31 Rights of the Girl Child

Varalaxmi Moganty

epgp books

Table of Contents

  1. Learning outcomes
  2. Introduction
  3. Rights of Girl child
  4. Suggestions
  5. Summary

Learning Outcomes

  • This chapter deals with the rights of the girl-child from a historical standpoint to the present day conception of rights and practice.
  • By the end of doing with this chapter, one understands not only the plight of girl child but also looks into the significant need and special ways to protect the girl child.

Introduction

Perceptions are very powerful messages for the progress and regress of people, and perceptions can never be formed in isolation; they are the results of what we see and interact with them to take the better choice for existence /sustenance on earth. Today’s development of women is the result of yesterday’s perception of girl child by some progressive thinking people and a child’s brought up in such a progressive world. Persons are the products of perceptions. History and present-day statistics reveal there were and there are successful women. There was number of women who got Nobel prizes in various fields like Chemistry, physics and peace. Jody Williams, Betty Williams and Mother Theresa received Nobel peace prizes in the past history. In India, still a developing country, despite its social and economic backwardness and discriminating attitudes toward women, many women were successful and helped children to transcend their dreams to reality. To name some are Kiran Bedi who was the first woman I.P.S. officer; Priya Jhingam was the first woman to join Indian Army; Harita Kaul was the first woman to join Indian Air force, and Kalpana Chawla was the first woman to go into space. Their successes were not only in their strong will and efforts but also encouragement from the members of family and state at each stage of life.

What is missing for another woman to achieve success is such welcoming attitude in the family and a healthy social and economic background. Thus we still see today social evils like sexual exploitation of girls; children as domestic servants; children in trafficking and other sorts of exploitation of girl children. Child marriage is still a tradition. When in the Gandhian era, that is pre-independence times there was a law called Sarada Act to prohibit child marriages. Now we have much more well-defined Act called Child Marriage Act 2006 and strong penal measures. Yet problem prevails not only in India but globally too.

  • 700 million women alive today – roughly 10% of the world’s population were married before their 18th birthday, and more than one in three (about 250 million) were married before the age of 15 (UNICEF, 2014)
  • While there are signs of progress on reducing child marriage globally, change isn’t happening fast enough, the report says. Up to 280 million girls alive today are at risk of becoming child brides, and unless we act, this number could rise to 320 million by 2050(UNICEF, 2014)2
  • As of 2010, for example, 158 countries had a legal age of marriage of 18 years.
  • Global Survey (2013) shows that only 51 percent of countries have addressed child marriage and forced marriage during the past five years. Girls and young women continue to face multiple and interlocking forms of discrimination, leaving them often among the most marginalized, vulnerable and hard-to-reach young people.
  • Evidence demonstrates that unleashing the potential of girls and young women is an effective tool to address poverty, improve health and sanitation and reduce violence in communities
  • In a country rife with gender inequalities and an underlying nature of patriarchy, girl children often find themselves at the short end of the stick. Discrimination against girls is rampant, and due to the fear of abuse and exploitation, they are kept at home and not sent to school.

World Health Organization’s (Media Centre, 2011) on a Multi-country study on ten mainly developing countries in South Africa and also Japan and Peru and other countries held that 15-71% of women experience physical and sexual violence by an intimate partner at some point in their lives. Risk factors of this sort of violence include:

  • Lower level of education(perpetrator and victim)
  • Exposure to child maltreatment(perpetrator and victim)
  • Witnessing parental violence(perpetrator and victim)
  • Antisocial personality disorder(perpetrator)
  • Harmful use of alcohol(perpetrator and victim)

Since 2010, the female jail population has been the fastest growing correctional population, increasing by an average annual rate of 3.4 percent. Nearly 8 in 10 female mentally ill inmates reported about their physical or sexual abuse. Women were arrested for offences under the Indian Penal Code (IPC) during the three-year period. This was about 57,406 arrests in Andhra Pradesh and 49,333 arrests in Madhya Pradesh. And Tamil Nadu is with a tally of 49,066, and Gujarat, with 41,872.

