REPORT BY THE SUB-COMMITTEE ON UNCRC
9
Report of the Sub-Committee on
UN Convention on Rights of the Child (UNCRC)
INTRODUCTION
The Convention on the Rights of the Child (CRC) was approved by the
General Assembly of the United Nations on 20 November 1989. The
Convention was formally opened for ratification on 26 January, 1990,
the Government of India ratified the CRC on 11 December, 1992. It,
however, has signed the Convention, thereby indicating general support
for its principles and an intention not to take actions that would actively
undermine those principles. The CRC is the most complete statement of
child rights ever made. It takes the ten principles of the 1959 Declaration
of the Rights of the Child, and expands them to 54 articles, of which 41
relate specifically to the rights of children, covering almost every aspect
of a child’s life.
The Protection of Human Rights Act, 1993 mandates the Commission to
study Treaties and other International instruments on Human Rights and
to make recommendations for their effective implementation through
domestic legislations as well as programmes and policies. Accordingly a
ten member Committee under the Chairperson, NHRC was constituted
on 03rd February, 2017 to advise the Commission. The first meeting of
this Committee was held on 24 May,2017 under the chairmanship of
Justice H.L Dattu. The Committee made a recommendation to explore
the possibility of setting up specialized thematic sub-committees,
such as on child rights, disability, women, etc to assist the Committee
in its work. These sub-committees were to make recommendations
on the gaps between the relevant international convention and the
pertinent domestic legislation. The meeting of the Committee held on
16 November, 2017 constituted a Sub Committee on the Convention on
the Rights of the Child (CRC) under the chairmanship of Hon’ble Member,
Smt. Jyotika Kalra.
Under the chairmanship of Hon’ble Member Smt. Jyotika Kalra, ten
meetings of the Sub-Committee were held, between December, 2017
to February 2019 with subject experts Shri Sudhir Kumar, Special
Rapporteur, NHRC, and Ms. Bharti Ali, Co-Founder & Executive Director,
HAQ-Centre for Child Rights, apart from meetings, the inputs were given
through mails also. During deliberations, the Sub- Committee considered
not only the provisions of Laws but also the Judgements and the
Schemes of Govt, it was felt that comparison should be short and easy
to comprehend. The Convention has been divided in six subheadings i.e.
Child in Family Environment, Children Deprived of Family Environment/
Alternative Care, Child Labour, Educational, Social Security, Religious and
Economic Rights, Kidnapping, Trafficking, and Violence against Children,
and Non-Discrimination. The comparison has been given in tabular form,
first column contains articles of UNCRC in bullet points, second column
mentions corresponding legal provisions, Judgements and Schemes of
Government, for reference, the details of the provisions have been foot
noted. After comparing both the columns, the gaps have been identified
and numbered, each gap has its corresponding recommendation, the
justification for the same has also been given in brackets.