The

Essentials of
Child Protection
a handbook for beginners
Acknowledgements
Publication : The Essencials of Child Protection
A Handbook for Beginners

Published by : CHILDLINE India Foundation

Research & Development : CIF Team

Publication Supported by : Plan India

Design : Designbar

Photographs : Thanks to photographer Pravin Talan for giving us pictures used

on front cover, page no 2, 8 and 48.

: Abhinav Shaw (Back Cover & page13)

: Amir Rizvi (Pages 4,6,7,18,26,28,32,34,35,40,43,47,55)

: Models used for page 35 (Mohit’s dilemma)

Atul, Yogesh, Shraddha, Shalini, Asad & Stella.

Printed by : Silverpoint Press Pvt. Ltd.

Year : 2008

Important : This publication is for private

circulation. Any part of the publication may be
reproduced or transmitted in any form or by
any means with due acknowledgement to the
authors and publishers.

CHILDLINE India Foundation

Nana Chowk Municipal School
2nd Floor, Frere Bridge
Near Grant Road Station, Mumbai-400 007
Email: dial1098@childlineindia.org.in
Website: www.childlineindia.org.in
Tel: 91 22 23881098 / 23841098,
Fax: 91 22 23811098
Content

Introduction 04-06

Chapter 1 : The essentials of Child Rights 09-17

Chapter 2 : Understanding Child Protection 19-27

Chapter 3 : Identification of Child Protection Violations 29-39

Chapter 4 : Acting on Child Protection Violations 41-47

Chapter 5 : Child Protection and the Law 49-54

1
o
1/5us.
of
3
Introduction We believe there is a strong need to strengthen
civil society’s commitment to ensuring that child
protection is understood and practiced by all of
Dear reader, us who are stakeholders in ensuring the rights of
With one- fifth of the world’s children, India is children. This handbook would help in building
home to the second largest child population in capacities of stakeholders - organizations,
the world. Accounting for the largest number of individuals, families and communities and help
children in work, sexually abused children and us work towards proactively addressing issues
the second largest number of children affected of child protection, and realizing child protection
by HIV, India can arguably be seen as having the rights of children.
highest number of children facing exploitation
and neglect. There are massive violations of the The child laborer we see in our local grocery
child’s right to protection every single day that store, the domestic worker in our neighborhood,
are under-recognized, and under-reported. little children begging at traffic lights, the many
cases of sexual assault on children we read
We realize that children are more vulnerable about in the papers, and the hundreds of
than adults, to conditions under which they assaults that go unreported lead us to believe
live. Hence, they are more affected than any that urban or rural, rich or poor, gross child
other age group by the actions and inactions protection violations glare at us every where.
of governments and society. There are national
and international policies and legislation in CHILDLINE 1098 is India’s only 24-hour
abundance for the protection of children’s emergency phone outreach helpline service for
rights. The Indian Constitution has provisions children in need of care and protection. Available
which guarantee that the State meets the basic in 83 cities and towns, having responded to over
requirements of the child and protect their 13 million calls for assistance since its inception
human rights. India is a signatory to the United in 1996, CHILDLINE 1098 is the only helpline
Nations Convention on the Rights of the Child service offering a comprehensive package of
(UNCRC). Yet, loopholes in the law coupled with child protection services to children in India.
the lack of effective implementation, cultural
tolerance of certain practices, and general public The CHILDLINE experience (engaging with
apathy of the serious levels of harm faced by non government organizations, government,
millions of children leave a lot to be done. and civil society across the country) tells us
that child protection issues are not accorded
adequate priority or investment. With this in
the background CHILDLINE India Foundation
entered into a strategic partnership with
Plan International (India) to strengthen child while some sections are interactive, enabling the
protection research and advocacy. At the facilitator to create small orientation programs/
time, Plan International globally articulated workshops for colleagues.
its commitment as an organization to child
protection by framing a global child protection A lot of information in this manual has been
policy for implementation by each Plan unit compiled from various different sources which
around the world, and its partners. A key aspect have been acknowledged in the section on
of CIF’s partnership with Plan that evolved from “sources of information” at the end of this
this was CIF providing technical support to manual.
Plan International (India) to strengthen it’s own
understanding of child protection internally, and The exercise led CIF into a series of interactions
that of it’s partners. with more civil society organizations across the
country. A gap we found was that while many
This handbook is a ready reckoner of sorts organizations have a child protection policy in
specifically for any individual who would take on place, there is very little material available that
the role of facilitator or child protection champion facilitated an understanding of child protection
in his / her space (organization / community). issues and provided simple guidelines for acting
Hence, this handbook design incorporates some on child rights violations.
sections that are theoretical and informative,

Hence, this handbook is designed for any organization in the civil society space working directly
or indirectly, formally or informally with children, in communities, in educational institutions and
recreational spaces. It aims to:

• Provide basic knowledge and understanding on the concepts of child rights and child
protection violations.
• Create consciousness of the urgency for child protection to be accorded priority in society.
• Provide a framework for locating and acting on instances of child protection violations at the
individual organization and community.
• Facilitate simple decisions on how to act on child protection violations at the individual,
organizational and community level.
• Provide simple action points to prevent and address child protection violations.
• Empower the reader with information on the law relevant to child protection issues.

5
This handbook is organized into five chapters. These are outlined below :

1. An understanding of child rights

2. An understanding of child protection

3. Identification of child protection violations

4. Acting on child protection violations

5. Child protection and the law.

The information and tools presented in this handbook would help the user address problems through
information sharing and training aimed at strengthening child protection policies and programs at
various levels, depending on the scope and nature of their work. It would also be a useful resource
for gaining a better understanding on the subject of child protection including ways of identifying
violations of childrens’ rights and addressing them in our day to day personal, social and professional
lives. Tips on methods of presenting the content are given to the facilitator but these are not meant to
limit creative presentation. The facilitator needs to plan the training based on the audiences’ level of
knowledge and experience.

This mainly aims at strengthening child rights in society by creating awareness, understanding
and commitment among decision makers, opinion formers and everyone who has day to day
contact with children. This handbook will help in responding to the need felt by organizations and
individuals working with children in the civil society space. Although there are existing policies for
child protection in a lot of organizations, there is a need for a ‘how to’, a basic resource on Child
Protection, that will guide and support development of a child protection mandate across civil society
organizations and the community at large.
7
1CHILD RIGHTS
The essentials of

9
Introduction
This chapter aims to provide users of the handbook a basic understanding of what child rights are.
We take you through a series of questions and reflection to define child rights. This understanding is
critical to facilitate a rights based approach for programs and interventions with children. It introduces
users to the United Nations Convention on the Rights of the Child (CRC). We spell out provisions
in the Indian Constitution that articulate human rights entitlements which are also applicable to the
children of India.

Objective
• To introduce a rights based framework while working with children.
• To Introduce the United Nations Convention on the Rights of the Child.
• To highlight provisions for child development enshrined in the Constitution of India.

To enable us to understand what child rights are

it may be helpful to reflect on the following:
• What do children need?
Sample answers, add on to these: they need to be alive, nutritious food, good health,
to be protected from harm and abuse, education, they need to play, express their
opinions and be informed of developments that affect them.

• Are all children entitled to the same things?

Think of different types of children, gender, age groups, different cultures,
different communities.

• Who is a child?
According to the law and according to you

• List some needs of children.

Try and classify them under survival, protection, participation, and development

• Who is responsible to provide these needs?

Sample answers: Parents, family, community, Non Government Organizations,
local administration, Government

• Are all needs being met?

Examine your community. Where are the children? What are their needs?
Are their needs being provided for?

• Which of these needs are non-negotiable entitlements that should be

provided to every child?
Sample answers: food, clothing, shelter, love, family, education. List these out and
engage in a discussion. Allow for the group to decide what the non-negotiable needs
are. If there is an important need that is left out, then the facilitator should ask a
provoking question to lead the group towards identifying the need.

This tool has been developed by the Indian Alliance For Child Rights.
We can thus define Child Rights as…
Child Rights represent basic entitlements that every child in the world should be able to do or
to have. All children have the same rights. All rights are connected to each other and are equally
important. These rights are enumerated in the United Nation’s Convention on the Rights of the Child
(CRC).

Note to the facilitator:

Rights are entitlements every child deserves to have. Those who are responsible to provide them are
duty bound to do so. Rights reflect the most basic needs of children and are common to every child.
If they are not fulfilled the child suffers, does not have the chance to develop or may not even survive.
To make the exercise more experiential you could take participants through an exercise where they
have to imagine they are children and list out three things each that made them happy, scared, and
sad. Have a sharing discussion. Cluster these in four boxes as under

SURVIVAL PROTECTION

PARTICIPATION DEVELOPMENT

These are the four broad heads under which all child rights are clustered in the CRC.

