List of Issues : India. 30/06/99.
CRC/C/Q/IND/1. (List of Issues)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Twentieth-Second Session
Pre-sessional Working Group
7-11 June 1999


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of Issues to be taken up in connection with the consideration of
the initial report of India (CRC/C/28/Add.10)


GENERAL MEASURES OF IMPLEMENTATION
(Arts. 4, 42, and 44, para.6 of the Convention)

1. Please describe the role of personal / customary laws in Indian society and indicate how these laws relate to provincial and national laws as well as the Constitution. Further, please provide additional information on the inconsistencies between personal / customary laws and the Convention. With respect to information provided in paragraphs 35-36 of the report, please provide an update as to the status of the recommendations from the International Conference on Shaping the Future by Law, and in particular, the proposal to review domestic legislation pertaining to children. Additionally, please indicate whether consideration has been given to the enactment of a comprehensive children´s right code. Please indicate whether India envisages withdrawing its Declaration made with respect to article 32 of the Convention.

2. Please provide information on the administrative setup, including the level of resources (financial, human and technical) allocated for the effective functioning of the Department of Women and Child Development, the agency with responsibility for the coordination, monitoring and implementation of the Convention. Additionally, please highlight the difficulties and constraints, if any, faced by the Department in fulfilling its mandate. Please indicate the extent to which non-governmental organizations (NGOs) are involved in the design and/or implementation of policies and programmes for children.

3. Please indicate whether indicators have been developed and disaggregated data collected
on the status of children, especially the most vulnerable groups, such as children victim of abuse or ill-treatment, children belonging to Scheduled Castes and Tribes, children living in remote rural areas and isolated rural communities, children living in Jammu, Kashmir, Orissa and the Northern regions, children born out of wedlock, children born of incestuous relations, children with disabilities, girls, child brides, children working and/or living on the streets, children living in institutions, refugee children, and children belonging to minority religions. Further, please describe the extent to which these indicators and data are used in the formulation of policies and programmes for the effective implementation of the Convention.

4. In light of article 4 of the Convention, please specify the percentage of the national budget allocated to children´s programmes, including in the health, education and social sectors, and indicate whether there is an intention to increase the allocation. In this regard, please also provide information on budgetary allocations at the state and district levels. Additionally, please provide information regarding the procedure and criteria used in allocating resources at the national, state, and district levels.

5. Please provide additional information on the measures taken and/or envisaged to ensure that the principles and provisions of the Convention on the Rights of the Child are disseminated at all levels of society, including among children enrolled as well as those not enrolled in school; parents; and professionals working with and for children. Additionally, please indicate the extent to which training on the principles and provisions of the Convention has been provided for professionals working with and for children, particularly teachers, police and prison officers, and persons working in care institutions.

DEFINITION OF THE CHILD
(Art. 1 of the Convention)

6. With regard to information provided in paragraph 67 of the report, please provide an update on the proposal to have the Law Commission of India review the "definition of the child", in light of article 1 and other related provisions of the Convention.

7. With reference to information provided in paragraphs 65 of the report, concerning the legal definition of a juvenile under the Juvenile Justice Act 1960, please indicate the measures taken or envisaged to increase the legal age of a juvenile boy (16 years) to the equivalent of that of a juvenile girl (18 years) to ensure that boys between the ages of 16-18 years are provided adequate protection under the law. Further, please indicate whether there is an intention to raise the legal ages for criminal responsibility (7 years) and enlistment into the armed forces (16 years). Additionally, please provide information on the legal minimum ages for the sexual consent of boys, consumption of alcohol, medical counseling without parental consent and marriage with parental consent.

GENERAL PRINCIPLES
(Arts. 2 ,3, 6 and 12 of the Convention)

8. Please provide further information on specific measures taken and/or envisaged to ensure that the principles of non-discrimination (article 2), the best interests of the child (article 3), the right to life, survival and development (article 6), and respect for the views of the child (article 12) are reflected in all related legislation, personal laws and customary laws as well as actions taken by social welfare institutions, courts of law and administrative authorities. Please also provide some examples of implementation of these principles by courts as well as administrative or other bodies.

9. With reference to information provided in paragraphs 80-82 of the report and in light of the principle of non-discrimination (article 2), please provide additional information on the legislation, policies and programmes (including methods of evaluation) implemented and/or foreseen to ensure non-discrimination of children of Scheduled Castes, particularly Dalit or "untouchable" children; children of Scheduled Tribes, including those living in the Andaman Islands, the Northeastern region and remote rural and hill communities; children of Muslim and other religious minority families; children whose families are engaged in manual scavenging; girls; widow girls; children living and/or working on the streets; children of poor families; children born out of wedlock; and in all strata of society. Please indicate whether the yearly reports of the Scheduled Castes and Tribes are published and disseminated and follow-up implemented to ensure non-discrimination.

10. With reference to information provided in paragraphs 84-86 of the report, concerning female infanticide, selective abortions of the female foetus, and the deprivation of basic health care and nutrition of girls and in light of articles 2 (a), 6 and 24 of the Convention, please provided additional information on the legal and other measures taken and/or envisaged to protect girls and guarantee their right to life, survival and development.

