internet connection for their child is out of their reach. Conclusion Thus, online learning or digital courses are good as an add on, they cannot replace the primary mode of learning. The pandemic has forced us to find a way where we can mainstream online education because physical schooling is not possible. However, that creates a lot of questions- there is a lack of infrastructure, facilities, and accessibility. Not every home has a good internet connection, people don’t have laptops or computers. In some families, there is only one mobile phone which could be used for skype or zoom and the deserving outnumber the facilities. To be very crude and honest, this entire digital mode of education can never replace the traditional classrooms. This is an elitist concept, it may be good for private schools or the developed countries but for those in lower strata or public schools, this is a distinct dream. Even when we are allowing these young minds to access mobile phones to log in to their online classes, there is a risk of over-exposure due to a lack of understanding of technology. Even if the government gives free laptops or mobile phones to the needy across the country, still there would be a challenge. Online mode is good as long as the student is more than 15 years of age when he understands and is mature enough to use the technology prudently. Therefore, everything that glitters is not Gold. There is a lot of problem with online education, it may be appealing for quite some time but ultimately, it has a lot of cons. Teachers face difficulty in properly assessing the students or whether they have understood the concept or not. Talking about the unfortunate lot who has to help their parents to earn a living in these tough times, they have been missing the most important years of their life. Had this new normal won’t have replaced the traditional schools, even this unfortunate lot could have managed to attend some classes and shape their future in a better manner. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Child Trafficking: A Problem Worsened by COVID-19

    By Aneesh Raj* & Tanya Biswas** “The greater a child’s terror, and the earlier it is experienced, the harder it becomes to develop a strong and healthy sense of self.” - Nathaniel Branden. Introduction In the last several decades, we have achieved significant progress in terms of child care and protection. However, the outbreak of the COVID-19 pandemic poses a severe threat of backtracking. The pandemic has hit the life of children abruptly and made their survival worse than before. According to a report submitted by the National Commission for Protection of Children Rights(NCPCR) in the Supreme Court of India, over 75,000 children have either been orphaned or at least lost one of their parents during the pandemic. Due to COVID-19, children’s lives have become vulnerable. Many of them have either become victims of child trafficking or descend into various crimes. There is an increased risk of child sexual abuse and ill-treatment. COVID-19 and Child Trafficking Human Trafficking is defined as “the recruitment, transportation, transfer, harbouring or delivery of people through various illegal means such as force, fraud or deception, to exploit them for profit.” People, regardless of their age and social background, may become victims of trafficking. However, children belonging to poor households are more prone to this. Human trafficking is a menace to society and also the propeller of various other crimes like sexual slavery, child marriage, panhandling, prostitution, child labour, drug-related crimes, terrorism and other illicit businesses. Natural disaster acts as a catalyst for human trafficking. The advent of COVID-19 has intensified the cases of child trafficking in India and various other nations. Traffickers are taking gain of continued school closure and loss of family livelihood. Due to this loss, children suffer from hunger and acute shortage of their essential needs; therefore, they have become easy prey to traffickers. According to a child right Non-governmental Organization (NGO) report named 'Bachpan Bachao Andolan,’ more than 9000 children have been rescued so far since the pandemic began. It means that in the last year, around 25 children have been trafficked every day. These trafficking children are often exploited in illegal, informal and unregulated sectors. Child trafficking in the state of Bihar is rampant during the COVID-19 pandemic. More than 300 children have been rescued from the clutches of traffickers in the last three months. Last year, four children whose age was between 12 and 16 years had found dead at lac bangle making unit. These children were trafficked from different parts of Bihar to Rajasthan to work as a labourer in these bangle making factories. It is a hazardous occupation and often has serious health repercussions because children are exposed to harmful chemicals, dangerous tools, etc. The nationwide lockdown has evil consequences as it left many people jobless. The plight of migrant workers in Bihar is worse than ever. They are battling for their survival in the absence of any jobs. Therefore, the poor villagers are sending their children to work so that they could support the family. However, in light of this, they failed to realize that their children get worse treatment and are exploited by the factory owners. The increased internet use during the pandemic has also spiked the graph of cyber-trafficking. A report of the United Nations Office on Drugs and Crime (UNODC) divulges that loss of livelihood during the pandemic and the increasing amount of time spent online has increased the vulnerability of children. Along with this, it has raised the risk of online sexual abuse. Traffickers often use online social media platforms and free messaging apps to contact young children. In the pretext of offering employment, they can easily allure them. Once removed from their locality, these children face multiple challenges because of lack of resources, unfamiliarity with the area and other factors and become dependent upon the mercy of traffickers for basic needs of survival and face various hardships. Only Making Stringent Laws to Combat Trafficking Is Not A Solution Children have been given special protection within national and international jurisprudence. India has a wide range of laws to protect children. Child protection is increasingly accepted as a core component of social development. There are various stringent laws to combat child trafficking. Section-370(4) of the Indian Penal Code-1860 states that “where the crime contains the trafficking of a minor, it shall be punishable with severe incarceration for a term which shall not be less than 10 years, but which may extend to imprisonment for life, and shall also be liable to fine.” The major child protection laws and provisions against trafficking of children are found in The Juvenile Justice (Care and Protection) Act- 