11
The United Nations Convention On The Rights Of The Child (CRC)

Did you know? human dignity and harmonious development

of every child. The Convention protects
• That the UN Convention on The Rights Of children’s rights by setting standards in health
The Child took 10 years to be drafted? The care; education; and legal, civil and social
first Declaration of the Rights of the Child was services.
a 5 point declaration, drafted by Eglantyne • That the CRC , adopted by the UN general
Jebb (Founder, Save the children) in 1923. Assembly was the most rapidly ratified
A revised version was adopted by the United international convention ever?: it was ratified
Nations in 1959 but remained a statement of within eight years by the UN’s 189 member
principles rather than a binding document. In countries. Only two countries which have
1978, a new and binding convention on the not ratified the convention are the USA and
rights of the child was called for. By the end Somalia.
of the cold war – the first international legal
instrument, The UN Convention on the Rights • That the CRC though extremely
of the Child, (CRC), adopted by consensus comprehensive and exhaustive and moving
entered into force as international law on many leaps forward in providing a framework
September 2, 1990. for addressing Children’s Rights, does not
talk about responsibility of the child? The
• That the CRC is a legally binding international only international instrument that talks about
instrument? It incorporates the full range responsibility of the child is the African
of human rights—civil, cultural, economic, Charter for the Welfare Of The Child 1990.
political and social rights.
• That by agreeing to undertake the obligations
• That the CRC is the only international Child of the Convention (by ratifying or acceding
Rights instrument that talks of children’s to it), national governments have committed
participation? There is no universally themselves to protecting and ensuring
accepted definition of child participation. children’s rights? And that they have
Roger Hart describes participation as the agreed to hold themselves accountable for
process of sharing decisions which affects this commitment before the international
once life and the life of the community in community. States parties to the Convention
which one lives. It is the means by which are obliged to develop and undertake all
democracies are built and it a standard actions and policies in the light of the best
against which the democracies are interests of the child.
measured.
• That compliance with the CRC is monitored
• That the Convention sets out these rights in by the Committee on the Rights of the Child,
54 articles and two Optional Protocols? It which is an independent international body?
spells out the basic human rights that children The committee has the responsibility to
everywhere have: the right to survival; To scrutinize governmental action to implement
develop to the fullest; to protection from the Convention. 5 year progress reports on
harmful influences, abuse and exploitation; the state of children’s rights are submitted
and to participate fully in family, cultural and by the government, and alternate or
social life. complimentary reports submitted by the
• That over the years Children’s protection NGOS.
rights are steadily gaining ground? Issues • That India acceded to the CRC in 1992.
of child abuse, child labour, trafficking are We have submitted 2 periodic reports to
also gaining in profile along with basic the Committee on the Rights Of The Child.
developmental rights of education, health, Our next 3rd and 4th periodic report is due
social welfare and nutrition. in July 2008. The nodal Ministry for the
• That the four core principles of the child is the Ministry of Women and Child
Convention are non-discrimination; devotion Development. India has also ratified the two
to the best interests of the child; the right to optional protocols on Sale and Trafficking of
life, survival and development; and respect Children and Child Pornography and the Use
for the views of the child? Every right spelled of Children in Armed Conflict.
out in the Convention is inherent to the
13
The CRC Made Easy

Article 1 Article 12
Everyone under 18 has these rights. Children have the right to give their opinion, and for
adults to listen and take it seriously.
Article 2
All children have these rights, no matter who they Article 13
are, where they live, what their parents do,what Children have the right to find out things and share
language they speak, what their religion is, whether what they think with others, by talking, drawing,
they are a boy or girl, what their culture is, whether writing, or in any other way unless it harms or
they have a disability, whether they are rich or poor. offends other people.
No child should be treated unfairly on any basis.
Article 14
Article 3 Children have the right to choose their own religion
All adults should do what is best for children. When and beliefs. Parents should help decide what is
adults make decisions, they should think about right and wrong, and what is best for the child.
how their decisions will affect children.
Article 15
Article 4 Children have the right to choose their own friends
The government has the responsibility to make and join or set up groups, as long as it isn’t harmful
sure Children’s rights are protected. They must to others.
help families protect children’s rights and create an
environment where children can grow and reach Article 16
their potential. Children have the right to privacy.

Article 5 Article 17
Family has the responsibility to help children learn Children have the right to get information that is
to exercise their rights, and to ensure that their important to their well-being, from radio, news-
rights are protected. paper, books, computers and other sources.
Adults should make sure that the information
Article 6 children are getting is not harmful, and help
Children have the right to live. children find and understand the information they
need.
Article 7
Children have the right to a name, and this should Article 18
be officially recognized by the government. Children have the right to be raised by their parents
Children have the right to a nationality (to belong to if possible
a country).
Article 19
Article 8 Children have the right to be protected from being
Children have the right to an identity – an official hurt and mistreated, in body or mind.
record of who they are. No one should take this
away from them. Article 20
Children have the right to special care and help if
Article 9 they cannot live with their parents
Children have the right to live with their parent(s),
unless it is bad for them. Children have the right to Article 21
live with a family who cares for them. Children have the right to care and protection if
they are adopted or in foster care.
Article 10
If a child lives in a different country than his/her Article 22
parents do, they have the right to be together in the Children have the right to special protection and
same place. help if they are refugees, as well as all the rights in
this CRC.
Article 11
Children have the right to be protected from Article 23
kidnapping. Children with disabilities have the right to special
education and care, as well as all the rights in the
CRC, to enable them live a full life.
Article 24 Article 36
Children have the right to the best health care Children have the right to protection from any kind
possible, safe water to drink, nutritious food, a of exploitation (being taken advantage of).
clean and safe environment, and information
to help them stay healthy. Article 37
No one is allowed to punish children in a cruel or
Article 25 harmful way.
Children in institutional care or in other situations
away from home, have the right to have the rights Article 38
above. Children have the right to protection and freedom
from war. Children under 15 cannot be forced to
Article 26 go into the army or take part in war.
Children have the right to help from the
government if poor or in need. Article 39
Children have the right to help if they have been
Article 27 hurt, neglected or badly treated.
Children have the right to food, clothing, a safe
place to live and to have all basic needs met. Article 40
Children have the right to legal help and fair
Article 28 treatment in the justice system that respects their
Children have the right to a good quality education. rights.
They should be encouraged to go to school and be
educated to the highest level possible. Article 41
If the laws of the child’s country provide better
Article 29 protection of rights than the articles in the CRC
Education should be relevant and should facilitate those laws should apply.
development of talent and abilities of children. It
should also help children to live peacefully, protect Article 42
the environment and respect other people. Every child has the right to know their rights! Adults
should know about these rights and help children
Article 30 learn about them, too.
Children have the right to chose and practice
their own culture, religion and speak their own Articles 43 to 54
language. Any minority and indigenous groups These articles explain how governments and
need special protection of this right. international organizations like UNICEF will work to
ensure children are protected with their rights.
Article 31
Children have the right to play and rest.

Article 32
Children have the right to protection from work
that harms them, and is bad for their health and
education. If they work, they have the right to be Note to the facilitator:
safe and paid fairly. The CRC made easy has been adapted from
Save the Children. The following websites will
Article 33
Children have the right to protection from harmful provide more information on the CRC:
drugs and from the drug trade. www.crin.org
www.unicef.org
Article 34
Children have the right to be free from sexual
abuse.

Article 35
No one is allowed to kidnap or sell children.

15
The Constitution Of India And Children

The Government of India has articulated The fundamental rights in the Constitution
its commitment to children through various that directly relate to children are:
provisions in the Indian Constitution. The
Constitution of India is the basic law of the • Article 15(3) requires the State to make
country that includes the fundamental rights and special provisions for children
directive principles for every citizen.
• Article 21A provides for free and compulsory
education to all children of the age 6-14 years
The fundamental rights in the Constitution in such manner as the State may by law
of India impose on the State a primary determine. This Article 21A of the Constitution
responsibility of ensuring that all the needs of of India envisages that children of age group
children are met and that their basic human 6 to 14 have a fundamental right to education.
rights are fully protected. Fundamental Rights if
• Article 23 prohibits trafficking of human
violated can be brought before the Courts. beings including children
The Directive Principles lay down the guidelines • Article 24 mandates that no child below 14
the Governments have to follow. If they are can work in any hazardous occupation or
industry
violated they cannot be taken before the Courts
but because of judicial interpretation, many
of the directive principles have now become
enforceable through legal actions brought before
Courts.
The Directive Principles directly relating Did you know?
to children are:
• Article 39(e)&(f) direct that the state policies • That the Government of India adopted a
are directed towards securing the tender age National Policy for Children in 1974? This was
of children. a follow-up of this commitment and being
a party to the UN declaration on the Rights
• Article 45 states that the state shall endeavor
of the Child 1959. The policy reaffirmed the
to provide early childhood care and education
constitutional provisions and stated that
for all children until they complete the age of
the State would provide adequate services
six years
to children, both before and after birth and
• Article 51A mentions that it shall be the through the period of growth to ensure their
fundamental duty of the parent and guardian full physical, mental and social development.
to provide opportunities for education to his
• That the Government of India framed a
child or as the case may be, ward between
National Charter for Children on 9th February
the age of six and fourteen.
2004? This was to reiterate its commitment
• 86th Constitutional Amendment-Right to to the realization of children rights in India.
Education, is a fundamental right. It was after It further stipulates the duties the State and
along struggle that the 86th constitutional community towards children and that of
amendment to make the right to education children and young people to society and the
as a fundamental right in 2001 was made. nation.
The State laws have not yet been drafted.
• That the Government of India introduced
The Government of India has prepared a
a National Plan of Action for Children in
draft Bill on the Right to Education. The
2005? The National Plan of Action spells
right to Education Bill, 2005, seeks to give
out challenges in realizing child rights for
effect to the 86th Constitutional Amendment.
the children of India and outlines areas for
The preamble of the draft Bill states that it
specialized intervention. Its implementation
is to put into effect the Right to Free and
will be through national measures and State
Compulsory Education to all children in the
Plans of Action for Children.
age group of 6-14 years.
• That the Government of India has constituted
the National Commission for Protection of
Child Rights? The Commission is a statutory
body notified under an Act of the Parliament
on December 29, 2006. It has a chair
person, and six members from the fields
of child health, education, child care and
development, juvenile justice, children with
disabilities, elimination of child labour, child
psychology or sociology and laws relating to
children. The Commission has the power to
inquire into complaints and take suo motu
notice of matters relating to deprivation of
child’s rights and non-implementation of laws
providing for protection and development of
children, among other things.

