HYDERABAD: Over the last five weeks, The New Indian Express investigated and reported issues faced by children across social and economic backgrounds in Telangana as part of the Child First series. A look back at the issues we reported shows there are very little mechanisms in place for the care and protection of children in the State. Lack of support systems for street children, missing de-addiction centres and social welfare schemes of the government not being extended to internally displaced children were some of the aspects we explored over weeks.
Collectively, all these issues stem from one major lapse on the part of government, say experts — absence of the State Commission for the Protection of Child Rights (SCPCR). The Commissions for Protection of Child Rights Act, 2005, mandates that every State must have an SCPCR. Telangana has not had one in the last 10 months. Prior to that, it functioned as a single-member commission for two years. It’s crucial for every State to have an SCPCR as it has a number of powers and functions. “While it’s impractical to say that all cases could come to a logical end, the Commission is capable of creating a deterrence mechanism,” says child rights activist Achyuta Rao. “They have powers to make several bodies answerable, thereby preventing crimes from taking place,” he added.
Achyuta Rao was the sole member of the Commission from July 2015 to February 2017 after two other members resigned. During this time, a total of 169 cases came to a logical end. “This is one body accessible for those who do not have the resources to go to court,” adds Rao. “These are the only bodies that listen to the voices of children and fight for them,” says former chairperson of the National Commission for the Protection of Child Rights (NCPCR) Shantha Sinha. “The Commissions have the power to create and amend policies for children. If such a body is defunct, there will be no space for child welfare,” adds Sinha, who also founded child rights organisation MV Foundation.
NGOs step in to fill the void
The recent drug bust by excise official in Telangana left parents and school managements in shock after it was revealed that children as young as 13 have access to narcotic substances. “We have no information regarding these children, their rehabilitation or current status,” says Achyuta Rao. “Had the SCPCR been functional, the educational officers and child protection units would have been accountable to conduct investigations and hold awareness programmes across the State.”
Achyuta Rao’s NGO Balala Hakkula Sangham has been keeping record of various crimes and violations against children since January 1, 2017.
According to their database, more than 600 cases of violation of child rights and crimes were reported this year. These include child labour, corporal punishments, child marriages, suicides due to stress, child sexual abuse and rape. “Since the Collector’s offices are answerable to the panel, it’s likely that a functional SCPCR would have actively pushed for compensation to be granted to victims under the POCSO Act. Similarly, there would be a check on several other issues, like on schools that put too much pressure on children or those that make them carry heavy school bags.”
CWC also in bad shape
The intention of an SCPCR is to reform and rehabilitate children rather than punishing individuals, says Achyuta Rao. And this is in sync with the governance system of the State, agrees Shantha Sinha. “SCPCR and the government can work without structural confrontation, and with a view of complementing each others role,” she says. In this way, the SCPCR can help District Child Welfare Committees (CWCs), who have the first-line responsibility of looking into violation of child rights and also those in conflict with law.
The CWC — a bench of five magistrates — has the task of examining the status of every child in need of care and protection. However, activists say that even these CWCs need government attention and strengthening. The members, for instance, are paid on honorarium basis and they have to perform their duties out of their own will and interest. According to one member, they are not even paid conveyance charges for field visits and do not have offices or infrastructure to take up any case.
Dysfunctional history
At the moment, the Women and Child Welfare Department is awaiting orders from the State government to appoint the Commission. The Hyderabad High Court, based on a petition filed by Achyuta Rao, issued a stay on all proceedings of the Commission in August. Rao’s petition stated that the appointment of Gudimalla Ravi Kumar as SCPCR chairman was not in accordance with the Commissions for the Protection of Child Rights Act.
The petitioner argued that Ravi Kumar had no prior experience in dealing with children or their rights. As per the rules, the panel’s chairman must have at least 15 years of relevant experience. This was followed by another petition challenging the appointment of six members to the Commission. This led to the High Court stalling any proceedings by the Commission.
This isn’t the first such delay. The Commission itself was constituted only in February 2014, almost a decade after the Act came into effect, and that too after being hauled up by the Supreme Court. Again, within a week of its formation, the chairperson stepped down. Four months later, the erstwhile Andhra Pradesh was bifurcated and three members moved from Telangana to Andhra Pradesh. This, experts say, was a violation as they can move only after completing three years in the post, provided both the States agree. Three others remained in Telangana, of which one resigned as she was ‘vexed with the system’ and another secured a better job. “None of us were paid salaries, including the last standing member Achyuta Rao,” a former member said.
Save the Children recommends..
Presence of SCPCR in every state will enable the protection of children, without compromise
It would help support other departments in protection of children
It would help bring an additional perspective and strengthen accountability on children’s issues at the state-level
It can help trickle down visions of NCPCR and help the state for formulating and implementing necessary policies
It will also enable discussions on child protection in the state through periodical consultation with all stakeholders