Child maltreatment refers to the use of children for the benefit or advantage of someone else which often results in the child being treated unjustly, cruelly and harmfully.
'Child maltreatment,' often referred to as child abuse and neglect, includes all types of physical and emotional ill-treatment, sexual abuse, neglect and exploitation which lead to significant or potential harm to the health, development or dignity of the child.
Five subtypes can be distinguished under child maltreatment – physical abuse; sexual abuse; negligence and inadequate treatment; emotional abuse; and exploitation.
Such child exploitation behaviors are detrimental to the development of physical or mental health, employment, confidence or social-emotional growth of the child.
India has some 440 million children; they make up over 40 percent of the population. 27 Mio. babies are born every year. Many infants face a dangerous birth and struggle to survive. Many more suffer from poverty and traumatic childhoods and fail to achieve their full potential.
Physical abuse of children committed by school teachers, although it was for a better academic outcome from the student is also a form of child maltreatment.
Regardless of intent, the child will succumb to it and it may scar their behaviors permanently. Knowing the information and understanding of parents is very necessary to take the required measures to minimize the incidence of child maltreatment in the Indian community.
Childhood development between the age of 5 to 18 is considered a most critical period of life that influences the quality of health, well-being, learning and behavior across the life span.
This is a time of tremendous opportunity, but also tremendous susceptibility to adverse factors. The path that development takes in each person is critically dependent on the level of stimulation, encouragement, and nutrition that the child receives in family, community and care environments.
CHILD RIGHTS IN INDIA:
All citizens under the age of 18 are entitled to rights guaranteed by the Constitution of India and the international legal instruments that we have accepted by constitutional reform.
India's constitution provides certain child rights, which have been expressly provided for their protection.
Child rights go beyond just human rights and exist to ensure and people around the world are treated equally and correctly, and to promote their welfare.
Child rights in India comprise of:
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The right to free and compulsory elementary education for all children aged between 6 and 14 years (Article 21 A).
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Right to be protected from any hazardous activity up to the age of 14 years (Article 24).
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The right to be protected from abuse and forced into occupations unfit for age or strength by economic necessity (Article 39).
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The right to fair opportunities and facilities to grow in a safe manner and under conditions of equality and dignity, and assured protection of children and young people against abuse and moral and material abandonment (Article 39F).
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Right to equality (Article 14).
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Right against discrimination (Article 15).
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Right to personal rights and due legal process (Article 21).
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Right to safety from slavery and coerced into slave labor (Article 23).
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The right to be protected from social inequality and other forms of oppression of poorer parts of the population (Article 46).
LEGAL FRAMEWORKS TO PROTECT CHILD RIGHTS IN INDIA:
Through the introduction of new legislation and amendments to current laws, the legal structure for child rights in India is being improved.
Legislations include:
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the Food Security Act 2013,
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the POCSO Act, 2012,
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the Free and Compulsory Education Act 2009,
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the Prohibition of Child Marriage Act 2006,
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the Commissions for the Protection of Children's Rights Act 2006,
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the Juvenile Justice Act (Care and Safety of Children) Act 2006,
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the Child Labour Act (Prohibition & Regulation), 2008
A key federal law was the Juvenile Justice (Care and Protection) Act 2000 (amended 2006). It provided a system for both the care and protection of children and children in conflict with the law. This legislation is currently under review for substantive revisions and could be replaced by a new statute.
The Government has assigned the Ministry of Women and Child Development (MWCD) the focal responsibility for child rights and development.
Child maltreatment is a global problem but is more difficult to quantify and handle in developing countries like India, where one-fifth of the world's total child population exists.
Children are the greatest human resource in the country, and a measure of the country's social development lies in its children's well-being. India's children are still subjected to child maltreatment and abuse, regardless of the limited measures taken to avoid it.
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