17
2CHILD PROTECTION
Understanding

19
Understanding Child Protection

Introduction Objective
This chapter aims to present a basic • To share an understanding of child protection
understanding of child protection to the user. It • To establish that child protection is a cross
brings the user face to face with child protection cutting issue
violations we come across in our everyday lives,
• For professionals/users of the handbook to
in our homes, communities and workspaces.
examine child protection in their own
It introduces the concept of a protective
organizations
environment for children and discuses the
elements that constitute it. This section then • To initiate discussion on factors and
invites participants to analyze child protection in stakeholders responsible for child protection
their organizations. violations

Many children and young people living in our Child Protection

communities live in circumstances that are
“difficult”. Many children live without proper Every child has a right to protection. This
housing, without clean drinking water or not only includes children who are in difficult
adequate sanitation; numerous children suffer circumstances and those who have suffered
from chronic illnesses; many do not attend violence, abuse and exploitation, but also those
school and a sizable proportion work at an early who are not in any of these adverse situations
age. There is also a significant minority that and yet need to be protected in order to ensure
unfortunately experiences circumstances that that they remain within the social security and
are more extreme or difficult. These children protective net.
and young persons suffer from inadequate
care ranging from gross neglect to violent Child Protection refers to protection from
forms of mental, physical or sexual abuse; are violence, exploitation, abuse and neglect.
commercially exploited by being trafficked or Violations of the child’s right to protection,
sold for labour; are taken in as child soldiers in in addition to being human rights violations,
armed conflicts ; are orphaned or displaced as are massively, under-recognized and under-
refugees. reported and are barriers to child survival and
development. Children subjected to violence,
Stories of abuse and exploitation of children exploitation, abuse and neglect are at risk of:
are all around us. We read about them in the shortened lives, poor physical and mental health,
papers, watch them on the news, see hundreds educational problems (including dropping out
of children being exploited as we go about our of school), poor parenting skills later in life,
every day lives. However, it is about time that homelessness, vagrancy and displacement.
we realize that the safety, care and protection
of children is the responsibility of us all. Each Conversely, successful protection increases
one of us has a part to play. As an organization, a child’s chances to grow up physically and
as an individual, as an adult, as a community mentally healthy, confident and self-respecting,
and as a State, it is our responsibility to provide and less likely to abuse or exploit others,
adequate care and protection to our children including his or her own children.
and young people.
Child protection is about protecting children
from or against any perceived or real danger/risk
to their life, their personhood and childhood.
It is about reducing their vulnerability to any
kind of harm and in harmful situations. It is
also about protecting children against social,
psychological and emotional insecurity and
distress. It must ensure that no child falls out of right to protection adversely affects all other
the social security and safety net and those who rights of the child and the development of the full
do, receive necessary care and protection to be potential of the child. Child protection is about
brought back into the safety net. protecting every right of every child. It must also
relate to children’s capacity for self-reliance, self-
Child protection is integrally linked to every other defence, and to the roles and responsibilities of
right of the child. The failure to ensure children’s family, community, society and State.

World Health Organization Definitions of Child Abuse

Child Maltreatment:
Maltreatment sometimes referred to as child abuse and neglect, includes all forms of physical and
emotional ill-treatment, sexual abuse, neglect, and exploitation that results in actual or potential
harm to the child’s health, development or dignity. Within this broad definition, five subtypes can
be distinguished – physical abuse; sexual abuse; neglect and negligent treatment; emotional
abuse; and exploitation.

Physical Abuse:
Physical abuse is the inflicting of physical injury upon a child. This may include burning, hitting,
punching, shaking, kicking, beating or otherwise harming a child. The parent or caretaker may
not have intended to hurt the child. It may, however, be the result of over-discipline or physical
punishment that is inappropriate to the child’s age.

Sexual Abuse:
Sexual abuse is inappropriate sexual behaviour with a child. It includes fondling a child’s genitals,
making the child fondle the adult’s genitals, intercourse, incest, rape, sodomy, exhibitionism and
sexual exploitation. To be considered ‘child abuse’, these acts have to be committed by a person
responsible for the care of a child (for example a baby-sitter, a parent, or a daycare provider), or
related to the child. If a stranger commits these acts, it would be considered sexual assault and
handled solely by the police and criminal courts.

Emotional Abuse:
Emotional abuse is also known as verbal abuse, mental abuse, and psychological maltreatment.
It includes acts or the failures to act by parents or caretakers that have caused or could cause,
serious behavioral, cognitive, emotional, or mental trauma. This can include parents/caretakers
using extreme and/or bizarre forms of punishment, such as confinement in a closet or dark
room or being tied to a chair for long periods of time or threatening or terrorizing a child. Less
severe acts, but no less damaging, are belittling or rejecting treatment, using derogatory terms to
describe the child, habitual tendency to blame the child or make him/her a scapegoat.

Neglect:
It is the failure to provide for the child’s basic needs. Neglect can be physical, educational, or
emotional. Physical neglect can include not providing adequate food or clothing, appropriate
medical care, supervision, or proper weather protection (heat or cold). It may include
abandonment. Educational neglect includes failure to provide appropriate schooling or special
educational needs, allowing excessive truancies. Psychological neglect includes the lack of any
emotional support and love, never attending to the child, substance abuse including allowing the
child to participate in drug and alcohol use.

21
Who are Children Who Need Protection

The need to protect some children is certainly greater than others due to their specific socio-
economic and political circumstances and geographical location. These are the children who are
more vulnerable in terms of the harm/danger/risk to their right to survival/development/participation.

They are children in difficult circumstances and include:

• Homeless children (pavement dwellers, displaced/evicted, etc.)
• Refugee and migrant children
• Orphaned or abandoned and destitute children
• Children whose parents cannot, or are not able to take care of them
• Street and working children
• Child beggars
• Victims of child marriage
• Trafficked children
• Child prostitutes
• Children of prostitutes
• Children of prisoners
• Children affected by conflict /civil strife
• Children affected by disasters both natural and manmade
• Children affected by substance abuse, HIV/AIDS and
other terminal diseases
• Disabled children
• Children belonging to ethnic, religious minorities and
other socially marginalized groups
• The girl child
• The unborn child
• Children in conflict with law (those who commit crimes)
• Children who are victims of crime

Protective Environment
A protective environment is one in which a child
is assured of living in safety and dignity.  It is one
that helps ensure that children are in school,
laws are in place to punish those who exploit
children, governments are truly committed to
protection, communities are aware of the risks
which children face, civil society addresses
certain “taboo” issues and monitoring is in place
to identify children who are at risk of exploitation.
Children will never be free from exploitation
until all levels of society—from the family to the
international community work together. When
any of the layers of the protective environment is
stripped away, a child becomes more vulnerable
to exploitation, abuse and violence. Let us
discuss and unpack the elements of a protective
environment.
The element of a protectective environment have been
developed by UNICEF.
Unpacking Elements of a Protective Environment

