REPORT BY THE SUB-COMMITTEE ON UNCRC
United Nations Convention on
the Rights of the Child(UNCRC)
Article 27 48: Children have the
right to a standard of living that
is adequate for child physical,
mental, spiritual, moral and social
development.
Article 28 49: State shall ensure free
and compulsoryprimary education
and encourage development of different forms of secondary education.
Make higher education accessible
to all on the basis of capacity. Make
educational and vocational information and guidance available and
accessible to all children. Encourage
regular attendance at schools.
State shall ensure school discipline is
administered in a manner consistent
with the child’s human dignity.
Article 29 50: State shall ensure education of the child is directed to the
development of the child’s personality, talents and abilities.
29
Provisions in the Constitution of India and
Domestic Legislation/Policy Measures in
Consonance with UNCRC
Gaps between UNCRC
& Indian Laws (G) and
Recommendations(R)
free and compulsory education for children between the
age of 6 to 14 years in India.
a) Section (12)(1)(c) 63 mandates 25 percent reservation for children from economically and socially disadvantaged sections, in private unaided schools.
b) Section 16 mandates that “no child admitted in a
school shall be held back in any class or expelled from
school till completion of elementary education”.
c) Section 17 (1) prohibits physical punishment and
mental harassment of children in schools.
(As provided under JJ Act especially
under Sec 94 or any other law as may
be applicable)
d) Section 18 64: No school to be established without
obtaining certificate of recognition and Section 19 65 of
RTE Act 2009. Explanation 66.
6. The National Food Security Act, 2013 (concerning
children below 14 yrs).
Government policies/ programmes/schemes
7. National Early Childhood Care and Education
(ECCE) Policy, 2013 deals with development and learning of child in first six years of child.
8. National Plan Of Action For Children, 2016
It assures a safe, dignified and a life full of growth opportunities to all children.
G21: Many children in CCIs are often
unable to access their right to education and development because
they need special services to help
bridge the age and education gap
or they may be too old for school
admission, or may not be interested
in school education given their past
life experiences and circumstances.
R21: Special coaching should be
provided in every CCI for children
(who join the Formal School system
in order to help them cope with the
school curriculum and bring them
at par academically with other
children in their class). At the same
time viable vocational training and
skill development programmes
should be promoted for children who
can neither be linked to the Formal
Schools nor the National Open
School system.