11. Please outline the measures taken and or foreseen to sensitize public opinion, including in traditional communities, on the participatory rights of children and to further encourage children to exercise their right to freely express their views, in light of article 12 of the Convention.

CIVIL RIGHTS AND FREEDOMS
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)

12. Please outline the measures taken to improve birth registration and ensure that all children are registered at birth.

13. In light of article 17 of the Convention, please indicate whether steps have been taken to ensure that all children are allowed adequate access to information, particularly those in remote rural areas and poor urban centres. In this regard, please provide information on the number and distribution of libraries for children throughout the State party. Further, please indicate whether measures have been taken to protect children from harmful information, including violence and pornography.

14. In light of articles 14 and 16 of the Convention and with reference to paragraphs 110 and 118 of the report, please explain how the rights of children to freedom of thought, conscience and religion as well as protection of privacy are realised in India.

15. Please provide information on the situation of forced evictions and displacement of families from their homes and communities, particularly as regards families of tribal and fishing communities and those living in crowded urban areas.

16. With respect to article 37 (a) of the Convention, please provide information on the measures implemented and/or foreseen to prevent and prohibit police brutality, acts of torture or other cruel, inhuman or degrading treatment or punishment of children, especially children working and/or living on the streets and those in conflict with the law. In light of article 39 of the Convention, please also provide information on the treatment of children victim of such maltreatment and outline the measures taken and/or foreseen to promote and ensure their physical and psychological recovery and social reintegration. Additionally, please indicate whether complaint procedures are easily accessible to children whose rights are violated and to their representatives. Please also provide information on the procedure established to investigate and apply sanctions against police brutality. Further, please indicate whether there is an intention to ratify the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment before the year 2000.

FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(Arts. 5, 18(1) and (2), 9, 10, 11, 19, 20, 21, 25, 27 (4), and 39)

17. Please provide information on recent developments concerning the natural guardianship of children, particularly the rights of mothers to equal status in this regard. Additionally, please provide information on the measures taken and/or foreseen to assist parents, especially single mothers and those living in rural areas as well as poor urban communities, in their child rearing responsibilities. Further, please provide information, including statistical data, on the occurrence of divorces, separations and deprivation of parental responsibilities.

18. With regard to information provided in paragraphs 135-137 of the report concerning the use of personal law as opposed to statute law to guarantee recovery of maintenance for the child, please provide information on additional measures taken to protect the rights of children in this regard and ensure consistency with article 27 of the Convention.

19. Please provide additional information, including statistical data, on the situation of abandonment as well as children in alternative care institutions and indicate whether there are mandatory investigations of deaths of children in these institutions. Additionally, please also provide information on the level of resources (financial and human) allocated for alternative care institutions. Further, please also indicate whether programmes have been established or are envisaged to increase the number of night shelters for children living and/or working on the streets. Please also provide additional information on the policies and programmes implemented and/or envisaged with respect to non institutional care.

20. With reference to information provided in paragraph 126 of the report and in light of article 21 of the Convention, please outline the legal and other measures taken and/or foreseen to ensure that the best interests of the child and other provisions guaranteed by the Convention are protected in the adoption process. In this regard, please provide additional information, including statistical data, on the occurrence of domestic adoption as well as the practice of traditional, informal adoption . Further, please provide information on the status of intercountry adoption. Additionally, please indicate whether foster parenting has been institutionalized and a process of recruitment and evaluation of foster parents established.

21. Please provide additional information, including statistical data, on the situation of abuse and neglect, including sexual abuse in the family, and outline the programmes implemented and/or foreseen to prevent these practices and to rehabilitate children victims in this regard.

22. Please provide additional information on the use of corporal punishment in families, schools, care institutions and juvenile correctional facilities and outline the measures taken and/or foreseen to prevent and eradicate this practice. Additionally, please indicate whether there is an intention to prohibit by law all forms of corporal punishment.

BASIC HEALTH AND WELFARE
(Arts. 6, para. 2, 23, 24, 26, and 18, para. 3, and 27, paras.1-3)

23. Please provide additional information, including statistical data, on the situation of health and health services for children, particularly as regards malnutrition; breast-feeding practices; infant and child mortality; early childhood diseases; sanitation and access to safe drinking water. Additionally, please also outline the measures taken and/or envisaged to correct the regional disparities within the health system. In light of information provided in paragraph 202 of the report, please indicate whether efforts have been made or are envisaged to introduce a full social security scheme.

24. With reference to the information provided in paragraphs 205-219 of the report, please provide additional information on the practical measures taken, since the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, to integrate children with disabilities and ensure their social inclusion. Additionally, please highlight the activities undertaken to facilitate an increase in public awareness regarding the rights of children with disabilities. Further, please outline the policies and programmes implemented and/or envisaged to increase the access of children with disabilities, including mental disabilities, to services in rural areas.

