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T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
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In the next year, the Commission concentrated on the need for the
provision of free and compulsory primary education upto the age of 14
years and amendments to the Child Labour (Prohibition & Regulation)
Act, 1986 as being essential to the ending of child labour in the country.
This position was reiterated in succeeding years.
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The violation of the rights of women and children was next considered
from the angle of health. The issue of maternal anaemia was first
identified as a human rights issue in 1996-97. Thereafter, in 2000, as
indicated earlier, came the workshops and consultations on Public Health
and Human Rights, and Human Rights and HIV/AIDS, both of which had
direct relevance to the rights of women and children.
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In 1997-98, the Commission began its efforts to amend the Child
Marriage Restraint Act 1929, a matter on which it submitted detailed
proposals to Government in the year 2000-2001.
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In 1998-99, the Commission recommended the prohibiting of employment
of children below the age of 14 years by Government servants, a matter
on which appropriate orders were subsequently issued by the Central and
a number of State Governments.
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The issue of "discrimination" as a cause of human rights violations was
examined in great detail in the Commission's annual report for 19992000, especially in relation to gender and caste-based discrimination. A
series of recommendations were made on these issues, the performance
of the country being measured against the Fundamental Rights and
Directive Principles enshrined in the Constitution, the international
instruments to which India was a State Party, the decisions of the
Supreme Court (notably in Vishaka and Others vs. State of Rajasthan),
and the laws of the land. For the first time, too, the Commission examined
the proceedings and recommendations of certain Treaty Bodies before
which India had presented its country reports and made its own
recommendations concerning the steps that Government should take.
Specifically, the Commission commented on matters relating to the
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), the Convention on the Rights of the Child (CRC), and
discrimination affecting dalits, an issue which had been considered by the
Treaty Body constituted under the International Convention on the
Elimination of All Forms of Racial Discrimination (CERD). In so doing,
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N