CHILDLINE PROTECTS AND SUPPORTS A MINOR VICTIM OF ABUSE

On 15^th June 2020, CHILDLINE Rourkela, Odisha, placed a 13-year old girl, Radha (name changed to protect identity) in a shelter home on the orders of Child Welfare Committee (CWC). Radha was rescued from the market place by the Biramitra police station where she was roaming aimlessly. She was kept under the custody of the medical officer at the Biramitrapur Community Health Center (CHC) since she was not feeling well and required medical attention. 

On further counseling, Radha revealed some startling details. She had undergone an abortion the previous night. She also mentioned that earlier the Biramitrapur police station officers had tried to admit her at the CHC. As the counseling session progressed further, CHILDLINE realized that the police along with the doctors had violated the MTP Act (Medical Termination Of Pregnancy Act, 1971). They all had given false information to the CWC.   

The local newspaper covered this case on 21^st June 2020. Next day, CWC recorded the statement of the child. As per orders from the CWC, the local DCPO (District Child Protection Officer) filed an FIR against six people including two police personnel and a medical officer of the CHC in the Biramitrapur area. Subsequently, the officer in-charge was suspended and his statement was recorded on 26^th June 2020. 

After getting all the necessary information, CHILDLINE immediately removed the child from the CHC and restored her with the open shelter. On the orders of the DGP (Director General of Police), the inspector was dismissed from the duty for sexually abusing a 13-year old girl for a period of four months and later forcefully terminating her pregnancy without informing the District Child Welfare Committee. CHILDLINE is providing emotional support, guidance and counseling to help Radha recover from the trauma. 

The DGP shared updates of the case on social media and apologized to the girl on social media.
If you come across any child in distress or trouble, please do not hesitate to call CHILDLINE on 1098.

LIFE SAVING SUPPORT FOR A NEW BORN DURING LOCK DOWN

 

During the lock down, in the wake of the COVID-19 pandemic, each and every individual must be vigilant and careful. However, in the case of pregnant women or women who have just delivered a baby with complications, needs to be extra careful and reach out to the right authorities for the necessary precautions and care.

On 4^th May 2020, CHILDLINE Kochi, Kerala received a call from a father reporting about his 10-day old new born baby’s need for immediate medical support. The baby was born at a general hospital in Ernakulum. Due to breathing problems, the baby was put on a ventilator and referred to Lakshmi hospital. As per the medical report, the baby was suffering from breathing problems coupled with a neurological condition and bleeding in the head.  The child was suffering with hydrocephalus and was in a very critical condition.  For urgent medical intervention the child was taken from Lakshmi Hospital, Ernakulum to Kottayam Medical College (KMC), Kottayam.

The parents also requested for help in settling bills at Lakshmi Hospital, before the discharge. CHILDLINE informed the Child Welfare Committee (CWC) Chairperson. On the same day, CHILDLINE coordinated for all the necessary services and transferred the baby to KMC. In this case, CHILDLINE received unconditional support from IMA (Indian Medical Association) Kochi Chapter and NRHM (National Rural Health Mission) for providing the ambulance and medics to transfer the child to KMC.

On 5^th May 2020, CHILDLINE paid the bills at Lakshmi Hospital. Two members from the CHILDLINE team accompanied the baby, medics and paramedics to KMC. On 8^th May 2020, the father informed CHILDLINE about the gradual progress of the baby who has begun the natural process of breast feeding. The baby doesn’t require surgery, however, will need physiotherapy. The family thanked CHILDLINE for the timely intervention and support.

MANAGING THE MENTAL WELL-BEING OF CHILDREN DURING LOCKDOWN

In the wake of the rapidly spreading COVID-19 pandemic, the lockdown period is also increasing and becoming further restrictive. There is no denying of its impact on mental health. As adults, we are more conscious of the given situation and are trying to manage and exude it in the best possible manner. However, in the case of children, the response to such situations is very different.

Like adults, children too are experiencing drastic changes in their daily schedules. Going out, indulging in outdoor activities, playing with friends is vital for a child’s psychosocial development. However, due to the lockdown, children are now confined at home for longer durations. Therefore, being stressful, cranky or irritable is extremely normal in these situations. Following are few ways to lift the spirits of children during the lockdown.

Lending a patient ear

When children feel stressed, they want someone to LISTEN to them. As parents, you should be patient and allow them to express themselves freely. Listen to their queries and answer them honestly. If they are curious about the Coronavirus and the lockdown, focus on the preventive measures and the positives of the lockdown. A good conversation is a great way to elevate stress among children.

Encourage Scribbling

Motivate your children to write and draw what they think and feel about the current situation. Let them sit by the well in your house or in the drawing-room of your apartment and allow them to put their feelings and emotions on the paper. While writing and drawing, children tend to understand themselves better as well as help the parent in understanding and supporting the children during a difficult time. 

Set Routine

Whether you live in a small village or a big city, setting a daily time-table for your children will help them stay focused. You can add plenty of breaks, meal-time, nap-time, TV time and internet time in the timetable. Parents can also prepare a time-table for themselves so that they can schedule their breaks with the children. In this way, parents can also spend quality time with children.

Seek professional help

If you feel that your child needs counselling, there is no harm in going for professional help. Many mental health experts are providing their services online. You can also call on CHILDLINE 1098 for psychosocial support from any part of India. With professional help, you can create a positive environment at home where children can be safe, healthy and develop their full potential.

CHILDLINE Delhi & action plan for abolition of Child Labour

*Sumit Kumar

Growing urbanisation has brought a larger number of migrant populations from Northern States and other parts of countries to Delhi. Delhi in last two decades has changed significantly in terms of infrastructure development and civic amenities. This has also attracted a larger number of children for coming to Delhi in hope of getting good job and to earn money.