25. Please provide additional information and statistical data, on adolescent health, including sexually transmitted diseases (STDs), HIV/AIDS, teenage pregnancies, teenage mothers, abortions, drugs and substance abuse (including tobacco and alcohol), violence, suicide and other mental health concerns. Please identify the policies and programmes implemented and/or foreseen to prevent these problems and to provide counseling, treatment and care for adolescents faced with these concerns.

26. In light of information provided in paragraph 92 of the report, please provide additional information on the measures, including legal and awareness raising ones, taken and/or envisaged by the State party to prevent and eradicate the traditional practices of early and forced marriages and ritualized prostitution (devadasi) and to counter the harmful effects of these practices on girls. Please indicate to what extent these measures have been effective.

EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(Arts. 28, 29 and 31 of the Convention)

27. Please identify any additional measures taken and/or foreseen by the State party to fulfill its constitutional obligation to make primary education available, accessible and free to all children up to the age of 14 years. Further, please provide additional information and disaggregated statistical data on the situation of education, including enrollment and drop out rates at both the primary and secondary levels and highlight the measures taken to address these concerns. Please provide an update of the progress achieved in implementing the activities proposed in paragraph 239 of the report to improve education. In this connection, please also provide information on the specific measures envisaged to improve the quality of education provided under the Non-Formal Education (NFE) programme referred to in paragraph 226 of the report. Additionally, please outline the measures taken and/or envisaged to correct the regional disparities in access to education and to improve the overall literacy rate. In light of information provided in paragraph 229 of the report, please identify any additional concrete measures taken to encourage and facilitate the enrollment of girls at all levels of the educational system.

28. Please provide information on the participatory rights of children within the school system, including their involvement in student councils and disciplinary proceedings and indicate whether a complaints procedure has been established within the school system for students whose rights have been violated. Additionally, please indicate whether there is a concern with respect to violence in school.

29. Please provide an update on the State party´s commitment to allocate 6% of GDP to education by the year 2000, referred to in paragraph 238 of the report, and highlight the difficulties and constraints experienced in this regard.

30. Please indicate whether there is an intention to introduce human rights training for school managers, administrators and teachers on the principles and provisions of the Convention on the Rights of the Child and to incorporate human rights, including the rights of the child, into the school curricula.

SPECIAL PROTECTION MEASURES
(Arts. 22, 30 and 32-40 of the Convention)

31. Please provide additional information, including statistical data, on asylum-seeking, unaccompanied, refugee and stateless children and outline the measures undertaken, including those of a legal nature, to protect the rights of these children, particularly as regards education, health and social services.

32. Please provide additional information and statistical data, on the status of children affected by armed conflict, including those below the age of 18 years enlisted in the armed forces. Further, with regard to information provided in paragraphs 264 - 265 of the report, please provide information on the measures taken and/or envisaged to protect the rights of children in conflict areas, particularly in Jammu and Kashmir and the Northern States. In this regard, please also provide information on the situation of disappearances and outline the measures taken to prevent this concern.

33. Please provide information, in light of articles 37, 40 and 39 of the Convention, in particular on: (c ) deaths of children in custody.

34. Please provide further information on the situation of children in conflict with the law, in particular on the following:(c ) whether there are external complaint procedures to deal with issues such as ill-treatment which are independent from the authorities of detention and correction institutions. How effective are these procedures?
(d) educational, health and social services facilities;(f) the measures taken to ensure the separation of children from adults;
(g) the measures taken to ensure that legal aid is provided;( i ) the measures taken to prevent and prohibit abuse, ill-treatment and corporal punishment of children.

35. In light of information provided in paragraph 272, please indicate whether consideration has been given to a revision of the Juvenile Justice Act with a view to establishing separate procedures and legislative measures for dealing with delinquent and neglected juveniles. In this regard, please provide additional information on the policies and programmes implemented and/or envisaged to ensure that neglected juveniles are provided adequate welfare services and support and not treated as delinquents.

36. With reference to information provided in paragraphs 283-287 of the report, please provide an update on the International Programme on the Elimination of Child Labour (IPEC) launched in cooperation with ILO. Further, please outline any recent initiatives undertaken by the State party to address the situation of child labour, especially bonded labour, and to protect children from economic exploitation, particularly within the informal sector. Please also provide additional information on the sale, trafficking or abduction of children, particularly as regards child labour and outline the legal and other measures taken to address these concerns. Please indicate whether measures have been implemented or are envisaged to increase the level of resources (financial and human) to ensure adequate implementation and monitoring of labour laws, policies and programmes to protect child labourers and prevent their economic exploitation.

37. Please provide additional information, including statistical data, on the sexual abuse and exploitation of children; child prostitution, especially ritualized prostitution (devadasis); child pornography; and sale and trafficking of children for commercial sexual exploitation. Further, please provide an update on the status of the Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children launched in India in 1998, particularly as regards the rehabilitation and reintegration of victims. Additionally, please describe any other recent initiatives undertaken by the State party to address these concerns.

38. In light of article 30 of the Convention, please provide information on the situation of children belonging to minority and indigenous groups, including the Andaman Islanders, particularly their access to education, health and other social services. Further, please outline the measures taken and/or envisaged by the State party to ensure that the rights of these children are guaranteed, particularly those rights concerning culture, language and access to information.



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