Search Results

By- Shajal Silas, 5th Year Student at Amity Law School Delhi, Guru Gobind Singh Indraprastha University, Delhi The recent announcement by Zomato India, launching a policy to grant menstrual leave to its employees, initiated a frenzied debate across the nation, weighing the strengths and shortcomings of such schemes while mulling over the possibility of its uniform introduction across the country. Menstruation has been the subject of extensive medical research, the same establishing that 30 to 90% of women report suffering from painful menses, whereas 10–20% complain of such severe pain that they are unable to perform their work or they have to miss school. A recent study involving a group of Hungarian working w omen discovered the existence of a causal link between work-related stress and exacerbation of dysmenorrhea. Consequently, countries like Japan, Indonesia, Korea, and the Philippines have laws that allow a working woman to take time off during her period if the discomfort and pain are too great to do her job. A similar approach had been introduced in India in 2017, when digital media startup Culture Machine introduced a monthly leave for the first day of menstruation for its employees, marking the advent of such policies in India. The initiative was furthered by media company Matrubhumi, and companies such as Horses Stable and FlyMyBiz, which instituted similar schemes for their employees. Additionally, the Gender Sensitizing Training for Officers and Staff of National Human Rights Commission-India, organized by the Asia Pacific Forum in collaboration with NHRC, saw participants formulating an action plan for the Commission, which endorsed the provision of menstrual, maternity, and child care leave to be given to all employees without discrimination, including contractual and outsourced staff. The menstrual leave policy, initially sponsored by private entities, subsequently invited legislative discussion through the Menstruation Benefit Bill, 2017, a private member bill introduced in the Lok Sabha by MP Shri Ninong Ering. The Bill, seeking to redress frequent demands across India for further amendment to the Labour Laws to include better working facilities to the female workers employed in the public and private sector, provided detailed clauses aimed at benefitting women and adolescent girls. It envisioned the provision of paid medical leave to working women and leave to girls from school, for two days, on account of menstruation. It also visualized a rest period, as well as menstruation-friendly facilities for women working in the establishment during their menstruation. Moreover, it aimed to entitle women to overtime allowance in instances of not availing the leave. In response, the Ministry of Women and Child Development recently stated there was no proposal to provide for menstrual leave, neither did the ministry plan to pilot legislation on the issue. The efforts to introduce such policies have been met with both admiration and resistance. They have been questioned repeatedly, in heated discussions involving a plethora of arguments that have advocated against the statutory introduction of medical leave for menstruation. The foremost of these arguments states that such laws will hamper the goal of gender equality (more correctly, equality of the sexes) as envisaged in the Indian Constitution. In this context, it is meant to reflect on the connotation of the term gender equality, which does not denote that men and women become the same; only that their access to opportunities and life changes is neither dependent on, nor constrained by, their sex. The equality of all human beings entails being free from the restrictive and dehumanizing effect of stereotypes and being equally entitled to the protection of the law. The US Supreme Court, in the case of Michael M. v. Super. Ct. of Sonoma County, dealing with an allegation of gender bias in certain statutory laws, stated that “Equal Protection Clause does not "demand that a statute necessarily apply equally to all persons" or require "things which are different in fact ... to be treated in law as though they were the same.'... This Court has consistently upheld statutes where the gender classification is not invidious, but rather realistically reflects the fact that the sexes are not similarly situated in certain circumstances.” The Indian Supreme Court similarly remarks, “The makers of the Constitution intended to apply equality amongst men and women in all spheres of life. In framing Articles 14 and 15 of the Constitution, the constitutional goal in that behalf was sought to be achieved. Although the same would not mean that under no circumstance, classification, inter alia, on the ground of sex would be wholly impermissible….” In this vein, it is imperative to mention the notion of substantive equality, which represents a theory that is less concerned with treating alikes the same and more concerned with recognizing differences between men and women and ameliorating the unequal consequences of those differences. In this context, a menstrual leave policy would only seek to provide for substantive equality, rather than promoting inequality. In agreement with this view, Deepinder Goyal, CEO of Zomato, states that the policy was introduced with the understanding that men and women are born with different biological realities, and aims to make room for our biological needs, while not lowering the bar for the quality of work. Another opposition to the policy avers that such schemes will be construed as an implicit admission of an apparent weakness of women vis-a-vis men, and will inadvertently lead to a devastating effect on the equality of opportunities extended to them at the workplace. The argument is in essence, flawed, and also underlines a deep-rooted biased belief that women seek to shirk work, by citing physical reasons that are seen as mere excuses. It was arguments similar to these that discriminated against maternity leaves for women. In reality, the leave, would simply work to further the understanding that women’s bodies have different needs that must be catered to for productive work experience, and minimize the stigma around menstrual health, rather than becoming an institutionalized statement of their weakness. Usually, women do not take sick leaves for menstruation, either due to stigmatization or in order to save the leaves for other exigencies, in institutions where there is a fixed quota for medical leaves. The introduction of uniform legislation addressing menstrual leave will serve as a welcome solution to this issue. It also needs to be noted that that the Constitution encapsulates safeguards, which can be resorted to, in case the introduction of such a policy leads to discrimination by employers against women in the workplace. Universally, menstruation and menstrual hygiene are accepted as a basic human rights issue for women (including transwomen). Recognizing the same, our country is empowered to draft and approve legislation that enforces this new regime. Where Article 15 of the Constitution of India states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them, clause 3 enlists that nothing in this Article shall prevent the State from making any special provision for women and children. Article 15 (3) of the Constitution enables the State to legislate special provisions, or frame policies to inter alia, address gender-specific concerns. There are gender-specific laws, to foster good practices in the workplace, and ensure gender equality (special provisions in the Factories Act, the Maternity Benefit Act, the Equal Remuneration Act, etc). “The guarantee of the equal protection of laws means the protection of equal laws. It forbids class legislation but does not forbid classification which rests upon reasonable grounds of distinction”. Additionally, the Constitution also provides the State with the directive and the responsibility to provide just and humane conditions of work and for maternity relief. India, as a signatory of international conventions protecting basic human rights and women’s rights, needs to consider the inclusion of a law legitimizing such policies, in order to protect women’s health and well-being. The introduction of a law legalizing such policy and making it a norm would require not only legislative initiative, innovation, research and deliberation, but would also require sensitizing the public and addressing the cause of menstrual health. The way forward could possibly include contemplation on the need for such legislation by the Law Commission of India, in tandem with NGOs, think-tanks, and the general public, to usher in a more women-friendly environment in the country. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Tejashwini Mallick, 2nd Year Student at National Law University and Judicial Academy Assam, Guwahati Reproductive rights are merely not about the right to give birth but it is inextricably linked with the constellation of other rights which include the right to life, liberty, equality and non-discrimination, freedom from cruel treatment, etc. Women have the right to the highest attainable standard of health, where health means the state of complete physical, mental and social well-being ensuring that they have the right to comprehensive reproductive health information, right to make fully informed decisions free from discrimination, coercion, and violence so that every birth is safe and every child is wanted. The status of abortion rights not just indicates the legality of whether women or girls are permitted to decide the pregnancy term or not but it also reveals their status in the society of which they are a part. It shows whether or not they are given the opportunity of being treated with equality and are given the freedom to driving the course of their own lives. The Centre for Reproductive Rights categorizes the countries as (1) abortion prohibited altogether, where abortion is not permitted under any circumstances, including when the woman’s life or health is at risk and remarkably 26 countries which estimate 90 million women of reproductive age fall under this category. Other categories are (2) To save women’s life (3) to preserve health (4) broad social and economic grounds (5) on request (gestational limits vary). India falls under the category of broad social and economic grounds where countries often consider a woman’s social or economic circumstances in considering the potential impact of pregnancy and childbearing. India is among the first 15 countries of the world to develop policy and legal framework on abortion. By the virtue of the Medical Termination of Pregnancy act, 1971, abortion was made legal in India and the Act provides the circumstances and conditions under which pregnancies may be terminated by registered medical practitioners in a legal way. During the last decade, there have been multiple times when apex court and high courts also identified reproductive rights as fundamental rights. In the case of Suchita Srivastava v. Chandigarh administration[1], the court reiterated that a women’s reproductive rights and independence form an aspect of ‘personal liberty’ under article 21. It said that the personal autonomy of the person should be respected with regard to a decision about termination of pregnancy. A women’s entitlement to carry her pregnancy to its full term, to abortion, to give birth, and to subsequently raise her child, all these rights form a nexus with her right to privacy, dignity, and bodily integrity. Despite these rulings and judgments, women and girls still continue to face significant barriers to full enjoyment of their reproductive rights. While three fourth of the Indian population lives in rural areas where abortion facilities are rarely available, the socio-economic vulnerabilities also act as serious impediments to their access to safe abortion. In spite of abortion being legal in our country, 50% of abortion are unsafe and are estimated to account for 20% of all maternal deaths, which is similar to the countries where it is completely illegal. The aforementioned statistics show that India has garnered little momentum in taking adequate measures to deal with maternal mortality and morbidity due to unsafe abortions. The challenges are faced by the major underprivileged population due to lack of access to abortion services, lack of awareness of the legality of abortion