2015. Section- 79 of JJ Act states that “notwithstanding anything contained in any law or regulation for the period being in force, whoever allegedly involves a child and keeps him in slavery to hire or reserves his wages or uses such receiving for his purposes shall be punishable with rigorous imprisonment for a term which may extend to 5-years and shall also be liable to fine of one lakh rupees.” Despite such stringent laws, we are incapable of countering trafficking. The United States of America, in its trafficking in persons, the report placed India as a tier-2 nation. The report states that “overall law enforcement efforts across the country, especially against the bonded labour, remain insufficient compare to the gravity of the problem. The rule necessitates police to file a First Information Report upon the recipient of information about the commission of a cognizable offence, like forced labour or sexual slavery.” It legally bound police to initiate a criminal investigation.” This implies that only making stringent laws are not enough. The law needs to be implemented effectively as well. Legislating without the political will to implement and monitor its effectiveness is futile. Hence, efforts should be made to improve the working of existing institutionalism mechanisms. Along with this, there is a need to understand the sociology behind child trafficking. The root of trafficking lies in poverty, unemployment, illiteracy etc. Most victims of trafficking belong from low-earning households. In most cases, parent themselves send their children to work so that he/she could support the family. Hence, the focus should be on countering these challenges by improving their standard of living, increasing literacy, ending poverty, etc. Suggestions To Combat Child Trafficking and Conclusion Human trafficking is prevalent because of the failure of our societies and the lack of a mechanism to protect the rights of the most vulnerable groups. During the COVID-19, where our efforts are intended to curb the spread of the virus, we must not oversee the real and tangible risks that this extraordinary situation presents for susceptible individuals and groups, who are not always very discernable in our societies. Law enforcement agencies and various NGOs working for child welfare need to be more vigilant in monitoring the situation. At the same time, ordinary people should also be vigilant and aware. Parents should monitor their children's online activities. There is high pendency of cases in courts due to which the trial can drag on for years. In many cases, victims withdraw their complaints as they could not support expenses. Hence, emphasis should be made on the faster disposal of cases. This can be done by establishing “fast track” courts. Further, the government should launch various awareness programs to make young children more aware. In the time of the COVID-19 pandemic, the government should provide all the basic needs to all pandemic hit families. The COVID-19 has left thousands of children orphaned. Hence, the government must embrace them. Therefore, it is crucial to take an immediate step to implement all suggested methods effectively and adequately. Then, only we can secure a better life for millions of children at a higher risk of vulnerability because of the COVID-19 crisis. * 1st Year, B.A., LL.B. (Hons.) student at National Law University and Judicial Academy, Assam ** 2nd Year, B.A., LL.B. (Hons.) student at the Rajiv Gandhi National University of Law, Patiala (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • School-on-Wheels: An Alternative to Bridge the Covid-19 Amplified Digital Divide in Education?

    By Alekhya Sattigeri* & Almanya Singh** The Constitution (Eighty-sixth Amendment) Act, 2002, holds a landmark position in the history of our Constitutional Amendments due to changes introduced across Part-III,[1] Part-IV,[2] and Part-IVA,[3] w.r.t educational rights and duties. The most significant being the insertion of Article 21A which recognized the fundamental right to free and compulsory education to all children aged 6 to 14 years.[4] Education is considered necessary for leading a dignified and quality life due to its inherent capability of empowering people to bring impactful changes in their lives. Moreover, from a broader perspective, it can’t be overlooked that for the holistic socio-economic growth and human resource development of a country, its population needs to be brought on an equal platform through education. As witnessed throughout the country and the world alike, COVID-19 has brought and continues to bring things to a standstill. However, despite these unprecedented times, education couldn’t take a back seat for long. Hence, online education emerged as the only hope for ensuring the continuity of education. Although it was applauded as an evident boon of technology, as always, the needs of the poorest sections of society and more importantly those residing in remote areas were neglected. This pandemic induced transition from physical schooling to online education has highlighted and exacerbated the digital divide between children belonging to families who can't even afford a Smartphone and privileged children having access to laptops and Wi-Fi networks in their household. An innovative, one-step solution to this problem suggested by a PIL filed by NGO, ‘Justice for All’in the Delhi HC was providing free laptops and internet to students of the EWS category.[5]Recognising that-non no provision of these facilities will not only create digital apartheid but will push back the lofty goals enshrined in the right to equality guaranteed by Article 14 and in particular the Right to Education (RTE) Act, 2009, the HC granted an order in petitioner’s favour. However, observing that the financial burden of any such distribution would fall upon the governments which are already stretched for resources in combating the surge of the pandemic, the Supreme Court stayed the HC order. Hence, the impracticality of providing technological gadgets and internet connections to every underprivileged child necessitates the creation of a more viable alternative to ensure continuous access to and impartation of education. This issue was recognised by the Education Ministry in January 2021 which, in light of the negative impacts of COVID-19 on education, issued certain guidelines to prevent further loss of learning. Consequently, the Ministry hinted upon exploring the possibility of Classroom-on-Wheels or School-on-Wheels in order to bridge the digital divide between privileged and underprivileged students. Swami Vivekananda once said, “If the poor kid can’t come to education, education must go to him.” As mentioned earlier, the COVID-19 pandemic has prevented disadvantaged children from accessing education both physically as well as digitally. Thus, the School-on-Wheels project is a perfect embodiment of Vivekananda’s message. The article seeks to elucidate the