Female juveniles are increasing with the reasons rooted in poverty, the behaviour of others towards them at school; from cousins and relatives; along with changing lifestyles; children joining vulnerable groups who are alcoholic; and sexual exploitation etc., the Female Juvenile crime rate is ranging from 15% to 29%.

Rights of girl child:

History might say that early man might have given primacy for the protection of woman for he observed that nature and women were the two powerful bodies two give birth to living beings. Epics also might say that woman was revered and worshipped and was allowed to intellectual discourses. But later history and present-day witnessed only women exploitation; discrimination and non-welcoming signs of the girl child; and even fetal death. For they thought a girl child is a family burden and even a cause for economic loss to family in the process of her marriage. Hence either girl is being killed or ill-treated; not being educated and developed. Family and society together are thus perpetuating the deprived status of girl and women. A girl child can learn a lesson from looking at her mother; from elder sister and society at large. And can improve her status. At the same time owing to her tender age and lack of cognizing ability due to brought up in poor conditions and brought up by illiterate parents she may not be able to develop her status.

Here in this context, we need to know the significance of life living in dignity and on the importance to know that each person is unique and certainly has a potential self to see her as a developed individual. Thus we discussed her on a person’s right to dignity and identity in birth and brought up as the fundamental right. For this purpose, we refer to Abraham Maslow’s theory of motivation and self-actualization. When Maslow said “What man can be he must be” it is not an exception for a woman. Maslow’s doctrine of self-actualization tells that human being’s needs are hierarchical from physiological to safety. When safety needs are satisfied, human being aspire for the fulfilment of needs for sense of belonging from family, community and then aim at recognition of self through achievement. Ultimately he/her look at self-pursuing his/her actual and creative interests (See Figure 1 on Maslow on Self-Actualization). Hence why not these goals are not applicable to women too? Yes, women/Girl children need identity; dignity in birth and brought up.

 

Maslow often said to realize and reinforce the potential self of human beings:

“A musician must make music; an artist must paint, a poet must write if he is to be ultimately at peace with himself. What a man can be, he must be”(Abraham Maslow, 1954, Motivation and Personality)

Further, Maslow cautioned:

“If a woman’s needs are not recognized, and she is forced to seek identity and self-esteem only in sexual fulfilment, motherhood, and the possession of material things” (Friedan, 1963). For, “Indeed Maslow also realized that high dominance women were “psychologically free, easy and relaxed” says Betty Friedman.

Hence what a girl wants today is not the treatment as superwoman of yesteryears or epics or the looking down attitudes of today but a healthy attitude; a human treatment. To refer Robert Ellis in this context: “Human beings are human beings; neither superhuman nor sub-human”. Hence, a girl child like any other citizen of India too needs all the rights for its comprehensive development. National Policy on Children 2013 provides for this dignity. It states:

“Every child has universal, inalienable and indivisible human rights. The Rights of children are interrelated and interdependent; each one of them is equally important and fundamental to the well-being and dignity of the child.”

All other rights we have enlisted here below are in fact stem from this basic right to dignity in birth and brought up; rather support and sustain this fundamental right of the girl child. There are many rights, and these are categorized in four categories as Right to survival & Health; Right to Development; Right to Protection and Right to Participation.

Right to survival & Health

  • Right to citizenship
  • Right to dignity in birth
  • Right to maternity leave for mother
  • Right to developed crèches and childcare mechanism
  • Right to survival and health
  • Right to healthy and nutritious food
  • Right to parental care of both the parents
  • Right to water, sanitation& standard health
  • Right to health care facility
  • Right to share in the family matters

Right to Development

  • Right to free expression
  • Right to know about development programmes of the state
  • Right to security and defence
  • The right to Education
  • Right to decent standard of living for parents
  • Right to housing
  • Right to leisure and recreation

Right to Protection

  • Right to protection
  • Right to equality and against discrimination
  • Right to have good social treatment
  • Right to state-home shelter
  • Right to privacy
  • Right to social security and support mechanisms
  • Rights female juveniles in conflict with law
  • Rights of Juvenile pregnant
  • Right to reformation and rehabilitation

Right to participation

  • Right to free expression
  • Right to follow conscience and own religion
  • Right to control media from obscenity and
  • Right to participation in child matters with local & state bodies
  • Right for speedy justice