rights in rural areas, and an inadequate number of registered health care providers. Furthermore, there are issues that need to be addressed under the MTP Act which states that a pregnancy may be terminated under 12 weeks with the permission of one medical practitioner, and if the pregnancy is between 12 and 20 weeks, the authorization of two medical practitioners is mandatory if they are of the opinion that the continuation of the pregnancy would risk the life of the pregnant woman by causing physical or mental injury or there is a substantial risk that the child born would suffer from physical or mental abnormalities. Because of this the doctors have the ultimate discretion of decision making and have control over the body and choice of the woman which evidently infringes her right to make reproductive choices. Also, in rural areas which have poor medical facilities and an inadequate number of registered health practitioners, it is difficult to find two medical practitioners for authorization which often leads to delay in abortion. There has also been a number of cases in the past decade in which the apex court and high courts have given judgments in favour of termination of pregnancy beyond the limit of section 3 of the MTP act under various circumstances. In the case of Meera Santosh Pal & Others V. Union of India & Others[2], the Supreme Court allowed an abortion at 24 weeks of pregnancy as it endangered the life of the pregnant woman. There have also been cases in which many High Courts have allowed abortions in the 20th week of pregnancy in cases of sexual violence. In many post 20 weeks cases, it has been observed that certain complications or fetal impairment may come to light only after the second and third trimesters. In cases of rape victims and sexual assault survivours, the pregnancy may come to light only after 20 weeks because of various reasons such as lack of awareness about the possibility of being pregnant or the symptoms of being pregnant. In such cases, if the girl or woman is forced to continue with the pregnancy then it may lead to trauma, mental anguish, and health risks. The courts have also recognized in many cases that unwanted pregnancies are a burden and forced pregnancy is violence against women. In the case of High Court on Its Own Motion v. The State Of Maharashtra[3], the division bench of the Bombay High Court passed a landmark judgment recognizing the absolute right of women to abortion. The court stated, “Woman owns her body and has a right over it. Abortion is always a difficult and careful decision and woman alone should be the choice-maker… unborn foetus cannot be put on a higher pedestal than the right of a living woman”. There is also an urgent need to remove prejudice against unmarried women who still do not have the right to abortion as a reason for “failure of contraceptives”. It is only a legal reason for married women to get an abortion under reasons of “failure of contraceptive’ and “unplanned pregnancy” All these compelling factors of denial and delay in abortion often lead women to opt for unsafe pathways. These clandestine procedures often take place in unsanitary and unsafe conditions and women who lack awareness are outright misled. Therefore, there is a need to reform the reproductive laws and bring it in line with international guidelines and global recommendations. Countries around the world with liberal abortion rules have recognized physical and mental health as a ground for abortion without gestational limit. In Canada, abortion is allowed during any stage of the pregnancy at the request of the woman. Even countries with gestational limits allow termination of pregnancy beyond 23 weeks in case of health risks and foetal abnormalities. Thus, India needs to reform its laws with regard to the termination of pregnancy by increasing the upper limit from 20 weeks to 24 weeks, to relax the requirement of the opinion of two medical practitioners, and make “failure of contraceptive” a legal reason for abortion in case of unmarried women without their rights of confidentiality being violated by mandatory reporting requirements. There is also an urgent need for awareness campaigns in rural areas as the majority of these underprivileged populations are unaware of their abortion rights and are often trapped under the barriers of social stigma, myths, and misconceptions. Although the proposed amendment bill covers most of these factors, there is still a long road ahead for India to remove all sorts of legal and practical barriers and come in line with the international standards. References [1]Suchita Srivastava v. Chandigarh administration, (2009) 9 SCC 1 [2]Meera Santosh Pal & Others V. Union of India & Others, (2017) 3 SCC 462 [3]High Court on Its Own Motion v. The State Of Maharashtra, 2016 SCC OnLine Bom 8426 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Anjali Kumari, a Second Year student at Rajiv Gandhi National University of Law, Patiala. BACKGROUND Hungary’s parliament has passed an abhorrent law on 19th May 2020 that would make the transgender people impossible to change their gender legally – putting them at the risk of frequent harassment, violence, and discrimination. It gets the formal assent, i.e., it is accepted as a law on 28th May 2020. Earlier, transgender people could have easily attained gender identities through forensic medical evaluations. But the sanction of the new law makes it impossible for transgender people to change their gender legally on identity documents. Moreover, this decision has been taken at the time when the government is using the pandemic as a tool to grab non-authorized and unprecedented power to rule over the people. Parliament is also not spared from being used as a mechanism to get access to controversial bills like this one. Hungary, in the process, also redefines the word “nem” by which in Hungarian stands for the word “sex” or “gender” by “sex assigned at birth”, to scrutinize more about the person’s biological sex based on primary characteristics or chromosomes through Article 33. SYSTEMATIC VIOLATION OF HUMAN RIGHTS Transgender comes under an umbrella of those people whose gender expression is different from the sex at birth. The proposed law blurred the demarcation between sex and gender. In Hungarian law, after this reform, anyone whose gender identity is unparalleled with their sex is not allowed to change it on legal documents that further deny legal recognition. It hampers the dignity of the individual, aggravating their difficulties. Hungary is a signatory to many human rights treaties but failed drastically in providing a secure environment to the transgender rights. The European Convention on Human Rights binds all European states to give legal gender recognition in addition to universal human rights. Article 8 of the convention states respect to private and family life, and under Article 14, any discrimination is prohibited. Hungary’s new law is also against the European Court of Human Rights (ECHR), which asks to provide equal recognition to LGBTQIA+ rights. Hungary not only violating international conventions but also not adhering their constitution. The constitutional court of Hungary clarified that recognizing transgender people and their decision of changing the names is an undeniable aspect of the fundamental right to dignity. Still, it is not reflected in the decision-making process of Hungary. The new proposed law made the transgender vulnerable to more atrocities and completely marginalized them from mainstream society. The political view in Hungary is quite hostile towards the circumstances of the LGBT community, which explains that the people are not convinced of the decision taken by the government in dealing with the anti-LGBT bias. It is brought to threaten their existence with many social barriers. Hungarians are obliged to show their identity documents often during their daily lives, and they would witness intruding questions every time from the police and other authorities engrossing their privacy. This will give impetus to the prevailing hardship. Restriction on having access to public services and constant fear of public humiliation are other related miseries—the behaviour of society act as a catalyst in deteriorating mental health problem among transgender. Human Rights Watch states that being transgender is not the reason for poor mental health, but the discrimination, stigma, and negative mindset are the root cause. It is more like they have to spend their life with that gender identity that they do not recognize. Hungary has been systematically taking steps to alienate their existence. GOVERNMENT TARGETING TRANS-GENDERS – A STEP TOWARDS CULTURAL WAR Mr. Viktor Orban came to power in 2010, and since then, the government is trying hard to eliminate the democratic framework. His party, without any accountability, made many amendments in the Hungarian constitution; it seems they are planning for a dictatorial regime. They made changes in election rules to favor their party, putting the constitution on the pedestal. And its extension is stretched towards a cultural war, where they are targeting public media outlets, school curriculum, religion, and the interpretation in history. In the year 2018, he signed a decree eliminating “gender studies” from the list of master’s sanctioned programs, removing funds for a critical source of education regarding transgender subjects. Before the enforcement of this law, legal recognition was allowed to some extent, which will be prohibited now. This step gave a traumatic shock to the transgender people; hence they are forced to leave the country as they are fed up with all the disgrace and intrusion in their privacy.[1] According to the right groups, the new bill pushes back Hungary to the dark ages stamping the rights of transgender people. Advocates are in fear that it will increase the discrimination against the transgender community as Hungarian law requires the first name to be chosen that fits their gender, from a list that is kept by the country’s Academy of Sciences, which is arranged according to the gender, so they would not be in a position to identify with their gender. Prime Minister Viktor Orban has used anti-LGBT elocution as a part of his political agenda and recognized culture war against those who do not fit into the traditional criteria. In addition to this, a significant concern would also be targeting those who have already changed their gender legally. CONCLUSION This new law is a blatant violation of human rights, as across the world, transgender is struggling for their identity and is emerging victorious as people are ready to accept them. The same does not apply in Hungary; its representatives are not prepared to shift their dogmatic mindset to the liberal one for an inclusive society. Human rights are equal for every individual, and the discrimination on the basis that an individual belongs to a particular community, cannot be an excuse to engross their legal rights. Surveillance by the state, if it violates privacy, is utterly unacceptable. To live life with dignity is everyone’s minimal right; targeting one community and not allowing them to live their dignified life is a sham. References [1] Benjamin Novak, “Hungary Outlaws Changing Gender on Documents After Birth, N.Y TIMES, May 28, 2020. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Ankita Bhushan, Advocate, Real Estate Regulatory Authority, Bihar INTRODUCTION Offences against women and children are a heinous crime and a serious public health concern. It is a threat to everyone but women and children are particularly vulnerable to victimization because they often lack appropriate means of protection. In the past decade research says that there is an increase in growing of such offences. Victims often hesitate to report such crimes because of fear stigmatization or societal condemnation. Some records that have been collected suggest that rates of crime against women range from 15 to 71 percent in some countries and that rates of crime against children top 80 percent. In our society, Women and Children are usually the main targets, who suffer in a number of ways mainly because of wide gender discretion, and they are considered weaker, helpless and economically dependent. Dowry, domestic violence, divorce, female infanticides, child abuse and exploitation, prostitution etc are various offences faced by the women and children of our society. In India, we have laws for all these aforesaid offences but still there is some issue as women and children are still not safe in our country. The researcher in this paper will give highlights on the issues relating to protection of women and children in India. WOMEN Offences against women have long been a problem, in times of peace and war. The offences range from very mild teasing to rape and murder, and takes place at home, in the streets, at work places, in short everywhere. Few crimes against women are reported, fewer still prosecuted, and a negligent number of accused are actually punished. The Immoral Traffic (Prevention) Act, 1956, The Dowry Prohibition Act, 1961, The Indecent Representation of Women (Prohibition) Act, 1986, Protection of Women From Domestic Violence Act, 2005, The Sexual Harassment of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013, Maternity Benefit Act,1861 etc are some women specific legislation. Apart from the aforesaid legislations The Constitution of India, The Indian Penal Code, 1860 And the Criminal Law (Amendment) Act, 2013 also have some provisions regarding the protection of women. Despite having numerous of laws, women in our country are still not safe. The question arises here is WHY? First and foremost reason why they are still not safe is the mindset of the society. Few people in our society still consider Women as weak, helpless and economically dependent. They still don’t get the amount of respect they deserve. Some people still think that women have no value, and they are here only for a particular purpose i.e. to serve their husband and family. Some people think household work and housekeeping is the domain of women, and they have no right to roam out in night, they are doing wrong things and wearing wrong clothes. Like if we go back to 2013 incident, Delhi gang rape, statements of the accused reflect their sick mindset. This person was trying to justify his act by saying Nirbhaya should not have gone out of the house after 9 o' clock. One of the other convicts said that a girl is "far more responsible for rape" than a boy. This clearly showed he had no remorse for the heinous act he had committed. The lawyers, who were defending the culprits, also took part in the interview and shared their client's views, blaming the victim. And as long as we look for solutions which focus on the victim, the patriarchal culture which suggests that boys will be boys, men will be men, women can never feel safe. As long as judges rule that victims ought to marry their rapists, women can never feel safe. Women are not even safe at their home. Offences like bride burning, domestic violence, Chula issue, divorce, over working at the work place, gender discrimination etc are faced by women. Women are not cared for in the health standards that they should be cared for, especially during child labor. The maternal mortality rate is among the highest in the world in India. They are malnourished because they are forced to eat their husband’s leftovers. Many women are also not provided with the basic education that they need to fully understand and use their new- found rights. In order to improve women safety in India the first step is to change the mind set of people which is very essential for the safety of women. From family to educational institutions and also the workplace not only men but even women should be taught about respecting other women. Further, there should be fast-track courts to hear the cases. These cases should be investigated in a time bound manner so that the evidences do not get tampered. Only strict laws cannot prevent offences happening against women in India rather the execution of these laws in a specified time can solve the issue to a large extent. CHILDREN Merriam Webster dictionary, defines ‘Child’ as a young person especially between infancy and youth. Every child has the right to be protected from all forms of violence, abuse, exploitation. Many children do not have a home to stay, safe drinking water, adequate nutritious food, proper education etc. Protection of children not only includes prevention of exploitation and abuse, rather creating protective environment by individual, community and government where the child can enjoy their childhood with dignity. Children must be protected from physical and sexual violence, exploitation and abuse, child labour, child marriage, trafficking, prostitution, kidnapping, abduction etc. Legislations like Prohibition of Child Marriage Act, 2006, Child and Adolescent Labour (Prohibition & Regulation) Act, 1986, Immoral Traffic (Prevention) Act, 1956, Protection of Children from Sexual Offences Act, 2012 etc. Yet again we have numerous of legislations for the protection of children but still there are number of children who are unsafe and are being exploited every day. In my opinion, I think the major is Poverty. Families in poverty are less likely to have access to education and job skills. According to Census of India 2011, 10.1 million children are economically active between 5 and 14 years of age in India. UNICEF’s report says that many children are forced to get involved in labour from very early age in India. Poverty and illiteracy of a child’s parents, lack of awareness about the harmful effects of child labour, the family’s social and economic circumstances leads to child labour. Human trafficking is considered to be the third largest organized crime globally. Women and children from the lower caste, minority and tribal communities are generally lured of a better way of life and employment opportunity and sold by the agents. Child sexual abuse is one of the most concern issues of children that unfortunately we heard almost every day. There are various forms of sexual exploitation like clicking obscene photographs of children, making children watch pornographic content, physically teasing them, etc. As per survey conducted by Ministry of women and child development Govt. of India, 53% of children surveyed said they had been subjected to some form of sexual abuse. Also, 88% of people sexually exploiting children are known to the children or are people whom the children trust. There are several instances where the father himself, cousin brothers, uncle or neighbours have sexually exploited children. Another concerned social issue is Child marriage that is pertaining to violation of child rights. It is an unhealthy social practice mostly happened in rural areas, where a girl below 18 years and a boy below 21 years of age get married. According to 2011 nationwide census of India, the average age of marriage for women in India is 21.2% in the age group 15-19. Child marriage resulted to early pregnancy which can lead to complications at the time of birth, low birth-weight babies, both triggering maternal and infant mortality rate. Experts say childbirth before the mother is of the age of 14 can lead to obstetric fistula and other health problems. Apart from these major crimes killing of female infanticides and gender discrimination are also prevalent in our country. CONCLUSION Crime against women and children has resulted in both short-term and long-term harm, including psychological trauma and physical injury. It has also affected the mental health including depression, anxiety, eating disorder, loose-self confidence, sleep disturbances etc. Poverty, uneven employment, gender discrimination, harmful traditional and cultural practices and lack of proper policy are the major causes of this issue. The Indian judiciary system must work upon the issues that are arising in the protection of women and children in India. Education is the most important component which plays a great role in the development of an individual as well as a country. Every parent and educational institutions must teach the basics of life whether what is right and what is wrong. Lack of formal education impact the development of the country. Changing people’s attitude and mentality towards women and children will take a long time- at least a generation, and perhaps longer. Every family must let their child even if she is a girl, they must let her go to school and complete her studies. Let each woman who wants to work and earn, send them office with lot of positivity. There must not be any place for cruelty and negativity in this country. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Thanima Bekal, 4th Year Law Student at SDM Law College, Mangalore Abstract Children being the lever of development of India, the government needs to protect the children’s health and uphold their rights. Though the constitution of India under Fundamental right highlights the protection of children against exploitation still brutal activities like child abuse are found to be practiced. Education plays a vital role in molding a child’s future but poverty and illiteracy have subjugated the childhood of future generation, under Article 45 of the directive principle of state policy, it is mandatory to provide compulsory and free education to every child up to the age of 14yrs. So, this article emphasizes the educational right provided to the children after the ratification of the convention of rights of the child in connection with constitution provisions. INTRODUCTION It is a natural tendency that every Child needs to be treated as human beings and should not be assessed as the property of their parents nor as a helpless project of charity and are the subject to their rights. Children at their tender age and immature mind need special care and protection. They have certain privileges and legal entitlements that are being accepted nationally. Most of the children in India are not fortunate enough to obtain their basic rights. A large sector of children who live in rural areas often has limited access to fundamental needs such as nutrition, access to healthcare, education, and protection. We believe that every child deserves childhood in all its fullness. WHAT ARE CHILD’S RIGHTS? In simple words, child rights are the subset of human rights with particular attention to the rights of protection and care afforded to minors. The (CRC) of 1989 states that any individual below the age of 18 is regarded as a child, unless under the law applicable to the child. Every child deserves basic rights irrespective of their age, race, and birthplace. PROVISION FOR CHILD’S EDUCATION UNDER CRC UNCRC was formulated to protect the basic rights of the children and came into effect on 2nd September 1990. It was a right-based approach rather than a welfare-based approach that mainly focused on children’s rights. Many of the countries adopted this convention and rectified the same in their domestic law. India also ratified CRC in the year 1992. It is the most widely ratified human rights convention. This convention comprises of 54 Articles and two Optional Protocols. This protocol emphasizes mainly on child abuse and the involvement of children in child pornography and illegal child trafficking. UN General Assembly approved the third optional protocol on 19th December 2011. CRC recognizes education as a legal right to every child based on equal opportunity. It’s Article 28 which guarantees free and compulsory primary education, progressive free secondary education that should be available at any instance to all, and also accessibility to higher education. The right to free primary education is mainly for helping children in their holistic development and discipline. Article 29 speaks about mental and physical abilities to their fullest potential. The government must make sure every child gets a good quality education. The right to education guarantees free and quality education to all children aged between 6 and 14 and also special facilities like Mid-Day Meal, Scholarships, and also reservations are provided in Private schools to encourage maximum enrolment of students from the underprivileged backgrounds. INDIAN SCENARIO ON CHILDREN’S EDUCATION Since ancient times, India has widely been appreciated for its rich tradition in the area of studies, learning and, education. It’s apotheosized as a land of learning. It’s known that people from other nations such as Europe, The Middle East, and Portugal visited India to get a rich and good quality education. From literature, ancient sciences to arts and philosophy the country has always been a destination for learners from across the world. One of the