concept of School-on-wheels, discuss various State initiatives adopted during COVID-19 pertaining to the same, and evaluate the practicality and feasibility of conducting School-on-Wheels. The School-on-Wheels project is the brainchild of Bina ShethLashkari, the founder of an NGO, Door Step School (DSS). School-on-Wheels is a modified bus that is remodelled and equipped with classroom supplies including computers, TV, DVD Players, and educational audio-visual learning material to serve as a mobile classroom. The objective of the School-on-Wheels project is to ensure that these mobile classrooms provide alternate educational facilities to destitute and disadvantaged children who have no access to education. Few states have adopted this concept and introduced similar initiatives to provide education to those who have been deprived due to COVID-19. Andhra Pradesh was the first state to introduce a COVID-19 Classrooms-on-Wheels project in July 2020. Under the Vidya Varadhi Scheme, the Department of School Education introduced mobile classrooms equipped with audio-visual gadgets to ensure that students living in remote areas, having no access to computers and internet connectivity receive an education. The mobile vans consist of a large digital display to enable screening of class-wise and subject-wise digital lessons prepared by experts. While devising the Vidya Varadhi Scheme, research revealed that out of 38 lakh students in the State, 1.18 Lakh students fell in the ‘No Tech’ Category, having no access to computers, smartphones, Internet connectivity, or even TV and radio sets. Thus, the project was targeted to impart education to these disadvantaged categories. Subsequently, the scheme was launched in 13 districts, with one mobile classroom per district. Following the footsteps of Andhra Pradesh, in April 2021, the Bruhat Bengaluru MahanagaraPalike (BBMP), Municipal Corporation of Bengaluru, proposed School-on-Wheels for destitute children. This 'Doorstep School' initiative got the green signal from the hon’ble Karnataka High Court. While expressing its approval, the Court, however, underlined the responsibility of concerned authorities to ensure that COVID-19 norms regarding maintenance of physical distancing and wearing of face masks should be scrupulously followed. The initiative was implemented in partnership with the Karnataka State Legal Services Authority, and ten School-on-Wheels buses were launched. The buses arranged by BBMP were to accommodate 10-15 children, with two teachers and one helper. The buses are equipped with whiteboards and other requisite study materials. Further to provide incentives, the children have also been promised mid-day meals along with snacks like biscuits and chocolates. Moreover, to ensure health safety, amenities such as disposable water cans along with use and throw cups have also been provided. While these School-on-wheels State initiatives are positive headlines in a sea of COVID-19 related dreadful and negative news, an important question that comes up is whether these projects are likely to be successful in their attempt to bridge this digital learning divide? To answer this question, we interviewed Ms. Bina ShethLashkari, who has the first-hand experience in implementing the School-on-Wheels project. Ms. Lashkari informed us that according to a study conducted by her team, less than 30-40% of children had access to digital gadgets or internet connectivity or both. Thus, she continued DDS’s School-on-Wheels amidst the COVID-19 pandemic to ensure that the inaccessibility of online education did not hamper the educational interests of these disadvantaged children. The bus was designed to provide a digital learning library. The duration of the classes spanned across 2-3 hours during which the students had access to laptops, tablets, permitting them to attend live classes on zoom/google meet. On asking her regarding the safety of School-on-Wheels during the pandemic, she responded that the implementation of the project proceeded in conformity with the COVID-19 safety norms. The number of students permitted in a single bus was limited. Additionally, DSS had issued proper Standard Operating Procedures (SOPs) for the students and teachers which mandated proper masking and physical distancing. She told us that the SOPs were diligently followed by everyone without any complication, and thus, School-on-Wheels has proved to be a successful project. Similarly, in April 2021, Delhi Technological University (DTU) launched the 'Lab on Wheels' programme under the initiative 'Education Reaches You'. The programme was introduced with a synonymous objective of spreading digital literacy in general to the students living in underdeveloped areas of Delhi that lack access to technology. The bus will be equipped with computers, televisions, 3D printers, laptops, Wi-Fi enabled with 100% power backup. The programme will be implemented at the ground level by university students who will be teaching underprivileged students. Conclusion As rightly stated by the Karnataka High Court, “pandemic or no pandemic, education of children must go on”. While the endeavour towards providing technical devices, gadgets and internet connectivity to facilitate online education to maximum students continues, the Central and State governments must also work cooperatively to explore creative and unique alternatives such as School-on-Wheels and to devise a practical and effective action plan to ensure education to the deprived students. Depending upon the circumstances and facilities available, States can certainly take inputs from either the standardized School-on-Wheels model or the Andhra Pradesh model and deduce a suitable one for their vicinity in order to impart education to their students in these testing times. It is believed that with proper physical distancing, face masking, and sanitization, School-on-Wheels is a practical and viable approach to impart education and conduct online classes for disadvantaged children. The School-on-Wheels programme can be conducted in multiple shifts to ensure that all students are not accommodated in the bus at a single time as that would lead to violation of physical distancing norms and other covid-19 precautions. Furthermore, the government can enter into Private-Public Partnerships (PPP) and/or joint ventures with Technological Universities like DTU, to provide good quality digital libraries within the School-on-Wheels. Thus, under their Constitutional obligation, it is the duty of concerned governments to ensure that the wheels of the education bus go round and round, all through the town. References [1] INDIA CONST. art. 21A, amended by The Constitution (Eighty-sixth Amendment) Act, 2002. [2] INDIA CONST. art. 45A, amended by The Constitution (Eighty-sixth Amendment) Act, 2002. [3] INDIA CONST. art. 51A, amended by The Constitution (Eighty-sixth Amendment) Act, 2002. [4] INDIA CONST. art.21A, amended by The Constitution (Eighty-sixth Amendment) Act, 2002. [5]Justice for All v. Govt. of NCT of Delhi, W.P. (C) 3004/2020. */** 2nd Year, B.A., LL.B. students at University School of Law and Legal Studies, Guru Gobind Singh IndraPrastha University, New Delhi (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Hit by a Pandemic or by Your Husband