Attitudes, traditions, Governmental commitment to Open discussion and

customs, behaviour fulfilling protection rights: engagement with child
and practices: protection issues:
The Government’s commitment and
The environment will priority to child protection is critical to the To begin with children need an
not be protective for creation of a protective environment for environment which is conducive
children in societies where its children. The Government needs to for them to speak up about
attitudes or traditions demonstrate this commitment through child rights violations and abuse
facilitate abuse. Some the acceptance and recognition of concerning them or other children.
such examples that we problems, formulation of appropriate Civil society engagement with
come across in our day to policy, strong legal frameworks and child protection issues strengthen
day interactions are child programming, and allocation of adequate a protective environment.
marriage, dedication (for resources to programs. It needs to Discussion on children’s rights
religious purposes), female ensure that mechanisms for child and child protection need to be
genital mutilation, children protection are child friendly, functional prioritized by civil society. The
co-opted into traditional and in a position to reach children in silence around the issue of abuse
family trade like circuses, need of protection. and violence against children
dance troops, migrant Some such initiatives taken by the needs to be broken.
agriculture labourers, and Indian Government towards creating It is interesting to note that in
carpet weavers. Myths a protective environment for children CHILDLINE, less than 6% of calls
such as sexual intercourse are the Juvenile Justice (Care and received are related to sexual
with minors cures sexually Protection) Act, 2000, the CHILDLINE abuse. We need to ask-Is there no
transmitted diseases; 1098 service in partnership with abuse or is the environment not
beating children is the CHILDLINE India Foundation, the conducive enough for children to
best way to discipline Integrated Program for Street Children, report abuse?
them; sending a child to Signing and ratification of the United In a case of pedophilia in Mumbai,
work to earn for its family Nations Convention on the Rights of the a British National sexually abused
is better than having them Child (UNCRC), and ratification of the street boys in a shelter home he
all starve are some of the Optional Protocols, the National Plan initiated and managed. It took
many belief that violate of Action 2005, the National Policy for CHILDLINE 1098 five years to
child rights. Children, 1974, Study on Child Abuse get a conviction. In this case the
2007. sustained engagement with the
Points to ponder: media in highlighting the issue
A society that turns a blind Points to Ponder: played a key role in influencing
eye or is passive about We need to ask ourselves: Is the public opinion, resulting in the
any form of violation of Government doing enough? Are conviction.
child rights only facilitates adequate resources being allocated
abuse. A child is more to child protection? Are policy and Points to Ponder:
likely to be protected in legislation really facilitating a protective Why the silence? Why do we
a society where all forms environment? Are services reaching as society and individuals avoid
of abuse and violence children? Is the legal framework for talking about child protection
against children are taboo protecting children strong enough? issues? Do we see a link
and where the rights As members of civil society is it just between child protection/child
of children are broadly enough for us to ask these questions? rights violations and patriarchal
respected by customs and As members of civil society, it is not systems on which most of our
traditions. enough for us to just raise questions it family structures are based? As
is important to find constructive ways to individuals, as civil society do we
strengthen government intervention while need to take a more proactive
at the same time holding the government role?
accountable.

23
Protective Legislation And Enforcement At CHILDLINE in our feedback sessions with
An adequate legislative framework designed to CHILDLINE the most common complaint
protect children from abuse, its implementation received from the children is the shoddy
and enforcement are essential elements of a treatment received by them from the Allied
protective environment. Systems (doctors, nurses, police, shelter staff,
parents, relatives). We realize that often this
All child protection issues in India are addressed insensitivity on the part of the care givers is due
under the Juvenile Justice (care and protection) to the fact that they do not know any better.
Act, 2000. They have never been oriented to understand
child rights and child protection issues. In places
where CHILDLINE implements its National
This Act however, remains to be implemented
Initiative for Child Protection (NICP), a national
in the fullest sense in many parts of the nation.
orientation and sensitization initiative of members
There is no comprehensive legislation that
of the Allied Systems, a noticeable difference
addresses child abuse in India. The Indian
in attitudes of members of allied systems is
Government conducted a large nation wide
reported by children who are users of the
study on the child abuse in India. The findings of
CHILDLINE service.
the study are indicative of the need for stronger
and comprehensive legislation to address
child abuse. In a recent rescue of children Children’s life skills, knowledge and
employed as bonded labourers in a large circus participation
in Maharashtra, the CHILDLINE team is in a Children are less vulnerable to abuse when they
struggle with the state governments concerned are aware of their right not to be exploited, or
in obtaining the compensation that the children of services available to protect them. With the
are entitled to under the Bonded Labour Act. right information, children can draw upon their
This is due to the fact that the procedure for knowledge, skills and resilience to reduce their
implementation of the Act is unclear in state risk of exploitation.
governments.
Monitoring and reporting
Points to ponder: An effective monitoring system records the
How many of us are aware of legislation incidence and nature of child protection abuses
pertinent to child protection? Do we know what and allows for informed and strategic responses.
to do when we see a child in distress? Such systems are more effective where they are
participatory and locally-based.
The capacity to protect among those
around children Services for recovery and reintegration
Health workers, teachers, police, social workers Child victims of any form of neglect, exploitation
and many others who interact with children or abuse are entitled to care and non-
need to be equipped with the motivation, skills, discriminatory access to basic social services.
and authority to identify and respond to child These services must be provided in an
protection issues. The capacity of families and environment that fosters the health, self-respect
communities to protect their children is essential and dignity of the child.
in a protective environment.
Exercise (1 hour):
These case-situations can be discussed in groups. Keeping in mind the basic principles of child
rights, each group should be encouraged to come up with realistic solutions. Refer to Tips for
facilitator in the section on identifying abuse on page 33 if this exercise is being conducted in a
group.

Reflection is invited on:

• The stakeholders in each of the situations below
• Gaps in the system
• Mechanisms required to come into play
• Preventive action needs to be taken

Case Studies for analysis:

CASE 1: You are sitting in a staff meeting. Your team leader orders “Chai” from the nearest tapri/
chai wallah stall. A small boy, named Deepu, who looks 10-12 years old, comes to deliver chai.
You are disturbed. Deepu is a small child. He should not be working. He might also be denied
opportunities to go to school. Your organization has been ordering tea every day from this stall. If you
take action against the tea shop, would the child be forced to go somewhere else and work?

CASE 2: Everyday you hear screams from your neighbour’s house. They have a 15-year-old working
as a domestic maid. At times, you see her outside with bruises on her body. She looks depressed
and scared. As a neighbour you share good relations with this household. But the thought that they
are abusive employers disturbs you. What next?

CASE 3: You are a shelter-incharge. You notice that some older boys bully younger children in the
shelter home. Over some days you have started to note that Sahil looks more and more withdrawn.
He has stopped playing with other boys and doesn’t feel like talking to anyone. You suspect abuse of
some form. What action should be taken?

CASE 4: You are a child protection officer in your organization. The morning newspaper reports that
a hearing impaired child was often being beaten in his classroom. The child belongs to a community
in close proximity to one you work in. The parents had reported this incident to the school but the
school defends its teachers and has demoted the child to a lower grade. Do you have a role to play?

CASE 5: You stop your car at the traffic signal. A woman with a malnourished looking infant in her
arms comes around begging, asking for food for the child. You give her money, hoping that this
would help her buy food for herself and the child. You see them again next week at the same traffic
signal in the same plight. Where do the answers lie?

CASE 6: You have just joined your organization as an intern. You hear that the organization has
recently been successful in rehabilitating a runaway child. The media is interested and you are
assigned the task of giving out information to the reporters. What would you keep in mind?

CASE 7: 12 year old Raju has just landed at Mumbai Railway Station. He had a fight with his family
and fled. He does not wish to return. What next?

Note to the facilitator:

Before commencing the exercise below, it may be worthwhile to refer to Urie Bronfenbrenner’s
Ecological Systems Theory discussed in detail on page 31, and introduce to participants to the
systems and stakeholders that affect the child.

25
As professionals working in development it may be helpful to answer
the following questions to determine a position on child protection.

What is the vision of your organization towards working with children?

(Please attempt to answer this questions even if your programs do not bring you in direct contact with children)
.....................................................................................................................................................................................

What are the various circumstances in which you work with children/engage with
children/encounter children
.....................................................................................................................................................................................

How would you define child protection

.....................................................................................................................................................................................

What support does the Indian Law give towards the different measures of child
protection?
.........................................................................................................................................................................................
What principles of the CRC should be kept in mind while dealing with children who
need care and protection?
...............................................................................................................................................................
Did you Know ? Major findings of a national study on
child abuse conducted by the Ministry of
• That an exercise on budgeting conducted
by the Ministry of Women and Child
Women and Child Development covering
Development, Government of India revealed 13 states and over 12000 children
that the share of the Union budget for
children in 2006-07 was 4.91%, of this the • Two out of every three children were
share of child protection was 0.034%? physically abused.
• T
hat CHILDLINE 1098 since its inception in • Out of those children physically abused in
1996, has received 67,000 calls for assistance family situations, 88.6% were physically
in locating missing children? abused by parents.
• T
hat in the recent serial murders uncovered • 65% of school going children reported facing
in NOIDA’s Nithari village, at least 20 of the 38 corporal punishment i.e. two out of three
persons sexually assaulted, cannibalized and children were victims of corporal punishment.
murdered were children? • 53.22% children reported having faced one
• T
hat India has the world’s largest number of or more forms of sexual abuse.
sexually abused children, with a child below • 21.90% child respondents reported facing
16 years raped every 155th minute, a child severe forms of sexual abuse and 50.76%
below 10 every 13th hour, and one in every other forms of sexual abuse.
10 children sexually abused at any point of
time? • Children on street, children at work and
children in institutional care reported the
• T
hat estimates indicate that between 40 and highest incidence of sexual assault.
50 percent of marriages in India involve a girl
under 18 or a boy under 21, which are the • 50% abuses are persons known to the child
legal ages for marriage? or in a position of trust and responsibility.
• T
hat most subtle forms of violence gainst • Most children did not report the abuse to
children such as child marriage, economic anyone.
exploitation, practices like the ‘Devadasi’ • Every second child reported facing emotional
tradition of dedicating young girls to gods abuse.
and goddesses, genital mutilation in parts of
the country etc., are justified on grounds of • Equal percentage of both girls and boys
culture, tradition and religion? reported facing emotional abuse.
• T
hat the decade, 1991 to 2001 has seen a • In 83% of the cases of emotional abuse
sharp decline in the child sex ratio from 945 parents were the abusers.
to 927 females, per 1000 males? • 48.4% of girls wished they were boys.
• T
hat interpolation of census figures by the
National Labour Institute indicates that out of
203 million children between the ages of 5
and 14, 116 million are in school, 12.6 million
are in full-time employment, and the status of
74 million is unknown? And that most, if not
all, of the 87 million children, not in school,
do housework, work on family farms, work
alongside their parents as paid agricultural
labourers, work as domestic servants, or are
otherwise employed.
• I ndia and Pakistan are the main destinations
for children under 16 who are trafficked in
South Asia? Some more shocking statistics:
25 per cent of approximately 2.3 million sex
workers in India are minors.