famous educational systems practiced in India in ancient times where the GurukulSystem. The main focus of the Gurukul’s was imparting learning in the students in natural surroundings. Ancient universities and institutions have drawn travelers and philosophers to sought knowledge from the rich Asian region. From 500 CE to 1200 CE has always stood as an educational hub. It was the first international residential university in the world. The institution was recognized and well known among scholars and students who traveled from different parts. India ratified the UNCRC, in 1992. National Commission for Protection of Child Rights (NCPCR) was set up in March 2007, which was passed to set up by The Commissions for Protection of Child Rights (CPCR) ACT, 2005. The commission began operation on 5th March 2007. The commission works under the protection of the Ministry of Women and Child Development. Commission was asked to form special cells in schools to solve the problem of children. Though under Article 45 of the Indian constitution clearly states about providing compulsory education to the children up to 14 years was not practiced only after J.P.UnniKrishanan v. State of AP (1993) case it became paramount necessary to provide free education and compulsory education up to the age of 14 years. Drastic change happened when Right to education under Article 21A was inserted in Indian constitution as the fundamental right in the year 2002. Though there are Acts and India has ratified UNCRC long back there are still many loopholes when it comes to children’s education. Unfortunately, the above concept followed in Gurukul or the education provided in Nalanda University has disappeared and at present the education system has taken a different route. Presently India with 1.33 billion populations is the world’s second populous country after China. Nearly 26 millions of children are born every year, but quality education and good health is still a dream to many. Relatively 40% of India’s population is below the age of 18years. Barely half of India’s children between the age 6-14years got to school. Extravagant private education and the need to work to support their families are the reasons given by many drop-outs every year. A higher proportion of the children do not get access to good quality of education due to lack of accessibility, financial issues, lack of interest, etc. Even though the government is providing a wide range of schemes and facilities to improve the quality of education to the underprivileged children, it is not reaching the actual beneficiary. There is a wide significant gap between policy and practice. CONCLUSION CRC being comprehensive convention which is interrelated to human right convention need to be implemented lawfully to protect the rights of every child by providing him proper education and health care which will promote them in their development trajectory. Unfortunately, many children are deprived of their childhood and education. There are NGOs that are contributing to child rights in India. Though there are acts regarding the same, still there are many loopholes. Good governance and appropriate implication of these acts and regulations can bring some changes in the children’s educational rights. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Preksha Goyal and Shilpa P, Students at Lloyd Law College INTRODUCTION Brutality against women encompasses a wide spectrum of acts – from verbal badgering and other forms of emotional abuse, to everyday physical or sexual exploitation. At the most distant finish of the range lies – FEMICIDE: a Sex-based hate crime, interpreted as “the targeted murder of a woman." While our comprehension of femicide is restricted, we realize that an enormous extent of femicides are of women in brutal relationships, and are committed by current or former companions. Femicide is commonly comprehended to include the deliberate homicide of women since they are women, however, a more extensive definition incorporates any killings of women or girls. Femicide is usually carried out by males, but at times even the family members of females may be involved. Femicide also varies from male-killing in distinguishing ways. For instance, almost cases of femicide are perpetrated by partners or ex-partners, involving continuous abuse in the homes, coercion or intimidation, sexual assault or, conditions where women possess less intensity or hardly any resources as compared to their partner. Keeping it all in mind, we have tried to throw some light on femicide considering its causes and consequences along with cultural and legal interventions. TYPES OF FEMICIDE In the past several decades, various categorization of femicide is projected by the research scholars with the most distinctive “Intimate Femicide” from several other forms of femicide (for example; familial femicide and stranger femicide). The two comprehensive types of femicide are classified below: Intimate Femicide which is also interpreted as intimate partner femicide includes the killing of women by their present or ex-partners. Universally, it is interpreted that women are much more likely to be assaulted, raped, or killed as compared to men by a present or former partner. It is studied that intimate femicide frequently happens within relationships where there are past events of intimate partner violence. Non-intimate Femicide includes the killing of women which is committed by the person who is not in an intimate relationship with the victim. Femicide which includes sexual encroachment is sometimes referred to as sexual femicide. The non-intimate femicide incorporates a vast range of subtypes of femicide like familial femicide, ‘other known assassin’ femicide, and stranger femicide. WHAT CAUSES FEMICIDE? The eventual modes of violence against women and girls exist in every corner of the world and take many forms like non-intimate femicide, killing of Aboriginal women and girls, Genital mutilation related femicide, killing females in the name of ‘Honour’, and many more. Femicide happens due to the continuity of violence against women. The few main causes of femicide are implanted in gender prejudice, gender anticipation, and orderly gender-based favoritism. THE CULTURAL INTERVENTION OF FEMICIDE THROUGH A GENDER PERSPECTIVE When we talk about in a gender perceptive way woman are considered as the physically weaker gender. There are different roles in our society such as men are apt for public life, leadership position, business activities, politics, and academia. This view of gender roles in society leads discrimination against women.so, in a simple word man experiences with better opportunities, more freedom, and higher regard in society which violates the fundamental rights of the woman. Crucially this affects and retreats from the traditional specialize in femicides committed by minority ethnic men. The various crisis of femicide is dowry-related murders, honor crimes, intimate-partner related killings, infanticide, and forced suicide, etc. Each country holds different aspects of cultural activities, which address the forms such as masculinity and femininity, gender equality, domestic violence and femicide laws, patriarchal ideology, traditional values, the role of religion in society, culturally specific religion in society, culturally specific forms of femicide, etc. Studies say that based on gender criterion “woman is that the other within the core of a totality, whose two terms are needed one to the opposite one.” Therefore, from a sociological perspective, woman’s higher involvement in cultural activities than men are intriguing and even puzzling. More specifically gender identity at the intrapersonal level and pressure for gender conformity at the interpersonal level. THE LEGAL INTERVENTION In the world, where human rights are considered to be one of the important aspects in terms of the rights of women. These are developed through many international treaties and also in the customary law. Some of the legislations of human rights which also focuses and protects the women’s rights are as follows: The Universal Declaration of Human Rights, 1948 International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights The Human Rights provisions of UN charter The Office of the High Commissioner for Human Rights (OHCHR) We have also studied some of the basic interventions that deal with the protection of women under international law. Convention on the Elimination of Discrimination against Women (CEDAW) which was adopted on 18th December 1979 and it came into force on 3rd September 1981, the Democratic Republic of Congo – Violence against women. Women’s convection and optional protocol came into force in 1981, reviewed by CEDAW. Declaration on the Elimination of violence against women – adopted United Nations General Assembly resolution in 1993 Beijing Declaration and Platform for Action which is adopted in the fourth world conference on women in 1995 The United Nations is a worldwide organization that includes almost every nation in the world. At the point when a nation turns into an individual from United Nations, it embraces the commitment set out in the sanction of the U.N, which incorporates the advancement of human rights and basic opportunities for an individual. Femicide is a global issue that one-third of women are facing in each country. Men use violence against them to lower women’s autonomy and sense of self-worth. Various global human rights and regional treaties that protect femicide and guide states to take powerful gauge to prevent and kill this kind of sexual orientation-based viciousness. Presently, international lawful instruments and legal protections clarify that states have an obligation under global law to prevent this aggressive behavior towards women. CONCLUSIONS AND SUGGESTIONS In today’s world, femicide is taken as a serious problem because in the last two decades it has gained its recognition on national as well as on an international level. This article examined how it violates the fundamental rights of women which even leads to the death of women. We have tried to figure out the types of femicide pointing out their unique aspects. Some of the phenomena we depicted are general and global, also widespread in other nations. Concisely, individuate the causes behind variation in femicide rates. Customary mentalities towards women around the globe help to propagate the savagery and it has been overlooked or approved, because it happens between close relations in the protection of their homes. Human conduct is dependent upon two determinism that is biological and cultural. This is especially visible when the comparison occurs between genders in society. These distinctions are conveyed and reflected through correspondence. Social measurements reflect explicit parts of the two genders. Nowadays, there are many treaties, international conventions, regional and national legislation, etc. which accommodate a scope of rights and defensive measures for protecting women from violence including abusive behavior at home yet despite every one of these activities, progress in the accomplishment of women’s privileges has been exceptionally moderate around the world. But these legislations and policies alone are inadequate to eradicate the femicide problem from the world. Finally, it can be stated that femicide isn’t just a legitimate issue that can be destroyed by legal remedies but, it is also a social and psychological problem, which can be eliminated by fundamental changes in society towards women. While legal remedies cures are an endeavor to ease the indications of violence against women, it can do little to handle causes. To reduce the risk of gender-based crimes, we are moving towards gender equality, which there itself needs a lot of systematic changes including within the culture. Femicide can be eradicated by encouraging close observation and examination of femicide and intimate partner violence along with supervision, research, laws, and awareness of murder in the name of ‘honor’. People should encourage themselves to think beyond the social norms which are set somewhere against the women. Only by changing our thought, we can further think to make a change and provide an equal platform to reduce the risk of femicide in society. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Anjali Gupta, Student at Amity Law School, Noida, and A Renganath, Student at Amity Law School, Delhi, (Guru Gobind Singh Indraprastha University) India has moved up towards becoming digitalized where the Government of India has also launched the campaign ‘Digital India’ in the year 2015 to ensure that Government services are made available to all its citizens online. With the technological advancement where a large portion of the population is dependent on computers, mobile phones, and its applications and social media it won’t be wrong to point out that the people are addicted to the gigantic cyber world. This current situation of pandemic and lockdown has also forced many days to day activities to move online as people have started working from home and classes are also conducted online. In this age of computers, the continuous dependency on technologies cannot be completely avoided but precautions can always be taken against cybercrimes. Women and children are considered to be the most vulnerable section of the society who can easily be exploited, harassed, and abused thereby making them easy prey for cybercrimes. Cybercrimes are the criminal activities carried out by means of computers or through the internet and it is on the rise because offenders are now in direct contact with children and women via social networks and chat functions in various apps and games. As per statistics of the Centre for Advanced Research in Digital Forensic & Cyber Security (ARDC) 76% of women below the age of 30 have faced online harassment and 1 in 10 women under this age have also faced sextortion. Even though there is no separate mention of cybercrimes against children in the data of the National Crime Records Bureau (NCRB) many activists and commissions working for the protection of children are of the view that in a large portion of these crimes, children are the victims. There are several kinds of cybercrimes that are perpetrated against women and children which include online harassment, cyberstalking, morphing, cyber pornography, blackmailing, cheating, sexual exploitation, and further harassment of women and children for voyeuristic pleasures. Women and children are considered as the soft target of such crimes as they often trust the predators and share their personal information which leads to numerous crimes. Young children and teenagers don’t have the mental maturity to understand the utmost repercussions of what they may face in this cyber platform and because they are often repulsive, rebellious, trusting, adventurous, and eager for attention and affection. Troubled and rebellious teens who are seeking emancipation from parental authorities can be susceptible to internet predators as the risk of falling prey to such crime is greater for the youth who are emotionally vulnerable. Such internet interactions that may appear decent and safe initially may not be so in the long run and can be misused by the perpetrator which may lead to sexually explicit content and may cause physical and emotional harm to the victim and may violate their rights as well. Where most of the time the victim is oblivious to the dangers of cyberspace, parents find it difficult to protect them due to lack of awareness about the legal remedies available. Cyber Crimes are sometimes mistakenly perceived as a victimless crime, but it will be a surprise to know the amount of mental and physical trauma the exploited children or women go through. The emotional impact on the victim is more long-lasting as the victims often feel that there has been an invasion of their privacy. LEGISLATIVE FRAMEWORK OF CYBERSECURITY IN INDIA In this present tech-savvy world where not only the dependency on the internet has increased but crimes pertaining to it has also increased and to combat such crimes the Information Technology Act, 2000 (IT Act) was enacted and certain amendments were also made in the Indian Penal Code, 1860 (IPC) to take cybercrimes into its purview. The IT Act is the main act which deals with the legislation in India governing cybercrimes. Certain cybercrimes that can be committed against women and children are being prosecuted under section 66 which deals with hacking, section 67 which deals with publishing or transmitting obscene material in electronic form, and Section 72 which deals with breach of confidentiality.[1] Section 67 B deals with the punishment for publishing or transmitting of material depicting children in the sexually explicit act in electronic form.[2] Cyber defamation, cybersex, email spoofing, and trespassing into one’s privacy domain is not expressly mentioned under this Act. Cyber Appellant Tribunal is established under the IT Act to stop cybercrimes and punish those who are the offenders. Apart from Section 354 and 509 of IPC which deals with outraging the modesty of women or usage of word, gesture or act to insult the modesty of women, this code was further amended and certain provisions have been introduced to directly redress cybercrimes like cyberstalking under Section 354D and Voyeurism under Section 354C.[3] Although obscenity on the internet is not defined as a crime under the IPC, the internet has now provided a medium for facilitating such crimes. In addition to the IT Act, the Protection of Children from Sexual Offences Act, 2012 (POCSO ACT) also provides legal protection against sexual assault, sexual harassment, and child pornography.[4] The POCSO Act is applicable where the victim is under eighteen years of age. SCHEMES AND COMMISSIONS FOR THE PROTECTION OF WOMEN AND CHILDREN The Ministry of Home Affairs had constituted an expert group named Cybercrime Prevention against Women and Children (CCPWC). This scheme had been examined by the National Commission for Women and constitutes several IT experts and the Indian Institute of technology to effectively curb the Cyber Crime in the country and create awareness among the people. Some of the functionaries which are constituted under the committee are the Online Cybercrime Reporting Unit, Forensic Unit, and Capacity Building Unit. Another body is the National Commission for Protection of Child Rights (NCPCR) was established under Section 13 of the Commission for Protection of Child Rights Act, 2005.[5] The aim of this commission is to make sure that no Child Rights are being violated as provided under the Constitution of India as well as the UN Convention on the Rights of the Child. The major responsibility of this commission is to maintain the responsibilities provided under the POCSO Act, 2012, and Right to Education Act, 2009.[6] INSTANCES OF CYBER CRIMES IN INDIA The ‘Ritu Kohli Case’ was one of the first few cases that brought cyberstalking into the limelight in India. In this case, Mrs. Kohli complained that a stranger was chatting on the internet using her identity and disclosed her personal details including her phone number and address. Subsequently, Mrs. Kohli started receiving random calls on odd hours which ultimately created havoc in her personal life. The Delhi police acted swiftly by tracing the IP address and ultimately arrested the offender. The ‘Blue Whale’ and ‘Momo Challenge’ are an example of a few games which had claimed the lives of young children around the world. These games were designed in such a way that the children were so much engrossed in completing the task of the games that they ended up damaging themselves and committing suicide. In the recent case of ‘Boy Locker Room’, the Cyber Crime Cell of Delhi Police identified a group named ‘Bois Locker Room’ on Instagram which was being used by few boys to share obscene messages and pictures of minor girls and passed lewd comments. The police ceased their phones and FIR was registered under relevant sections of the IT Act and IPC. CONCLUSION AND RECOMMENDATIONS When it comes to fighting against cybercrimes especially against children and women, India is at the bottom. Cybercrimes in India are not taken seriously and most of the time such cases are not recorded in India due to many reasons, including lack of awareness among the authorities who are handling such cases and due to hesitancy of the victim and the fear of defamation of family’s name. Even the naïve Indian parents are not aware of legal remedies and some even end up victim-blaming and due to the social stigma involved police action is not taken. There are few ways to protect children from cybercrimes such as by using parental control software, placing computers in highly trafficked areas and set limits on internet access to a few websites, and by maintaining backup and security checking. Educating parents and children is the key to preventing cybercrimes. Children and women should understand the impact of sharing information online and how it can be misused by the public at large. They should also be encouraged to report strange and obscene websites or unwanted contacts. In order to spread awareness Cybercrimes as a subject must be included in the school curriculum. Age verification must be made mandatory while accessing the website containing explicit content. The law enforcers and stakeholders like the police need to keep pace with the advancing technologies and make sure that they can identify the actual perpetrator with ease. The cyber-world is entirely different from the real world but it has the capacity to engage crimes that happens in the real world. References [1] The Information Technology Act, 2000 (Act 21 of 2000), s. 66, 67, 72, 67B [2] Ibid. [3] Indian Penal Code, 1860 (Act 45 of 1860), s. 354, 509. [4] Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012) [5] Commission for Protection of Child Rights Act, 2005 (Act 4 of 2006) [6] The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009) (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Shivani Upadhyay, a 5th Year student at UPES, Dehradun. Many people have followed the conventional practice of Female Genital Mutilation (FGM) as a tradition in countries all across the world. FGM is a procedure which includes the partial or total removal of a female's external genitalia or may involve injuring a healthy genital tissue for no medical reasons, without the female's consent. It is a harmful procedure, performed on girls between infancy and age 15, [1] which interferes with her natural body, causing many short term or long term physical health and mental health implications. Sometimes, at some places, the legs of the girl are tied together for months so that the wound would heal. FGM is practiced as a tradition in cultures that believe that cutting a female's genitalia or mutilating it would reduce her sexual desires, thereby preventing her from experiencing such desires before her marriage. These cultures see this procedure as a process of initiation of a girl into womanhood. Many communities believe that the female genitalia is extremely dirty and unhygienic, so they should be removed. Another reason for carrying out this practice is the myth that female organ would grow into the size of a male organ if it is not cut. FGM is also considered as a necessary practice for some people because they think that their religion requires it. [2] Female Genital Mutilation, also known as Female Circumcision, is usually performed by the elderly most person in the family, and may also be carried out by male barbers, traditional medical professionals, members of secret society or herbalists, using tools like scissors, knives, razor blades or even scalpel. According to data from 30 countries, it is estimated that more than 200 million girls who are alive today have been subjected to this inhumane practice. [3] FGM is a global concern as it is highly concentrated in Eastern, Western and North-Eastern regions of Africa, the Middle East, and Asia. Types of FGM may vary anywhere from damaging the clitoris to sewing up the vaginal opening. In some countries, this brutal practice is considered as a right of passage or a pre-requisite for marriage. Type 1: is the partial or total removal of the clitoral glans and/or the prepuce, i.e., the clitoral hood. This is also known as Clitoridectomy. Type 2: is the partial or total removal of the clitoral glans and the labia minora, with or without removing the labia majora. This is known as Excision. Type 3: is where the vaginal orifice is narrowed down and then covered with a seal, which is formed by cutting labia majora or/and labia manora, which could be done with or without removing the clitoris. This is known as Infibulation. Type 4: involves