    By Antra Azad, a 4th Year, B.A., LL.B. (Hons.) student at Chanakya National Law University, Patna For some people, lockdown meant staying at home to safeguard themselves from the increasing corona cases outside whereas for a section of the society it was fighting from raging pandemic outside their door and atrocities by the partner inside their home. The United Nations defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life[1]." According to WHO estimates, at some point in their lives, one out of every three (30%) women in the world has experienced physical and/or sexually intimate relationship abuse or non-partner sexual assault. The majority of this violence is caused by intimate partner abuse. Almost a third (27%) of women aged 15 to 49 who have been in a relationship say their intimate partner has physically and/or sexually abused them. India saw an increasing trend of violence during the lockdown imposed in the country due to Covid-19. Causes of Domestic Violence The Prime Minister of India declared a one-day nationwide lockout on March 22, 2020, but the situation prevalent forced to extend the lockdown along with other guidelines of social distancing which made the life of women more vulnerable to domestic violence. The notion that atrocities and violence are limited to villages and do not creep into the household of rich, educated, metropolitan cities should break the constrain. According to several sources, during the pandemic, metropolitan police stations received around 20-25 calls every day related to the violence. However, NGOs reported a decline in the number of reported cases and this may be due to confinement at home, round-the-clock surveillance or not be able to contact friends and relatives due to isolation. Spending quality time with the family during this pandemic acted like a silver lining for a few, but it turned out to be a nightmare for others. As the number of persons infected with Covid-19 climbs, countries are being pressed to implement travel restrictions, resulting in unemployment, job losses, and lost earnings. According to experts, low income has been linked to an increase in domestic abuse. Domestic abuse seems to have an inverse association with a woman's educational degree, according to reports. Domestic violence is avoided by women who are self-sufficient and have access to resources. Several other types of research, on the other hand, have found that as women's status rises, so does domestic abuse. Such violence leads to adverse impacts for a lifetime which may be physical, emotional, sexual, and reproductive health, as well as increase their risk of contracting HIV, and the scar never fades away. Gender inequality is yet another cause of domestic violence when the male ego and masculinity overpowers them and find their female partners as gullible targets. Such violence is in the physical, psychological and sexual form, in a country that does not even acknowledge sexual violence as a crime in a marital relationship. Laws Related to Domestic Violence Domestic violence in itself is a pandemic. Time travel from the year 2003 where only 45 countries recognised the domestic violence law whereas by the year 2011 domestic abuse was prohibited in 125 countries, but rape inside a marriage is not specifically prohibited in 127 countries. India lays down wide legislation in this arena to safeguard the interest of women. Section 498A of the Indian Penal Code, the provocation for dowry by the husband or his family is considered a crime. The Dowry Prohibition Act of 1961 makes the practice of dowry illegal. Furthermore, the Protection of Women against Domestic Violence Act of 2005 bans a wide variety of harassment against women, including physical, mental, sexual, and financial abuse, all of which are broadly defined. The Act applies to women who are not married and live in a live-in relationship. Under this Act, a woman can choose to be free of abuse and has a variety of choices. Such choices extend up to seeking an order of security against her husband and his relatives, to remain in the same house (she cannot be evicted from her matrimonial home even though she reports her abusers), to seek restitution, custody of her children, and compensation. In addition to laws that seek retribution for gender-based violence, many empowering laws are many empowering laws that seek to improve a woman's social, economic, and legal position, making her more secure and less vulnerable to violence, as well as less inclined to accept such abuse if it occurs. But the lack of proper implementation of these laws is making women vulnerable and end up in the vicious cycle from running one resort to another without getting any relief except the fingers of society pointing at her suspecting her to be the whole root of the chaos. What's more surprising is that many women accept the wrongdoing committed against them because of culturally based gender stereotypes that give men the upper hand. Many Asian women feel that disclosing their husband's abusive behaviour would embarrass them and their families. This paints a frightening picture of how the crime goes unreported and the offenders continue to victimise the victims, causing physical, mental, and psychological damage. The reluctance of the victim to report the crime due to the perpetrator's fear and their inability to step away from the perpetrator is said to be the main explanation for the crime going unreported. Gender discrimination, as well as the tradition of elevating the husband and prioritising family over personal issues, have always been rooted in women. As a result, it has become critical to ensure that victims are safe from offenders and that they receive shelter assistance before they are self-sufficient. Area of Actions Gender Sensitisation The very notion behind violence against women is the mental construct built by the society that women are week and could be moulded as per the need. This construct needs to break in society by educating children from an early age and teaching them the interaction etiquettes with the opposite gender. Make Violence a Crime The state recognises domestic violence as a criminal offence and has instilled various sections and acts to make the liable person pay for it but at the same time is reluctant enough to see it as a private matter which puts women at risk. The state should utilize its legal mandate to take strong punitive action against wife batterers because society cannot turn its blind eyes on women by labelling the act as a private act. The present mandate in India is effectively limited to dowry-related violence. Promote a Holistic Approach