27
3
Identification of

CHILD PROTECTION
VIOLATIONS

29
Identification of Child Protection Violations

Introduction Urie Bronfenbrenner’s Ecological

This chapter aims to provide the professional Systems Theory:
with a framework and tools to generate The ecological systems theory explains how
consciousness and awareness about child everything in a child and the child’s environment
protection. In this chapter we introduce Urie affects how a child grows and develops.
Bronfrenbrenners Ecologial systems theory According to the ecological systems theory
that places the child at the centre of complex different levels of the environment influence a
systems and relationships that effect him/her. It children’s development. These are labeled as the
encourages professional to identify and locate microsystem, the mesosystem, the exosystem,
child protection violations within a system that and the macrosystem.
affect a child and to think of systemic change as The microsystem is the small, immediate
the answer to ensuring a protective environment environment the child lives in. Children’s
for children. A detailed in-depth case study with microsystems will include any immediate
questions for discussion has been presented relationships or organizations they interacts with,
for analysis to enable the professional to identify such as their immediate family or caregivers
and locate child protection violations. Guidelines and their school or daycare. How these groups
and training tips for a facilitator have also been or organizations interact with the child will have
provided. The suggested methodology of this an effect on how the child grows; the more
chapter is a workshop setting preferably in a encouraging and nurturing these relationships
group. This would facilitate experiential learning and places are, the better the child will be able
and sharing of experiences. to grow. Furthermore, how a child acts or reacts
to these people in the microsystem will affect
Objective how they treat her in return.
Bronfenbrenner’s next level, the mesosystem,
• To locate the child and child protection describes how the different parts of a child’s
violations within systems that affect him or microsystem work together for the sake of the
her child. For example, if a child’s caregivers take
an active role in regularly visiting the school, or
• To understand the need for systemic change
in creating a protective environment for taking the child routinely for immunization, this
children will help ensure the child’s overall growth. In
contrast, if a parent cannot pay attention to the
• To create an awareness in the professional child’s education because she has to work 15
that child protection violations are rampant
hours a day, or a parent does not understand
• For the professional to be alert to and to the need for a child to be immunized because
be capacitated to identify child protection she or he is not aware, this will hinder the child’s
violations growth and development.

The exosystem level includes the other people

and places that the child herself may not interact
with often herself but that still have a large affect
on her, such as parents’ workplaces, extended
family members, the neighborhood, etc. For
example, if a child’s parent looses her/his job,
it may have negative affects on the child if her
parents are unable to pay bills or buy food;
however, if her parent receives a promotion and
a raise at work, this may have a positive affect
on the child because her parents will be better
 MACRO SYSTEM

E XOSYSTEM
Extended Family

MESOSYSTEM
Extended Family

Friends Neighbours
of
Family School Neighbourhood
Playing Area

MICROSYSTEM
Family

Child Daycare
Center Legal
Services
Te m p l e s ,
Mosques, Peers
Churches
Mass
Media School
Doctors’ Board
Chamber

Wor kplace
Community
Health & Welfare
Services

able to give her her physical needs.

Bronfenbrenner’s final level is the macrosystem,
which is the largest and most remote set of Understand that when
people and things to a child but which still has a
great influence over the child. The macrosystem
systems fail children are the
includes things such as the relative freedoms most vulnerable and are the
permitted by the national government, cultural most adversely affected.
values, the economy, wars, etc. These things
can also affect a child either positively or
negatively.

31
Exercise 1 (30 min)
Engage in a discussion in a group on how systemic failure create child protection risk which result in
violations.

Exercise 2: Case Study-Mohits Dilemma

Objective of the group work exercise:
It is hoped that at the end of the case analysis session participants would be able to:
• Explain and analyze risks for children from a systems perspective
• Get motivated to take a proactive stand on child protection violations
• Describe the methods or ‘how to’ of locating abuse
• Clarify ways in which they can take action to protect vulnerable children

Time required: 2 - 3 hours (approximately)

The content of this session will depend on the training schedule but may include the following:
Welcoming address (5 minutes).
Opening speech (15 minutes).
Introduction of trainers and participants (30 minutes).
Expression by participants of what they expect from the workshop (20 minutes).
Explanation of workshop objectives and harmonization with the expectations (15 minutes).

Materials:
Mohit’s dilemma case study (one copy for each participant); Flip chart and markers, copies of the
Locating Abuse framework for all participants
Tips for a facilitator in a workshop setting:
Beginning the workshop- Introductions
This would be an exercise which helps participants get to know each others and the facilitator.
Depending on the existing level of familiarity the facilitator may use the following pointers:
Names.
About themselves/interests
Experience in working on child rights/protection issues.

The facilitator may include other points deemed necessary in each context. Depending on availability
of time and number of participants, the facilitator may use self introductions or have an interactive
game to break the ice among participants.

Expectations:
The exercise here is to hear and understand what the participants expect from the workshop
and to use the information to modify the objectives, content and structure to accommodate the
expectations.

Objectives:
This would also be the time to share the workshop/training objectives with the group and clarify
what is within the scope of the workshop and what may not be possible to accomplish in terms of
expectations of the participants.

Exercise:
It is suggested that the facilitator start with an ice breaking exercise to build rapport with and
amongst the participants.

The chief content block for this workshop is a case study called ‘Mohit’s dilemma’ which would
function as a starting point for generating a discussion on issues of child protection.

The case study should be shared with the participants and they could be asked to work individually
or in small groups of 2-3 people depending on the size of the group.

Once the group had carefully read the case study, the facilitator should put the questions (given
below) up on the white board or flip chart where everyone can see them and ask the group to
discuss amongst themselves the answers to each of the questions and capture the key points from
all the members in the smaller groups. The group would require between 30-45 minutes to have a
discussion on each of the questions asked.

The different groups should then be asked to share their responses one by one and the facilitator
should capture the responses on the flip chart for each question. This would then be followed by a
discussion led by the facilitator on each of the questions. This would be the time when the facilitator
should clarify and share information on issues of child protection building on the information/ideas
presented by the participants. (refer to Tips for the Trainer)

33
Mohit’s Dilemma- A case study
A day in the life of Mohit Anand, Senior Programme Manager- Service International

Mohit has been working with Service-International for two years now and lives in a rented flat with
a colleague in Delhi. Every morning, at 6 a.m., he goes for a jog in the neighborhood park before
dropping in at the Mother Dairy near-by for milk. One of the common sights every day as he goes
about his morning routine is a group of children carrying large plastic sacks, digging into garbage
bins, looking for scraps that they can sell. It is a disturbing sight and Mohit believes that these
children should have been somewhere else. But then he is not really sure what the
solution could be.

Today, as he readies himself for work at home, he notices the domestic chores are being done by a
twelve-year-old girl who is substituting for her mother. Sonia, who is unwell has sent her daughter
instead. This makes Mohit uncomfortable. He tries to send the girl home but his flat mate, Arun, says
the house needs cleaning. Sonia has been absent for almost 4 days. Instead of the family losing out
on 4 days worth of salary, it is better to let the girl fill in for her mother so that they get the money
they need.

As Mohit is leaving for work, he reminds himself that today is his four-year-old nephew’s birthday
and he needs to buy him a present before he goes out with the family in the evening. He walks in to
the office still thinking about what gift he could get for his nephew, he notices the admin-in-charge,
Shikha, having an argument with one of the support staff people.

When Mohit tries to find out if it is anything serious, Shikha, tells him that the person was requesting
a small loan to marry his 15 year old daughter off because the family had discovered that she had a
boy-friend and that she might be pregnant. Shikha was in a bind-she knew that it is against the law
to marry a minor but the family was also very disturbed and worried about the community’s response
to the episode and its consequences for the future of the girl. They know that all the arrangements
have already been made for the girl to be married.
On the street

These children should

have been somewhere
else... I wish I had a
solution.