piercing, incising, burning, branding, pricking, scraping, and all other kinds of harmful practices that could be done to the female genitalia for non-medical reasons. WHY CURBING THE PRACTICE OF FGM IS AN URGENT NEED? Female Genital Mutilation is a gross violation of Human rights of a girl child and a woman. It violates their Right to Life and Personal Liberty. It violates their right to security, dignity, and their right to live a healthy life. Not taking the girl's or the woman's consent before performing this complicated procedure on their bodies is illegal in itself. It is a form of discrimination against women when inequality between males and females exists. Surprisingly, in most of the countries, women are not only the victims of FGM but are also the perpetrators. [4] FGM is a torturous practice that has no health benefits. It only causes harm to the girl or the woman, both physically and mentally. Physical health consequences: Excessive bleeding; Vaginal Infections and Urinary Problems; Sexual Problems (pain during intercourse, decreased sexual urges); Menstrual problems; Problems during Childbirth; Need for various surgeries because of the damage caused to genitalia; Death due to pain. Psychological Consequences: Post-Traumatic Stress Disorder (PTSD); Trust issues in women from a very early age; Loss of confidence in caregivers; Anxiety Disorders like Panic attacks; Mood disorders like Depression; Marital Conflicts which may result in divorce; Aggression and Frustration because of a lack of fulfillment of sexual desires. The amount of pain and suffering a little girl goes through during such an early age is unbearable and unimaginable. People are practicing this unjustified tradition without even thinking about the consequences mentioned above. Their belief system highlights the need for these little girls to go through this inhumane process to become socially accepted by society. SUGGESTIONS AND CONCLUSIVE REMARKS: People who believe in the practice of Female Genital Mutilation are only rebels without a cause. This inhumane practice is and will always remain unjustified. FGM is internationally recognized as a Human Rights violation and is a slow battle every girl is fighting. The mutilation procedure has zero health benefits, and society still supports it as a social norm. It is different from any other kind of violence against women since it is happening daily as a highly ethical cultural practice. Countries majorly in Africa, the Middle East, and Asian, including many other countries elsewhere in the world, do have laws banning the practice of FGM. Unfortunately, these laws are very poorly implemented. One way to regulate the practice of FGM is to take the help of the new generation to change the mindset and the tradition being followed by the older generations. This new generation can help the people of older generations who are clinging onto the practice of FGM, by enlightening them about the consequences and the risks, and by showing them the reality. People need to be educated about the fact that it is not religion that requires the happening of this practice. It is the people who preach this practice in the name of religion. Moreover, cutting a female's genital parts violates her dignity and integrity. If infected, the wound may lead to her death, which could deprive her of her right to life. UNICEF (United Nations Children's Fund) and UNFPA (United Nations Population Fund) have come up with a program encouraging zero-tolerance policy for the practice of FGM. These institutions have focused their efforts to eliminate this unhealthy ritual to make the world a safer and better place for girls and women to live in. Thus, if moral laws are enforced and implemented in every country, the life of 4 million girls worldwide [5], who is at the risk of being the victim of FGM every day, could be saved. References [1] Female Genital Mutilation, WHO, February 3, 2020. [2] Rebecca A. Clay, Helping Victims of Female Genital Cutting, American Psychological Association, Vol. 48, May 2017. [3] Female Genital Mutilation/Cutting: A Global Concern UNICEF, New York, 2016. [4] Female Genital Mutilation (FGM) Frequently Asked Questions, UNFPA, July 2020. [5] What is Female Genital Mutilation? 7 Questions Answered, UNICEF, March 4, 2019. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Gargi Dhang, Vth BA LLB (Hons.) student at National Law University and Judicial Academy Assam. "A person's a person, no matter how small" once said, Dr. Seuss. It shows the importance of childhood and keeps the child on a par with an adult. The court always forward to "The best interest of the child" as after the parents are separated, it is the child who is left behind to suffer the worst. Several times the courts have taken the responsibility to interpret the guardianship and custody law in a manner to ensure the best interests of the child are protected. Divorce means the legal dissolution of a marital bond[1] that affects not only the whole family but also the children who become vulnerable to traumatic experiences and bear the pain of seeing their family disintegrating and a line drawn between their parents. A child, as a human being, has been identified by law as a legal object. The word 'child' has been defined in Article 1 of the Convention on the Rights of the Child (CRC), which states that "every human being below the age of 18 years unless, under the law applicable to the child, the majority is attained earlier."[2] Custody and access, has shifted from 'right of a parent' to 'right of a child' and is decided considering the child's emotional, educational, social and medical needs to be undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies but still there remains ambiguity in the concept leading to competing interpretations. The prime concern is to help the children grow and develop, and accomplish their potentials together with correlated responsibilities of parents and social institutions towards those needs.[3] As per the CRC in all steps taken under article 3, the best interest of the child is required to be the chief determinant[4] ; also, a child may be separated from his/her parents if there has been "abuse or neglect of the child by the parents. According to the UNHRC (United Nations Human Rights Commission), the best interests of the child are a proxy given by the Convention for the well-being of a child based on several conditions.[5] Children become the innocent victim of divorce as the parents start fighting over issues like child custody, support, and visitation and when they grow up to become teenagers or adults, they face problems in carrying their relationships and face trouble with self-respect, the reason being that they haven't seen their family carry out relationships happily. Even many children, especially pre-schoolers (children below the age of 9 years), start blaming themselves, assuming that perhaps they are the reason for the divorce between their parents and have replacement fantasies. Adolescents (children between the age of 9 and 13 years) become more independent and on their own in matters of their life; males become aggressive whereas females become anxious, withdrawn from the society, and become sexually active at a younger age. Often children have to shift to another home and many times to a different school, and they will neither see nor be with their mother and father at the same time, or they will not get to see their friends due to a new city. Often such children are usually stigmatized in the community and do not get equal status like other children to get. An emotionally stressed child can also commit any criminal act and lead to acute depression, suicidal ideation, and sometimes violent, acting out episodes and various other harmful things. A child has not experienced much in his/her life and has a soft heart created by God, needs support on every facet of life; otherwise, the emotional and behavioral distress create negativity about their potential marriage prospects and lessen their living standards and well-being. Economically speaking children of a divorced couple do not get the benefit of joint-income of their parents as the single parent has to look after the house, due to this the standard of living and well-being is further affected, more likely to gain lesser educational achievement, therefore procure fewer earnings and the monetary hardships if consistent and long-lasting, might result into having a long-term effect, once the children are prevented from holding in exercises that are necessary for their development, both cognitive and social. As regards child's custody the court decisions based on the best interest of the child[6] and the other times a mature kid explicitly, expresses his will to the court to stay with someone or hand over his custody to someone as we've seen in the case of Meenpushpa v. Ananthan Jayakumar,[7] where the child wanted to be with his grandparents. Article 39(f) of the Constitution of India lays down the responsibility of the State to frame a policy securing the children. The provisions under Article 15(3) and Article51-A(k) also voice the rights of the child. Under Hindu law, the Hindu Minority and Guardianship Act, 1956, govern the issues of custody and guardianship under the Hindu law. The definition of 'natural guardian' is defined under section 6(a) of the Act in the case of an unmarried girl or of a boy as the father and after him the mother.[8] The father cannot become the custodian of the child even if he is the natural guardian. Courts can pass orders concerning custody, maintenance, and education of minor children, in accordance with their wishes.[9] Under Muslim law, the Muslim Personal Law (Shariat) Application Act, 1937,[10] applies in Hizanat, and the mother has the primary right to custody, and the father is the sole guardian. The custody of the minor girl remains with the mother till she attains puberty, and for boys, this right is extended till the age of seven. A mother cannot be deprived of this right unless she is disqualified because of apostasy or misconduct, and her custody is found to be unfavorable to the welfare of the child. The court applies the criteria of the best interest of the child in their custodial arrangements as per Guardians and Wards Act, 1890[11] , which is a secular Act and guardianship in communities other than Hindu and Muslims are governed by this Act, which lays down that the father's right is primary. Section 4(2) of the Guardians and Wards Act, 1890 defines a guardian to be a person having the care of the person of a minor or of his property or both his person and property. The Divorce Act, 2000, provides the law of custodial arrangements for children among Christians. In the case of Parsi, Section 49 of the Parsi Marriage and Divorce Act, 1936[12] , and Section 41 of the Indian Divorce Act, 1869[13] courts are authorized to decide the interim custody of children. United Nations Convention on the Rights of the Child (UNCRC), an international effort to promote the basic needs of children as fundamental human rights, is a remarkable and wonderful gift to the children, which is given a 'go by' by our current legal system. The "Best Welfare of the Child" is the utmost consideration in the proceedings of custody to ensure the child's future safe and protected, regardless of altering familial circumstances. In the case of Carla Gannon v. Shabaz Farukh Allarakhia,[14] the Bombay High Court held while determining the final decree, the best welfare of the child should be the paramount consideration, irrespective of the various contentions of the parents. The Apex Court in the case of Nil Ratan Kundu v. Abhijit Kundu,[15]has held that the term "best welfare" of a child shall not be measured merely in terms of money or physical comfort. Instead, it must be taken in the sense that the tie of affection cannot be disregarded. On 6th July 2015, the Apex Court in ABC v. The State (NCT of Delhi)[16]set up a precedent by stating that an unmarried mother must be recognized as the legal guardian of her child, and she cannot be forced to disclose the identity of her child's biological father. The Karnataka High Court, in KM Vinaya v. B Srinivas,[17] held that both the parents are entitled to get "joint custody for the sustainable growth of the minor child." Rebuffing the current adversarial and "winner-take-all" approach where children's' essential needs are often overlooked, and their safety, security and primary attachment relationships are thrown at risk, I am of the view that shared parenting must be encouraged where the responsibilities must be oriented according to the children's interests. The social institutions like court must share the responsibility of supporting the parents towards the fulfillment of their parental responsibilities, instead of undermining them. References [1] Available at: http://legal-dictionary.thefreedictionary.com (June 25, 2020). [2] UN Convention on the Rights of the Child, article 1 (1989). [3] Kusum, FAMILY LAW LECTURES, FAMILY LAW I, 4th ed. 2015 pp. 335. [4] Convention on the Rights of the Child, Art. 3, (1989). [5] UNHRC, UNHRC Guidelines on Determining the Best Interests of the Child, (2008). [6] Mausami Ganguli v. Jayant Ganguli, (2008) 7 SCC 673 [7] AIR 2004 Mad 1. [8] Gita Hariharan v. Reserve Bank of India, (1999) 2 SCC 228. [9] Hindu Marriage Act, 1955 Section 26. [10] Muslim Personal Law (Shariat) Application Act, 1937 Section 2 . [11] The Muslim Women (Protection of Rights on Divorce) Act, 1986. [12] Parsi Marriage and Divorce Act, No. 3 of 1936, Section 49 [13] ndian Divorce Act, No. 4 of 1869, Section 41. [14] Criminal Writ Petition No. 509 of 2009. [15] (2008) 9 SCC 413. [16] AIR 2015 SC 2569. [17] AIR 2013 SC 102. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Anjali Joji, 3rd Year Student at Amity Law School, Amity University, Noida Protection of women and children has always been a prime concern of state and non-state actors, but unfortunately, it remained only in papers and hardly applied in practical life. Therefore, women and children remain delicate organs of the society who are prone to be aimed and attacked during the occurrence of unfortunate events like armed conflicts. Though it is claimed by the governments that they indulge in wars and armed conflicts for the sake of its citizens, but in the end, though inadvertently, citizens are the most maltreated ones, principally women and children who are not self-subsistent. Armed conflicts are the result of disagreements arising between parties owing to their contradictory perspectives on a subject matter, which eventually paves the way for violence amongst the parties and mass violation of human rights. Armed conflicts are categorized as International armed conflict and Intra-state armed conflict wherein under former the conflict is between different countries and in latter, the conflict is between government and non-state actors. The brunt of such conflicts befalls fiercely upon women and children as they are non-combatant civilians devoid of care and protection. Victimization of women and children through murder, rape, sexual abuse, forced disappearance, torture has been in vogue in certain countries to bring an end to a particular community or culture. Women and children are easy prey for not just the unscrupulous adversaries of the conflicts; instead, even the peace-keeping forces leave no stone unturned in maltreating civilians. The ordeal suffered by a 13-year-old Manipur girl who was raped by two Indian soldiers depicts the egregious situation wherein women can’t escape the brutality of men, whether uniformed or non-uniformed. Women shoulders double burden during armed conflicts, as on one end they struggle to be the breadwinner for the whole family and at the other end they have to keep themselves protected from the unfortunate inevitable part of war i.e. rape, mutilation of sexual organs, forced pregnancy, and prostitution. Women and young girls are the primary targets of opponents as it hits two targets with one arrow i.e. humiliation of women which shall recede the moral and emotional strength of male combatants and causing the civilians to migrate in fear. In 1994, when the Rwandan genocide occurred, Tutsi women were targeted by the majority Hutu ethnic group as a means to ostracize the minority Tutsi group. Such inhumane acts leave an adverse impact upon women, especially young girls who get traumatized by it. Children are also victims of the adversities created by armed conflicts. It hinders the development of children by posing threat to their safety, survival, health, and education. Armed conflicts are detrimental to the interests of children, as it not only carries away their fundamental right to live and grow in safe environments, but also leaves them injured, disabled, traumatized, exploited, orphaned, imprisoned and at times killed. Children are not only made to participate in conflicts by recruiting them as child soldiers, cooks, messengers, suicide bombers, also are made witnesses of deaths, rapes, tortures, and displacement of family members. The armed forces take advantage of the vulnerabilities of children and entice them to pick up drug dealings, street fights, forced prostitution, weapon deliveries, and explosive activities in consideration of financial assistance. The most common visuals during armed conflicts are genocides, the devastation of properties, and displacement of civilians. In the process of displacement, asylum seekers and refugees undergo severe hardships as they usually get segregated from their family members and end up in foreign lands unequipped with the most indispensable things such as food and shelter. The instances of Syrian ongoing civil war since 2011 and the Rohingya Refugee Crisis are proof enough of the repercussions of armed conflicts upon the civilians, principally upon women and children. Bearing in mind the inhumane conditions of civilians during armed conflicts, the United Nations and its member states have been striving to suppress the harsh impacts of such conflicts. International Humanitarian Law (IHL) which has evolved over the centuries can be considered as a pioneer in this realm which intents at curbing the reverberation of armed conflicts upon civilians. The fundamental principles of IHL are to protect the non-participants of armed conflicts and to restrain the means and methods of warfare. Sadly, the implementations of these principles are hardly effective as state and non-state actors prefer their own warfare methods which they aren’t willing to compromise. Russia, Iran, and Syria are exemplars of states preferring freedom for using weapons of their own choice, even if such weapons are detrimental to innocent civilian’s lives. One of the significant causes of oppression of women can be traced to the lack of involvement of women in the decision making bodies whether at national or international levels. In India, women constitute 48 percent of the population yet their role in legislative, executive and judiciary is less than 10 percent in each organ. Representations of women in these domains are mandatory for addressing the issues pertinent to women. Recognizing the role women can play in conflict management and peace-keeping, the UN Security Council Resolution on women, peace, and security’ was unanimously adopted in 2002 by the UN Security Council.[1] The SCR addressed not only the inordinate impact of conflicts upon women but also the inclusion of women in decision-making bodies. The 3 pillars or ‘3 Ps’ of this resolution have been Participation of women in decision-making bodies for management, negotiation, and peace-keeping, and Protection of women during armed conflicts and at refugee camps and then the Prevention of crimes against women by prosecuting the accused. Though many resolutions of such nature came into being, countries like Russia, China, Syria, and Iran are adamant and less willing to give away their freedom of action. Hitherto, India too has not adopted any action plan for executing the principles set forth by the SCR. International Criminal Court was established in 2002 for prosecuting peoples accused of massacres and other war crimes, but the fact that majority violators of human rights in armed conflicts are never brought before the law for punishments arouse concerns over the proper implementation of international laws. United Nations Convention on Rights of Children (UNCRC), adopted in 1989 and ratified by India in 1992, has been a major step taken on the international level for protecting child rights in a humanitarian crisis. Articles 38 and 39 of UNCRC mandate the protection of children during armed conflicts by curtailing children’s participation in hostilities and providing protection and care if children are affected during conflicts and most significantly the states have been bestowed with the obligation to promote physical and psychological reintegration of the children post conflicts. India being a signatory to UNCRC has to abide by CRCs provisions and in compliance with it, the Commission for Protection of Child Rights Act, 2005 came into effect in India in 2007. The mandate of Act includes safeguarding children, inquiring into complaints vis-à-vis violation of child rights, carrying inspections of custodial institutions, providing measures for the betterment of children, and serving as a forum easily accessible for seeking redressal at times of infringement of child rights. India has various provisions for the protection of women and children, but there’s no express provision for protecting civilians rights during wars and armed conflicts except for Articles 20 and 21 of the Indian constitution which iterates the right to have a dignified life and personal liberty. The preamble of the constitution is the source from which the significance of dignified life can be traced. Everyone has the right to lead a dignified life irrespective of class, caste, gender, and ethnicity, but the atmosphere created by conflicts often leads to mass violation of basic rights of civilians majorly comprising women and children and the majority of offenders never meet with court proceedings and get punished. The fact that even the government refuses to address the grievance of affected civilians when offence is committed by armed forces is more distressing. The multifacetedness of government was made visible when the government tried to shield soldiers accused of rape in Manipur, disregarding the fact that rape victims are also Indian citizens. Kashmiri women have been through years of sexual and verbal harassment caused by armed forces due to the immunity armed force possesses of being guardians of our country. Even after having stringent laws against offenders, the judiciary also fails to dispense justice at once due to a number of reasons, which often demotivate victims from approaching courts. As righty said- ‘justice delayed is justice denied’. Therefore, there’s a dire need to implement everything written in papers in real practical life. References [1]Maneka Gandhi v. Union of India, 1978 AIR 597, 1978 SCR (2) 621 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Nidhi Chaudhari, 2nd Year Student at Symbiosis Law School, Hyderabad It’s high time for India to realize that protection of women and children is the way to strengthen the nation in itself. Basic Fundamental Human Rights of individuals embrace the protection of one’s respective freedoms. But, predominantly, women and children's rights are neglected in society. Apparently, the legal jurisprudence of India ensures equality and protection to all citizens, yet, a shedload of issues are faced by the women and the children in every walk of this country. The rapid growth of the country would lead to engage and posit more efforts in the elimination of such issues but it would rather prove ineffective. As the judicial system and the legal jurisprudence needs to be amended in the first place in such a way that it ensures a balance between all the rights and fundamental freedoms of a citizen. The protection of women would strengthen the nation and the protection of children would ensure rapid growth and development of the nation. Gender Inequality is one of the major issues in this country. Discrimination, inequality, violence underpins violation of human rights of women and are also denied the protection of these rights. On a global platform, the most important issue and the biggest concern is empowering the divulge of women in society. In the present scenario, women and the youth of the country go through immense challenges and violations of their rights. Rape is one of the most controversial subjects in this current scenario. In spite of the laws that are made for the protection of women, they do face a lot of problems for it to be enforced. The practice of