For women who are being abused by intimate partners, a set of integrated answers that meet both their practical and strategic needs provides the most meaningful and long-term solutions. The design and implementation of all domestic violence intervention techniques should be guided by this notion. It is critical to identify major and secondary stakeholders involved in domestic abuse. Those involved in the judicial process, income-generating, and education are currently the most important actors. Others who need to be sensitised and involved in building a well-coordinated, well-rounded response to domestic abuse include those in housing, child protective services, the private sector, and labour unions. Address the Batterer State agencies and non-governmental organisations should collaborate to develop batterer-centred initiatives that target the perpetrator of violence. This has been successfully attempted in a number of sites around the world and has shown potential for repetition. We have entered the twenty-first century but the basic bugs in our society are yet to be addressed. This disease has not only led to an increase in violence but has also surrendered on the support system provided for them. To reduce the prevalence there is a need for a quick bounce back from the government with an equipped mechanisms to tackle and reduce the violence. References [1] United Nations. Declaration on the elimination of violence against women. New York : UN, 1993. (Disclaimer- The views expressed in this article are those of the author and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Children of Migrant Workers: Impact of the Pandemic on Vulnerable Populations

    By Nikhitha Reddy* & Sejal Panakanti** The havoc wreaked by the Covid-19 pandemic in the whole world is a notorious fact. The ramifications have been of the most devastating kind, particularly for the vulnerable populations of the world. Turning the spotlight towards India, we can see that migrant workers and their families would fall under this ‘worst-affected’ category. While much has already been said about the migrant workers, children of these families and the impact that the pandemic continues to have on them must be given more scrutiny. The mass exodus of migrants from cities has consequently resulted in impending health and social crisis for the children of these families as well. Migrant Miseries With new developments and sudden restrictions enacted to restrict the spread of the virus, the migrant workers and their children are exposed to magnified health risks, displacement, lack of access to education and protection services. Forced deprivation of jobs and restrictions on travelling puts the migrants and their families on the brink of survival. Additionally, discrimination and stigmatization are widespread which could put children and families at the risk of gender-based violence, smuggling, child trafficking, harassment, and corporal violence. Migrant children are among the most disadvantaged populations in the world. A panel discussion by UNICEF in November 2020, declared that Covid-19 is a Child Rights Crisis, given the exacerbated cases of violence and poverty in India, coupled with negative coping mechanisms including child labour, marriage and institutionalization. Moreover, as a result of the pandemic, almost 30,071 children have lost one or both parents, 24.7 million children’s education is at stake due to school closures, there is a 14.2% increase in cases of underweight children, and child abuse is steadily on the rise. Given their social and economic position, these implications are disproportionate and more impactful towards the children of migrant workers. Detrimental Ramifications Migrant children are highly susceptible to the immediate and secondary impacts of COVID-19. Primarily, the lack of hygiene poses a problem. Migrant workers’ children often live in overcrowded camps, settlements or makeshift centres with little to no access to water, and where they lack health services, basic resources, and sanitization. Usage of masks, social distancing and other sanitization protocols are far from being effectuated in such circumstances. Poor sanitization along with other factors such as malnutrition can create catastrophic health consequences of Covid-19 on the children of migrant workers. Migrant workers and their children could also be excluded from receiving important public health information due to language barriers and in a scenario of testing positive for Covid-19, they lack the financial means and resources to quarantine or seek health care. In addition, migrant families face challenges in accessing health care. For instance, migrant families may be deliberately avoided due to a lack of proper documentation. The children of migrant workers in such a case are less likely to be tested and provided with access to treatment. The lockdown has forced the schools to paralyze their activities. The closure of schools and distance learning has put the children of migrants at a disadvantage. These children may lack the resources like internet connectivity, electricity, financial means and other technological devices to pursue their studies online. In addition to the consequences of disadvantaged circumstances, migrant workers children may encounter numerous obstacles in terms of accessing classrooms, language barriers, lack of parental support and a chaotic environment to study in. These difficulties can affect the future prospects to overcome poverty through their human capital, with the steady increase in school dropouts. Children of migrant workers may particularly experience high levels of stress during the Covid-19 crisis, especially in situations where the virus has caused the death of their parents. Furthermore, these children are prone to suffer from psychological trauma, marginalization or stigma. This anxiety resulting from insecurity can have a negative impact on behaviour and learning, thereby leading to cognitive impairments and stress-related diseases. Migrant children in institutional settings are more vulnerable to suffer from anxiety and depression, especially when separated from their families. Additionally, children of migrant workers who stay back at their homes are subjected to long periods of separation from their parents due to travel restrictions. Moreover, misinformation on the aspects of lockdown and the spread of the Covid-19 virus worsens the discrimination and xenophobia that the migrant children and their families might already experience. In many instances, young migrants and their families have even been accused of bringing the virus with them. Significance of Vulnerable Populations Considering their special status, the Constitution of India has enacted certain special laws for children, as citizens of the country. The Constitution comprises of most rights encompassed in the UN Convention on the Rights of the Child in the form of Directive Principles of State Policy