NEW DELHI : The Law Commission of India today recommended amending the Constitution to ensure that children below six years of age are protected from “all forms” of neglect, harm and exploitation.
The Commission also recommended that their right to basic care and assistance be made an enforceable right, while noting that the current legal framework in India does not place enough emphasis on the rights of young children.
It said that the early childhood is the phase of “maximum vulnerability” and deprivation can seriously impact a child’s health and learning potential.
The Commission, in its report submitted to the Law Ministry today, also recommended amendments to the Right to Education Act, Maternity Benefit Act and creation of a statutory authority for early childhood development to ensure “proper emphasis” on the promotion of early childhood development.
The report of the Commission, whose term is ending on August 31, is the result of demands made by some representatives of Alliance for Right to Early Childhood Care & Development and Mobile Creches, who highlighted the issue relating to the rights of children under the age of six years.
The commission said that the protection of early childhood development in India depends on policies and schemes created and run by the central and state governments.
“The Commission is of the view that the Constitutional framework of Fundamental Rights and Directive Principles should reflect the special status and needs of children below six years.
“Further, the Commission believes that statutory backing should be given to the existing schemes and policies in order to create legal entitlements in favour of children,” said the report.
The law panel suggested that as per the recommendation of the National Commission for Review of Constitution, a new Article, 24A, be inserted to Part III of the Constitution to ensure that the child’s right to basic care and assistance becomes an enforceable right.
“The Article should read as follows: ’24A. Every child shall have the right to care and assistance in basic needs and protection from all forms of neglect, harm and exploitation’,” the report said.
To extend the Right to Education to children in the under-6 age group as well, Article 21A of the Constitution should be amended, it said and recommended that the amended Article should read as: “The State shall provide free and compulsory education to all children in such a manner as the State may by law determine.”
It pointed out that as of now, issues relating to interests and welfare of young children “remain locked” in Part IV of the Constitution that incorporates Directive Principles of State Policy.
The panel said that Section 11 of the Right to Education Act should be made mandatory and should ensure that children above the age of three are prepared for elementary education. It should be so worded to ensure that children below the age of six years are provided early childhood care and education.
It also suggested that the Maternity Benefit Act be amended so that maternity benefits are increased from twelve weeks to 180 days.
“Provision of maternity benefits should be made obligatory on the state and not left to the will of the employers and should cover all women, including women working in the unorganised sector,” the report said.
It also recommended that the government should formulate its policies to lay down minimum specifications of paid maternity leave to women employed in private sector.
“In order to ensure proper emphasis on the promotion of early childhood development (ECD), especially keeping in view that the current approach towards it is fragmented into different schemes and raises issues of lack universality in standards, monitoring and coordination, it is suggested that a statutory authority or Council for Early Childhood Development be created,” the Commission said. (AGENCIES)
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