Arun, isn’t she Her mother is ill,

At home too young to be Let her work, at least they
working... let her go will get todays wages
home.

Shall I help Shikha or

buy the B’day present
for my nephew?
In the office
Even if you get the
I know she is 15 and money, how will you pay
marriage is against the back the loan?
law but she is pregnant,
what will I tell the
society?

35
Questions for the audience Tips for the facilitator

1. Could you think of other situations where you Document the participants responses on the
see children in difficult circumstances on a day board. Encourage the group to think of specific,
to day basis? everyday situations like “ my neighbor employing
e.g. children begging; street children; children a child”; “ I see a child begging outside my office
working as vendors/labourers complex everyday”

2. What do you think are the potential child Build on these responses and share some more
protection risks that children involved in rag- possible risks that have been missed out by the
picking would have to deal with? group. Take an example each of a vulnerable
e.g. health hazards; trafficking; getting mugged child in an urban and rural setting and identify
potential risks within those situations.
Resources : Model “Locating Risk’, from
‘Childline at my fingertips, pg 31
Urie Bronfenbrenner’s ecological systems
theory that looks at the development of children
within the system of relationships that for their
environment.

3.What is your opinion on Sonia’s daughter Document the different opinions on the board.
substituting for her mother as a domestic help? Encourage the group to think about and
e.g Its okay because Sonia’s daughter does not articulate different opinions. Its important to
have a choice; Ideally she should be going to recognize how some of us rationalize such
school but then how would the family sustain violations of rights, some of us take a stand and
themselves if she does not help out? are for or against it while some are still unsure.
The facilitator must capture these diverse
opinions.

4. What would any other privileged child who is What would participants want from their own
Sonia’s age be doing at this stage in their life? chhildren. List these out. Ask why it is so easy
e.g. Going to school, having enough time for play to rationalize for another child. Does it reflect
and recreation and so on and so forth our own prejudice and the fact that we do not
believe in every right for every child.

5. What kind of disparities and inequalities do Encourage a discussion on disparities that we

you see in this story? see in our everyday, real lives, how this disparity
e.g. One child being asked to stay at home and establishes different rights for different people.
share responsibility while another one goes to The CRC explains how all children have equal
school and enjoys freedom; Sonia cannot afford rights regardless of circumstances, so how is it
to send her daughter to school while Mohit is that these disparities are acceptable and are so
thinking of an exciting gift for his nephew. rampant?
Questions for the audience Tips for the facilitator

6. In your opinion, how should Shikha’s problem This particular situation allows people to
be dealt with? think from a wide range of perspectives and
e.g. The wedding should be stopped; Regiser its important to facilitate the group towards
a complaint with the police; Termination of articulating these different perspectives non-
pregnancy threateningly, without bringing in our own
judgment as a facilitator. Make sure you highlight
the moral, religious, social and legal dilemmas
that we see in this particular situation. Lead the
group into a discussion and reflection of what
action they, as individuals would have taken in a
similar situation.

A note of caution:
The facilitator should be very careful when
facilitating this discussion. He/she should
feel confident of their own abilities to lead the
group to a closure without feeling threatened
or judged and equipped with adequate
knowledge/information. It is advisable to have
ready references or resources that the group
can be directed to if they need more information
or clarity on probable outcomes from the
standpoint of child protection.

7. What do you think is responsible for the You could refer to the following list to ensure
different violations that you have read about in that all factors are articulated- displacement,
the case study? migration, development, illiteracy, over-
e.g. unemployment; poverty poplulation, disasters – natural and man-made,
conflict and war.
For both Q.7 # Q.8.
Once all the responses for questions7 and 8
have been recorded, its important to establish
the linkages for the group between both the
‘what’ and the ‘who’. Highlight how the child (in
this case the rag picking child) is victim of the
‘who’ and the ‘what’ not working together to
ensure the protection of the child.

8. Who would you identify as the stakeholders

when we talk about issues of child protection?
e.g. Government, civil society/community,
NGOs, police and law-making bodies

37
For those working with children or for any one who has
contact with children here are some helpful pointers in
identification of abuse
INDICATORS OF PHYSICAL, EMOTIONAL, SEXUAL ABUSE AND NEGLECT

Physical Indicators:
• Unusual marks, bruises, lacerations or burns
• High incidence of accidents or frequent injuries, swellings to face and extremities
• Consistent hunger
• Failure to thrive or malnutrition
• Poor hygiene resulting in health problems
• Inappropriate clothing
• Consistent lack of supervision especially in dangerous activities or for long periods
• Unattended physical problems or medical needs
• Abandonment
• Health or dietary practices which endanger the child’s health or development
Behavioral Indicators:
• Parent/caregiver gives inappropriate explanation of child’s injury
• Gives inconsistent versions about occurrence of injuries, burns, etc.
• Inappropriate clothing e.g. long sleeved coverage on hot days
• Apprehension when other children cry or shout
• Behavioural extremes e.g aggressiveness or withdrawal
• Fear of parents/carers
• Afraid to go home
• Compliant, passive, withdrawn, tearful and/or apathetic behaviour
• Extreme wariness especially in case of adult contacts
• Attaches too readily to strangers
• Discloses sexual abuse
• Sophisticated or unusual sexual behaviour or knowledge
• Constant complaints of headache and or abdominal pains
• Difficulties at school or change in level of performance at school
• Persistent habit disorders eg. Sucking, biting, rocking
• Sleep disorders
• Serious difficulties relating to peers and/or adults
• Self-destructive behaviour
• Very low self esteem
• Child states they have no carer
• Isolation from peer group
• Child has a history of running away from home

Parental/familial Indicators in abusive families:

• Many personal and marital problems
• Economic stress
• Parent(s) were abused as children themselves, were raised in homes where excessive
punishment was the norm, and use harsh discipline on own children
• Highly moralistic
• History of alcohol or drug abuse
• Are easily upset, have a low tolerance for frustration
• Are antagonistic, suspicious and fearful of other people
• Social isolation, no supporting network of relatives or friends see child as bad or evil.
• Little or no interest in child’s wellbeing;
• Do not respond appropriately to child’s pain
• Explanation of injuries to child are evasive and inconsistent
• Blame child for injuries ; constantly criticize and have inappropriate expectations of child
• Take child to different physicians or hospital for each injury

39
4 CHILD
Acting on

PROTECTION
VIOLATIONS

41
Acting on Child Protection Violations

Introduction:
This chapter aims to share ways in which stakeholders across all levels can address violations
of child protection at the preventive and treatment stages. At the preventive level it introduces
an understanding of child protection risk and provides professionals a systematic framework for
understanding risk areas and taking measures to de-risk spaces. It presents general guidelines and
options from which users can develop specific action plans to be implemented at the individual,
organizational and community level. Through case studies it further encourages discussion on
intervention steps that could be taken to manage a situation where a child’s right to protection has
been violated.

Framework for acting on Child Protection violations

Proactive/Preventive Guidelines Controlling/Managing/Actions/Treatment

Commitment and buy-in from individuals, organizations A commitment and alertness from organizations to
and community to identify and act against any child identify and immediately act in situations of child
protection violation protection violations

Commitment from the organization to identify child Immediately reach the child and remove her/him from
protection risk areas and take measures to minimize the situation
risk for children in the work space and community
Initiate access to health care/ counseling and protection
Minimizing and managing child protection risk through services based on what seems to be a priority need for
identification of risk areas and proactive measures to the child
reduce risk
Initiate legal action simultaneously and ensure that the
Empowerment through awareness and understanding process is followed through to a closure and justice for
amongst all stakeholders of laws, policies, systems of the victim
redressal and what is meant by child protection and
what constitutes violation of the same Establish linkages in the community or in institutions for
long term rehabilitation of the child
Strong, effective systems of redressal in place- Child
Protection Officers in all organizations; Monitoring Listen to the child and ensure s/he has a role to play
committees in institutions; in all decisions. Keep the child informed all the time of
what the next step is going to be.
Knowledge of and access to the law, legal systems to
address and prevent abuse Take the issue forward in the organization and
community.
Knowledge of and access to services like CHILDLINE
and other service providers like residential care Through education and awareness identify other
institutions, counseling centres, health care facilities potential risk areas and take proactive measure to
prevent child protection violations.
Organizations and institutions to commitment to
ensuring legal action against perpetrators of abuse Address loop holes and gaps in the service delivery
mechanism.
Organizations commitment to training all professionals
like teachers, doctors, police who come in contact with Set in place community owned reporting and monitoring
children during the course of their work, to identify and mechanism.
act on violations of child protection
Systematically follow the preventive guideline to ensure
Organizations institute and adopt a child protection that Child Protection risk is minimised.
policy, internalize child protection such that it reflects in
all departments in their functioning and programs, and Institute knowledge management and transfer of
in the community. learning through documentation and developmet of
management information/tracking system.