and Fundamental Rights. In the recent case of, Child Rights Trust v. Union of India[1], the NGO, Child Rights Trust, and child rights activist Nina Nayak filed a writ petition arguing that the fundamental rights of migrant children encompassed under Articles 14, 15, 19, 21, 21A, 39, 45 and 47 of the Constitution are being violated. The petition seeks to ensure that the children of migrant workers have access to education, protection, suitable living conditions, health care, nutrition, and immunization. The petition draws the Court’s attention to the fact that the lack of assessment on the number and essential needs of migrant children and their families has exacerbated their vulnerabilities during the lockdown. The petition establishes various obligations of the state under the rights guaranteed under the constitution and various international conventions that make such inaction unlawful. This case only goes to show that there is a pressing need to recognise the long-lasting impacts on this vulnerable population of migrant children, which when ignored, only causes more devastation. Conclusion & Suggestions Covid-19 has brought along with it an inhuman challenge for the millions of migrants and their families in the country. Humanitarian and strategic responses are the need of the hour with regard to this scenario. The children of these migrant workers are in a situation of double precariousness owing to their already deprived socio-economic standing. This is aggravated by broken social protection, breakdowns in mental, physical, psychosocial health, and educational shortfalls. The debt burdens of the migrant workers also loom large over these children. In light of this, to protect these vulnerable populations from issues encompassing but not limited to abuse, exploitation, nutritional insecurity, and learning crisis, it is imperative for the administration to look towards building appropriate systems, referral mechanisms, and changing social norms. States must ensure that appropriate health and economic reliefs are being provided for these children and their families. Migrant children require immediate assistance to get through these impacts of the pandemic and get a better chance at a quality life. The interests and rights of these already disadvantaged children must be safeguarded at any cost, to honour the letter and spirit of the law. References [1] Child Rights Trust v. Union of India 737 2020 */ ** 3rd Year B.A., LL.B. (Hons.) students at Jindal Global Law School, Sonepat (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Street Children in India during Covid-19: A Neglected Derelict

    By Prabhat Singh* & Yashendra** “It is not the consciousness of men that determines their being, but, on the contrary, their social being that determines their consciousness” - Karl Marx Introduction 'Street children', a heterogeneous group, find their escapism from hunger, abuse, neglect, and despection on the streets as it is a human tendency to be free from any shackles which may affect the mental as well as physical ability. The definition of 'street children' is not uniform and depends upon various conditions: socioeconomic, political, cultural, etc. One may find various definitions in national as well as international law. According to the United Nations, any boy or girl for whom the street has become his or her habitual abode and/or source of livelihood and who is inadequately protected, supervised, or directed by responsible adults is a street child. On the other hand, UNICEF divides ‘street children’ into three categories: children on streets, children of the street, and abandoned children. In the Indian context, 'street and working children’ finds its definition in Juvenile Justice (Care and Protection of Children) Rules, 2007 (“the Act”) wherein Section 2(p) enunciates, “children without ostensible means of livelihood, care, protection, and support by the provisions laid down under clause (d)(1) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000." Among various definitions, it can be observed that the main criteria for categorizing street children are the inadequacy of protection and livelihood. Thus, catering vulnerability among children should be at the forefront in any policy covering them. Talking about the pandemic, it can very well be understood that their vulnerability has increased dramatically due to the constant fear of contracting COVID-19 in the absence of safe livelihood. Moreover, it is no respecter of class or caste, neither does it look at the age of the victim. In India, though there is no official estimate of street children (0-18 years age group), according to the 2011 census there are 1.77 million homeless people out of which 0.27 are children. Thus, it is the prime responsibility of the state to protect the rights of street children from contracting the deadly virus for the repercussions of the virus have been experienced more by subaltern due to disparate access to essential services. In this article, the author shall discuss in the first part various rights conferred to children in international conventions with an emphasis on General Comment Number 21 while laying a nexus of those rights with the theme of International Day for Street Children 2021- Access to essential services- from the Indian perspective. The authors shall also examine, in the second part, the right to services focusing on medical and, in the third part, access to food and shelter accessibility in the backdrop of the ongoing global pandemic. At the outset, it is clarified that the authors shall refer to the definition of 'street children' as per the Act. UN Convention on the Rights of Child and its Obligations The United Nations Convention on the Rights of Child (“UNCRC”) is the human rights treaty setting out the rights of children and obligation upon the state to fulfil them. The general principles of the UNCRC underpinning the broad ideas lay the foundation of various provisions. These principles are Non-discrimination(Article 2), best interests(Article 3), right to survive and develop(Article 6), and lastly, the right to representation (Article 12) before policy formulation. Talking about Street children, due to their uncertain status in society, they often face discrimination direct as well as indirect. The effect of direct discrimination can be in the form of a lack of appropriate policy approach which is a question of the hour due to disparity in policy regarding street children. Talking about the best interests of street children, the current policy framework (Standard Operating Procedures) does not address vulnerabilities even when their situation has been exacerbated by the immobility amid fear of contracting COVID-19. Moreover, Article 3(1) of UNCRC posing a positive obligation on the states to respect the human rights of children implies that every decision affecting them should consider the diverse degree of vulnerability depending upon the unique circumstances. Amid