In fact, there are various mechanisms working under this rights-perspective of the girl child. At the International level, through India becoming a state party to the UN Convention on the Rights of the Child, 1989, India is answerable to the Committee of CRC and also to provide and report on the rights of the child. At National level Indian constitution through its Fundamental Rights and Directive Principles insists on the provision of rights for its citizens where the child is also to be considered as a citizen. Further, it also provides certain welfare and protective legislations with a scope for amendments from time to time and to changing needs of the citizens and also considering cropping issues of citizens. All these have been already discussed in other modules on Constitutional protections and legislative safeguard and Juvenile Justice Act relating child rights. But what we need is not simply relooking at these legal provisions. Rather our concern should be on why a girl child needs a special mention regarding provision and protection of her rights. Hence let us look into that direction to raise the status of the girl-child.

The National Policy on Children 2013 reads: “Every child has the right to life, survival, development, education, protection and participation. Every child has the right to life survival and development beyond the physical existence of the child and also encompasses the right to identity and nationality.”

On 18th April 2013 Union Cabinet approved this National Policy for children to help implementation of programmes for child’s development.

Girl child’s right to survival &health

As we all know that birth of a girl-child is a least welcoming event. A nation brought an act to prohibit parents choice for only boy-child and to prevent the female fetus from death through Pre-conception and Prenatal Diagnostic Technique (PCPNDT) Act, 1994. But a law cannot change age-old attitude. This needs again family education programmes regarding care for the girl. There are certain National policies and programmes like National Health Policy 2002 and National Nutrition mission 2002. National Policy on Children 2013 is a major policy that covers many aspects. This policy highlights preventing HIV infections at birth and ensures infected children for medical treatment; adequate nutrition and accession for other rights. Further, this policy insists that family or family environment should be most conducive to the all-round development of children and children are not to be separated from their parents, except where such separation is necessary for their best interest.

Other National programmes in this regard include:

  • Integrated Child Development Service 1975 to address malnutrition issues for children below the age of six years
  • Mid-day meal scheme for school children
  • Udisha Child Care Training Programme for ICDS workers
  • Sukhanya Samridhi Yojana, 22 January 2015 for the schemes to ensure equitable share to a girl child in resources and savings of a family.

There are some other efforts viz., through universalisation of ICDS and Kishori Shakti Yojana (KSY), launching a nutrition programme for adolescent girls, the establishment of the Commission for Protection of Child Rights and enactment of Protection of Women from Domestic Violence Act. This provides for support services of crèches/day care centres for the children of working/ailing mothers.

Girl child’s right to development

Right to education is the major aspect of child’s development. Girls are often discriminated of this right. Many a girl children when they are born as a first child of the family they are deprived of schooling. Children from farming community and other works as construction works and as such are left behind from development; they have to look after younger siblings and to carry other household duties. Even after the introduction of Article 51-A(k) that insists on parental responsibility to send children to school, girl children are not being sent to school. National Policy for Children 2013 provides for Child’s Right to Education:

  • It gives primacy for mental, emotional, cognitive, social and cultural development of the child and it is to be addressed in its totality.
  • Universal and equitable access to quality Early Child Care and Education (ECCE) of all children below sis years of age
  • It ensures that every child in the age group 6-14 years is in school
  • It promotes affordable and accessible quality education up to secondary level for all children
  • It provides for foster and support intersectoral networks and linkages to provide vocational training options and enable career counselling and vocational guidance
  • It ensures that all out of school children are tracked, rescued, rehabilitated and have access to their right to education.
  • It addresses discrimination of all forms in schools and foster equal opportunity, treatment and participation
  • It prioritises education for disadvantaged groups by creating enabling environment
  • It ensures physical safety of the child and provide safe and secure learning environment
  • It ensures that all processes of teaching and learning processes are child-friendly and
  • It ensures formulation and practice of pedagogy that enables and delights children

Apart from the National policy on children, 2013 there are also other programmes for development of the child:

  • National Institute of Public Cooperation and Child Development (NIPCCD)
  • National Commission for Women (NCW)
  • National Commission for Protection of Child Rights (NCPCR)
  • Central Adoption Resource Agency (CARA)
  • Central Social Welfare Board (CSWB)
  • Rashtriya Mahila Kosh (RMK)

Girl child’s right to protection

Indian Constitution through its Directive Policies obligates State for protection of child rights. There are national programmes like National Child Labour Protection working since 1987 to prohibit children below the age 14 years to work in dangerous occupations. However, National Policy for children 2013 provides for the child:

  • Every child has the right to a dignified life, free from exploitation;
  • Safety and security of all children is integral to their well-being and children are to be protected from all forms of harm, abuse, neglect, violence, maltreatment and exploitation in all settings including care institutions, schools, hospitals, crèches, families and communities.
  • The Ninth Plan also provided special incentives to the mother and the girl child so that the birth of a girl child in a family rejoices. To this effect, in the year 1997, Balika Samriddhi Yojana
  • (BSY) was launched whereby a special package consisting of Rs.500/- to the mother and annual scholarship ranging from Rs.300/- to Rs.1,000/- for education of girl children from class 1 to 10 was provided to all those families living below the poverty line to ensure that all girl children went to schools. The incentive of Rs.500/- to the mother on the delivery of a girl child was limited to two girl children only. Similar initiatives were also launched by other State Governments.
  • In 1998, the Government with the support of UNICEF launched a special service for children called Childline. This is a free phone service that can be accessed by a child or anyone on
  • his/her behalf simply by dialling the number 1098. At present, Childline is working in 68 cities. through a network of NGOs which not only responds to the needs of children but also plays a major role in crisis intervention, long-term care and rehabilitation. Realizing the need for an effective service delivery to children in need of care and protection, a National Initiative for Child Protection was launched through the National Institute of Social Defence and Child Line India Foundation.

Girl Child’s Right to Participation:

The girl child is hardly allowed to speak even today. She is generally brought up with over sensitive care for being a girl; not allowed to speak aloud. She is not allowed to be in association with friends and others easily. But a child has to share many of her views and problems with others. Otherwise, she is prone to suffer at a higher cost. National Policy on Children 2013 reiterates the rights conferred in the Universal Convention on the Rights of the Child, 1989 in this respect:

  • All children have equal rights, and no child shall be discriminated on the grounds of religion, race, caste, sex, place of birth, class, language, and disability, social, economic or any other status.
  • The best interests of the child is a primary concern in all decisions and actions affecting the child, whether taken by legislative bodies, courts of law administrative authorities, public, private, social, religious or cultural institutions.
  • Children are capable of forming views in any way; they are able to communicate, in matters affecting them.
  • Children’s views are to be heard in all matters affecting them, in particular, judicial and administrative proceedings and interactions, and their views given due consideration and administrative proceedings and interactions, and their views are given due consideration in accordance with their age, maturity and evolving capacities.

Suggestions:

 

We may consider the following suggestions and initiatives to improve the status of the girl child.

