Volume 3Issue
1 The
Human Rights MagazineOctober-November 2003
Combat Law
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Children's Rights in Shining India Enakshi Ganguly Thukral
An examination of the laws shows that although they are meant to protect
the interests of children, they have been formulated from the point of
view of adults and not children. They are neither child-centred, nor child
friendly, nor do they always resonate with the CRC. Thousands of children
are homeless or living in inadequate living conditions and are displaced
in the name of development and progress.
Keeping
a Watch on Child Rights in India Razia Ismail Abbasi In keeping with its earlier advocacy for world attention
for children, India accepted the decisions of the 1990 World Summit on
Children, and in 1992 also acceded to the Child Rights Convention (CRC).
While making all the right moves on paper, it was doing nothing much to
match the official signatures it affixed to international instruments.
Convention
on the Rights of the Child-Achievements and Challenge Jaap. E. Doek The CRC has become a foundation for, and the driving
force behind, a wide variety of activities aimed at improving the world
of and for children. All national governments have committed themselves
to build a world fit for children. It should remain important that an
international body can regularly review and examine the activities of
the States.
Holding
Governments Accountable Rita Vohra The budget of any country is not merely an economic
document. In a democratic country like India, civil society groups' monitoring
of what the government spends on children would lend a strong and effective
voice to the children who cannot vote, lobby or speak out for themselves. Sexual
Exploitation of Children Aparna Bhat The Immoral Trafficking (Prevention) Act (ITPA), 1956
is unable to address the new forms that prostitution and child prostitution
have taken. The Act does not define trafficking, ignores the victims completely
and does not give any benefit to child victims. Studies have shown that
prosecution is superficial - pimps, touts, middlemen and the primary traffickers
are not touched by the prosecution.
Child
Sexual Abuse -Time for Action
Prathiba Menon One out of every four children in the world is a victim
of sexual abuse, but Indian has not seen it fit to even recognize the
problem. No Indian legislation has attempted to even define child sexual
abuse. There is absolutely no section of the IPC that covers all the various
kinds of abuse that is done by an adult to a child.
Beyond
the Protection of Juvenile Legislation Maharukh Adenwalla Legislation is very clear in its intention that juveniles
are not to be incarcerated in jails pending inquiry or on conviction.
Despite the safeguards incorporated in the law and procedure, ensuring
children protection of juvenile legislation, juveniles continue to form
part of the criminal justice system as it is applicable to adults.
Child Labour and Cultural Relativisms Parul Sharma India has the distinction of being the nation with the
largest number of child labourers in the world. The Indian scene of child
labour is dominated with various cultural impacts where education alone
cannot work to complete the rights chain. Crtical
Analysis of the Adoption Law
Shibani Ghosh
Corporal Punishment Alok Gupta A 1996 UNICEF study revealed that children from several
schools in India were regularly abused by their teachers in the name of
corporal punishment. The legal debates in most places rest between allowing,
what is called authority for reasonable paddling versus the argument for
an absolute ban on corporal punishment.
Other
issues:
Special Issue
April - May Supplement'03
Reports Punthamba
- A Fight for Justice A fact finding report of the demolition of adivasi
huts and cops in Punthambha, Ahmednagar District, Maharrashtra.
Larzish
- Saying it through FilmsA
round-up of the first International Film Festival of Sexuality and Gender
Plurality.
A Movement for Repeal of POTA Report on the People's tribuna on POTA and other security
legislations.
Women Branding
Women A fact finding report reveals the use of witch hunting
as yet another means of oppression of women in the tribal belts of Nandurbar,
Maharashtra.
Communalism Passing
the Saffron Buck Hoshedar Havewala A violation of human rights is used by communal forces
to spark tension in Jhabua, Madhya Pradesh.
Judiciary & Polity Cyber
Crime and Indian Society Anuradha Parasar A pragmatic approach of
all concerned is needed to tackle this crime still in its nascent stage
in India.
Rule
of Law - A Fugitive
K.G.Kannabiran Increasing corruption and brazen bending of the judiciary
by people holding public offices intensifies the need of a Special law.
Shifting
the Balance Prashant Bhushan Has the Philosophy of the Supreme Coourt on
Public Interest Litigation changed in the era of Liberalisation?
Labour Rights Tea
Garden Workers - Abandoned to Death Sunil Scaria In view of the persistent reports of starvation and
other human rights abuses in the tea garden of North Bengal, Swadhikar,
a voluntary society in Jalpaiguri requested the Indian People's Tribunal
(IPT) to visit the area in order to determine facts and make recommendations.
Adivasi Rights Adivasi
Tradition as a Crime Stan Swamy Adivasi
tradition of dispute - resolution is made out as a criminal offence.
Prisoner's Rights Accessing
Justice Hridey Pal Singh The
right of the accused to a copy of the First Information Report will go
a long way in ensuring justice.
A
Model for All? Veena Kumari A
jailbreak at the Model Jain in Chandigarh leads to suspension of human
rights of inmates and harassment of their families.
Judiciary's Finest
Day Best Bakery Judgment (Special Issue) April - May Supplement'03