fear of contracting the virus, this could be ensured by giving proper representation to their voices by employing a bottom-up model with support from concerned NGOs. Since Article 6 of UNCRC necessitates the government to give proper attention to the behaviours and lifestyles to understand the ground realities of children in the street, the states are further obliged to utilize the resources at their disposal to safeguard this interest and prevent the deaths of young ones. Access to Medical Services The Apex Court in Amarnath Shrine, In re took a magnanimous attitude when it noted that the expression ‘life’ is not just a mere connotation of animal existence, it is beyond that. Thus, the expression, the court noted, should not be interpreted narrowly; rather it extends to the economic, social and cultural rights of everyone. Deliberating upon the above expression, the Apex Court in Sunil Batra v Delhi Administration expressly observed that the right to lead a healthy life is well covered under the right to life. Further, in a later case, it was emphasized that the preservation of life is a paramount obligation. With the inoculation drive taking place, due to the non-availability of resources such as mobile and proper connection for registering and booking a slot for inoculation, currently the drive is excluding several underprivileged denizens. It is like adding salt to the injury of street children by making essential medical services impossible because of the unavailability of resources and the high prices of life-saving drugs. Though a few state governments made a prompt response to make these drugs available for free of cost to the economically weaker section, a similar decision should be made throughout the country. Access to Food and Shelter The Apex Court in its recent judgment of In Re: Problems And Miseries of Migrant Labourersopined that for the promotion of the welfare of the people and to secure the economic and social justice for the marginalized section, the Indian Constitution enjoins the control as well as ownership of the material resources to the community to minimize inequalities in income and eliminate inequalities in status. The court further observed that every human being has a right to live a life with dignity with access to the bare necessities of life and the onus is upon all the States and governments to provide food security to the impoverished persons. With various judgments citing the importance of food, the country has been experiencing deaths due to starvation for a long period. With no actual census of deaths due to starvation during covid, there are a few incidents where the death was caused due to non-availability of this ‘bare necessity’. In the context of street children, it is clear from the definition that they lack proper shelter and depend on the streets for their survival. With restrictions posed due to lockdown, their earning capability is also exacerbated due to immobility. Further, the shelter does not mean mere protection of life and limb, the Apex court explained in Chameli Singh v. State of Uttar Pradesh, but a home that provides opportunities to grow physically, mentally, intellectually, and spiritually. In the ongoing pandemic, even the streets are not a safe place for the protection of life. There is a constant threat of contracting COVID-19 which in absence of access to medical services can lead to death. Thus, it is amply clear from the above discussion that the UNCRC and the judicial precedents impose obligations on states to take every precaution ensuring that the COVID-19 does not affect the street children. In furtherance of these obligations, it is advised that the government does not neglect the street children in the vaccination drive and protect their life by providing shelter. Suggestions and Conclusion A report by the United Nations noted that children are not the face of this pandemic. But they risk being among its biggest victims. The street children without the privilege of shelter and livelihood are at the receiving end of this pandemic. Despite some special human rights in addition to rights enshrined in the constitution, there is a lack of proper approach by the executives as well as the legislature. Even the access to basic necessities has become a challenge for them in complete clampdown against the deadly virus. Apropos to that, it is recommended to form proper SOPs which shall cater to their special needs. It is high time for citizenry to help and look out for each other as the officials and policies may not efficiently reach the ground level for it is an abyss where one can find a light with the help of fellow human beings. As the Latin motto goes, "Non nobis solum nati sumus”, which means “not for ourselves are we born alone”. The derelict needs support from society as a whole and we must try to achieve that. * / ** 3rd Year, B.A., LL.B. (Hons.) students at National Law University, Delhi (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

  • Covid-19 and Crimes Against Children

    By Abhijeet Lenka* & Himanshi Rai** The pandemic has acted as a sheer propagator of violence in every possible form. On one hand where the existing victims were worse hit than ever before, closed doors of the houses gave birth to further new groups of victims which were until now unaffected because of the privilege of going outdoors. Amongst others, bullying, sexual violence, emotional or physical violence and maltreatment are the different types of violence to which children are subjected to. The results can be as grave as a death in extreme cases while in other cases violence might lead to injuries both physical and mental. There are a few factors discussed below which are the biggest contributor to such an increase in crimes and violation of children rights during the Covid 19 pandemic. Death of Family Members The deadly virus killed nearly 42 lakh people worldwide which meant that many children lost the protection of their parents making them susceptible to all kinds of vulnerabilities. Cases of the kidnapping of children for all kinds of ill practices such as forced labour, beggary and prostitution; have considerably increased over the last 12-15 months and one of the main reasons highlighted by the studies is loss of parental custody due to Covid deaths in less privileged households. Once the children fall prey to the hands of exploiters, the damage can be so grave resulting in the loss of a variety of legal as well as human rights. School Shut Downs The pandemic forced over 1.5 billion students out of schools. An educational institution is not just a place for academic growth but rather plays a very vital part in the overall development of a child. Hence, the right to education has become a distant dream for many underprivileged students who cannot afford online learning due to financial or infrastructural barriers. Loss of interaction with peers and teachers has resulted in widespread mental health