Advocate for appropriate changes in law and programs

that would prevent such violations in the future.
Exercise 1(1 hr)
Ask the group to reflect on the proactive guidelines presented above. Then ask them to spend a few
minutes (approximately 15 minutes) individually, thinking about what systems and processes they as
individuals would have to initiate towards realizing these steps- a ‘how to get there’ plan. The action
plan that they outline must be connected to their lives in terms of the various roles they hold in both
their personal, social and professional life, including the organizations/institutions they represent.
Once everybody has written out their action plan, request some of the participants (It would be nice
if there is enough time for everybody) to present their plan to the larger group and get more ideas
from other group members. Close with some affirmation of what the individuals have resolved to
undertake and ask how you could support them with information or resources or direct them to
places and people where they could find the same.

43
Managing Child Protection Risk

Risk is the potential for something to go wrong. As development professional risk management is
critical in ensuring that our communities are safe for children. Risk management in child protection
is the identification of the potential for an accident or incident (in which a child right’s to protection
is violated) to occur and taking steps to reduce the possibility of its occurrence. An analysis of this
risk to children is critical in determining the need for child protection procedures and policies in
organizations and communities.

Outlined below is suggested methodology developed by Child Hope, UK, that could be used for
identification of child protection risk.

Step 1:Identifying risks to children within the organization/community.

Involve all stakeholders in this process especially children. This is because different people have
different perceptions of risk and it is important to have knowledge of these perceptions. For instance
a social worker might think that not having a first aid kit is the most important risk in the project, the
project manager however, may be more concerned about the lack of recommendation letters while
recruiting volunteers, while a child on the other hand may be much more concerned about having to
cross a busy street in order to get to the project site.

Step 2: Location child protection risks to children in the organization /community:

Risks to children that have been identified in the previous step needed to be located according to
where they might occur in the organisation. The following are only suggested areas of risk. Users of
the handbook/professionals are encouraged to brainstorm and find more.
• Staff and volunteers (e.g. lack of proper screening in recruitment and supervision, management
training on how to handle children)
• P
lace / physical environment (e.g. fire exits, recreational areas, cooking facilities, sleeping
arrangements)
• A
ctivities and programmes (e.g. education, health, community outreach, vocational training,
outings, exchange visits)
• I nformation (e.g. storage of children’s personal information, recording of allegations of abuse,
information on where to get help)
• O
rganisational culture (e.g. consultation, communication systems, hierarchy, attitudes to
organisational learning).

Step 3: Ranking the level of the risk

In order for the organization to prioritize, it is recommended that risk is ranked in terms of low,
medium or high risk using the following questions as a guide:
What / how bad would the consequences be? (this is the most important question in determining the
level of risk and would take precedence over the question that follows)
What is the likelihood of these consequences occurring?

Area Of Risk Low Risk Medium Risk High Risk

Place / physical environment

Activities and programmes
Activities and programmes
Information
Organisational culture
Step 4: Proactive planning to de-risk the organization/community

Depending on the level of risk the following actions would be undertaken:

• Do nothing (no action needed - low risk & benefits outweigh risks)
• Monitor more closely for a set period in order to make a more informed decision (low risk)
• Change activities / policies / plans / procedures to reduce risk (medium to high risk)
• Stop doing the activity or procedure (this may include transferring an activity to another
organisation that is better equipped to undertake it, or stopping altogether) (medium to high risk).

Risk No. i) Do nothing ii) Monitor closely and iii) Change activities / iv) Stop the activity /hand
(low risk) review again: policies/plans/ it over to another
specify time period & procedures to reduce organisation:
who is responsible for risk: specify action to be
monitoring and review specify action to be taken, time period & who
(low risk) taken, time period & is responsible
who is responsible
(medium to high risk)

Tips on methods
A workshop setting is recommended to make this session more meaningful for the professional
using this handbook. Case studies may be used. If this is being done internally by representatives of
a single organization, it may be of use to analyse the organization and communities it contacts for its
activities. If this exercise is being undertaken by individuals they could analyse their own communities
and spaces. Refer to workshop guidelines on page 33 to structure this session.

45
Responding to child protection violations

Exercise 2 ( 2 hrs)
Note to the facilitator
Present each of the cases given below to the group and ask the group to put themselves in each
of those situations and talk about how they would have responded to the situations, applying their
learnings from the discussion that the group has had recently on ‘Controlling/ managing violations
of Child Protection’. As you facilitate this step, continue to support the discussion with information
and examples on effective redressal and immediate action, from your own experience and real life
situations that you may be aware of. Also refer to CHILDLINE at my finger tips: a resource book for
CHILDLINE intervention for model case intervention.

Case Studies for analysis:

CASE 1: One of your largest individual donors was sent to the community to visit a family he was
sponsoring. You have recently found out that he has been visiting them and spending time with their
children unescorted. You are the fund raising manager of the organization.

CASE 2: The program manager of your organization has decided to employ a 15-year-old boy from
his village. He defends his decision to do this saying that he will send him to night school. You are the
Head of Administration in the organization.

CASE 3: You’ve been noticing that in the last couple of years, your 13-year-old niece has become
very withdrawn which coincides with the time that her grandfather moved in with her family. It is a
known fact that the grandfather was abusive towards his wife. She is very close to you.

CASE 4: You notice that you ‘presswalla’ in the corner of your street brings his son and daughter
and makes them work with him. You have tried talking to him but he insists that it makes more sense
for them to learn and inherit the trade from him rather than to go to school. He feels that good jobs
are not so easy to come by and that if they are educated they would refuse to continue his business.
It is also unsafe to leave them at home. You are the Secretary of the Residents’ Welfare Association.

CASE 5: Your daughter suddenly does not want to go to school. She missed three days last week
complaining of a stomach ache. You think her stomach is fine and that there is another reason for it.
As a parent what do you do?

CASE 6: You are rushing to catch your train to work in the morning. A young girl whom you have
seen before is being dragged by an older boy. She seems to be cursing him and does not want to go
along.

CASE 7: You teach in the community school in Govindpuri basti. On your way to work you notice
lots of children defecating in the lanes because the queues for the toilet are too long. Some time ago
you recall over- hearing some older children discussing how they are embarrassed to defecate in the
open.

CASE 8: You are the CEO of Sunshine Trust. A tidal wave has just swept away thousands of homes
in Manor, a town about 50Km from where you work. Everyone seems to be rushing with clothes and
food. As an organization that works actively for the rights of children, what strategy would you adopt?
47
5 AND THE LAW
Child protection

49
Child protection and the law

Introduction:
Being empowered with knowledge of the law that relates to child protection is critical to acting
on child protection violations. While it is strongly recommended that users of this handbook read
law relating to children in depth, the section below presents an over view of the most critical legal
provisions for children. It presents the key components of the of the Juvenile Justice (care and
protection) Act, 2000, the key legislation for juvenile justice in the nation. It also mentions very briefly
other laws and sections of the Indian Penal Code (IPC) relevant to child protection.

The Juvenile Justice (care and protection) Act, 2000

Did you know?
That the Juvenile Justice (Care And Protection Of Children ) Act, 2000 (JJA) and amended in 2006 deals
with the two categories of children - juveniles in conflict with law and children in need of care and
protection, by providing for proper care, protection and treatment by catering to their development needs,
and by adopting a child-friendly approach in the matters and in the best interest of children and for their
ultimate rehabilitation?

That in the JJA ‘juvenile’ or ‘child’ means a person who has not completed the eighteenth year of age?
This is the only Act that defines the age of the child at 18 years and overrides all other definitions of child
in the Indian law.

That a ‘Juvenile in conflict’ with law is an individual under 18 years of age who is alleged to have
committed an offence? Under the JJA, a Juvenile in conflict with the law is produced before the Juvenile
Justice Board (JJB) which can pass any order. A juvenile in conflict with law cannot ever be placed in
lock up or in jail, cannot be served with a sentence of life imprisonment, or death penalty, or even sent to
prison if they cannot pay a fine or security.

That a JJB must consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, and two
social workers. One of the social workers must be a woman. The Magistrate is designated as the Principal
Magistrate of the JJB.

That under the Juvenile Justice (care and protection) Act, 2000, children in need of care and protection
or the vulnerable group of deprived children can be categorized as: orphans, abandoned and destitute,
working and street children, victims of natural calamities, emergencies or man-made disasters, children
with disability, aids affected children, children engaged in substance abuse, children of sex workers,
children of families ‘at risk’ like refugees, migrant and construction workers, chronically and terminally ill,
prisoners or lifers, single parents and the girl child.

That a child in need of care and protection is produced before the Child Welfare Committee (CWC)?
Under the Act each district in the country needs to have a CWC. The Committee comprises a
Chairperson and four other members. Among the members, one of them has to be a woman, and one an
expert on matters concerning children. The Committee will have the powers of a Metropolitan Magistrate
or a Judicial Magistrate of First Class.

That a child in need of care and protection can be produced before the CWC by any police officer or a
designated police officer or special juvenile police unit, by any public servant, by CHILDLINE or any State
Government recognized voluntary organization, or by the child himself or herself.

That under the JJA, Special Homes and Observation Homes are set up for Juveniles in conflict with law,
while Shelter Homes and Children’s Homes are set up for children in need of care and protection? These
homes are run by State Governments or voluntary organizations authorized by them.