  1. Aggarwal (2002) says that education is a process which draws out its best in the child with the aim of producing well-balanced personalities culturally refined, emotionally stable, ethically sound, mentally alert, morally upright, physically strong, socially efficient, spiritually upright, vocationally self-sufficient and internationally liberal”.
  2. Hence a girl child has to aim at getting educated. Remembering the popular people who strived to serve the nation in the past, a girl child should aim high; by not giving more attention to fashion model icons. As we learnt from Maslow’s theory of self-identification, the dignity of a child lies in, with what and with whom she identifies. Her identification of her potential self is the first step for her growth.
  3. Shanta SinhaRecalled incidents on female feticide and said in her public speech: Dharmapuri, Salem and, Madurai have shocked the nation on this account. The news of a doctor who has admitted to illegally aborting 260 female foetuses, after the police finding dozens of tiny bones in the basement of his maternity clinic in Gurgaon.
  4. Thus we find, Shanta Sinha continues to say that programs and policies for infants and young children are woefully weak, lacking in seriousness about protecting their rights. The tragedy of infants being abandoned by poor parents is an indication of a collapse of all the institutions that are designed to take care of children especially girls. The need of the hour is for the government to make wholehearted investments on children and guarantee their rights. At the same time, it is essential to build a social norm in favour of their rights and empower local institutions and processes to bring pressure on the government to deliver services efficiently, just so that children live a life enjoying their special privilege, which is their childhood. In this regard, one must look at the significant work done by agencies such as the Indian Red Cross in Punjab. Further, it is necessary to have strong voices in the civil society from the religious groups. The SGPC’s statement that the Sikh code of conduct does not approve of girls being seen as unequal and their dignity has to be protected as a moral and spiritual act must make a difference. It is the time that all other religious groups join hands in this campaign, and the political parties too came up with a code of conduct for all its members.
  5. Savitha Bhakhry stressed on the need to improving water and sanitation coverage both in rural and urban areas. Sanitation measure is an important aspect especially for the right of the girl child in rural areas. Often she is put to shame and exploitation for lack of water and proper sanitation facility.
  6. Further, Savitha Bhakhry suggests to address Girl children who have been victims of sexual abuse; response to their needs has been ad-hoc and largely in the form of relief. Further, she advises on the o need to bring about improvement in the standards of service in most State-run institutions and those run by voluntary organizations.
  7. Millennium Development Goals -2 is about extending the educational opportunity for all children, with a particular emphasis on girls.
  8. Further “Girls, not Brides” is a global partnership of more than 800 civil society organisations committed to ending child marriage and enabling girls to fulfil their potential.

Summary

We have discussed on the rights of girl child which are deprived due to family tradition and due to poor socio-economic statuses. At the same time, we have not actually discussed the mere legal provisions embedded in the Constitution of India or other legislations. Rather we were discussing on various other measures to make aware the parents and girl children about the national policies and programmes for children. Further, there are many child helplines and Nongovernmental organizations that are ready to take action against violation of child rights and also for providing counselling and rehabilitation of the children affected. Though we have not enlisted all the programmes and service for the girl child, this module might have given many insights in the area of rights of the girl child.

you can view video on Rights of the Girl Child

Reference

  • Aggarwal, J.C., (2002).Theory and Principles of education: Philosophical and sociological bases of Education, pp. 3-4.
  • Savita Bahakry (2006). Children in India and their Rights, New Delhi: National Human Rights Commission
  • Shanta Sinha, This keynote address was given at the Symposium on “Girl Child – The Right to Dignity” organized by Punjab University, Chandigarh as part of their Diamond Jubilee celebrations, on 25 January 2008.
  • Save the children 2008-Child development index, UK: Save the ChildrenP.3 Betty Friedan (1963) Maslow on women available at : https://maslowonwomen.wordpress.com/maslow/theory-of-needs-and-self-actualisation/ accessed on 29th August, 2017.
  • Albert Ellis, Theories of Counseling
  • UNICEF, (Friday, 29th August, 2014) When Girls are allowed to be Girls, http://www.girlsnotbrides.org/700-million-women-married-children-reveals-new-unicef-data/ UNDP (2014) Youth Strategy 201-2017, New York: UNDP,p.12
  • Child marriage (http://www.cry.org/issues-views/child-marriage/)
  • Media Centre (September 2011).Violence against women, World Health Organization
  • Statists on Women offenders; https://www.csosa.gov/newsmedia/factsheets/statistics-on-women-offenders-2016.pdf
  • http://timesofindia.indiatimes.com/india/In-India-Maharashtra-tops-list-of-women-arrested-for-crime/articleshow/25196555.cms
  • Satyanghsoh, Female Juvenile: Law and Society available at http://www.legalservicesindia.com/article/article/female-juvenile-law-and-society-1486-1.html, accessed on 29th August, 2017
  • First Indian Women: http://indiatoday.intoday.in/education/story/first-indian-women/1/448279.html accessed on 31st August, 2017
  • UNICEF, (Friday, 29th August, 2014) When Girls are allowed to be Girls, http://www.girlsnotbrides.org/700-million-women-married-children-reveals-new-unicef-data/
  • Maslow’s quotation on self actualization https://www.brainyquote.com/quotes/quotes/a/abrahammas159011.html
  • Figure on Maslow on self actualization: https://www.google.co.in/search?q=maslow