Like past population control policies, they’re targeted at Muslim and lower-caste families, and illustrate a broader Hindu nationalist agenda with one child policy in india anti-democratic tendencies. As in China, in some states in India, women’s education and their aspirations for their children have contributed to lower birth rates. Birth rates in other states with high Muslim populations have also declined, but at a slower rate. Besides domestic Interparental child custody conflicts raging all over internally, a 30 million global Indians over the globe, have generated an immense spurt in intercountry, interparental child abduction both to and from India. Not being a signatory to the Hague Convention on Civil aspects of International Child Abduction, 1980, child custody disputes are decided in India on the welfare of the child principle. In this backdrop, innocent children are pawns in interparental conflicts and find little expression.
In 1952, India was the first country in the world to launch a mass mediacampaign to spread the concept of family planning in response to populationgrowth. Union Minister Ramdas Athawale said on Saturday that there should be a one child norm in the country as a measure to control population growth. India has been grappling with population control for decades, which has resulted in abject poverty, with government welfare programmes unable to cater to thousands of people earning less than $3 per day. Following the ratification of International Labour Organisation (ILO) Conventions 138 and 182 in 2017, the successful implementation of the National Policy on Child Labour is crucial. Achieving this milestone will not only uphold the rights of children but also elevate the country’s global standing and reflect its commitment to becoming a leader among developed nations.
- According to the National Bureau of Statistics in China, the poverty proportion in China has decreased from 35% in 1978 to 15% in 1985, and there is a continuous decrease in the poverty proportion (see Fig. 1).
- The state didn’t collect any particular data regarding child labour from 2011.
- However, he said it was the stand of his party and not that of the government of India.
- This article aims to analyze the National Child Labour Policy, its implications, and the legal framework, aiming to eradicate child labour.
- As in China, in some states in India, women’s education and their aspirations for their children have contributed to lower birth rates.
- This article has examined the National Child Labour Policy, its legal framework, and the ongoing challenges in eradicating child labour, offering insights into both progress made and persistent gaps.
- As happened at the height of China’s one-child policy, Indians could lose government jobs and more if such laws were passed at the national level.
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The “one-child policy” – limiting births per couple through coercive measures – was implemented in the early 1980s, and fertility dropped dramatically. Each time the author encountered such incidents, she gathered data on child labour and included it in this paper. This article emphasizes the need for effective enforcement of the law to enhance the welfare of children and ensure their rights are protected.
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By inviting their voices into the hallowed halls of justice, we stand true to the spirit of the UNCRC and our Indian jurisprudence. As the concept of shared custody gains traction, we observe a swift departure from the once rigid notion of sole parental authority. In Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228, the Supreme Court cast a light on these archaic boundaries, suggesting that traditional paternal guardianship should yield to more balanced arrangements. If a joint custody plan is to thrive, it must yield to the rhythms and preferences of the very person at its centre.
In the Indian Courts, as in all civilised realms, the best interest of the child stands paramount. Yet we dare not forget the child’s own voice, for it is often the surest guide to justice. Chandra suggested the Uttar Pradesh government should “segregate” the state into districts and focus on those districts where the fertility rate is high. In December last year, India’s health ministry, in an affidavit filed before the Supreme Court, said coercing people to have a certain number of children would be “counterproductive” and lead to a “demographic distortion”. Even Nitish Kumar, a prominent BJP ally and chief minister of neighbouring Bihar state, and the right-wing party’s ideological partner, the Vishwa Hindu Parishad (World Hindu Council), have raised objections against the proposed law in Uttar Pradesh.
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Later, the teacher explained that the boy needed to sell roses worth at least Rs. 10 to afford a meal to satisfy his hunger at the nearest shop. In the past decades of cooperation, we have seen that investing in children reaps enormous dividends as demonstrated in India. Whether it is reduction of under-5 child mortality, increase in full immunization and school enrollment rates, safe sanitation and clean water, the well-being of India’s children is improving significantly. UNICEF is proud to partner with the Government of India for more than 75 years, working together, along with the private sector, civil society, youth and children themselves to strengthen systems and services that improve the advance the rights of every child,” she added. The far-fetched wisdom and outreach of Justice Mustaque in creating CLAP with a cadre of CSL is therefore a breakthrough. If a CSL appears as Counsel for the Child at the earliest Court hearing possible, children will have an unpolluted voice to hear their views for the independent consideration and adjudication by the concerned Court.
The idea the country should adopt something like China’s former “one-child policy” has been moving from the fringe to the political mainstream. The fight against child labour in India is a complex yet vital mission, demanding a multifaceted approach grounded in strong policies, efficient enforcement, and collective societal effort. This article has examined the National Child Labour Policy, its legal framework, and the ongoing challenges in eradicating child labour, offering insights into both progress made and persistent gaps.
Those with one child will get four additional increments in their jobs and free healthcare and education for their child till the age of 20. Legislation in Uttar Pradesh proposes to make people with more than two children ineligible for government jobs and exclude them from state’s schemes. National ad campaigns promoting “one child” link the policy to prosperity andgood Communist citizenship. By showing happy single female children, many ofthe ads also seem to respond subtly to the traditional preference for boys,which some critics maintain has led to the killing of female infants. “No person shall procreate more than two living children after a period of one year from the commencement of this Act,” stated a population control bill introduced on the Parliament floor in 2016 by Prahalad Singh Patel, a legislator from the central Indian state of Madhya Pradesh.
- Yet experience has taught us that the child’s own utterances, tempered by age and comprehension, lend a perspective no Court should ignore.
- The average number of children perwoman has dropped to around four from around eight in the 1980s, whichconstitutes one of the fastest-ever national declines in family size.Contraceptive use has grown from seven percent in 1978 to over 30 percenttoday.
- And in 2021, a senior government minister proposed a national “one-child” policy.
- Spontaneously and unconsciously, Children lose their right to Family Life.
- These calls have less to do with demographic reality, and more to do with majoritarian Hindu nationalist concerns around Muslim and “lower-caste” fertility.
- At least 152 of the BJP’s 304 elected members to the state assembly have three or more children.
- Shailaja Chandra, former health ministry secretary and former executive director of National Population Stabilisation Fund, said given its population and high fertility rate, Uttar Pradesh does require “focus at a policy level and a population policy is very much called for”.
The state does not collect specific child labour data under the Census Act, 1948, and other statutes. However, they collect and publish data on workers (main and marginal) and non-workers. The state has not collected data for this purpose, which shows their lack of interest in preventing child labour laws and their enforcement. Since 1949, UNICEF has collaborated with and supported the Government of India and State Governments to facilitate that every child has the best start and opportunities in life. Guided by the Convention on the Rights of the Child, the global Sustainable Development Goals for 2030, UNICEF’s priorities align with and contribute to national social development goals. Muttreja said two-child norms are known to “disproportionately impact the most deprived and vulnerable, particularly women and girls, who already have little to no access to health and education”.
By the time the paraphernalia of law provides counselling, psychological analysis & intervention of mediators, damage done to the child is irreversible. As Justice Sikri in the Supreme Court Judgement of Vivek Singh Vs Romani Singh, 2017(3)) SCC 231, sums up, the level playing field of any decision is lost. Reported cases have shown that families break up, children are split amongst parents & the die is cast. Spontaneously and unconsciously, Children lose their right to Family Life. Although the name of the bill is The Uttar Pradesh Population (Control, Stabilization, and Welfare) Bill 2021, the salient features of the bill have shown that it has major emphasis on debarring from different elections and welfare schemes.