That under the JJA, in each state a Special Juvenile Police Unit (SJPU) designated for dealing with
juveniles in conflict with law or children in need of care and protection are to be formed.
Some highlights of the JJA are outlined as under:

Key provisions for Children in need of care and Orders that can be passed by the JJB in
protection under the JJA relations to Juveniles in conflict with law

• Any person who has the charge or control • Allow the juvenile to go home after advice
of a child who assaults, abandons, neglects and admonition and counseling
or exposes the child to physical and mental
• Direct the juvenile to participate in group
suffering or employs or uses them for
counseling and similar activities or
begging or provides intoxicating liquor or
narcotic drugs or psychotropic substance, or • Order the juvenile to perform community
uses the child in hazardous employment will service
be punished. All these acts have been made • Order the parent of the juvenile or the juvenile
cognizable and a complaint can be filed himself to pay a fine, if he is over fourteen
against the offenders. years of age and earns money
• It has been provided that no report in any • Direct the juvenile to be released on probation
newspaper, magazines, news-sheet or visual of good conduct and placed under the care
media of any inquiry regarding a juvenile in of any parent, guardian or other fit person.
conflict with law or a child in need of care Such parent or guardian or fit person must
and protection under this act shall disclose execute a bond for the good behaviour and
the name, address of the school or any well being of the juvenile for a maximum
other particulars calculated to lead to the period of three years
identification of the juvenile or child nor shall
any picture of any such juvenile or child be • Direct the juvenile to be released on probation
published: The authority holding the inquiry of good conduct under the care of any fit
may permit such disclosure, if in its opinion institution for a period not exceeding three
such disclosure is in the interest of the years
juvenile or the child • Make an order directing the juvenile to
• Juvenile Justice Act, 2000, provides for the be sent to a special home for a period of 3
rehabilitation and social reintegration of the years.
child in the children’s home or special home. • The JJB has powers to reduce this period
The Act provides for non-institutional services taking into consideration the nature of offence
like Adoption, Foster care, Sponsorship and the circumstances of the case. In case
and sending the child to an after-care the juvenile is over seventeen years but less
organization. than eighteen years for a period that is below
• Foster Care can be used for temporary two years. In any other case till he attains the
placement of infants to improve their quality age of eighteen years.
of life, who are later to be placed in
• Any juvenile above sixteen years who has
adoption. Under the sponsorship program,
committed a serious offence that he cannot
supplementary support is provided to
families, to children’s homes, to special be kept in a special home, the Board can
homes to meet medical, nutritional, send him to a place of safety after reporting it
educational and other needs of children to the State Government

• Under the Act, after-care organizations are to

be established by the State Government for
taking care of juvenile or the children after
they leave special homes, children’s homes

51
Key provisions for Children in need of care and Orders that can be passed by the JJB in
protection under the JJA relations to Juveniles in conflict with law

• Under the Act, after-care organizations are • Any juvenile above sixteen years who has
to be established by the State Government committed a serious offence that he cannot
for taking care of juvenile or the children be kept in a special home, the Board can
after they leave special homes, children’s send him to a place of safety after reporting it
homes once they turn 18 years of age. Child to the State Government
Protection Units have to be constituted by
the State Government for every district to
take up matters relating to children in need of
care and protection and juveniles in conflict
with law to ensure the implementation of this
Act and to establish and maintain homes ,
notification of authorities for the rehabilitation
of children and coordination of various
agencies under the Act
• Adoption has been defined as process
through which the adopted child is
permanently separated from his biological
parents and become the legitimate child of
his adoptive parents with all rights, privileges
and responsibilities that are attached to
the relationship. Under the Act, adoption
will beresorted through notified adoption
agencies, for the rehabilitation of children who
are orphan, abandoned or surrendered who
have been declared legally free for adoption
by two members of the CWC. The various
guidelines of the State Governments or the
Central Adoption Resource agency have
to be followed for giving a child in adoption
through a court. A child can be given in
adoption to a person irrespective of marital
status, or to parents to adopt a child of same
sex irrespective of the number of biological
sons or daughters or to childless couples.
Other important law for protecting children’s rights

• Section 323-326 of the Indian Penal Code (PIC) deal with Physical Abuse The Protection of
Women from Domestic Violence Act, 2005 covers all children below the age of eighteen years
and includes any adopted step or foster child even adopted and foster child. Sections of the
IPC relevant to child sexual abuse include Section 354- Outraging the modesty, Section 366
- Kidnapping, abducting or inducing women to compel her marriage etc. Section 366 A-
Procuration of minor girls, Section 375- Rape, Section 376 - Punishment for Rape, Section 377
- Unnatural offenses deals with unnatural sexual offences.

• Under the IPC sections relevant for dealing with children who are trafficked are Section 340
– Wrongful Confinement, Section 342 – Punishment for wrongful confinement, Section 343 –
Wrongful confinement for three or more days, Section 344 – Wrongful confinement for ten or more
days, Section 346 – Wrongful confinement in secret, Section 347 – Wrongful confinement to extort
property, or constrain to illegal act, Section 365 – Kidnapping or abducting with intent to secretly
and wrongfully confine person, Section 366 – Kidnapping, abducting or inducing woman to
compel her marriage, etc, Section 366A – Procuration of a minor girl. Section 366B – Importation
of girl from foreign country, Section 367 – Kidnapping or abducting in order to subject person to
grievous hurt, slavery, etc, Section 372 – Selling minor for purposes of prostitution, etc. Section
373 – Buying minor for purposes of prostitution, etc.

• The Immoral Traffic (Prevention) Act, 1986 (ITPA) was enacted for the prevention of immoral
traffic. All persons whether male or female who are exploited sexually for commercial purposes
fall under the purview ITPA. ITPA provides more severe penalties for trafficking of women and child
prostitution.

• The Child Marriage Restraint Act: Under this act promotion, permitting and participation in a child
marriage are punishable offences.

• The Child Labour (prohibition and regulation) Act: This act distinguishes between hazardous
and non hazardous forms of labour and protects all children under 14 years of age from being
employed in hazardous conditions.

• The Information Technology Act: Child Pornography can be dealt under this Act as publishing of
information which is obscene in electronic form is punishable.

• The Goa Children’s Act: This Act though only applicable in Goa, protects children from sexual
abuse and sex tourism.

53
Sources of information:
1. Websites
www.crin.org
www.unicef.org
www.haqcrc.org

2. 2007, India Alliance for Child Rights (IACR)

Measuring Progress for Children, CRC
Review 2002-2007, Workbook, Pp: 6-7

3. Save the children, 1999, Rights of the Child

(Chapter 2) “Children’s rights: Reality or
Rhetoric? The UN Convention on the Rights
of the Child: The First Ten Years. London:
International Save the Children Alliance.
Pp:13-38

4. UN Convention on the Rights of the Child.

Article 4 and 42-45

5. 2007, Tata Institute of Social Sciences,

Centre for Socio legal Studies and Human
Rights, Professor Asha Bajpai, Laws
Relating to Child Protection, Pp:1-2

6. Child Hope UK, Child Protection Manual,

Pp: 13-15

7. Ministry of Women and Child Development,

Subgroup report, Child protection in the
Eleventh Plan (2007-2012) Pp:5-6

8. Urie Bronfenbrenner, Ecological Systems

Theory, Pp:1-5

9. 2006, CHILDLINE India Foundation,

Manisha Gupta, Nicole Menezes, 1098,
Pp:37

10. Ansell Nicola, 2005, Children, Youth and

Development. Routledge.

11. 2007, Government of India, Ministry of

Woman and Child development, Child
Abuse India, Pp 6-7

12. 2006, Hank van Beers, Antonella Invernizzi,

Brian Milne, Beyond Article 12:essential
readings in child participation

13. 2001, CHILDLINE India Foundation,

CHILDLINE at my finger tips: a resource
book
55
CHILDLINE - Child Protection Handbook
The information and tools presented in this handbook would help the user address problems through information
sharing and training aimed at strengthening child protection policies and programs at various levels, depending
on the scope and nature of their work. It would also be a useful resource for gaining a better understanding on
the subject of child protection including ways of identifying violations of childrens’ rights and addressing them in
our day to day personal, social and professional lives. Tips on methods of presenting the content are given to the
facilitator but these are not meant to limit creative presentation. The facilitator needs to plan the training based on
the audiences’ level of knowledge and experience.

This mainly aims at strengthening child rights in the society by creating awareness, understanding and
commitment among decision makers, opinion formers and everyone who has day to day contact with children.

This handbook will help in responding to the need felt by organizations and individuals working with children in
the civil society space. Although there are existing policies for child protection in a lot of organizations, there is a
need for a ‘how to’, a basic resource on Child Protection which would guide and support their work.

CHILDLINE India Foundation This publication is

2nd Floor Nana Chowk Municipal School supported by Plan India
Frere Bridge, Low Level, Nr Grant Road Station
Mumbai 400 007. India
Telephone: [91 22] 2384 1098/ 2388 1098
Fax: [91 22] 2381 1098
Email: dial1098@childlineindia.org.in
Web site: www.childlineindia.org.in