anti-rape laws in the Criminal Judicial System is vague. It also is known that rigid challenges are faced by the women to make sure that the accused faces prosecution. The youth face a lot of crimes such as “rape and sexual assault”. The youth is bound to explore. But there’s always fear and anxiety of rape and sexual assault. Due to this, the youth develop negativity in themselves which leads to depression, anxiety, fear to move freely, etc. Rape and sexual assault change the behaviour of the youth. These heinous crimes completely change the knowledge and outlook of one’s person. Gender equality ensures no discrimination on the basis of sex, caste, race, and religion. But, there is always a controversy between these factors. One of the factors is religion. In order to protect the religion of a particular community, women’s intrinsic rights in India are either violated or denied to them. The judicial system in India contravene its laws and provisions and is full of inequalities, discrimination, etc. which usually conflicts with a citizen’s basic fundamental rights. In India, the rights of women are associated with their human rights. To be precise, women’s status in society is laid down by their personal laws. In India, oppression and suppression are faced by women every single day. In this, women’s personal and human rights get violated. The Indian Judicial system was created in order to ensure and promote unity and universal brotherhood in the country. It was created to promote integrity and to secure the preamble of the Indian Constitution. Gender discrimination is common in India. The judicial system needs to be secular and in favour of gender equality. Discrimination on the basis of caste is one of the conventional aspects among the youth of the nation. Every citizen of India is defined by their own respective caste. Inequality between the caste system escort towards the inability to education and employment. The caste system directs towards the exploitation of the youth in the form of violation of their rights, violence, assault, denial of education, and child labour. The computation of a child’s maturity, physical and mental capacity is strenuous. Women and Children in India are denied to make any decisions. There’s always parley of universal brotherhood, but no one in such a country talks much about universal sisterhood. The battle of the sustainability of women and children's human rights is fragile. Women and the youth in India delineate the most number of assault cases. Sexual violence and assault are being enacted upon women and children in every corner of the country. The judicial system fails to provide protection and safety to women and children's rights. It is spooky to realize that women and children are being manhandled in our nation and its considerably additionally startling on the grounds that it occurs inside the shut dividers of private homes, aside from schools, railroad stages, prisons, and so forth. It could be physical, mental, sexual maltreatment, or torment by carelessness. Carelessness happens when the parent neglects to take into account the child's turn of events, with respect to his/her wellbeing, instruction, sustenance, cover, and enthusiastic turn of events. Sexual maltreatment is covered peacefully and individuals think it is fit to accept that India has no occasions of youngster misuse. It is significant for the Indian culture to know and recognize the barbarity of women and child misuse and demand for settled laws so as to shield the privileges of the women and children. Sexual maltreatment is an all inescapable general medical issue that influences every one of us legitimately or by implication. Child sexual maltreatment can cause some short-and long haul battles for casualties, guilty parties, families, networks, and bigger social frameworks. Youngster sexual maltreatment is wrongdoing that is sustained peacefully and mystery. The casualties are commonly considered as simple sources or observers in criminal preliminaries, helping the state in its undertaking to rebuff guilty parties, and are currently turning into the central purposes of the criminal judicial system. The criminal justice system is essentially intended to redress the exploitation of these casualties and to address the issues faced by women and children of the nation. In India, women, on one hand, are venerated as the goddesses and considered as images of vitality and soul of the universe, however then again countless Women are abused socially, financially, and explicitly in view of the universal conventions, customary culture, strange notions, legends, and convictions. Balance under the steady gaze of the law also, equivalent assurance of law among males and females is the protected assurance on the quality of which a few the lawful arrangements are available in the Indian Penal Code (IPC). Some uncommon enactment, have likewise been authorized every once in a while for the avoidance and control of sexual abuse of women in this country. Forestalling child abuse and assault isn't just an issue of guardians making a superior showing, but instead, it is tied in with making a setting in which "improving" is simpler. Edified open approach and the replication of top-notch freely upheld mediations are just a piece of what is expected to effectively combat child negligence. It stays critical to remind the open that youth negligence and disregard are serious threats to a child's sound turn of events and that obvious brutality toward children and a steady absence of thoughtfulness regarding their consideration and oversight are unsuitable. People can acknowledge moral obligation regarding decreasing demonstrations of youth negligence, rights and assault by offering help to one another and offering security to all children inside their family and their locale. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

By- Antra Azad, 3rd Year Student at Chanakya National Law University, Patna In the growing age of cosmos and sciences, women body still remains a vulnerable structure for men and the associated taboos remain at peak. The natural clause that comes along with the gender is also made associated with the society guidelines which we are expected to follow without questioning the rationality of it. One such mystery is menstruation which is known to all but we pretend to keep it a little secret among women. Menstruation, or period, is regular vaginal bleeding that takes place as a part of a woman's monthly cycle. This process makes a woman ready to bring the next generation into life. It also stands as an indicator for a woman to know if she is pregnant or not and helps to keep a check on her health. But the question remains that how could a regular body function be a matter of shame for the whole gender. Period poverty is a broader issue than one of the economies. Because of entrenched stigma and taboos related to it, girls remain unaware of this big change that is about to come in their adolescence until menarche. No discussion is made either in their family or school but soon when the arrival of the first menstruation is marked, girls are levied with the dos and don'ts list without being asked about the mental health they are suffering from due to this big change in their life. A whole list of restrictions is imposed during this period and their involvement in the household is minimized because they are thought to be impure enough to be a part of it. Religion also comes up with its own rules of curtailments where the entry of women in the worship place is strictly prohibited because apparently they are impure to be a part and such practices are encouraged through the sacred books of different religions. Quran mentions “go apart from women during the monthly course, do not approach them until they are clean" Quran 2:222 The Bible quotes "…in her menstrual impurity; she is unclean… whoever touches…shall be unclean and shall wash his clothes and bathe in water and be unclean until evening" Leviticus 15 All of these social disorders can be traced down to backsliding cultural ethnicities that have deep-rooted patriarchal biases against women. Studies have also shown that male perspectives towards menstruation have enabled these myths and misconceptions to make a strong grip in this society. To normalize the idea of women bleeding every month education regardless of gender becomes very important. Men still get disgusted when they see a stain on the dress. Maybe to avoid men getting triggered Indian advertisement is still stuck in the era where they depict stains in the colour blue so that the advertisement could be family-friendly to watch but they fail to understand that these are the small steps to cure taboo around. Menstruation is one of the few reasons which compel a girl to put a bar to her education. In one of the surveys by the NGO Dasra, 23% of girls drop out of schools with the onset of menstruation. The prime reason for this is the lack of hygiene facilities in the school or the fear of ostracisation around. We need to make the society which is menstrual friendly with making pads easily available and create logical awareness about it. This euphemism that carries around with this regular cycle is affecting the gender in various ways. One of the biggest hits is on their health because the young girls are unaware of what is to be done and what needs to be avoided during this period and this unawareness, as a result, carries along with the generation which in turn becomes the vicious cycle of taboos. Lack of awareness about the hygiene that ought to be maintained instead of the poverty, ignorance, and unavailability of menstruation products force them to use rags and leaves which could possibly contribute to urogenital inflectional disease which could be grave in nature. Not just physical trauma, menstruation contributes to mental illness as well. Hormonal change is witnessed during this period which leads to mental-emotional breakdown termed as premenstrual syndrome (PMS) to which stereotype and stigma could easily add up to their bad mental health. The government should focus on providing basic amenities to girls to cope up with this monthly routine. This would address the issue from disease associated with menstruation to increase the literacy rate among women. At first, the Supreme Court made an attempt in the case of Environmental and Consumer Protect Fund v. Delhi Administration & Ors[1], where sanitization was brought up and the order was passed to improve sanitization and building up separate washrooms for girls. Asserting the importance of the same, the Court made the following observation which showed concern about the deteriorating statistics of girls imparting education due to unavailability of toilet facilities which violative of the right to free and compulsory education of children as guaranteed under Article 21-A of the Constitution. Invoking Article 21 obligated the schools to build compulsory toilets. Lack of the availability of menstrual hygiene or disgracing women for something like menstruation which she has no control over which directly attacks the dignity of humans enables the issue to reserve its place under article 21. The government launched a Menstrual Hygiene Scheme in the year 2011 intending to provide napkins at the subsidized rate but is not a success due to ignorance, high cost, and lack of knowledge. While from the side of the government the irregular supply of the pad has made the whole scheme futile. Similarly, under the Rashtriya Madhyamik Shiksha Abhiyan, the government allows subsidy to provide facilities like proper separate washroom and providing sanitary napkins both in school and girls hostel but the contention remains regarding the implementation of the scheme because every scheme seems fancy enough until it is on paper but in reality, the existence of the whole structure lacks in. Adolescent girls need the backing of their governments to arrange for adequate infrastructure, access to affordable sanitary products, and gender equity for them to manage their periods. It is high time that we understand that Menstruation is a human issue and not only a women's issue. Equally important it is to understand that it concerns hygiene and is not a purity issue. Reference(s) [1]Environmental and Consumer Protect Fund v. Delhi Administration & Ors (2010) 15 SCC 261 (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)