It has been conservatively estimated by Government that around 1 lakh children working at different location in Delhi but the estimate by civil society organisation is about 5 lakh children working in various hazardous jobs across the state. While rescue and rehabilitation of these children are extremely difficult as it need involvement of various stakeholders in the rescue operation.

Child Labour profile in Delhi is of two types (NCPCR 2010)

(i) Out-of-school children living with their parents and

(ii) Children who have come from other States without their families

Hence, the Delhi Action Plan for total abolition of child labour would have two strategies. The first strategy is an ‘area-based approach’ for elimination of child labour. Under this strategy, all children in the age group 6-14 years in an identified area will be covered, whether they are in school or out-of-school. All out-of-school children would be regarded as engaged in some form of work and being deprived of their right to education. Children in schools are to be monitored so that they do not drop out and join the labour pool.

According to the estimate (NCPCR 2010), Delhi has 28319471 children in the age group 6 to 13 years, of whom 2747523 are school going and 43735 (3.34%) are out-of-school. The survey conducted by Samajika Suvidha Sangam (Mission Convergence Directorate) found that out of 643315 children in the age group 7-17 years of where 450402 of them are not in schools. According to Sarva Shiksha Abhiyan (SSA), the number of out-of-school children in the age group 6-14 years in North West District was 7219 (whereas the door-to-door survey conducted by NCPCR in 9 slums of Jahangirpuri was 2929.

Perhaps this discrepancy in data is due to the fact that names of children who are out-of-school and school dropouts may be continuing in the attendance registers as enrolled. All such out-of-school children are to be considered as child labourers or potential child labourers who would sooner or later join the labour pool.

Under this background, an affidavit has been submitted by National Commission for Protection of Child Rights (NCPCR) before the Delhi High Court seeking directions to Government authorities on the issue of child labour. Informing the court that rescued children were not being properly rehabilitated, the NCPCR, in its affidavit, stated, "There is no guarantee that all rescued child labourers have been successfully restored to their families in the source states. This is evident from a study of 22 rescued child labourers in which the families of three are not traceable and the addresses of four children were wrong."

The affidavit was filed to inform the Court about the steps taken by the government after a slew of directions were given by the high court for the rescue and rehabilitation of child labourers in the city. The high court had, in 2009, passed a detailed order which modified the existing provisions for better rehabilitation of child labourers. It had given Delhi Police extra powers, which were earlier with the labour department, to effectively eradicate the problem.

       

The Commission proposed an ‘area-based approach’ to be initiated as a pilot in the North-West district. The action plan for abolition of child labour formulated by NCPCR was accepted by Honorable High Court. The Court has issued an order dated July 15, 2009 with a clear role and responsibility of different allied system and helping them in areas of convergence.

The action plan has helped CHILDLINE team immensely to identify, plan and conduct rescue across Delhi. It has also helped in restoration and rehabilitation of these children through ensuring the role of state government in concerned states.

In last two years, CHILDLINE Delhi rescued more than 500 children. In the year 2010-2011, CHILDLINE 1098 received 696 cases reporting child labour at different locations. While the judgment has developed a way forward in case of child labour it has also left various question unanswered. The judgment directs the Government of Delhi to create various structures like to address the issue of child labour in district and state level.

In light of the judgment, the District Level Task Force was formed to handle Child labour cases and CHILDLINE is a regular participant sharing its concern about child labour. CHILDLINE participation in these forums has also steered various important discussions. In the last two years CHILDLINE have received most difficult cases with complexity involved in it. The team has developed a cohesive relationship with district administration for handling cases of labour.

Though the District Level Committee has been formed but the State Level Steering Committee on Child labour is still not exists. In absence of the said committee at state level it has not been possible to take forward unresolved issues for redressal at the district level. CHILDLINE Delhi witnessed an average delay more than a month in each rescue cases. Most difficult situation arise when child labourer is physical abused and CHILDLINE has to conduct the rescue on urgency without labour department which has been questioned by Department of Labour and Child Welfare Committee (CWC).

The quality of First Information Report (FIR) filed was also questionable as it does not include requisite section and law as per the merit of case which makes the case weaker during prosecution. Filing of First Information Report (FIR) has been also been an issue of concern as the Action Plan mandates the Police to file FIR in cases of Child labour under specific section of JJ Act, CLPRA, and IPC.

CHILDLINE data on child labour rescue shows that FIRs have been filed in less than 40% cases of Child Labour and bonded child labour apart from relevant section of Juvenile Justice (Care and Protection) Act, 2000 and Indian Penal Code, 1860. In all cases of Child Labour received by CHILDLINE more than 90% children were from other states and were trafficked by agents for labour to Delhi. As a process FIR should also include the name of traffickers who have brought these children. There definitely has to be punitive action against the traffickers.

Implementation of the Judgment, M C Mehta Vs State of Tamil Nadu and Others: The greatest challenge at present is the implementation of the judgment. The child labour welfare funds were constituted after the judgments but mechanisms to provide relief and compensation to the survivors of child labour has yet not been operationalised.Children are being rescued and restored but the amount received as recovery from the employer as well as the government share of Rs 5000 per child going to this fund is not contributing in any way to the rehabilitation of the child.

Delhi Action Plan on abolition of child labour exhibits specific role and responsibility of labour, Police, NGOs and WCD department which includes filling of challans, specific sections and acts of different laws and coordination mechanisms. It is crucial that there is a need to organise regular training with these stakeholders which includes better role clarity, experience. Instead of all these exercises CHILDLINE Delhi is still fighting hard with administration for conducting rescue for more than 120 cases alone pending in South Delhi.

Sumit Kumar is currently working as Programme Coordinator with North Regional Resource Centre (NRRC), CIF