From the drought situation pushing young girls into child marriage to measures that need to be taken, Vasudev Sharma, Executive Director, Child Rights Trust, former member, of Karnataka State Commission for Protection of Child Rights, and ex-chairperson, of Child Welfare Committee (Bengaluru), speaks about various issues related to children, in a freewheeling interaction with the editors, reporters and staffers of The New Indian Express.
Excerpts:
Families in rural areas are getting their daughters married early because of drought, how is the scenario now?
During the Covid-19 pandemic, child marriages were prevalent because they thought the media wouldn’t cover them. Also, people went home because of lockdowns, and a lot of them got into romantic relationships. Similarly, during drought, people think that if they wait, prices might go up and their poverty situation might be different, so they just want to get their daughters married. Most girls in Class 9 or 10 are married off. Having said that, there are a lot of government and NGO initiatives to prevent this from happening. We hope the drought situation doesn’t push all young girls into child marriages, especially in rural areas.
Despite stringent laws, we still have cases of child labour in the state and country...
In Bengaluru’s urban areas, there might not be so much child labour but in suburban and rural areas, there is still child labour. We cannot close our eyes and just wish away child labour. In North Karnataka, for agri-based work, child labour is still prevalent. ‘Chikkis’ in small sheds are made by children. Making bricks also involves a lot of child labour. However, for a long time, we have believed that families have migrated from North Karnataka for labour, but this has changed now as children are found from North Indian states. Even families from the Northeast are here.
What is the reporting mechanism and how is it lacking?
We can say the reporting mechanism today is limping. So far, we had a robust system of 1098 helplines, which involved NGOs, District Child Protection Units (DCPs) and the police. Now, the Government of India has taken the operation under the Integrated Child Protection Scheme staff under District Child Protection Units. We hope it is going to be a good one. In some districts, it is not established yet, but will be slowly. The only problem we see is that the helpline gives multiple options. If children are in distress, they have to wait to get to the option that offers help for children. By that time, they will either cut the call or be disinterested in reporting the crime. The system should be such that once you call, someone responds immediately. Childline did that, but the new system may hamper reporting and go down drastically. We wish that police stations are more child-friendly.
What can be done to curb crimes against children?
We need the government to define an age for children and adolescents, some Acts say 12 years, some say 14 years. Some laws fall in grey areas. Child and Adolescent Labour Prohibition Regulation Act says ‘no’ to child labour for up to 14 years, but the Street Vendors Act allows a 14-year-old to own a licence. Generally, child labour attracts a fine and imprisonment ranging from 7 years to 14 years. Karnataka has good Acts such as nullifying child marriages, and fines for child labour, but how well are they implemented? Punishment is not the solution. In what way have we educated people and made them understand that these are not good? Not enough discussions have happened in public forums. We have to talk about how maternal mortality, child marriages, childbirth and malnutrition are related, which we need to publicise more.
Are child marriages also prevalent because of undefined age factors, and individuals find loopholes?
That is the biggest confusion. Traditional age and legal age are considered different. There are religious misunderstandings also. Even today, people think the Prohibition of Child Marriage Act 2006 is only for Hindus. It is a national Act. Although we are in 2023, the mindset is still in the 1850s. When a girl hits puberty in rural areas, it’s said that her age to get married has arrived. We are not educating our boys enough on what they should be doing and what they shouldn’t. Even in schools when they are teaching about menstruation, boys are driven away. They are not made aware of anything. There is a big misconception about virginity, and boys somehow have a lot of information about it.
What is the age to be followed while booking someone for child marriage?
If the girl is below 18, and the boy is below the age of 21. Completion of the year needs to happen for marriage.
How big a role do stakeholders play while making laws and Acts for children? Or do people just make laws assuming they understand the subject well?
In India, we don’t have a history of people’s involvement while making laws. However, over the years, such as when the Juvenile Justice Care and Protection Act came in, that process was good. Several consultations were done and we were a part of it. We also consulted children and we spoke about terms such as ‘protection’ and ‘justice’. Such consultations were held all over the country, and even in rural areas.
While creating laws related to children, are stakeholders actively involved, or is the process often dominated by individuals who believe they know what’s best for children, without considering broader perspectives?
In the development of laws concerning children, input is sought from both government entities and non-governmental organisations (NGOs). The process involves various steps to reach the stage of crafting a law or act. Regarding stakeholders in children-related laws, families and local governments are typically recognized as key participants. The government’s shift from the National Education Policy (NEP) to the State Education Policy (SEP) seems to prioritize children’s interests, but it raises concerns about whether this decision violates their choice, as they are not actively involved in the decision-making process. Currently, this is a contentious matter. The Central government supports the National Education Policy (NEP), while state governments are advocating State Education Policies (SEPs). However, this situation has created a divide, as some children follow the central syllabus, and others the state syllabus. It’s evident that a more inclusive process, with broader consultations, should have been in place. Decisions on education policies should be based on scientific data and informed discussions, considering children’s expectations alongside other important factors. A growing child is typically seen as a parental responsibility. However, in the context of education policies like NEP and SEP, it becomes the shared responsibility of society and government.
Is the deterrence factor of laws effective when it comes to matters concerning rights, particularly when we see practices like the Devadasi system?
I strive to alter the narrative and transform societal perspectives, seeking to change not only statutory laws but also entrenched cultural norms perpetuating practices like the Devadasi system.
Do you think technology in the hands of children, especially in rural areas, is benefiting them? Many children are now growing up with smartphones in their hands…
We are scared because we think children are going to harm themselves with technology. Once upon a time, children had only books and newspapers. Later, we got radio and television, then mobiles and the internet. Let us help children with information on how to use it because if we say no to it, then we are creating more harm. Of course, there will be misuse, abuse and to an extent, self-harm. Children without their knowledge are creating ‘porn’ (self-generated porn) and are becoming victims of online child sexual abuse. We need to help them with do’s and don’ts, and should not scare them. We are working on material on ‘sexuality education’ for children at lower levels up to PU level. Along with children, teachers, school management and parents should be made aware of this.
What rights do children have within the school setting?
I see the rights of children from the point of participation in decision-making. The political meaning of ‘participation’ is that ‘without me being part of the decision, one cannot make a decision on me’. Participation is an informed decision and schools should be places where they experience what participation is. For instance, children can be consulted on what ‘sambar’ they wish to have the next day. A ‘school’ has to be one with ‘child rights’. We need to sensitize the school management and teachers and non-teaching staff to be part of child rights, which should be part of the Teacher Certificate Higher (TCH), B.Ed and M.Ed curriculum.
How have children’s crimes evolved? Children are also taking extreme steps and ending their lives. What can be done to prevent them?
Individual children getting involved in violation of laws and children being induced into organised crimes is happening. Children being pulled and pushed into crimes is a reality, but the pattern is changing. If we do an analysis of the children who are getting stuck in the Juvenile Justice Board, they have a pathetic support system. We need to do a lot of work to provide support systems to our children. We see children as human resources. Children have to be provided with appropriate systems to come back to the mainstream. We need to provide opportunities for children to use their energies. For instance, a city like Bengaluru, which has 200 wards, should be split into manageable pieces and there should be groups coming up with activities for children and adolescents, where they can use their energies. Earlier, we had a lot of places and playgrounds, however, they have shrunk where children cannot even run around with their full energy.