issues across students of all age groups. Additionally, teachers due to the nature of their jobs, regularly interact with students and are therefore early sign catchers of any type of exploitation a student might be going through which in turn results in faster delivery of help of any and all sorts. Another challenge faced by a large section of the children is that of malnutrition. Through the midday meals, the government has directed continuous efforts to curb this evil from society. Many children today are solely dependent on these mid-day meal schemes as their families often fail to provide nutritious food or even any kind of food in many cases. Due to the shutdowns, these children have now been pushed back into the holes they were rescued from through over a decade of integrated plans and strategies. This situation results in a violation of the right to life which is enshrined under Article 21 of the Constitution of India which includes the right to adequate nutrition. Online education on one side is convenient for those who can afford it but on the other side leaves the unprivileged students with no recourse but to miss out on their academics. Privacy concern is yet another risk posed by the online mode of education as frivolously as it has been pointed out that such sensitive information regarding the biggest assets of any nation i.e. children is too big a risk to take. Female students face yet another risk of child marriage. Due to financial instability caused by job loss or losses in small businesses, the girl child is considered to be an extra burden. Through various schemes and efforts made for sensitization, some parents who’d somehow sent their daughters for primary education, now have a perfect reason to waive off their duty as soon as possible. These instances of child marriage are per se a crime but also give birth to potential crimes in the future such as domestic violence, abuse both mental and physical and harassment and the victims are even more vulnerable now as they are devoid of their basic rights which otherwise would have been known to them if they had been educated. Loss of Employment The pandemic has brought along with it a lot of uncertainty regarding circumstances around a family and poses major challenges to society all over the country. Due to the unprecedented losses resulting in burnt deep holes in the pockets of the employers, many employees were dismissed from their jobs. However, this act has left a very deepening impact on crimes against children due to the variety of emotions that comes along with the loss of jobs. As a consequence of the impact on jobs, the instability of the economy and the high stress regarding the virus coupled with frustration regarding the same, the threat of domestic violence is a very real one in vulnerable families. The pandemic has resulted in the isolation of families in homes and hence, the exposure of children to physical or sexual abuse, exploitation, neglect as well as violence against the women of the house may harm the mindset of a child and have a disastrous effect on his/her mental health. The relentless efforts made in the past decades to curb down child labour had just begun bearing fruits as the number were at an all-time low when recorded in the year 2019.[1] Due to the loss of jobs in the family, children are being sent out to run errands for people in return for some money that could help the family. According to a “Save the Children survey” carried out in 2019, more than 200,000 children are working as labourers or living in the streets in just 10 cities of the country. Various organizations had made huge progress in addressing issues such as child labour, prevention of violence against children, the importance of mental health of children, health and nutrition as well as education which has been thwarted amid the existing pandemic. Child marriage is prevalent in various parts of the country despite continuous efforts of uprooting the practice of child marriage since the time of independence. As claimed by estimates by the UNICEF, child brides in India are the largest in the world with a whopping 1.5 million underage girls being married off every year. As per the State of Working, India report carried out in the year 2021, around 230 million people in the country had fallen below the poverty line based on the minimum wage. The rise in family instability has a direct impact on the marriage of children since it would mean one less mouth to feed for the family. The restriction of 200 guests has served to be beneficial as owing to the financial complications of the families, this helps to lower the costs of the marriage and doing away with the marriage with a minimum number of guests. Child Runaways and Abandonment The stress of the pandemic along with the violence that a child has to witness or is subjected to have a severe effect on his/her mental health and often such children end up running away from homes. A study conducted in the year of 2009 by the Railway Children India (RCI), an organization that rescues children who have either eloped or been abandoned stated that a total of 1,21,860 children were at risk at platforms across all railway zones. This can be equated to a lone child arriving at a railway station at an interval of every 5 minutes which is extremely worrying. These children are the most vulnerable to exploitation since they do not have any kind of support system. The RCI was used to rescue these children and ensured that they were reunited with proper care. However, due to the pandemic, all these helplines had been shut down which resulted in these children being sources of income of people through trafficking and prostitution. This overall phenomenon is a major human rights violation as children as denied the right to life, the right to personal liberty and rights. It has been deciphered that many adoptions helpline numbers that are being circulated on WhatsApp are simply testing to see the response of the public and the demand of a child in the market by such perpetrators. Hence, there is a very menacing agenda behind these messages being circulated on social platforms and not everything is as rosy as it seems. Conclusion The real magnitude of the harm caused due to the pandemic is nearly impossible to assess as one factor is a result of another. Even though the governments today are more focused on vaccination drives and the healthcare sector, the children cannot be left alone to suffer. The future of any nation depends upon the wellbeing of children and restoring their rights and liberty must be made a top priority by taking all legislative and administrative actions. * 5th Year, B.A., LL.B. (Hons.) student at National Law Institute University, Bhopal ** 4th Year, B.A., LL.B. (Hons.) student at National Law Institute University, Bhopal (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of the Child Rights Centre.)

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